ORDER denying defendants' 139 motion for expert fees and expenses for the reasons stated in the attached order. Ordered by Judge John Gleeson on 9/27/2013. (Merle, Natasha)
Minute Entry for proceedings held before Judge John Gleeson:Jury Trial completed on 5/13/2013. Charge conference held at 9:00. Juror #8 is excused for lateness. Pltff summation; Dft's summation; Pltff rebuttal; Jurors charged. Jurors begin deliberation. Jurors reach a verdict for the dfts. Jury polled. Trial ended. Jurors were excused with the thanks for the court. (Court Reporter Mary Agnes Drury, Fred Guerino.) (Piper, Francine) (Entered: 05/14/2013)
MOTION for Judgment as a Matter of Law and asking that Defendants be heard on their Rule 50 motion before the case is submitted to the jury by Henry Caban, Vivian Campbell, Gricelda Cespedes, New York City Transit Authority, Brenda Sidberry, David Sierra. Responses due by 5/13/2013 (Curley, John) (Entered: 05/10/2013)
REPLY in Support of Defendants' Argument That There Can Be No Individual Liability under the NTSSA, which was handed up to the Court with copies to Plaintiff's counsel on May 8, 2013 filed by Phyllis Booker, Henry Caban, Vivian Campbell, Gricelda Cespedes, Demetrius Crichlow, New York City Transit Authority, Brenda Sidberry, David Sierra. (Curley, John) (Entered: 05/10/2013)
Minute Entry for proceedings held before Judge John Gleeson:Jury Trial held on 5/9/2013. Dft rests, Trial resumes. ( Jury Trial set for 5/13/2013 09:30 AM in Courtroom 6C South before Judge John Gleeson.) (Court Reporter Marsha Diamond, Allan Sherman, Ronald Tolkin.) (Piper, Francine) (Entered: 05/10/2013)
Minute Entry for proceedings held before Judge John Gleeson:Jury Trial held on 5/8/2013. Pltff rests. Trial resumes. ( Jury Trial set for 5/9/2013 09:30 AM in Courtroom 6C South before Judge John Gleeson.) (Court Reporter Marsha Diamond, Allan Sherman, Ronald Tolkin.) (Piper, Francine) (Entered: 05/09/2013)
Minute Entry for proceedings held before Judge John Gleeson:Jury Trial held on 5/7/2013. Trial resumed. ( Jury Trial set for 5/8/2013 09:30 AM in Courtroom 6C South before Judge John Gleeson.) (Court Reporter Marsha Diamond, Allan Sherman, Ronald Tolkin.) (Piper, Francine) (Entered: 05/08/2013)
Minute Entry for proceedings held before Judge John Gleeson:Voir Dire held on 5/6/2013, Jury Selection held on 5/6/2013, Jury Trial held on 5/6/2013. Dft opens. Pltff opens. Trial begins. ( Jury Trial set for 5/7/2013 09:30 AM in Courtroom 6C South before Judge John Gleeson.) (Court Reporter Marsha Diamond, Allan Sherman, Ronald Tolkin.) (Piper, Francine) (Entered: 05/07/2013)
TRIAL BRIEF ("Plaintiff's Response to Defendants' Trial Memorandum Regarding Individual Liability Under NTSSA") by Peter T. Nichik (Atkinson, Stefan) (Entered: 05/03/2013)
Proposed Jury Instructions by Phyllis Booker, Henry Caban, Vivian Campbell, Gricelda Cespedes, Demetrius Crichlow, New York City Transit Authority, Javier Rocha, Brenda Sidberry, David Sierra, Proposed Voir Dire by Phyllis Booker, Henry Caban, Vivian Campbell, Gricelda Cespedes, Demetrius Crichlow, New York City Transit Authority, Javier Rocha, Brenda Sidberry, David Sierra (Attachments: # 1 Proposed Voir Dire, # 2 Proposed Requests to Charge, # 3 Proposed Verdict Form, # 4 Memorandum re: No Individual Liability under the NTSSA) (Curley, John) (Entered: 05/02/2013)
MOTION for Leave to Electronically File Document under Seal by Peter T. Nichik. (Attachments: # 1 Reply Memorandum of Law in Further Support of Plaintiff's Omnibus Motion in Limine, # 2 Declaration of David Litterine-Kaufman in Further Support of Plaintiff's Omnibus Motion in Limine, # 3 Exhibit A to Litterine-Kaufman Declaration, # 4 Exhibit B to Litterine-Kaufman Declaration, # 5 Exhibit C to Litterine-Kaufman Declaration, # 6 Proposed Trial Exhibit 85 to Litterine-Kaufman Declaration, # 7 Proposed Trial Exhibit 105 to Litterine-Kaufman Declaration, # 8 Proposed Trial Exhibit 135 to Litterine-Kaufman Declaration, # 9 Proposed Trial Exhibit 270 to Litterine-Kaufman Declaration, # 10 Proposed Trial Exhibit 294 to Litterine-Kaufman Declaration, # 11 Proposed Trial Exhibit 296 to Litterine-Kaufman Declaration, # 12 Proposed Trial Exhibit 331 to Litterine-Kaufman Declaration, # 13 Proposed Trial Exhibit 343 to Litterine-Kaufman Declaration, # 14 Proposed Trial Exhibit 345 to Litterine-Kaufman Declaration) (Litterine-Kaufman, David) (Entered: 04/12/2013)
