Posada v. East Coast Capital et al
| New York Eastern District Court | |
| Judge: | Ramon E Reyes, Jr |
| Referred: | James M Wicks |
| Case #: | 2:23-cv-01579 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 42:2000e Job Discrimination (Employment) |
| Case Filed: | Feb 28, 2023 |
| Last checked: Sunday Aug 27, 2023 6:24 AM EDT |
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Defendant
East Coast Capital
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Defendant
Seth B. Fass
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Defendant
Corey Winograd
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Plaintiff
Adiel Posada
Posada International Consulting Inc. 18 Westfield Rd.
Coram, NY 11727 |
Represented By
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GPO
Nov 08 2024
MEMORANDUM AND ORDER: Based upon the foregoing, Defendants' Motion to Seal (ECF No. 38) is DENIED, without prejudice to renew if the parties can set forth circumstances that satisfy the standard enunciated in Lugosch v. Pyramid Co.. Ordered by Magistrate Judge James M. Wicks on 11/8/2024. (JT) |
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GPO
Mar 26 2025
SUMMARY ORDER granting 39 Motion to Dismiss. For the reasons set forth herein, defendants motion to dismiss is GRANTED and the amended complaint is DISMISSED. As leave to amend is to be freely given absent futility or prejudice, which I do not find here, Mr. Posada will be given 30 days to file a second amended complaint. Mr. Posada is advised to include enough facts in the second amended complaint to withstand another motion to dismiss, and not merely rely on conclusory allegations and legal conclusions as he has done thus far. Ordered by Judge Ramon E. Reyes, Jr on 3/26/2025. (Reyes, Ramon) |
| Docket last updated: 04/29/2025 11:59 PM EDT |
| Monday, April 28, 2025 | ||
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order
Scheduling Order
Mon 04/28 10:13 AM
SCHEDULING ORDER: In light of Plaintiff's Second Amended Complaint, the parties are directed to meet and confer and file a proposed scheduling order on or before May 16, 2025 . A Status Conference has been scheduled for May 22, 2025 at 2:00 PM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. So Ordered by Magistrate Judge James M. Wicks on 4/28/2025. (JAF) |
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| Saturday, April 26, 2025 | ||
| 46 | 46
cmp
Amended Complaint
Sat 04/26 1:26 PM
AMENDED COMPLAINT SECOND AMENDED COMPLAINT against East Coast Capital, filed by Adiel Posada(Posada International Consulting Inc.). (Henry, Chauncey) |
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| Wednesday, March 26, 2025 | ||
| 45 | 45
3
pgs
order
Order on Motion to Dismiss
Wed 03/26 7:09 PM
SUMMARY ORDER granting39 Motion to Dismiss. For the reasons set forth herein, defendants motion to dismiss is GRANTED and the amended complaint is DISMISSED. As leave to amend is to be freely given absent futility or prejudice, which I do not find here, Mr. Posada will be given 30 days to file a second amended complaint. Mr. Posada is advised to include enough facts in the second amended complaint to withstand another motion to dismiss, and not merely rely on conclusory allegations and legal conclusions as he has done thus far. Ordered by Judge Ramon E. Reyes, Jr on 3/26/2025. |
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| Monday, December 30, 2024 | ||
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order
Order(Other) 1 - Terminate Deadlines and Hearings
Mon 12/30 11:53 AM
ORDER: In light of the undersigned's Order dated May 9, 2024, staying discovery pending the decision on the Motion to Dismiss (ECF No.39 ), the Final Pretrial Conference scheduled for January 17, 2025 at 9:30 AM is hereby adjourned sine die . So Ordered by Magistrate Judge James M. Wicks on 12/30/2024. (DF) |
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| Friday, November 08, 2024 | ||
| 44 | 44
9
pgs
order
Order on Motion for Leave to Electronically File Document under Seal
Fri 11/08 4:43 PM
