U.S. District Court for the Eastern District of New York

Velez v. QVC Inc

227 F.Supp.2d 384

COMPLAINT filed and summons(es) issued for QVC, Inc. FILING FEE $ 150.00 RECEIPT # 210357 (Chow, Alice) (Entered: 08/27/1998)

AMENDED COMPLAINT by Victor Velez , (Answer due 1/14/99 for QVC, Inc. ) amending [1-1] complaint (Jackson, Ramona) (Entered: 01/04/1999)

RETURN OF SERVICE executed as to QVC, Inc. 12/23/98 (Jackson, Ramona) (Entered: 01/07/1999)

LETTER dated 1/19/99 from Debra S Friedman to Clerk enclosed for filing extension of time to file pleadings & Rule 1.9 statement. (Jackson, Ramona) (Entered: 01/21/1999)

Disclosure of interested parties by QVC, Inc. (Jackson, Ramona) (Entered: 01/21/1999)

STIPULATION and ORDER dtd. 1/21/99, reset answer due for 2/5/99 for QVC, Inc. signed by Senior Judge Eugene H. Nickerson Copies mailed (Jackson, Ramona) (Entered: 01/25/1999)

STIPULATION and ORDER dtd. 2/17/99 Extending time to respond to pltff's second amended complaint from 20 days of receipt. signed by Senior Judge Eugene H. Nickerson (Jackson, Ramona) (Entered: 02/25/1999)

AMENDED COMPLAINT by Victor Velez , (Answer due 4/30/99 for QVC, Inc. ) amending [2-1] amended complaint against Clarence Reynolds, Daliza Ramirez Crane, Gwen Owens (Jackson, Ramona) (Entered: 04/20/1999)

ORDER Pltff. is directed to submit a report in writing before 8/20/99 to advise whether an initial conf. is necessary. Pltff.is ordered to move for default judgment by Sept. 3,1999 as to deft's properly served by letter application. (Magistrate-Judge Marilyn D. Go , on 7/20/99) (Jackson, Ramona) (Entered: 07/21/1999)

LETTER dated 07.28.99 from Jeffrey I. Pasek to Clerk of the Court, enclosing a copy of the cover letter to counsel for Pltffs transmitting copies of Notice of Motion and accompanying papers for Deft's Motion to Dismiss. (w/enc.) Galeano, Sonia (Entered: 07/30/1999)

LETTER dated 7/28/99 from Jeffrey I. Pasek to Alan J. Rich, Esq., enclosing dfts Motion to Dismiss and or Transfer and supporting papers. (Piper, Francine) (Entered: 08/05/1999)

STIPULATION and ORDER, resetting answer deadline to 7/28/99 for QVC, Inc. ; defendant agrees to waive any defense of lack of personal jurisdiciton based on plaintiff's failure to properly serve either complaint. Signed by Judge Eugene H. Nickerson on 7/29/99. {c/m by chambers} (Asreen, Wendy) (Entered: 07/29/1999)

ORDER, set scheduling conference for 2:30 9/14/99 before Magistrate-Judge Marilyn D. Go ( signed by Magistrate-Judge Marilyn D. Go , on 8/25/99) (Jackson, Ramona) (Entered: 08/26/1999)

ORDER, set scheduling conference for 9/14/99 before Judge Eugene H. Nickerson On ltr. dtd. 9/3/99 from Alan J Rich ( signed by Judge Eugene H. Nickerson , on 9/10/99) (Jackson, Ramona) (Entered: 09/15/1999)

LETTER dated 9/7/99 from Alan J Rich to Judge Nickerson conf. for 9/14/99 (Jackson, Ramona) (Entered: 09/15/1999)

LETTER dated 9/24/99 from Jeffrey I Pasek to Alan Rich enclosed motion with support documents. (Jackson, Ramona) (Entered: 09/28/1999)

