Konan v. Xerox Corporation Plan Administrator

Federal Civil Lawsuit New York Southern District Court, Case No. 7:11-cv-01786
District Judge Frederick Motz, presiding
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District Judge Frederick  Motz
Last Updated January 20, 2019 at 9:16 AM EST (7 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Niko Konan, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Ryanne Guy Konan +1 888 536 1434 ryannek1@gmail.com
v.
No Logo Xerox Corporation Plan Administrator, Defendant

Represented by Hoagland, Longo, Moran, Dunst & Doukas, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Anita Susan Cohen +1 718 761 2446 +1 516 357 3333 acohen@hoaglandlongo.com

Represented by Rivkin Radler, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Norman Louis Tolle +1 516 357 3242 +1 516 357 3333 norman.tolle@rivkin.com
Attributes
Citation Section 28 U.S.C. § 1441pr
Nature of Suit 791 - Labor: Employee Retirement Income Security Act (ERISA)
Timeline
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Legal Document (Payment Possibly Required) 17 Filed: 6/3/2011, Entered: None Unknown Document TypeCourt Filing
ORDER re: 15 Opposition Brief filed by Xerox Corporation Plan Administrator. Upon consideration of plaintiffs motion for reconsideration and the memoranda submitted in connection therewith, it is, this 3rd day of June 2011 ORDERED: 1. Plaintiffs motion for reconsideration is denied; and 2. Defendant is ordered attorneys fees in amount of $250.00 against plaintiff for plaintiffs prolonging of this frivolous litigation. (Signed by Judge J. Frederick Motz on 6/3/2011) (fk) (Entered: 06/06/2011)
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Legal Document (Payment Possibly Required) 16 Filed: 6/3/2011, Entered: None Unknown Document Type
RESPONSE in Opposition re: 11 FIRST MOTION for Oral Argument Reply to Defendant's Response. Reply to Defendant's Opposition to Plaintiff's Motion for Reconsideration. Document filed by Niko Konan. (Konan, Ryanne) (Entered: 06/03/2011)
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Legal Document (Payment Possibly Required) 15 Filed: 5/25/2011, Entered: None Unknown Document Type
OPPOSITION BRIEF to Plaintiff's Motion for Reconsideration. Document filed by Xerox Corporation Plan Administrator.(Cohen, Anita) (Entered: 05/25/2011)
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Legal Document (Payment Possibly Required) 14 Filed: 5/18/2011, Entered: None Unknown Document Type
JUDGMENT - It is, ORDERED, ADJUDGED AND DECREED: that defendants motion to dismiss and for attorneys fees is granted in part and denied in part, and the action is dismissed, but defendant is not awarded attorneys fees, and the case is hereby closed. (Signed by Clerk of Court Ruby Krajick on 05/18/2011) (dcr) (Entered: 05/18/2011)
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Legal Document (Payment Possibly Required)  Filed: 5/13/2011, Entered: None Unknown Document Type
Transmission to Judgments and Orders Clerk. Transmitted re: 13 Order on Motion to Dismiss to the Judgments and Orders Clerk. (fk)
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Legal Document (Payment Possibly Required) 13 Filed: 5/12/2011, Entered: None Unknown Document TypeCourt Filing
ORDER granting in part and denying in part 4 Motion to Dismiss. For the reasons stated in the accompanying Memorandum, it is, this 12th day of May 2011ORDERED 1. Defendants motion to dismiss and for attorneys fees is granted in part and denied in part; and 2. This action is dismissed but defendant is not awarded attorneys fees. (Signed by Judge J. Frederick Motz on 5/12/2011) (fk) (Entered: 05/13/2011)
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Legal Document (Payment Possibly Required) 12 Filed: 5/12/2011, Entered: None Unknown Document TypeCourt Filing
MEMORANDUM: Plaintiff has brought this action against Xerox Corporation (incorrectly identified in the complaint as Xerox Corporation Plan Administrator) seeking to recover benefits in the amount of $4,050.72 that were due to her under the Xerox Retirement Income Guarantee Plan on her father,who had been an employee of Xerox, who died in March 1992. Defendant has moved to dismiss on limitations grounds. The motion will be granted. (Signed by Judge J. Frederick Motz on 5/12/2011) (fk) (Entered: 05/13/2011)
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Legal Document (Payment Possibly Required) 11 Filed: 4/22/2011, Entered: None Unknown Document Type