MEMORANDUM AND ORDER: Based upon the foregoing, Defendants' Motion to Seal (ECF No.38 ) is DENIED , without prejudice to renew if the parties can set forth circumstances that satisfy the standard enunciated in Lugosch v. Pyramid Co. . Ordered by Magistrate Judge James M. Wicks on 11/8/2024. (JT) |
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| Monday, August 26, 2024 | ||
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order
Order on Motion to Adjourn Conference
Mon 08/26 10:01 AM
ORDER granting43 Motion to Adjourn Conference. In light of the stay of discovery in this case pending the outcome of the Motion to Dismiss ( see Electronic Order dated May 9, 2024), the Status Conference scheduled for August 27, 2024 at 9:30 AM via the Court's Video Zoom is hereby adjourned sine die. So Ordered by Magistrate Judge James M. Wicks on 8/26/2024. (DN) |
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| Thursday, August 22, 2024 | ||
| 43 | 43
motion
Adjourn Conference
Thu 08/22 3:49 PM
Letter MOTION to Adjourn Conference currently scheduled for August 27, 2024 by East Coast Capital, Seth B. Fass, Corey Winograd. (Hardy, Tamika) |
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| Tuesday, May 14, 2024 | ||
| 42 | 42
respoth
Reply in Support
Tue 05/14 11:57 AM
REPLY in Support re39 MOTION to Dismiss Amended Complaint filed by East Coast Capital. (Hardy, Tamika) |
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| 41 | 41
17
pgs
respoth
Memorandum in Opposition
Tue 05/14 11:56 AM
MEMORANDUM in Opposition re39 MOTION to Dismiss Amended Complaint filed by East Coast Capital. (Hardy, Tamika) |
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| 40 | 40
respm
Affidavit/Declaration in Support of Motion 1 - Sealed Document - to be used ONLY in conjunction with other selection
Tue 05/14 11:55 AM
AFFIDAVIT/DECLARATION in Support re39 MOTION to Dismiss Amended Complaint filed by East Coast Capital. (Hardy, Tamika) |
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Att: 1
Exhibit 1. Amended Complaint,
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Att: 2
Exhibit 2: Settlement Agreement,
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Att: 3
Exhibit 3: Transcript,
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Att: 4
Memorandum in Support
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| 39 | 39
motion
Dismiss
Tue 05/14 11:52 AM
MOTION to Dismiss Amended Complaint by East Coast Capital. (Hardy, Tamika) |
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| 38 | 38
motion
Leave to Electronically File Document under Seal
Tue 05/14 11:51 AM
Letter MOTION for Leave to Electronically File Document under Seal by East Coast Capital. (Hardy, Tamika) |
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| Thursday, May 09, 2024 | ||
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order
Order on Motion for Discovery
Thu 05/09 11:34 AM
ORDER granting35 Motion to Stay. Defendant East Coast Capital Corp.'s request to stay discovery pending the outcome of its motion to dismiss Plaintiff's Amended Complaint pursuant to Fed. R. Civ. P. 12(b)(6) is granted . "[D]istrict courts have considered the following factors in determining whether a stay of discovery is appropriate pending the outcome of a dispositive motion: (1) whether the defendant has made a strong showing that the plaintiffs claim is unmeritorious; (2) the breadth of discovery and the burden of responding to it; and (3) the risk of unfair prejudice to the party opposing the stay." Long Island Hous. Servs., Inc. v. Nassau Cty. Indus. Dev. Agency , No. 14-cv-3307, 2015 WL 7756122, at *2 (E.D.N.Y. Dec. 1, 2015) (quotations omitted). "Upon a showing of good cause[,] a district court has considerable discretion to stay discovery pursuant to Rule 26(c)." Al Thani v. Hanke , 20-CV-4765 (JPC), 2021 WL 23312, at *1 (S.D.N.Y. Jan. 4, 2021) (alteration in original) (quoting Republic of Turkey v. Christies, Inc. , 316 F. Supp. 3d 675, 677 (S.D.N.Y. 2018)). In assessing good cause, Courts look to "the particular circumstances and posture of each case." Ellington Credit Fund, Ltd. v. Select Portfolio Servs., Inc. , No. 08 Civ. 2437 (RJS), 2008 WL 11510668, at *2 (S.D.N.Y. June 12, 2008) (quoting Hachette Distrib., Inc. v. Hudson Cnty. News Co. , 136 F.R.D. 356, 358 (E.D.N.Y. 1991)). Here, the Court finds "good cause" in light of the arguments raised on the anticipated motion to dismiss. The Court concludes that a stay is appropriate considering: (1) the merits of the motion, (2) the fact that there is no indication that discovery is appropriate or necessary pending resolution of the motion, and (3) that Plaintiff will not be prejudiced in any way during the stay. Accordingly, the motion pursuant to Fed. R. Civ. P. 26(c) to stay discovery pending the decision on the anticipated motion to dismiss is granted . So Ordered by Magistrate Judge James M. Wicks on 5/9/2024. (DN) |