MOTION by QVC, Inc. for a protective order to restrain pltff's counsel from communicating with any putative class without the court's prior approval , Motion hearing [18-1] motion (Jackson, Ramona) (Entered: 10/18/1999)

MEMORANDUM by QVC, Inc. in support of [18-1] motion for a protective order to restrain pltff's counsel from communicating with any putative class without the court's prior approval (Jackson, Ramona) (Entered: 10/18/1999)

MEMORANDUM by Gwen Owens, Daliza Ramirez Crane, Clarence Reynolds, Victor Velez in opposition to [18-1] motion for a protective order to restrain pltff's counsel from communicating with any putative class without the court's prior approval (Jackson, Ramona) (Entered: 10/18/1999)

REPLY MEMORANDUM OF LAW by Gwen Owens, Daliza Ramirez Crane, Clarence Reynolds, Victor Velez in further support of pltff's omnibus motion to restrict deft's communication related to the instant lawsuit. (Jackson, Ramona) (Entered: 10/27/1999)

ORDER Any motion to quash must be made in the District Court issuing the subpoena. Pltff's are given a final extension of time to respond to deft's motion to 11/23/99. Deft's reply is due 12/3/99. The parties are remindeed they must follow Judge Nickerson's chamber's rules in setting the return date. On ltr. dtd. 10/29/99 from Alan J Rich ( signed by Magistrate Marilyn D. Go , on 11/2/99) (Jackson, Ramona) (Entered: 11/03/1999)

LETTER dated 11/3/99 from Christine A Char to Clerk of the Court enclosed motion for admission with supporting documents. (Jackson, Ramona) (Entered: 11/04/1999)

LETTER dated 11/3/99 from Christine A Char to Alan J Rich enclosed motion for a protective order with supporting documents. (Jackson, Ramona) (Entered: 11/04/1999)

MOTION by QVC, Inc. protective order; staying all discovery pending disposition of motion to dismiss amended complaint, and , in event claims survive after disposition, discovery remain pending disposition of pltff's motion for class certification. , Motion hearing set for 9:30 11/19/99 [25-1] motion (Jackson, Ramona) (Entered: 11/18/1999)

AFFIDAVIT of THOMAS C.ZIELINSKI QVC, Inc. Re:in support [25-1] motion protective order; staying all discovery pending disposition of motion to dismiss amended complaint, and , in event claims survive after disposition, discovery remain pending disposition of pltff's motion for class certification. (Jackson, Ramona) (Entered: 11/18/1999)

MEMORANDUM by QVC, Inc. in support of [25-1] motion protective order; staying all discovery pending disposition of motion to dismiss amended complaint, and , in event claims survive after disposition, discovery remain pending disposition of pltff's motion for class certification. (Jackson, Ramona) (Entered: 11/18/1999)

MEMORANDUM by Victor Velez, Gwen Owens, Daliza Ramirez Crane, Clarence Reynolds in opposition to deft's application for pro hac vice admissions. (Jackson, Ramona) (Entered: 11/22/1999)

Calendar entry:Before Mag Go Telephone Conf. Deft's agree to respond to interrogatories. Deft. must produce copy of entire personnel files of the named pltff's by 12/3/99. Deft's responses to pltff's remaining interrogatories and first document request are due 12/14/99. The parties must submit a proposed confidentiality order prior to that date to protect the privacy interest of individuals who are not named parties. Depositions in this action are STAYED until after 12/13/99. The time for pltff's opposition papers to deft's motion to dismiss is extended to 12/6/99 Reply to 12/13/99. (Jackson, Ramona) (Entered: 12/02/1999)

MOTION by QVC, Inc. for Sarah E. Davies, Thomas C. Zielinski to appear pro hac vice , Motion hearing [29-1] motion (Jackson, Ramona) (Entered: 11/30/1999)

MEMORANDUM by QVC, Inc. in support of [29-1] motion for Sarah E. Davies, Thomas C. Zielinski to appear pro hac vice (Jackson, Ramona) (Entered: 11/30/1999)

