Case details

Court: nysd
Docket #: 1:07-cv-01423
Case Name: Yun v. Orchestria Corporation et al
PACER case #: 301507
Date filed: 2007-02-27
Date terminated: 2009-03-31
Assigned to: Judge Deborah A. Batts
Case Cause: 28:1331 Federal Question: Other Civil Rights
Nature of Suit: 442 Civil Rights: Jobs
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Jung Yun
Plaintiff
John Virdone
Wisselman, Harouian & Associates, P.C 1010 Northern Blvd. Ste 300 Great Neck, NY 11021 (516)-773-8300 Fax: (516)-773-8304 Email: jvirdone@seidnervirdonellp.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Orchestria Corporation
Defendant
Richard Lane Steer
Tarter Krinsky & Drogin LLP 470 Park Avenue South, 14th Floor New York, NY 10016 (212)481-8585 Fax: (212)481-9062 Email: rsteer@tarterkrinsky.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Bo Manning
Defendant
Richard Lane Steer
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Dill
Defendant
Richard Lane Steer
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Bill Butler
Defendant
Richard Lane Steer
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nick Wetton
Defendant
Richard Lane Steer
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Paul Johns
Defendant
Richard Lane Steer
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2007-02-27 1 0 COMPLAINT against Orchestria Corporation, Bo Manning, David Dill, Bill Butler, Nick Wetton, Paul Johns. (Filing Fee $ 350.00, Receipt Number 607342)Document filed by Jung Yun.(mbe) (Entered: 02/28/2007) 2010-09-08 10:36:24 c946e7940d2b8a5f7e9186e168e1559a9ca19aeb
2007-05-24 2 0 AMENDED COMPLAINT amending 1 Complaint against Orchestria Corporation, Bo Manning, David Dill, Bill Butler, Nick Wetton, Paul Johns.Document filed by Jung Yun. Related document: 1 Complaint filed by Jung Yun.(jco) (Entered: 05/30/2007) 2010-09-08 10:48:10 07f600568a12941f2c4f3f91100c22f32eb3fcd0
2007-06-04 3 0 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Orchestria Corporation, Bo Manning, David Dill, Bill Butler, Nick Wetton, Paul Johns.(Steer, Richard) (Entered: 06/04/2007)
2007-06-21 4 0 CERTIFICATE OF SERVICE of Summons and Complaint, Amended Complaint. Orchestria Corporation served on 5/30/2007, answer due 6/19/2007; Bo Manning served on 5/30/2007, answer due 6/19/2007; David Dill served on 5/30/2007, answer due 6/19/2007; Bill Butler served on 5/30/2007, answer due 6/19/2007; Nick Wetton served on 5/30/2007, answer due 6/19/2007; Paul Johns served on 5/30/2007, answer due 6/19/2007. Service was accepted by Matthew Staler, Executive Assistant. Document filed by Jung Yun. (Virdone, John) (Entered: 06/21/2007)
2007-06-28 5 0 ORDER that the court is in receipt of correspondence from the parties dated 6/14/07 and 6/18/07. There is no need for a pre-motion conference. Within 20 days of the date of this order, the dfts shall move against or answer the complaint. If the dft moves against the complaint, the plaintiff shall respond within 20 days of service of the motion. Dfts shall have 10 days to reply, at which time the motion shall be fully submitted. (Signed by Judge Deborah A. Batts on 6/28/07) (dle) (Entered: 06/29/2007)
2007-07-17 6 0 MOTION to Dismiss or Alternatively to Stay. Document filed by Orchestria Corporation, Bo Manning, David Dill, Bill Butler, Nick Wetton, Paul Johns.(Steer, Richard) (Entered: 07/17/2007)