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| Wednesday, April 17, 2024 | ||
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order
~Util - Set Motion and R&R Deadlines/Hearings
Wed 04/17 6:21 PM
ORDER Set Deadlines as to Defendant's motion to dismiss. The proposed adjusted briefing schedule at37 is so-ordered. Motions due by 3/13/2024. Responses due by 4/17/2024. Replies due by 5/13/2024. Motion Ripe Deadline set for 5/13/2024. Counsel shall adhere to the bundling rule ( see Individual Rule IV.B.3). Ordered by District Judge Ramon E. Reyes, Jr on 4/17/2024. (MH) |
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| Tuesday, April 16, 2024 | ||
| 37 | 37
misc
Stipulation
Tue 04/16 10:27 PM
STIPULATION re30 Video Conference,, Set Deadlines, Plaintiff request for an extension of time to oppose to Defendants motion to dismiss which Defendants consent and the parties Stipulation to an adjusted briefing schedule by Adiel Posada(Posada International Consulting Inc.) (Henry, Chauncey) |
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| Monday, April 15, 2024 | ||
| 36 | 36
misc
Letter
Mon 04/15 9:03 PM
Letter in Opposition of Defendants Request for Stay of Discovery by Adiel Posada(Posada International Consulting Inc.) (Henry, Chauncey) |
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| Friday, April 05, 2024 | ||
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order
Order(Other)
Fri 04/05 11:57 AM
ORDER. Plaintiff is directed to file any opposition to Defendant East Coast Capital's Letter Motion to Stay35 on or before April 15, 2024 . So Ordered by Magistrate Judge James M. Wicks on 4/5/2024. (DN) |
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| Thursday, April 04, 2024 | ||
| 35 | 35
motion
Discovery
Thu 04/04 4:52 PM
Letter MOTION for Discovery (Stay Discovery) by East Coast Capital. (Hardy, Tamika) |
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| Wednesday, March 06, 2024 | ||
| 34 | 34
misc
Transcript
Wed 03/06 10:37 AM
TRANSCRIPT of Proceedings held on February 20, 2024, before Judge Reyes. Court Transcriber: Abba Reporting. Email address: abbareporting@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 3/27/2024. Redacted Transcript Deadline set for 4/8/2024. Release of Transcript Restriction set for 6/4/2024. (RC) |
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| Thursday, February 22, 2024 | ||
| 33 | 33
order
Scheduling Order
Thu 02/22 4:22 PM
SCHEDULING ORDER: Please See Order for Further Details. So Ordered by Magistrate Judge James M. Wicks on 2/22/2024. (DF) |
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| 32 | 32
minutes
Initial Conference Hearing
Thu 02/22 4:20 PM
Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR INITIAL CONFERENCE. Counsel for Plaintiff: Chauncey D. Henry (With Plaintiff Adiel Posada). Counsel for Defendant: Tamika N. Hardy. Initial Conference Hearing held on 2/22/2024 at 10:30 AM. The parties summarized the details of the case. Following discussion with counsel and review of the submitted worksheet, the Court adopted a Scheduling Order which is attached at ECF No.33 . A Status Conference has been scheduled for August 27, 2024 at 9:30 AM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. This conference is a public proceeding, and all are welcome to attend via telephone or via video. If you would like to receive the Zoom invitation, please contact Judge Wicks' Courtroom Deputy at (631) 712-5625. A Final Pretrial Conference has been scheduled for January 17, 2025 at 9:30 AM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. This conference is a public proceeding, and all are welcome to attend via telephone or via video. If you would like to receive the Zoom invitation, please contact Judge Wicks' Courtroom Deputy at (631) 712-5625. A joint proposed pretrial order ("JPTO") in compliance with the Individual Practice Rules of the Hon. Ramon E. Reyes, Jr., signed by counsel for each party, must be filed on ECF at least five (5) business days prior to this conference. If a motion for summary judgment is pending, the final pretrial conference will be cancelled and filing of the JPTO will be held in abeyance. