Case number 1:20-cv-08180
Paul Rudolph Foundation, Inc. v. Paul Rudolph Heritage Foundation et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Mar 22, 2023 | 138 | LETTER addressed to Magistrate Judge Sarah L. Cave from Theodore J. Hawkins dated March 22, 2023 re: Response to Plaintiffs letter motion dated March 17, 2023. Document filed by Paul Rudolph Heritage Foundation, Ernst Wagner. (Attachments: # 1 Exhibit A).(Hawkins, Theodore) (Entered: 03/22/2023) (Main Document) (4) |
| Mar 22, 2023 | 138 | LETTER addressed to Magistrate Judge Sarah L. Cave from Theodore J. Hawkins dated March 22, 2023 re: Response to Plaintiffs letter motion dated March 17, 2023. Document filed by Paul Rudolph Heritage Foundation, Ernst Wagner. (Attachments: # 1 Exhibit A).(Hawkins, Theodore) (Entered: 03/22/2023) (Exhibit A) (10) |
| Mar 20, 2023 | 137 | ORDER granting 136 Letter Motion for Conference re: 136 LETTER MOTION for Conference Regarding Privilege Waiver Discovery Dispute addressed to Magistrate Judge Sarah L. Cave from Lauren Sabol dated 2023-03-17. The Court is in receipt of Plaintiff Paul Rudolph Foundation's request for a discovery conference (ECF No. 136 (the "Letter-Motion")), and orders as follows:1. The Letter-Motion is GRANTED, and a telephonic discovery conference is scheduled for Wednesday, March 29, 2023 at 3:00 p.m. on the Court's conference line. The parties are directed to call: 866-390-1828; access code: 380-9799, at the scheduled time.2. By Wednesday, March 22, 2023, Defendants shall file their response to the Letter-Motion. 3. By Thursday, March 23, 2023, Plaintiff shall file (i) the documents Defendants are attempting to claw back, and (ii) a reply in support of the Letter-Motion, if any.The Clerk of Court is respectfully directed to close ECF No. 136. SO ORDERED. ( Telephone Conference set for 3/29/2023 at 03:00 PM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 3/20/23) (yv) (Entered: 03/20/2023) (1) |
| Mar 17, 2023 | 136 | LETTER MOTION for Conference Regarding Privilege Waiver Discovery Dispute addressed to Magistrate Judge Sarah L. Cave from Lauren Sabol dated 2023-03-17. Document filed by Paul Rudolph Foundation, Inc. (a non-profit corporation). (Attachments: # 1 Exhibit A - PRIMA_WAG_0006926, # 2 Exhibit B - Dickinson 3-7-23 Rough Tr. Excerpt, # 3 Exhibit C - Dickinson 3-11-23 Rough Tr. Excerpt).(Sabol, Lauren) (Entered: 03/17/2023) (Main Document) (4) |
| Mar 17, 2023 | 136 | LETTER MOTION for Conference Regarding Privilege Waiver Discovery Dispute addressed to Magistrate Judge Sarah L. Cave from Lauren Sabol dated 2023-03-17. Document filed by Paul Rudolph Foundation, Inc. (a non-profit corporation). (Attachments: # 1 Exhibit A - PRIMA_WAG_0006926, # 2 Exhibit B - Dickinson 3-7-23 Rough Tr. Excerpt, # 3 Exhibit C - Dickinson 3-11-23 Rough Tr. Excerpt).(Sabol, Lauren) (Entered: 03/17/2023) (Exhibit A - PRIMA_WAG_0006926) (6) |
| Mar 17, 2023 | 136 | LETTER MOTION for Conference Regarding Privilege Waiver Discovery Dispute addressed to Magistrate Judge Sarah L. Cave from Lauren Sabol dated 2023-03-17. Document filed by Paul Rudolph Foundation, Inc. (a non-profit corporation). (Attachments: # 1 Exhibit A - PRIMA_WAG_0006926, # 2 Exhibit B - Dickinson 3-7-23 Rough Tr. Excerpt, # 3 Exhibit C - Dickinson 3-11-23 Rough Tr. Excerpt).(Sabol, Lauren) (Entered: 03/17/2023) (Exhibit B - Dickinson 3-7-23 Rough Tr. Excerpt) (13) |
| Mar 17, 2023 | 136 | LETTER MOTION for Conference Regarding Privilege Waiver Discovery Dispute addressed to Magistrate Judge Sarah L. Cave from Lauren Sabol dated 2023-03-17. Document filed by Paul Rudolph Foundation, Inc. (a non-profit corporation). (Attachments: # 1 Exhibit A - PRIMA_WAG_0006926, # 2 Exhibit B - Dickinson 3-7-23 Rough Tr. Excerpt, # 3 Exhibit C - Dickinson 3-11-23 Rough Tr. Excerpt).(Sabol, Lauren) (Entered: 03/17/2023) (Exhibit C - Dickinson 3-11-23 Rough Tr. Excerpt) (30) |
| Feb 15, 2023 | 135 | ORDER denying 133 Letter Motion for Conference re: 133 LETTER MOTION for Conference Regarding Discovery Dispute addressed to Magistrate Judge Sarah L. Cave from Lauren Sabol dated 2023-02-12. Having considered the parties' submissions, the Court orders as follows: 1. The Request is DENIED. 2. By February 22, 2023, PRHF shall serve amended responses to the RFPs. 3. Defendants' responses to the Interrogatories are HELD IN ABEYANCE pending completion of Defendants' depositions. Within two weeks of the final Defendant's deposition, Defendants shall respond to the Interrogatories. The Clerk of Court is respectfully directed to close ECF No. 133. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 2/15/2023) (vfr) (Entered: 02/15/2023) (1) |
| Feb 14, 2023 | 134 | LETTER addressed to Magistrate Judge Sarah L. Cave from Theodore J. Hawkins dated February 14, 2023 re: Opposition to Plaintiffs Letter-Motion Regarding Discovery Dispute. Document filed by Paul Rudolph Heritage Foundation, Ernst Wagner..(Hawkins, Theodore) (Entered: 02/14/2023) (4) |
| Feb 12, 2023 | 133 | LETTER MOTION for Conference Regarding Discovery Dispute addressed to Magistrate Judge Sarah L. Cave from Lauren Sabol dated 2023-02-12. Document filed by Paul Rudolph Foundation, Inc. (a non-profit corporation). (Attachments: # 1 Exhibit PRHF RFP Responses, # 2 Exhibit PRHF INT Responses, # 3 Exhibit Wagner INT Responses, # 4 Exhibit Pusateri Rough Dep. Tr. Excerpt).(Sabol, Lauren) (Entered: 02/12/2023) (Main Document) (4) |
| Feb 12, 2023 | 133 | LETTER MOTION for Conference Regarding Discovery Dispute addressed to Magistrate Judge Sarah L. Cave from Lauren Sabol dated 2023-02-12. Document filed by Paul Rudolph Foundation, Inc. (a non-profit corporation). (Attachments: # 1 Exhibit PRHF RFP Responses, # 2 Exhibit PRHF INT Responses, # 3 Exhibit Wagner INT Responses, # 4 Exhibit Pusateri Rough Dep. Tr. Excerpt).(Sabol, Lauren) (Entered: 02/12/2023) (Exhibit PRHF RFP Responses) (22) |
| Feb 12, 2023 | 133 | LETTER MOTION for Conference Regarding Discovery Dispute addressed to Magistrate Judge Sarah L. Cave from Lauren Sabol dated 2023-02-12. Document filed by Paul Rudolph Foundation, Inc. (a non-profit corporation). (Attachments: # 1 Exhibit PRHF RFP Responses, # 2 Exhibit PRHF INT Responses, # 3 Exhibit Wagner INT Responses, # 4 Exhibit Pusateri Rough Dep. Tr. Excerpt).(Sabol, Lauren) (Entered: 02/12/2023) (Exhibit PRHF INT Responses) (12) |
| Feb 12, 2023 | 133 | LETTER MOTION for Conference Regarding Discovery Dispute addressed to Magistrate Judge Sarah L. Cave from Lauren Sabol dated 2023-02-12. Document filed by Paul Rudolph Foundation, Inc. (a non-profit corporation). (Attachments: # 1 Exhibit PRHF RFP Responses, # 2 Exhibit PRHF INT Responses, # 3 Exhibit Wagner INT Responses, # 4 Exhibit Pusateri Rough Dep. Tr. Excerpt).(Sabol, Lauren) (Entered: 02/12/2023) (Exhibit Wagner INT Responses) (10) |
| Feb 12, 2023 | 133 | LETTER MOTION for Conference Regarding Discovery Dispute addressed to Magistrate Judge Sarah L. Cave from Lauren Sabol dated 2023-02-12. Document filed by Paul Rudolph Foundation, Inc. (a non-profit corporation). (Attachments: # 1 Exhibit PRHF RFP Responses, # 2 Exhibit PRHF INT Responses, # 3 Exhibit Wagner INT Responses, # 4 Exhibit Pusateri Rough Dep. Tr. Excerpt).(Sabol, Lauren) (Entered: 02/12/2023) (Exhibit Pusateri Rough Dep. Tr. Excerpt) (8) |
| Feb 3, 2023 | 132 | OPINION AND ORDER. For the reasons set forth above, the Request is GRANTED IN PART and DENIED IN PART, and PRF shall: (i) remove the AEO designation from portions of Exemplars 2 and 4 as set forth herein, the entirety of Exemplars 3 and 6 through 20, and the Responses; (ii) promptly review the rest of the Documents for potential re-designation consistent with this Opinion and Order; and (iii) by February 15, 2023, produce the Re-Designated Exemplars, the Re-Designated Responses, and any other re-designated Documents. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 2/3/23) (yv) (Entered: 02/03/2023) (10) |
| Feb 2, 2023 | 130 | ORDER: Before the Court is Defendants' request for an "order allowing the deposition of Defendant Ernst Wagner to proceed during the week of February 20, 2023[.]" (ECF No. 127 ("Defendants' Request")). Plaintiff opposes Defendants' Request, arguing, inter alia, that it would "preclude Mr. Wagner from being examined before the last week of discovery and just prior to the corporate deposition of his co-defendant," and thus "would severely prejudice Plaintiff[.]" (ECF No. 129 at 1). Defendants' Request is GRANTED. To alleviate Plaintiff's prejudice concerns, the Court sua sponte extends the fact discovery deadline to March 17, 2023. SO ORDERED. ( Fact Discovery due by 3/17/2023.) (Signed by Magistrate Judge Sarah L Cave on 2/2/2023) (tg) (Entered: 02/02/2023) (1) |
