1
|
ORDER, to proceed in forma pauperis. (signed by Judge Harold Baer Jr., Part I); (em) (Entered: 06/29/1999)
|
June 25, 1999
|
June 25, 1999
|
2
|
COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); (No Fees Due − I.F.P.). (em) (Entered: 06/29/1999)
|
June 25, 1999
|
June 25, 1999
|
|
Magistrate Judge Francis is so Designated. (em) (Entered: 06/29/1999)
|
June 25, 1999
|
June 25, 1999
|
3
|
INITIAL PRETRIAL CONFERENCE NOTICE; set pre−trial conference for 3:15 p.m. on 9/8/99 ( signed by Judge Allen G. Schwartz ); Copies mailed. (jp) (Entered: 07/01/1999)
|
June 30, 1999
|
June 30, 1999
|
4
|
Affidavit of service of summons and complaint as to Antonia Novello by mail on 6/28/99; Answer due on 7/19/99 for Antonia Novello. Also served copy of same on the Atty General by leaving copy with Sam Peskin. (djc) (Entered: 07/06/1999)
|
July 2, 1999
|
July 2, 1999
|
4
|
Affidavit of service as to Brian J. Wing by personally service upon defendant on 6/28/99; Answer due on 7/19/99 for Brian J. Wing. (djc) (Entered: 07/06/1999)
|
July 2, 1999
|
July 2, 1999
|
4
|
Affidavit of service of summons and complaint as to James M. McGowen by Robert Mabaras on 6/28/99; Answer due on 7/19/99 for James M. McGowen. (djc) (Entered: 07/06/1999)
|
July 2, 1999
|
July 2, 1999
|
5
|
PRETRIAL SCHEDULING ORDER: Plntfs' motion for Preliminary Injunction to be made no later than 7/16/99; Defts' response and motion to dismiss to be made no later than 7/23/99; Plntfs' response to defts' motion to be submitted by 9/3/99; Defts' reply to be submitted by 9/10/99; Sur−reply to be submitted by 9/17/99. The parties are instructed purs to Rule 16, FRCP, to meet and pursue settlement dicussions, and plntf's counsel is directed to advise Chambers ( signed by Judge Allen G. Schwartz ) ; Copies mailed (cd) (Entered: 07/23/1999)
|
July 22, 1999
|
July 22, 1999
|
6
|
Transcript of record of proceedings filed for dates of 7/12/99; before Judge Schwartz (cd) (Entered: 09/10/1999)
|
Sept. 10, 1999
|
Sept. 10, 1999
|
13
|
SUR−REPLY MEMORANDUM of LAW by Tyetta Meacham, Maria Calderon, Nery Rosado, Alejandro Urena, Anthony Young in opposition [9−1] cross motion for an order dismissing complaint and in support of [7−1] motion preliminary enjoining defendants as set forth in this motion, [7−2] motion certifying class (djc) (Entered: 09/24/1999)
|
Sept. 17, 1999
|
Sept. 17, 1999
|
7
|
NOTICE OF MOTION by Tyetta Meacham, Maria Calderon, Nery Rosado, Alejandro Urena, Anthony Young preliminary enjoining defendants as set forth in this motion and certifying class , Return date 9/17/99 w. Declaration of Richard Blum (djc) (Entered: 09/24/1999)
|
Sept. 23, 1999
|
Sept. 23, 1999
|
8
|
MEMORANDUM of LAW by Tyetta Meacham, Maria Calderon, Nery Rosado, Alejandro Urena, Anthony Young in support of [7−1] motion preliminary enjoining defendants as set forth in this motion, [7−2] motion certifying class (djc) (Entered: 09/24/1999)
|
Sept. 23, 1999
|
Sept. 23, 1999
|
9
|
NOTICE OF CROSS MOTION by Brian J. Wing, Antonia Novello, James M. McGowen for an order dismissing complaint , No Return date w. affidavit of service. (djc) (Entered: 09/24/1999)
|
Sept. 23, 1999
|
Sept. 23, 1999
|
11
|
AFFIDAVIT of Henry S.Pedicone by Brian J. Wing, Antonia Novello, James M. McGowen in opposition Re: [7−1] motion preliminary enjoining defendants as set forth in this motion, [7−2] motion certifying class. (djc) (Entered: 09/24/1999)
|
Sept. 23, 1999
|
Sept. 23, 1999
|
12
|
AFFIDAVIT of David B.AMiraian by Brian J. Wing, Antonia Novello, James M. McGowen (djc) (Entered: 09/24/1999)
|
Sept. 23, 1999
|
Sept. 23, 1999
|
14
|
REPLY MEMORANDUM of LAW by Brian J. Wing, Antonia Novello, James M. McGowen in Further Support of [9−1] cross motion for an order dismissing complaint and in opposition to [7−1] motion preliminary enjoining defendants as set forth in this motion, [7−2] motion certifying class (djc) (Entered: 09/24/1999)
|
Sept. 23, 1999
|
Sept. 23, 1999
|
15
|
REPLY MEMORANDUM of LAW by Tyetta Meacham, Maria Calderon, Nery Rosado, Alejandro Urena, Anthony Young in support of [7−1] motion preliminary enjoining defendants as set forth in this motion, [7−2] motion certifying class (djc) (Entered: 09/24/1999)
