Golden v. Verizon New York Inc.
| New York Eastern District Court | |
| Judge: | Joan M Azrack |
| Referred: | Lee G Dunst |
| Case #: | 2:24-cv-06864 |
| Nature of Suit | 720 Labor - Labor/Management Relations |
| Cause | 28:1441 Notice of Removal |
| Case Filed: | Sep 27, 2024 |
| Case in other court: | Supreme Court State of New York, Nassau County, 000682/2024 |
| Last checked: Wednesday Mar 26, 2025 5:18 AM EDT |
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Defendant
Verizon New York Inc.
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Represented By
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Plaintiff
Timothy J. Golden
3584 Tuscala St.
Seaford, NY 11783 |
| Docket last updated: 5 hours ago |
| Friday, March 14, 2025 | ||
| 38 | 38
service
Certificate of Service
Fri 03/14 12:04 PM
CERTIFICATE OF SERVICE by Verizon New York Inc. re37 Reply to Response to Motion (Mishra, Devjani) |
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| 37 | 37
respm
Reply to Response to Motion
Fri 03/14 12:01 PM
REPLY to Response to Motion re32 MOTION to Dismiss filed by Verizon New York Inc.. (Mishra, Devjani) |
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| 36 | 36
respm
Affidavit/Declaration in Opposition to Motion
Fri 03/14 10:35 AM
AFFIDAVIT/DECLARATION in Opposition re32 MOTION to Dismiss (Affirmation of Timothy J. Golden in Opposition) filed by Verizon New York Inc.. (Mishra, Devjani) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3,
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Att: 4
Exhibit 4,
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Att: 5
Exhibit 5,
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Att: 6
Exhibit 6,
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Att: 7
Exhibit 7,
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Att: 8
Exhibit 8
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| 35 | 35
notice
Notice(Other)
Fri 03/14 10:28 AM
NOTICE by Verizon New York Inc. re32 MOTION to Dismiss (Notice Pursuant to Local Civil Rule 12.1) (Mishra, Devjani) |
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| 34 | 34
respm
Affidavit/Declaration in Support of Motion
Fri 03/14 10:24 AM
AFFIDAVIT/DECLARATION in Support re32 MOTION to Dismiss (Declaration of Devjani H. Mishra in Support) filed by Verizon New York Inc.. (Mishra, Devjani) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D
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| 33 | 33
16
pgs
respoth
Memorandum in Support
Fri 03/14 10:24 AM
MEMORANDUM in Support re32 MOTION to Dismiss filed by Verizon New York Inc.. (Mishra, Devjani) |
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| 32 | 32
motion
Dismiss
Fri 03/14 10:15 AM
MOTION to Dismiss by Verizon New York Inc.. (Mishra, Devjani) |
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| Monday, February 24, 2025 | ||
| 30 | 30
notice
Notice of Appearance
Mon 02/24 12:59 PM
NOTICE of Appearance by Samuel Wiles on behalf of Verizon New York Inc. (aty to be noticed) (Wiles, Samuel) |
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Att: 1
Certificate of Service
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| Friday, February 21, 2025 | ||
| 31 | 31
service
Certificate of Service
Mon 02/24 1:40 PM
AFFIRMATION OF SERVICE by Timothy J. Golden re Affirmation/affidavit in opposition to defendant's motion to dismiss upon: Devahni H. Mishra, Little Mendenson, P.C.. (LC) |
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| Wednesday, February 19, 2025 | ||
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misc
Request for Certificate of Default - Denied
Wed 02/19 2:54 PM
REQUEST for Certificate of Default29 is denied at this time. By order dated 11/8/24, the Court granted the defendant permission to move to dismiss. By order dated 11/20/24, the Court adopted the parties' joint proposed briefing schedule for the motion. According to the schedule, the fully briefed motion is due to be filed 3/14/25. (JT) |
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| Tuesday, February 18, 2025 | ||
| 29 | 29
misc
Request for Certificate of Default
Tue 02/18 2:49 PM
REQUEST FOR CERTIFICATE OF DEFAULT by Timothy J. Golden. (LC) |
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| Wednesday, January 29, 2025 | ||
| 28 | 28
service
Certificate of Service
Wed 01/29 3:42 PM
