Case details

Court: nynd
Docket #: 1:06-cv-00357
Case Name: Khan v. Bank of America, N.A.
PACER case #: 63143
Date filed: 2006-03-21
Date terminated: 2008-08-22
Assigned to: Judge David N. Hurd
Referred to: Magistrate Judge Randolph F. Treece
Case Cause: 42:2000e Job Discrimination (Employment)
Nature of Suit: 442 Civil Rights: Jobs
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Atif J. Khan
Plaintiff
 
Atif J. Khan
126 Canterbury Drive
Saugerties, NY 12477
914-456-9722
PRO SE
Bank of America, N.A.
Defendant
 
James J. Rooney
Bond, Schoeneck Law Firm - Buffalo
40 Fountain Plaza
Suite 600
Buffalo, NY 14202-2200
716-566-2800
Fax: 716-566-2808
Email: jrooney@bsk.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Gina DeSantis Wodarski
Edwards, Angell Law Firm - Boston Office
111 Huntington Avenue
Boston, MA 02199
617-439-4444
Fax: 617-439-4170
Email: gwodarski@eapdlaw.com
ATTORNEY TO BE NOTICED

Joanmarie Dowling
Bond, Schoeneck Law Firm - Albany
111 Washington Avenue
Albany, NY 12210-2280
518-533-3000
Fax: 518-533-3299
Email: jdowling@bsk.com
ATTORNEY TO BE NOTICED

John M. Bagyi
Bond, Schoeneck Law Firm - Albany
111 Washington Avenue
Albany, NY 12210-2280
518-533-3000
Fax: 518-533-3299
Email: jbagyi@bsk.com
TERMINATED: 12/07/2007

Sarah K. Delaney Vero
Bond, Schoeneck Law Firm - Albany
111 Washington Avenue
Albany, NY 12210-2280
518-533-3000
Fax: 518-533-3299
Email: svero@bsk.com
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2006-03-21 1 0 COMPLAINT against Bank of America filed by Atif J. Khan. (Attachments: # 1 Exhibit(s) 1-6# 2 Exhibit(s) 7-13# 3 Exhibit(s) 14-23# 4 Exhibit(s) 24-26)(ban) (Entered: 03/23/2006) 2011-05-11 10:57:56 a9901333274e22c5204541d0c97782e21155e269
1 2 Exhibit(s) 1-6
1 3 Exhibit(s) 7-13
1 4 Exhibit(s) 14-23
1 5 Exhibit(s) 24-26
2006-03-21 2 0 IFP APPLICATION by Atif J. Khan. (ban) (Entered: 03/23/2006)
2006-03-21 3 0 MOTION to Appoint Counsel by Atif J. Khan.(ban) (Entered: 03/23/2006)
2006-05-08 4 0 NOTICE of Change of Address by Atif J. Khan Effective Date 5/8/06 Old Address: 461 Western Trnpk, Albany, NY 12203 New Address: 111 North Allen Street, Albany, NY 12203 (tab) (Entered: 05/08/2006)
2006-05-19 5 0 DECISION & ORDER DIRECTING COMPLIANCE as to Atif J. Khan: that pltf file w/the Court w/in 30 days of the filing of this Order, an amended complaint; that pltf's IFP Application is granted; that pltf's 3 motion for appointment of counsel is denied without prejudice to renew at some future time. Any future motion for appointment of counsel must be accompanied by documentation that substantiates pltf's efforts to retain counsel on his own. If plaintiff fails to comply with the terms of this order, this action will be dismissed without further order of the Court. If plaintiff complies with the terms of this order, this file will be returned to the Court for further review. Date Served 5/22/2006 Notice of Compliance Deadline 6/21/2006 Case Review Deadline 7/21/2006Signed by Judge David N. Hurd on 5/19/2006. (see) (Entered: 05/22/2006)
2006-06-07 6 0 Letter Motion from Pltf Khan requesting extension of time to file an amended complaint submitted to Judge Hurd. (amt, ) (Entered: 06/07/2006)
2006-06-07 7 0 Copy of Letter from Pltf Khan to Committee on Professional Standards re: Russell Schindler Law Firm. (amt, ) (Entered: 06/07/2006)
2006-06-07 8 0 MOTION to Appoint Counsel by Atif J. Khan.(amt, ) (Entered: 06/07/2006)
