Burke v. Acosta et al

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42	Filed: 8/27/2008, Entered: 8/27/2008	Order on Motion to Dismiss/Lack of Jurisdiction
	ORDER: Defendant's motion to dismiss are granted. Plaintiff's motion for default is denied. Plaintiff's "Omnibus Motions" and all other pending motions are denied. (Signed by Judge P. Kevin Castel on 8/25/2008) (jfe)
41	Filed: 4/11/2008, Entered: 4/11/2008	Order on Motion for Default Judgment
	MEMO ENDORSEMENT on [25] Motion for Default Judgment and Reconsideration. ENDORSEMENT: Motion denied. SO ORDERED. (Signed by Judge P. Kevin Castel on 4/11/2008) (jpo)
40	Filed: 4/8/2008, Entered: 4/9/2008	Order on Motion for Miscellaneous Relief
	MEMO-ENDORSEMENT re: denying [35] Motion for Injunctive Relief. ENDORSEMENT: That plaintiff has not shown a likelihood of success on the merits nor serious question going to the merits and a balance of the tipping decidedly in his favor. The relief plaintiff seeks is at direct variance with the terms of the Plans. See Chin Decl. at section 6,19, 21. Motion denied.. (Signed by Judge P. Kevin Castel on 4/8/08) (pl)
39	Filed: 4/4/2008, Entered: 4/7/2008	Reply
	INJUNCTIVE RELIEF REPLY re: [38] Memorandum of Law in Opposition to Motion. Document filed by Brian Burke. (jmi)
38	Filed: 3/25/2008, Entered: 3/26/2008	Memorandum of Law in Opposition to Motion
	MEMORANDUM OF LAW in Opposition re: [35] MOTION Injunctive Relief.. Document filed by Fascore/Great West. (dle)
37	Filed: 3/24/2008, Entered: 3/25/2008	Declaration in Opposition to Motion
	DECLARATION of Ching Wah Chin in Opposition re: [35] MOTION Injunctive Relief. Document filed by MTA/NYC Transit Authority. (dle)
36	Filed: 3/24/2008, Entered: 3/25/2008	Response in Opposition to Motion
	Opposition re: [35] MOTION Injunctive Relief. Document filed by MTA/NYC Transit Authority. (dle)
35	Filed: 3/10/2008, Entered: 3/12/2008	Motion for Miscellaneous Relief
	NOTICE OF MOTION FOR INJUNCTIVE RELIEF: Plaintiff will move on March 20, 2008, before the Honorable Magistrate Judge Douglas F. Eaton, for an order granting injunctive relief in favor of Plaintiff. Document filed by Brian Burke. Return Date set for 3/20/2008 (jpo)
34	Filed: 2/8/2008, Entered: 2/20/2008	Reply to Response to Motion
	REPLY to Response to Motion re: [11] MOTION to Dismiss for Lack of Jurisdiction. Document filed by Solomon Acosta, MTA/NYC Transit Authority. (djc)
33	Filed: 2/8/2008, Entered: 2/13/2008	Memorandum of Law
	MEMORANDUM OF LAW in Reply to Plaintiff's Opposition (opposition and Omnibus Motion) to Defendants' Motion to Dismiss. Document filed by Solomon Acosta, Fascore/Great West, MTA/NYC Transit Authority. (djc)
32	Filed: 2/8/2008, Entered: 2/11/2008	Reply
	REPLY to Opposition Memorandum of Law & Affirmation. Document filed by Brian Burke. (djc)
29	Filed: 2/4/2008, Entered: 2/5/2008	Memorandum of Law in Opposition
	MEMORANDUM OF LAW in Opposition to Notice of Motion for Reconsideration of Denial of Default Judgment/Motion for Default Judgment. Document filed by Fascore/Great West. (djc)
28	Filed: 2/4/2008, Entered: 2/5/2008	Declaration in Support
	DECLARATION of Virginia T. Shea in Support of The Fascore Defendants' Opposition to Plaintiff's Motion for Reconsideration/Default Judgment. Document filed by Fascore/Great West. (djc)
31	Filed: 2/1/2008, Entered: 2/5/2008	Memorandum of Law in Opposition to Motion
	MEMORANDUM OF LAW in Opposition re: [25] MOTION for Default Judgment MOTION for Reconsideration. Document filed by MTA/NYC Transit Authority. (djc)
30	Filed: 2/1/2008, Entered: 2/5/2008	Declaration in Opposition to Motion
	DECLARATION of ching wah chin in Opposition re: [25] MOTION for Default Judgment as to. MOTION for Reconsideration. Document filed by MTA/NYC Transit Authority. (djc)
27	Filed: 1/28/2008, Entered: 1/31/2008	Motion for Miscellaneous Relief
	(Opposition and Omnibus Motion) MOTION for an order purs to FRCP 5.1, 7, 11, 15 and Title 18, Part I, Chapter 79 Section 1621 for an order in favor of Plaintiff, denying Defendants motion to Dismiss with prejudice; and/or MOTION striking purs to FRCP 12 and 56 as aplied as unconstitutional under Amendment Seven. Attached is Memorandum of Law and Affirmation. Document filed by Brian Burke.(djc) Modified on 1/31/2008 (djc). Modified on 2/5/2008 (djc).