AFFIDAVIT of ALAN J. RICH by QVC, Inc. (Jackson, Ramona) (Entered: 11/30/1999)

ORDER granting [29-1] motion for Sarah E. Davies, Thomas C. Zielinski to appear pro hac vice ( signed by Magistrate Marilyn D. Go , on 11/22/99) (Jackson, Ramona) (Entered: 11/30/1999)

MEMORANDUM by Victor Velez, Gwen Owens, Daliza Ramirez Crane, Clarence Reynolds in opposition to [25-1] motion protective order; staying all discovery pending disposition of motion to dismiss amended complaint, and , in event claims survive after disposition, discovery remain pending disposition of pltff's motion for class certification. (Jackson, Ramona) (Entered: 12/01/1999)

SEALED DOCUMENT placed in vault pltff's memo. (Jackson, Ramona) (Entered: 12/15/1999)

SEALED DOCUMENT placed in vault replymemo. (Jackson, Ramona) (Entered: 12/15/1999)

MOTION by QVC, Inc. to dismiss , to transfer case ED of Pennsylvania , Motion hearing set for 9:30 12/17/99 [37-1] motion, set for 12/17/99 [37-2] motion (Jackson, Ramona) (Entered: 12/15/1999)

AFFIDAVIT of JEFFREY I PASEK by QVC, Inc. Re:in support [38-1] motion to dismiss, [38-2] motion to transfer case ED of Pennsylvania (Jackson, Ramona) (Entered: 12/15/1999)

MEMORANDUM by QVC, Inc. in support of [38-1] motion to dismiss, [38-2] motion to transfer case ED of Pennsylvania (Jackson, Ramona) (Entered: 12/15/1999)

LETTER dated 12/13/99 from Christine A Char to Clerk of the Court documents filed motion to dismiss. (Jackson, Ramona) (Entered: 12/15/1999)

MEMORANDUM by Victor Velez in opposition to [38-1] motion to dismiss, [38-2] motion to transfer case ED of Pennsylvania (Jackson, Ramona) (Entered: 10/11/2000)

AFFIDAVIT of ALAN G. RICH Victor Velez et al (Jackson, Ramona) (Entered: 10/11/2000)

Sue-Reply by Victor Velez, Gwen Owens, Daliza Ramirez Crane, Clarence Reynolds in response to deft's reply memo. of law. (Jackson, Ramona) (Entered: 12/21/1999)

LETTER dated 11/22/99 from Alan J Rich to Judge Nickerson pltff's are opposing deft's motion to stay discovery requests. (Jackson, Ramona) (Entered: 12/22/1999)

LETTER dated 11/22/99 from Christine A Char to Mag Go QVC opposes extension of time to respond to motion to dismiss. (Jackson, Ramona) (Entered: 12/22/1999)

LETTER dated 11/19/99 from Alan J. Rich to Judge Nickerson regarding pending discovery. (Jackson, Ramona) (Entered: 12/22/1999)

AFFIDAVIT of Service by QVC, Inc. Re: [29-1] motion for Sarah E. Davies, Thomas C. Zielinski to appear pro hac vice (Jackson, Ramona) (Entered: 12/28/1999)

ORDER, for protective order ( signed by Magistrate Marilyn D. Go , on 1/3/2000) (Jackson, Ramona) (Entered: 01/04/2000)

MEMORANDUM and ORDER [29-1] motion for Sarah E. Davies, Thomas C. Zielinski to appear pro hac vice referred to Magistrate Marilyn D. Go, [25-1] motion protective order; staying all discovery pending disposition of motion to dismiss amended complaint, and , in event claims survive after disposition, discovery remain pending disposition of pltff's motion for class certification. referred to Mag.Go ( signed by Judge Eugene H. Nickerson , on 11/16/99) Mag go notified. (Jackson, Ramona) Modified on 01/06/2000 (Entered: 01/06/2000)

