1
|
COMPLAINT filed; ; Service deadline 4/6/92 for NYS Dept. of Civil, for New York State OMRDD (bjw) (Entered: 02/05/1992)
|
Feb. 5, 1992
|
PACER
|
|
Case transferred in from the Eastern District of New York (bjw)
|
Feb. 5, 1992
|
PACER
|
|
Magistrate Caden has been selected by random selection to handle any matters that may be referred in this case (fce)
|
Feb. 5, 1992
|
PACER
|
2
|
MOTION by NYS Dept. of Civil, New York State OMRDD to Dismiss, and/or to Transfer Case, Hearing set for 9:30 1/24/92 (fce) (Entered: 02/10/1992)
|
Feb. 5, 1992
|
PACER
|
3
|
MEMORANDUM by NYS Dept. of Civil, New York State OMRDD in support of [2-1] motion to Dismiss, [2-2] motion to Transfer Case (fce) (Entered: 02/10/1992)
|
Feb. 5, 1992
|
PACER
|
4
|
Stip/ORDER dated 1/17/92 that matter transferred to the US District Court for the Northern District of NY; defts withdraw [2-1] motion to Dismiss, etc. (signed by Judge I. L. Glasser) (fce) (Entered: 02/10/1992)
|
Feb. 5, 1992
|
PACER
|
5
|
Copy of Docket Sheet from Eastern (Brooklyn) District of New York (fce) (Entered: 02/10/1992)
|
Feb. 5, 1992
|
PACER
|
6
|
STIPULATION & ORDER, extending Answer deadline to 3/20/92 for NYS Dept. of Civil, for New York State OMRDD ( signed by Chief Judge Neal P. McCurn ) (fce) (Entered: 03/19/1992)
|
March 18, 1992
|
PACER
|
7
|
ANSWER to Complaint by New York State OMRDD, NYS Dept. of Civil (Attorney Robert A. Siegfried) (fce) (Entered: 03/26/1992)
|
March 23, 1992
|
PACER
|
8
|
Rule 16 Scheduling Order Issued. Estimated trial length 7 days, Preferred Trial Location: Albany, New York, Ready for trial by 6/1/93, Joining of Parties Deadline 6/7/92 ; Amending of Pleadings Deadline 7/7/92 ; Discovery Deadline 2/1/93 ; Motion Filing Deadline 4/1/93 ( Signed by Chief Judge Neal P. McCurn - 5/18/92 ) (fce) (Entered: 05/19/1992)
|
May 18, 1992
|
PACER
|
9
|
FINAL PRETRIAL ORDER filed, Discovery Deadline 2/1/93 ; Motion Filing Deadline 4/1/93 ; Jury Trial Deadline 10:00 6/2/93 ; Trial location: Albany, New York ( Signed by Chief Judge Neal P. McCurn - 5/18/92 ) (fce) (Entered: 05/19/1992)
|
May 18, 1992
|
PACER
|
10
|
AFFIDAVIT of Leonard N. Flamm, attorney for by John L. Mete, Merrill J. Gottlieb, pursuant to Local Rule 10(k) (fce) (Entered: 01/28/1993)
|
Jan. 15, 1993
|
PACER
|
11
|
ORDER, Referring Case to Magistrate Judge Daniel Scanlon Jr. (signed by Chief Judge Neal P. McCurn, 1/25/93) (fce) (Entered: 01/28/1993)
|
Jan. 26, 1993
|
PACER
|
12
|
AFFIIRMATION OF Robert A. Siegfried, Esq. in response to [10-1] affidavit re: discovery conference (fce) (Entered: 02/02/1993)
|
Jan. 29, 1993
|
PACER
|
13
|
CONSENT TO JOIN by Judith A. Radell as a party pltf. pursuant to 29 U.S.C. 216(b); as instructed by Order dtd 6/23/93 (dmf) (Entered: 08/04/1993)
|
March 22, 1993
|
PACER
|
14
|
MOTION by John L. Mete, Merrill J. Gottlieb to proceed as a class action w/JOINT AFFIDAVIT of John L. Mete and Merrill J. Gottieb; Hearing set for 11:00 5/4/93, Response Deadline 4/20/93, Reply to Response Deadline 4/27/93; Motion returnable before Judge McCurn (fce) (Entered: 04/02/1993)
|
April 1, 1993
|
PACER
|
15
|
