| Court: | nysd |
| Docket #: | 1:06-cv-07910 |
| Case Name: | Okraynets et al v. The City of New York et al |
| PACER case #: | 291065 |
| Date filed: | 2006-10-03 |
| Date terminated: | 2008-09-22 |
| Assigned to: | Magistrate Judge Henry B. Pitman |
| Case Cause: | 28:1332 Diversity-Personal Injury |
| Nature of Suit: | 360 P.I.: Other |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Diversity |
| Represented Party | Attorney & Contact Info |
| Dmitry Okraynets Plaintiff |
Bradley A. Sacks David Jaroslawicz Robert Joseph Tolchin |
| Tatania Okraynets Plaintiff |
Bradley A. Sacks David Jaroslawicz Robert Joseph Tolchin |
| The City of New York Defendant |
Cynthia Goldman |
| Metropolitan Transportation Authority Defendant |
Joseph A. D'Avanzo Charles Christopher De Martino |
| MTA New York City Transit Defendant |
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| MTA Capital Construction Company Defendant |
Joseph A. D'Avanzo Charles Christopher De Martino |
| New York City Transit Authority Defendant |
Joseph A. D'Avanzo Charles Christopher De Martino |
| The City of New York Cross Claimant |
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| New York City Transit Authority Cross Defendant |
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| Metropolitan Transportation Authority Cross Defendant |
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| MTA New York City Transit Cross Defendant |
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| MTA Capital Construction Company Cross Defendant |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2006-10-03 | 1 | 0 | COMPLAINT against New York City Transit Authority, The City of New York, Metropolitan Transportation Authority, MTA New York City Transit, MTA Capital Construction Company. (Filing Fee $ 350.00, Receipt Number 592491)Document filed by Dmitry Okraynets, Tatania Okraynets.(db, ) Additional attachment(s) added on 10/13/2006 (jeh, ). (Entered: 10/05/2006) | |||
| 2006-10-05 | 2 | 0 | AFFIDAVIT OF SERVICE of Summons and Complaint,. New York City Transit Authority served on 10/3/2006, answer due 10/23/2006; MTA New York City Transit served on 10/3/2006, answer due 10/23/2006. Service was accepted by receptionist. Document filed by Dmitry Okraynets; Tatania Okraynets. (Jaroslawicz, David) (Entered: 10/05/2006) | |||
| 2006-10-05 | 3 | 0 | AFFIDAVIT OF SERVICE of Summons and Complaint,. The City of New York served on 10/3/2006, answer due 10/23/2006; Metropolitan Transportation Authority served on 10/3/2006, answer due 10/23/2006; MTA Capital Construction Company served on 10/3/2006, answer due 10/23/2006. Service was accepted by receptionist. Document filed by Dmitry Okraynets; Tatania Okraynets. (Jaroslawicz, David) (Entered: 10/05/2006) | |||
| 2006-10-19 | 4 | 0 | NOTICE OF APPEARANCE by Cynthia Goldman on behalf of The City of New York (Goldman, Cynthia) (Entered: 10/19/2006) | |||
| 2006-10-23 | 5 | 0 | ANSWER to Complaint., CROSSCLAIM against New York City Transit Authority, Metropolitan Transportation Authority, MTA New York City Transit, MTA Capital Construction Company. Document filed by The City of New York.(Goldman, Cynthia) (Entered: 10/23/2006) | |||
| 2006-10-25 | 6 | 0 | NOTICE OF CASE REASSIGNMENT to Judge Richard C. Casey. Judge Shirley Wohl Kram is no longer assigned to the case. (lb, ) (Entered: 10/30/2006) | |||
| 2006-10-30 | 7 | 0 | STIPULATION AND ORDER that the time for dfts to appear, answer or make any motion with respect to plaintiffs' summons and/or complaint in this action is extended to and including 11/22/06. (Signed by Judge Richard C. Casey on 10/30/06) (dle, ) (Entered: 10/31/2006) | |||
| 2006-11-13 | 8 | 0 | AMENDED COMPLAINT amending 5 Answer to Complaint, Crossclaim against New York City Transit Authority, The City of New York, Metropolitan Transportation Authority, MTA New York City Transit, MTA Capital Construction Company.Document filed by Dmitry Okraynets, Tatania Okraynets. Related document: 5 Answer to Complaint, Crossclaim filed by The City of New York.(jco, ) Additional attachment(s) added on 11/20/2006 (jco, ). (Entered: 11/20/2006) | |||
| 2007-01-24 | 9 | 0 | ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for general pretrial (includes scheduling, discovery, non dispositive pretrial motions, and settlement). Referred to Magistrate Judge Henry B. Pitman. (Signed by Judge Richard C. Casey on 1/24/07) (dle) (Entered: 01/25/2007) | |||
| 2007-02-15 | 10 | 0 | SCHEDULING ORDER:Dispositive Motions due by 8/14/2007.,Discovery due by 6/14/2007., Settlement Conference set for 8/6/2007 10:00 AM before Magistrate Judge Henry B. Pitman., Pretrial Order shall be fld on 9/14/07 or 30 days after the decision on any dispositive motion, whichever is later. (Signed by Judge Henry B. Pitman on 2/14/07) copies sent by chambers.(cd) (Entered: 02/16/2007) | |||
| 2007-04-30 | 11 | 0 | SCHEDULING ORDER re: resolution of several discovery disputes as follows: No later than 5/7/07, dft's shall produce to plaintiffs counsel certain documents that are set forth in this Order. No later than 5/7/07, dft's shall provide plaintiffs counsel with response to plaintiffs outstanding interrogatories and document requests. (Signed by Judge Henry B. Pitman on 4/30/07) (pl) (Entered: 05/01/2007) | |||
| 2007-05-09 | 12 | 0 | STIPULATION AND ORDER SUBSTITUTING COUNSEL Paykin, Greenblatt, Lesser & Krieg, LLP be changed and that Wilson, Elser, Moskowitz, Edelman & Dicker LLP be substituted as attorneys of record for defendants. So Ordered. (Signed by Judge Henry B. Pitman on 5/8/07) (jco) (Entered: 05/10/2007) | |||
| 2007-05-17 | 13 | 0 | ORDER This case was assigned to Judge Richard Conway Casey, who passed away on 3/22/07. The case will be reassigned to a new judge in the near future. You will be notified of the reassignment of ECF (for ECF cases) or in a form to be mailed to you (for non-ECF cases). The parties in this case are ordered to review the attorney/party information on the docket sheet and determine whether the information presently listed is incorrect. If an error exists, the affected party must submit updated contact information no later than 5/30/07. Parties should take care to remover the contact information for attorneys no longer involved in the case and to enter appearances for any current attorneys who are not listed. The parties are also ordered to submit a joint summary of the case no later 5/30/07. The summary should be sent to Judge Caseys Chambers Attn: Law Clerks and will be provided to the new judge upon reassignment of the case. The Summary should be a bare statement of