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. (FTR Log #10:31-10:39 (Video).) (DF) |
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| Wednesday, February 21, 2024 | ||
| 31 | 31
misc
Letter
Wed 02/21 4:05 PM
Letter re briefing schedule by East Coast Capital, Seth B. Fass, Corey Winograd (Hardy, Tamika) |
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| Tuesday, February 20, 2024 | ||
| 30 | 30
minutes
Video Conference ~Util - Set Deadlines
Tue 02/20 5:17 PM
Minute Entry for Video Pre-motion Conference proceedings held on 2/20/2023 before District Judge Ramon E. Reyes, Jr. Case called. Plaintiff represented by Chauncey D. Henry, Esq. Defendants represented by Tamika N. Hardy, Esq. Parties to submit briefing schedule for Motion to Dismiss by 2/23/2024. Contact the E.S.R., Dept. at (718) 613-2590 to order the transcript. (FTR Log: RER Webex Audio). (MV) Modified on 2/20/2024 (MV) |
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| 29 | 29
misc
Letter
Tue 02/20 6:21 AM
Letter In Response to Defendants Request for Pre-Motion Conference in Anticipation of its Motion to Dismiss Plaintiffs Amended Complaint by Adiel Posada(Posada International Consulting Inc.) (Henry, Chauncey) |
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| Thursday, February 15, 2024 | ||
| 28 | 28
misc
Proposed Scheduling Order
Thu 02/15 4:35 PM
Proposed Scheduling Order by East Coast Capital, Seth B. Fass, Corey Winograd (Hardy, Tamika) |
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| Tuesday, February 06, 2024 | ||
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order
Order on Motion for Pre Motion Conference ~Util - Set Motion and R&R Deadlines/Hearings ~Util - Set Hearings
Tue 02/06 11:54 AM
ORDER granting in part27 Motion for Pre Motion Conference. Video Conference set for 2/20/2024 at 02:00 PM before District Judge Ramon E. Reyes, Jr. Plaintiff is directed to respond by 2/13/2024 to27 Letter MOTION for pre motion conference. The initial conference scheduled before Magistrate Judge Wicks is not adjourned. The attorneys are directed to appear via video using the ZOOM.gov invitation link sent to the email addresses listed on the docket and all other participates may join by phone using the Toll number: dial in 1 646 828 7666 US (New York), Meeting ID: 160 3343 2842, Passcode: 297706. Ordered by District Judge Ramon E. Reyes, Jr on 2/6/2024. (MV) |
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| Monday, January 29, 2024 | ||
| 27 | 27
motion
Pre Motion Conference
Mon 01/29 12:16 PM
Letter MOTION for pre motion conference re25 Scheduling Order,,,,, request initial conference be converted to a pre-motion conference by East Coast Capital, Seth B. Fass, Corey Winograd. (Hardy, Tamika) |
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Att: 1
Exhibit 1: Transcript
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| 26 | 26
misc
Transcript
Mon 01/29 10:50 AM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on November 27, 2023, before Judge Gary R. Brown. Transcriber Aria Services, Inc., Telephone number 845-260-1377. Email address: Aria@leinen.net. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/19/2024. Redacted Transcript Deadline set for 2/29/2024. Release of Transcript Restriction set for 4/29/2024. (DC) |
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| Friday, January 19, 2024 | ||
| 25 | 25
order
Scheduling Order
Fri 01/19 10:22 AM