2007-07-17 7 0 AFFIDAVIT of David Dill in Support re: 6 MOTION to Dismiss or Alternatively to Stay.. Document filed by Orchestria Corporation, Bo Manning, David Dill, Bill Butler, Nick Wetton, Paul Johns. (Steer, Richard) (Entered: 07/17/2007)
2007-07-17 8 0 MEMORANDUM OF LAW in Support re: 6 MOTION to Dismiss or Alternatively to Stay.. Document filed by Orchestria Corporation, Bo Manning, David Dill, Bill Butler, Nick Wetton, Paul Johns. (Steer, Richard) (Entered: 07/17/2007)
2007-07-18 9 0 AFFIDAVIT of David Dill in Support re: 6 MOTION to Dismiss or Alternatively to Stay.. Document filed by Orchestria Corporation, Bo Manning, David Dill, Bill Butler, Nick Wetton, Paul Johns. (Steer, Richard) (Entered: 07/18/2007)
2007-08-07 10 0 STIPULATION AND ORDER: plaintiff shall serve her opposition papers to defendants' motion to dismiss on or before 8/17/07, and defendants shall serve reply papers, if any, on or before 9/10/07. The motion shall be fully submitted on 9/10/07. Either party may present this stipulation to the Court to be "So Ordered". For this stipulation ONLY, signatures by facsimile same be deemed as the original. Motions due by 9/10/2007. (Signed by Judge Deborah A. Batts on 8/7/07) (db) (Entered: 08/08/2007)
2007-08-17 11 0 CROSS MOTION For a Jury Trial. Document filed by Jung Yun.Return Date set for 9/10/2007 at 10:00 AM. (Attachments: # 1 Certification of Jung Yun# 2 Memorandum of Law in Opposition to Motion to Dismiss and in Support of Cross-Motion)(Virdone, John) (Entered: 08/17/2007)
2007-08-20 12 0 MEMORANDUM OF LAW in Opposition re: 6 MOTION to Dismiss or Alternatively to Stay., 11 CROSS MOTION For a Jury Trial.. Document filed by Jung Yun. (Virdone, John) (Entered: 08/20/2007)
2007-09-10 13 0 REPLY MEMORANDUM OF LAW in Support re: 6 MOTION to Dismiss or Alternatively to Stay., 11 CROSS MOTION For a Jury Trial. and opposition to Plaintiff's Cross-Motion. Document filed by Orchestria Corporation, Bo Manning, David Dill, Bill Butler, Nick Wetton, Paul Johns. (Steer, Richard) (Entered: 09/10/2007)
2007-09-10 14 0 REPLY AFFIDAVIT of David Dill in Support re: 6 MOTION to Dismiss or Alternatively to Stay., 11 CROSS MOTION For a Jury Trial.. Document filed by Orchestria Corporation, Bo Manning, David Dill, Bill Butler, Nick Wetton, Paul Johns. (Attachments: # 1 Exhibit Exhibit "A" to Affidavit of David Dill)(Steer, Richard) (Entered: 09/10/2007)
2007-09-21 15 0 ENDORSED LETTER addressed to Judge Deborah A. Batts from John Virdone dated 9/14/2007 re: Therefore, at this time plaintiff is seeking his consent, however, I have been told that he and his assistant will be out of the office this week. Therefore, this request should be deemed opposed by counsel. ENDORSEMENT: Plaintiffs' Reply to Defendants' opposition to the cross-motion shall be submitted with 10 days of the date of this order. (Signed by Judge Deborah A. Batts on 9/21/2007) (jmi) (Entered: 09/24/2007)
2007-10-01 16 0 REPLY AFFIRMATION of John Virdone, Esq. in Opposition re: 6 MOTION to Dismiss or Alternatively to Stay., 11 CROSS MOTION For a Jury Trial.. Document filed by Jung Yun. (Virdone, John) (Entered: 10/01/2007)
2007-10-01 17 0 REPLY MEMORANDUM OF LAW in Support re: 11 CROSS MOTION For a Jury Trial.. Document filed by Jung Yun. (Virdone, John) (Entered: 10/01/2007)
