Roache v. Long Island Rail Road et al
New York Eastern District Court | |
Judge: | Eric N Vitaliano |
Referred: | Ramon E Reyes, Jr |
Case #: | 1:18-cv-06443 |
Nature of Suit | 442 Civil Rights - Employment |
Cause | 42:1981 Job Discrimination (Race) |
Case Filed: | Nov 13, 2018 |
Terminated: | Jun 16, 2021 |
Last checked: Sunday May 12, 2019 6:11 AM EDT |
Defendant
John Hanania
22 Eliot Drive
Lake Grove, NY 11755 |
Represented By
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Defendant
Michael Juchem
14 Lewis Road
Pound Ridge, NY 10576 |
Represented By
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Defendant
Long Island Railroad
a/o Metropolitan Transit Authority Jamaica Station Building
Jamaica, NY 11435 |
Represented By
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Defendant
Christopher Natale
46 Imperial Drive
Selden, NY 11784 |
Represented By
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Defendant
Charles Tator
54 Peachtree Court
Holtsville, NY 11742 |
Represented By
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Defendant
Brotherhood of the Railroad Signalmen Local 56
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Represented By
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Defendant
James Sokolowski
12 Avenue C
Holbrook, NY 11741 |
Represented By
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Plaintiff
Magwin Roache
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Represented By
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Docket last updated: 4 hours ago |
Wednesday, June 16, 2021 | ||
47 | 47
![]() ORDER DISMISSING CASE: IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs and Defendants, through their undersigned counsel, that, pursuant to Rule 41 (a)( l) of the Federal Rules of Civil Procedure. the above-captioned action shall be dismissed in its entirety, with prejudice, as against defendant LIRR and with no award of attorney's fees, costs or disbursements by the Court to any party. So Ordered by Judge Eric N. Vitaliano on 6/16/2021. (Herrera, Isaiah) |
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Tuesday, June 15, 2021 | ||
46 | 46
![]() STIPULATION of Dismissal by Magwin Roache (Albanese, Joseph) |
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order
Status Report Order
Tue 06/15 12:03 PM
ORDER: Plaintiff is directed to file a Stipulation of Dismissal with Defendants Brotherhood of the Railroad Signalmen Local 56, Christopher Natale, and James Sokolowski by 7/2/2021. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 6/15/2021. (Vertus, Miriam) |
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Monday, May 24, 2021 | ||
45 | 45
![]() Order Dismissing Parties: IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiffs and Defendants, through their undersigned counsel, that pursuant to Rule 41 (a)( l) of the Federal Rules of Civil Procedure. the above-captioned action shall be dismissed in its entirety with prejudice as against defendant LIRR and with no award of attorney's fees, costs or disbursements by the Court to any party. Party Long Island Railroad terminated. SoOrdered by Judge Eric N. Vitaliano on 5/24/2021. (Herrera, Isaiah) |
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Friday, May 21, 2021 | ||
44 | 44
![]() STIPULATION of Dismissal by Long Island Railroad (McCaffrey, Kevin) |
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Friday, April 23, 2021 | ||
43 | 43
![]() MOTION to Adjourn Conference by Long Island Railroad. (McCaffrey, Kevin) |
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order
Order on Motion to Adjourn Conference ~Util - Set Deadlines 1 - Terminate Deadlines and Hearings
Fri 04/23 2:28 PM
ORDER granting43 Motion to Adjourn Conference. The conferences 4/29/21 and 8/3/21 previously scheduled before Magistrate Judge Reyes are cancelled. The parties have 45 days to file the stipulation of settlement no later than 6/7/2021. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 4/23/2021. (Vertus, Miriam) |
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Friday, December 04, 2020 | ||
42 | 42
![]() STATUS REPORT by Long Island Railroad (McCaffrey, Kevin) |
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order
Order(Other) ~Util - Set Deadlines/Hearings 1 - Terminate Deadlines and Hearings
Fri 12/04 4:34 PM