MEMORANDUM by John L. Mete, Merrill J. Gottlieb in support of [14-1] motion to proceed as a class action (fce) (Entered: 04/02/1993)
|
April 1, 1993
|
PACER
|
16
|
Scheduling Notice by Deputy Clerk Payne: set Pretrial Conference for 5/4/93 after Motion Calendar in Albany, NY. (lmp) (Entered: 04/12/1993)
|
April 12, 1993
|
PACER
|
17
|
LETTER from Leonard N. Flamm, Esq. (counsel for pltf) dtd 4/16/93 re: an extension of at least six (6) months for the trial, currently scheduled for June 2, 1993, and an adjournment of the Final Pretrial Conf. for May 4, 1993. (dmf) Modified on 04/29/1993 (Entered: 04/29/1993)
|
April 29, 1993
|
PACER
|
18
|
Scheduling Notice:, Motion Hearing set for 6/2/93 re: [14-1] motion to proceed as a class action, Response to Motion reset to 5/19/93 for [14-1] motion to proceed as a class action, Reply to Response to Motion reset to 5/26/93 for [14-1] motion to proceed as a class action this motion will be on submission so there will be no oral argument at this time; the pre-trial conference scheduled for 5/4/93, is adjourned without date. The Court also extends the scheduled trial date for six months; the parties should be ready for trial on December 2, 1993. (dmf) (Entered: 04/29/1993)
|
April 29, 1993
|
PACER
|
19
|
CONSENT TO JOIN by Edmond D. Monaco as a party pltf. pursuant to 29 U.S.C. 216(b); as instructed by Order dtd 6/23/93 (dmf) (Entered: 08/04/1993)
|
May 14, 1993
|
PACER
|
20
|
AFFIDAVIT of Robert A. Siegfried, by New York State OMRDD, NYS Dept. of Civil Re: [14-1] motion to proceed as a class action; w/affirmation of service (dmf) (Entered: 05/17/1993)
|
May 17, 1993
|
PACER
|
21
|
Minute entry: [14-1] motion to proceed as a class action - submitted. Court Reporter/ECRO: None APP: None (Law Clerk - DEM) (lmp) (Entered: 06/01/1993)
|
June 1, 1993
|
PACER
|
|
Motion hearing re: [14-1] motion to proceed as a class action Motion hearing held (lmp)
|
June 1, 1993
|
PACER
|
|
Deadline updated; set Jury Trial for 12/2/93 (dmf)
|
June 1, 1993
|
PACER
|
|
Pre-trial conference held in Albany before J. Scanlon. Interrogatories to Pltfs by 6/30/93. Depositions of McChesne & Webb by 7/30/93. Decision on Consent to Proceed Before Mag. and on whether or not to bifurcate by 7/30/93. (wbl)
|
June 3, 1993
|
PACER
|
22
|
DISCOVERY ORDER, set Interrogatories deadline to 6/30/93, set Deposition deadline to 7/30/93, parties will report to the court their election as to trial before Mag. Judge before 7/30/93; parties notify the court of their decision regarding bifurcation of liability - money damages; and a further pretial settlement conf. will be scheduled for early August, 1993 (signed by Magistrate Judge Daniel Scanlon Jr. 6/24/93) (dmf) (Entered: 06/24/1993)
|
June 24, 1993
|
PACER
|
23
|
ORDER granting in part, denying in part [14-1] motion to proceed as a class action; the court instructs the parties to file, and serve upon opposing counsel, any objections to the court's proposed clas definition no later than 7/12/93 (signed by Senior Judge Neal P. McCurn 6/23/93) (dmf) (Entered: 06/28/1993)
|
June 24, 1993
|
PACER
|
24
|