26	Filed: 1/23/2008, Entered: 1/28/2008	Letter
	LETTER addressed to Judge P. Kevin Castel from Michael J. Zaretsky dated 12/26/2007 re: requesting an extension of time for our clients to answer or file a responsive pleading to the Amended Complaint and to request a pre-motion conference. Document filed by Fascore/Great West.(jar)
25	Filed: 1/22/2008, Entered: 1/25/2008	Motion for Default Judgment
	MOTION for Default Judgment as to defendants pursuant to FRCP 55, 12, 7 and Local Civil Rule 5.3, 6.3, 11.1 and Individual Practices for Honorable Judges Castel and Eaton 1(E). MOTION for Reconsideration reversing Orders. Document filed by Brian Burke.(ae)
24	Filed: 1/17/2008, Entered: 1/24/2008	Letter
	LETTER addressed to Judge P. Kevin Castel from Brian Burke dated 1/10/08 re: Plaintiff believes it is in the best interest of all parties not to unduly burden the Court and will request by stipulation FRCP 73 & 28, U.S.C. section 636 jurisdiction. Document filed by Brian Burke.(djc)
20	Filed: 1/17/2008, Entered: 1/23/2008	Affidavit
	AFFIDAVIT for Judgment by Default. Document filed by Brian Burke. (djc)
23	Filed: 1/15/2008, Entered: 1/24/2008	Memorandum of Law in Support of Motion
	MEMORANDUM OF LAW in Support re: [21] MOTION to Dismiss. MOTION to Dismiss for Lack of Jurisdiction. Document filed by Fascore/Great West. (cd)
22	Filed: 1/15/2008, Entered: 1/24/2008	Declaration in Support of Motion
	DECLARATION of Micahel Zaretsky in Support re: [21] MOTION to Dismiss. MOTION to Dismiss for Lack of Jurisdiction. Document filed by Fascore/Great West. (cd)
21	Filed: 1/15/2008, Entered: 1/24/2008	Motion to Dismiss
	MOTION to Dismiss the complaint. MOTION to Dismiss the complaint for Lack of Jurisdiction. Document filed by Fascore/Great West.(cd)
15	Filed: 1/15/2008, Entered: 1/15/2008	Memo Endorsement
	MEMO ENDORSEMENT on DEFAULT JUDGMENT. ENDORSEMENT: Application for Default Judgment against certain defendants is DENIED. See said letter of January 9, 2008. (Signed by Judge P. Kevin Castel on 1/15/08) (tro)
14	Filed: 1/15/2008, Entered: 1/15/2008	Declaration in Support of Motion
	DECLARATION of Chin Exhibit C Transcript Part 1 in Support re: [11] MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Solomon Acosta, MTA/NYC Transit Authority. (Attachments: # (1) Exhibit Exhibit C Transcript Part 2)(Chin, Ching Wah)
13	Filed: 1/14/2008, Entered: 1/14/2008	Declaration in Support of Motion
	DECLARATION of Chin in Support re: [11] MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Solomon Acosta, MTA/NYC Transit Authority. (Attachments: # (1) Exhibit 457 Pension Plan Document, # (2) Exhibit Notice of Claim)(Chin, Ching Wah)
12	Filed: 1/14/2008, Entered: 1/14/2008	Memorandum of Law in Support of Motion
