Medrano v. City of New York et al
New York Eastern District Court | |
Judge: | Diane Gujarati |
Referred: | Peggy Kuo |
Case #: | 1:21-cv-03891 |
Nature of Suit | 440 Civil Rights - Other Civil Rights |
Cause | 28:1441 Notice of Removal |
Case Filed: | Jul 09, 2021 |
Terminated: | May 31, 2022 |
Last checked: Wednesday Jan 05, 2022 3:51 AM EST |
Defendant
Kenneth Adams
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Represented By
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Defendant
Catherine Bonet
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Represented By
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Defendant
City University of New York
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Represented By
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Defendant
City of New York
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Represented By
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Defendant
LaGuardia Community College
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Represented By
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Defendant
Chandana Mahadeswaraswamy
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Represented By
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Defendant
Darren Thomas
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Represented By
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Plaintiff
Kathy Medrano
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Represented By
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Docket last updated: 71 minutes ago |
Tuesday, May 31, 2022 | ||
order
Scheduling Order 1 - Terminate Deadlines and Hearings
Tue 05/31 2:16 PM
SCHEDULING ORDER: The Telephone Conference previously scheduled for June 2, 2022 is canceled. Ordered by Magistrate Judge Peggy Kuo on 5/31/2022. (O'Neil-Berven, Ryan) |
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order
Order on Motion to Remand to State Court
Tue 05/31 5:34 PM
ORDER granting36 Consent MOTION to Remand to State Court -- The motion is granted. This case is remanded to the Supreme Court of the State of New York, County of Queens, Index No. 709760/2021. The Clerk of Court is directed to send a certified copy of this Order to the Clerk of the Supreme Court of the State of New York, County of Queens and to close the case. Ordered by Judge Diane Gujarati on 5/31/2022. (Almonte, Kelly) |
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Friday, May 27, 2022 | ||
36 | 36
![]() Consent MOTION to Remand to State Court by Kathy Medrano. (Myron, Suzanne) |
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Wednesday, May 25, 2022 | ||
order
Order on Motion for Hearing
Wed 05/25 5:16 PM
ORDER: Defendants'35 request for a conference is granted. A Telephone Conference on33 ,34 , and35 is scheduled for June 2, 2022 at 11:00 a.m. before Magistrate Judge Peggy Kuo. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.) Ordered by Magistrate Judge Peggy Kuo on May 25, 2022. (Wu, Kevin) |
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Tuesday, May 24, 2022 | ||
35 | 35
![]() REPLY in Opposition re33 Letter and in support of letter motion requesting court conference to address open issues created by Plaintiff's filings at ECF Docs. 33-34 filed by Catherine Bonet, Darren Thomas. (Gatto, Danielle) |
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order
Order on Motion for Extension of Time to File
Tue 05/24 2:06 PM
ORDER: The CUNY Defendants'32 Motion for Extension of Time to File is granted to the extent that the parties shall file, by May 27, 2022 , a joint status letter indicating whether they have reached an agreement to remand this case to state court. Ordered by Magistrate Judge Peggy Kuo on May 24, 2022. (Wu, Kevin) |
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Monday, May 23, 2022 | ||
34 | 34
![]() Notice of MOTION to Amend/Correct/Supplement Complaint by Kathy Medrano. (Myron, Suzanne) |
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33 | 33
![]() Letter by Kathy Medrano (Myron, Suzanne) |
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32 | 32
![]() Letter MOTION for Extension of Time to File by Kenneth Adams, City University of New York, City of New York, LaGuardia Community College, Chandana Mahadeswaraswamy. (Thayer, David) |