2006-06-09 9 0 ORDER granting the 6 Letter Request for an extension of time to file an amended complaint to 7/31/2006; denying without prejudice to renew the 8 Motion to Appoint Counsel.Signed by Judge David N. Hurd on 6/9/2006. (see) (Entered: 06/09/2006)
2006-07-21 10 0 AMENDED COMPLAINT against Bank of America filed by Atif J. Khan.(ban) (Entered: 07/21/2006)
2006-09-26 11 0 NOTICE of Change of Address by Atif J. Khan Effective Date 9/26/06 Old Address: 111 North Allen St., Albany, NY New Address: 4 Fielding Lane, Watervliet, NY 12189 (tab) (Entered: 09/26/2006)
2006-10-18 12 0 Letter Motion from Plaintiff to USMJ Treece dd 10/18/06 requesting status report on case. (wjg, ) (Entered: 10/19/2006)
2006-10-19 13 0 DECISION & ORDER: that the Clerk shall issue a Summons & forward it, along w/a copy of the Amended Complaint & GO 25, to the USMS for service upon the deft in accordance w/Rule 4(h) of the FRCivP. The Clerk shall also serve a copy of this Order & GO 25 on the pltf. Signed by Judge David N. Hurd on 10/19/2006. (see) (Entered: 10/20/2006)
2006-10-20 14 0 G.O. 25 FILING ORDER ISSUED Initial Conference set for 3/6/2007 09:00 AM in Albany before Magistrate Judge Randolph F. Treece. Civil Case Management Plan due by 2/26/2007. (ban) (Entered: 10/20/2006)
2006-11-01 15 0 SEALING ORDER sealing attached documents submitted to Court. Signed by Judge Randolph F. Treece on 11/1/06. (wjg, ) (Entered: 11/08/2006)
2007-01-24 16 0 Letter Motion from plaintiff Atif Kahn for Atif J. Khan requesting Extension of time to file amended complaint submitted to Judge Randolph F. Treece. (tab) (Entered: 01/24/2007)
2007-01-24 17 0 ORDER granting 16 Letter Request, extending service deadline to 2/28/07. Signed by Judge Randolph F. Treece on 1/24/07. (tab) (Entered: 01/25/2007)
2007-02-01 18 0 STATUS REPORT from Dept. of Justice, regarding US Marshal's status on service to Defendant. (tab) (Entered: 02/01/2007)
2007-02-08 19 0 NOTICE of Hearing:Initial Conference set for 3/21/2007 09:30 AM in Albany before Magistrate Judge Randolph F. Treece.,Civil Case Management Plan due by 3/15/2007. (tab) (Entered: 02/08/2007)
2007-02-08 20 0 WAIVER OF SERVICE Returned Executed by Atif J. Khan. Bank of America waiver sent on 12/29/2006, accepted on 2/2/07 and therefore the answer deadline is set for 2/27/2007. (jmb) (Entered: 02/12/2007)
2007-02-09 21 0 NOTICE of Change of Address by Atif J. Khan Effective Date 1/9/07 Old Address: 4 feilding Lane, Watervliet, NY New Address: 10a Clifford Road, Menands, NY 12204 (tab) (Entered: 02/12/2007)
2007-02-27 22 0 ANSWER to Amended Complaint by Bank of America.(Bagyi, John) (Entered: 02/27/2007)
2007-02-27 23 0 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Bank of America identifying NB Holdings Corporation as Corporate Parent.. (Bagyi, John) (Entered: 02/27/2007)
2007-03-02 24 0 CIVIL CASE MANAGEMENT PLAN by Atif J. Khan, Bank of America. (wjg, ) (Entered: 03/05/2007)
2007-03-14 25 0 CIVIL CASE MANAGEMENT PLAN by Bank of America. (Bagyi, John) (Entered: 03/14/2007)
2007-03-14 26 0 CERTIFICATE OF SERVICE by Bank of America re 25 CIVIL CASE MANAGEMENT PLAN (Bagyi, John) (Entered: 03/14/2007)
2007-03-20 27 0 MOTION for Limited Admission Pro Hac Vice of Gina D. Wodarski Filing fee $30, receipt number 727344 by Bank of America. (Attachments: # 1 Affirmation of Sponsor# 2 Affidavit /Verified Petition for Admission# 3 Appendix New Attorney E-Filing Registration Form# 4 Proposed Order/Judgment Order) Motions referred to Randolph F. Treece. (Bagyi, John) (Entered: 03/20/2007)