MOTION for Leave to Electronically File Document under Seal Defendants' Reply in Further Support of Omnibus Motion in Limine and Motion re Defendant Caban by Phyllis Booker, Henry Caban, Vivian Campbell, Gricelda Cespedes, Demetrius Crichlow, New York City Transit Authority, Javier Rocha, Brenda Sidberry, David Sierra. (Attachments: # 1 Memorandum in Support Reply in Further Support of Defendants' Omnibus Motion in Limine and Motion Concerning Defendant Caban, # 2 Declaration Curley Confidential Reply Declaration in Further Support of Defendants' Omnibus Motion in Limine and Motion re Defendant Caban, # 3 Exhibit Confidential Ex. A) (Logue, Sarah) (Entered: 04/12/2013)
MOTION for Leave to Electronically File Document under Seal by Peter T. Nichik. (Attachments: # 1 Reply Memorandum of Law in Further Support of Plaintiff's Motion in Limine to Exclude the Testimony of Paul Nassar, M.D., # 2 Declaration of Charles A. Munn in Further Support of Plaintiff's Motion in Limine to Exclude the Testimony of Paul Nassar, M.D., # 3 Exhibit 1 to Munn Declaration) (Munn, Charles) (Entered: 04/12/2013)
MOTION for Leave to File Excess Pages for Reply Memorandum in Further Support of Defendants' Omnibus Motion in Limine by Phyllis Booker, Henry Caban, Vivian Campbell, Gricelda Cespedes, Demetrius Crichlow, New York City Transit Authority, Javier Rocha, Brenda Sidberry, David Sierra. (Curley, John) (Entered: 04/12/2013)
MOTION for Leave to Electronically File Document under Seal by Peter T. Nichik. (Attachments: # 1 Memorandum of Law in Opposition to Defendants' Omnibus Motion in Limine, # 2 Declaration of Charles A. Munn in Opposition to Defendants' Omnibus Motion in Limine, # 3 Exhibit A to Munn Declaration, # 4 Exhibit B to Munn Declaration, # 5 Proposed Trial Exhibit 73 to Munn Declaration, # 6 Proposed Trial Exhibit 89 to Munn Declaration, # 7 Proposed Trial Exhibit 230 to Munn Declaration, # 8 Proposed Trial Exhibit 345 to Munn Declaration, # 9 Proposed Trial Exhibit 386 to Munn Declaration) (Munn, Charles) (Entered: 04/11/2013)
MOTION for Leave to Electronically File Document under Seal memorandum in opposition to Plaintiff's omnibus motion in limine by Phyllis Booker, Henry Caban, Vivian Campbell, Gricelda Cespedes, Demetrius Crichlow, New York City Transit Authority, Javier Rocha, Brenda Sidberry, David Sierra. (Attachments: # 1 Memorandum in Opposition) (Logue, Sarah) (Entered: 04/10/2013)
AFFIDAVIT/DECLARATION in Opposition re 107 MOTION in Limine ("Notice of Omnibus Motion in Limine") Declaration in Opposition to Plaintiff's Omnibus Motion in Limine and exhibits thereto filed by Phyllis Booker, Henry Caban, Vivian Campbell, Gricelda Cespedes, Demetrius Crichlow, New York City Transit Authority, Javier Rocha, Brenda Sidberry, David Sierra. (Attachments: # 1 Exhibit A part 1 of 3, # 2 Exhibit A part 2 of 3, # 3 Exhibit A part 3 of 3, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I) (Curley, John) (Entered: 04/10/2013)
MOTION for Leave to Electronically File Document under Seal Defedants' Response in Opposition to Plaintiff's Motion to Exclude Testimony of Paul Nassar, M.D. by Phyllis Booker, Henry Caban, Vivian Campbell, Gricelda Cespedes, Demetrius Crichlow, New York City Transit Authority, Javier Rocha, Brenda Sidberry, David Sierra. (Attachments: # 1 Memorandum in Opposition, # 2 Declaration, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F) (Curley, John) (Entered: 04/10/2013)