|
Sept. 23, 1999
|
Sept. 23, 1999
|
16
|
DECLARATION of Marc Cohan (djc) (Entered: 09/24/1999)
|
Sept. 23, 1999
|
Sept. 23, 1999
|
17
|
ORDER withdrawing without prejudice, [7−1] motion preliminary enjoining defendants, withdrawing without prejudice, [7−2] motion certifying class, Plaintiffs' motion will be immediately reinstated upon the Court's receipt of a written request by plaintiffs for such reinstatement . (signed by Judge Allen G. Schwartz); Copies mailed. (ri) (Entered: 10/04/1999)
|
Oct. 1, 1999
|
Oct. 1, 1999
|
18
|
NOTICE OF MOTION by Brian J. Wing, Antonia Novello, James M. McGowen; for an Order and Judgment purs. to FRCP Rule 12(b), dismissing the amended complaint for failure to state a claim upon which relief can be granted ; Return date 11/18/99 (jp) (Entered: 10/26/1999)
|
Oct. 21, 1999
|
Oct. 21, 1999
|
19
|
MEMORANDUM by Brian J. Wing, Antonia Novello, James M. McGowen in support of [18−1] motion for an Order and Judgment purs. to FRCP Rule 12(b), dismissing the amended complaint for failure to state a claim upon which relief can be granted (jp) (Entered: 10/26/1999)
|
Oct. 21, 1999
|
Oct. 21, 1999
|
20
|
MEMORANDUM by Brian J. Wing, Antonia Novello, James M. McGowen in support of [18−1] motion for an Order and Judgment purs. to FRCP Rule 12(b), dismissing the amended complaint for failure to state a claim upon which relief can be granted (jp) (Entered: 10/26/1999)
|
Oct. 21, 1999
|
Oct. 21, 1999
|
21
|
AMENDED CLASS ACTION COMPLAINT by Tyetta Meacham, Maria Calderon, Nery Rosado, Alejandro Urena, Anthony Young (Answer due 11/16/99 for James M. McGowen, for Antonia Novello, for Brian J. Wing ) amending [2−1] complaint against Robert Cooper, Oksana Yakubova, Bella Gurok; Summons issued. (sn) (Entered: 11/08/1999)
|
Nov. 3, 1999
|
Nov. 3, 1999
|
22
|
MEMORANDUM OF LAW by Tyetta Meacham, Maria Calderon, Nery Rosado, Alejandro Urena, Anthony Young, Robert Cooper, Oksana Yakubova, Bella Gurok in opposition to [18−1] motion for an Order and Judgment purs. to FRCP Rule 12(b), dismissing the amended complaint for failure to state a claim upon which relief can be granted (sac) (Entered: 11/12/1999)
|
Nov. 10, 1999
|
Nov. 10, 1999
|
23
|
Transcript of record of proceedings before Judge Allen G. Schwartz for the date(s) of 9/30/99. (sl) (Entered: 11/17/1999)
|
Nov. 17, 1999
|
Nov. 17, 1999
|
24
|
OPINION and ORDER #83198, granting in part, denying in part [18−1] motion for an Order and Judgment purs. to FRCP Rule 12(b), dismissing the amended complaint for failure to state a claim upon which relief can be granted; Plaintiffs' claims are dismissed to the extent that they arise under New York State law. In all other respects, defendants' motion to dismiss is denied ; (signed by Judge Allen G. Schwartz); Copies mailed. (djc) (Entered: 12/10/1999)
|
Dec. 10, 1999
|
Dec. 10, 1999
|
26
|
Transcript of record of proceedings before Judge Allen G. Schwartz for the date(s) of 11/18/99. (jp) (Entered: 01/07/2000)
|
Jan. 7, 2000
|
Jan. 7, 2000
|
27
|
ANSWER to Amended Complaint by Brian J. Wing, Antonia Novello, James M. McGowen (Attorney Jose L. Velez from the Firm: Eliot Spitzer Attny. Gen. of the State of N.Y.) (ls) (Entered: 01/18/2000)
|
Jan. 14, 2000
|
Jan. 14, 2000
|
28
|
Memo−Endorsement on letter addressed to Judge Schwartz from Ian F. Feldman, dated 2/24/00; Re: Catalina Cruz seeks to intervene in this action, purs. to FRCP 24(b). Permission to serve and file motion to intervene is granted without need for pre−motion conference. Such motion shall be served and responded to on the same schedule as the motion for class certification. ( signed by Judge Allen G. Schwartz ); Copies mailed. (sac) (Entered: 03/06/2000)
|
March 6, 2000
|
March 6, 2000
|
29
|