CERTIFICATE OF SERVICE by Verizon New York Inc. for January 29, 2025 Order (Bryton, James) |
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order
Order on Motion to Show Cause
Wed 01/29 12:21 PM
ORDER denying18 Motion for Order to Show Cause for Preliminary Injunction and Temporary Restraining Order; granting19 Motion for Stay. Pro se Plaintiff submitted a self-styled "Order to Show Cause" opposing a stay on discovery (even though Defendant had not yet filed any such motion). See DE18 at 3. The Court then received additional submissions from Defendant (DE19 ) seeking a discovery stay pending a decision by District Judge Joan M. Azrack on Defendant's motion to dismiss and from Plaintiff (DE27 ) in further opposition to a stay. As a general matter, "[p]arties may obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense and proportional to the needs of the case." Fed. R. Civ. P. 26(b)(1). However, under Fed. R. Civ. P. 26(c), the Court may stay discovery during the pendency of a dispositive motion for "good cause" shown. Mulligan v. Long Island Univ. , No. 18-CV-2885, 2018 WL 8014320, at *1 (E.D.N.Y. Dec. 13, 2018). The Court has "considerable discretion" under Rule 26(c) to determine whether a stay on discovery is warranted. Lopez v. City of New York , No. 20-CV-2502, 2021 WL 2739058, at *1 (S.D.N.Y. July 1, 2021); see, e.g. , In re Mirena IUS Levonorgestrel-Related Prod. Liab. Litig. (No. II) , 982 F.3d 113, 125 (2d Cir. 2020) ; Elnenaey v. JP Morgan Chase Bank, N.A. , 2021 WL 7908626, at *1 (E.D.N.Y. Oct. 7, 2021) (in deciding whether to stay discovery, the relevant factors include "(1) whether a 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") (citation omitted). "The party seeking a stay of discovery bears the burden of showing good cause." Bennett v. Cuomo , No. 22-CV-7846, 2023 WL 2021560, at *1 (S.D.N.Y. Feb. 15, 2023) (citations omitted). In light of its "considerable discretion," the Court concludes that Defendant has demonstrated that a stay on all discovery is warranted at this time. First , as to the strength of the dismissal motion, Defendant appears to have a compelling argument that "Plaintiff is attempting to relitigate issues previously raised and dismissed as time-barred in an earlier federal action in the Southern District of New York." DE19 at 1. Second , Defendant's overbreadth and burden arguments regarding discovery are convincing, especially in light of the apparent strength of the dismissal motion. Third , Plaintiff would not be overly-prejudiced by a stay on discovery at this time, as this case involves events from more than fifteen years ago and was the subject a previously-dismissed action in the Southern District of New York. Plaintiff's arguments do not rebut the substantial showing by Defendant in support of the stay. Balancing the above factors and exercising the undersigned's discretion, the Court finds that a stay on all discovery is warranted and therefore GRANTS Defendant's motion at DE19 to stay all discovery pending Judge Azrack's decision on the dismissal motion and DENIES Plaintiff's Motion for an Order to Show Cause at DE18 . Defendant shall serve a copy of this Order on pro se Plaintiff and file proof of service via ECF. Ordered by Magistrate Judge Lee G. Dunst on 1/29/2025. (MJG) |
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| Friday, January 17, 2025 | ||
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respm
Reply to Response to Motion
Fri 01/17 12:32 PM
REPLY to19 Response to18 MOTION for Order to Show Cause for Preliminary Injunction and Temporary Restraining Order . Filed by Timothy J. Golden. (LC) |
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| Tuesday, January 07, 2025 | ||
| 26 | 26
service
Certificate of Service
Tue 01/07 9:07 PM
CERTIFICATE OF SERVICE by Verizon New York Inc. for Defendant's Motion to Dismiss, including the Notice of Motion, Memorandum of Law in Support, and the Declaration of Devani H. Mishra, Esq. with Exhibits A-D (Bryton, James) |
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| 25 | 25
service
Certificate of Service
Tue 01/07 9:04 PM
CERTIFICATE OF SERVICE by Verizon New York Inc. for January 6, 2025 Order. (Bryton, James) |
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order
Order on Motion to Dismiss
Tue 01/07 11:24 AM