MOTION for Leave to Electronically File Document under Seal by Peter T. Nichik. (Attachments: # 1 Memorandum of Law in Support of Plaintiff's Motion in Limine to Exclude the Testimony of Paul Nassar, M.D., # 2 Declaration of Stefan H. Atkinson in Support of Plaintiff's Motion in Limine to Exclude the Testimony of Paul Nassar, M.D., # 3 Exhibit 1 to Atkinson Declaration, # 4 Exhibit 2 to Atkinson Declaration, # 5 Exhibit 3 to Atkinson Declaration) (Atkinson, Stefan) (Entered: 04/04/2013)
MOTION in Limine ("Notice of Motion in Limine to Exclude the Testimony of Paul Nassar, M.D.") by Peter T. Nichik. (Atkinson, Stefan) (Entered: 04/04/2013)
MOTION for Leave to Electronically File Document under Seal by Peter T. Nichik. (Attachments: # 1 Memorandum of Law in Support of Plaintiff's Omnibus Motion in Limine, # 2 Declaration of Charles A. Munn in Support of Plaintiff's Omnibus Motion in Limine, # 3 Exhibit A to Munn Declaration, # 4 Exhibit B to Munn Declaration, # 5 Exhibit C to Munn Declaration, # 6 Proposed Trial Exhibit 3 to Munn Declaration, # 7 Proposed Trial Exhibit 11 to Munn Declaration, # 8 Proposed Trial Exhibit 14 to Munn Declaration, # 9 Proposed Trial Exhibit 39 to Munn Declaration, # 10 Proposed Trial Exhibit 41 to Munn Declaration, # 11 Proposed Trial Exhibit 44 to Munn Declaration, # 12 Proposed Trial Exhibit 48 to Munn Declaration, # 13 Proposed Trial Exhibit 59 to Munn Declaration, # 14 Proposed Trial Exhibit 140 to Munn Declaration, # 15 Proposed Trial Exhibit 153 to Munn Declaration, # 16 Proposed Trial Exhibit 225 to Munn Declaration, # 17 Proposed Trial Exhibit 257 to Munn Declaration, # 18 Proposed Trial Exhibit 270 to Munn Declaration, # 19 Proposed Trial Exhibit 368 to Munn Declaration) (Munn, Charles) (Entered: 04/04/2013)
CERTIFICATE OF SERVICE by Phyllis Booker, Henry Caban, Vivian Campbell, Gricelda Cespedes, Demetrius Crichlow, New York City Transit Authority, Javier Rocha, Brenda Sidberry, David Sierra of (1) Defendants' application to file certain materials under seal and (2) the materials that Defendants propose to file under seal (Curley, John) (Entered: 04/04/2013)
AFFIDAVIT/DECLARATION in Support re 103 MOTION in Limine to Exclude Certain Evidence and for a Ruling Concerning Defendant Henry Caban filed by Phyllis Booker, Henry Caban, Vivian Campbell, Gricelda Cespedes, Demetrius Crichlow, New York City Transit Authority, Javier Rocha, Brenda Sidberry, David Sierra. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C part 1 of 2, # 4 Exhibit C part 2 of 2, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I part 1 of 2, # 11 Exhibit I part 2 of 2, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22 Exhibit U, # 23 Exhibit V, # 24 Exhibit W, # 25 Exhibit X) (Curley, John) (Entered: 04/04/2013)
MOTION in Limine to Exclude Certain Evidence and for a Ruling Concerning Defendant Henry Caban by Phyllis Booker, Henry Caban, Vivian Campbell, Gricelda Cespedes, Demetrius Crichlow, New York City Transit Authority, Javier Rocha, Brenda Sidberry, David Sierra. (Curley, John) (Entered: 04/04/2013)
NOTICE of Appearance by John Patrick Curley on behalf of Phyllis Booker, Henry Caban, Vivian Campbell, Gricelda Cespedes, Demetrius Crichlow, New York City Transit Authority, Howard H. Roberts, Jr, Javier Rocha, Brenda Sidberry, David Sierra (aty to be noticed) (Curley, John) (Entered: 04/01/2013)
Minute Entry for proceedings held before Magistrate Judge Joan M. Azrack: Telephone Conference held on 3/26/2013. Pltff will inform defense counsel by 3/27/13 whether he intends to call Mr. Wishnick as an economic expert. If pltff decides not to call Mr. Wishnick, dfts will provide a revised report from Dr. Erath by 3/28/13. Dr. Erath's deposition will be rescheduled for next week. Dft's production of Dr. Erath's report on 3/22/13 was not untimely as no deadline had been set for production of the report. Moreover, pltff has not established that he was prejudiced by the production of the report or that he would be prejudiced by any revised report produced on 3/28/13. ( Telephone Conference set for 4/2/2013 01:30 PM in Courtroom 6C South before Magistrate Joan Azrack.) At this conference, plaintiff will inform the court whether he will retain a rebuttal psychiatric expert. The parties informed the court that their disputes regarding Dr. Warschauer are moot as plaintiff will not be calling Dr. Warchauer. (Piper, Francine) (Entered: 03/28/2013)