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31 | 31
![]() NOTICE of Appearance by David Sumner Thayer on behalf of Kenneth Adams, City University of New York, City of New York, LaGuardia Community College, Chandana Mahadeswaraswamy (notification declined or already on case) (Thayer, David) |
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Monday, May 09, 2022 | ||
minutes
Motion Hearing ~Util - Set Motion and R&R Deadlines/Hearings
Mon 05/09 2:24 PM
MINUTE ORDER: Oral Argument by telephone held May 9, 2022 before Magistrate Judge Peggy Kuo. Attorney Suzanne Myron appeared on behalf of Plaintiff. Attorney David Thayer appeared on behalf of the CUNY Defendants. Attorney Danielle Gatto appeared on behalf of Defendants Bonet and Thomas. The parties were heard on Plaintiff's26 Motion to Remand to State Court. The parties were directed to confer and try to reach an agreement for remanding the case to state court. Plaintiff's counsel stated that allegations of racial animus should remain in the Amended Complaint, although it no longer contains a claim for Title VI discrimination, because Plaintiff believes it was a basis for actions taken by Defendants and her beliefs are relevant to her damages. By May 23, 2022 , the parties must file a joint motion to remand, or Plaintiff must file supplemental briefing on the basis for the allegations of racial animus to remain in the 17 Amended Complaint. Any response shall be filed June 3, 2022 . Attorney Thayer was terminated as counsel of record after the CUNY Defendants' 14 Motion to Substitute Attorney was granted. (Order dated Aug. 17, 2021). He is directed to file a new notice of appearance to ensure that he is notified of activity in this case. Ordered by Magistrate Judge Peggy Kuo on May 9, 2022. (FTR Log: #11:03-11:25.) (Wu, Kevin) |
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Monday, April 18, 2022 | ||
30 | 30
![]() Letter MOTION to Adjourn Conference Presently Scheduled for April 26, 2022 by Catherine Bonet, Darren Thomas. (Gatto, Danielle) |
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order
Order on Motion to Adjourn Conference 1 - Terminate Deadlines and Hearings
Mon 04/18 5:27 PM
ORDER granting30 Motion to Adjourn Conference. The Oral Argument by telephone regarding the26 Motion to Remand to State Court is adjourned to May 9, 2022 at 11:00 a.m. before Magistrate Judge Peggy Kuo. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.) Ordered by Magistrate Judge Peggy Kuo on 4/18/2022. (O'Neil-Berven, Ryan) |
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Friday, April 15, 2022 | ||
order
Scheduling Order
Fri 04/15 9:49 AM
SCHEDULING ORDER: An Oral Argument on the26 Motion to Remand to State Court is scheduled by telephone for April 26, 2022 at 10:00 a.m. before Magistrate Judge Peggy Kuo. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerks Office.) Ordered by Magistrate Judge Peggy Kuo on 4/15/2022. (O'Neil-Berven, Ryan) |
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Tuesday, January 11, 2022 | ||
order
Order Referring Motion
Tue 01/11 10:32 AM
ORDER REFERRING MOTION:26 MOTION to Remand to State Court filed by Kathy Medrano respectfully referred to Magistrate Judge Peggy Kuo for a report and recommendation. Ordered by Judge Diane Gujarati on 1/11/2022. (Almonte, Kelly) |
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Tuesday, December 07, 2021 | ||
29 | 29
![]() Letter MOTION to Adjourn Conference by Kathy Medrano. (Myron, Suzanne) |
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order
Order on Motion to Adjourn Conference 1 - Terminate Deadlines and Hearings
Tue 12/07 1:25 PM
ORDER granting29 Motion to Adjourn Conference. The initial conference by telephone is adjourned sine die . The parties are directed to file a joint proposed discovery plan within seven (7) days of a decision on the26 Motion to Remand if the motion is not fully granted. Ordered by Magistrate Judge Peggy Kuo on 12/7/2021. (O'Neil-Berven, Ryan) |
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Friday, November 19, 2021 | ||
28 | 28
![]() RESPONSE to Motion re26 MOTION to Remand to State Court filed by Kenneth Adams, City University of New York, City of New York, LaGuardia Community College, Chandana Mahadeswaraswamy. (Thayer, David) |