ORDER granting re42 Status Report filed by Long Island Railroad. Further extensions will not be granted. REVISED DISCOVERY SCHEDULE: Discovery is extended until 7/30/2021. Final Pretrial Conference set for 8/3/2021 at 10:30 AM in Courtroom 13D South before Magistrate Judge Ramon E. Reyes, Jr., Telephone Conference set for 4/29/2021 at 12:00 PM before Magistrate Judge Ramon E. Reyes Jr. The parties are directed to use the AT&T toll-free number 1-888-684-8852 and access code 5496961# to participate in the scheduled telephone conference. The parties shall adhere to the assigned District Judge Eric N. Vitaliano's Individual Rules of Practice before serving the motion for summary judgment. (See document42 for other deadlines). Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/4/2020. (Vertus, Miriam) TEXT ADDED on 12/4/2020 (Vertus, Miriam) |
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Wednesday, November 25, 2020 | ||
41 | 41
![]() Letter by Brotherhood of the Railroad Signalmen Local 56, Christopher Natale, James Sokolowski (Edelman, Richard) |
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Tuesday, November 17, 2020 | ||
order
Status Report Order
Tue 11/17 1:23 PM
ORDER The plaintiff will file an Amended Complaint by October 15, 2020. Any named defendant will respond by November 4, 2020. The parties will then confer as to the possibility of mediation as well as a discovery plan. By December 4, 2020, the parties will submit a joint status report with a proposal (or, if they cannot agree, competing proposals) for moving the litigation forward, including whether the parties seek a settlement conference or referral to mediation as well as a proposed discovery schedule. The court will schedule further proceedings as appropriate after reviewing the status report. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 11/17/2020. (Vertus, Miriam) |
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Tuesday, November 10, 2020 | ||
utility
Case Assigned/Reassigned
Tue 11/10 4:40 PM
Case Reassigned to Magistrate Judge Ramon E. Reyes, Jr. Magistrate Judge James Orenstein no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Mahoney, Brenna) |
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Thursday, October 29, 2020 | ||
40 | 40
![]() ANSWER to6 Amended Complaint by Long Island Railroad. (McCaffrey, Kevin) |
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Wednesday, October 07, 2020 | ||
39 | 39
![]() Minute Entry for proceedings held before Magistrate Judge James Orenstein: Status Conference held by telephone on 10/7/2020. The plaintiff will file an Amended Complaint by October 15, 2020. Any named defendant will respond by November 4, 2020. The parties will then confer as to the possibility of mediation as well as a discovery plan. By December 4, 2020, the parties will submit a joint status report with a proposal (or, if they cannot agree, competing proposals) for moving the litigation forward, including whether the parties seek a settlement conference or referral to mediation as well as a proposed discovery schedule. The court will schedule further proceedings as appropriate after reviewing the status report. (Orenstein, James) |
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Friday, September 25, 2020 | ||
38 | 38
![]() MOTION for Extension of Time to File Answer re6 Amended Complaint by Long Island Railroad. (McCaffrey, Kevin) |
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order
Order on Motion for Extension of Time to Answer
Fri 09/25 3:58 PM
ORDER granting38 Motion for Extension of Time to Answer -- The motion is granted on consent; Defendant LIRR shall answer or otherwise respond to the operative pleading by a date to be discussed at the conference scheduled for October 7, 2020. Ordered by Magistrate Judge James Orenstein on 9/25/2020. (Oliner, Daniel) |
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Wednesday, September 23, 2020 | ||
37 | 37
![]() Consent Motion to Adjourn Telephonic Status Conference Scheduled for September 30, 2020 at 10:30 am by Brotherhood of the Railroad Signalmen Local 56, Christopher Natale, James Sokolowski. (Edelman, Richard) Modified on 9/23/2020 to correct event type. (Almonte, Kelly) |
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order
Order on Motion to Adjourn Conference
Wed 09/23 7:09 PM
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Monday, September 21, 2020 | ||
order
Scheduling Order
Mon 09/21 4:20 PM
SCHEDULING ORDER: I will hold a telephone conference on September 30, 2020, at 10:30 a.m. I respectfully direct all counsel to call 1-877-336-1839 five minutes before the scheduled start of the conference and use access code 391-4302. Persons granted remote access to proceedings are reminded that photographing, recording, and rebroadcasting of any court proceeding or communication with the court are prohibited by Local Civil Rule 1.8. If any party has any difficulty accessing the telephone conference, please contact chambers at Orenstein_Chambers@uscourts.nyed.gov Ordered by Magistrate Judge James Orenstein on 9/21/2020. (Almonte, Kelly) |
