Schwartz v. LiveOnNY
New York Eastern District Court | |
Judge: | Dora Lizette Irizarry |
Referred: | Sanket J Bulsara |
Case #: | 1:23-cv-08411 |
Nature of Suit | 442 Civil Rights - Employment |
Cause | 28:1331 Federal Question: Other Civil Rights |
Case Filed: | Nov 13, 2023 |
Re-opened: | Jun 15, 2023 |
Terminated: | Jun 25, 2024 |
Case in other court: | New York Southern, 1:23-cv-04042 |
Last checked: Saturday May 11, 2024 5:33 AM EDT |
Defendant
LiveOnNY
|
Represented By
|
Mediator
Rhonda Epstein
Rhonda Epstein Esq. PLLC 245 Henry Street
Brooklyn, NY 11201 |
|
Plaintiff
Renee Schwartz
322 Birch Drive
Roselle, NJ 07203 |
Represented By
|
Docket last updated: 11 hours ago |
Tuesday, June 25, 2024 | ||
order
Order Dismissing Case
Tue 06/25 11:01 AM
ORDER DISMISSING CASE per29 . So Ordered by Judge Dora Lizette Irizarry on 6/25/2024. (CC) |
||
Monday, June 24, 2024 | ||
30 | 30
![]() Letter to the Court regarding the Parties delay in filing a Stipulation of Dismissal by LiveOnNY (Benincasa, Joseph) |
|
29 | 29
![]() STIPULATION of Dismissal by LiveOnNY (Benincasa, Joseph) |
|
Friday, June 21, 2024 | ||
order
Order(Other)
Fri 06/21 1:16 PM
ORDER RE: FAILURE TO COMPLY --- On April 17, 2024, after mediation was reported settled, the Court directed the parties to file a stipulation of dismissal by May 21, 2024. See , Electronic Order dated Apr. 17, 2024. To date, the parties have failed to comply with that order. Accordingly, BY NO LATER THAN JUNE 28, 2024 , the parties shall file a stipulation of dismissal or a status report indicating why the parties failed to comply with the Court's order. Failure to comply with this order may result in the imposition of sanctions, including a finding of contempt and imposition of fines. SO ORDERED by Judge Dora Lizette Irizarry on 6/21/2024. (CC) |
||
Thursday, April 18, 2024 | ||
order
1 - Terminate Deadlines and Hearings
Thu 04/18 3:23 PM
SCHEDULING ORDER: In light of the report of mediation settled, the status conference scheduled for 4/30/2024 is hereby adjourned sine die . So Ordered by Magistrate Judge Sanket J. Bulsara on 4/18/2024. (AL) |
||
Wednesday, April 17, 2024 | ||
order
Order(Other)
Wed 04/17 11:48 AM
ORDER re Report of Mediation(Settled) -- This case has been reported as settled by mediation. As noted in the Administrative Order issued on April 16, 2024, the parties are to file their mediation reports by April 30, 2024. The parties are directed further to file a stipulation of dismissal for endorsement by the undersigned judge by May 21, 2024. SO ORDERED by Judge Dora Lizette Irizarry on 4/17/2024. (CC) |
||
Tuesday, April 16, 2024 | ||
adr
Report of Mediation(Settled/Unsettled)
Tue 04/16 12:35 PM
REPORT of Mediation Settled. Both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be submitted within two weeks following mediation session.Mediation Report due by 4/30/2024. (JR) |
||
Thursday, April 04, 2024 | ||
order
Scheduling Order 1 - Terminate Deadlines and Hearings
Thu 04/04 12:28 PM
RE-SCHEDULING ORDER: The in person status conference originally scheduled for 5/01/2024 at 11:00 A.M. is hereby advance to 4/30/2024 at 12:00 P.M. in Courtroom 13C South before Magistrate Judge Sanket J. Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/4/2024. (EM) |
||
Tuesday, March 12, 2024 | ||
adr
Selection of Mediator
Tue 03/12 3:34 PM
SELECTION OF MEDIATOR Rhonda Epstein selected as Mediator. Date Time and Location in-person/remote: March 27, 2024 . Fourteen days on or before the session date, counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation. For more details on the submission, please consult Local Civil Rule 83.8(b)(4). Attendance is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. The Confidentiality Stipulation (in-person or remote) must be signed at or before the initial mediation session by all participants and the Mediator and returned via e-mail to nyed_adr@nyed.uscourts.gov. The Mediators contact information can be found on the docket sheet. Within fourteen days of the conclusion of the mediation, both parties must submit a Mediation Report. (JR) |