CONSENT TO JOIN by James T. Raymondjack as a party pltf. pursuant to 29 U.S.C. 216(b) as instructed by Order dtd 6/23/93 (dmf) (Entered: 08/04/1993)
|
June 28, 1993
|
PACER
|
25
|
Scheduling Notice by Deputy Clerk Payne: set Final Pretrial Conference for 11:00 a.m. on 10/8/93 in Albany, NY, before Judge McCurn. (lmp) (Entered: 09/29/1993)
|
Sept. 29, 1993
|
PACER
|
26
|
Minute entry:Albany: Conference held: reset Discovery deadline to 12/15/93, reset Motion Filing deadline to 12/14/93, reset Pretrial Conference for 1/4/94, with Court to set time. APP: Norman Mednick for Pltfs.; David Roberts for Defts. STENO: None (fce) Modified on 10/13/1993 (Entered: 10/08/1993)
|
Oct. 8, 1993
|
PACER
|
28
|
LETTER ORDER from court, set Pretrial Telephone Conference for 3:00 p.m. on 1/4/94 in Albany, NY . Counsel for the defts' is to file and serve their response to pltfs' atty's affidavit with exhibits by 12/30/93. ( signed by Senior Judge Neal P. McCurn on 12/13/93 ) (fce) Modified on 12/14/1993 (Entered: 12/14/1993)
|
Dec. 13, 1993
|
PACER
|
27
|
AFFIDAVIT W/Attachments by Leonard N. Flamm, Esq. for John L. Mete, Merrill J. Gottlieb Re: request for a discovery conference to resolve certain discovery impasses. (fce) (Entered: 12/14/1993)
|
Dec. 13, 1993
|
PACER
|
29
|
AFFIDAVIT by Robert A. Siegfried, AAG, counsel for New York State OMRDD, NYS Dept. of Civil Service, in Opposition Re: [27-1] discovery demands of pltf. (fce) Modified on 01/05/1994 (Entered: 12/27/1993)
|
Dec. 27, 1993
|
PACER
|
|
Pre-trial conference held (lmp)
|
Jan. 4, 1994
|
PACER
|
30
|
Minute entry for 1/4/94: Tel Conf. re discovery dispute; it was agreed that NYS to supply Pltf. w/1989 quarterly reports from Dept. of Civil Service in same form & content as previously produced in April 1990 quarterly report, which evidently will include job classifications in 5-yr. bands; & NYS to stipulate as to authenticity of documents already produced in witness deposition as to documents originated by OMRD & Civil Service. APP: Norman Mednick for Pltf.; Robert Siegfried for Defts. Court Reporter/ECRO: None (Law Clerk - DEM) (lmp) (Entered: 01/05/1994)
|
Jan. 5, 1994
|
PACER
|
31
|
Scheduling Notice from chambers, dated 2/24/94:, set telephone Status Conference for 4:00 p.m. on 3/23/94 . (fce) (Entered: 02/24/1994)
|
Feb. 24, 1994
|
PACER
|
32
|
Minute entry: Tel. Conf. - parties to exchange expert reports by 5/15/94; reset Discovery deadline to 7/1/94, and reset Motion Filing deadline to 7/1/94 w/motions to be returnable 7/26/94 in Syr., NY; set tentative Jury Trial for 9/7/94 . APP: Norman Mednick for Pltf.; Robert Siegfried for Defts. Court Reporter/ECRO: None (Law Clerk - DEM) (lmp) (Entered: 03/23/1994)
|
March 23, 1994
|
PACER
|
|
Status conference held (lmp)
|
March 23, 1994
|
PACER
|
33
|
Letter, dted 5/17/94, from Leonard N. Flamm, Esq. for Pltf Re: defts' counsel not providing statistical expert's report and/or identity within directed time by the court. (fce) (Entered: 05/26/1994)
|
May 25, 1994
|
PACER
|
34
|
Letter response by Robert A. Siegfried, AAG, dated 5/19/94, to the letter of Leonard N. Flamm, Esq., dated 5/17/94. (fce) (Entered: 05/26/1994)