INITIAL CONFERENCE SCHEDULING ORDER: An Initial Conference via Zoom will be held February 22, 2024 at 10:30 AM before Magistrate Judge James M. Wicks. The Court will email the Zoom invitation closer to the conference date. All counsel must attend. Counsel are directed to complete the attached Proposed 26(f) Scheduling Order and electronically file same with the Court no later than February 15, 2024 . Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. This conference is a public proceeding, and all are welcome to attend via telephone or via video. If you would like to receive the Zoom invitation, please contact Judge Wicks' Courtroom Deputy at (631) 712-5625.THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge James M. Wicks on 1/19/2024. (DF) |
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Att: 1
Proposed Rule 26(f) Scheduling Order,
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Att: 2
JMW Individual Practice Rules
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| Wednesday, January 17, 2024 | ||
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order
Order on Motion for Leave to Electronically File Document under Seal
Wed 01/17 12:31 PM
ORDER granting13 Motion for Leave to Electronically File Document under Seal. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. Ordered by District Judge Ramón E. Reyes, Jr. on 1/17/2024. (MH) |
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| Saturday, January 13, 2024 | ||
| 24 | 24
cmp
Amended Complaint
Sat 01/13 10:55 AM
AMENDED COMPLAINT against East Coast Capital, filed by Adiel Posada(Posada International Consulting Inc.). (Henry, Chauncey) |
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| Thursday, January 11, 2024 | ||
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utility
Case Assigned/Reassigned
Thu 01/11 4:40 PM
Case Reassigned to District Judge Ramon E. Reyes, Jr. Judge Gary R. Brown 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. (AM) |
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| Monday, November 27, 2023 | ||
| 23 | 23
minutes
Pre Motion Conference
Wed 11/29 1:42 PM
Minute Entry for proceedings held before Judge Gary R. Brown: Pre Motion Conference for14 to Dismiss held on 11/27/2023. APPEARANCES: Plaintiff: Chauncey Henry; Defendant: Tamika Hardy; Counsel for all sides present. Pre-motion conference held. Motion argued. The Court deems the motion made. Other: For the reasons set forth on the record, the motion is granted. Plaintiff is granted leave to file an amended complaint within 45 days of this hearing. Failure to file an amended complaint will result in a judgment being entered and the case dismissed. SEE ATTACHED. (FTR Log #10:33-11:04.) (JC) |
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| Monday, November 20, 2023 | ||
| 22 | 22
misc
Mail Returned
Tue 11/21 4:06 PM
Mail Returned as Undeliverable. Mail re-mailed to Chauncey D. Henry at 825 E Gate Blvd Suite 106 Garden City marked as return to sender, not deliverable as addressed, unable to forward. (JC) |
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| Monday, November 13, 2023 | ||
| 21 | 21
misc
Letter
Mon 11/13 11:48 AM
Letter in Response to Defendants Pre-Motion Letter in Anticipation of its Motion to Dismiss by Adiel Posada(Posada International Consulting Inc.) (Henry, Chauncey) |
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| Monday, November 06, 2023 | ||
| 20 | 20
misc
Mail Returned
Tue 11/07 4:26 PM
Mail Returned as Undeliverable.19 Letter mailed to Chauncey D. Henry marked as return to sender, insufficient address, unable to forward. (JC) |
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| Monday, October 30, 2023 | ||
| 19 | 19
misc
Letter
Mon 10/30 5:22 PM
Letter from Pro Se Office to Pro Se Litigant dated 10/30/2023 Re: The enclosed letters Mr. Adiel Posada submitted via box.com on I 0/27 /2023 are being forwarded without docketing or consideration. (GO) |
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order
Order(Other)
Mon 10/30 1:03 PM