| Feb 2, 2023 | 131 | ORDER denying 123 Letter Motion for Conference re: 123 LETTER MOTION for Conference (Discovery Conference) addressed to Magistrate Judge Sarah L. Cave from Cameron S. Reuber dated January 11, 2023. Plaintiff's Request is DENIED. The Clerk of Court is respectfully directed to close ECF No. 123. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 2/2/23) (yv) (Entered: 02/02/2023) (3) |
| Feb 1, 2023 | 128 | MEMO ENDORSEMENT on re: 127 Letter, filed by Paul Rudolph Heritage Foundation, Ernst Wagner. ENDORSEMENT: Plaintiff shall respond to Defendants' letter at ECF No. 127 by February 2, 2023. (Signed by Magistrate Judge Sarah L Cave on 2/1/2023) (ate) (Entered: 02/01/2023) (1) |
| Feb 1, 2023 | 129 | LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from Cameron S. Reuber dated February 1, 2023 re: 123 LETTER MOTION for Conference (Discovery Conference) addressed to Magistrate Judge Sarah L. Cave from Cameron S. Reuber dated January 11, 2023. . Document filed by Paul Rudolph Foundation, Inc. (a non-profit corporation). (Attachments: # 1 Exhibit 1 - PRFs Cross-Motion for Summary Judgment).(Reuber, Cameron) (Entered: 02/01/2023) (Main Document) (3) |
| Feb 1, 2023 | 129 | LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from Cameron S. Reuber dated February 1, 2023 re: 123 LETTER MOTION for Conference (Discovery Conference) addressed to Magistrate Judge Sarah L. Cave from Cameron S. Reuber dated January 11, 2023. . Document filed by Paul Rudolph Foundation, Inc. (a non-profit corporation). (Attachments: # 1 Exhibit 1 - PRFs Cross-Motion for Summary Judgment).(Reuber, Cameron) (Entered: 02/01/2023) (Exhibit 1 - PRFs Cross-Motion for Summary Judgment) (20) |
| Jan 31, 2023 | 127 | LETTER addressed to Magistrate Judge Sarah L. Cave from Theodore J. Hawkins dated January 31, 2023 re: Protective Order Regarding the Deposition of Ernst Wagner. Document filed by Paul Rudolph Heritage Foundation, Ernst Wagner. (Attachments: # 1 Exhibit 1).(Hawkins, Theodore) (Entered: 01/31/2023) (Main Document) (2) |
| Jan 31, 2023 | 127 | LETTER addressed to Magistrate Judge Sarah L. Cave from Theodore J. Hawkins dated January 31, 2023 re: Protective Order Regarding the Deposition of Ernst Wagner. Document filed by Paul Rudolph Heritage Foundation, Ernst Wagner. (Attachments: # 1 Exhibit 1).(Hawkins, Theodore) (Entered: 01/31/2023) (Exhibit 1) (30) |
| Jan 17, 2023 | 125 | ORDER: Before the Court is Defendants' request for an order directing Plaintiff to re-designate the documents (the "Documents") and interrogatory responses (the "Interrogatory Responses") Plaintiff produced with the designation "Confidential Attorneys' Eyes Only" ("AEO"), or "find that the AEO designation should be lifted from all documents." (ECF No. 121). The parties shall promptly meet and confer to select 20 exemplar Documents (the "Exemplars") and, by January 20, 2023, Plaintiff shall submit the Exemplars and unredacted Interrogatory Responses to the Court for in camera review. The Court will provide Plaintiff with a link to submit these documents through the Courts file-share system. (Signed by Magistrate Judge Sarah L Cave on 1/17/2023) (tro) (Entered: 01/17/2023) (1) |
| Jan 17, 2023 | 126 | LETTER addressed to Magistrate Judge Sarah L. Cave from Theodore J. Hawkins dated January 17, 2023 re: Response to a letter from Plaintiff (Dkt. No. 123). Document filed by Paul Rudolph Heritage Foundation, Ernst Wagner..(Hawkins, Theodore) (Entered: 01/17/2023) (3) |
| Jan 13, 2023 | 124 | LETTER addressed to Magistrate Judge Sarah L. Cave from Theodore J. Hawkins dated January 13, 2023 re: further support of Defendants request for judicial assistance to compel. Document filed by Paul Rudolph Heritage Foundation, Ernst Wagner. (Attachments: # 1 Exhibit 1).(Hawkins, Theodore) (Entered: 01/13/2023) (Main Document) (3) |
| Jan 13, 2023 | 124 | LETTER addressed to Magistrate Judge Sarah L. Cave from Theodore J. Hawkins dated January 13, 2023 re: further support of Defendants request for judicial assistance to compel. Document filed by Paul Rudolph Heritage Foundation, Ernst Wagner. (Attachments: # 1 Exhibit 1).(Hawkins, Theodore) (Entered: 01/13/2023) (Exhibit 1) (23) |
| Jan 11, 2023 | 122 | LETTER addressed to Magistrate Judge Sarah L. Cave from Cameron S. Reuber dated January 11, 2023 re: in response to Defendants' letter (Dkt. 121). Document filed by Paul Rudolph Foundation, Inc...(Reuber, Cameron) (Entered: 01/11/2023) (3) |
| Jan 11, 2023 | 123 | LETTER MOTION for Conference (Discovery Conference) addressed to Magistrate Judge Sarah L. Cave from Cameron S. Reuber dated January 11, 2023. Document filed by Paul Rudolph Foundation, Inc...(Reuber, Cameron) (Entered: 01/11/2023) (3) |
| Jan 6, 2023 | 121 | LETTER addressed to Magistrate Judge Sarah L. Cave from Theodore J. Hawkins dated January 6, 2022 re: Plaintiffs wrongful designation of 1,963 documents, or 48% of Plaintiffs current production. Document filed by Paul Rudolph Heritage Foundation..(Hawkins, Theodore) (Entered: 01/06/2023) (5) |
| Dec 19, 2022 | 120 | ORDER. Defendants' request for an order directing Plaintiff "to properly redesignate the documents it produced" as "Confidential Attorneys' Eyes Only" ("AEO"), or "find that the AEO designation should be lifted from all documents" (ECF No. 119 (the "Request")) is DENIED WITHOUT PREJUDICE to renewal on a showing of compliance with the Court's Individual Practices, which provide that "[t]he Court will not hear any discovery dispute unless the moving party... has first conferred in good faith with any adverse party to resolve the dispute." Ind. Prac. ¶ II.C.1. "An exchange of letters or emails alone does not satisfy this requirement." Id. Accordingly, Defendants shall confer with Plaintiff and, if the parties are unable to resolve their dispute, Defendants may renew the Request. In accordance with the Court's Individual Practices, Plaintiff shall "respond promptly and in good faith" to Defendants' request to confer. Id. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 12/19/22) (yv) (Entered: 12/19/2022) (1) |
| Dec 16, 2022 | 119 | LETTER addressed to Magistrate Judge Sarah L. Cave from Theodore J. Hawkins dated December 16, 2022 re: Plaintiffs (1) wrongful designation of 834 documents, or 35% of its current production Confidential Attorneys Eyes Only (AEO), and (2) Plaintiffs wrongful redactions of portions of its interrogatory response. Document filed by Paul Rudolph Heritage Foundation, Ernst Wagner..(Hawkins, Theodore) (Entered: 12/16/2022) (4) |
| Dec 5, 2022 | 118 | ORDER. The Court AMENDS its September 22, 2021 Order concerning its limit on the number of reviewable emails (ECF No. 65), and ORDERS a cap of 25,000 on the number of responsive emails the parties must each review for potential production. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 12/5/22) (yv) (Entered: 12/05/2022) (1) |
| Dec 2, 2022 | 117 | JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from Theodore J. Hawkins dated December 2, 2022 re: Discovery Dispute on Hit Counts and Search Terms. Document filed by Paul Rudolph Heritage Foundation, Ernst Wagner. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3).(Hawkins, Theodore) (Entered: 12/02/2022) (Main Document) (4) |
| Dec 2, 2022 | 117 | JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from Theodore J. Hawkins dated December 2, 2022 re: Discovery Dispute on Hit Counts and Search Terms. Document filed by Paul Rudolph Heritage Foundation, Ernst Wagner. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3).(Hawkins, Theodore) (Entered: 12/02/2022) (Exhibit 1) (22) |
| Dec 2, 2022 | 117 | JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from Theodore J. Hawkins dated December 2, 2022 re: Discovery Dispute on Hit Counts and Search Terms. Document filed by Paul Rudolph Heritage Foundation, Ernst Wagner. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3).(Hawkins, Theodore) (Entered: 12/02/2022) (Exhibit 2) (13) |