Memo−Endorsement on letter addressed to Judge Schwartz from Ian F. Feldman, dated 3/13/00; discovery closes in this action on 7/28/00 ; 9/15/00: pltffs will serve their motion for class certification and leave to intervene; defts will serve their motion for summary judgment; the motions will be returnable on 10/31/00; 10/13/00: pltffs will serve their papers in opposition to defts' motion for summary judgment; defts will serve their papers in opposition to pltffs' motion for class certification and leave to intervene; 10/31/00: pltffs and defts will serve their reply papers. ( signed by Judge Allen G. Schwartz ); Copies mailed. (sac) (Entered: 03/17/2000)
|
March 16, 2000
|
March 16, 2000
|
30
|
Memo−Endorsement on letter addressed to Judge Schwartz from Ian F. Feldman, dated 6/29/00; granting the parties an extension of time until 7/11/00 to submit a joint letter and proposed stipulation of confidentiality. ( signed by Judge Allen G. Schwartz ); Copies mailed. (sac) (Entered: 06/30/2000)
|
June 30, 2000
|
June 30, 2000
|
31
|
MEMORANDUM ORDER; that, with regard to the Stipulation of confidentiality, the Court Orders the parties to use pltffs' definition of "confidential information" as part of the Stipulation of Confidentiality and Order ; with regard to correspondence between the City of New York Human Resources Administration, defts shall disclose each of the documents set forth on this Memorandum Order to pltffs. However, defts may redact the documents to avoid disclosure of material that would not qualify for disclosure under the previous guidelines set forth by this Court, or which is not otherwise discoverable under Rule 26(b). However, defts shall not redact information related to procedures used at fair hearings, decisions issued by administrative law judges, possible problems associated with the hearing process, or the receipt (or non−receipt) of mail by benefit recipients. Any discussion of the instant action contained in these documents may be excluded under the work product doctrine . ( signed by Judge Allen G. Schwartz ); Copies mailed. (jp) (Entered: 07/27/2000)
|
July 27, 2000
|
July 27, 2000
|
32
|
STIPULATION and ORDER; regarding procedures that will govern the handling of "Confidential Information" . ( signed by Judge Allen G. Schwartz ) (pl) (Entered: 08/02/2000)
|
Aug. 2, 2000
|
Aug. 2, 2000
|
33
|
Transcript of record of proceedings before Judge Allen G. Schwartz for the date(s) of 6/5/00. (jp) (Entered: 08/03/2000)
|
Aug. 3, 2000
|
Aug. 3, 2000
|
34
|
Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for discovery motion or other motion which does not require a report and recommendation; (signed by Judge Allen G. Schwartz) Referred to Magistrate Judge James C. Francis IV. (djc) (Entered: 10/24/2000)
|
Oct. 24, 2000
|
Oct. 24, 2000
|
35
|
Transcript of record of proceedings before Judge Allen G. Schwartz for the date(s) of 10/19/00. (db) (Entered: 12/28/2000)
|
Dec. 28, 2000
|
Dec. 28, 2000
|
36
|
Memo−Endorsement on letter addressed to Magistrate Judge Francis from Marc Cohan, dated 1/5/01; pltffs request that this Court direct the State defts and their expert to meet with pltffs and their expert in advance of the 1/19/01 Court conference; while an order is not warranted, the parties are encouraged to meet with the experts prior to the court conference; if it is helpful, the Court will delay its conference until the afternoon ( signed by Magistrate Judge James C. Francis IV ); Copies mailed. (lam) (Entered: 01/09/2001)
|
Jan. 8, 2001
|
Jan. 8, 2001
|
|
Pretrial Conference held before Magistrate Judge James C. Francis IV . (jp) (Entered: 01/25/2001)
|
Jan. 19, 2001
|
Jan. 19, 2001
|
|
Pretrial Conference held before Magistrate Judge James C. Francis IV. Contested Issue. (sac) (Entered: 02/07/2001)
|
Feb. 5, 2001
|
Feb. 5, 2001
|
|
Pretrial Conference held before Magistrate Judge James C. Francis IV . (jp) (Entered: 02/23/2001)
|
Feb. 9, 2001
|
Feb. 9, 2001
|
37
|
ORDER, regarding the Court's decision concerning several discovery issues present to it by letters and at several pretrial conference . ( signed by Magistrate Judge James C. Francis IV ); Copies mailed. (kw) (Entered: 02/14/2001)
|
Feb. 13, 2001
|
Feb. 13, 2001
|
38
|
Memo−Endorsement on letter addressed to Judge Schwartz from Ian F. Feldman, dated 3/8/01; granting the parties request that pltffs' time to respond to defts' opposition to Chief Magistrate Judge Francis' 2/9/01 discovery order is extended to 3/12/01, and defts' time to reply is extended to 3/16/01. ( signed by Judge Allen G. Schwartz ); Copies mailed. (sac) (Entered: 03/12/2001)