|
May 25, 1994
|
PACER
|
35
|
LETTER ORDER dated 5/24/94, in response to letters rec. from counsels Re: deft. not forwarding an Expert Witness List ( signed by Senior Judge Neal P. McCurn ) (fce) (Entered: 05/26/1994)
|
May 25, 1994
|
PACER
|
36
|
MOTION by AAG, Robert A. Siegfried counsel for New York State OMRDD, NYS Dept. of Civil for Summary Judgment, and to Dismiss . Attached are the following: rule 10(j) stataement, affidavit of William McChesney, affidavit of Barbara A. Hawes, affidavit of Arthur Y. Webb, affirmation of Robert A. Siegfried, AAG, and exhibits. Hearing set for 10:00 a.m. on 7/26/94 in Syracuse, NY. Response Deadline 7/12/94, Reply to Response Deadline 7/19/94. Motion returnable before Judge McCurn (fce) (Entered: 06/30/1994)
|
June 30, 1994
|
PACER
|
37
|
MEMORANDUM by AAG, Robert A. Siegfried for New York State OMRDD, NYS Dept. of Civil in support of [36-1] motion for Summary Judgment, [36-2] motion to Dismiss (fce) (Entered: 06/30/1994)
|
June 30, 1994
|
PACER
|
38
|
CERTIFICATE OF SERVICE by New York State OMRDD, NYS Dept. of Civilthat Robert A. Siegfried, AAG served by mail copies of the motion papers to counsel for pltf. on 6/29/94. (fce) (Entered: 07/05/1994)
|
July 5, 1994
|
PACER
|
39
|
Letter from Leonard N. Flamm, Esq., dated 7/11/94, requesting an adjournment of deft's motion from 7/26/94 to 6/20/94. (fce) (Entered: 07/13/1994)
|
July 13, 1994
|
PACER
|
40
|
Scheduling Notice from chambers, dated 7/13/94: Motion Hearing set for 9/27/94 in Syacuse re: [36-1] motion for Summary Judgment, and re: [36-2] motion to Dismiss, Response to Motion reset to 9/6/94 for [36-1] motion for Summary Judgment, and for [36-2] motion to Dismiss (fce) (Entered: 07/14/1994)
|
July 14, 1994
|
PACER
|
41
|
LETTER MOTION by Atty. Flamm for Pltfs. John L. Mete and Merrill J. Gottlieb for Permission to File Memorandum of Law Containing 40 pages. Motion returnable before Judge/Mag. Judge: McCurn (lmp) (Entered: 07/22/1994)
|
July 22, 1994
|
PACER
|
42
|
Minute entry: Motion Hearing set for 10:00 a.m. on 9/27/94 re: [36-1] motion for Summary Judgment and [36-2] motion to Dismiss . APP: None Court Reporter/ECRO: None (Law Clerk - DEM) (lmp) (Entered: 07/26/1994)
|
July 26, 1994
|
PACER
|
43
|
LETTER ORDER granting [41-1] motion for Permission to File Memorandum of Law Containing 40 pages. (signed by Senior Judge Neal P. McCurn on 7/22/94) (lmp) (Entered: 08/04/1994)
|
July 26, 1994
|
PACER
|
44
|
MEMORANDUM and Affidavit of Service by by Leonard N. Flamm, Esq. for John L. Mete, Merrill J. Gottlieb in opposition to [36-1] motion for Summary Judgment, [36-2] motion to Dismiss (fce) (Entered: 09/02/1994)
|
Sept. 2, 1994
|
PACER
|
45
|
Rule 10J Statement in which there are genuine issues w/respect to material facts of [36-1] motion for Summary Judgment, [36-2] motion to Dismiss filed by John L. Mete, Merrill J. Gottlieb (fce) (Entered: 09/02/1994)
|
Sept. 2, 1994
|
PACER
|
46
|
STATISTICAL AFFIDAVIT Dr. David F. Greenberg with affidavit of John L. Mete and Merrill J. Gottlieb, affidavit of Leonard N. Flamm, Esq., and exhibits 1-3 in Opposition Re: [36-1] motion for Summary Judgment, [36-2] motion to Dismiss (fce) (Entered: 09/02/1994)