ORDER denying21 Motion to Dismiss: The motion fails to comply with the bundling rule set forth in Judge Azrack's Individual Rules, which states that, with certain exceptions not relevant here, "no motion papers shall be filed on ECF until the motion is fully briefed." See Individual Rule IV.G(2); see also 11/20/2024 Order ("Defendant shall file all motion papers consistent with the 'bundling rule' set forth in undersigned's Individual Rule ('Rule') IV.G.2.") Accordingly, the motion is denied without prejudice for failure to comply with this Court's Individual Rules. Ordered by Judge Joan M. Azrack on 1/7/2025. (MO) |
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| Monday, January 06, 2025 | ||
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notice
Notice(Other)
Mon 01/06 8:27 PM
NOTICE by Verizon New York Inc. re21 MOTION to Dismiss (Notice Pursuant to Local Civil Rule 12.1) (Mishra, Devjani) |
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| 23 | 23
respm
Affidavit/Declaration in Support of Motion
Mon 01/06 8:22 PM
AFFIDAVIT/DECLARATION in Support re21 MOTION to Dismiss filed by Verizon New York Inc.. (Mishra, Devjani) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D
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| 22 | 22
16
pgs
respoth
Memorandum in Support
Mon 01/06 8:13 PM
MEMORANDUM in Support re21 MOTION to Dismiss filed by Verizon New York Inc.. (Mishra, Devjani) |
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motion
Dismiss
Mon 01/06 8:02 PM
MOTION to Dismiss by Verizon New York Inc.. (Mishra, Devjani) |
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order
Order(Other)
Mon 01/06 11:38 AM
ORDER: Pro se Plaintiff shall respond to DE19 by 1/17/2025 . In the event that pro se Plaintiff fails to respond, the Court will rule on Defendant's request to stay discovery based on the current record. Defendant shall serve this Order on Plaintiff and file evidence of service on ECF. Ordered by Magistrate Judge Lee G. Dunst on 1/6/2025. (GS) |
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| Friday, January 03, 2025 | ||
| 20 | 20
service
Certificate of Service
Fri 01/03 1:09 PM
CERTIFICATE OF SERVICE by Verizon New York Inc. of 19 Defendant's Response to Motion (Bryton, James) |
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| 19 | 19
respm
Response to Motion
Fri 01/03 12:50 PM
RESPONSE to Motion re18 MOTION for Order to Show Cause for Preliminary Injunction and Temporary Restraining Order filed by Verizon New York Inc.. (Mishra, Devjani) |
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| Tuesday, December 17, 2024 | ||
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order
~Util - Set Deadlines
Tue 12/17 1:10 PM
ORDER: The Court is in receipt of pro se Plaintiff's self-styled "Order to Show Cause" opposing a stay on discovery and seeking other relief. See DE18 . It is hereby ordered that Defendant respond to DE18 by 1/3/2025 . Ordered by Magistrate Judge Lee G. Dunst on 12/17/2024. (GS) |
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| Monday, December 16, 2024 | ||
| 18 | 18
motion
Show Cause
Mon 12/16 12:59 PM
MOTION for Order to Show Cause for Preliminary Injunction and Temporary Restraining Order by Timothy J. Golden. (AMF) |
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| Thursday, December 05, 2024 | ||
| 17 | 17
service
Certificate of Service
Thu 12/05 11:33 AM
CERTIFICATE OF SERVICE by Verizon New York Inc. for 16 December 2, 2024 Minute Entry and Order (Bryton, James) |
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| Monday, December 02, 2024 | ||
| 16 | 16
minutes
Initial Conference Hearing
Tue 12/03 3:40 PM
Minute Entry for proceedings held on 12/2/2024 before Magistrate Judge Lee G. Dunst: Civil Cause for Initial Conference. Counsel for Plaintiff: Timothy J. Golden, pro se. Counsel for Defendant: James Frederick Bryton. FTR #: 12:40-12:45, via Zoom. Case called. Pro se plaintiff absent. Counsel for defendants present. For the reasons stated on the record, Pro se Plaintiff is ORDERED to show cause by 12/16/2024 as to why the Court should not stay discovery in this case pending a ruling by District Judge Joan M. Azrack on the to-be-filed Motion to Dismiss. If the Court does not receive Pro se Plaintiffs submission by 12/16/2024, it will rule based on the current record. Defendant is directed to serve a copy of this order on Pro se Plaintiff and file evidence of service on ECF. SO ORDERED by Magistrate Judge Lee G. Dunst on 12/2/2024. (CT) |