|
March 9, 2001
|
March 9, 2001
|
39
|
Memo−Endorsement on letter addressed to Judge Schwartz from Ian F. Feldman, dated 3/12/01; granting counsel for pltff's request for an extension of time to 3/19/01 to reply to defts response to Mag. Judge Francis' 2/9/01 discovery order ; ( signed by Judge Allen G. Schwartz ); Copies mailed. (lf) (Entered: 03/14/2001)
|
March 13, 2001
|
March 13, 2001
|
40
|
Transcript of record of proceedings before Judge Allen G. Schwartz for the date(s) of 2/14/01. (moc) (Entered: 04/11/2001)
|
April 11, 2001
|
April 11, 2001
|
41
|
SECOND STIPULATION of CONFIDENTIALITY and ORDER, regarding procedures that shall govern the handling of Confidential Information" and "Confidential Documents" . ( signed by Judge Allen G. Schwartz ) (ae) (Entered: 05/08/2001)
|
May 8, 2001
|
May 8, 2001
|
42
|
Transcript of record of proceedings before Judge Allen G. Schwartz for the date(s) of 4/11/01 @2:20 p.m. (kg) (Entered: 05/30/2001)
|
May 30, 2001
|
May 30, 2001
|
43
|
Memo−Endorsement on letter addressed to Judge Schwartz from Ian F. Feldman, dated 6/19/01; granting counsel for the parties request for approval of the schedule as follows: pltffs will complete all discovery, including depositions by 12/31/01, pltffs will serve defts by hand delivery the results of their discovery by 12/31/01, defts will complete their review of pltffs discovery and complete their own discovery by 2/15/02; defs will serve a motion for summary judgment by 3/29/02. If pltffs decide to move for summary judgment, they will serve their motion by 3/29/02, pltffs and defts will serve their responses to or opposition to the motions for summary judgment by 4/19/02; pltffs and defts will serve replies by 4/26/02; service of all motions will be by Hand Delivery . ( signed by Judge Allen G. Schwartz ); Copies mailed. (jp) (Entered: 06/25/2001)
|
June 21, 2001
|
June 21, 2001
|
44
|
Transcript of record of proceedings before Judge Allen G. Schwartz for the date(s) of 6/11/01. (yv) (Entered: 08/03/2001)
|
Aug. 3, 2001
|
Aug. 3, 2001
|
45
|
Memo−Endorsement on letter addressed to Judge Schwartz from Ian F. Feldman, dated 12/5/01; granting counsel for pltffs' request for a postponement of the schedule for the completion of discovery and filing of motions as follows: Pltffs will complete discovery, including depositions, by 2/15/02 . Pltffs will serve defts by hand delivery the results of their discovery . Defts will complete their review of deft's discovery and complete their own discovery by 3/31/02. Defts will serve a motion for summary judgment by 4/30/02. If pltffs decide to move for summary judgment, they will serve their motion by 4/30/02. Pltffs and defts will serve their response(s) to or opposition to the motion(s) for summary judgment by 5/17/02. Pltffs and defts will serve their replies by 5/31/02. Service of all motions will be by hand delivery . ( signed by Judge Allen G. Schwartz ); Copies mailed. (sn) (Entered: 12/10/2001)
|
Dec. 7, 2001
|
Dec. 7, 2001
|
46
|
Memo−Endorsement on letter addressed to Judge Schwartz from Jose L. Velez, dated 12/7/01; granting in full pltffs' request for an extension of the discovery deadline until 2/15/02. ( signed by Judge Allen G. Schwartz ); Copies mailed. (sac) (Entered:
|
Dec. 11, 2001
|
Dec. 11, 2001
|
48
|
Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for discovery disputes. Referred to Magistrate Judge James C. Francis IV. red pursuant to 28 USC 636(b)(1)(B) a report and recommendation shall be returned to the undersigned within ninety days unless for good cause shown the period is extended by the court. ( signed by Judge Allen G. Schwartz ) (rag) (Entered: 08/08/2002)
|
Aug. 7, 2002
|
Aug. 7, 2002
|
|
Discovery Conference held before Magistrate Judge Theodore H. Katz. Ruling issued on Amtraian document production. (yv) (Entered: 08/16/2002)
|
Aug. 12, 2002
|
Aug. 12, 2002
|
49
|