| Dec 2, 2022 | 117 | JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from Theodore J. Hawkins dated December 2, 2022 re: Discovery Dispute on Hit Counts and Search Terms. Document filed by Paul Rudolph Heritage Foundation, Ernst Wagner. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3).(Hawkins, Theodore) (Entered: 12/02/2022) (Exhibit 3) (2) |
| Dec 1, 2022 | 116 | NOTICE OF CHANGE OF ADDRESS by Lauren Brette Sabol on behalf of Paul Rudolph Foundation, Inc.. New Address: Fox Rothschild LLP, BNY Mellon Center, 500 Grant Street, Suite 2500, Pittsburgh, PA, USA 15219, (412)391-1334..(Sabol, Lauren) (Entered: 12/01/2022) (1) |
| Nov 4, 2022 | 115 | ORDER: Before the Court is the parties' joint letter regarding their outstanding discovery disputes, specifically with respect (i) the next step under their electronic discovery protocol (the "EDP Dispute"), and (ii) Plaintiff's response to Defendants' interrogatory (the "Interrogatory") seeking a calculation of Plaintiff's damages (the Interrogatory Dispute). (ECF No. 113). Pursuant to the discovery conference held today, November 4, 2022, the Court orders as follows:1. With respect to the EDP Dispute:a. By November 9, 2022, Plaintiff shall provide Defendants with (i) a revised list of search terms that Defendants shall use to promptly conduct a search of their custodians' emails (the "Search"), and (ii) Plaintiff's hit report from its previously run search. b. By November 14, 2022, Defendants shall provide Plaintiff with the hit report resulting from the Search. c. By November 18, 2022, the parties shall begin to meet and confer regarding a finalized set of search terms for the collection and review of emails (the "Search Terms"). d. By December 2, 2022, the parties shall file a joint letter, not longer than three (3) pages, regarding the status of the parties' agreement on the Search Terms and, if necessary, identifying any disputes requiring the Court's attention. 2. With respect to the Interrogatory Dispute, by November 29, 2022, Plaintiff shall serve a revised response to the Interrogatory with a range of Plaintiff's alleged damages for each claim and citations to any documents produced to date in the litigation that support Plaintiff's calculations. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 11/4/2022) (ks) (Entered: 11/04/2022) (2) |
| Oct 11, 2022 | 114 | MEMO ENDORSEMENT: on re: 113 Letter filed by Paul Rudolph Foundation, Inc. ENDORSEMENT: A telephone conference is scheduled for Friday, November 4, 2022 at 3:00 pm on the Court's conference line to discuss the issues raised inthe parties' letter at ECF No. 113. The parties are directed to call: (866)390-1828; access code: 380-9799, at the scheduled time. SO ORDERED., ( Telephone Conference set for 11/4/2022 at 03:00 PM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 10/11/2022) (ama) (Entered: 10/11/2022) (1) |
| Oct 7, 2022 | 113 | JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from Cameron S. Reuber and Theodore J. Hawkins dated October 7, 2022 re: discovery disputes that they are unable to resolve and that require the Court's attention. Document filed by Paul Rudolph Foundation, Inc. (a non-profit corporation). (Attachments: # 1 Exhibit A, # 2 Exhibit B).(Reuber, Cameron) (Entered: 10/07/2022) (Main Document) (8) |
| Oct 7, 2022 | 113 | JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from Cameron S. Reuber and Theodore J. Hawkins dated October 7, 2022 re: discovery disputes that they are unable to resolve and that require the Court's attention. Document filed by Paul Rudolph Foundation, Inc. (a non-profit corporation). (Attachments: # 1 Exhibit A, # 2 Exhibit B).(Reuber, Cameron) (Entered: 10/07/2022) (Exhibit A) (5) |
| Oct 7, 2022 | 113 | JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from Cameron S. Reuber and Theodore J. Hawkins dated October 7, 2022 re: discovery disputes that they are unable to resolve and that require the Court's attention. Document filed by Paul Rudolph Foundation, Inc. (a non-profit corporation). (Attachments: # 1 Exhibit A, # 2 Exhibit B).(Reuber, Cameron) (Entered: 10/07/2022) (Exhibit B) (9) |
| Sep 28, 2022 | 112 | ORDER granting 111 Letter Motion for Extension of Time. Plaintiff's requested extension (ECF No. 111) is GRANTED. By October 7, 2022, the parties shall file a joint letter outlining any discovery disputes that they are unable to resolve and that require the Court's attention. The Clerk of Court is respectfully directed to close ECF No. 111. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 9/28/2022) (vfr) (Entered: 09/28/2022) (1) |
| Sep 27, 2022 | 110 | MEMO ENDORSED ORDER denying 109 Motion for Entry of Judgment under Rule 54(b). ENDORSEMENT: There is no need for a response. The claims that are alive and the counterclaims that have been dismissed are so closely intertwined that an immediate appeal would circumvent the rule against interlocutory appeals and require the second circuit to consider the same issues twice. In the Circumstances a 54(b) certification should not be granted. Denied. Novick v. AXA Network, LLC, 642 F.3d 304, 310 (2d Cir. 2011) and case cited. (Signed by Judge Colleen McMahon on 9/27/2022) (mml) (Entered: 09/27/2022) (2) |
| Sep 27, 2022 | 111 | LETTER MOTION for Extension of Time to submit a joint letter relating to any outstanding discovery disputes addressed to Magistrate Judge Sarah L. Cave from Lauren Sabol dated September 27, 2022. Document filed by Paul Rudolph Foundation, Inc. (a non-profit corporation)..(Sabol, Lauren) (Entered: 09/27/2022) (1) |
| Sep 20, 2022 | 109 | MOTION for Entry of Judgment under Rule 54(b) on Defendants' Amended Counterclaim. Document filed by Paul Rudolph Foundation, Inc. (a non-profit corporation)..(Reuber, Cameron) (Entered: 09/20/2022) (2) |
| Sep 15, 2022 | 108 | MEMO ENDORSEMENT on re: 107 Letter, filed by Paul Rudolph Heritage Foundation, Ernst Wagner ENDORSEMENT: The parties shall promptly meet and confer and, by September 29, 2022, file a joint letter outlining any discovery disputes that they are unable to resolve and that require the Court's attention. The Court notes that Plaintiff's letter motion at ECF No. 69 was administratively terminated during the stay. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 9/15/2022) (ks) (Entered: 09/15/2022) (1) |
| Sep 14, 2022 | 107 | LETTER addressed to Magistrate Judge Sarah L. Cave from Theodore J. Hawkins dated 09/14/2022 re: Response to letter concerning ESI submitted by Plaintiff on October 15, 2021, prior to the mediation stay in this matter. (Dkt. #69). Document filed by Paul Rudolph Heritage Foundation, Ernst Wagner..(Hawkins, Theodore) (Entered: 09/14/2022) (4) |
| Sep 8, 2022 | 106 | MEMORANDUM AND ORDER GRANTING PLAINTIFFS MOTION TO DISMISS DEFENDANTS' COUNTERCLAIM AND GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION TO STRIKE re: 89 MOTION to Dismiss MOTION TO STRIKE DEFENDANTS' AFFIRMATIVE DEFENSES AND DISMISS DEFENDANTS' AMENDED COUNTERCLAIM (DKT. 86). filed by Paul Rudolph Foundation, Inc.. Plaintiff's motion to dismiss the amended counterclaim is GRANTED. Defendants' amended counterclaim is dismissed with prejudice. Plaintiffs' motion to strike the amended affirmative defenses is GRANTED in part and DENIED in part. Defendants' Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, and Eleventh Affirmative Defenses are dismissed with prejudice. The motion is denied as to the Ninth Affirmative Defense. This is a written opinion. The Clerk of the Court is respectfully directed to close the motion pending at Docket Number 89 and to remove it from the court's list of open motions. This constitutes a written opinion. (Signed by Judge Colleen McMahon on 9/8/2022) BY ECF TO ALL COUNSEL (kv) (Entered: 09/08/2022) (24) |
| Sep 6, 2022 | 104 | MEMO ENDORSED ORDER granting 97 Motion to Withdraw as Attorney. ENDORSEMENT: Granted. Please remove Ms. Carmichael as attorney of record on ECF. Attorney Tamara F. Carmichael terminated. (Signed by Judge Colleen McMahon on 9/6/2022) (mml) (Entered: 09/06/2022) (3) |
| Sep 6, 2022 | 105 | ORDER granting 101 Letter Motion for Extension of Time to Complete Discovery. (1) Discovery deadline extended to February 24, 2024. (2) I am always open to preclusion motions if a party's conduct in discovery so warrants. Discovery due by 2/24/2023. (Signed by Judge Colleen McMahon on 9/6/2022) (rro) (Entered: 09/06/2022) (3) |
