Haas v. Gutierrez et al
Federal Civil Lawsuit New York Southern District Court, Case No. 1:07-cv-03623-GBD

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No Logo Edward F. Haas, Plaintiff

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space Jerry Vincent Leaphart +1 203 825 6265 +1 203 825 6256 jsleaphart@cs.com
v.
No Logo Carlos M. Gutierrez, Defendant

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Benjamin H. Torrance +1 212 637 2703 +1 212 637 2702 benjamin.torrance@usdoj.gov
No Logo Catherine Fletcher, Defendant

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Benjamin H. Torrance +1 212 637 2703 +1 212 637 2702 benjamin.torrance@usdoj.gov
No Logo John Doe I-V, Defendant
No Logo Science Applications International Corporation, Defendant
Officially listed as "Science Applications International Corp."
No Logo Shyam Sunder, Defendant

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Benjamin H. Torrance +1 212 637 2703 +1 212 637 2702 benjamin.torrance@usdoj.gov
No Logo Theresa McAllister, Defendant

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Benjamin H. Torrance +1 212 637 2703 +1 212 637 2702 benjamin.torrance@usdoj.gov
No Logo William A. Jeffrey, Defendant

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Benjamin H. Torrance +1 212 637 2703 +1 212 637 2702 benjamin.torrance@usdoj.gov
Office Foley Square
Filed 5/7/2007
Jury Demand None
Demand
Nature of Suit 890 - Other Statutes: Other Statutory Actions
Cause Section 05 U.S.C. § 551 Administrative Procedure Act
Jurisdiction U.S. Government Defendant
Disposition Judgment - Motion Before Trial
County XX Out of State
Terminated 6/30/2008
Origin 4
Reopened 10/23/2007
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flags CLOSED, ECF, RELATED
  Entries (35) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document 25 Filed: 6/30/2008, Entered: 7/1/2008 Clerks Judgment
CLERK'S JUDGMENT That for the reasons stated in the Court's Memorandum Decision and Order dated June 26, 2008, defendants motions to dismiss, filed in each of these three cases, are granted, and all three complaints are dismissed with prejudice (07 CV 3314 (GBD), 07 CV 4612 (GBD), and 07 CV 3623 (GBD)); accordingly, these actions are closed. (Signed by J. Michael McMahon, clerk on 6/30/08) (Attachments: # (1) notice of right to appeal)(ml)
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    Legal Document 24 Filed: 6/26/2008, Entered: 6/26/2008 Order on Motion to DismissCourt Filing
    MEMORANDUM DECISION AND ORDER: The defendant's motion's to dismiss, filed in each of these three case, are granted. All three complaints are dismissed with prejudice. The Wood v. Applied Research Associates, Inc., et al., 07-Cv-3314 (GBD); Reynolds V. Science Application Int'l, et al, 07-CV-4612 (GBD), and Haas v. Gutierrez, et al., 07-CV-2623(GBD) actions are hereby closed. (Signed by Judge George B. Daniels on 6/26/2008) (jfe)
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      Blank -- Filed: 6/26/2008, Entered: 6/26/2008 Transmission to Judgments and Orders Clerk
      Transmission to Judgments and Orders Clerk. Transmitted re: [24] Order on Motion to Dismiss, to the Judgments and Orders Clerk. (jfe)
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        Legal Document 23 Filed: 1/29/2008, Entered: 1/29/2008 Stipulation and Order of DismissalCourt Filing
        STIPULATION AND ORDER Dismissing Acton Against Silverstein Properties, Inc.; that this action is dismissed with prejudice pursuant to Rule 41(a) of the Federal Rules of Civil Procedure as to defendants Silverstein Properties, Inc. (Signed by Judge George B. Daniels on 1/29/08) (pl)
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          Legal Document 22 Filed: 1/3/2008, Entered: 1/3/2008 Certificate of Service Other
          CERTIFICATE OF SERVICE of Reply Memorandum in Support of Motion to Dismiss; Memorandum in Opposition to Motion to Amend Complaint served on SAIC, Silverstein Properties on Jan 3, 2008. Service was made by e-mail. Document filed by Carlos M. Gutierrez, William A. Jeffrey, Shyam Sunder, Theresa McAllister, Catherine Fletcher. (Torrance, Benjamin)
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            Legal Document 21 Filed: 1/3/2008, Entered: 1/3/2008 Memorandum of Law in Opposition to Motion