Calendar entry:Before Mag Go Telephone Conf. Deft. must promptly produce the personnel files of other show hosts from 1989. (Jackson, Ramona) (Entered: 01/11/2000)

Opposition of QVC, Inc.to pltff's motion to compel deft. to cease and desist in acts of intimidation, to limit communications between deft. and members of the punative class on the issue of the action pursuant to FRCP 23(d) and for a protective order. (Jackson, Ramona) (Entered: 01/27/2000)

Calendar entry: Before Magistrate Judge Go- discovery hearing held. The defendant agreed to produce personnel records of show hosts contained in 2 additional files and must produce at least unredacted copies by 2/10/2000. If redacted copies cannot be produced by this date, they may be a few days later. The unredacted personnel records of non-party employees are subject to terms of the confidentiality order previously entered herein, except that such unredacted records may not be disclosed by counsel to any person, even the named plaintiffs. Plaintiffs' counsel may not give a copy of any of the redacted personnel records to any named plaintiff, unless disclosure is reasonably necessary in furtherance of this litigation. Defendant must provide a more detailed description of the documents in its privilege log. For the reasons stated on the record, the cross motions of both plaintiffs and defendant for a protective order to limit communications with putative class members by the opposing side are denied, withot prejudice to renewal should future events occur to warrant further consideration. Both sides are again warned to exercise caution in their dealing with putative class members. Next conference set for 8/1/00 at 10:30. (Reddy, Lisa) (Entered: 02/07/2000)

Notice of pltff's Rule 72 Objections Victor Velez et al in [47-2] [51-1] to Confidentiality Order and Rulings of Mag Go. (Jackson, Ramona) (Entered: 02/11/2000)

MEMORANDUM by Victor Velez et al in support of [53-1] opposition response (Jackson, Ramona) (Entered: 02/11/2000)

NOTICE of Victor Velez' Rule 72 Objections to Confidentiality Order and Rulings of Mag. Judge Go (Jackson, Ramona) (Entered: 03/10/2000)

MEMORANDUM by Victor Velez in support of [55-1] pltff's Rule 72 objections to Confidentiality Order (Jackson, Ramona) (Entered: 03/10/2000)

LETTER dated 2/10/2000 from Alan J Rich to Judge Nickerson enclosed objections to Mag. Go's order. (Jackson, Ramona) (Entered: 03/10/2000)

MOTION by Victor Velez to amend [1-1] complaint , Motion hearing [87-1] motion Motion file stamped: 3/29/000 and (Jackson, Ramona) (Entered: 10/11/2000)

MEMORANDUM by Victor Velez et al in support of [87-1] motion to amend [1-1] complaint (Jackson, Ramona) (Entered: 10/11/2000)

LETTER dated 4/3/2000 from Shirley Wilson motion papers do not comply with Judge Nickerson's rules, being returned. (Jackson, Ramona) (Entered: 04/06/2000)

LETTER dated 4/25/2000 from Christine A Char to Clerk of the Court correct entry to indicate that document transmitted to Mr Rich on 4/13/2000 was QVC'S opposition to pltff's motion for leave to amend the complaint. (Jackson, Ramona) (Entered: 05/02/2000)

QVC, Inc. in opposition to [55-1] Rule 72 Objections to the Confidentiality order and rulings of Mag Go. (Jackson, Ramona) (Entered: 05/09/2000)

ORDER adjourn motion to amend on May 19,2000 @ 9:30. on memo. dtd. 5/18/2000 from Alan J Rich ( signed by Judge Eugene H. Nickerson , on 5/19/2000) (Jackson, Ramona) (Entered: 06/05/2000)

LETTER dated 5/26/2000 from Stella Drevina to Judge Nickerson regarding motion to amend. (Jackson, Ramona) (Entered: 06/13/2000)