Letter re: Expert Discovery Deadlines by Phyllis Booker, Henry Caban, Vivian Campbell, Gricelda Cespedes, Demetrius Crichlow, New York City Transit Authority, Javier Rocha, Brenda Sidberry, David Sierra (Jenkins, Jared) (Entered: 03/25/2013)
MOTION for Leave to File by ECF amended documents with redactions by Phyllis Booker, Henry Caban, Vivian Campbell, Gricelda Cespedes, Demetrius Crichlow, New York City Transit Authority, Howard H. Roberts, Jr, Javier Rocha, Brenda Sidberry, David Sierra. (Logue, Sarah) (Entered: 03/06/2013)
Minute Entry for proceedings held before Judge John Gleeson:Status Conference held on 2/11/2013. Parties seek 30 day deferment of trial. Court will issue order later today regarding deferment. (Piper, Francine) (Entered: 02/12/2013)
Minute Entry for proceedings held before Judge John Gleeson: Pro Se Plaintiff Peter T. Nichik present. Defendants represented by Laura Hoguet, Esq. Status Conference held on 1/25/2013. The Court has appointed David R. Marriott, Esq. to represent Mr. Nichik in this case. The next Status Conference is scheduled on February 11, 2013 at 10:00 AM in courtroom 6C South before Judge John Gleeson. (Court Reporter Fred Guerino.) (Lee, Ilene) (Entered: 02/01/2013)
Minute Entry for proceedings held before Judge John Gleeson:Status Conference held on 1/11/2013. Plaintiff pro-se has not been able to obtain counsel. The Court will look to obtain counsel for plaintiff. Status Conference set for 1/25/2013 at 09:30 AM. Memo and Decision dated 1/11/2013 was filed today by the Court (motion) Copies were handed to parties in court. Final Pretrial Conference set for 4/12/2013 at 11:30 AM before Judge John Gleeson. Jury Trial set for 4/22/2013 at 09:30 AM in Courtroom 6C South before Judge John Gleeson. (Court Reporter Mary Agnes Drury) (Lee, Tiffeny) (Entered: 01/14/2013)
Minute Entry for proceedings held before Magistrate Judge Joan M. Azrack:Telephone Conference held on 12/19/2012. Pltff must provide versions of Dr. Vineberg's notes that were produce on 12/14/12. However, this ruling is stayed until the hearing before Judge Gleeson tomorrow as pltff's counsel has indicated that they plan an objecting to this ruling. Dfts waived any objection to pltff's redactions of earlier productions of Dr. Vineberg's notes by not raising this issue earlier. Dft's expert Dr. Nassar, shall produce typed copies of his notes as soon as possible. Pltff's request to alter the current deadlines for expert discovery will be addressed after Judge Gleeson rules on pltff's request to extend the deadline for in limine motions and pltff's counsel's application to withdraw. (Piper, Francine) (Entered: 12/20/2012)
Minute Entry for proceedings held before Magistrate Judge Joan M. Azrack:Telephone Conference held on 12/18/2012. Pltff to submit letter by noon on 12/19/12. Dft's shall not respond to pltff's letter. ( Telephone Conference set for 12/19/2012 02:00 PM in Courtroom 6E North before Magistrate Judge Joan M. Azrack.) (Piper, Francine) (Entered: 12/18/2012)
MOTION for Discovery by Phyllis Booker, Henry Caban, Vivian Campbell, Gricelda Cespedes, Demetrius Crichlow, New York City Transit Authority, Howard H. Roberts, Jr, Javier Rocha, Brenda Sidberry, David Sierra. (Logue, Sarah) (Entered: 12/18/2012)
Letter MOTION for Discovery (regarding expert disclosure schedule; on behalf of all parties) by Peter T. Nichik. (Borchetta, Jennifer) (Entered: 11/13/2012)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 07/19/2012, before Judge JOHN GLEESON. Court Reporter/Transcriber ALLAN R SHERMAN, Telephone number 718-613-2529. Email address: ASHER99983@AOL.COM. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/27/2012. Redacted Transcript Deadline set for 12/7/2012. Release of Transcript Restriction set for 2/4/2013. (Sherman, Allan) (Entered: 11/06/2012)