the case with any relevant procedural history. This includes, but is not limited to, the subject matter of the litigation, whether discovery is complete, whether the case is or has been before a magistrate judge, whether there are any motions or applications pending, and the subject matter of the pending motions or applications, if any. Be sure to indicate whether the parties have entered into a case management plan and list the relevant dates. The Summary is not a vehicle for arguing the merits of disputed issues and should be brief. If the defendant in this case has not yet appeared, the plaintiff should indicate this fact and need not make a joint submission. Parties in cases involving an incarcerated pro se litigant need not make a joint submission. Should matters arise prior to the reassignment, parties are directed to review the previously issued Notice to Parties with Pending Civil Cases Before Judge Casey, available at www.nysd.uscourts.gov and follow the directions therein. So Ordered. (Signed by Judge Kimba M. Wood on 5/16/07) (jco) (Entered: 05/21/2007) | |||
| 2007-05-18 | 14 | 0 | NOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge Richard C. Casey is no longer assigned to the case. (jeh) (Entered: 05/29/2007) | |||
| 2007-05-31 | 15 | 0 | ORDER The following procedures will apply to all cases transferred from Judge Caseys docket to Judge McMahon:I. PROCEDURES FOR CASES IN WHICH THERE ARE NO PRO SE PARTIES:1. Individual Rules: First and most important, please download a copy of Judge McMahons Individual Rules, which can be found on the courts web site (www.nysd.uscourts.gov), under Judges Rules (click on Judge McMahons name). Read them carefully. Judge McMahons Rules differ somewhat from the rules of other judges. She expects counsel to be familiar with her rules and to follow them. 2. Compilation of Chambers Files: Judge McMahon will receive from Judge Caseys chambers a copy of the letter submitted by counsel pursuant to the Order of Chief Judge Wood dated May 16, 2007. She will also receive courtesy copies of motion papers. In order to assemble an up-to-date chambers file, she needs to receive the following from counsel: (A) If Judge Casey entered a scheduling order or a case management order, please mail or fax to chambers a courtesy copy of the most recent such order. (B) If your case has been referred to a magistrate judge for any purpose, please send a copy of the order of reference to chambers.(C) If a Joint Pre-Trial Order has been filed, please send a courtesy copy to chambers. 3. Discovery Deadlines Where Prior Scheduling Order in Place: If you have a scheduling order in place containing a discovery deadline that has not yet passed, please adhere to that deadline. Judge McMahon does NOT routinely grant adjournments or extend the time to complete discovery. She expects cases to be ready for trial within six months of the filing of the complaint (or, in the case of transferred cases, within six months from the date of transfer). If your discovery deadline has passed, she is not going to give you additional time to complete discovery even if you have not conducted any discovery to date. If you have a discovery schedule, the date by which you must submit your Joint Pre-Trial Order and other pre-trial papers required by Jude McMahons Individual Rules is forty-five days after the discovery deadline. This rule supercedes any prior order of Judge Casey on this subject. If your discovery deadline passed more than 45 days ago, you have 45 days from the date of this order to submit a Final Pre-trial Order and you are subject to be called for trial on 48 hours notice, beginning July 15, 2007. Judge McMahon does not delegate to the magistrate judges authority to alter the discovery schedule that she sets. She will not honor any prior delegation of such authority made by Judge Casey. If you want the magistrate to have the authority to extend the discovery deadline from whatever it is today (whether that deadline was set by the Magistrate Judge or by Judge Casey), Judge McMahon will be happy to sign an order referring your case to the Magistrate Judge for all purposes, including trial. Unless you go to the Magistrate Judge for all purposes, Judge McMahon will retain control over your discovery deadline. 4. Case Management Orders In Cases Where None Has Been Entered: If you do NOT have a case management or scheduling order in place, you can put one in place in one of two ways: by consent of counsel or after a Rule 16 conference with Judge McMahon. Download Judge McMahons form of scheduling order, which can be found on-line at www.nysd.uscourt.gov. If counsel can agree on a set of dates that gets the case ready for trial in six months from the date the case was transferred, fill out the order, sign it and submit it the chambers via fax (212-805-6326) for the judges signature. Consent scheduling orders in transferred cases must be received in Chambers by June 6, 2007. If the time frame comports with the judges rules, she will sign the order and send you an order of reference to the magistrate judge for discovery supervision and non-dispositive motions. If counsel cannot agree on a scheduling order by June 6, 2007, you will be notified of the time and date for a Rule 16 conference, at which an order conforming to Judge McMahons rules will be entered. Judge McMahon does NOT adjourn Rule 16 conferences except in extraordinary circumstances.5. Joint Pre-Trial Orders Not Yet Filed: If the discovery deadline imposed by Judge Caseys or the Magistrate Judges most recent case management order has passed but you have not filed a Joint Pre-Trial Order, you have forty-five days from the date of this order to file a Joint Pre-Trial Order, along with all other pre-trial papers required by Judge McMahons Individual Rules. Papers to be filed along with the Joint Pre-Trial Order include proposed jury instructions (jury trials) or findings of fact and conclusions of law (bench trials), as well as trial briefs, if necessary. Do not file motions in limine. Motions in limine will be denied without prejudice if they are filed along with the Joint Pre-Trial Order. They should be filed when the case is noticed for a Final Pre-Trial Conference. YOU MUST FILE THE JOINT PRE-TRIAL ORDER AND RELATED DOCUMENTS, EVEN IF YOU HAVE A MOTION FOR SUMMARY JUDGMENT PENDING OR YOU PLAN TO FILE SUCH A MOTION. Judge McMahon does not waive the filing of trial-ready papers just because dispositive motions have been made or are contemplated. Judge McMahon will NOT grant any extension of the forty-five day deadline for filing trial-ready papers in cases in which discovery is, or should have been, completed. This order supercedes any other order previously entered by Judge Casey concerning the filing of a Joint Pre-Trial Order or other pre-trial papers. 