2007-03-20 28 0 CERTIFICATE OF SERVICE by Bank of America re 27 MOTION for Limited Admission Pro Hac Vice of Gina D. Wodarski Filing fee $30, receipt number 727344 (Bagyi, John) (Entered: 03/20/2007)
2007-03-21 29 0 Minute Entry for proceedings held before Judge Randolph F. Treece : Rule 16 Initial Pretrial Conference held on 3/21/2007; ADR Mediation Program selected; deadlines set; order to be issued. (CRD Robin Hinman) (rzh, ) (Entered: 03/21/2007)
2007-03-21 30 0 UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 3-5 days (jury trial). Preferred Trial Location: Albany, NY.Joinder of Parties due by 4/30/2007.,Amended Pleadings due by 4/30/2007.,Discovery due by 10/15/2007.,Motions to be filed by 12/15/2007.,Trial Ready Deadline is 12/15/2007.,Deadline for completion of mediation is 10/15/2007.,Status Report due by 7/31/2007. Signed by Judge Randolph F. Treece on 3/21/07. (tab) (Entered: 03/21/2007)
2007-03-21 31 0 NOTICE of Appearance by Joanmarie Dowling on behalf of Bank of America (Dowling, Joanmarie) (Entered: 03/21/2007)
2007-03-21 32 0 CERTIFICATE OF SERVICE by Bank of America re 31 Notice of Appearance (Dowling, Joanmarie) (Entered: 03/21/2007)
2007-03-21 33 0 ORDER granting 27 Motion for Limited Admission Pro Hac Vice of Gina D. Wodarski, Esq.. Signed by Judge Randolph F. Treece on 3/21/07. (wbl, ) (Entered: 03/22/2007)
2007-03-28 34 0 DOCUMENT REJECTION ORDER as to Atif Khan returning Letter to Judge Treece. Papers cannot be filed without some indication that they have been served on your opponent. If you are seeking appointment of counsel, your request must be in the form of a motion that complies with the Local Rules. Such motion shall be accompanied by documentary evidence of your efforts to obtain counsel from the public or private sector. Signed by Judge Randolph F. Treece on 3/28/07. (ban) (Entered: 03/30/2007)
2007-04-05 35 0 MOTION to Appoint Counsel by Atif J. Khan. (Attachments: #(1) exhibits: letters to attorneys, #(2) certificate of service) Motions referred to Randolph F. Treece. (tab) (Entered: 04/05/2007)
2007-04-18 36 0 ORDER denying 35 Motion to Appoint Counsel. Signed by Judge Randolph F. Treece on 4/18/07. (tab) (Entered: 04/18/2007)
2007-04-30 37 0 Letter to plaintiff Kahn from Magistrate Judge Treece dated 4/30/07. (tab) (Entered: 04/30/2007)
2007-05-04 38 0 CERTIFICATE OF SERVICE of Stipulation by Atif J. Khan on 4/27/07. (wjg, ) (Entered: 05/07/2007)
2007-05-08 39 0 STIPULATION to Amend Caption by Bank of America submitted to Judge Treece. (Dowling, Joanmarie) (Entered: 05/08/2007)
2007-05-08 40 0 NOTICE/ORDER to Plaintiff Atif J. Khan from Judge Treece. Signed by Judge Randolph F. Treece on 5/8/07. (ban) (Entered: 05/09/2007)
2007-05-09 41 0 STIPULATION AND ORDER to amend caption. Signed by Judge Randolph F. Treece on 5/9/07. (tab) (Entered: 05/09/2007)
2007-05-17 42 0 Letter Motion from Atif Kahn, plaintiff for Atif J. Khan requesting extension fo time for discovery submitted to Judge Randolf F. Treece. (tab) (Entered: 05/18/2007)
2007-05-17 43 0 NOTICE by Atif J. Khan/plaintiff's request for production of video tape (tab) (Entered: 05/18/2007)
2007-05-18 44 0 RESPONSE to Motion re 42 Letter Motion from Atif Kahn, plaintiff for Atif J. Khan requesting extension fo time for discovery submitted to Judge Randolf F. Treece filed by Bank of America, N.A.. (Dowling, Joanmarie) (Entered: 05/18/2007)