	MEMORANDUM OF LAW in Support re: [11] MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Solomon Acosta, MTA/NYC Transit Authority. (Chin, Ching Wah)
11	Filed: 1/14/2008, Entered: 1/14/2008, Terminated: 8/27/2008	Motion to Dismiss
	MOTION to Dismiss for Lack of Jurisdiction. Document filed by Solomon Acosta, MTA/NYC Transit Authority. Responses due by 1/28/2008(Chin, Ching Wah)
10	Filed: 1/10/2008, Entered: 1/10/2008	Endorsed Letter
	ENDORSED LETTER addressed to Judge P. Kevin Castel from Michael Zaretsky dated 12/26/07 re: Request for a pre-motion conference re motion to dismiss. ENDORSEMENT: Premotion conference waived. File motion by 1/14. Response due 1/28 and reply if any, by 2/8. ( Motion due by 1/14/2008. Response due by 1/28/2008. Reply to Response to Brief due by 2/8/2008.) (Signed by Judge P. Kevin Castel on 1/9/08) (cd)
--	Filed: 1/10/2008, Entered: 1/10/2008	Note to Attorney to Re-File Document - Non-ECF Cas
	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Michael Jay Zaretsky to MANUALLY RE-FILE Document Motion for extension of time(LETTER), Document No. 6. This case is not ECF. (KA)
8	Filed: 12/26/2007, Entered: 1/2/2008	Endorsed Letter
	ENDORSED LETTER addressed to Judge P. Kevin Castel from Ching Wah Chin dated 12/23/07 re: MTA requests a pre-motion conference for a motion to dismiss in this action. ENDORSEMENT: Premotion conference is waived. Defendant MTA may file its motion to dismiss by 1/14/08. Plaintiff may respond by 1/28/08 and defendant may reply by 2/8/08. ( Motions due by 1/14/2008. Responses due by 1/28/2008. Replies due by 2/8/2008.) (Signed by Judge P. Kevin Castel on 12/26/07) "Copies Mailed By Chambers".(ae)
7	Filed: 12/26/2007, Entered: 1/2/2008	Endorsed Letter
	ENDORSED LETTER addressed to Judge P. Kevin Castel from Ching Wah Chin dated 12/21/07 re: MTA asks the Court to accept this request for a Pre-Motion Conference for a Motion to Dismiss this action. ENDORSEMENT: The letter was received at 4:52 p.m. on the eve of a four day holiday. The letter is woefully inadequate. Please explain how under Rule 8 notice pleads the complaint is inadequate. I will then decide whether to schedule a premotion conference. All other requests should be addressed to Judge Eaton. (Signed by Judge P. Kevin Castel on 12/21/07) "Copies Mailed By Chambers".(ae)
6	Filed: 12/26/2007, Entered: 12/26/2007, Terminated: 12/26/2007	Motion for Extension of Time to File Answer
	FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - MOTION for Extension of Time to File Answer (Letter to Honorable P. Kevin Castel Requesting Extension of Time to File Answer). Document filed by Great West.(Zaretsky, Michael) Modified on 1/10/2008 (KA).