6. Electronic Discovery: Judge McMahons rules governing electronic discovery (which can be found at www.nysd.uscourts.gov) apply automatically to any case assigned to her docket unless and until the parties agree on a different electronic discovery order. If Judge Casey or a Magistrate Judge previously entered an electronic discovery order, that order will control in your case; otherwise, you are subject to Judge McMahons rules unless you present something different for her signature. 7. Special Rules for Section 1983 Cases: Counsel representing individual defendants in Section 1983 cases who are asserting the defense of qualified immunity should read Judge McMahons Individual Rule concerning qualified immunity motions, and should take or complete the plaintiffs deposition and make the motion required by Judge McMahons rules within sixty days of the date of this order, regardless of the state of discovery. Judge McMahon will not extend this deadline for any reason. Please read the rule carefully: Judge McMahon will not consider anything on a qualified immunity motion except the testimony of the plaintiff, which testimony must be taken prior to filing papers in support of the motion. Any defendant who does not make a motion as required by Judge McMahons rules waives his right to have the issue of qualified immunity decided on motion prior to trial. 8. Special Rules for Patent Cases: Judge McMahon has procedures for handling patent cases that differ from her procedure in other cases. If your case is a patent case, you will be called in for a status conference. If you are presently engaged in discovery pursuant to a Scheduling Order entered by Judge Casey, please continue with discovery until your conference can be held. 9. Special Rules for IDEA and ERISA Denial of Benefits Cases: Instead of entering to a scheduling order that provides for discovery, either counsel should agree on a schedule for making cross-motions for summary judgment on the administrative record and submit that schedule to the Court, or the court will impose such a briefing schedule at a status conference. 10. Special Rules for Cases Subject to the Private Securities Litigation Reform Act: Judge McMahon will conference your case and set a schedule in keeping with the statute. II. FOR CASES IN WHICH THERE IS A PRO SE PARTY:In general, Judge McMahons normal rules apply. Pro se parties, like all other parties, are required to become familiar with Judge McMahons Individual Rules and to follow them. This section sets out any variations from her usual rules for cases in which any party is pro se.1. Scheduling Order. If there is a scheduling order in place, please adhere to that scheduling order. The Magistrate Judge has authority in cases in which any party is pro se to extend the scheduling order for good cause shown. If there is no scheduling order in place, Judge McMahon will conference your case, set a scheduling order and issue an order of reference to the Magistrate Judge for discovery supervision. 2. Final Pre-Trial Orders: In cases involving pro se parties, the pro se party and parties represented by counsel file separate Pre-Trial Orders and related papers. All such papers are due forty-five days after the expiration of the discovery deadline. 3. Prisoner Cases: In cases involving incarcerated pro se parties, counsel for any represented party or parties shall arrange for a copy of all scheduling orders, orders of reference, pending motion papers and other papers needed to assemble an up-to-date chambers file to be forwarded to chambers. (Signed by Judge Colleen McMahon on 05/25/2007) (mj) (Entered: 06/01/2007) | |||
| 2007-06-08 | 16 | 0 | ENDORSED LETTER addressed to Judge Henry B. Pitman from Joseph A. D'Avanzo dated 6/6/2007 re: application for a 30-day extension of the discovery deadlines under the current schedule in this action. Endorsement: In light of Judge McMahon's 5/25/2007 order, the application should be made to her. (Signed by Judge Henry B. Pitman on 6/7/2007) (jar) (Entered: 06/11/2007) | |||
| 2007-06-12 | 17 | 0 | NOTICE OF APPEARANCE by Robert Joseph Tolchin on behalf of Dmitry Okraynets, Tatania Okraynets (Tolchin, Robert) (Entered: 06/12/2007) | |||
| 2007-06-14 | 18 | 0 | ENDORSED LETTER addressed to Judge Colleen McMahon from Joseph A. D'Avanzo dated 6/11/07 re: a request for the following extensions: Fact Discovery due by 7/16/2007. Motions due by 8/14/2007. Pretrial Order due by 9/28/2007. Responses due by 9/10/2007. Replies due by 9/17/2007. ENDORSEMENT: Modification granted. (Signed by Judge Colleen McMahon on 6/13/07) (kco) (Entered: 06/15/2007) | |||
| 2007-06-21 | 19 | 0 | ORDER TO SHOW CAUSE filed by Dmitry Okraynets, Tatania Okraynets. Jaime Fore and Forward Health & Safety Associates shall show cause as to why they should not be held in contempt of court for disregarding the subpoenas served on or about 5/21/2007. Show Cause Response due by 7/2/2007. (Signed by Judge Henry B. Pitman on 6/20/2007) Copies Mailed by Chambers.(jar) (Entered: 06/22/2007) | |||
| 2007-07-05 | 20 | 0 | ORDER TO SHOW CAUSE filed by Dmitry Okraynets, Tatania Okraynets. Jamie Fre and Forward Health & Safety Associates shall show cause as to why a warrant in the annexed form should not issue for your arrest and why you should not be found to be in contempt of court as a result of your failure to comply with the subpoenas served upon you in this matter on or about 5/21/07. Additional relief as set forth in this Order. (Signed by Judge Henry B. Pitman on 7/5/07) (pl) (Entered: 07/06/2007) | |||
| 2007-07-05 | 21 | 0 | STIPULATION AND ORDER OF CONSENT FOR ADMISSION PRO HAC VICE; that all parties consent to the admission, pro hac vice, of Mr. Slovak to the U.S.D.C. for the S.D.N.Y., so that he may appear on behalf of Doka USA, Ltd. (DOKA") in this matter. (Signed by Judge Henry B. Pitman on 7/3/07) (pl) (Entered: 07/06/2007) | |||
| 2007-07-09 | 22 | 0 | ENDORSED LETTER addressed to Judge Henry B. Pitman from Joseph A. B'Avanzo dated 7/6/07 re: Counsel for defendant requests a one day extension of the discovery deadline from July 16, 2007 to July 17, 2007. ENDORSEMENT: Application GRANTED. So Ordered. (Signed by Judge Henry B. Pitman on 7/5/07) (js) (Entered: 07/10/2007) | |||