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| Monday, November 25, 2024 | ||
| 15 | 15
service
Certificate of Service
Mon 11/25 10:55 AM
CERTIFICATE OF SERVICE by Verizon New York Inc. for November 20, 2024 Electronic Scheduling Order (Bryton, James) |
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| Wednesday, November 20, 2024 | ||
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order
Scheduling Order
Wed 11/20 5:09 PM
ELECTRONIC SCHEDULING ORDER: The Court SO ORDERS the parties' proposed briefing schedule set forth in DE14 insofar as it concerns service in connection with Defendant's dismissal motion. Defendant shall file all motion papers consistent with the "bundling rule" set forth in undersigned's Individual Rule ("Rule") IV.G.2. Defendant shall also comply with Local Civil Rule 7.2. The parties shall comply with the page limitations set forth in Rule IV.C. The Court will not consider submissions that exceed those page limitations. See Lue v. JPMorgan Chase & Co. , 768 F. App'x 7, 9 (2d Cir. 2019). To be clear to Plaintiff, his opposition brief may not exceed 25 pages. See Rule IV.C. Defendant shall serve copy of this Order upon Plaintiff and file proof of service by 11/25/2024 . Ordered by Judge Joan M. Azrack on 11/20/2024. (CB) |
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| Tuesday, November 19, 2024 | ||
| 14 | 14
misc
Letter
Tue 11/19 2:21 PM
Letter regarding Joint Proposed Briefing Schedule for Defendant's anticipated Motion to Dismiss, pursuant to the Court's November 8, 2024 Order, by Verizon New York Inc. (Mishra, Devjani) |
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| Tuesday, November 12, 2024 | ||
| 13 | 13
service
Certificate of Service
Tue 11/12 2:39 PM
CERTIFICATE OF SERVICE by Verizon New York Inc. for November 8, 2024 Electronic Order (Bryton, James) |
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| Friday, November 08, 2024 | ||
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order
Order on Motion for Pre Motion Conference
Fri 11/08 1:42 PM
ORDER: The Court waives its pre-motion conference requirement for Defendant's anticipated motion to dismiss. Accordingly, Defendant's pre-motion conference request at DE8 is DENIED AS MOOT. The parties shall submit a joint proposed briefing schedule for Defendant's motion to dismiss by 11/19/2024 . Defendant shall serve a copy of this Order upon Plaintiff and file proof of service by 11/12/2024 . Ordered by Judge Joan M. Azrack on 11/8/2024. (CB) |
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| Tuesday, October 29, 2024 | ||
| 12 | 12
respm
Affidavit/Declaration in Opposition to Motion
Wed 10/30 11:12 AM
AFFIDAVIT/AFFIRMATION in Opposition re8 Letter MOTION for pre motion conference regarding anticipated R. 12(b)(6) Motion to Dismiss the Complaint . Filed by Timothy J. Golden. (LC) |
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| Friday, October 25, 2024 | ||
| 11 | 11
service
Certificate of Service
Fri 10/25 2:19 PM
CERTIFICATE OF SERVICE by Verizon New York Inc. for October 23, 2024 Electronic Scheduling Order and 8 Request for Pre-Motion Conference (Bryton, James) |
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| 10 | 10
notice
Notice of Appearance
Fri 10/25 2:15 PM
NOTICE of Appearance by James Fredrick Bryton on behalf of Verizon New York Inc. (aty to be noticed) (Bryton, James) |
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| Wednesday, October 23, 2024 | ||
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order
Scheduling Order
Wed 10/23 9:35 PM
ELECTRONIC SCHEDULING ORDER: On 10/11/2024, Defendant filed the pre-motion conference request at DE8 ("PMC Request") regarding an anticipated motion to dismiss this case. The undersigned's Individual Rule ("Rule") IV.B required Plaintiff to file a response of no more than three pages to the PMC Request by 10/18/2024. Plaintiff, however, failed to file that response by its due date and has not filed that response in the intervening five days. As a one-time courtesy to pro se Plaintiff, the Court EXTENDS Plaintiff's deadline to respond to the PMC Request. Plaintiff shall file his response, of no more than three pages, to the PMC Request by 10/30/2024 . Plaintiff is warned that failure to comply with this Order may lead to dismissal for failure to prosecute. See Fed. R. Civ. P. 41(b). Defense counsel shall serve a copy of this Order together with another copy of the PMC Request upon Plaintiff and file proof of service by 10/25/2024 . Ordered by Judge Joan M. Azrack on 10/23/2024. (CB) |