| Sep 2, 2022 | 103 | LETTER addressed to Judge Colleen McMahon from Thomas J. Fleming dated September 2, 2022 re: correcting three typographical errors in letter dated September 1, 2022. Document filed by Paul Rudolph Heritage Foundation, Ernst Wagner..(Fleming, Thomas) (Entered: 09/02/2022) (1) |
| Sep 1, 2022 | 102 | LETTER addressed to Judge Colleen McMahon from Thomas J. Fleming dated September 1, 2022 re: in opposition to the letter motion submitted by plaintiff seeking an extension of time to complete discovery. (Dkt. #101). Document filed by Paul Rudolph Heritage Foundation, Ernst Wagner..(Fleming, Thomas) (Entered: 09/01/2022) (4) |
| Aug 29, 2022 | 101 | LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Colleen McMahon from Cameron S. Reuber dated August 29, 2022. Document filed by Paul Rudolph Foundation, Inc. (a non-profit corporation)..(Reuber, Cameron) (Entered: 08/29/2022) (3) |
| Aug 24, 2022 | 100 | REPLY MEMORANDUM OF LAW in Support re: 89 MOTION to Dismiss MOTION TO STRIKE DEFENDANTS' AFFIRMATIVE DEFENSES AND DISMISS DEFENDANTS' AMENDED COUNTERCLAIM (DKT. 86). . Document filed by Paul Rudolph Foundation, Inc. (a non-profit corporation)..(Reuber, Cameron) (Entered: 08/24/2022) (15) |
| Aug 19, 2022 | 95 | NOTICE OF APPEARANCE by Adrienne Marie Ward on behalf of Paul Rudolph Heritage Foundation, Ernst Wagner..(Ward, Adrienne) (Entered: 08/19/2022) (1) |
| Aug 19, 2022 | 96 | NOTICE OF APPEARANCE by Theodore Jeffrey Hawkins on behalf of Paul Rudolph Heritage Foundation, Ernst Wagner..(Hawkins, Theodore) (Entered: 08/19/2022) (1) |
| Aug 19, 2022 | 97 | MOTION for Tamara F. Carmichael to Withdraw as Attorney . Document filed by Paul Rudolph Heritage Foundation(a New York non-profit organization), Ernst Wagner..(Fleming, Thomas) (Entered: 08/19/2022) (3) |
| Aug 19, 2022 | 98 | MEMORANDUM OF LAW in Opposition re: 89 MOTION to Dismiss MOTION TO STRIKE DEFENDANTS' AFFIRMATIVE DEFENSES AND DISMISS DEFENDANTS' AMENDED COUNTERCLAIM (DKT. 86). . Document filed by Paul Rudolph Heritage Foundation, Ernst Wagner..(Ward, Adrienne) (Entered: 08/19/2022) (30) |
| Aug 19, 2022 | 99 | DECLARATION of Barbara T. Hoffman in Opposition re: 89 MOTION to Dismiss MOTION TO STRIKE DEFENDANTS' AFFIRMATIVE DEFENSES AND DISMISS DEFENDANTS' AMENDED COUNTERCLAIM (DKT. 86).. Document filed by Paul Rudolph Heritage Foundation(a New York non-profit organization), Ernst Wagner. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4).(Ward, Adrienne) (Entered: 08/19/2022) (Main Document) (2) |
| Aug 19, 2022 | 99 | DECLARATION of Barbara T. Hoffman in Opposition re: 89 MOTION to Dismiss MOTION TO STRIKE DEFENDANTS' AFFIRMATIVE DEFENSES AND DISMISS DEFENDANTS' AMENDED COUNTERCLAIM (DKT. 86).. Document filed by Paul Rudolph Heritage Foundation(a New York non-profit organization), Ernst Wagner. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4).(Ward, Adrienne) (Entered: 08/19/2022) (Exhibit 1) (7) |
| Aug 19, 2022 | 99 | DECLARATION of Barbara T. Hoffman in Opposition re: 89 MOTION to Dismiss MOTION TO STRIKE DEFENDANTS' AFFIRMATIVE DEFENSES AND DISMISS DEFENDANTS' AMENDED COUNTERCLAIM (DKT. 86).. Document filed by Paul Rudolph Heritage Foundation(a New York non-profit organization), Ernst Wagner. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4).(Ward, Adrienne) (Entered: 08/19/2022) (Exhibit 2) (30) |
| Aug 19, 2022 | 99 | DECLARATION of Barbara T. Hoffman in Opposition re: 89 MOTION to Dismiss MOTION TO STRIKE DEFENDANTS' AFFIRMATIVE DEFENSES AND DISMISS DEFENDANTS' AMENDED COUNTERCLAIM (DKT. 86).. Document filed by Paul Rudolph Heritage Foundation(a New York non-profit organization), Ernst Wagner. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4).(Ward, Adrienne) (Entered: 08/19/2022) (Exhibit 3) (12) |
| Aug 19, 2022 | 99 | DECLARATION of Barbara T. Hoffman in Opposition re: 89 MOTION to Dismiss MOTION TO STRIKE DEFENDANTS' AFFIRMATIVE DEFENSES AND DISMISS DEFENDANTS' AMENDED COUNTERCLAIM (DKT. 86).. Document filed by Paul Rudolph Heritage Foundation(a New York non-profit organization), Ernst Wagner. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4).(Ward, Adrienne) (Entered: 08/19/2022) (Exhibit 4) (7) |
| Aug 9, 2022 | 94 | ORDER: As Magistrate Judge Cave advises me that the mediation in this case has terminated unsuccessfully, the Court hereby orders as follows: The stay of proceedings is lifted, effective immediately.The parties must complete all remaining discovery, including expert discovery, within 120 days from today's date, or December 7, 2022 (see Dkt. No. 93); and Defendants must file their opposition to Plaintiff's motion to strike or dismiss Defendants' affirmative defenses and counterclaims (Dkt. No. 89) within 10 business days from today's date, or August 19, 2022; and Plaintiff must file its reply in support of its motion within 5 business days from the date of Defendants' submission, or August 24, 2022. Responses due by 8/19/2022 Replies due by 8/24/2022. Expert Discovery due by 12/7/2022. Discovery due by 12/7/2022. (Signed by Judge Colleen McMahon on 8/9/2022) BY ECF TO ALL COUNSEL (kv) (Entered: 08/09/2022) (1) |
| Feb 7, 2022 | N/A | Settlement Conference (0) Docket Text: Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Microsoft Teams Settlement Conference held on 2/7/2022. Attorneys Lauren Beth Emerson and Lauren Brette Sabol appeared on behalf of plaintiff. Attorneys Tamara Carmichael, Thomas James Fleming and Barbara Hoffman appeared on behalf of defendant. Plaintiff representatives, George Belle, Ian Gilchrist, Dan Webre, and Sean Khorsandi, and defendant representatives, Kelvin Dickinson, Emily Sherman, Santo Pusateri and Ernst Wagner, also attended the conference. (ne) Modified on 2/8/2022 (ne). |
| Jan 26, 2022 | N/A | Settlement Conference (0) Docket Text: Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Microsoft Teams Settlement Conference held on 1/26/2022. Attorneys Lauren Beth Emerson, Cameron Sean Reuber, and Lauren Brette Sabol appeared on behalf of plaintiff. Attorneys Tamara Carmichael, Thomas James Fleming and Barbara Hoffman appeared on behalf of defendant. Plaintiff representatives, George Belle, Ian Gilchrist, Dan Webre, and Sean Khorsandi, and defendant representatives, Kelvin Dickinson and Ernst Wagner, also attended the conference. A continuation of this settlement conference is scheduled on Monday, February 7, 2022 at 10:00 am and will take place by videoconference hosted by the Court through the Microsoft Teams platform. The Court will provide counsel with a link. (Settlement Conference set for 2/7/2022 at 10:00 AM before Magistrate Judge Sarah L Cave.) (ne) Modified on 1/31/2022 (ne). |
| Dec 13, 2021 | 93 | ORDER denying 92 Letter Motion to Adjourn Conference. I INSIST that Judge Cave try to mediate this case. I will not withdraw the order. The parties MUST participate in good faith. If the mediation fails you will have 120 days to complete discovery.. (Signed by Judge Colleen McMahon on 12/13/2021) (kv) (Entered: 12/13/2021) (3) |
| Dec 10, 2021 | 92 | LETTER MOTION to Adjourn Conference Request to terminate mediation proceedings, restore matter to the active calendar and request for a discovery conference addressed to Judge Colleen McMahon from Cameron S. Reuber dated December 10, 2021. Document filed by Paul Rudolph Foundation, Inc. (a non-profit corporation)..(Reuber, Cameron) (Entered: 12/10/2021) (3) |
| Dec 2, 2021 | N/A | Telephone Conference (0) Docket Text: Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 12/2/2021. Attorneys Cameron Reuber and Lauren Emerson appeared on behalf of Plaintiff. Attorneys Thomas Fleming and Barbara Hoffman appeared on behalf of Defendants. (ne) |