|
Sept. 2, 1994
|
PACER
|
47
|
Additional Exhibits #1-15 relative to pltfs' opposition to defts' motion for summary judgment. (fce) (Entered: 09/02/1994)
|
Sept. 2, 1994
|
PACER
|
48
|
Letter from AAG, Robert Siegfried, dated 9/12/94, to confirm conversation granting additional time to file reply paperd to summary judgment motion, to 11/1/94. (fce) (Entered: 09/15/1994)
|
Sept. 15, 1994
|
PACER
|
|
Deadline updated; Motion Hearing set for 10:00 a.m. on 11/8/94 at Syracuse, NY re: [36-1] motion for Summary Judgment, and re: [36-2] motion to Dismiss, Reply to Response to Motion reset to 11/1/94 for [36-1] motion for Summary Judgment, and for [36-2] motion to Dismiss (fce)
|
Sept. 15, 1994
|
PACER
|
49
|
Minute entry: Motion Hearing set for 11/8/94 re: [36-1] motion for Summary Judgment and re: [36-2] motion to Dismiss ; both motions to be taken on a submit basis. APP: None Court Reporter/ECRO: K. Crewell (Law Clerk - DEM) (lmp) (Entered: 09/27/1994)
|
Sept. 27, 1994
|
PACER
|
50
|
Additional Exhibits (#16 and #17) that belong to docket #47. (fce) (Entered: 10/24/1994)
|
Oct. 21, 1994
|
PACER
|
51
|
REPLY Memorandum of Law in further support by Robert A. Siegfried, AAG for New York State OMRDD, NYS Dept. of Civil to response to [36-1] motion for Summary Judgment, [36-2] motion to Dismiss (fce) (Entered: 11/01/1994)
|
Nov. 1, 1994
|
PACER
|
52
|
AFFIDAVIT W/Exhibits A-F of Robert A. Siegfried, AAG in further support Re: [36-1] motion for Summary Judgment, [36-2] motion to Dismiss (fce) (Entered: 11/01/1994)
|
Nov. 1, 1994
|
PACER
|
53
|
Minute entry: [36-1] motion for Summary Judgment submitted, and [36-2] motion to Dismiss submitted. APP: None Court Reporter/ECRO: None (Law Clerk-DEM) (lmp) (Entered: 11/08/1994)
|
Nov. 8, 1994
|
PACER
|
54
|
AFFIDAVIT of Arthur Y. Webb in Support Re: [36-1] motion for Summary Judgment, [36-2] motion to Dismiss (fce) (Entered: 11/10/1994)
|
Nov. 9, 1994
|
PACER
|
55
|
AFFIDAVIT W/Attachment of Elin M. Howe in Support Re: [36-1] motion for Summary Judgment, [36-2] motion to Dismiss. (fce) (Entered: 11/10/1994)
|
Nov. 9, 1994
|
PACER
|
56
|
REPLY to response by Leonard N. Flamm, Esq. for pltfs Re: [36-1] motion for Summary Judgment, [36-2] motion to Dismiss. Affidavit of service is attached. (fce) (Entered: 11/21/1994)
|
Nov. 21, 1994
|
PACER
|
57
|
LETTER ORDER, directing attorneys to brief the issue concerning the court's jurisdiction in light of the Seminole Tribe case & setting the Brief deadline to 1/15/97 (signed by Senior Judge Neal P. McCurn on 12/5/96) (lmp) (Entered: 12/06/1996)
|
Dec. 6, 1996
|
PACER
|
58
|
SUPPLEMENTAL MEMORANDUM by Merrill J. Gottlieb, John L. Mete pursuant to letter order of Judge Mccurn dtd 12/5/96. (lmp) (Entered: 01/13/1997)
|
Jan. 13, 1997
|
PACER
|
59
|
SUPPLEMENTAL MEMORANDUM by NYS Dept. of Civil, New York State OMRDD pursuant to letter order of Judge McCurn dtd 12/5/96. (lmp) (Entered: 01/13/1997)
|
Jan. 13, 1997
|
PACER
|
60
|