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Wednesday, November 17, 2021 | ||
27 | 27
![]() RESPONSE in Opposition re26 MOTION to Remand to State Court filed by Catherine Bonet, Darren Thomas. (Gatto, Danielle) |
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Friday, November 05, 2021 | ||
26 | 26
![]() MOTION to Remand to State Court by Kathy Medrano. (Myron, Suzanne) |
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Tuesday, November 02, 2021 | ||
25 | 25
![]() AMENDED ANSWER to 17 Amended Complaint, by Kenneth Adams, City University of New York, City of New York, LaGuardia Community College, Chandana Mahadeswaraswamy. (Thayer, David) |
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Monday, October 25, 2021 | ||
order
Order on Motion for Pre Motion Conference
Mon 10/25 2:18 PM
ORDER denying18 Motion for Pre-Motion Conference and22 Motion for Pre-Motion Conference -- The Court has reviewed the parties' letters regarding Plaintiff's anticipated motion to remand and determined that a pre-motion conference is not necessary. Plaintiff shall file her motion to remand, not to exceed five single-spaced pages, by November 5, 2021; any opposition(s), not to exceed five single-spaced pages, shall be filed by November 19, 2021. No reply will be permitted. The request for a pre-motion conference in anticipation of filing a motion to dismiss, made by Defendants Bonet and Thomas, is denied without prejudice to renewal following resolution of Plaintiff's motion to remand. Ordered by Judge Diane Gujarati on 10/25/2021. (Almonte, Kelly) |
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Tuesday, October 19, 2021 | ||
24 | 24
![]() RESPONSE in Opposition re22 Letter MOTION for pre motion conference filed by Kathy Medrano. (Myron, Suzanne) |
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Tuesday, October 12, 2021 | ||
23 | 23
![]() ANSWER to Complaint , as amended on September 27, 2021, and filed at ECF No. 17 by Kenneth Adams, City University of New York, City of New York, LaGuardia Community College, Chandana Mahadeswaraswamy. (Thayer, David) |
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22 | 22
![]() Letter MOTION for pre motion conference by Catherine Bonet, Darren Thomas. (Gatto, Danielle) |
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Monday, October 04, 2021 | ||
21 | 21
![]() NOTICE of Appearance by David Sumner Thayer on behalf of Kenneth Adams, City University of New York, City of New York, LaGuardia Community College, Chandana Mahadeswaraswamy (aty to be noticed) (Thayer, David) |
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20 | 20
![]() RESPONSE to Motion re18 Notice of MOTION for pre motion conference in relation to Plaintiff's anticipated motion for remand filed by Kenneth Adams, City University of New York, City of New York, LaGuardia Community College, Chandana Mahadeswaraswamy. (Thayer, David) |
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order
~Util - Set Hearings 1 - Terminate Deadlines and Hearings
Mon 10/04 1:24 PM
SCHEDULING ORDER: The Initial Conference by telephone previously scheduled for October 13, 2021 is adjourned sua sponte to December 14, 2021 at 11:30 a.m. before Magistrate Judge Peggy Kuo. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.) By December 9, 2021 , the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: [LINK:https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf] . Ordered by Magistrate Judge Peggy Kuo on 10/4/2021. (O'Neil-Berven, Ryan) |
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Wednesday, September 29, 2021 | ||
19 | 19
![]() RESPONSE in Opposition re18 Notice of MOTION for pre motion conference filed by Catherine Bonet, Darren Thomas. (Gatto, Danielle) |
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Tuesday, September 28, 2021 | ||
order
Order(Other)
Tue 09/28 12:42 PM
ORDER re18 Motion for Pre Motion Conference -- Defendants are directed to file a letter in response to Plaintiff's request for a pre-motion conference, not to exceed 3 single-spaced pages, by October 4, 2021. Ordered by Judge Diane Gujarati on 9/28/2021. (Almonte, Kelly) |