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Thursday, September 17, 2020 | ||
36 | 36
![]() MEMORANDUM AND ORDER: Roaches NYSHRL and NYCHRL claims are dismissed in their entirety for lack of subject matter jurisdiction, but without prejudice, and with leave to amend, provided Roache can, in good faith, plead facts sufficient to establish any timely claims are not barred by the election-of-remedies doctrine. Furthermore, Roaches Title VII claims are dismissed in their entirety as to all defendants except LIRR. Roaches Title VII claims for retaliation against LIRR are similarly dismissed, and his Title VII claims for discrimination against LIRR are dismissed, except to the extent that they arise out of materially adverse employment actions in the manner discussed in this Memorandum and Order. The parties are referred to Magistrate Judge James Orenstein for continued pretrial management. SO Ordered by Judge Eric N. Vitaliano on 8/25/2020. (Almonte, Giselle) |
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Wednesday, May 01, 2019 | ||
35 | 35
![]() MEMORANDUM in Opposition re32 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction Plaintiff's Memorandum of Law in Opposition to LIRR Defendants' Motion to Dismiss filed by John Hanania, Michael Juchem, Long Island Railroad, Charles Tator. (McCaffrey, Kevin) |
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34 | 34
![]() AFFIDAVIT/DECLARATION in Support re32 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction of Marilyn Kustoff filed by John Hanania, Michael Juchem, Long Island Railroad, Charles Tator. (McCaffrey, Kevin) |
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33 | 33
![]() MEMORANDUM in Support re32 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by John Hanania, Michael Juchem, Long Island Railroad, Charles Tator. (McCaffrey, Kevin) |
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32 | 32
![]() MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction by John Hanania, Michael Juchem, Long Island Railroad, Charles Tator. (McCaffrey, Kevin) |
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31 | 31
![]() Fully Briefed MOTION to Dismiss Amended Complaint by Brotherhood of the Railroad Signalmen Local 56, Christopher Natale, James Sokolowski. (Edelman, Richard) |
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Thursday, March 14, 2019 | ||
30 | 30
![]() NOTICE of Appearance by William L Phillips on behalf of Brotherhood of the Railroad Signalmen Local 56, Christopher Natale, James Sokolowski (notification declined or already on case) (Phillips, William) |
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Tuesday, March 12, 2019 | ||
29 | 29
![]() Letter MOTION to Adjourn Conference (Initial) by John Hanania, Michael Juchem, Long Island Railroad, Charles Tator. (McCaffrey, Kevin) |
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order
Order on Motion to Adjourn Conference
Tue 03/12 5:18 PM
ORDER granting29 Motion to Adjourn Conference -- The motion is granted on consent. The initial conference previously scheduled for March 20, 2019 is adjourned pending the resolution of the motions to dismiss. Ordered by Magistrate Judge James Orenstein on 3/12/2019. (Gustafson, Kaelyn) |
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Thursday, March 07, 2019 | ||
order
Order on Motion for Pre Motion Conference
Thu 03/07 10:53 AM
ORDER denying28 Motion for Pre-Motion Conference. Plaintiff has not responded to the pre-motion conference request. Regardless, upon review of the Union defendants' papers, a pre-motion conference is not required. The briefing schedule proposed at27 is adopted as to both the LIRR and Union defendants' motions to dismiss. The fully-briefed motions shall be filed on ECF by May 1, 2019, in accordance with the Bundling Rule. Ordered by Judge Eric N. Vitaliano on 3/7/2019. (Syed, Sofie) |
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Thursday, February 28, 2019 | ||
order
Order(Other)
Thu 02/28 9:56 AM
ORDER: Plaintiff is directed to file any response to the pre-motion conference request28 by March 6, 2019. Ordered by Judge Eric N. Vitaliano on 2/28/2019. (Syed, Sofie) |
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Wednesday, February 27, 2019 | ||
28 | 28