MEMORANDUM-DECISION AND ORDER granting in part, denying in part [36-1] motion for Summary Judgment and [36-2] motion to Dismiss: court DISMISSES Pltfs' 5th cause of action under NY Human Rights Law for lack of subject matter jurisdiction & DENIES Defts' motion for summary judgment on remaining causes of action; court DENIES Defts' motions for costs, sanctions & to preclude introduction of evidence, as well as motions to dismiss certain members of opt-in class. (signed by Senior Judge Neal P. McCurn on 11/5/97) (lmp) (Entered: 11/06/1997)
|
Nov. 6, 1997
|
PACER
|
61
|
Scheduling Notice by Carole Washer, Clerk: set Telephone/ Pretrial Conference for 10:00 a.m. on 12/15/97 to dicuss status & future of this case. (lmp) (Entered: 11/13/1997)
|
Nov. 13, 1997
|
PACER
|
62
|
Scheduling Notice by Carole Washer, Clerk: terminated deadline for 12/15/97 PT Conf., adjourned w/o date ; counsel will be notified by telephone when a further conference is scheduled. (lmp) (Entered: 11/24/1997)
|
Nov. 24, 1997
|
PACER
|
63
|
NOTICE OF APPEAL by NYS Dept. of Civil, New York State OMRDD from the Memorandum-Decision and Order entered in this action on 11/6/97. FILING FEE $ 105.00 RECEIPT # 35015 Appeal record due on 12/24/97 (wjg) (Entered: 11/24/1997)
|
Nov. 24, 1997
|
PACER
|
|
Notice of appeal and certified copy of docket to USCA re: [63-1] appeal by New York State OMRDD, NYS Dept. of Civil (parties noticed). (dmf)
|
Dec. 4, 1997
|
PACER
|
64
|
LETTER from Atty. Mednick for Pltfs. dtd 11/11/97 and ORDER stating that Court never received 10/12/93 letter withdrawing 5th cause of action; Court's 11/5/97 Order dismissed such claim; Court requests that all future correspondence be sent directly to Syracuse at address set forth above. (signed by Senior Judge Neal P. McCurn on 12/15/97) (lmp) (Entered: 12/19/1997)
|
Dec. 19, 1997
|
PACER
|
65
|
Court of Appeals Scheduling Order, re: [63-1] appeal by New York State OMRDD, NYS Dept. of Civil ; Appeal record due on 2/20/98 (dmf) (Entered: 02/18/1998)
|
Feb. 10, 1998
|
PACER
|
|
Certified and transmitted index to the record on appeal to U.S. Court of Appeals: [63-1] appeal by New York State OMRDD, NYS Dept. of Civil (dmf)
|
Feb. 18, 1998
|
PACER
|
66
|
Acknowledgement of receipt of certified copy of docket entries by Clerk USCA 2nd Cir. on 2/19/98. (lmp) (Entered: 02/23/1998)
|
Feb. 23, 1998
|
PACER
|
|
USCA Case Number Re: [63-1] appeal by New York State OMRDD, NYS Dept. of Civil USCA NUMBER: 97-9543 (lmp)
|
Feb. 23, 1998
|
PACER
|
67
|
NOTICE of death of Mag. Scanlon, sent to counsel by Carole Washer, Secretary. (lmp) (Entered: 07/31/1998)
|
July 31, 1998
|
PACER
|
68
|
ORDER, action reassigned from Mag/Judge Scanlon to Mag/Judge Gustave J. DiBianco (dd 8-13-98 signed by Chief Judge Thomas J. McAvoy ) (pta) (Entered: 08/14/1998)
|
Aug. 14, 1998
|
PACER
|
|
CASE NO LONGER REFERRED TO Magistrate Judge Daniel Scanlon Jr. (pta)
|
Aug. 14, 1998
|
PACER
|
|
CASE REFERRED to Magistrate Judge Gustave J. DiBianco (pta)
|
Aug. 14, 1998
|
PACER
|
69
|
LETTER ORDER, set Pretrial Conference for 11:00 am on 2/4/99 in syracuse; parties are to be prepared thru atty. & client representatives to discuss settlement and/or trial schedule, etc. (signed by Senior Judge Neal P. McCurn on 1/5/99) (lmp) (Entered: 01/05/1999)