2007-05-24 45 0 ORDER granting in part and denying in part various discovery issues IN 42 Letter Request. Mr. Khan may serVe his response to Demands for Interrogatories and Production of Documents and his Initial Mandatory Disclosure on or before 6/30/07. Defendants shall reply to Mr. Khan's Demand for the videotape on or before 6/18/07. Signed by Judge Randolph F. Treece on 5/24/07. (ban) (Entered: 05/25/2007)
2007-06-26 46 0 *** STRICKEN*** CERTIFICATE OF SERVICE by Atif J. Khan (Attachments: #(1) interrogatories, #(2) statements)(tab) Modified on 6/27/2007 (tab). (Entered: 06/27/2007)
2007-06-27 47 0 ORDER TO STRIKE re 46 Certificate of Service, Interrogatories and Statements filed by Atif J. Khan. Signed by Judge Randolph F. Treece on 6/27/07. (tab) (Entered: 06/27/2007)
2007-06-27 48 0 REQUEST/MOTION to Appoint Counsel by Atif J. Khan. Motions referred to Randolph F. Treece. (wjg, ) (Entered: 06/28/2007)
2007-06-28 49 0 Letter Motion from Joanmarie M. Dowling, Esq. for Bank of America, N.A. requesting Conference submitted to Judge Treece. (Dowling, Joanmarie) (Entered: 06/28/2007)
2007-06-28 50 0 CERTIFICATE OF SERVICE by Bank of America, N.A. re 49 Letter Motion from Joanmarie M. Dowling, Esq. for Bank of America, N.A. requesting Conference submitted to Judge Treece (Dowling, Joanmarie) (Entered: 06/28/2007)
2007-07-05 51 0 ORDER The parties are given until 7/27/07 to enter into agreement for a mediator. Status Report due by 7/27/2007. Signed by Judge Randolph F. Treece on 7/5/07. (ban) (Entered: 07/05/2007)
2007-07-19 52 0 ORDER denying 48 Motion to Appoint Counsel; the Clerk shall return without filing, any future motions for appointment of counsel submitted by Pltf unless and until a trial date has been scheduled in this action. Signed by Judge Randolph F. Treece on 7/19/07 [served]. (wjg, ) (Entered: 07/19/2007)
2007-07-23 53 0 STATUS REPORT by Bank of America, N.A.. (Bagyi, John) (Entered: 07/23/2007)
2007-07-23 54 0 CERTIFICATE OF SERVICE by Bank of America, N.A. re 53 Status Report (Bagyi, John) (Entered: 07/23/2007)
2007-08-16 55 0 Letter Motion from Sarah K. Delaney for Bank of America, N.A. requesting Court conference submitted to Judge Randolph F. Treece. (Attachments: # 1 Exhibit(s) A - Interrogatories# 2 Exhibit(s) A - Request for Documents# 3 Exhibit(s) B - 7/20/07 Letter# 4 Exhibit(s) C - Plaintiff's responses)(Delaney, Sarah) (Entered: 08/16/2007)
2007-08-16 56 0 CERTIFICATE OF SERVICE by Bank of America, N.A. re 55 Letter Motion from Sarah K. Delaney for Bank of America, N.A. requesting Court conference submitted to Judge Randolph F. Treece (Delaney, Sarah) (Entered: 08/16/2007)
2007-08-20 57 0 ORDER granting 55 Letter Request, Discovery Hearing set for 8/28/2007 10:30 AM in Albany before Magistrate Judge Randolph F. Treece. Signed by Judge Randolph F. Treece on 8/20/07. (tab) (Entered: 08/20/2007)
2007-08-22 58 0 ORDER directing atty Gina DeSantis Wodarski to complete ECF activation. Failure to abide by this Order may result in sanctions from the Court. Signed by Judge Randolph F. Treece on 8/22/07 [served].(wjg, ) (Entered: 08/23/2007)
2007-08-30 59 0 STIPULATION Selecting Neutral by Bank of America, N.A., Ruth Ann Ihne selecting Ruth Ann Ilne, Esq. as mediator.(Delaney, Sarah) (Entered: 08/30/2007)
2007-08-30 60 0 CERTIFICATE OF SERVICE by Bank of America, N.A. re 59 Stipulation Selecting Neutral (Delaney, Sarah) (Entered: 08/30/2007)