||
Tuesday, December 19, 2023 | ||
adr
Mediation Instructions
Tue 12/19 11:59 AM
MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms under ADR Forms/Mediation Forms/For Counsel and Parties. Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place (in-person or remote) of the first mediation session using the Selection of the Mediator Form on the ADR Forms website under Mediator Forms/For Counsel and Parties: https://www.nyed.uscourts.gov/adr-forms or via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms under ADR Forms/Mediation Forms/For Counsel and Parties. The Confidentiality Stipulation (in-person or remote) must be signed at or before the initial mediation session by all participants and the Mediator and returned via e-mail to nyed_adr@nyed.uscourts.gov. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms under ADR Forms/Mediation Forms/For Counsel and Parties. The Mediation Report must be submitted within two weeks following mediation session. (JR) |
||
Monday, December 18, 2023 | ||
minutes
Status Conference ~Util - Set Scheduling Order Deadlines
Mon 12/18 6:12 PM
MINUTE ENTRY AND ORDER: A status conference was held on 12/18/2023 before Magistrate Judge Sanket J. Bulsara. Counsel for Plaintiff (John Francis McHugh) and counsel for Defendant (Celena R. Mayo) were present. As stated on the record, the Court adopts all deadlines in parties' proposed Rule 26(f) report28 (unless otherwise discussed on the record), and those deadlines include: Time to amend the pleadings or add additional claims shall be completed by 3/15/2024 ; and all fact discovery shall be completed by 7/30/2024 . An in-person status conference will take place on 5/1/2024 at 11:00 A.M. in Courtroom 13C South before Magistrate Judge Sanket J. Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/18/2023. (FTR Log: 4:06 P.M. - 4:17 P.M.) (AL) |
||
order
Order Referring Case to Mediation
Mon 12/18 6:13 PM
ORDER REFERRING CASE to Mediation: The parties have expressed a desire to reach an amicable resolution of this case, this case is referred to the EDNY Mediation Panel. For assistance with any questions about the mediation process or the selection of a mediator, counsel are invited to contact EDNY ADR Administrator Danielle Shalov at (718) 613-2578. The mediation shall be completed by 3/29/2024 . Selection of Mediator due by 2/8/2024 . So Ordered by Magistrate Judge Sanket J. Bulsara on 12/18/2023. (AL) |
||
Friday, December 15, 2023 | ||
28 | 28
![]() Proposed Scheduling Order by LiveOnNY (Mayo, Celena) |
|
27 | 27
![]() NOTICE of Appearance by Celena R. Mayo on behalf of LiveOnNY (aty to be noticed) (Mayo, Celena) |
|
order
Scheduling Order 1 - Terminate Deadlines and Hearings
Fri 12/15 1:04 PM
RE-SCHEDULING ORDER : The in-person status conference originally scheduled for 12/18/2023 at 11:00 A.M. will now take place at 4:00 P.M. in Courtroom 13C South before Magistrate Judge Sanket J. Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/15/2023. (EM) |
||
Tuesday, November 14, 2023 | ||
order
Scheduling Order
Tue 11/14 5:42 PM
SCHEDULING ORDER: An in-person status conference will be held on 12/18/2023 at 11:00 A.M. in Courtroom 13C South before Magistrate Judge Sanket J. Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/14/2023. (AL) |
||
Monday, November 13, 2023 | ||
26 | 26
![]() Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link:[LINK:https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf] (AF) |
|
25 | 25
![]() Case transferred in from District of New York Southern; Case Number 1:23-cv-04042. Original file certified copy of transfer order and docket sheet received. |
|
misc
ECF Admission and Registration Notification - Transfer
Mon 11/13 2:59 PM