            MEMORANDUM OF LAW in Opposition re: [19] FIRST MOTION for Leave to File 2nd Amended Complaint.. Document filed by Carlos M. Gutierrez, William A. Jeffrey, Shyam Sunder, Theresa McAllister, Catherine Fletcher. (Torrance, Benjamin)
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              Legal Document 20 Filed: 1/3/2008, Entered: 1/3/2008 Reply Memorandum of Law in Support of Motion
              REPLY MEMORANDUM OF LAW in Support re: [13] MOTION to Dismiss.. Document filed by Carlos M. Gutierrez, William A. Jeffrey, Shyam Sunder, Theresa McAllister, Catherine Fletcher. (Torrance, Benjamin)
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                Legal Document 19 Filed: 12/18/2007, Entered: 12/18/2007, Terminated: 6/26/2008 Motion for Leave to File Document
                FIRST MOTION for Leave to File 2nd Amended Complaint. Document filed by Edward F. Haas. Return Date set for 1/8/2008 at 10:00 AM.(Leaphart, Jerry)
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                  Legal Document 18 Filed: 12/18/2007, Entered: 12/18/2007 Memorandum of Law in Opposition to Motion
                  MEMORANDUM OF LAW in Opposition re: [13] MOTION to Dismiss.. Document filed by Edward F. Haas. (Attachments: # (1) Exhibit AtoGpart1, # (2) Affidavit, # (3) Exhibit Dpart2toExhibitAtoG)(Leaphart, Jerry)
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                  Legal Document 17 Filed: 10/31/2007, Entered: 10/31/2007 Endorsed LetterCourt Filing
                  ENDORSED LETTER addressed to Judge George B. Daniels from Jerry Leaphart dated 10/29/07 re: Request by plaintiff for an extension of time to respond to defendants' Motion to Dismiss up to and including 12/18/07. ENDORSEMENT: So ordered. Set Deadlines/Hearing as to[13] MOTION to Dismiss Response due by 12/18/2007 (Signed by Judge George B. Daniels on 10/31/07) (cd)
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                    Legal Document 16 Filed: 10/29/2007, Entered: 10/29/2007 Certificate of Service Other
                    CERTIFICATE OF SERVICE of Motion, Memo of Law, Declaration served on Silverstein Properties, Science Applications International Corp. on Oct. 29, 2007. Service was made by e-mail. Document filed by Carlos M. Gutierrez, William A. Jeffrey, Shyam Sunder, Theresa McAllister, Catherine Fletcher. (Torrance, Benjamin)
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                      Legal Document 15 Filed: 10/26/2007, Entered: 10/26/2007 Memorandum of Law in Support of Motion
                      MEMORANDUM OF LAW in Support re: [13] MOTION to Dismiss.. Document filed by Carlos M. Gutierrez, William A. Jeffrey, Shyam Sunder, Theresa McAllister, Catherine Fletcher. (Torrance, Benjamin)
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                        Legal Document 14 Filed: 10/26/2007, Entered: 10/26/2007 Declaration in Support of Motion
                        DECLARATION of Melissa J. Lieberman in Support re: [13] MOTION to Dismiss.. Document filed by Carlos M. Gutierrez, William A. Jeffrey, Shyam Sunder, Theresa McAllister, Catherine Fletcher. (Attachments: # (1) Exhibit Letter dated Aug. 22, 2007)(Torrance, Benjamin)
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                        Legal Document 13 Filed: 10/26/2007, Entered: 10/26/2007, Terminated: 6/26/2008 Motion to Dismiss
                        MOTION to Dismiss. Document filed by Carlos M. Gutierrez, William A. Jeffrey, Shyam Sunder, Theresa McAllister, Catherine Fletcher.Responses due by 11/14/2007(Torrance, Benjamin)
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                          Legal Document 12 Filed: 10/23/2007, Entered: 10/23/2007 Stipulation and Order of DismissalCourt Filing
                          STIPULATION AND ORDER OF DISMISSAL WITHOUT PREJUDICE that the action is dismised pursuant to FRCP 41(a)(1) without prejudice, as to deffendant Applied Reseach Associates, Inc., with each side to pay their own costs and attorney fees. (Signed by Judge George B. Daniels on 10/22/07) (cd).
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                            Legal Document 11 Filed: 10/9/2007, Entered: 10/9/2007 Order of DismissalCourt Filing