2007-08-31 61 0 Letter Motion from Sarah K. Delaney, Esq. for Bank of America, N.A. requesting Order of Confidentiality submitted to Judge Treece. (Delaney, Sarah) (Entered: 08/31/2007)
2007-09-05 62 0 ORDER granting 61 Letter Request for Confidentiality Order. Signed by Judge Randolph F. Treece on 9/5/07. (tab) (Entered: 09/05/2007)
2007-09-05 63 0 REPORT of Mediation (Bagyi, John) (Entered: 09/05/2007)
2007-10-03 64 0 Letter Motion from plaintiff Atif Kahn for Atif J. Khan requesting the scheduling of a discovery conference submitted to Judge Randolph F. Treece. (tab) (Entered: 10/05/2007)
2007-10-05 65 0 MOTION to Amend/Correct 10 Amended Complaint, certificate of service attached by Atif J. Khan. Motions referred to Randolph F. Treece. (tab) (Entered: 10/05/2007)
2007-10-11 66 0 ORDER finding as moot 64 Letter Request regarding discovery, ; granting 65 Motion to Amend/Correct and granting request to audio tape deposition. Signed by Judge Randolph F. Treece on 10/11/07. (tab) (Entered: 10/12/2007)
2007-10-18 67 0 Letter Motion from Sarah K. Delaney, Esq. for Bank of America, N.A. requesting extension of paper discovery submitted to Judge Randolph F. Treece. (Delaney, Sarah) (Entered: 10/18/2007)
2007-10-22 68 0 ORDER denying 67 Letter Request for an extension of discovery deadline. Signed by Judge Randolph F. Treece on 10/22/07. (tab) (Entered: 10/22/2007)
2007-11-29 69 0 Letter Motion from Atif Kahn for Atif J. Khan requesting assistance in correcting a deposition transcript submitted to Judge Randolph F. Treece. (tab) (Entered: 12/03/2007)
2007-12-05 70 0 NOTICE by Bank of America, N.A. of Substitution of Counsel (Bagyi, John) (Entered: 12/05/2007)
2007-12-05 71 0 CERTIFICATE OF SERVICE by Bank of America, N.A. re 70 Notice (Other) of Substitution of Counsel (Bagyi, John) (Entered: 12/05/2007)
2007-12-07 72 0 RESPONSE in Opposition re 69 Letter Motion from Atif Kahn for Atif J. Khan requesting assistance in correcting a deposition transcript submitted to Judge Randolph F. Treece Letter filed by Bank of America, N.A.. (Attachments: # 1 Exhibit(s) Exhibit A - Deposition excerpt# 2 Exhibit(s) Exhibit B - 10-18-07 letter to Judge Treece)(Delaney, Sarah) (Entered: 12/07/2007)
2007-12-07 73 0 CERTIFICATE OF SERVICE by Bank of America, N.A. re 72 Response in Opposition to Motion, Letter to Judge Treece with Exhibits (Delaney, Sarah) (Entered: 12/07/2007)
2007-12-11 74 0 ORDER addressing plaintiff Kahn's discovery issues 69 Letter Request. Signed by Judge Randolph F. Treece on 12/11/07. (tab) (Entered: 12/12/2007)
2007-12-17 75 0 MOTION for Summary Judgment Motion Hearing set for 1/25/2008 10:00 AM in Albany before Judge David N. Hurd.,Response to Motion due by 1/8/2008,Reply to Response to Motion due by 1/14/2008. by Bank of America, N.A.. (Attachments: # 1 Affirmation of James J. Rooney# 2 Exhibit(s) 1 -- Camp's medical records# 3 Exhibit(s) 2a -- Plaintiff's dep excerpts# 4 Exhibit(s) 2b -- Plaintiff's dep excerpts# 5 Exhibit(s) 2c -- Plaintiff's dep excerpts# 6 Exhibit(s) 3 -- Sipperley dep excerpts# 7 Exhibit(s) 4 -- EEOC determination# 8 Exhibit(s) 5 -- Complaint of discrimination) (Rooney, James) (Entered: 12/17/2007)
2007-12-17 76 0 Affidavit of Michael A. Panzera in support of the 75 Motion for Summary Judgment by Bank of America, N.A.. (Attachments: # 1 Exhibit(s) 1 -- job description# 2 Exhibit(s) 2a -- Counseling docs# 3 Exhibit(s) 2b -- Counseling docs# 4 Exhibit(s) 2c -- Counseling docs# 5 Exhibit(s) 3 -- Investigation notes# 6 Exhibit(s) 4 -- 6/6/05 Counseling# 7 Exhibit(s) 5 -- Training plan) (Rooney, James) Modified on 12/18/2007 (see, ). (Entered: 12/17/2007)