| Dec 2, 2021 | 88 | Scheduling Order (7) Docket Text: SETTLEMENT CONFERENCE SCHEDULING ORDER: A settlement conference is scheduled for Wednesday, January 26, 2022 at 10:00 am and will take place by videoconference hosted by the Court through the Microsoft Teams platform. The Court will provide a link for the hearing once it receives the annexed Attendance Acknowledgement Form with the names and email addresses of the individuals who will be attending the settlement conference. Counsel are expected to read the Court's "Standing Order Applicable to Settlement Conferences Before Magistrate Judge Cave," ("Standing Order") which is attached and incorporated by reference in this Order. The Court's Settlement Practices, contained in the Settlement Conference Scheduling Order and the Court's Standing Order, serve to prepare the Court and the parties for a productive settlement conference. On receipt of this Order, each counsel is directed to confirm with all other counsel, and any pro se parties, that they have received a copy of this Order. As further set forth by this Order. The Clerk of Court is respectfully directed to set this conference as a settlement conference even though it will take place by videoconference. Settlement Conference set for 1/26/2022 at 10:00 AM before Magistrate Judge Sarah L Cave. (Signed by Magistrate Judge Sarah L Cave on 12/2/2021) (tg) |
| Dec 2, 2021 | 89 | Motion to Dismiss (3) Docket Text: MOTION to Dismiss MOTION TO STRIKE DEFENDANTS' AFFIRMATIVE DEFENSES AND DISMISS DEFENDANTS' AMENDED COUNTERCLAIM (DKT. 86). Document filed by Paul Rudolph Foundation, Inc. (a non-profit corporation)..(Sabol, Lauren) |
| Dec 2, 2021 | 90 | MEMORANDUM OF LAW in Support re: 89 MOTION to Dismiss MOTION TO STRIKE DEFENDANTS' AFFIRMATIVE DEFENSES AND DISMISS DEFENDANTS' AMENDED COUNTERCLAIM (DKT. 86). . Document filed by Paul Rudolph Foundation, Inc. (a non-profit corporation)..(Sabol, Lauren) (Entered: 12/02/2021) (24) |
| Dec 2, 2021 | 91 | DECLARATION of Lauren Beth Emerson in Support re: 89 MOTION to Dismiss MOTION TO STRIKE DEFENDANTS' AFFIRMATIVE DEFENSES AND DISMISS DEFENDANTS' AMENDED COUNTERCLAIM (DKT. 86).. Document filed by Paul Rudolph Foundation, Inc. (a non-profit corporation). (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3).(Emerson, Lauren) (Entered: 12/02/2021) (Main Document) (2) |
| Dec 2, 2021 | 91 | DECLARATION of Lauren Beth Emerson in Support re: 89 MOTION to Dismiss MOTION TO STRIKE DEFENDANTS' AFFIRMATIVE DEFENSES AND DISMISS DEFENDANTS' AMENDED COUNTERCLAIM (DKT. 86).. Document filed by Paul Rudolph Foundation, Inc. (a non-profit corporation). (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3).(Emerson, Lauren) (Entered: 12/02/2021) (Exhibit 1) (30) |
| Dec 2, 2021 | 91 | DECLARATION of Lauren Beth Emerson in Support re: 89 MOTION to Dismiss MOTION TO STRIKE DEFENDANTS' AFFIRMATIVE DEFENSES AND DISMISS DEFENDANTS' AMENDED COUNTERCLAIM (DKT. 86).. Document filed by Paul Rudolph Foundation, Inc. (a non-profit corporation). (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3).(Emerson, Lauren) (Entered: 12/02/2021) (Exhibit 2) (7) |
| Dec 2, 2021 | 91 | DECLARATION of Lauren Beth Emerson in Support re: 89 MOTION to Dismiss MOTION TO STRIKE DEFENDANTS' AFFIRMATIVE DEFENSES AND DISMISS DEFENDANTS' AMENDED COUNTERCLAIM (DKT. 86).. Document filed by Paul Rudolph Foundation, Inc. (a non-profit corporation). (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3).(Emerson, Lauren) (Entered: 12/02/2021) (Exhibit 3) (15) |
| Dec 1, 2021 | 87 | Notice of Appearance (1) Docket Text: NOTICE OF APPEARANCE by Lauren Brette Sabol on behalf of Paul Rudolph Foundation, Inc. (a non-profit corporation)..(Sabol, Lauren) |
| Nov 17, 2021 | 85 | Scheduling Order (1) Docket Text: TELEPHONE CONFERENCE SCHEDULING ORDER: A Telephone Conference is scheduled for Thursday, December 2, 2021 at 3:00 pm to discuss scheduling a settlement conference. The parties are directed to call the Court's conference line at: (866) 390-1828; access code: 380-9799, at the scheduled time. Prior to the conference, the parties shall meet and confer to discuss their mutual availability for a settlement conference. SO ORDERED. ( Telephone Conference set for 12/2/2021 at 03:00 PM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 11/17/21) (yv) |
| Nov 17, 2021 | 86 | Main Document (77) Docket Text: AMENDED ANSWER to [82] Answer to Amended Complaint, Counterclaim,,., COUNTERCLAIM against Paul Rudolph Foundation, Inc.. Document filed by Ernst Wagner, Paul Rudolph Heritage Foundation. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H).(Fleming, Thomas) |
| Nov 17, 2021 | 86 | Exhibit A (7) |
| Nov 17, 2021 | 86 | Exhibit B (3) |
| Nov 17, 2021 | 86 | Exhibit C (4) |
| Nov 17, 2021 | 86 | Exhibit D (3) |
| Nov 17, 2021 | 86 | Exhibit E (5) |
| Nov 17, 2021 | 86 | Exhibit F (4) |
| Nov 17, 2021 | 86 | Exhibit G (2) |
| Nov 17, 2021 | 86 | Exhibit H (2) |
| Nov 16, 2021 | 83 | Memo Endorsement (1) Docket Text: MEMO ENDORSEMENT: on re: [79] Proposed Order filed by Paul Rudolph Heritage Foundation, Ernst Wagner. ENDORSEMENT: SO ORDERED., Paul Rudolph Heritage Foundation answer due 11/11/2021. (Signed by Judge Colleen McMahon on 11/15/2021) (ama) |
| Nov 16, 2021 | 84 | Amended Order Referring Case to Magistrate Judge (1) Docket Text: AMENDED ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Sarah L Cave. SO ORDERED. (Signed by Judge Colleen McMahon on 11/16/2021) (ama) |
| Nov 11, 2021 | 82 | Main Document (77) Docket Text: ANSWER to [67] Amended Complaint,,., COUNTERCLAIM against Paul Rudolph Foundation, Inc.. Document filed by Ernst Wagner, Paul Rudolph Heritage Foundation. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H).(Fleming, Thomas) |
| Nov 11, 2021 | 82 | Exhibit A (7) |
| Nov 11, 2021 | 82 | Exhibit B (3) |
| Nov 11, 2021 | 82 | Exhibit C (4) |
| Nov 11, 2021 | 82 | Exhibit D (3) |
| Nov 11, 2021 | 82 | Exhibit E (5) |
| Nov 11, 2021 | 82 | Exhibit F (4) |
| Nov 11, 2021 | 82 | Exhibit G (2) |
| Nov 11, 2021 | 82 | Exhibit H (2) |
| Nov 5, 2021 | N/A | Set/Reset Deadlines (0) Docket Text: Set/Reset Deadlines: Responses due by 12/3/2021 (yv) |
| Nov 5, 2021 | 81 | Memo Endorsement (1) Docket Text: MEMO ENDORSEMENT on re: [80] Proposed Order, filed by Paul Rudolph Heritage Foundation, Ernst Wagner. ENDORSEMENT : In anticipation of the parties' participation in mediation, Defendants' request (ECF No. 80) for an extension of time to respond to Plaintiff's letter-motion (ECF No. 79 (the "Letter-Motion")) is GRANTED. Defendants shall respond to the Letter-Motion by December 3, 2021. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 11/5/21) (yv) |
| Nov 4, 2021 | N/A | Notice to Court Regarding Proposed Order (0) Docket Text:***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. [79] Proposed Order was reviewed and approved as to form. (dt) |
| Nov 4, 2021 | N/A | Notice to Court Regarding Proposed Order (0) Docket Text:***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. [80] Proposed Order, was reviewed and approved as to form. (dt) |
| Nov 3, 2021 | 79 | Proposed Order (1) Docket Text: PROPOSED ORDER. Document filed by Paul Rudolph Heritage Foundation, Ernst Wagner..(Carmichael, Tamara) Proposed Order to be reviewed by Clerk's Office staff. Modified on 11/4/2021 (dt). Modified on 11/4/2021 (dt). |
| Nov 3, 2021 | 80 | Proposed Order (1) Docket Text: PROPOSED ORDER. Document filed by Paul Rudolph Heritage Foundation, Ernst Wagner. Related Document Number: [79]..(Carmichael, Tamara) Proposed Order to be reviewed by Clerk's Office staff. Modified on 11/4/2021 (dt). Modified on 11/4/2021 (dt). |
| Nov 1, 2021 | 78 | Stipulation and Order (1) Docket Text: SUBSTITUTION OF COUNSEL: IT IS HEREBY STIPULATED AND AGREED, by the undersigned parties that attorneys Tamara Carmichael and Thomas J. Fleming of the law firm OLSHAN FROME WOLOSKY LLP, 1325 Avenue of the Americas, New York, New York 10019, (212) 451-2300, be substituted as counsel of record for Defendants, Paul Rudolph Heritage Foundation and Ernst Wagner, in the above-captioned matter, in place of attorney Jeffrey A. Lindenbaum of Rothwell, Figg, Ernst & Manbeck, P.C., 80 South HighlandAve., Ossining, New York, 10562. As part of this substitution, attorney Jeffrey A. Lindenbaum respectfully seeks leave to withdraw as counsel in this matter. Good cause exists for the withdrawal as the Defendants have retained the Olshan law firm to serve as their counsel in this matter. The undersigned attorney, Tamara Carmichael, certifies that a copy of this Notice and Motion is being served on the Defendants and all counsel of record. SO ORDERED. Attorney Tamara F. Carmichael,Thomas James Fleming for Paul Rudolph Heritage Foundation,Tamara F. Carmichael,Thomas James Fleming for Ernst Wagner added. Attorney Jeffrey A. Lindenbaum terminated., Motions terminated: [72] LETTER MOTION to Substitute Attorney. Old Attorney: Jeffrey A. Lindenbaum, New Attorney: Tamara Carmichael/Thomas J. Fleming addressed to Judge Colleen McMahon from Tamara Carmichael dated October 19, 2021. filed by Paul Rudolph Heritage Foundation, Ernst Wagner. (Signed by Judge Colleen McMahon on 11/1/2021) (kv) |