MOTION for Discovery (Objections to Magistrate's Order (Dock. No. 73)) by Peter T. Nichik. (Attachments: # 1 Declaration) (Borchetta, Jennifer) (Entered: 11/03/2012)
Letter MOTION to Continue (Adjourn Trial date scheduled for December 3) by Phyllis Booker, Henry Caban, Vivian Campbell, Gricelda Cespedes, Demetrius Crichlow, MTA Office of the Inspector General, New York City Transit Authority, Thomas F. Prendergast, Howard H. Roberts, Jr, Javier Rocha, Brenda Sidberry, David Sierra. (Piper, Francine) (Entered: 11/02/2012)
NOTICE of Appearance by Jared Ryan Jenkins on behalf of Phyllis Booker, Henry Caban, Vivian Campbell, Gricelda Cespedes, Demetrius Crichlow, New York City Transit Authority, Howard H. Roberts, Jr, Javier Rocha, Brenda Sidberry, David Sierra (aty to be noticed) (Jenkins, Jared) (Entered: 10/19/2012)
Minute Entry for proceedings held before Magistrate Judge Joan M. Azrack: Discovery Hearing held via telephone on 10/16/2012. Jennifer Borchetta, counsel for plaintiff, and Sarah Logue, counsel for defendants, participated. Rule 35 exam permitted. Defendant to schedule by 10/23/12. Defendant to designate and produce expert report within one week of exam. Plaintiff to designate expert within one week of receiving defense expert report and to produce expert report within one week of exam. Counsel to cooperate to schedule depositions. Economic expert to be designated by 10/23/12 and report by 11/6/12. (Manuel, Germaine) (Entered: 10/16/2012)
NOTICE of Appearance by Laura B. Hoguet on behalf of Phyllis Booker, Henry Caban, Vivian Campbell, Gricelda Cespedes, Demetrius Crichlow, New York City Transit Authority, Howard H. Roberts, Jr, Javier Rocha, Brenda Sidberry, David Sierra (aty to be noticed) (Hoguet, Laura) (Entered: 10/15/2012)
Minute Entry for proceedings held before Judge John Gleeson: Case called. Plaintiff represented by Jennifer R. Borchetta, Esq. and Cynthia Rollings, Esq. Defendants represented by Sarah K. Logue, Esq. and Laura Hoguet, Esq. Oral Argument held on 10/12/2012 re 56 MOTION for Summary Judgment filed by Henry Caban, Phyllis Booker, Javier Rocha, Vivian Campbell, Brenda Sidberry, New York City Transit Authority, Gricelda Cespedes, David Sierra, Howard H. Roberts, Jr., Demetrius Crichlow. The Court has deemed this case trial ready on some of the charges alleged. The parties are directed to complete their experts discovery before Magistrate Judge Azrack as soon as possible. The case will go to Jury Selection and Trial on December 3, 2012 at 9:30 AM in courtroom 6C South before Judge John Gleeson. All motions in limine are due by 11/19/12 and all Jury voire dire proposals and questions are due by 11/29/12. A Final Pre Trial Conference will be held on November 27, 2012 at 11:00 AM in courtroom 6C South before Judge John Gleeson. (Court Reporter Charleane Heading.) (Lee, Ilene) (Entered: 10/12/2012)
REPLY in Support re 56 MOTION for Summary Judgment memorandum of law filed by Phyllis Booker, Henry Caban, Vivian Campbell, Gricelda Cespedes, Demetrius Crichlow, New York City Transit Authority, Howard H. Roberts, Jr, Javier Rocha, Brenda Sidberry, David Sierra. (Logue, Sarah) (Entered: 09/28/2012)
AFFIDAVIT/DECLARATION in Support re 56 MOTION for Summary Judgment of Patrick Smith filed by Phyllis Booker, Henry Caban, Vivian Campbell, Gricelda Cespedes, Demetrius Crichlow, New York City Transit Authority, Howard H. Roberts, Jr, Javier Rocha, Brenda Sidberry, David Sierra. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Logue, Sarah) (Entered: 09/28/2012)
Letter MOTION for Leave to File Excess Pages for reply memorandum in support of summary judgment by Phyllis Booker, Henry Caban, Vivian Campbell, Gricelda Cespedes, Demetrius Crichlow, New York City Transit Authority, Howard H. Roberts, Jr, Javier Rocha, Brenda Sidberry, David Sierra. (Logue, Sarah) (Entered: 09/19/2012)