![]() MOTION for pre motion conference re6 Amended Complaint for motion to dismiss amended complaint m by Brotherhood of the Railroad Signalmen Local 56, Christopher Natale, James Sokolowski. (Edelman, Richard) |
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Monday, February 25, 2019 | ||
27 | 27
![]() Proposed Scheduling Order for Motion by John Hanania, Michael Juchem, Long Island Railroad, Charles Tator (McCaffrey, Kevin) |
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26 | 26
![]() SCHEDULING ORDER: Pursuant to Federal Rule of Civil Procedure 16(a), I order the parties to appear for an initial discovery planning conference on, March 20, 2019, at 3:00 P.M. in Courtroom 11D South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. No later than March 18, 2019, the parties must submit, by means of electronic filing on the court's ECF (Electronic Case Filing) system, a joint proposed discovery plan. Each party's counsel must be personally prepared to discuss all factual and legal issues in the case, including the possibility of settlement; otherwise, the client must attend in person as well. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 2/25/2019. (Guy, Alicia) |
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Friday, February 22, 2019 | ||
25 | 25
![]() NOTICE of Appearance by Richard S. Edelman on behalf of James Sokolowski (aty to be noticed) (Edelman, Richard) |
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24 | 24
![]() NOTICE of Appearance by Richard S. Edelman on behalf of Christopher Natale (aty to be noticed) (Edelman, Richard) |
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23 | 23
![]() NOTICE of Appearance by Richard S. Edelman on behalf of Brotherhood of the Railroad Signalmen Local 56 (aty to be noticed) (Edelman, Richard) |
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order
Order on Motion for Pre Motion Conference
Fri 02/22 10:16 AM
ORDER denying19 Motion for Pre-Motion Conference. Upon review of the moving papers, a pre-motion conference is not required. The parties are directed to file a joint proposed briefing schedule regarding defendants LIRR, Juchem, Tator, and Hanania's motion to dismiss the amended complaint. Ordered by Judge Eric N. Vitaliano on 2/22/2019. (Syed, Sofie) |
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Thursday, February 21, 2019 | ||
22 | 22
![]() RESPONSE to Motion re19 Letter MOTION for pre motion conference filed by Magwin Roache. (Albanese, Joseph) |
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21 | 21
![]() NOTICE of Appearance by Joseph Christopher Albanese on behalf of All Plaintiffs (aty to be noticed) (Albanese, Joseph) |
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order
Order on Motion for Leave to Appear Pro Hac Vice
Thu 02/21 11:24 AM
ORDER granting20 Motion for Leave to Appear Pro Hac Vice -- Attorney William L. Phillips, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By February 28, 2019, Mr. Phillips shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Phillips shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Phillips shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 2/21/2019. (Gustafson, Kaelyn) |
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Tuesday, February 19, 2019 | ||
20 | 20
![]() MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11212323. by Brotherhood of the Railroad Signalmen Local 56, Christopher Natale, James Sokolowski. (Phillips, William) |
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Friday, February 15, 2019 | ||
order
Order(Other)
Fri 02/15 9:50 AM
ORDER: Plaintiff is directed to respond to the pre-motion conference request19 by February 21, 2019. Ordered by Judge Eric N. Vitaliano on 2/15/2019. (Syed, Sofie) |
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Thursday, February 14, 2019 | ||
19 | 19
![]() Letter MOTION for pre motion conference by John Hanania, Michael Juchem, Long Island Railroad, Charles Tator. (McCaffrey, Kevin) |
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Thursday, January 31, 2019 | ||
18 | 18
![]() Letter and Consent Order to Extend Time to Answer Complaint by Christopher Natale, James Sokolowski (Wietzke, Marc) |
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17 | 17
![]() NOTICE of Appearance by Marc Wietzke on behalf of Christopher Natale (aty to be noticed) (Wietzke, Marc) |
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16 | 16
![]() NOTICE of Appearance by Marc Wietzke on behalf of James Sokolowski (aty to be noticed) (Wietzke, Marc) |
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order
Order(Other)
Thu 01/31 6:33 PM