| 2007-07-11 | 23 | 0 | FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF CHANGE OF ADDRESS by Robert Joseph Tolchin on behalf of all plaintiffs. New Address: Jaroslawicz & Jaros, LLC, 225 Broadway, 24th floor, New York, NY, USA 10007, 212-227-2780. (Tolchin, Robert) Modified on 8/30/2007 (GF). (Entered: 07/11/2007) | |||
| 2007-07-06 | 24 | 0 | ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Joseph A. D'Avanzo dated 7/6/07 re: Defendants request a one-day extension of the fact discovery deadline, that's scheduled for 7/16/07, to conduct on 7/17/07 Rule 30(b)(6) deposition of the New York District Council of Carpenters Benefit Funds and the United Brotherhood of Carpenters and Joiners of America purs. to subpoenas and deposition notices served by our clients. ENDORSEMENT: Application Granted.Fact Discovery due by 7/17/2007. (Signed by Judge Henry B. Pitman on 7/5/07) (ae) (Entered: 07/13/2007) | |||
| 2007-07-13 | 25 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Order to Show Cause served on William J. Fore a/k/a Jamie Fore on 7/5/07. Service was accepted by William J. Fore. Document filed by Dmitry Okraynets. (tro) (Entered: 07/16/2007) | |||
| 2007-08-14 | 26 | 0 | MOTION for Partial Summary Judgment as to liability issues under New York Labor Law section 240(1), and for pre-judgment interest from the date of the liability determination. Document filed by Dmitry Okraynets, Tatania Okraynets.(Tolchin, Robert) (Entered: 08/14/2007) | |||
| 2007-08-14 | 27 | 0 | DECLARATION of Jeffrey Koenig, Esq. in Support re: 26 MOTION for Partial Summary Judgment as to liability issues under New York Labor Law section 240(1), and for pre-judgment interest from the date of the liability determination. MOTION for Partial Summary Judgment as to liability issues under New York Labor Law section 240(1), and for pre-judgment interest from the date of the liability determination.. Document filed by Dmitry Okraynets, Tatania Okraynets. (Attachments: # 1 Exhibit A, Notice of Claim# 2 Exhibit B, Order to Show Cause, 8-29-06# 3 Exhibit C, Summons and complaint# 4 Exhibit D, Answer of the City of New York# 5 Exhibit E, Stipulation extending time to answer# 6 Exhibit F, Amended complaint# 7 Exhibit G, Answer to Amended Complaint# 8 Exhibit H, Relevant portions of contract between Schiavone/Granite and MTA# 9 Exhibit I, Relevant portions of Doka User Information Booklet# 10 Exhibit J, Disciplinary notice# 11 Exhibit K, Photograph depicting plaintiff properly using a safety harness and lanyard# 12 Exhibit L, Photograph depicting location of plaintiff's accident# 13 Exhibit M, Declaration of Plaintiff's Expert Peter Pomeranz, P.E.# 14 Exhibit N, Transcript of Plaintiff's testimony at General Municipal Law section 50-h hearing# 15 Exhibit O, Transcript of relevant portions of deposition testimony of Plaintiff Demitry Okraynets# 16 P, Transcript of relevant portions of deposition testimony of Plaintiff Tatiana Okraynets# 17 Exhibit Q, Transcript of relevant portions of deposition testimony of MTA witness Elvi Bassignani# 18 Exhibit R, Transcript of relevant portions of deposition testimony of Schiavone witness Dimeglio# 19 Exhibit S, Transcript of relevant portions of deposition testimony of Schiavone witness Fairclough# 20 Exhibit T, Transcript of relevant portions of deposition testimony of Schiavone witness Gunpot# 21 Exhibit U, Transcript of relevant portions of deposition testimony of Foreward Health witness Fore# 22 Exhibit V, Transcript of relevant portions of deposition testimony of Doka witness Lagace# 23 Exhibit W, Transcript of relevant portions of deposition testimony of Doka witness Burns# 24 Exhibit X, Transcript of relevant portions of deposition testimony of Doka witness Hempen# 25 Exhibit Y, Relevant sections of New York State Industrial Code (12 NYCRR)# 26 Exhibit Z, Plaintiffs' Notice to Admit# 27 Exhibit AA, Defendants' response to Plaintiffs' Notice to Admit)(Tolchin, Robert) (Entered: 08/14/2007) | |||
| 2007-08-14 | 28 | 0 | MEMORANDUM OF LAW in Support re: 26 MOTION for Partial Summary Judgment as to liability issues under New York Labor Law section 240(1), and for pre-judgment interest from the date of the liability determination. MOTION for Partial Summary Judgment as to liability issues under New York Labor Law section 240(1), and for pre-judgment interest from the date of the liability determination.. Document filed by Dmitry Okraynets, Tatania Okraynets. (Tolchin, Robert) (Entered: 08/14/2007) | |||
| 2007-08-14 | 29 | 0 | ELECTRONIC FILING - WRONG DOCUMENT TYPE SELECTED FROM MENU - NOTICE of Local Rule 56.1 Statement of Material Facts not in Dispute re: 26 MOTION for Partial Summary Judgment as to liability issues under New York Labor Law section 240(1), and for pre-judgment interest from the date of the liability determination. MOTION for Partial Summary Judgment as to liability issues under New York Labor Law section 240(1), and for pre-judgment interest from the date of the liability determination.. Document filed by Dmitry Okraynets, Tatania Okraynets. (Tolchin, Robert) Modified on 8/30/2007 (GF). (Entered: 08/14/2007) | |||
| 2007-09-10 | 30 | 0 | MEMORANDUM OF LAW in Opposition re: 26 MOTION for Partial Summary Judgment as to liability issues under New York Labor Law section 240(1), and for pre-judgment interest from the date of the liability determination. MOTION for Partial Summary Judgment as to liability issues under New York Labor Law section 240(1), and for pre-judgment interest from the date of the liability determination.. Document filed by New York City Transit Authority, Metropolitan Transportation Authority, MTA Capital Construction Company. (De Martino, Charles) (Entered: 09/10/2007) | |||
| 2007-09-10 | 31 | 0 | DECLARATION of Joseph A. D'Avanzo in Opposition re: 26 MOTION for Partial Summary Judgment as to liability issues under New York Labor Law section 240(1), and for pre-judgment interest from the date of the liability determination. MOTION for Partial Summary Judgment as to liability issues under New York Labor Law section 240(1), and for pre-judgment interest from the date of the liability determination.. Document filed by New York City Transit Authority, Metropolitan Transportation Authority, MTA Capital Construction Company. (Attachments: # 1 Exhibit Index# 2 Exhibit A - Selected Portions of Plaintiff's Deposition# 3 Exhibit B - Selected portion of Stephen DiMeglio Deposition# 4 Exhibit C - Selected Portions of Gunpot Deposition# 5 Exhibit D - Edelson Report# 6 Exhibit E - Selected Portions of Hempen Deposition# 7 Exhibit F - Selected Portions of Bassignani Deposition# 8 Exhibit G - Selected Portions of Legace Deposition# 9 Exhibit H - Defendants' Exhibit A at Legace Deposition# 10 Exhibit I - Selected Portions of Contract# 11 Exhibit J - Selected Portions of Fore Deposition)(De Martino, Charles) (Entered: 09/10/2007) | |||