AFFIDAVIT/DECLARATION in Opposition re 56 MOTION for Summary Judgment (additional exhibit (Nichik Depostion) annexed to the Borchetta Declaration) filed by Peter T. Nichik. (Borchetta, Jennifer) (Entered: 09/13/2012)
RULE 56.1 STATEMENT re 56 MOTION for Summary Judgment (Plaintiff's Statement in Opposition) filed by Peter T. Nichik. (Borchetta, Jennifer) (Entered: 09/12/2012)
AFFIDAVIT/DECLARATION in Opposition re 56 MOTION for Summary Judgment Declaration of Peter T Nichik filed by Peter T. Nichik. (Borchetta, Jennifer) (Entered: 09/12/2012)
MEMORANDUM in Support re 56 MOTION for Summary Judgment filed by Phyllis Booker, Henry Caban, Vivian Campbell, Gricelda Cespedes, Demetrius Crichlow, New York City Transit Authority, Howard H. Roberts, Jr, Javier Rocha, Brenda Sidberry, David Sierra. (Logue, Sarah) (Entered: 08/16/2012)
RULE 56.1 STATEMENT re 56 MOTION for Summary Judgment filed by Phyllis Booker, Henry Caban, Vivian Campbell, Gricelda Cespedes, Demetrius Crichlow, New York City Transit Authority, Howard H. Roberts, Jr, Javier Rocha, Brenda Sidberry, David Sierra. (Logue, Sarah) (Entered: 08/16/2012)
DECLARATION re 56 MOTION for Summary Judgment of Michael Lendino by Phyllis Booker, Henry Caban, Vivian Campbell, Gricelda Cespedes, Demetrius Crichlow, New York City Transit Authority, Howard H. Roberts, Jr, Javier Rocha, Brenda Sidberry, David Sierra (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Logue, Sarah) (Entered: 08/16/2012)
MOTION for Summary Judgment by Phyllis Booker, Henry Caban, Vivian Campbell, Gricelda Cespedes, Demetrius Crichlow, New York City Transit Authority, Howard H. Roberts, Jr, Javier Rocha, Brenda Sidberry, David Sierra. Responses due by 9/12/2012 (Logue, Sarah) (Entered: 08/16/2012)
Minute Entry for proceedings held before Magistrate Judge Joan M. Azrack:Telephone Discovery Conference held on 7/9/2012. Parties to discuss briefing scheduled with Judge Gleeson. (Lee, Tiffeny) (Entered: 07/13/2012)
Minute Entry for proceedings held before Magistrate Judge Joan M. Azrack: Discovery Hearing held via telephone on 6/21/2012. Jennifer Borchetta, counsel for plaintiff, and Sarah Logue and Fredric Newman, counsel for defendants, participated. All expert discovery and discovery relating solely to damages is stayed until summary judgment motion is decided. Any objections concerning the above discovery are preserved and may be raised again when such discovery resumed. Third day of plaintiff's deposition to proceed. This deposition has a strict six-hour time limit. Deposition to be scheduled on a date convenient to plaintiff. Parties to confer about: (1) content of letter to be sent to plaintiff's doctors regarding subpoenas and postponement of depositions; and (2) stipulation regarding testimony of defendant Caban. (Manuel, Germaine) (Entered: 06/25/2012)
Letter MOTION for Extension of Time to Complete Discovery (on behalf of all parties) by Phyllis Booker, Henry Caban, Vivian Campbell, Gricelda Cespedes, Demetrius Crichlow, New York City Transit Authority, Howard H. Roberts, Jr, Javier Rocha, Brenda Sidberry, David Sierra. (Logue, Sarah) (Entered: 04/16/2012)
Letter MOTION for Discovery (Requesting Entry of Parties' Confidentiality Stipulation and Protective Order) by Peter T. Nichik. (Attachments: # 1 Exhibit) (Borchetta, Jennifer) (Entered: 03/22/2012)
Minute Entry for proceedings held before Magistrate Judge Joan M. Azrack:Telephone Conference/Discovery Conference held on 2/29/2012. Discovery rulings made. Medical records from 05 on. Med records pursuant to confid stip. Emails are not to be copied. Pltff to submit one item in camera. 30b 6 requests granted. Dft to produce info, re: Henry Caban. Kenneth Brown may be deposed. ( Status Conference set for 5/1/2012 11:00 AM in Courtroom 6E North before Judge John Gleeson.) (Piper, Francine) (Entered: 03/02/2012)