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Monday, September 27, 2021 | ||
18 | 18
![]() Notice of MOTION for pre motion conference by Kathy Medrano. (Myron, Suzanne) |
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17 | 17
![]() AMENDED COMPLAINT against Kathy Medrano, filed by Kathy Medrano. (Myron, Suzanne) |
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Monday, September 13, 2021 | ||
order
Order on Motion for Pre Motion Conference
Mon 09/13 5:30 PM
ORDER denying12 Defendants Bonet and Thomas's Motion for a Pre-Motion Conference -- In light of Plaintiff's intent to file an Amended Complaint ("FAC"), see ECF No. 13 at 1, Defendants Catherine Bonet and Darren Thomas's request for a pre-motion conference is denied without prejudice to renewal after Plaintiff files the FAC. Plaintiff shall file the FAC by September 27, 2021 and should file in accordance with the Court's Individual Practice Rules. See Individual Practice Rule I.E. All defendants shall answer, move, or otherwise respond to the FAC by October 12, 2021 and shall do so in accordance with the Court's Individual Practice Rules. See Individual Practice Rule III.A. Ordered by Judge Diane Gujarati on 9/13/2021. (Almonte, Kelly) |
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Tuesday, September 07, 2021 | ||
order
Order on Motion to Withdraw as Attorney
Tue 09/07 9:50 AM
ORDER granting15 Motion to Withdraw as Attorney. Attorney Carolyn Elizabeth Kruk terminated. Ordered by Magistrate Judge Peggy Kuo on 9/7/2021. (O'Neil-Berven, Ryan) |
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Thursday, September 02, 2021 | ||
16 | 16
![]() ANSWER to Complaint by Kenneth Adams, City University of New York, City of New York, LaGuardia Community College, Chandana Mahadeswaraswamy. (Thomas, Copatrick) |
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15 | 15
![]() First MOTION to Withdraw as Attorney by Kenneth Adams, City University of New York, City of New York. (Kruk, Carolyn) |
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Tuesday, August 17, 2021 | ||
14 | 14
![]() MOTION to Substitute Attorney by Kenneth Adams, City University of New York, City of New York, LaGuardia Community College. (Thomas, Copatrick) |
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order
Order on Motion to Substitute Attorney
Tue 08/17 1:42 PM
ORDER granting14 Motion to Substitute Attorney. Attorney Copatrick Thomas is substituted as counsel for Defendants City of New York, City University of New York, LaGuardia Community College,and Kenneth Adams. Attorney David Sumner Thayer terminated. Ordered by Magistrate Judge Peggy Kuo on 8/17/2021. (O'Neil-Berven, Ryan) |
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Friday, August 13, 2021 | ||
13 | 13
![]() RESPONSE to Motion re12 Letter MOTION for pre motion conference filed by Kathy Medrano. (Myron, Suzanne) |
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Friday, August 06, 2021 | ||
12 | 12
![]() Letter MOTION for pre motion conference by Catherine Bonet, Darren Thomas. (Gatto, Danielle) |
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Monday, August 02, 2021 | ||
order
Order on Motion for Extension of Time to Answer
Mon 08/02 2:35 PM
ORDER granting10 Motion for Extension of Time to Answer. The deadline for Defendants City of New York, City University of New York, LaGuardia Community College, and Kenneth Adams to answer or otherwise respond to the Complaint is extended to September 2, 2021. The Court also grants the request to sua sponte extend the time for Defendant Chandana Mahadeswaraswamy to answer or otherwise respond to the Complaint to September 2, 2021. Ordered by Magistrate Judge Peggy Kuo on 8/2/2021. (O'Neil-Berven, Ryan) |
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Thursday, July 29, 2021 | ||
11 | 11
![]() AFFIDAVIT/DECLARATION in Opposition re10 Second MOTION for Extension of Time to File Answer filed by All Plaintiffs. (Myron, Suzanne) |
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order
Order(Other)
Thu 07/29 9:36 AM
ORDER: The deadline for Plaintiff to file a response, if any, to the10 Motion for Extension of Time to File Answer is July 30, 2021. Ordered by Magistrate Judge Peggy Kuo on 7/29/2021. (O'Neil-Berven, Ryan) |