2007-12-17 77 0 Affidavit of Shawn Sprague in Support of the 75 Motion for Summary Judgment by Bank of America, N.A. (Attachments: # 1 Exhibit(s) 1 -- Performance evaluation# 2 Exhibit(s) 2 -- 2/2/06 Statement# 3 Affidavit of Bruce Hopkins# 4 Affidavit of Linda Mabie# 5 Affidavit of Jon McGrew# 6 Affidavit of Raminder Bhangoo# 7 Exhibit(s) 1 -- 2/2/06 Statement# 8 Affidavit of Lisa Mack# 9 Affidavit of Alan Johnson# 10 Affidavit of Peggy Robertson# 11 Exhibit(s) 1 -- Medical leave docs# 12 Exhibit(s) 2 -- Questionnaire and response# 13 Exhibit(s) 3 -- Camp's release# 14 Exhibit(s) 4 -- Camp's release) (Rooney, James) Modified on 12/18/2007 (see, ). (Entered: 12/17/2007)
2007-12-17 78 0 Statement of Material Facts & Memorandum of Law in Support of the 75 MOTION for Summary Judgment by Bank of America, N.A. (Attachments: # 1 Statement of Material Facts # 2 Memorandum of Law in Support of Defendant's Motion for Summary Judgment# 3 Appendix -- Wallmar case# 4 Appendix -- Shannon case# 5 Appendix -- Droutman case# 6 Appendix -- Ponniah case# 7 Appendix -- Tabachnik case# 8 Appendix -- Martinez case# 9 Appendix -- Bowles case# 10 Appendix -- Khan case# 11 Appendix -- Walerstein case# 12 Appendix Thompson case# 13 Appendix -- Iuorno case# 14 Appendix -- Walker case# 15 Appendix -- Torres case# 16 Appendix -- LaBella case# 17 Appendix -- Shannon case# 18 Appendix -- Crawford case# 19 Appendix -- Nader case# 20 Appendix -- Grosh case# 21 Appendix -- Marshall-Screen case# 22 Appendix -- Thompson case) (Rooney, James) Modified on 12/18/2007 (see, ). (Entered: 12/17/2007)
2007-12-17 79 0 CERTIFICATE OF SERVICE by Bank of America, N.A. re 77 MOTION for Summary Judgment (Affidavit of Shawn Sprague) MOTION for Summary Judgment (Affidavit of Shawn Sprague) MOTION for Summary Judgment (Affidavit of Shawn Sprague) MOTION for Summary Judgment (Affidavit of Shawn Sprague), 78 MOTION for Summary Judgment, 75 MOTION for Summary Judgment, 76 MOTION for Summary Judgment (Affidavit of Michael A. Panzera) MOTION for Summary Judgment (Affidavit of Michael A. Panzera) MOTION for Summary Judgment (Affidavit of Michael A. Panzera) (Rooney, James) (Entered: 12/17/2007)
2008-01-02 80 0 Letter Motion from Pro Se Plaintiff Atif Khan dd 12-31-07 requesting Extension of time to file Response to the Summary Judgment Motion 75 submitted to Judge Hurd. (pta ) (Entered: 01/03/2008)
2008-01-07 81 0 ORDER granting pltf's 80 Letter Request for an extension to file a response to the motion for summary judgment. Response to be filed by 2/8/2008. Signed by Judge David N. Hurd on 1/7/2008. (see) (Entered: 01/07/2008)
2008-01-15 82 0 ***STRICKEN BY JUDGE TREECE'S 83 ORDER***STATEMENT OF CHANGES TO DEPOSITION TRANSCRIPT by Atif J. Khan.(tab) Modified on 2/28/2008 to note strike order (cbm, ). (Entered: 01/16/2008)
2008-01-16 83 0 ORDER TO STRIKE re 82 Statement of Changes to Deposition Transcript filed by Atif J. Khan. Signed by Judge Randolph F. Treece on 1/16/08. (tab) (Entered: 01/16/2008)
2008-02-04 84 0 MOTION to Appoint Counsel by Atif J. Khan. Motions referred to Randolph F. Treece. (dpk) Modified on 2/5/2008 (dpk, ). (Entered: 02/05/2008)