Transcript of record of proceedings before Judge Allen G. Schwartz for the date(s) of July 12, 2002. (jw) (Entered: 09/05/2002)
|
Sept. 5, 2002
|
Sept. 5, 2002
|
50
|
NOTICE OF MOTION by Brian J. Wing, Antonia Novello, James M. McGowen for summary judgment purs to FRCP 56(b) dismissing the amended complaint ; Return Date 12/20/02 (cd) (Entered: 10/15/2002)
|
Oct. 8, 2002
|
Oct. 8, 2002
|
50
|
RULE 56.1 STATEMENT filed by Brian J. Wing, Antonia Novello, James M. McGowen (cd) (Entered: 10/15/2002)
|
Oct. 8, 2002
|
Oct. 8, 2002
|
51
|
AFFIDAVIT of Sebastian Addamo by Brian J. Wing, Antonia Novello, James M. McGowen in support of [50−1] motion for summary judgment purs to FRCP 56(b) dismissing the amended complaint . (cd) (Entered: 10/15/2002)
|
Oct. 8, 2002
|
Oct. 8, 2002
|
52
|
AFFIDAVIT of Jose Velez by Brian J. Wing, Antonia Novello, James M. McGowen in support of [50−1] motion for summary judgment purs to FRCP 56(b) dismissing the amended complaint . (cd) (Entered: 10/15/2002)
|
Oct. 8, 2002
|
Oct. 8, 2002
|
53
|
AFFIDAVIT of Jose Velez by Brian J. Wing, Antonia Novello, James M. McGowen in support of [50−1] motion for summary judgment purs to FRCP 56(b) dismissing the amended complaint . (cd) (Entered: 10/15/2002)
|
Oct. 8, 2002
|
Oct. 8, 2002
|
54
|
AFFIDAVIT of Henry Pedicone by Brian J. Wing, Antonia Novello, James M. McGowen in support of [50−1] motion for summary judgment purs to FRCP 56(b) dismissing the amended complaint; accompanied by 5 volumes of exhibits (cd) (Entered: 10/15/2002)
|
Oct. 8, 2002
|
Oct. 8, 2002
|
55
|
MEMORANDUM OF LAW by Brian J. Wing, Antonia Novello, James M. McGowen in support of [50−1] motion for summary judgment purs to FRCP 56(b) dismissing the amended complaint . (cd) (Entered: 10/15/2002)
|
Oct. 8, 2002
|
Oct. 8, 2002
|
56
|
Memo−Endorsement on letter addressed to Judge Schwartz from Ian F. Feldman, dated 10/30/02. Re:, counsel for pltff's are requesting a 10 page increase for leave to file one 60 page memorandum of law, due to the complex legal issues further set forth in said endorsed letter. Application granted , plaintiffs also request that this letter be considered a written request for reinstatement of pltff's motion for class certification. Application granted . ( signed by Judge Allen G. Schwartz ); Copies mailed by Chambers. (db) (Entered: 11/04/2002)
|
Oct. 31, 2002
|
Oct. 31, 2002
|
57
|
Memo−Endorsement on letter addressed to Judge Schwartz from Jose L. Velez, dated 10/31/02; granting defts' request to file a 60 page memorandum of law in chief in opposition to defts' motion for summary judgment and in support of their own motion. ( signed by Judge Allen G. Schwartz ); (sac) (Entered: 11/04/2002)
|
Nov. 1, 2002
|
Nov. 1, 2002
|
58
|
Memo−Endorsement on letter addressed to Judge Schwartz from Ian F. Feldman, dated 11/1/02: Sur−reply of 10 pages granted. Plaintiffs class certificate motion shall be held in abeyance granting the determination of defendants motion for summary judgment . ( signed by Judge Allen G. Schwartz ); Copies mailed by Chambers. (tp) (Entered: 11/06/2002)
|
Nov. 4, 2002
|
Nov. 4, 2002
|
60
|
NOTICE OF MOTION (filed on service date) by Kiyokie Cortes, Catalina Cruz, Angel Ivel, Arlene Edelstein for an order, purs. to FRCP 24(b), permitting Kiyokie Cortes, Catalina Cruz, Angel Ivel, and Arlene Edelstein to intervene as plaintiffs, on the ground that their claims and the claims in the main action have questions of law or fact in common . No Return Date. Affirmation of Ian F. Feldman attached. (sb) Modified on 11/13/2002 (Entered: 11/13/2002)
|
Nov. 7, 2002
|
Nov. 7, 2002
|
59
|
SEALED DOCUMENT placed in vault. (js) (Entered: 11/08/2002)
|
Nov. 8, 2002
|
Nov. 8, 2002
|
61
|
MEMORANDUM OF LAW by Tyetta Meacham, Maria Calderon, Nery Rosado, Alejandro Urena, Anthony Young, Robert Cooper, Oksana Yakubova, Bella Gurok, Kiyokie Cortes, Catalina Cruz, Angel Ivel, Arlene Edelstein in support of [60−1] motion for an order, purs. to FRCP 24(b), permitting Kiyokie Cortes, Catalina Cruz, Angel Ivel, and Arlene Edelstein to intervene as plaintiffs, on the ground that their claims and the claims in the main action have questions of law or fact in common . (sb) (Entered: 11/13/2002)