Second MOTION for Extension of Time to Complete Discovery by Phyllis Booker, Henry Caban, Vivian Campbell, Gricelda Cespedes, Demetrius Crichlow, New York City Transit Authority, Howard H. Roberts, Jr, Javier Rocha, Brenda Sidberry, David Sierra. (Logue, Sarah) (Entered: 08/30/2011)
MEMORANDUM in Opposition re 41 First MOTION to Dismiss Complaint Against Defendant Prendergast filed by Peter T. Nichik. (Norins, Clare) (Entered: 05/02/2011)
AFFIDAVIT/DECLARATION in Opposition re 41 First MOTION to Dismiss filed by Peter T. Nichik. (Attachments: # 1 Exhibit A, # 2 Exhibit B-F) (Norins, Clare) (Entered: 05/02/2011)
AFFIDAVIT/DECLARATION in Support re 41 First MOTION to Dismiss filed by Thomas F. Prendergast. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Logue, Sarah) (Entered: 04/11/2011)
ANSWER to 32 Amended Complaint, by Phyllis Booker, Henry Caban, Vivian Campbell, Gricelda Cespedes, Demetrius Crichlow, New York City Transit Authority, Howard H. Roberts, Jr, Javier Rocha, Brenda Sidberry, David Sierra. (Logue, Sarah) (Entered: 04/11/2011)
Letter MOTION for Extension of Time to Complete Discovery by Phyllis Booker, Henry Caban, Vivian Campbell, Gricelda Cespedes, Demetrius Crichlow, New York City Transit Authority, Thomas F. Prendergast, Howard H. Roberts, Jr, Javier Rocha, Brenda Sidberry, David Sierra. (Logue, Sarah) (Entered: 03/29/2011)
NOTICE of Appearance by Dorothea W. Regal on behalf of Phyllis Booker, Henry Caban, Vivian Campbell, Gricelda Cespedes, Demetrius Crichlow, New York City Transit Authority, Thomas F. Prendergast, Howard H. Roberts, Jr, Javier Rocha, Brenda Sidberry, David Sierra (aty to be noticed) (Regal, Dorothea) (Entered: 03/17/2011)
NOTICE of Appearance by Fredric S. Newman on behalf of Phyllis Booker, Henry Caban, Vivian Campbell, Gricelda Cespedes, Demetrius Crichlow, New York City Transit Authority, Thomas F. Prendergast, Howard H. Roberts, Jr, Javier Rocha, Brenda Sidberry, David Sierra (aty to be noticed) (Newman, Fredric) (Entered: 03/16/2011)
First MOTION for Extension of Time to File Answer re 32 Amended Complaint, by Phyllis Booker, Henry Caban, Vivian Campbell, Gricelda Cespedes, Demetrius Crichlow, New York City Transit Authority, Thomas F. Prendergast, Howard H. Roberts, Jr, Javier Rocha, Brenda Sidberry, David Sierra. (Logue, Sarah) (Entered: 03/16/2011)
NOTICE of Appearance by Sarah Kathleen Logue on behalf of Phyllis Booker, Henry Caban, Vivian Campbell, Gricelda Cespedes, Demetrius Crichlow, New York City Transit Authority, Thomas F. Prendergast, Howard H. Roberts, Jr, Javier Rocha, Brenda Sidberry, David Sierra (aty to be noticed) (Logue, Sarah) (Entered: 03/16/2011)
SUMMONS Returned Executed by Peter T. Nichik. Henry Caban served on 2/25/2011, answer due 3/18/2011; Vivian Campbell served on 2/25/2011, answer due 3/18/2011; Gricelda Cespedes served on 2/25/2011, answer due 3/18/2011; Demetrius Crichlow served on 2/25/2011, answer due 3/18/2011; New York City Transit Authority served on 2/25/2011, answer due 3/18/2011; Thomas F. Prendergast served on 2/25/2011, answer due 3/18/2011; Howard H. Roberts, Jr served on 2/25/2011, answer due 3/18/2011; Javier Rocha served on 2/25/2011, answer due 3/18/2011; Brenda Sidberry served on 2/25/2011, answer due 3/18/2011; David Sierra served on 2/25/2011, answer due 3/18/2011. (Norins, Clare) (Entered: 03/07/2011)
AMENDED COMPLAINT against Phyllis Booker, Henry Caban, Vivian Campbell, Gricelda Cespedes, Demetrius Crichlow, New York City Transit Authority, Thomas F. Prendergast, Howard H. Roberts, Jr, Javier Rocha, Brenda Sidberry, David Sierra, filed by Peter T. Nichik. (Norins, Clare) (Entered: 02/25/2011)
Letter MOTION for Extension of Time to File Answer by New York City Transit Authority. (Attachments: # 1 Answer) (Menaker, Francine) (Entered: 02/14/2011)