ORDER Given the representations made by plaintiff in DE 18, the pre-motion conference requested by defendants in DE 14 is rescheduled for November 27, 2023 at 10:30 A.M before Judge Gary R. Brown, at which time the parties should be prepared to address defendants' anticipated motion pursuant to Rule 12 of the Federal Rules of Civil Procedure. The parties shall call (888) 363-4734, using ACCESS CODE 4132441, five minutes before the conference. Counsel should note that in appropriate cases, the pre-motion letter and the response, along with the parties' arguments made at the pre-motion conference, may be construed at the discretion of the Court as the motion itself. Arguments not raised in the pre-motion letters or during the pre-motion conference shall be deemed waived. See In re Best Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011). Plaintiff's counsel is directed to file a letter responding to DE 14 in accordance with the undersigned's individual rules by November 10, 2023. At the conference, the Court will issue a briefing schedule if necessary. The parties and other attendees to the conference are also reminded that the recording of any proceeding of the Court, including this conference, is prohibited under Local Rule 1.8. Ordered by Judge Gary R. Brown on 10/30/2023. (KN) |
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| Friday, October 27, 2023 | ||
| 18 | 18
misc
Response to Order to Show Cause
Fri 10/27 7:09 PM
RESPONSE TO ORDER TO SHOW CAUSE by Adiel Posada (Henry, Chauncey) |
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Att: 1
Exhibit A - Mr. Posada's Response to Order to Show Cause Due October 27, 2023
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| Friday, October 13, 2023 | ||
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order
Order(Other)
Fri 10/13 12:53 PM
ORDER. By Order to Show Cause dated September 29, 2023, this Court ordered Mr. Chauncey Henry to show why he should not be required to return the retainer paid by plaintiff. To date, Mr. Henry has failed to respond. As such, the plaintiff is directed to submit proof of all retainer payments made to Mr. Henry for representation in this action by October 27, 2023. Plaintiff shall submit proof of service of this Order on Mr. Henry forthwith. Mr. Henry shall respond thereto within seven days of plaintiff's filing to address the return of the retainer as well as the amounts stated by the plaintiff. FAILURE TO RESPOND WILL RESULT IN AN ORDER TO PAY AGAINST MR. CHAUNCEY HENRY. Therefore, the pre-motion conference scheduled for October 17, 2023, is hereby ADJOURNED without date pending the resolution of the above issues. Ordered by Judge Gary R. Brown on 10/13/2023. (KN) |
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| Friday, September 29, 2023 | ||
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order
Order to Show Cause
Fri 09/29 12:39 PM
ORDER TO SHOW CAUSE. The Court is in receipt of another letter, DE 15, from plaintiff regarding his relationship with his privately retained attorney. As such, Mr. Henry is ordered to show cause in writing on or before October 6, 2023, why he should not be ordered to return the retained paid by plaintiff. The Clerk of the Court is respectfully directed to mail a copy of this order to plaintiff at his address of record and to attorney Chauncey Henry at his address of record. Ordered by Judge Gary R. Brown on 9/29/2023. (MR) |
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| Monday, September 25, 2023 | ||
| 17 | 17
misc
Letter
Wed 09/27 9:32 AM
Letter dtd 9/25/2023 to Judge Brown RE: Pre Motion and Attorney Representation Inquiries, Comments and Concerns by Adiel Posada. (JC) |
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| 16 | 16
misc
Letter
Wed 09/27 9:29 AM
Letter Response to Defendant's Pre-Motion Letter14 by Adiel Posada (JC) |
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| Tuesday, September 19, 2023 | ||
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order
Order on Motion to Adjourn Conference
Tue 09/19 12:40 PM
ORDER granting15 Motion to Adjourn Conference. Defendants' request to adjourn the pre-motion conference currently scheduled for October 10, 2023 is GRANTED . The conference will now be held on October 17, 2023 at 2:00 PM. The parties are to call (888) 363-4734 using ACCESS CODE 4132441 five minutes prior to the designated time. The Clerk of the Court is respectfully directed to mail a copy of this order to pro se plaintiff at his address of record. Ordered by Judge Gary R. Brown on 9/19/2023. (MR) |