|
Nov. 8, 2002
|
Nov. 8, 2002
|
62
|
Memo−Endorsement on letter addressed to Judge Schwartz from Jose L. Velez, dated 11/12/02. Re: counsel for dfts request that pltffs' motion for leave to intervene be similarly held in abeyance pending this Court's determination of dfts' motion for summary judgment. Dfts objection to the motion to intervene being made at this time is consistant with the Court's ruling that such motion should be made at the time the class certification is made and that both such motions should await the decision or the motion for summary judgment . ( signed by Judge Allen G. Schwartz ); Copies Mailed by Chambers. (db) Modified on 11/21/2002 (Entered: 11/21/2002)
|
Nov. 19, 2002
|
Nov. 19, 2002
|
63
|
Memo−Endorsement on letter addressed to Judge Schwartz from Jose L. Velez, dated 11/21/02: Granting defendants' request for extension of time until 2/18/02 to submit their reply papers in further support of their [50−1] motion for summary judgment purs to FRCP 56(b) dismissing the amended complaint . ( signed by Judge Allen G. Schwartz ). (tp) (Entered: 11/26/2002)
|
Nov. 25, 2002
|
Nov. 25, 2002
|
64
|
AFFIDAVIT of Sebastian Addamo in opposition to plaintiffs' motion for summary judgment and in further support of [50−1] motion for summary judgment purs to FRCP 56(b) dismissing the amended complaint. (jco) (Entered: 01/08/2003)
|
Jan. 7, 2003
|
Jan. 7, 2003
|
65
|
AFFIDAVIT of Russell Hanks in opposition to Plaintiffs' motion for summary judgment and in further support of [50−1] motion for summary judgment purs to FRCP 56(b) dismissing the amended complaint. (jco) (Entered: 01/08/2003)
|
Jan. 7, 2003
|
Jan. 7, 2003
|
66
|
Defendants' REPLY MEMORANDUM in opposition to plaintiffs' motion for summary judgment and in further support of defendants' motion for summary judgment. (jco) (Entered: 01/08/2003)
|
Jan. 7, 2003
|
Jan. 7, 2003
|
67
|
DECLARATION of Jose L. Velez in support Re: [50−1] motion for summary judgment purs to FRCP 56(b) dismissing the amended complaint. (jco) (Entered: 01/08/2003)
|
Jan. 7, 2003
|
Jan. 7, 2003
|
69
|
RESPONSE by Brian J. Wing, Antonia Novello, James M. McGowen to plaintiffs' Statement pursuant to Local Civil Rules 56.1. (jco) (Entered: 01/08/2003)
|
Jan. 7, 2003
|
Jan. 7, 2003
|
68
|
SEALED DOCUMENT placed in vault. (dcap) (Entered: 01/27/2003)
|
Jan. 7, 2003
|
Jan. 7, 2003
|
70
|
SEALED DOCUMENT placed in vault. (wv) (Entered: 01/31/2003)
|
Jan. 31, 2003
|
Jan. 31, 2003
|
72
|
Notice of Case reassignment to Judge Sidney H. Stein . Copy of notice and judge's rules mailed to Attorney(s) of record: Ian F. Feldman, Jose L. Velez, Patrick J. Horvath, Susan R. Sternberg, Warren B. Scharf, Esperanza Colon, Steven Godeski, Marshall Green, Richard E. Blum, Scott R. Rosenberg, Helaine M. Barnett, Rebecca Lynn Scharf, Marc Cohan, Henry A. Freedman, Matthew Schneider, Yisroel Schulman . (gf) (Entered: 04/23/2003)
|
April 16, 2003
|
April 16, 2003
|
71
|
REPLY DECLARATION of Marc Cohen by Tyetta Meacham, Maria Calderon, Nery Rosado, Alejandro Urena, Anthony Young, Robert Cooper, Oksana Yakubova, Bella Gurok in support in further support of pltffs motion for summary judgment. (db) (Entered: 04/23/2003)
|
April 21, 2003
|
April 21, 2003
|
73
|
REPLY DECLARATION of Richard Blum by Tyetta Meacham, Maria Calderon, Nery Rosado, Alejandro Urena, Anthony Young, Robert Cooper, Oksana Yakubova, Bella Gurok in further support of pltff motion for summary judgment. (db) (Entered: 04/23/2003)
|
April 21, 2003
|
April 21, 2003
|
75
|
DECLARATION of Ian F. Feldman by Tyetta Meacham, Maria Calderon, Nery Rosado, Alejandro Urena, Anthony Young, Robert Cooper, Oksana Yakubova, Bella Gurok in opposition Re: [50−1] motion for summary judgment purs to FRCP 56(b) dismissing the amended complaint and in support of pltff motion for summary judgment. (db) (Entered: 04/23/2003)
|
April 21, 2003
|
April 21, 2003
|
76
|