FIRST MOTION for Oral Argument Reply to Defendant's Response. Document filed by Niko Konan.(Konan, Ryanne) (Entered: 04/22/2011)
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Legal Document (Payment Possibly Required) 10 Filed: 4/21/2011, Entered: None Unknown Document Type
RESPONSE to Motion re: 9 FIRST MOTION for Conference Request for Pre-motion Conf. Responsive Letter on behalf of Xerox. Document filed by Xerox Corporation Plan Administrator. (Cohen, Anita) (Entered: 04/21/2011)
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Legal Document (Payment Possibly Required) 9 Filed: 4/20/2011, Entered: None Unknown Document Type
FIRST MOTION for Conference Request for Pre-motion Conf. Document filed by Niko Konan. (Attachments: # 1 Exhibit D,E)(Konan, Ryanne) (Entered: 04/20/2011)
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Legal Document (Payment Possibly Required) 8 Filed: 4/20/2011, Entered: None Unknown Document Type
FIRST MOTION for Conference. Document filed by Niko Konan.(Konan, Ryanne) (Entered: 04/20/2011)
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Legal Document (Payment Possibly Required) 7 Filed: 4/8/2011, Entered: None Unknown Document Type
REPLY MEMORANDUM OF LAW in Support re: 4 FIRST MOTION to Dismiss Complaint filed by Niko Konan as Distributee of John Henry Alexis.. Document filed by Xerox Corporation Plan Administrator. (Attachments: # 1 Affidavit Affidavit of Service of Reply Memorandum of Law in Further Support of Motion to Dismiss)(Cohen, Anita) (Entered: 04/08/2011)
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Legal Document (Payment Possibly Required) 6 Filed: 4/3/2011, Entered: None Unknown Document Type
FIRST MEMORANDUM OF LAW in Opposition re: 4 FIRST MOTION to Dismiss Complaint filed by Niko Konan as Distributee of John Henry Alexis. Affidevit of Service. Document filed by Niko Konan. (Attachments: # 1 Affidavit Affidavit of Service)(Konan, Ryanne) (Entered: 04/03/2011)
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Legal Document (Payment Possibly Required) 5 Filed: 3/31/2011, Entered: None Unknown Document Type
FIRST MEMORANDUM OF LAW in Opposition re: 4 FIRST MOTION to Dismiss Complaint filed by Niko Konan as Distributee of John Henry Alexis.. Document filed by Niko Konan. (Attachments: # 1 Exhibit Exhibit A, B)(Konan, Ryanne) (Entered: 03/31/2011)
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Legal Document (Payment Possibly Required) 4 Filed: 3/21/2011, Entered: None Unknown Document Type
FIRST MOTION to Dismiss Complaint filed by Niko Konan as Distributee of John Henry Alexis. Document filed by Xerox Corporation Plan Administrator. Responses due by 4/4/2011 Return Date set for 4/18/2011 at 09:30 AM. (Attachments: # 1 Affirmation of Anita S. Cohen, # 2 Memorandum of Law in Support of Xerox Corporation's Motion to Dismiss, # 3 Affidavit of Richard J. Pautler, # 4 Affidavit of Service)(Cohen, Anita) (Entered: 03/21/2011)
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Legal Document (Payment Possibly Required) 3 Filed: 3/15/2011, Entered: None Unknown Document TypeCourt Filing
ORDER:This matter has been assigned to J. Frederick Motz. Judge Motz is a District Judge in the District of Maryland, sitting by designation in the White Plains Division of the Southern District of New York, for the purpose of managing cases that would have been assigned to Judge Stephen Robinson until Judge Robinson's successor is appointed. (Signed by Judge J. Frederick Motz on 9/20/2010) (rj) (Entered: 03/16/2011)
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Legal Document (Payment Possibly Required) 2 Filed: 3/15/2011, Entered: None Unknown Document Type
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Xerox Corporation Plan Administrator.(rj) (Entered: 03/16/2011)
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Legal Document (Payment Possibly Required)  Filed: 3/15/2011, Entered: None Unknown Document Type
Magistrate Judge George A. Yanthis is so designated. (rj)
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Legal Document (Payment Possibly Required)  Filed: 3/15/2011, Entered: None Unknown Document Type
Case Designated ECF. (rj)
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Legal Document (Payment Possibly Required) 1 Filed: 3/15/2011, Entered: None Unknown Document Type
NOTICE OF REMOVAL from Supreme Court, County of Dutchess. Case Number: 1437/2011. (Filing Fee $ 350.00, Receipt Number 927220).Document filed by Xerox Corporation Plan Administrator.(rj) (Entered: 03/16/2011)
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