                            ORDER FOR DISMISSAL WITHOUT PREJUDICE that all claims against defendants Applied Research are dismissed without prejudice according to the terms and conditions of said Stipulation for Dismissal Without Prejudice, all parties to bear their own costs and attorneys fees. (Signed by Judge George B. Daniels on 9/9/07) (cd)
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                              Blank -- Filed: 9/20/2007, Entered: 9/20/2007 Note to Attorney to Re-File Document - Non-ECF Doc
                              ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Jerry Vincent Leaphart to E-MAIL pdf copy to orders_and_judgments@nysd.uscourts.gov Document No. [10] Order for Dismissal without prejudice. This document is not filed via ECF. (KA)
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                                Blank -- Filed: 9/20/2007, Entered: 9/20/2007 Note to Attorney to Re-File Document - Non-ECF Doc
                                ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Jerry Vincent Leaphart to E-MAIL pdf copy to orders_and_judgments@nysd.uscourts.gov Document No. [9] Stipulation of Dismissal. This document is not filed via ECF. (KA)
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                                  Legal Document 10 Filed: 9/19/2007, Entered: 9/19/2007, Terminated: 9/19/2007 Motion to Dismiss
                                  FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION to Dismiss (Order of Dismissal re Party -- ARA). Document filed by Edward F. Haas.(Leaphart, Jerry) Modified on 9/20/2007 (KA).
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                                    Legal Document 9 Filed: 9/19/2007, Entered: 9/19/2007, Terminated: 9/19/2007 Motion to Dismiss
                                    FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION to Dismiss (Stipulation of Dismissal of a Party Defendant--ARA). Document filed by Edward F. Haas.(Leaphart, Jerry) Modified on 9/20/2007 (KA).
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                                      Blank -- Filed: 8/30/2007, Entered: 8/30/2007 Mail Notice to Attorney(s)
                                      Mailed notice to the attorney(s) of record. (laq)
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                                        Legal Document 8 Filed: 8/28/2007, Entered: 8/30/2007 Notice of Case Assignment/ReassignmentCourt Filing
                                        NOTICE OF CASE REASSIGNMENT to Judge George B. Daniels. Judge Victor Marrero is no longer assigned to the case. (laq)
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                                          Blank -- Filed: 8/28/2007, Entered: 8/30/2007 Case Accepted as Related
                                          CASE ACCEPTED AS RELATED. Notice of Assignment to follow. (laq)
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                                            Blank -- Filed: 8/14/2007, Entered: 8/14/2007 Transmission to Attorney Admissions Clerk
                                            Transmission to Attorney Admissions Clerk. Transmitted re: [7] Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (kco)
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                                              Legal Document 7 Filed: 8/13/2007, Entered: 8/14/2007 Order on Motion to Appear Pro Hac ViceCourt Filing
                                              ORDER granting [5] Motion for William David Byassee to Appear Pro Hac Vice. (Signed by Judge Victor Marrero on 8/13/07) (kco)
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                                                Blank -- Filed: 8/9/2007, Entered: 8/9/2007 Cashiers Remark
                                                CASHIERS OFFICE REMARK on [5] Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 08/01/2007, Receipt Number 622655. (jd)
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                                                  Legal Document 6 Filed: 8/7/2007, Entered: 8/8/2007 Endorsed LetterCourt Filing