ORDER, set scheduling conference for 2:00 7/21/00 before Magistrate Marilyn D. Go , On ltr. dtd. 7/10/2000 from Alan J Rich terminated past due deadlines signed by Magistrate Marilyn D. Go , on 7/18/2000) (Jackson, Ramona) (Entered: 07/19/2000)

Calendar entry: Status conference held before Magistrate Go on 7/21/00. Scheduling Order: 1) Fact discovery completion by 9/21/00; Expert reports exchanged by 9/28/00 2) Pltff's response to outstanding discovery requests by 8/4/00 and appear for depositions between 7/31/00 and 8/11/00 3) Def must promptly provide missing compensation data 4) Plaintiffs to promptly reimburse defendant for cost of copying the documents previously produced. If practicable, defendant must also provide the data requested by plaintiffs on computer disk and plaintiffs must reimburse defendant for the additional cost incurred 5) Plaintiffs' motion for class certification must be served by 8/4/00, opposing papers by 9/11/00 and reply due 9/25/00. No further extensions of plaintiffs' time to make this motion. Next conference set for 10/6/00 at 10:30, to follow oral argument on class certification motion. (Lee, Tiffeny) Modified on 07/25/2000 (Entered: 07/25/2000)

MOTION of MOVANT RONALD MAESTRI ex parte motion for an order compelling parties to identify & produce documents related to non-party witness discovery and specifically that related to and effecting rights of R.Maestri; Request to place motion, objections and reply and letter dtd. 8/5/2000 be placed under seal; etc. , Motion hearing set for 8/25/00 [66-1] motion Motion file stamped: 8/16/2000 and (Jackson, Ramona) (Entered: 08/16/2000)

Supplement to [66-1] ex parte motion for an order compelling parties to identify & produce documents related to non-party witness discovery and specifically that related to and effecting rights of R.Maestri; Request to place motion, objections and reply and letter dtd. 8/5/2000 be placed under seal; etc. (Jackson, Ramona) (Entered: 08/16/2000)

LETTER dated 8/5/2000 from Valerie S Weiss for RON MAESTRI to Judge Nickerson request to appear pro hac vice; and Mr Maestri request this court issue an order as follows: see document. (Jackson, Ramona) (Entered: 08/16/2000)

ORDER, for Valerie Weiss to appear pro hac vice on behalf of Ron Maestri. Fee: $25.00, receipt #: 236018 Signed by Judge Eugene H. Nickerson on 8/10/00. (Asreen, Wendy) (Entered: 08/31/2000)

LETTER dated 7/31/00 from Valerie Weiss, Esq. to Filing Clerk and Lawrence Wu identifying certain documents she wishes to have copied and inquiring as to the estimated cost. (Lee, Tiffeny) (Entered: 08/23/2000)

LETTER dated 8/16/00 from Valerie Weiss, Esq. to Sara Davies regarding partial resolve of protective order. (Lee, Tiffeny) (Entered: 08/23/2000)

Calendar entry:Before Mag Go Telephone Discovery Conf. For pltff. Alan Rich For deft. Sarah Davies, Christine Char Valerie Weiss for Ron Masteri, a non-party witness. For the reasons stated on the record, the various motions of Ron Masteri, a non party subpoenaed by deft. in California, seeking, inter-alia, to compel production of documents, for a protective order and for sanctions are DENIED, except as to the following: see document As noted on the record, information obtained from Mr Mastri, either in documents produced or his testimony, are subject to the terms of the Confidentiality order to the extent that such information would be protected under the order. Counsel for pltff. must advise by 9/6/2000 whether any of his clients intend to attend the deposition. (Jackson, Ramona) (Entered: 09/06/2000)

LETTER from Valerie S Weiss to MAg Go look foward to briefing schedule. (Jackson, Ramona) (Entered: 09/06/2000)

Exhibit list by Ron Maestri (Jackson, Ramona) (Entered: 09/06/2000)