| Oct 28, 2021 | N/A | Notice to Court Regarding Proposed Order (0) Docket Text:***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. [76] Proposed Order was reviewed and approved as to form. (km) |
| Oct 28, 2021 | 77 | Endorsed Letter (1) Docket Text: ENDORSED LETTER addressed to Magistrate Judge Sarah L. Cave from Tamara Carmichael dated 10/26/2021 re: We write on behalf of Defendants, Paul Rudolph Heritage Foundation and Ernst Wagner ("Defendants") regarding the recently granted one week extension (Dkt. 74) (the "Extension") to respond to Plaintiff, The Paul Rudolph Foundation, Inc.'s letter dated October 15, 2021 (Dkt. No. 69) (the "Letter") stating Plaintiff's intent to "seek [] assistance with... [a] discovery dispute concerning the ESI Protocol (Dkt. 47); or, more accurately... [to] comply [] with this Court's recent order setting a cap of 20,000 responsive emails that the parties must review for potential production. (See Dkt. 65)." ENDORSEMENT: The requested extension (ECF No. 75) is GRANTED. Defendants shall respond to Plaintiff's Letter-Motion at ECF No. 69 by November 3, 2021. Plaintiff may file a reply in further support of the Letter-Motion by November 10, 2021. SO ORDERED. ( Responses due by 11/3/2021, Replies due by 11/10/2021.) (Signed by Magistrate Judge Sarah L Cave on 10/28/2021) (vfr) |
| Oct 27, 2021 | N/A | Notice to Court Regarding Proposed Order (0) Docket Text:***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. [75] Proposed Order was reviewed and approved as to form. (km) |
| Oct 27, 2021 | 75 | Proposed Order (1) Docket Text: PROPOSED ORDER. Document filed by Paul Rudolph Heritage Foundation, Ernst Wagner. Related Document Number: [74]..(Carmichael, Tamara) Proposed Order to be reviewed by Clerk's Office staff. |
| Oct 27, 2021 | 76 | Proposed Order (1) Docket Text: PROPOSED ORDER. Document filed by Paul Rudolph Heritage Foundation, Ernst Wagner. Related Document Number: [67]..(Carmichael, Tamara) Proposed Order to be reviewed by Clerk's Office staff. |
| Oct 20, 2021 | 74 | Order on Motion for Extension of Time to File Response/Reply (1) Docket Text: ORDER granting [73] Letter Motion for Extension of Time to File Response/Reply re [73] LETTER MOTION for Extension of Time to File Response/Reply as to [69] LETTER MOTION for Discovery Conference for Further Orders Regarding 9/22/21 Discovery Order (Dkt. 65) addressed to Magistrate Judge Sarah L. Cave from Cameron S. Reub, [69] LETTER MOTION for Discovery Conference for Further Orders Regarding 9/22/21 Discovery Order (Dkt. 65) addressed to Magistrate Judge Sarah L. Cave from Cameron S. Reuber dated October 15, 2021. Defendants' requested extension (ECF No. 73) is GRANTED. By October 27, 2021, Defendants shall respond to Plaintiff's letter-motion at ECF No. 69. The Clerk of Court is respectfully directed to close ECF No. 73. SO ORDERED. ( Responses due by 10/27/2021.) (Signed by Magistrate Judge Sarah L Cave on 10/20/21) (yv) |
| Oct 19, 2021 | 72 | Main Document (1) Docket Text: LETTER MOTION to Substitute Attorney. Old Attorney: Jeffrey A. Lindenbaum, New Attorney: Tamara Carmichael/Thomas J. Fleming addressed to Judge Colleen McMahon from Tamara Carmichael dated October 19, 2021. Document filed by Paul Rudolph Heritage Foundation, Ernst Wagner. (Attachments: # (1) Exhibit Notice of Substitution).(Carmichael, Tamara) |
| Oct 19, 2021 | 72 | Exhibit Notice of Substitution (1) |
| Oct 19, 2021 | 73 | Motion for Extension of Time to File Response/Reply (1) Docket Text: LETTER MOTION for Extension of Time to File Response/Reply as to [69] LETTER MOTION for Discovery Conference for Further Orders Regarding 9/22/21 Discovery Order (Dkt. 65) addressed to Magistrate Judge Sarah L. Cave from Cameron S. Reuber dated October 15, 2021. addressed to Magistrate Judge Sarah L. Cave from Tamara Carmichael dated October 19, 2021. Document filed by Paul Rudolph Heritage Foundation, Ernst Wagner..(Carmichael, Tamara) |
| Oct 18, 2021 | 70 | Notice of Change of Address (1) Docket Text: NOTICE OF CHANGE OF ADDRESS by Jeffrey A. Lindenbaum on behalf of Paul Rudolph Heritage Foundation, Ernst Wagner. New Address: Rothwell, Figg, Ernst & Manbeck, P.C., The Holyoke-Manhattan Building, 80 South Highland Avenue, Ossining, NY, United States 10562, (914) 941-5668..(Lindenbaum, Jeffrey) |
| Oct 18, 2021 | 71 | Notice of Substitution of Attorney (1) Docket Text: NOTICE of Substitution of Attorney. Old Attorney: Jeffrey A. Lindenbaum, New Attorney: Tamara Carmichael, Address: Olshan Frome Wolosky LLP, 1325 Avenue of the Americas, New York, NY 10019, New York, NY, United States 10019, 2124512300. Document filed by Paul Rudolph Heritage Foundation, Ernst Wagner..(Carmichael, Tamara) |
| Oct 15, 2021 | 68 | Main Document (1) Docket Text: EXHIBIT TO PLEADING re: [67] Amended Complaint,,. Document filed by Paul Rudolph Foundation, Inc.. (Attachments: # (1) Dkt. 66).(Reuber, Cameron) |
| Oct 15, 2021 | 68 | Dkt. 66 (31) |
| Oct 15, 2021 | 69 | Motion for Discovery (3) Docket Text: LETTER MOTION for Discovery Conference for Further Orders Regarding 9/22/21 Discovery Order (Dkt. 65) addressed to Magistrate Judge Sarah L. Cave from Cameron S. Reuber dated October 15, 2021. Document filed by Paul Rudolph Foundation, Inc...(Reuber, Cameron) |
| Oct 13, 2021 | N/A | Notice to Attorney Regarding Deficient Pleading (0) Docket Text:***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Cameron Sean Reuber re: Document No. [67] Second Amended Complaint. The filing is deficient for the following reason(s): Court's leave has not been granted.. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (jgo) |
| Oct 12, 2021 | 67 | Main Document (44) Docket Text: FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON-COMPLIANCE SECOND AMENDED COMPLAINT amending [24] Amended Complaint, [1] Complaint, against Paul Rudolph Heritage Foundation, Ernst Wagner with JURY DEMAND.Document filed by Paul Rudolph Foundation, Inc.. Related document: [24] Amended Complaint, [1] Complaint,. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8).(Reuber, Cameron) Modified on 10/13/2021 (jgo). |
| Oct 12, 2021 | 67 | Exhibit 1 (12) |
| Oct 12, 2021 | 67 | Exhibit 2 (11) |
| Oct 12, 2021 | 67 | Exhibit 3 (2) |
| Oct 12, 2021 | 67 | Exhibit 4 (12) |
| Oct 12, 2021 | 67 | Exhibit 5 (10) |
| Oct 12, 2021 | 67 | Exhibit 6 (2) |
| Oct 12, 2021 | 67 | Exhibit 7 (3) |
| Oct 12, 2021 | 67 | Exhibit 8 (14) |
| Sep 30, 2021 | 66 | Memorandum & Opinion (31) Docket Text: MEMORANDUM AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS re: [29] MOTION to Dismiss Certain Claims in Plaintiff's First Amended Complaint. filed by Paul Rudolph Heritage Foundation, Ernst Wagner. Defendants' motion for partial dismissal of the complaint is granted as to Counts III, VII and IX. Counts VII and IX are dismissed without prejudice to amendment. The motion is otherwise denied. This constitutes the opinion and order of the court. It is a written opinion. The Clerk is directed to close the motion at Docket #29. (Signed by Judge Colleen McMahon on 9/30/2021) (kv) |
| Sep 22, 2021 | N/A | Telephone Conference (0) Docket Text: Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 9/22/2021. Attorney Cameron Sean Reuber appeared on behalf of Plaintiff. Attorney Jeffrey A. Lindenbaum appeared on behalf of Defendants. (ne) |
| Sep 22, 2021 | 65 | Order on Motion for Discovery (1) Docket Text: ORDER granting in part and denying in part [60] Letter Motion for Discovery. The Court GRANTS IN PART and DENIES IN PART Plaintiffs request, and ORDERS a cap of 20,000 on the number of responsive emails the parties must each review for potential production. The Clerk of Court is respectfully directed to close ECF No. 60. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 9/22/21) (yv) |
| Sep 13, 2021 | 64 | Scheduling Order (1) Docket Text: AMENDED TELEPHONE CONFERENCE SCHEDULING ORDER: The Telephone Conference scheduled for September 20, 2021 (ECF No. 61) is ADJOURNED to Wednesday, September 22, 2021 at 12:00 pm. The parties are directed to call the Court's conference line at: (866) 390-1828; access code: 380-9799, at the scheduled time. SO ORDERED. Telephone Conference set for 9/22/2021 at 12:00 PM before Magistrate Judge Sarah L Cave. (Signed by Magistrate Judge Sarah L Cave on 9/13/2021) (va) |