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| Monday, October 14, 2024 | ||
| 9 | 9
service
Certificate of Service
Mon 10/14 8:03 AM
CERTIFICATE OF SERVICE by Verizon New York Inc. for Scheduling Order and Request for Pre-Motion Conference (Mishra, Devjani) |
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| Friday, October 11, 2024 | ||
| 8 | 8
motion
Pre Motion Conference
Fri 10/11 1:40 PM
Letter MOTION for pre motion conference Regarding Anticipated R. 12(b)(6) Motion to Dismiss the Complaint by Verizon New York Inc.. (Mishra, Devjani) |
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| Friday, October 04, 2024 | ||
| 7 | 7
misc
Letter
Fri 10/04 12:01 PM
Pro Se Office Letter to Pro Se Litigant Acknowledging Receipt of Civil Action. (HM) |
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| Wednesday, October 02, 2024 | ||
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order
Scheduling Order
Wed 10/02 2:13 PM
SCHEDULING ORDER: The Court will hold an Initial Conference on 12/2/2024 at 12:30PM via Zoom Teleconference. The parties should dial 669-254-5252 and enter meeting ID 161 439 4686 and passcode 654686. The parties are directed to follow Judge Dunst's Individual Practice Rules, which are available on the Court's website, and submit a proposed discovery plan/scheduling order at least five business days prior to the initial conference pursuant to Judge Dunst's Individual Practice Rule IV.A.1. Counsel for Defendant shall serve a copy of this Order on pro se Plaintiff and file proof of service on ECF. Ordered by Magistrate Judge Lee G. Dunst on 10/2/2024. (CT) |
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| Tuesday, October 01, 2024 | ||
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notice
Notice of Appearance
Tue 10/01 12:30 PM
NOTICE of Appearance by Devjani Mishra on behalf of Verizon New York Inc. (aty to be noticed) (Mishra, Devjani) |
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| 5 | 5
misc
Clerks Notice of Rule 73
Tue 10/01 12:04 PM
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] (LJ) |
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| 4 | 4
misc
Quality Control Check - Attorney Case Opening
Tue 10/01 10:51 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) (LJ). |
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Att: 1
(10/1/2024) Additional Corrections
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utility
Case Assigned/Reassigned
Tue 10/01 12:02 PM
Case Assigned to Judge Joan M. Azrack and Magistrate Judge Lee G. Dunst. 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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| Monday, September 30, 2024 | ||
| 3 | 3
Civil Cover Sheet.. by Verizon New York Inc (Moy, Gary)
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| Notice: Missing Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please submit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (SDM) | ||
| Friday, September 27, 2024 | ||
| 2 | 2
Corporate Disclosure Statement by Verizon New York Inc identifying Corporate Parent NYNEX LLC for Verizon New York Inc. (Moy, Gary)
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| 1 | 1
NOTICE OF REMOVAL by Verizon New York Inc from Supreme Court of the State of New York, County of Nassau, case number 000682/2024. Was the Disclosure Statement on Civil Cover Sheet completed -Yes ( Filing fee $ 405 receipt number ANYEDC-18331775) (Moy, Gary) Modified on 10/1/2024 (LJ).
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Att: 1
Exhibit A - Docket sheet earlier filed case dismissed in SDNY,
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Att: 2
Exhibit B - Plaintiff's Complaint,
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Att: 3
Exhibit C - Notice to State Court Clerk re Removal,
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Att: 4
Exhibit D - Notice to Adverse Party re Removal
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