Minute Entry for proceedings held before Judge John Gleeson: Case called. Plaintiff represented by Clare Rivka Norins, Esq. and Cynthia Rollings, Esq. Defendants represented by Francine E. Menaker, Esq. Pre Motion Conference held on 2/9/2011 re: defendant's motion to dismiss. The following briefing schedule was given: Motion due by 3/9/11; Opposition due by 3/30/11; and Replies are due by 4/6/11. The Oral Argument is set for Thursday, April 14, 2011 at 11:00 AM in courtroom 6C South before Judge John Gleeson. The plaintiff is to notify the Court and the defendants via ECF by no later than 2/18/11 whether an amended complaint will be filed. (Court Reporter Sheldon Silverman.) (Lee, Ilene) (Entered: 02/09/2011)
Letter MOTION for Extension of Time to File Answer ; defendants request a brief adjournment of its time to submit its answer on behalf of all defendants except Mr. Prendergast and Phylis Booker by New York City Transit Authority. (Menaker, Francine) (Entered: 02/04/2011)
Minute Entry for proceedings held before Magistrate Judge Joan M. Azrack: Initial Conference Hearing held on 1/19/2011. Status Conference set for 6/30/2011 11:00 AM before Magistrate Judge Joan M. Azrack. (Siegfried, Evan) (Entered: 01/20/2011)
Letter MOTION for Hearing re 22 Response to Motion Reply to Plaintiff's Response to NYCT's Request for a Pre-Motion Conference by New York City Transit Authority. (Menaker, Francine) (Entered: 01/11/2011)
RESPONSE to Motion re 20 Letter MOTION for pre motion conference to discuss moving to dismiss the complaint as against Thomas Prendergast filed by Peter T. Nichik. (Norins, Clare) (Entered: 01/07/2011)
Letter MOTION for pre motion conference to discuss moving to dismiss the complaint as against Thomas Prendergast by New York City Transit Authority. (Menaker, Francine) (Entered: 01/03/2011)
Order Dismissing Parties. Party MTA Office of the Inspector General terminated. Ordered by Senior Judge David G. Trager on 12/20/2010. (Siegfried, Evan) (Entered: 12/21/2010)
NOTICE of Voluntary Dismissal by Peter T. Nichik against defendant MTA Office of the Inspector General. Pursuant to FRCP 41(a)(1)(i), dismissal is without prejudice or costs. This action is not dismissed as to any other defendant. (Norins, Clare) (Entered: 12/17/2010)
ORDER granting 15 Motion for Extension of Time to Answer. Ordered by Senior Judge David G. Trager on 12/16/2010. (Siegfried, Evan) (Entered: 12/17/2010)
Letter MOTION for Extension of Time to File Answer re 1 Complaint, as well as, Response to Request for a Pre-Motion Conference by New York City Transit Authority. (Menaker, Francine) (Entered: 12/09/2010)
NOTICE of Appearance by Angie Iglesia Martell on behalf of MTA Office of the Inspector General (notification declined or already on case) (Martell, Angie) (Entered: 12/03/2010)
SUMMONS Returned Executed by Peter T. Nichik. Vivian Campbell served on 11/19/2010, answer due 12/10/2010; MTA Office of the Inspector General served on 11/16/2010, answer due 12/7/2010; New York City Transit Authority served on 11/16/2010, answer due 12/7/2010; Howard H. Roberts, Jr served on 11/22/2010, answer due 12/13/2010; Brenda Sidberry served on 11/22/2010, answer due 12/13/2010. (Attachments: # 1 Affidavit of Service on NYCTA, # 2 Affidavit of Service on MTA Inspector General, # 3 Affidavit of Service on Vivian Campbell, # 4 Affidavit of Service on Brenda Sidberry, # 5 Affidavit of Service on Howard H. Roberts, Jr.) (Norins, Clare) (Entered: 11/22/2010)
COMPLAINT against Phyllis Booker, Henry Caban, Vivian Campbell, Gricelda Cespedes, Demetrius Crichlow, MTA Office of the Inspector General, New York City Transit Authority, Thomas F. Prendergast, Howard H. Roberts, Jr, Javier Rocha, Brenda Sidberry, David Sierra Disclosure Statement on Civil Cover Sheet completed -no,, filed by Peter T. Nichik. (Attachments: # 1 Civil Cover Sheet) (Bowens, Priscilla) (Entered: 11/17/2010)
ORDER granting in part and denying in part defendants' 56 Motion for Summary Judgment as detailed in the memorandum of decision. Ordered by Judge John Gleeson on 1/11/2013. (Merle, Natasha)
Update
Alerts
Jump