|
Jan. 5, 1999
|
PACER
|
70
|
REQUEST by AAG Siegfried dtd 1/14/99 and ORDER, terminated deadlines - adjourning w/o date status conf. set for 2/4/99 ; court directs Atty. Siegfried to keep court advised regarding application for certiorari. (signed by Senior Judge Neal P. McCurn on 1/20/99) (lmp) (Entered: 01/21/1999)
|
Jan. 21, 1999
|
PACER
|
71
|
REQUEST by AAG Siegfried dtd 2/3/99 and ORDER, granting request to Stay Action until determination by US Supreme Court of appeal from 11th Cir. ; AAG to promptly advise court when determination is made. (signed by Senior Judge Neal P. McCurn on 2/9/99) (lmp) (Entered: 02/10/1999)
|
Feb. 10, 1999
|
PACER
|
72
|
JUDGMENT OF USCA (certified copy) Re: [63-1] appeal by New York State OMRDD, NYS Dept. of Civil, that Order of District Court be & hereby is AFFIRMED. (lmp) (Entered: 03/22/1999)
|
March 22, 1999
|
PACER
|
73
|
LETTER ORDER, acknowledging AAG siegfried's 1/11/00 letter & directing Defts. to file motion to dismiss in conformity w/FRCP & LR, etc. (signed by Senior Judge Neal P. McCurn) (lmp) (Entered: 03/14/2000)
|
March 14, 2000
|
PACER
|
74
|
Letter of Judge McCurn dtd 4/17/00 to counsel advising that a stipulation of dismissal signed by both parties may be submitted in lieu of deft's filing a motion to dismiss as directed in the court's letter of March 9, 2000. (tjm) (Entered: 04/18/2000)
|
April 17, 2000
|
PACER
|
75
|
MANDATE OF USCA (certified copy dated 6/6/00): USCA VACATES the judgment and REMANDS it to the district court for reconsideration in light of "Kimel" and the claims of the parties (and the Intervenor) in these cases as to the effect of "Kimel". (dmf) (Entered: 06/14/2000)
|
June 12, 2000
|
PACER
|
76
|
Letter of Judge McCurn dtd 6/19/00 to counsel advising that the court has reviewed the Mandate of the Second Circuit and believes parties may still proceed with filing a stipulation of dismissal as outlined in the court's April 17th letter response to Attorney Mednick's letter of April 11th. Parties are to do so promptly if in agreement, and arrange for a telephone conference if there are further thoughts in light of the Court of Appeals mandate. (kcl) (Entered: 06/26/2000)
|
June 19, 2000
|
PACER
|
77
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STIPULATION of dismissal without prejudice by NYS Dept. of Civil, New York State OMRDD, Merrill J. Gottlieb, John L. Mete as Court lacks subject matter jurisdiction over this Age Discrimination in Employment case pursuant to Kimel v. Florida Bd. of REgents, US 120 S.Ct. 631, and ORDER approving same. (signed by SJ McCurn on 7/10/00) (lmp) (Entered: 07/12/2000)
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July 12, 2000
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PACER
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**Case closed (lmp)
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July 12, 2000
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PACER
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