NOTICE / ExParte Application for Injunction Pending Ruling On Protective Order by Ron Maestri (Jackson, Ramona) (Entered: 09/06/2000)

NOTICE/ Second Supplement to Exparte Motion & Motion for an order Compelling parties to identify and Produce Documents by Ron Maestri (Jackson, Ramona) (Entered: 09/06/2000)

LETTER dated 8/22/2000 from Valerie S Weiss to Mag Go it would seem the record in these proceedings support sanctions against both counsel for QVC and Velez et al in the California proceedings, and here in New York. (Jackson, Ramona) (Entered: 09/06/2000)

LETTER dated 8/31/200 from Alan Rich to Mag Go regarding deposition in Los Angeles (Jackson, Ramona) (Entered: 09/06/2000)

ORDER The scheduling order is further amended to extend the expert discovery deadline as set forth above: Non medical expert 9/28/2000; Pltff's medical expert disclosure & report 9/28/2000; Pltff's non-medical disclosure & report 11/15/2000; Deft's medical 11/15/2000 Deft's non-medical 12/15/2000; Expert discovery completed 1/16/2001. ( signed by Magistrate Marilyn D. Go , on 8/30/00) (Jackson, Ramona) (Entered: 09/12/2000)

LETTER dated 9/11/2000 from Christine A Char to Alan Rich enclosed copies in opposition to motion . (Jackson, Ramona) (Entered: 09/14/2000)

ORDER Application granted. On ltr. dtd. 9/20/2000 from Alan J Rich extend fact discovery deadline to Oct. 23,2000. ( signed by Magistrate Marilyn D. Go , on 9/20/2000) (Jackson, Ramona) (Entered: 09/22/2000)

ORDER Application GRANTED. On ltr. dtd. 9/21/2000 from Alan J Rich request pltff's reply be adjourned to Oct 2,2000. We foresee no difficulty complying with that schedule at all. ( signed by Magistrate Marilyn D. Go , on 9/21/2000) (Jackson, Ramona) (Entered: 09/27/2000)

Proof of Service Victor Velez Re: the following documents: see list. (Jackson, Ramona) (Entered: 09/29/2000)

LETTER dated 12/14/99 from Baree H.Hassett to Judge Nickerson enclosed copy of motion to dismiss with supporting documents attached. (Jackson, Ramona) (Entered: 10/11/2000)

MEMORANDUM and ORDER granting [38-2] motion to transfer case ED of Pennsylvania ( signed by Judge Eugene H. Nickerson , on 9/29/2000) (Jackson, Ramona) (Entered: 10/13/2000)

Case closed (Jackson, Ramona) (Entered: 10/13/2000)

SEALED DOCUMENT placed in vault reply memo. (Jackson, Ramona) (Entered: 10/25/2000)

SEALED DOCUMENT placed in vault memo. in opposition. (Jackson, Ramona) (Entered: 10/25/2000)

ORDER, transferring case ED of Penmnsylvania ( signed by Judge Eugene H. Nickerson , on 9/29/2000) (Jackson, Ramona) (Entered: 10/25/2000)

Record certified to ED of Pennsylvania. Ackn. requested. (Jackson, Ramona) (Entered: 10/25/2000)

MAIL RETURNED Memo. & Order to Alan J.Rich returned on 10/13/2000 (Jackson, Ramona) (Entered: 10/25/2000)

Certified Copy Docket sheet, memo. & Order re mailed to ED of Pennsylvania. Ackn. requested. Original misplaced. Attention: Terry Depasquale. (Jackson, Ramona) (Entered: 10/31/2000)

SEALED DOCUMENT placed in vault Exhibits two volumes (Jackson, Ramona) (Entered: 11/01/2000)

Ackn. received from ED of Pennsylvania. 00- 5582 (Jackson, Ramona) (Entered: 11/15/2000)