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Wednesday, July 28, 2021 | ||
10 | 10
![]() Second MOTION for Extension of Time to File Answer by Kenneth Adams, City University of New York, City of New York, LaGuardia Community College. (Kruk, Carolyn) |
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Monday, July 19, 2021 | ||
9 | 9
![]() Letter MOTION for Extension of Time to File Answer re1 Notice of Removal, with consent of Plaintiff's counsel by Catherine Bonet, Darren Thomas. (Gatto, Danielle) |
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8 | 8
![]() NOTICE of Appearance by Danielle B Gatto on behalf of Catherine Bonet, Darren Thomas (aty to be noticed) (Gatto, Danielle) |
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order
Order on Motion for Extension of Time to Answer
Mon 07/19 5:39 PM
ORDER granting9 Motion for Extension of Time to Answer. The deadline for Defendants Catherine Bonet and Darren Thomas to answer or otherwise respond to the Complaint is extended to August 6, 2021. Ordered by Magistrate Judge Peggy Kuo on 7/19/2021. (O'Neil-Berven, Ryan) |
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Friday, July 16, 2021 | ||
order
Order on Motion for Extension of Time to Answer
Fri 07/16 9:39 AM
ORDER granting7 Motion for Extension of Time to Answer. In light of the stipulation in Queens County Supreme Court at2 pages 55-57, the deadline for Defendants City of New York, City University of New York, LaGuardia Community College, Kenneth Adams, and Chandana Mahadeswaraswamy to answer is extended to August 2, 2021. Ordered by Magistrate Judge Peggy Kuo on July 16, 2021. (Jochnowitz, David) |
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Thursday, July 15, 2021 | ||
7 | 7
![]() Letter MOTION for Extension of Time to File Answer , addressed to Magistrate Judge Kuo by Kenneth Adams, City University of New York, City of New York, LaGuardia Community College. (Thayer, David) |
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6 | 6
![]() CERTIFICATE OF SERVICE by Kenneth Adams, City University of New York, City of New York, LaGuardia Community College (Thayer, David) |
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5 | 5
![]() CERTIFICATE OF SERVICE by Kenneth Adams, City University of New York, City of New York, LaGuardia Community College re1 Notice of Removal, (Thayer, David) |
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Tuesday, July 13, 2021 | ||
4 | 4
![]() SCHEDULING ORDER: A Telephone Initial Conference will be held in this case on October 13, 2021 at 10:30 a.m. before Peggy Kuo, United States Magistrate Judge. All counsel are required to attend. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.) Counsel are directed to the annexed Initial Conference Order for instructions. By October 7, 2021 , the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: [LINK:https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf] Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Defendants' counsel is directed to ensure that Plaintiff is aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 7/13/2021. (O'Neil-Berven, Ryan) Modified on 7/13/2021 to correct conference time (O'Neil-Berven, Ryan) |
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Monday, July 12, 2021 | ||
3 | 3
![]() 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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2 | 2
![]() 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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misc
ECF Admission and Registration Notification - Removal
Mon 07/12 11:26 AM
This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Bowens, Priscilla) |
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Friday, July 09, 2021 | ||
1 | 1
![]() NOTICE OF REMOVAL by Kenneth Adams, City University of New York, City of New York, LaGuardia Community College from Supreme Court of the State of New York, County of Queens, case number 709760/2021. ( Filing fee $ 402 receipt number ANYEDC-14644347) (Thayer, David) |
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utility
Case Assigned/Reassigned
Mon 07/12 11:24 AM
Case Assigned to Judge Diane Gujarati and Magistrate Judge Peggy Kuo. 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) |