ORDER, dismissing, without prejudice, [60−1] motion for an order, purs. to FRCP 24(b), permitting Kiyokie Cortes, Catalina Cruz, Angel Ivel, and Arlene Edelstein to intervene as plaintiffs, on the ground that their claims and the claims in the main action have questions of law or fact in common, dismissing, without prejudice, [50−1] motion for summary judgment purs to FRCP 56(b) dismissing the amended complaint, set pretrial conference for 9:00 a.m. on 11/13/03 . ( signed by Judge Sidney H. Stein ); (kw) (Entered: 09/29/2003)
|
Sept. 25, 2003
|
Sept. 25, 2003
|
77
|
Order that case be referred to the Clerk of Court for assignment to Magistrate Judge Francis for Settlement. ( signed by Judge Sidney H. Stein ) (tp) (Entered: 10/08/2003)
|
Oct. 7, 2003
|
Oct. 7, 2003
|
78
|
Memo−Endorsement on letter addressed to Judge Sidney H. Stein from Ian F. Feldman, dated 11/10/03; the conference is adjourned to 12/19/03 at 10:00 A.M. ( signed by Judge Sidney H. Stein ); (sac) (Entered: 11/17/2003)
|
Nov. 13, 2003
|
Nov. 13, 2003
|
79
|
NOTICE OF CASE REASSIGNMENT to Judge P. Kevin Castel. Judge Sidney H. Stein no longer assigned to the case. (gf, ) (Entered: 01/07/2004)
|
Dec. 18, 2003
|
Dec. 18, 2003
|
|
Minute Entry for proceedings held before Judge P. Kevin Castel : Interim Pretrial Conference held on 12/19/2003. The parties are present. The parties will continue their settlement negotiations. Next Pretrial Conference set for 2/27/2004 10:15 AM before P. Kevin Castel. The parties will prepare and submit a new scheduling order prior to 02/27/04. (jeh, ) (Entered: 01/15/2004)
|
Dec. 19, 2003
|
Dec. 19, 2003
|
|
Minute Entry for proceedings held before Judge P. Kevin Castel : Status Conference held on 12/19/2003. (jeh, ) (Entered: 01/21/2004)
|
Dec. 19, 2003
|
Dec. 19, 2003
|
80
|
ENDORSED LETTER addressed to Judge Castel from Counsel for both Parties dated 2/23/04 re: 1. There is no pending summary judgment motion according too my heading of the docket sheet (see Docket Entry 76, 9/25/03). if defendants wish to refile a new motion for summary judgment, they may do so by serving and filing a new notice of motion. Prior briefs and affidavits may be relied upon. 2. Fact discovery is closed. 3. All expert designations and all expert discovery to be completed by 4/30/04. Parties should arrange their own time periods within that parameter and present it to the Court of the 2/27/04 conference. (Signed by Judge P. Kevin Castel on 2/23/04) Copies Faxed By Chambers.(tp, ) (Entered: 02/25/2004)
|
Feb. 24, 2004
|
Feb. 24, 2004
|
|
Minute Entry for proceedings held before Judge P. Kevin Castel : Interim Pretrial Conference held on 2/27/2004. (dle, ) (Entered: 03/02/2004)
|
Feb. 27, 2004
|
Feb. 27, 2004
|
|
Minute Entry for proceedings held before Judge P. Kevin Castel : Interim Pretrial Conference held on 2/27/2004. (dle, ) (Entered: 03/02/2004)
|
Feb. 27, 2004
|
Feb. 27, 2004
|
81
|
ENDORSED LETTER addressed to Judge P. Kevin Castel from Vincent Leong dated 3/30/04 re: counsel for defendants request an extension of time for them to file their motion for summary judgment until 4/14/04 and that plaintiffs response be adjourned to 5/14/04. The applicaiton to adjust the briefing schedule as set forth in Mr. Leong's letter is GRANTED. The scope of the motions have been tailored and Mr. Leong's request for a 60 page brief−−more than double the usual page limit is DENIED without prejudice to explaining why such an extraordinary length is now required in light of the narrowing of the issues. (Signed by Judge P. Kevin Castel on 3/31/04) Copies Faxed by Chambers.(db, ) (Entered: 04/02/2004)
|
March 31, 2004
|
March 31, 2004
|
|
Set Deadlines/Hearings: Motions due by 4/14/2004. Responses due by 5/14/2004 (db, ) (Entered: 04/02/2004)
|
March 31, 2004
|
March 31, 2004
|
82
|