The case of Schwartz v. LiveOnNY , has been transferred from Southern District of New York to the Eastern District of New York. The new case number is 23-cv-8411 . PLEASE NOTE: 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. (AF) |
||
Saturday, November 11, 2023 | ||
24 | 24
![]() MEMO ENDORSEMENT granting23 Motion to Change Venue. ENDORSEMENT: Upon the consent of the parties, and pursuant to 28 U.S.C. 1404(b), this case is transferred to the United States District Court for the Eastern District of New York. SO ORDERED. (Signed by Judge Lewis J. Liman on 11/11/2023) (tg) |
|
CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York.(tg) [Transferred from New York Southern on 11/13/2023.] | ||
transfer
Case Transferred Out - District Transfer
Mon 11/13 11:59 AM
CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York.(tg) |
||
Friday, November 10, 2023 | ||
23 | 23
![]() |
|
Att: 1
![]() |
||
Tuesday, November 07, 2023 | ||
22 | 22
![]() |
|
Friday, November 03, 2023 | ||
21 | 21
![]() |
|
Friday, October 20, 2023 | ||
20 | 20 ORDER granting19 Letter Motion for Extension of Time; granting19 Letter Motion for Extension of Time to Answer re19 FIRST LETTER MOTION for Extension of Time to respond to the complaint addressed to Judge Lewis J. Liman from Judy C. Selmeci dated October 19, 2023.FIRST LETTER MOTION for Extension of Time to File Answer by November 3, 2023 for LiveOnNY addressed to Judge Lewis J. Liman from Judy C. Selmeci dated October 19, 2023.. All Defendants (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis) [Transferred from New York Southern on 11/13/2023.] | |
Thursday, October 19, 2023 | ||
19 | 19
![]() |
|
Monday, September 11, 2023 | ||
18 | 18
![]() |
|
Saturday, August 26, 2023 | ||
17 | 17
![]() |
|
Tuesday, August 08, 2023 | ||
16 | 16 ORDER granting15 LETTER addressed to Judge Lewis J. Liman from Judy C. Selmeci dated 08/07/2023 re: Adjournment filed by LiveOnNY. The Initial Pretrial Conference is rescheduled to December 15, 2023 at 2:00PM. Parties are directed to dial into the Court's teleconference line at 888-251-2909 and use access code 2123101. Parties are reminded to jointly submit, by one week prior to the conference, a proposed Case Management Plan and Scheduling Order consistent with the Court's individual practices. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (mf) [Transferred from New York Southern on 11/13/2023.] | |
Set/Reset Hearings: Initial Conference set for 12/15/2023 at 02:00 PM before Judge Lewis J. Liman. (mf) [Transferred from New York Southern on 11/13/2023.] | ||
Monday, August 07, 2023 | ||
15 | 15
![]() |
|
14 | 14
![]() |
|
Wednesday, July 05, 2023 | ||
13 | 13
![]() |
|
Tuesday, June 20, 2023 | ||
12 | 12
![]() |
|
Friday, June 16, 2023 | ||
11 | 11
![]() |
|
Thursday, June 15, 2023 | ||
Transmission to Case Assignment Clerk. Transmitted re:5 Amended Civil Case Administrative Closing Order to the Case Assignment Clerk for preparation of notice of case assignment/reassignment..(gp) [Transferred from New York Southern on 11/13/2023.] | ||
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney John Francis McHugh. The party information for the following party/parties has been modified: LiveOn NY. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (pc) [Transferred from New York Southern on 11/13/2023.] | ||
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney John Francis McHugh. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (pc) [Transferred from New York Southern on 11/13/2023.] | ||
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney John Francis McHugh to RE-FILE Document No. 9 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Summons form must be the main document, do not attach anything;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) [Transferred from New York Southern on 11/13/2023.] | ||
NOTICE OF CASE REASSIGNMENT to Judge Lewis J. Liman. Judge Laura Taylor Swain is no longer assigned to the case. (sgz) [Transferred from New York Southern on 11/13/2023.] | ||
Magistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (sgz) [Transferred from New York Southern on 11/13/2023.] | ||
Wednesday, June 14, 2023 | ||
10 | 10
![]() |
|
9 | 9
![]() |
|
Att: 1
![]() |
||
8 | 8
![]() |
|
Att: 1
![]() |
||
7 | 7
![]() |
|
ADD PARTY FOR PLEADING. Defendants/Respondents Renee Schwartz added. Party added pursuant to6 Complaint,.Document filed by Renee Schwartz. Related document:6 Complaint,..(McHugh, John) [Transferred from New York Southern on 11/13/2023.] | ||
Monday, June 12, 2023 | ||
ADD PARTY FOR PLEADING. Defendants/Respondents LiveOn NY added. Party added pursuant to6 Complaint,.Document filed by Renee Schwartz. Related document:6 Complaint,..(McHugh, John) [Transferred from New York Southern on 11/13/2023.] | ||
Civil Case Opening Fee Payment: for6 Complaint,. Filing fee $ 402.00, receipt number ANYSDC-27862713..(McHugh, John) [Transferred from New York Southern on 11/13/2023.] | ||
Friday, June 09, 2023 | ||
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney John Francis McHugh to RE-FILE re: Document No. 6 Complaint,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the wrong event type was used to file the pleading; all of the parties listed on the pleading were not entered on CM ECF; the All Plaintiff radio button was selected;. Add LiveOnNY to CM ECF as a defendant. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. The Notice of Application to Reopen Case and Complaint must be filed separately under their own event types. (pc) [Transferred from New York Southern on 11/13/2023.] | ||
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney John Francis McHugh to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated October 1, 2020;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (pc) [Transferred from New York Southern on 11/13/2023.] | ||
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney John Francis McHugh to RE-FILE Document No. 4 Request for Issuance of Summons. The filing is deficient for the following reason(s): the wrong filer/filers were selected for the request for issuance of summons; The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading.;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) [Transferred from New York Southern on 11/13/2023.] | ||
***NOTICE TO ATTORNEY TO PAY THE FILING FEE. Notice to Attorney John Francis McHugh. Civil Case Opening Fee of Due: for6 Complaint,. The filing fee due was not paid; either in whole or in part..(pc) [Transferred from New York Southern on 11/13/2023.] | ||
Thursday, June 08, 2023 | ||
6 | 6
![]() |
|
Att: 1
![]() |
||
Att: 2
![]() |
||
Tuesday, May 23, 2023 | ||
5 | 5
![]() |
|
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Laura Taylor Swain. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(gp) [Transferred from New York Southern on 11/13/2023.] | ||
Case Designated ECF. (gp) [Transferred from New York Southern on 11/13/2023.] | ||
Tuesday, May 16, 2023 | ||
4 | 4
![]() |
|
3 | 3
![]() |
|
2 | 2
![]() |
|
1 | 1
![]() |
|
Att: 1
![]() |
||
Att: 2
![]() |
||
***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney John Francis McHugh to electronically file the initial pleading in this case. Failure to file the initial pleading may result in the dismissal of the case pursuant to Amended Standing Order 15-mc-00131. Initial Pleading due by 5/22/2023. (vf) [Transferred from New York Southern on 11/13/2023.] | ||
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney John Francis McHugh to RE-FILE Document No. 1 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; Attach the Civil Cover Sheet Form only. The Rule 7.1 Statement and Summons Request are filed as its own individual ECF Event not as attachments; The Civil Cover Sheet Form is Blank; the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated October 1, 2020. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at http://nysd.uscourts.gov/file/forms/civil-cover-sheet. (vf) [Transferred from New York Southern on 11/13/2023.] |