| 2007-09-10 | 32 | 0 | COUNTER STATEMENT TO Document filed by New York City Transit Authority, Metropolitan Transportation Authority, MTA Capital Construction Company. (De Martino, Charles) (Entered: 09/10/2007) | |||
| 2007-09-11 | 33 | 0 | ENDORSED LETTER addressed to Judge Collen McMahon from David Jaroslawicz dated 6/1/07 re: plaintiffs ask the Court to enlarge their time to file the reply papers to their motion for partial summary judgment until 9/24/07. ENDORSEMENT: No Problem. (Signed by Judge Colleen McMahon on 9/11/07) (pl) (Entered: 09/11/2007) | |||
| 2007-09-21 | 34 | 0 | ENDORSED LETTER addressed to Judge Colleen McMahon from Robert J. Tolchin dated 9/18/07 re: one set of issues, involving the adequacy of the defendants' expert reports, was left unresolved since the Magistrate Judge was uncertain whether Your Honor would prefer that they be addressed in a discovery context or left for resolution at trail or in motion in limine. ENDORSEMENT: In limine motion. (Signed by Judge Colleen McMahon on 9/20/07) (Attachments: # 1 Exhibit)(kco) (Entered: 09/21/2007) | |||
| 2007-09-24 | 35 | 0 | REPLY AFFIDAVIT of Jeffrey Koenig in Support re: 26 MOTION for Partial Summary Judgment as to liability issues under New York Labor Law section 240(1), and for pre-judgment interest from the date of the liability determination. MOTION for Partial Summary Judgment as to liability issues under New York Labor Law section 240(1), and for pre-judgment interest from the date of the liability determination.. Document filed by Dmitry Okraynets, Tatania Okraynets. (Attachments: # 1 Exhibit BB# 2 Exhibit CC)(Tolchin, Robert) (Entered: 09/24/2007) | |||
| 2007-09-24 | 36 | 0 | REPLY MEMORANDUM OF LAW in Support re: 26 MOTION for Partial Summary Judgment as to liability issues under New York Labor Law section 240(1), and for pre-judgment interest from the date of the liability determination. MOTION for Partial Summary Judgment as to liability issues under New York Labor Law section 240(1), and for pre-judgment interest from the date of the liability determination.. Document filed by Dmitry Okraynets, Tatania Okraynets. (Tolchin, Robert) (Entered: 09/24/2007) | |||
| 2007-09-26 | 37 | 0 | ENDORSED LETTER addressed to Judge Colleen McMahon from Robert J. Tolchin dated 9/25/07 re: The parties jointly request an extension of the pre-trial order deadline to 10/12/07. ENDORSEMENT: OK. Pretrial Order due by 10/12/2007. (Signed by Judge Colleen McMahon on 9/26/07) (tro) (Entered: 09/26/2007) | |||
| 2007-09-26 | 38 | 0 | ENDORSED LETTER addressed to Judge Colleen McMahon from Robert Tolchun dated 9/25/07 re: The parties jointly request an adjournment of the pretrial order deadline to 10/12/07. ENDORSEMENT: OK. Pretrial Order due by 10/12/2007. (Signed by Judge Colleen McMahon on 9/26/07) (cd) (Entered: 09/26/2007) | |||
| 2007-10-23 | 39 | 0 | CALENDAR NOTICE: Please take notice that the above captioned action has been re-scheduled for a final pre-trial conference before the Honorable Colleen McMahon, United States District Judge, on Friday, February 22, 2008 at 2:00 p.m. in Courtroom 21B U.S. District Court, 500 Pearl Street, New York, New York 10007. Counsel should be prepared to proceed to trial before Judge Colleen McMahon on Monday, March 3, 2008 at 9:30 a.m. in courtroom 21B, U.S. District Court, 500 Pearl Street, New York, New York 10007. So Ordered (Signed by Judge Colleen McMahon on 10/23/07) (js) (Entered: 10/23/2007) | |||
| 2007-10-30 | 40 | 0 | FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION in Limine FOR AN ORDER EXCLUDING EVIDENCE OF PAST AND FUTURE BENEFIT LOSS. Document filed by New York City Transit Authority, Metropolitan Transportation Authority, MTA Capital Construction Company. (Attachments: # 1 Affidavit Declaration of Joseph A. D'Avanzo# 2 Exhibit A - Joint Pretrial Order# 3 Exhibit B - Plaintiffs' Jury Verdict Sheet# 4 Supplement Memorandum of Law)(De Martino, Charles) Modified on 10/31/2007 (KA). (Entered: 10/30/2007) | |||
| 2007-10-30 | 41 | 0 | FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION in Limine FOR AN ORDER BIFURCATING THE LIABILITY AND DAMAGES PORTIONS OF THE TRIAL. Document filed by New York City Transit Authority, Metropolitan Transportation Authority, MTA Capital Construction Company. (Attachments: # 1 Affidavit Declaration of Joseph A. D'Avanzo# 2 Exhibit A - Joint Pretrial Order# 3 Exhibit B - Plaintiffs' Jury Verdict Sheet# 4 Supplement Memorandum of Law)(De Martino, Charles) Modified on 10/31/2007 (KA). (Entered: 10/30/2007) | |||
| 2007-10-30 | 42 | 0 | FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION in Limine FOR AN ORDER EXCLUDING ALL EVIDENCE, TESTIMONY, OPINIONS OR REFERENCES BY COUNSEL OR ANY WITNESS AT TRIAL TO ANY EMOTIONAL OR PSYCHIATRIC CONDITION OR ALLEGED INJURY OF THE PLAINTIFF SPOUSE, TATYANA OKRAYNETS. Document filed by New York City Transit Authority, Metropolitan Transportation Authority, MTA Capital Construction Company. (Attachments: # 1 Affidavit Declaration of Joseph A. D'Avanzo# 2 Exhibit A - Amended Complaint# 3 Exhibit B - Joint Pretrial Order# 4 Exhibit C - Report of Dr. Krayn# 5 Supplement Memorandum of Law)(De Martino, Charles) Modified on 10/31/2007 (KA). (Entered: 10/30/2007) | |||
| 2007-10-30 | 43 | 0 | MOTION in Limine to strike, preclude or limit the testimony of the defendants' expert witnesses. Document filed by Dmitry Okraynets, Tatania Okraynets.(Tolchin, Robert) (Entered: 10/30/2007) | |||
| 2007-10-30 | 44 | 0 | DECLARATION of Robert J. Tolchin in Support re: 43 MOTION in Limine to strike, preclude or limit the testimony of the defendants' expert witnesses.. Document filed by Dmitry Okraynets, Tatania Okraynets. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Tolchin, Robert) (Entered: 10/30/2007) | |||
| 2007-10-30 | 45 | 0 | MEMORANDUM OF LAW in Support re: 43 MOTION in Limine to strike, preclude or limit the testimony of the defendants' expert witnesses.. Document filed by Dmitry Okraynets, Tatania Okraynets. (Tolchin, Robert) (Entered: 10/30/2007) | |||
| 2007-10-31 | 46 | 0 | MOTION in Limine FOR AN ORDER EXCLUDING EVIDENCE OF PAST AND FUTURE BENEFIT LOSS. Document filed by New York City Transit Authority, Metropolitan Transportation Authority, MTA Capital Construction Company.(De Martino, Charles) (Entered: 10/31/2007) | |||