2008-02-04 85 0 RESPONSE to Motion re 75 MOTION for Summary Judgment filed by Atif J. Khan. (Attachments: # 1 Exhibit(s) 1-6, # 2 Exhibit(s) 7, # 3 Exhibit(s) 8-15, # 4 Statement of Material Facts, # 5 Plaintiff's Response to Defendant's Memorandum of Law In Support of It's Motion for Summary Judgment, # 6 Plaintiff's response to Affidavit of Michael Panzera, # 7 Plaintiff's response to Affidavit of Alan Johnson, # 8 Plaintiff's response to Affidavit of Bruce Hopkins, # 9 Plaintiff's response to Affidavit of James J. Rooney, # 10 Plaintiff's response to Affidavit of Jon McGrew, # 11 Plaintiff's response to Mr. Karl Sipperly's Disposition, # 12 Plaintiff's response to Affidavit of Linda Maybe, # 13 Plaintiff's response to Affidavit of Lisa Mack, # 14 Plaintiff's response to Affidavit of Peggy Robertson, # 15 Plaintiff response to Affidavit of Raminder Bhangoo, # 16 Plaintiff response to Affidavit of Shawn Sprague, # 17 Audio Tape Exhibit as to Affidavits, # 18 Certificate of Personal Service)(dpk) Modified on 2/5/2008 (dpk, ). (Entered: 02/05/2008)
2008-03-03 86 0 MOTION to Strike Response to Motion due by 4/8/2008 Reply to Response to Motion due by 4/14/2008. Motion Hearing set for 4/25/2008 10:00 AM in Albany before Judge David N. Hurd by Bank of America, N.A.. (Attachments: # 1 Memorandum of Law in Support of Motion to Strike, # 2 Appendix A -- McAfee case, # 3 Appendix B -- Dagen case) Motions referred to Randolph F. Treece. (Rooney, James) (Entered: 03/03/2008)
2008-03-03 87 0 CERTIFICATE OF SERVICE by Bank of America, N.A. re 86 MOTION to Strike (Rooney, James) (Entered: 03/03/2008)
2008-03-03 88 0 MEMORANDUM OF LAW re 85 Response to Motion,,,, (Defendant's Memo of Law In Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment) filed by Bank of America, N.A.. (Attachments: # 1 Exhibit(s) A -- Panzera affidavit, without sealed exhibits)(Rooney, James) Modified on 3/4/2008 (wbl, ).SEALED EXHIBITS TO PANZERA AFFIDAVIT ARE ON FILE IN THE CLERK'S OFFICE AND NOT FOR PUBLIC VIEWING. (Entered: 03/03/2008)
2008-03-03 89 0 CERTIFICATE OF SERVICE by Bank of America, N.A. re 88 Memorandum of Law, in Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment (Rooney, James) (Entered: 03/03/2008)
2008-08-21 90 0 MEMORANDUM-DECISION & ORDER: granting deft Bank of America, N.A.'s 75 Motion for Summary Judgment; denying deft's 86 Motion to Strike; and The complaint is dismissed in its entirety. The Clerk is directed to enter judgment accordingly. Signed by Judge David N. Hurd on 8/21/2008. (see) (Entered: 08/22/2008)
2008-08-22 91 0 JUDGMENT in favor of Bank of America, N.A. against Atif J. Khan, in accordance with the 90 Order of the Honorable David N. Hurd. (Attachments: # 1 Appeal Notice) (see) (Entered: 08/22/2008)
2008-08-26 92 0 NOTICE of Change of Address by Atif J. Khan; Old Address: 10a Clifford Rd., Menands, NY 12004; New Address: 126 Canterbury Drive, Saugerties, NY 12477. (ban) (Entered: 08/26/2008)
2008-08-26 93 0 NOTICE OF APPEAL as to 91 Judgment, 90 Order on Motion for Summary Judgment, Order on Motion to Appoint Counsel, Order on Motion to Strike, by Atif J. Khan. [appeals packet mailed to plaintiff]. (ban) (Entered: 08/26/2008)
2008-08-26 94 0 ELECTRONIC NOTICE sent to US Court of Appeals re 93 Notice of Appeal. (ban) (Entered: 08/26/2008)
2008-08-26 95 0 ELECTRONIC CERTIFICATION to US Court of Appeals of Record on Appeal re 93 Notice of Appeal. (ban) (Entered: 08/26/2008)
2009-02-11 96 0 Enclosure Letter to USCA clerk, for sealed documents. (cbm ) (Entered: 02/11/2009)
2010-05-27 97 0 MANDATE of USCA, issued 5/26/10, as to 93 Appeal filed by Atif J. Khan; AFFIRMING judgment of the district court. (cbm ) (Entered: 05/27/2010)