19	Filed: 12/21/2007, Entered: 1/18/2008	Affidavit of Service Complaints
	AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Service was accepted by Anncutler, MTA/NYC. Document filed by Brian Burke. (djc)
18	Filed: 12/21/2007, Entered: 1/18/2008	Summons Returned Executed
	SUMMONS RETURNED EXECUTED Summons and Amended Complaint served. Service was accepted by Carol Schmitz, Paralegal. Document filed by Brian Burke. (djc)
17	Filed: 12/21/2007, Entered: 1/18/2008	Summons Returned Executed
	SUMMONS RETURNED EXECUTED Summons and Amended Complaint served. Service was accepted by Victoria Clement, Officer Mgr. Document filed by Brian Burke. (djc)
16	Filed: 12/21/2007, Entered: 1/18/2008	Affidavit of Service Complaints
	AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Solomon Acosta served on 12/10/2007, answer due 12/30/2007. Service was accepted by Ann Cutler MTA/NYC Employee. Also mailed copy of same to defendant on December 12, 2007. Document filed by Brian Burke. (djc)
9	Filed: 12/21/2007, Entered: 1/10/2008	Summons Returned Executed
	SUMMONS RETURNED EXECUTED Summons and Amended Complaint served. Fascore/Great West served on 12/5/2007, answer due 12/25/2007. Service was accepted by Carol Schmitz, the Paralegal of Fascore/Greatwest. Document filed by Brian Burke. (rw)
--	Filed: 12/21/2007, Entered: 1/10/2008	Summons Returned Executed
	SUMMONS RETURNED EXECUTED Summons and Amended Complaint served. MTA/NYC Transit Authority served on 12/3/2007, answer due 12/23/2007. Service was accepted by Victoria Clement, Office Manager. Document filed by Brian Burke. (rw)
5	Filed: 12/5/2007, Entered: 12/6/2007	Order
	ORDER that District Judge P. Kevin Castel has referred this case to me to conduct general pretrial supervision. This means that I will rule on pretrial scheduling and discovery, but any dispositive motions must be addressed to Judge Castel. By order dated 11/16/07, Judge Castel warned plaintiff that he must complete all action needed for formal service of the summons and amended complaint upon each defendant within 120 days after the filing of the initial complaint, i.e. by 3/17/08. As soon as any defendant has been served, plaintiff must write to me within 14 days to tell me which defendant has been served. As soon as plaintiff learns the name and address of any attorney who will represent any of the defendants, then plaintiff must call my Courtroom Deputy to schedule an Initial Case Management conference. (Signed by Magistrate Judge Douglas F. Eaton on 12/4/07) Copies mailed by chambers.(dle)
4	Filed: 11/21/2007, Entered: 11/26/2007	Amended Complaint
	AMENDED COMPLAINT amending [1] Complaint against Solomon Acosta & Fascore.Document filed by Brian Burke. Related document: [1] Complaint filed by Brian Burke.(cd)
3	Filed: 11/20/2007, Entered: 11/26/2007	Order Referring Case to Magistrate Judge
	ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General pretrial (including scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Magistrate Judge Douglas F. Eaton. (Signed by Judge P. Kevin Castel on 11/16/2007) Copies mailed by chambers. (jar)
2	Filed: 11/19/2007, Entered: 11/20/2007	Order
	ORDER Plaintiff, who is proceeding without a lawyer, is invited to contact the Pro Se Clerks Office located in Room 230, U.S. 500 Pearl Street, New York, NY 10007. The Pro Se Clerks Office has useful information for self-represented parties. This Order is notice to plaintiff that if service is not made within 120 day period and that period has not been extended upon a written request by plaintiff, then the lawsuit will be dismissed as to the party or parties not served. Dismissal means that the lawsuit will be over and the plaintiff will recover nothing. A plaintiff, who is relying upon service of process by the United States Marshal, has a duty to provide information sufficient to identify and locate each defendant. Further, a plaintiff who has not received confirmation from the Unites States Marshal that service has been made, has a duty to inquire further, for example, by checking the dockets sheet and taking steps to ensure that timely service is made. SO ORDERED. (Signed by Judge P. Kevin Castel on 11/16/2007) Copies Mailed By Chambers.(jmi) Modified on 12/3/2007 (jmi).
1	Filed: 11/9/2007, Entered: 11/14/2007	Complaint
	COMPLAINT against Solomon Acosta, Fascore/Great West, MTA/NYC Transit Authority. (Filing Fee $ 350.00, Receipt Number 632347)Document filed by Brian Burke.(mbe) Modified on 1/9/2008 (mbe).
--	Filed: 11/9/2007, Entered: 11/14/2007	Case Designation
	Magistrate Judge Douglas F. Eaton is so designated. (mbe)
--	Filed: 11/9/2007, Entered: 11/14/2007	Summons Issued
	SUMMONS ISSUED as to Solomon Acosta, Fascore/Great West, MTA/NYC Transit Authority. (mbe) Modified on 1/9/2008 (mbe).

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