| 2007-10-31 | 47 | 0 | DECLARATION of Joseph A. D'Avanzo in Support re: 46 MOTION in Limine FOR AN ORDER EXCLUDING EVIDENCE OF PAST AND FUTURE BENEFIT LOSS.. Document filed by New York City Transit Authority, Metropolitan Transportation Authority, MTA Capital Construction Company. (Attachments: # 1 Exhibit A# 2 Exhibit B)(De Martino, Charles) (Entered: 10/31/2007) | |||
| 2007-10-31 | 48 | 0 | MEMORANDUM OF LAW in Support re: 46 MOTION in Limine FOR AN ORDER EXCLUDING EVIDENCE OF PAST AND FUTURE BENEFIT LOSS.. Document filed by New York City Transit Authority, Metropolitan Transportation Authority, MTA Capital Construction Company. (De Martino, Charles) (Entered: 10/31/2007) | |||
| 2007-10-31 | 49 | 0 | MOTION in Limine FOR AN ORDER BIFURCATING THE LIABILITY AND DAMAGES PORTIONS OF THE TRIAL. Document filed by New York City Transit Authority, Metropolitan Transportation Authority, MTA Capital Construction Company.(De Martino, Charles) (Entered: 10/31/2007) | |||
| 2007-10-31 | 50 | 0 | DECLARATION of Joseph A. D'Avanzo in Support re: 49 MOTION in Limine FOR AN ORDER BIFURCATING THE LIABILITY AND DAMAGES PORTIONS OF THE TRIAL.. Document filed by New York City Transit Authority, Metropolitan Transportation Authority, MTA Capital Construction Company. (Attachments: # 1 Exhibit A# 2 Exhibit B)(De Martino, Charles) (Entered: 10/31/2007) | |||
| 2007-10-31 | 51 | 0 | MEMORANDUM OF LAW in Support re: 49 MOTION in Limine FOR AN ORDER BIFURCATING THE LIABILITY AND DAMAGES PORTIONS OF THE TRIAL.. Document filed by New York City Transit Authority, Metropolitan Transportation Authority, MTA Capital Construction Company. (De Martino, Charles) (Entered: 10/31/2007) | |||
| 2007-10-31 | 52 | 0 | MOTION in Limine FOR AN ORDER EXCLUDING ALL EVIDENCE, TESTIMONY, OPINIONS OR REFERENCES BY COUNSEL OR ANY WITNESS AT TRIAL TO ANY EMOTIONAL OR PSYCHIATRIC CONDITION OR ALLEGED INJURY OF THE PLAINTIFF SPOUSE, TATYANA OKRAYNETS. Document filed by New York City Transit Authority, Metropolitan Transportation Authority, MTA Capital Construction Company.(De Martino, Charles) (Entered: 10/31/2007) | |||
| 2007-10-31 | 53 | 0 | DECLARATION of Joseph A. D'Avanzo in Support re: 52 MOTION in Limine FOR AN ORDER EXCLUDING ALL EVIDENCE, TESTIMONY, OPINIONS OR REFERENCES BY COUNSEL OR ANY WITNESS AT TRIAL TO ANY EMOTIONAL OR PSYCHIATRIC CONDITION OR ALLEGED INJURY OF THE PLAINTIFF SPOUSE, TATYANA OKRAYNETS.. Document filed by New York City Transit Authority, Metropolitan Transportation Authority, MTA Capital Construction Company. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(De Martino, Charles) (Entered: 10/31/2007) | |||
| 2007-10-31 | 54 | 0 | MEMORANDUM OF LAW in Support re: 52 MOTION in Limine FOR AN ORDER EXCLUDING ALL EVIDENCE, TESTIMONY, OPINIONS OR REFERENCES BY COUNSEL OR ANY WITNESS AT TRIAL TO ANY EMOTIONAL OR PSYCHIATRIC CONDITION OR ALLEGED INJURY OF THE PLAINTIFF SPOUSE, TATYANA OKRAYNETS.. Document filed by New York City Transit Authority, Metropolitan Transportation Authority, MTA Capital Construction Company. (De Martino, Charles) (Entered: 10/31/2007) | |||
| 2007-11-02 | 55 | 0 | DECLARATION of Joseph A. D'Avanzo in Opposition re: 43 MOTION in Limine to strike, preclude or limit the testimony of the defendants' expert witnesses.. Document filed by New York City Transit Authority, Metropolitan Transportation Authority, MTA Capital Construction Company. (De Martino, Charles) (Entered: 11/02/2007) | |||
| 2007-11-02 | 56 | 0 | MEMORANDUM OF LAW in Opposition re: 43 MOTION in Limine to strike, preclude or limit the testimony of the defendants' expert witnesses.. Document filed by New York City Transit Authority, Metropolitan Transportation Authority, MTA Capital Construction Company. (De Martino, Charles) (Entered: 11/02/2007) | |||
| 2007-11-02 | 57 | 0 | ENDORSED LETTER addressed to Judge Colleen McMahon from Robert J. Tolchin dated 11/1/07 re: a request for an enlargement of time to file opposition papers. ENDORSEMENT: Granted. (Signed by Judge Colleen McMahon on 11/2/07) (kco) (Entered: 11/02/2007) | |||
| 2007-11-14 | 58 | 0 | MEMORANDUM OF LAW in Opposition re: 52 MOTION in Limine FOR AN ORDER EXCLUDING ALL EVIDENCE, TESTIMONY, OPINIONS OR REFERENCES BY COUNSEL OR ANY WITNESS AT TRIAL TO ANY EMOTIONAL OR PSYCHIATRIC CONDITION OR ALLEGED INJURY OF THE PLAINTIFF SPOUSE, TATYANA OKRAYNETS., 49 MOTION in Limine FOR AN ORDER BIFURCATING THE LIABILITY AND DAMAGES PORTIONS OF THE TRIAL., 46 MOTION in Limine FOR AN ORDER EXCLUDING EVIDENCE OF PAST AND FUTURE BENEFIT LOSS.. Document filed by Dmitry Okraynets, Tatania Okraynets. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Tolchin, Robert) (Entered: 11/14/2007) | |||
| 2008-01-15 | 59 | 0 | DECISION AND ORDER: Since there are genuine, material issues of fact regarding plaintiffs' claim under New York Labor Law 240(1), plaintiffs' motion for partial summary judgment as to liability is denied and the case will go to trial. So Ordered. (Signed by Judge Colleen McMahon on 1/14/08) Copies By Fax and ECF to all Counsel.(js) Modified on 1/29/2008 (js). (Entered: 01/15/2008) | |||
| 2008-02-08 | 60 | 0 | CALENDAR NOTICE: Please take notice that the above captioned matter has been re-scheduled, (time change) for: Final pre-trial conference before the Honorable Colleen McMahon, United States District Judge, on Friday, February 22, 2008 at 9:30 a.m. in Courtroom 21B, U. S. District Court, 500 Pearl Street, New York, New York 10007. Any scheduling difficulties must be brought to the attention of the Court in writing and faxed to Chambers at (212) 805-6326. (Signed by Judge Colleen McMahon on 2/8/2008) (mde). (Entered: 02/08/2008) | |||
| 2008-02-21 | 61 | 0 | CALENDAR NOTICE: Final Pretrial Conference set for 2/28/2008 at 10:00 AM before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 2/21/08) (tro) (Entered: 02/21/2008) | |||
| 2008-03-10 | 62 | 0 | PROPOSED JURY INSTRUCTIONS. Document filed by Dmitry Okraynets.(Sacks, Bradley) (Entered: 03/10/2008) | |||
| 2008-03-18 | 63 | 0 | TRANSCRIPT of proceedings held on 2/28/2008 before Judge Colleen McMahon. (ama) (Entered: 03/18/2008) | |||
| 2008-03-25 | 64 | 0 | MOTION for New Trial., MOTION to Set Aside., MOTION for Hearing. Document filed by New York City Transit Authority, Metropolitan Transportation Authority, MTA Capital Construction Company.(De Martino, Charles) (Entered: 03/25/2008) | |||
| 2008-03-25 | 65 | 0 | DECLARATION of Joseph A. D'Avanzo in Support re: 64 MOTION for New Trial. MOTION to Set Aside. MOTION for Hearing.. Document filed by New York City Transit Authority, Metropolitan Transportation Authority, MTA Capital Construction Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(De Martino, Charles) (Entered: 03/25/2008) | |||