| Sep 7, 2021 | 63 | Reply to Response to Motion (2) Docket Text: LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah L. Cave from Cameron S. Reuber dated September 7, 2021 re: [60] LETTER MOTION for Discovery [request for a protective order and cap on Defendants' production demand] addressed to Magistrate Judge Sarah L. Cave from Cameron S. Reuber dated August 31, 2021. . Document filed by Paul Rudolph Foundation, Inc...(Reuber, Cameron) |
| Sep 3, 2021 | 62 | Response to Motion (3) Docket Text: LETTER RESPONSE to Motion addressed to Magistrate Judge Sarah L. Cave from Jeffrey A. Lindenbaum dated September 3, 2021 re: [60] LETTER MOTION for Discovery [request for a protective order and cap on Defendants' production demand] addressed to Magistrate Judge Sarah L. Cave from Cameron S. Reuber dated August 31, 2021. . Document filed by Paul Rudolph Heritage Foundation, Ernst Wagner..(Lindenbaum, Jeffrey) |
| Sep 1, 2021 | 61 | Scheduling Order (1) Docket Text: SCHEDULING ORDER: A Discovery Conference is scheduled for Monday, September 20, 2021 at 10:00 am on the Courts conference line to discuss the issues raised in Plaintiffs August 31, 2021 letter-motion (the Letter-Motion (ECF No. 60)). The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. Per the Courts Individual Practices, any response to the Letter-Motion shall be filed by September 3, 2021. Responses due by 9/3/2021 Telephone Conference set for 9/20/2021 at 10:00 AM before Magistrate Judge Sarah L Cave. (Signed by Magistrate Judge Sarah L Cave on 9/1/2021) (tg) |
| Aug 31, 2021 | 60 | Motion for Discovery (3) Docket Text: LETTER MOTION for Discovery [request for a protective order and cap on Defendants' production demand] addressed to Magistrate Judge Sarah L. Cave from Cameron S. Reuber dated August 31, 2021. Document filed by Paul Rudolph Foundation, Inc...(Reuber, Cameron) |
| Jul 16, 2021 | N/A | Telephone Conference (0) Docket Text: Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 7/16/2021. Attorney Cameron Sean Reuber appeared on behalf of Plaintiff. Attorney Jeffrey A. Lindenbaum appeared on behalf of Defendants. (ne) |
| Jul 12, 2021 | N/A | Set/Reset Hearings (0) Docket Text: Set/Reset Hearings: Telephone Conference set for 7/16/2021 at 10:00 AM before Magistrate Judge Sarah L Cave. (yv) |
| Jul 12, 2021 | N/A | Set/Reset Deadlines (0) Docket Text: Set/Reset Deadlines: Responses due by 7/14/2021 (yv) |
| Jun 29, 2021 | N/A | Telephone Conference (0) Docket Text: Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 6/29/2021. Attorney Cameron Sean Reuber appeared on behalf of Plaintiff. Attorney Jeffrey A. Lindenbaum appeared on behalf of Defendants. (ne) |
| Feb 16, 2021 | N/A | Set/Reset Deadlines (0) Docket Text: Set/Reset Deadlines: Responses due by 2/25/2021. (mml) |
| Feb 4, 2021 | 29 | Motion to Dismiss (2) Docket Text: MOTION to Dismiss Certain Claims in Plaintiff's First Amended Complaint. Document filed by Paul Rudolph Heritage Foundation, Ernst Wagner. Responses due by 2/18/2021.(Lindenbaum, Jeffrey) |
| Jan 28, 2021 | N/A | Set/Reset Deadlines (0) Docket Text: Set/Reset Deadlines: Ernst Wagner answer due 2/4/2021. Motions due by 2/4/2021. (mml) |
| Jan 28, 2021 | N/A | Set/Reset Deadlines (0) Docket Text: Set/Reset Deadlines: Paul Rudolph Heritage Foundation answer due 2/4/2021. (mml) |
| Jan 28, 2021 | 27 | Case Management Plan (3) Docket Text: CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This case is to be tried to a jury. Discovery pursuant to Fed. R. Civ. P. 26(a)(1) shall be exchanged by February 5, 2021. Amended Pleadings due by 2/5/2021. Joinder of Parties due by 2/5/2021. Expert Discovery due by 7/30/2021. Discovery due by 7/30/2021. Pretrial Order due by 9/15/2021. The parties may at any time consent to have this case tried before the assigned Magistrate Judge pursuant to 28 U.S.C. Section 636(c). (Signed by Judge Colleen McMahon on 1/28/2021) (mml) |
| Jan 28, 2021 | 28 | Order on Motion for Extension of Time to File (1) Docket Text: ORDER granting [25] Letter Motion for Extension of Time to File; granting [25] Letter Motion for Leave to File Excess Pages. OK. (Signed by Judge Colleen McMahon on 1/28/2021) (mml) |
| Jan 26, 2021 | 25 | Motion for Extension of Time to File (1) Docket Text: CONSENT LETTER MOTION for Extension of Time to File Motion to Dismiss addressed to Judge Colleen McMahon from Jeffrey A. Lindenbaum dated January 26, 2021., LETTER MOTION for Leave to File Excess Pages Seeking Five Additional Pages for Memorandum of Law in Support of Motion to Dismiss addressed to Judge Colleen McMahon from Jeffrey A. Lindenbaum dated January 26, 2021. Document filed by Paul Rudolph Heritage Foundation, Ernst Wagner..(Lindenbaum, Jeffrey) |
| Jan 26, 2021 | 26 | Proposed Case Management Plan (3) Docket Text: PROPOSED CASE MANAGEMENT PLAN. Document filed by Paul Rudolph Heritage Foundation..(Lindenbaum, Jeffrey) |
| Jan 14, 2021 | 24 | Main Document (51) Docket Text: FIRST AMENDED COMPLAINT amending [1] Complaint, against Paul Rudolph Heritage Foundation, Ernst Wagner with JURY DEMAND.Document filed by Paul Rudolph Foundation, Inc.. Related document: [1] Complaint,. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8).(Reuber, Cameron) |
| Jan 14, 2021 | 24 | Exhibit 1 (12) |
| Jan 14, 2021 | 24 | Exhibit 2 (11) |
| Jan 14, 2021 | 24 | Exhibit 3 (2) |
| Jan 14, 2021 | 24 | Exhibit 4 (12) |
| Jan 14, 2021 | 24 | Exhibit 5 (10) |
| Jan 14, 2021 | 24 | Exhibit 6 (2) |
| Jan 14, 2021 | 24 | Exhibit 7 (3) |
| Jan 14, 2021 | 24 | Exhibit 8 (14) |
| Dec 24, 2020 | 20 | Motion to Dismiss (2) Docket Text: MOTION to Dismiss . Document filed by Paul Rudolph Heritage Foundation, Ernst Wagner. Responses due by 1/7/2021.(Lindenbaum, Jeffrey) |
| Dec 24, 2020 | 21 | Memorandum of Law in Support of Motion (30) Docket Text: MEMORANDUM OF LAW in Support re: [20] MOTION to Dismiss . . Document filed by Paul Rudolph Heritage Foundation, Ernst Wagner..(Lindenbaum, Jeffrey) |
| Dec 24, 2020 | 22 | Main Document (3) Docket Text: DECLARATION of Kelvin Dickinson in Support re: [20] MOTION to Dismiss .. Document filed by Paul Rudolph Heritage Foundation, Ernst Wagner. (Attachments: # (1) Exhibit A Copyright Registration, # (2) Exhibit B Copyright Office Record, # (3) Exhibit C Copyright Office Record, # (4) Exhibit D Copyright Office Record, # (5) Exhibit E Copyright Office Record, # (6) Exhibit F Instagram Links, # (7) Exhibit G Facebook Notice).(Lindenbaum, Jeffrey) |
| Dec 24, 2020 | 22 | Exhibit A Copyright Registration (4) |
| Dec 24, 2020 | 22 | Exhibit B Copyright Office Record (2) |
| Dec 24, 2020 | 22 | Exhibit C Copyright Office Record (2) |
| Dec 24, 2020 | 22 | Exhibit D Copyright Office Record (2) |
| Dec 24, 2020 | 22 | Exhibit E Copyright Office Record (2) |
| Dec 24, 2020 | 22 | Exhibit F Instagram Links (7) |
| Dec 24, 2020 | 22 | Exhibit G Facebook Notice (3) |
| Dec 24, 2020 | 23 | Main Document (3) Docket Text: DECLARATION of Barbara T. Hoffman in Support re: [20] MOTION to Dismiss .. Document filed by Paul Rudolph Heritage Foundation, Ernst Wagner. (Attachments: # (1) Exhibit A - State Action Complaint, # (2) Exhibit B - State Action Answer, # (3) Exhibit C - State Action Mot Dismiss, # (4) Exhibit D State Action Memo of Law, # (5) Exhibit E - Newman Decl, # (6) Exhibit F PRF 990, # (7) Exhibit G PRHF 990, # (8) Exhibit H Stip Stlmnt Probate).(Lindenbaum, Jeffrey) |
| Dec 24, 2020 | 23 | Exhibit A - State Action Complaint (7) |
| Dec 24, 2020 | 23 | Exhibit B - State Action Answer (9) |
| Dec 24, 2020 | 23 | Exhibit C - State Action Mot Dismiss (3) |
| Dec 24, 2020 | 23 | Exhibit D State Action Memo of Law (22) |
| Dec 24, 2020 | 23 | Exhibit E - Newman Decl (15) |
| Dec 24, 2020 | 23 | Exhibit F PRF 990 (18) |
| Dec 24, 2020 | 23 | Exhibit G PRHF 990 (22) |
| Dec 24, 2020 | 23 | Exhibit H Stip Stlmnt Probate (45) |
| Dec 22, 2020 | 19 | Notice of Appearance (1) Docket Text: NOTICE OF APPEARANCE by Barbara T. Hoffman on behalf of Paul Rudolph Heritage Foundation, Ernst Wagner..(Hoffman, Barbara) |