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| Monday, September 18, 2023 | ||
| 15 | 15
motion
Adjourn Conference
Mon 09/18 1:36 PM
Letter MOTION to Adjourn Conference currently scheduled for October 10, 2023 by East Coast Capital, Seth B. Fass, Corey Winograd. (Hardy, Tamika) |
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| Monday, September 11, 2023 | ||
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order
Order on Motion for Pre Motion Conference
Mon 09/11 1:06 PM
ORDER granting14 Motion for Pre Motion Conference. A pre-motion telephone conference is scheduled for October 10, 2023 at 2:00 PM before Judge Gary R. Brown, at which time the parties should be prepared to address Defendant's anticipated motion pursuant to Rule 12 of the Federal Rules of Civil Procedure, DE 14. The parties are to call (888) 363-4734 using ACCESS CODE 4132441 five minutes prior to the designated time. The parties are on notice that in appropriate cases, the pre-motion letter and the response, along with the parties' arguments made at the pre-motion conference, may be construed at the discretion of the Court as the motion itself. Arguments not raised in the pre-motion letters or during the pre-motion conference shall be deemed waived. See In re Best Payphones, Inc. , 450 F. App'x 8, 15 (2d Cir. 2011). At the conference, the Court will issue a briefing schedule if necessary. Plaintiffs are directed to respond to DE 14 in accordance with the undersigned's individual rules by September 25, 2023. Before requesting an adjournment, the parties shall meet and confer and submit a joint letter with several proposed dates. The parties and other attendees to the conference are also reminded that the recording of any proceeding of the Court, including this conference, is prohibited under Local Rule 1.8. Ordered by Judge Gary R. Brown on 9/8/2023. Ordered by Judge Gary R. Brown on 9/11/2023. (MR) |
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| Friday, September 08, 2023 | ||
| 14 | 14
motion
Pre Motion Conference 1 - Sealed Document - to be used ONLY in conjunction with other selection
Fri 09/08 8:30 PM
MOTION for pre motion conference by East Coast Capital, Seth B. Fass, Corey Winograd. (Hardy, Tamika) |
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Att: 1
Exhibit A - Copy of Adiel Posada's Complaint,
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Att: 2
Exhibit B - Settlement Agreement,
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Att: 3
Exhibit C - Adiel Posada Form 161-B Notice of Right to Sue Issued on Request
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| 13 | 13
motion
Leave to Electronically File Document under Seal
Fri 09/08 8:23 PM
Letter MOTION for Leave to Electronically File Document under Seal by East Coast Capital, Seth B. Fass, Corey Winograd. (Hardy, Tamika) |
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| 12 | 12
notice
Notice of Appearance
Fri 09/08 8:15 PM
NOTICE of Appearance by Tamika N. Hardy on behalf of East Coast Capital, Seth B. Fass, Corey Winograd (aty to be noticed) (Hardy, Tamika) |
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| Monday, August 14, 2023 | ||
| 11 | 11
misc
Letter
Tue 08/15 11:06 AM
Letter dated 8/14/2023 from Adiel Posada re:case, attorney and issuance of summons and complaint. (LJ) |
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| 9 | 9
service
Summons Issued
Mon 08/14 1:22 PM
Summons Issued as to East Coast Capital, Seth B. Fass, and Corey Winograd. (LF) |
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| 8 | 8
misc
Proposed Summons/Civil Cover Sheet
Mon 08/14 12:54 PM
Proposed Summons re2 Complaint by Adiel Posada. (LF) |
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| Thursday, August 03, 2023 | ||
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order
Order(Other)
Thu 08/03 5:55 PM
ORDER. It is hereby noted that attorney Chauncey Henry has been removed from the case. The Clerk of the Court is directed to mail a copy of this Order to the pro se plaintiff at his address of record. Ordered by Judge Gary R. Brown on 8/3/2023. (MR) |
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| Friday, July 28, 2023 | ||