ENDORSED LETTER addressed to Judge P. Kevin Castel from Vincent Leong dated 4/13/04 re: dfts request with plaintiffs' counsel consent, permission to submit a memorandum of law in support of dft's motion for summary judgment (currently due 4/14/04); the parties are directed to appear before me on 4/19/04 @11:00 a.m. There appears to be fundamental misunderstanding of the forthcoming motion. Prior to and at our last conference 2/27/04, plaintiffs expressed a desire to refile their summary judgment motion and dfts expressed a desire to refile their summary judgment motion. We recessed to permit the parties to confer privately. thereafter, it was agreed that I would set a trial date of 9/7/04.that the summary judgment motions would not be refiled at that defendants would present their legal defenses by way of motion... specifically, I recall Mr. Leong referring to an 11th argument, Mr. Leong?s letter of 4/13/04 appears to proceed from the premise that none of the foregoing transpired on 2/27. His requests is denied. (Signed by Judge P. Kevin Castel on 4/14/04) (pl, ) Modified on 4/19/2004 (pl, ). (Entered: 04/19/2004)
|
April 14, 2004
|
April 14, 2004
|
83
|
ENDORSED LETTER addressed to Judge P. Kevin Castel from Vincent Leong dated 4/16/04 re: granting NYS Attorney General's request for confirmation of the following pursuant to 4/14/04 telephone conference: dfts' resubmission of their summary judgment motion 4/21/04; plaintiffs' opposition would be due 5/21/04 and dfts' reply due 6/4/04; the court also extended the page limitation to 40 pages for dfts' memorandum of law and plaintiffs' opposing memorandum of law and 20 pages for dfts' reply memo, also granting request that the court vacate the 4/19/04 conference date. (Signed by Judge P. Kevin Castel on 4/16/04) (dle, ) (Entered: 04/20/2004)
|
April 19, 2004
|
April 19, 2004
|
|
Set/Reset Deadlines: Motions due by 4/21/2004. Replies due by 6/4/2004. Responses due by 5/21/2004 (dle, ) (Entered: 04/20/2004)
|
April 19, 2004
|
April 19, 2004
|
84
|
NOTICE OF MOTION for Summary Judgment &dismiss the amended complt.attached Local Rule 56.1 statement of material facts. (nite dep. box) Document filed by James M. McGowen, Antonia Novello, Brian J. Wing. Return Date set for 6/11/2004. (pa, ) (Entered: 04/27/2004)
|
April 26, 2004
|
April 26, 2004
|
85
|
MEMORANDUM OF LAW in Support re: 84 MOTION for Summary Judgment. (nite dep. box). Document filed by James M. McGowen, Antonia Novello, Brian J. Wing. (pa, ) (Entered: 04/27/2004)
|
April 26, 2004
|
April 26, 2004
|
86
|
ENDORSED LETTER addressed to Judge P. Kevin Castel from Marc Cohan dated 4/23/04 re: Counsel for plaintiffs writes to request that the Court dismiss defendants' motion for summary judgment, with leave to refile within 10 days upon condition that the motion is limited solely to legal defenses. Defendants are will aware of the representation they have made to the Court as to the scope of their motion. If they have exceeded the scope of their representation, then I will address it in my ruling on the motion. Plaintiffs should respond in accordance with the existing schedule. As I understand what I will be reading from defendants it will ask me to assume arguendo ad solo for the purposes of the motion that plaintiffs' facts are true. So Ordered (Signed by Judge P. Kevin Castel on 4/23/04) (jco, ) Modified on 4/27/2004 (jco, ). (Entered: 04/27/2004)
|
April 26, 2004
|
April 26, 2004
|
87
|
NOTICE of Change of Address by Robert Cooper, Bella Gurok, Tyetta Meacham, Nery Rosado, Alejandro Urena, Oksana Yakubova, Anthony Young. New Address: New York Legal Assistance Group, 450 West 33rd Street, 11th Floor, New York, New York, 10001, (212) 750−0800. (dle, ) (Entered: 05/13/2004)
|
May 11, 2004
|
May 11, 2004
|
88
|
PLAINTIFFS' RULE 56.1(a) STATEMENT. Document filed by Maria Calderon, Robert Cooper, Bella Gurok, Tyetta Meacham, Nery Rosado, Alejandro Urena, Oksana Yakubova, Anthony Young. (db, ) (Entered: 05/24/2004)
|
May 21, 2004
|
May 21, 2004
|
89
|
MEMORANDUM OF LAW in Opposition re: 84 Motion for Summary Judgment. Document filed by Maria Calderon, Robert Cooper, Bella Gurok, Tyetta Meacham, Nery Rosado, Alejandro Urena, Oksana Yakubova, Anthony Young. (db, ) Modified on 5/24/2004 (db, ). (Entered: 05/24/2004)
|
May 21, 2004
|
May 21, 2004
|
90
|
DECLARATION of Ian F. Feldman in Opposition of defendants 84 MOTION for Summary Judgment. Document filed by Maria Calderon, Robert Cooper, Bella Gurok, Tyetta Meacham, Nery Rosado, Alejandro Urena, Oksana Yakubova, Anthony Young. (db, ) (Entered: 05/24/2004)
|
May 21, 2004
|
May 21, 2004
|