| Dec 2, 2020 | N/A | Notice to Attorney Regarding Rejection of Proposed Clerk's Certificate of Default (0) Docket Text:***NOTICE TO ATTORNEY REGARDING REJECTION OF PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Notice to Attorney Cameron Reuber re:document [15] Proposed Clerk's Certificate of Default was rejected by the Clerk's Office for the following reason(s): the motion for extension of time to answer has been granted. Please refile the Proposed Clerk's Certificate of Default after the extension of time to answer has elapsed. (km) |
| Nov 25, 2020 | 18 | Order on Motion for Extension of Time to Answer (1) Docket Text: ORDER granting [17] Letter Motion for Extension of Time to Answer: OK (Paul Rudolph Heritage Foundation answer due 12/24/2020; Ernst Wagner answer due 12/24/2020.) (Signed by Judge Colleen McMahon on 11/25/2020) (jwh) |
| Nov 24, 2020 | N/A | Notice to Attorney Regarding Deficient Proposed Clerk's Certificate of Default (0) Docket Text:***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Cameron Reuber. RE-FILE Document No. [13] Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): the document has the Eastern District listed on it. Re-file the document with the Southern District Court on it, using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders. (km) |
| Nov 24, 2020 | N/A | Notice to Attorney Regarding Deficient Proposed Order (0) Docket Text:***NOTICE TO ATTORNEY REGARDING DEFICIENT AFFIRMATION. Notice to attorney Cameron Reuber to RE-FILE Document No. [14] Affirmation in Support. The filing is deficient for the following reason(s): The filing is deficient for the following reason(s): the document has the Eastern District listed on it. Re-file the document with the Southern District Court on it. Re-file the document using the event type other answers, affirmation in support of a non-motion. (km) |
| Nov 24, 2020 | 15 | Proposed Clerk's Certificate of Default (1) Docket Text: PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Paul Rudolph Foundation, Inc...(Reuber, Cameron) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| Nov 24, 2020 | 16 | Affirmation in Support (1) Docket Text: AFFIRMATION of Cameron S. Reuber in Support re: [15] Proposed Clerk's Certificate of Default. Document filed by Paul Rudolph Foundation, Inc...(Reuber, Cameron) |
| Nov 24, 2020 | 17 | Motion for Extension of Time to File Answer (1) Docket Text: CONSENT LETTER MOTION for Extension of Time to File Answer addressed to Judge Colleen McMahon from Jeffrey A. Lindenbaum dated November 24, 2020. Document filed by Paul Rudolph Heritage Foundation, Ernst Wagner..(Lindenbaum, Jeffrey) |
| Nov 23, 2020 | 9 | Summons Returned Unexecuted (3) Docket Text: SUMMONS RETURNED UNEXECUTED as to Paul Rudolph Heritage Foundation.. Service was attempted on October 9, 2020. Document filed by Paul Rudolph Foundation, Inc...(Reuber, Cameron) |
| Nov 23, 2020 | 10 | Summons Returned Unexecuted (3) Docket Text: SUMMONS RETURNED UNEXECUTED as to Ernst Wagner.. Service was attempted on October 9, 2020. Document filed by Paul Rudolph Foundation, Inc...(Reuber, Cameron) |
| Nov 23, 2020 | 11 | Main Document (1) Docket Text: AFFIDAVIT OF SERVICE of Summons and Complaint served on Paul Rudolph Heritage Foundation on October 20, 2020. Service was made by Mail. Document filed by Paul Rudolph Foundation, Inc.. (Attachments: # (1) Exhibit A).(Reuber, Cameron) |
| Nov 23, 2020 | 11 | Exhibit A (3) |
| Nov 23, 2020 | 12 | Main Document (1) Docket Text: AFFIDAVIT OF SERVICE of Summons and Complaint served on Ernst Wagner on October 20, 2020. Service was made by Mail. Document filed by Paul Rudolph Foundation, Inc.. (Attachments: # (1) Exhibit A).(Reuber, Cameron) |
| Nov 23, 2020 | 12 | Exhibit A (3) |
| Nov 23, 2020 | 13 | Proposed Clerk's Certificate of Default (1) Docket Text: FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Paul Rudolph Foundation, Inc...(Reuber, Cameron) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 11/24/2020 (km). |
| Nov 23, 2020 | 14 | Affirmation in Support (1) Docket Text: FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIRMATION of Cameron S. Reuber in Support re: [13] Proposed Clerk's Certificate of Default. Document filed by Paul Rudolph Foundation, Inc...(Reuber, Cameron) Modified on 11/24/2020 (km). |
| Oct 20, 2020 | 8 | Order for Initial Pretrial Conference (6) Docket Text: ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: This action having been assigned to me for all purposes, it is hereby, ORDERED as follows: Except as noted in Paragraph 5 below, counsel for all parties are directed to confer,complete and sign the attached "Civil Case Management Plan" and to fax it to the Court within thirty (30) days. The parties are free to set their own deadlines as long as the plan provides for the completion of all discovery within six months of this order and the filing of a proposed "joint final-pretrial order," within forty-five days of the close of discovery. (The "trial ready" date is to be left blank.) If a conforming case management plan is submitted at least two business days prior to the scheduled initial conference and subsequently approved by the Court, the initial conference will be canceled automatically. If a motion has been filed either before or after the case management plan is approved, and the parties desire a conference, a letter must be submitted to the Court via fax specifically asking that the initial conference not be canceled. If the parties fail to agree upon such a plan or fail to submit the plan to the Court within the time provided (at least two business days before the conference date), the parties must participate in a telephone conference on 1/29/2021 at 10:00 a.m. Parties should dial in at 1(888)363-4749, access code (9054506) to join the conference. And as set forth herein. Initial Conference set for 1/29/2021 at 10:00 AM before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 10/20/2020) (ama) |
| Oct 2, 2020 | N/A | Case Opening Initial Assignment Notice (0) Docket Text: CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. Please download and review the Individual Practices of the assigned District Judge, located at 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 https://nysd.uscourts.gov/rules/ecf-related-instructions..(dnh) |
| Oct 2, 2020 | N/A | Case Designation (0) Docket Text: Magistrate Judge Sarah L. Cave 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: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (dnh) |
| Oct 2, 2020 | N/A | Case Designated ECF (0) Docket Text: Case Designated ECF. (dnh) |
| Oct 2, 2020 | N/A | Notice to Attorney Regarding Party Modification (0) Docket Text:***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Cameron Sean Reuber. The party information for the following party/parties has been modified: The Paul Rudolph Foundation, Inc. ; Paul Rudolph Heritage Foundation. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; Exclude from the entry of business name any leading A, An or The.. (dnh) |
| Oct 2, 2020 | 6 | Summons Issued (2) Docket Text: ELECTRONIC SUMMONS ISSUED as to Paul Rudolph Heritage Foundation..(dnh) |
| Oct 2, 2020 | 7 | Summons Issued (2) Docket Text: ELECTRONIC SUMMONS ISSUED as to Ernst Wagner..(dnh) |
| Oct 1, 2020 | 1 | Main Document (41) Docket Text: COMPLAINT against Paul Rudolph Heritage Foundation, Ernst Wagner. (Filing Fee $ 400.00, Receipt Number ANYSDC-21942824)Document filed by The Paul Rudolph Foundation, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8).(Reuber, Cameron) |
| Oct 1, 2020 | 1 | Exhibit 1 (12) |
| Oct 1, 2020 | 1 | Exhibit 2 (11) |
| Oct 1, 2020 | 1 | Exhibit 3 (2) |
| Oct 1, 2020 | 1 | Exhibit 4 (5) |
| Oct 1, 2020 | 1 | Exhibit 5 (10) |
| Oct 1, 2020 | 1 | Exhibit 6 (2) |
| Oct 1, 2020 | 1 | Exhibit 7 (3) |
| Oct 1, 2020 | 1 | Exhibit 8 (14) |
| Oct 1, 2020 | 2 | Civil Cover Sheet (2) Docket Text: CIVIL COVER SHEET filed..(Reuber, Cameron) |
| Oct 1, 2020 | 3 | Rule 7.1 Corporate Disclosure Statement (1) Docket Text: RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Paul Rudolph Foundation, Inc...(Reuber, Cameron) |
| Oct 1, 2020 | 4 | Request for Issuance of Summons (2) Docket Text: REQUEST FOR ISSUANCE OF SUMMONS as to Paul Rudolph Heritage Foundation, re: [1] Complaint,. Document filed by The Paul Rudolph Foundation, Inc...(Reuber, Cameron) |
| Oct 1, 2020 | 5 | Request for Issuance of Summons (2) Docket Text: REQUEST FOR ISSUANCE OF SUMMONS as to Ernst Wagner, re: [1] Complaint,. Document filed by The Paul Rudolph Foundation, Inc...(Reuber, Cameron) |