| 7 | 7
misc
Proposed Summons/Civil Cover Sheet
Fri 07/28 11:35 AM
Proposed Summons. Re2 Complaint by Adiel Posada (Henry, Chauncey) |
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| Tuesday, June 20, 2023 | ||
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order
Order on Motion for Extension of Time to File
Tue 06/20 11:22 AM
ORDER granting6 Motion for Extension of Time to File. Based on the representations in plaintiff's letter, DE 6, plaintiff's motion for an extension of time to serve the defendants is GRANTED. If service is not made upon the defendants by August 30, 2023, or Plaintiff fails to show good cause why such service has not been effected, the complaint will be dismissed without prejudice. Plaintiff is to provide a copy of this Order to the defendants along with the summonses and complaint and shall file proof of service with the Court. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff at his address of record. Ordered by Judge Gary R. Brown on 6/20/2023. (MR) |
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| Friday, May 26, 2023 | ||
| 6 | 6
motion
Extension of Time to File Document
Fri 05/26 2:56 PM
Letter MOTION for Extension of Time to File (to serve defendants with summons and complaint) by Adiel Posada. (JC) |
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| Wednesday, March 22, 2023 | ||
| 5 | 5
order
Order(Other)
Wed 03/22 12:43 PM
ORDER: Accordingly, if service is not made upon the defendants by May 31, 2023, or Plaintiff fails to show good cause why such service has not been effected, the complaint will be dismissed without prejudice. Plaintiff is to provide a copy of this Order to the defendants along with the summonses and complaint and shall file proof of service with the Court. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff at his address of record. So Ordered by Judge Gary R. Brown on 3/22/2023. (CM to Adiel Posada 18 Westfield Rd. Coram, NY 11727). (JC) |
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| Wednesday, March 15, 2023 | ||
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order
Order(Other)
Wed 03/15 4:46 PM
ORDER. Whereas the time for Mr. Henry to file a complaint signed by himself has expired, the Clerk of Court is directed to remove his appearance from this case and the Plaintiff is encouraged to seek the assistance of the Hofstra University Pro Se Legal Assistance Program. The Clerk of Court is respectfully directed to mail a copy of this Order to the pro se plaintiff. Ordered by Judge Gary R. Brown on 3/15/2023. (JT) |
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| Tuesday, March 07, 2023 | ||
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order
Order(Other)
Tue 03/07 2:09 PM
ORDER. In this matter, Mr. Henry purports to represent the plaintiff, yet every document filed appears to be signed only by the plaintiff. Mr. Henry shall file a complaint prepared and signed by himself by Friday, March 10, 2023, or the case will be deemed a pro se matter. Ordered by Judge Gary R. Brown on 3/7/2023. (JT) |
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| Thursday, March 02, 2023 | ||
| 4 | 4
misc
Clerks Notice of Rule 73
Thu 03/02 4:07 PM
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. (LJ) |
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| 3 | 3
misc
Quality Control Check - Attorney Case Opening
Thu 03/02 4:03 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
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utility
Case Assigned/Reassigned
Thu 03/02 4:06 PM
Case Assigned to Judge Gary R. Brown and Magistrate Judge James M. Wicks. 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. (LJ) |
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| Tuesday, February 28, 2023 | ||
| 2 | 2
cmp
Complaint
Thu 03/02 3:58 PM
COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Adiel Posada. (LJ) |
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| 1 | 1
misc
Proposed Summons/Civil Cover Sheet Civil Case Filing Fee
Tue 02/28 9:59 PM
Civil Cover Sheet.. by Adiel Posada, CIVIL CASE FILING FEE: $ 402, receipt number ANYEDC-16452310 (Henry, Chauncey) |
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