ORDER re18 Letter -- The consent order is so ordered. The defendants shall answer or otherwise respond to the amended complaint by February 28, 2019. Ordered by Magistrate Judge James Orenstein on 1/31/2019. (Gustafson, Kaelyn) |
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Tuesday, January 15, 2019 | ||
15 | 15
![]() Summons Issued as to Christopher Natale. (Galeano, Sonia) |
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Friday, January 11, 2019 | ||
14 | 14
![]() Proposed Summons. Re6 Amended Complaint by Magwin Roache (Hilferty, Michael) |
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Tuesday, January 08, 2019 | ||
13 | 13
![]() MOTION for Extension of Time to File Answer by Michael Juchem, Long Island Railroad. (McCaffrey, Kevin) |
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order
Order on Motion for Extension of Time to Answer
Tue 01/08 12:34 PM
ORDER granting13 Motion for Extension of Time to Answer -- The motion is granted. Defendants Long Island Rail Road and Mr. Michael Juchem shall answer or otherwise respond to the amended complaint by February 15, 2019. Ordered by Magistrate Judge James Orenstein on 1/8/2019. (Gustafson, Kaelyn) |
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Friday, December 21, 2018 | ||
12 | 12
![]() Summons Issued as to Brotherhood of the Railroad Signalmen Local 56. (Galeano, Sonia) |
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11 | 11
![]() Proposed Summons. Re6 Amended Complaint by Magwin Roache (Hilferty, Michael) |
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Monday, December 17, 2018 | ||
10 | 10
![]() Proposed Summons. Re6 Amended Complaint by Magwin Roache (Hilferty, Michael) |
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Wednesday, December 12, 2018 | ||
9 | 9
![]() Summons Issued as to Long Island Railroad, John Hanania, Michael Juchem, Christopher Natale, James Sokolowski, Charles Tator. (Guy, Alicia) |
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notice
Notice(Other)
Wed 12/12 1:06 PM
NOTICE re8 Proposed Summons/Civil Cover Sheet -- The proposed summons at [8-5] submitted for Brotherhood of the Railway Signalmen Union Local 56 will not be issued at this time because that name does not correspond with the amended complaint. (Guy, Alicia) |
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Monday, December 10, 2018 | ||
8 | 8
![]() Proposed Summons. Re6 Amended Complaint by Magwin Roache (Hilferty, Michael) |
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Friday, November 30, 2018 | ||
7 | 7
![]() NOTICE of Change of Email, Firm name, telephone (Hilferty, Michael) |
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Monday, November 19, 2018 | ||
6 | 6
![]() AMENDED COMPLAINT against All Defendants, filed by Magwin Roache. (Hilferty, Michael) |
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5 | 5
![]() This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
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4 | 4
![]() In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
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Friday, November 16, 2018 | ||
3 | 3
![]() Civil Cover Sheet.. by Magwin Roache (Hilferty, Michael) |
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notice
Notice(Other)
Fri 11/16 10:58 AM
NOTICE - The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page needs to be answered. Please resubmit corrected Civil Cover Sheet. (Bowens, Priscilla) |
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utility
Case Assigned/Reassigned
Mon 11/19 8:41 AM
Case assigned to Judge Eric N. Vitaliano and Magistrate Judge James Orenstein. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |
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Thursday, November 15, 2018 | ||
2 | 2
![]() Civil Cover Sheet.. by Magwin Roache (Hilferty, Michael) |
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notice
Notice(Other)
Thu 11/15 2:29 PM
NOTICE - The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page needs to be answered. Please resubmit corrected Civil Cover Sheet. (Bowens, Priscilla) |
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Tuesday, November 13, 2018 | ||
1 | 1
![]() COMPLAINT Magwin Roache against Long Island Railroad, Brotherhood of the Railway Signalmen Union Local 56, John Hanania, Charles Tator, Michael Juchem, Christopher Natale, Sokolowski filing fee $ 400, receipt number ANYEDC-10930277 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Magwin Roache. (Hilferty, Michael) |
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