| 2008-03-25 | 66 | 0 | MEMORANDUM OF LAW in Support re: 64 MOTION for New Trial. MOTION to Set Aside. MOTION for Hearing.. Document filed by New York City Transit Authority, Metropolitan Transportation Authority, MTA Capital Construction Company. (De Martino, Charles) (Entered: 03/25/2008) | |||
| 2008-04-07 | 67 | 0 | TRANSCRIPT of proceedings held on 3/03/2008 before Judge Colleen McMahon. (ama) (Entered: 04/07/2008) | |||
| 2008-04-07 | 68 | 0 | TRANSCRIPT of proceedings held on 3/11/2008 before Judge Colleen McMahon. (ama) (Entered: 04/07/2008) | |||
| 2008-04-07 | 69 | 0 | TRANSCRIPT of proceedings held on March 3,4,5,6,10, 2008 before Judge Colleen McMahon. (ama) (Entered: 04/07/2008) | |||
| 2008-04-08 | 70 | 0 | MEMORANDUM OF LAW in Opposition re: 64 MOTION for New Trial. MOTION to Set Aside. MOTION for Hearing.. Document filed by Dmitry Okraynets. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Sacks, Bradley) (Entered: 04/08/2008) | |||
| 2008-04-14 | 71 | 0 | REPLY MEMORANDUM OF LAW in Support re: 64 MOTION for New Trial. MOTION to Set Aside. MOTION for Hearing.. Document filed by New York City Transit Authority, Metropolitan Transportation Authority, MTA Capital Construction Company. (De Martino, Charles) (Entered: 04/14/2008) | |||
| 2008-05-21 | 72 | 0 | DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS POST-TRIAL MOTION PURSUANT TO FEDERAL RULES 59 AND 50(B) re: 64 MOTION for New Trial. MOTION to Set Aside. MOTION for Hearing... For the foregoing reasons, the decision and order of the Court is as follows:Defendants motion for a new trial on all damages based on the admission of testimony concerning Tatiana Okraynets psychological therapy needs, the summation comments by plaintiffs counsel, and the timing of the disclosures of Dr. Fried and Dr. Brosgol is DENIED;Defendants motion to set aside the jurys pain and suffering and loss of consortium awards as deviating materially from reasonable compensation, and to order a new trial on those issues, is GRANTED subject to plaintiffs acceptance, in writing within thirty (30) days, of the remittitur amounts stated in this decision;Defendants motion to set aside and vacate the jurys award for past and future fringe benefits as not proven with reasonable certainty as a matter of law is DENIED as to past fringe benefits and GRANTED IN PART as to future fringe benefits, for which a new trial will be held unless plaintiffs agree within thirty (30) days to the remittitur amount stated in this decision;Defendants motion to set aside the jurys award for past and future lost wages and all future medical and other personal and household expenses as not proven with reasonable certainty and as deviating materially from reasonable compensation, and to order a new trial on those issues, is DENIED;Defendants request for a hearing for purposes of calculating collateral sources set-offs and other judgment structuring issues is GRANTED unless the parties can agree on those issues within thirty (30) days of this decision. The Courts remittitur of the pain and suffering and loss of consortium awards does not affect the collateral source issues with regard to social security disability benefits, workers compensation benefits, and medical coverage.Within thirty (30) days of this decision, plaintiffs may file with the Clerk of the Court a written acceptance of the remittiturs of the aggregate pain and suffering award, the aggregate loss of services and society award, and/or the loss of future fringe benefits award. The total award, if plaintiffs agree to these remittiturs, will be reduced from $44,706,444 to $30,471,710. If plaintiffs do not agree to the reductions of these awards as stated in this decision, I will schedule a new trial solely on those damages issues for which remittitur was not accepted.So ordered: (Signed by Judge Colleen McMahon on 5/21/2008). (mde) (Entered: 05/21/2008) | |||
| 2008-06-04 | 73 | 0 | FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - FIRST MOTION for New Trial (Stipulation Consenting to Remittitur). Document filed by Dmitry Okraynets.(Sacks, Bradley) Modified on 6/4/2008 (KA). (Entered: 06/04/2008) | |||
| 2008-06-04 | 74 | 0 | FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - FIRST MOTION for New Trial (Stipulation Consenting to Remittitur). Document filed by Tatania Okraynets.(Sacks, Bradley) Modified on 6/4/2008 (KA). (Entered: 06/04/2008) | |||
| 2008-06-04 | 75 | 0 | NOTICE OF CHANGE OF ADDRESS by Bradley A. Sacks on behalf of Dmitry Okraynets. New Address: Bradley A. Sacks, 225 Broadway - Suite 2410, New York, N.Y., USA 10007, 2123496171. (Sacks, Bradley) (Entered: 06/04/2008) | |||
| 2008-06-10 | 76 | 0 | ENDORSED LETTER addressed to Judge Collen McMahon from Bradley A. Sacks dated 6/3/2008 re: Counsel writes to the remittitur directed in the decision and order of Judge Collen McMahon dated on May 21, 2008. ENDORSEMENT: OK. (Signed by Judge Colleen McMahon on 6/9/2008) (jfe) (Entered: 06/10/2008) | |||
| 2008-07-02 | 77 | 0 | ENDORSED LETTER addressed to Judge Colleen McMahon from Bradley A. Sacks dated 7/1/08 re: plaintiff writes this letter to serve as a further update to the status of this matter. Is is respectfully submitted that these methodological issues are matters of law to be decided by your Honor. ENDORSEMENT: It is going to the Magistrate - I am up to my eyeballs in other stuff. (Signed by Judge Colleen McMahon on 7/2/08) (pl) (Entered: 07/02/2008) | |||
| 2008-07-03 | 78 | 0 | ENDORSED LETTER addressed to Judge Colleen McMahon from Bradley A. Sacks dated 6/23/2008 re: Counsel respectfully request that the Court schedule a conference and that an expedited briefing schedule and hearing be set for the "collateral source" issue. ENDORSEMENT: Refer to the Magistrate Judge for collateral source hearing at R&R. (Signed by Judge Colleen McMahon on 6/30/2008) (jfe) Modified on 7/11/2008 (jfe). (Entered: 07/03/2008) | |||
| 2008-07-07 | 79 | 0 | ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific non-Dispostive Motion/Dispute: Referred for collateral source hearing. Referred to Magistrate Judge Henry B. Pitman. (Signed by Judge Colleen McMahon on 7/3/08) (mme) (Entered: 07/07/2008) | |||
| 2008-07-08 | 80 | 0 | ENDORSED LETTER addressed to Judge Collen McMahon from Joseph A. D'Avanzo dated 7/2/2008 re: Counsel request that Your Honor refer these issues to Magistrate Judge Henry Pitman in accordance with Your Honor's decision and order dated May 21, 2008. ENDORSEMENT: Stop writing me letters-This matter is now before the Magistrate. (Signed by Judge Colleen McMahon on 7/8/2008) (jfe) (Entered: 07/08/2008) | |||