                                                  ENDORSED LETTER addressed to Judge Victor Marrero from Dina R. Jansenson dated 8/3/07 re: Counsel for Silverstein Properties, Inc. writes in regards to their client having received, via mail, a First Amended Complaint, dated 5/9/07. Silverstein was never served with any summons (or with the original complaint) in this matter. Accordingly, there has been no proper service of process upon Silverstein in this action. ENDORSEMENT: Plaintiff is directed to respond by 8/10/07 to the matter raised above by defendant Silverstein Properties, Inc.. (Signed by Judge Victor Marrero on 8/7/07) (ae)
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                                                    Legal Document 5 Filed: 8/1/2007, Entered: 8/8/2007, Terminated: 8/13/2007 motion to appear pro hac vice
                                                    MOTION for William David Byassee to Appear Pro Hac Vice. Document filed by Applied Research Associates, Inc.(jco)
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                                                      Legal Document 4 Filed: 7/23/2007, Entered: 7/23/2007 ~Notice (other)
                                                      NOTICE of Certificate of Mailing. Document filed by Edward F. Haas. (Leaphart, Jerry)
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                                                        Legal Document 3 Filed: 7/17/2007, Entered: 7/18/2007 OrderCourt Filing
                                                        ORDER that plaintiffs are directed to advise the Court by July 25, 2007 of its contemplation with regard to further prosecution of this action, or to complete service of process on defendant by such date, or show cause why such service has not been made to date and cannot be completed by the date indicated. In the event no timely response to this Order is submitted the Court may dismiss the complaint pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. SO ORDERED (Signed by Judge Frank Maas on 7/17/2007) (jmi)
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                                                          Legal Document 2 Filed: 5/10/2007, Entered: 5/14/2007 Amended Complaint
                                                          AMENDED COMPLAINT amending [1] Complaint, against Science Applications International Corp., Silverstein Properties, John Doe I-V, Carlos M. Gutierrez, William A. Jeffrey, Shyam Sunder, Theresa McAllister, Catherine Fletcher, Applied Research Associates, Inc.Document filed by Edward F. Haas. Related document: [1] Complaint, filed by Edward F. Haas.(jco) Additional attachment(s) added on 8/16/2007 (Correa, Julie).
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                                                            Legal Document 1 Filed: 5/7/2007, Entered: 5/8/2007 Complaint
                                                            COMPLAINT against Science Applications International Corp., Silverstein Properties, John Doe I-V, Carlos M. Gutierrez, William A. Jeffrey, Shyam Sunder, Theresa McAllister, Catherine Fletcher, Applied Research Associates, Inc.. (Receipt #: 606356, Filing Fee $ 350.00.)Document filed by Edward F. Haas.(tro) Additional attachment(s) added on 5/8/2007 (Aquino, Lourdes).
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                                                              Blank -- Filed: 5/7/2007, Entered: 5/8/2007 Case Designated ECF.
                                                              Case Designated ECF. (tro)
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                                                                Blank -- Filed: 5/7/2007, Entered: 5/8/2007 Case Designation
                                                                Magistrate Judge Andrew J. Peck is so designated. (tro)
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                                                                  Blank -- Filed: 5/7/2007, Entered: 5/8/2007 Summons Issued as to USA
                                                                  SUMMONS ISSUED as to Science Applications International Corp., Silverstein Properties, John Doe I-V, Carlos M. Gutierrez, William A. Jeffrey, Shyam Sunder, Theresa McAllister, Catherine Fletcher, Applied Research Associates, Inc., U.S. Attorney and U.S. Attorney General. (tro)
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