| 2008-07-11 | 81 | 0 | SCHEDULING ORDER: Plaintiffs shall serve and file their submissions concerning the effect of plaintiffs Social Security Disability benefits no later than July 14, 2008. Defendant shall serve and file their submissions concerning the same subject no later than July 28, 2008. Plaintiffs shall serve and file their reply submissions concerning the same subject no later than July 31, 2008. (Signed by Magistrate Judge Henry B. Pitman on 7/11/08) Copies Mailed By Chambers.(mme) (Entered: 07/11/2008) | |||
| 2008-07-14 | 82 | 0 | POST TRIAL MEMORANDUM. Document filed by Dmitry Okraynets. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Sacks, Bradley) (Entered: 07/14/2008) | |||
| 2008-07-28 | 83 | 0 | POST TRIAL MEMORANDUM. Document filed by New York City Transit Authority, Metropolitan Transportation Authority, MTA Capital Construction Company. (Attachments: # 1 Affidavit Affidavit of Fred Goldman, Ph.D., # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(De Martino, Charles) (Entered: 07/28/2008) | |||
| 2008-07-31 | 84 | 0 | POST TRIAL MEMORANDUM. Document filed by Dmitry Okraynets. (Attachments: # 1 Exhibit "C", # 2 Exhibit "D")(Sacks, Bradley) (Entered: 07/31/2008) | |||
| 2008-08-01 | 85 | 0 | RESPONSE to Motion re: 64 MOTION for New Trial. MOTION to Set Aside. MOTION for Hearing. Reply on Collateral Source Issues and Entry of Structured Judgment. Document filed by Metropolitan Transportation Authority. (D'Avanzo, Joseph) (Entered: 08/01/2008) | |||
| 2008-08-04 | 86 | 0 | CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by New York City Transit Authority, Dmitry Okraynets, Tatania Okraynets, The City of New York, Metropolitan Transportation Authority, MTA New York City Transit, MTA Capital Construction Company CASE ASSIGNED to Magistrate Judge Henry B. Pitman. (Signed by Judge Colleen McMahon on 8/4/08) (cd) (Entered: 08/04/2008) | |||
| 2008-08-21 | 87 | 0 | SETTLEMENT AGREEMENT AS TO COLLATERAL SOURCE SETOFF ISSUE. Document filed by New York City Transit Authority, Metropolitan Transportation Authority, MTA Capital Construction Company.(De Martino, Charles) (Entered: 08/21/2008) | |||
| 2008-09-22 | 88 | 0 | JUDGMENT #08,1688 in favor of Dmitry Okraynets,and Tatania Okraynets against MTA Capital Construction Company, MTA New York City Transit, Metropolitan Transportation Authority, and New York City Transit Authority in the amount of $ 28,732,056.32. (Signed by Judge Colleen McMahon on 9/22/08) (Attachments: # 1 notice of right to appeal)(ml) (Entered: 09/22/2008) | |||
| 2008-09-25 | 89 | 0 | BILL OF COSTS Objections to Plaintiffs' Bill of Costs Document filed by New York City Transit Authority, Metropolitan Transportation Authority, MTA Capital Construction Company. (Attachments: # 1 Exhibit A)(De Martino, Charles) (Entered: 09/25/2008) | |||
| 2008-09-25 | 90 | 0 | BILL OF COSTS to be submitted for taxation on 9/26/08 Document filed by Dmitry Okraynets. (Attachments: # 1 Exhibit Checks and invoices, # 2 Affidavit affidavit of service)(Sacks, Bradley) (Entered: 09/25/2008) | |||
| 2008-09-25 | 91 | 0 | BILL OF COSTS Reply to defendant's objection to Bill of Costs Document filed by Dmitry Okraynets.(Sacks, Bradley) (Entered: 09/25/2008) | |||
| 2008-09-26 | 92 | 0 | NOTICE OF APPEAL from 88 Judgment,. Document filed by New York City Transit Authority, The City of New York, Metropolitan Transportation Authority, MTA New York City Transit, MTA Capital Construction Company. Filing fee $ 455.00, receipt number E 664216. (nd) (Entered: 09/29/2008) | |||
| 2008-10-06 | 93 | 0 | Supersedeas BOND # 91-66-49 in the amount of $ 29,970,000.00 posted by New York City Transit Authority, MTA New York City Transit, The City of New York, Metropolitan Transportation Authority, MTA Capital Construction Company. (jf) (Entered: 10/06/2008) | |||
| 2008-10-10 | 94 | 0 | ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Motion for Bill of Costs. Referred to Henry B. Pitman. (Signed by Judge Colleen McMahon on 10/10/08) (mme) (Entered: 10/10/2008) | |||
| 2009-04-01 | 95 | 0 | ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from David Jaroslawicz dated 3/31/09 re: Counsel for Plaintiff write to advise the Court that the above matter has been resolved and accordingly the Court need not schedule a hearing as to costs. ENDORSEMENT: IN LIGHT OF THIS LETTER, I AM NOT TAKING ANY ACTION CONCERNING THE PARTIES' DISPUTE REGARDING THE BILL OF COSTS. (Signed by Magistrate Judge Henry B. Pitman on 3/31/09) (tro) (Entered: 04/01/2009) | |||
| 2009-04-16 | 96 | 0 | MANDATE of USCA WITHDRAWING APPEAL (Certified Copy) as to 92 Notice of Appeal, filed by The City of New York, Metropolitan Transportation Authority, MTA Capital Construction Company, MTA New York City Transit, New York City Transit Authority USCA Case Number 08-4760-cv(L)....that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA. Certified: 4/15/2009. (nd) (Entered: 04/16/2009) | |||
| 2009-07-24 | 97 | 0 | FILING ERROR - DOCUMENT FILED IN CLOSED CASE - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, prejudice prejudice against the defendant(s) all parties and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Metropolitan Transportation Authority.(Simone, Christopher) Modified on 7/27/2009 (dt). (Entered: 07/24/2009) | |||
| 2009-07-27 | 98 | 0 | STIPULATION OF DISCONTINUANCE: All claims in the above entitled actions shall be, and the same hereby are, discontinued, with prejudice and without costs to either party as against the other. (Signed by Judge Colleen McMahon on 7/27/09) (tro) (Entered: 07/27/2009) | |||
| 2009-07-24 | 99 | 0 | SATISFACTION OF JUDGMENT re: 88 Judgment, entered In favor of Tatania Okraynets Against MTA Capital Construction Company, In favor of Dmitry Okraynets Against MTA New York City Transit, In favor of Tatania Okraynets Against MTA New York City Transit, In favor of Dmitry Okraynets Against MTA Capital Construction Company, In favor of Dmitry Okraynets Against Metropolitan Transportation Authority, In favor of Tatania Okraynets Against The City of New York, In favor of Tatania Okraynets Against Metropolitan Transportation Authority, In favor of Dmitry Okraynets Against New York City Transit Authority, In favor of Tatania Okraynets Against New York City Transit Authority, In favor of Dmitry Okraynets Against The City of New York in the amount of $28,732,056.32. Judgment satisfied on 7/22/09.. Document filed by Dmitry Okraynets, Tatania Okraynets.(dle) (Entered: 07/31/2009) | 2013-05-02 03:08:07 | 3db7d5f04aec3c41ef86aa8087dae2b3b7f6fec6 |