2009-03-31 18 0 ORDER granting 6 Motion to Dismiss. For the foregoing reason, Defendants' Motion to Dismiss the action is GRANTED. The Clerk of Court is directed to CLOSE the docket in this matter. SO ORDERED.(Signed by Judge Deborah A. Batts on 3/31/2009) (jmi) (Entered: 04/01/2009) 2010-09-08 10:44:05 8d8235ce0bf9491a81ecb9261cd96e6b8ad1ed78
2009-03-31 19 0 CLERK'S JUDGMENT That for the reasons stated in the Court's Order dated March 31, 2009, defendants' motion to dismiss the action is granted; accordingly, the case is closed. (Signed by J. Michael McMahon, clerk on 3/31/09) (Attachments: # 1 notice of right to appeal)(ml) (Entered: 04/01/2009) 2012-07-03 13:39:55 c8e93182ea1c3c92d539541e09c7952f90a8d3f0
19 2 notice of right to appeal
2009-04-30 20 0 NOTICE OF APPEAL from 18 Order on Motion to Dismiss, 19 Clerk's Judgment,. Document filed by Jung Yun. Filing fee $ 455.00, receipt number E 686841. (nd) (Entered: 05/04/2009)
2009-07-09 21 0 TRUE COPY ORDER of USCA as to 20 Notice of Appeal filed by Jung Yun USCA Case Number 09-1914-cv. The undersigned counsel for the parties hereby stipulates that the appeal is hereby withdrawn without costs and without attorney's fees and without prejudice, subject to reactivation of the appeal by Appellant's counsel by written to the Clerk of the Court by September 14,2009. If not thus timely reactivated, the appeal shall be subject to dismissal. withdrawal of the appeal from active consideration shall not operate as a dismissal of the appeal under F. R.A.P. 42(b). Catherine O'Hagan Wolfe, Clerk USCA. Certified: 7/8/2009. (nd) (Entered: 07/09/2009)
2009-09-16 22 0 TRUE COPY ORDER of USCA as to 20 Notice of Appeal filed by Jung Yun USCA Case Number 09-1914-cv. The undersigned counsel for the parties hereby stipulates that the appeal is hereby withdrawn without costs and without attorney's fees and without prejudice, subject to reactivation of the appeal by Appellant's counsel by written to the Clerk of the Court by October 5, 2009. If not thus timely reactivated, the appeal shall be subject to dismissal. withdrawal of the appeal from active consideration shall not operate as a dismissal of the appeal under F. R.A.P. 42(b). Catherine O'Hagan Wolfe, Clerk USCA. Certified: 9/15/2009. (nd) (Entered: 09/16/2009)
2009-10-15 23 0 TRUE COPY ORDER of USCA as to 20 Notice of Appeal filed by Jung Yun USCA Case Number 09-1914-cv. Stipulation withdrawing appeal from active consideration, without prejudice, with leave to reactivate. It not thus timely reactivated, the appeal shall be subject to dismissal. Withdrawal of the appeal from active consideration shall not operate as a dismissal of the appeal under F.R.A.P. 42(b). Catherine O'Hagan Wolfe, Clerk USCA. Certified: 10/14/2009. (nd) (Entered: 10/15/2009)
2009-10-28 24 0 TRUE COPY ORDER of USCA as to 20 Notice of Appeal filed by Jung Yun USCA Case Number 09-1914-cv. The undersigned counsel for the parties hereby stipulates that the appeal is hereby withdrawn without costs and without attorney's fees and without prejudice, subject to reactivation of the appeal by Appellant's counsel by written to the Clerk of the Court by November 9, 2009. If not thus timely reactivated, the appeal shall be subject to dismissal. withdrawal of the appeal from active consideration shall not operate as a dismissal of the appeal under F. R.A.P. 42(b). Catherine O'Hagan Wolfe, Clerk USCA. Certified: 10/27/2009. (nd) (Entered: 11/02/2009)
2009-11-12 25 0 TRUE COPY ORDER of USCA as to 20 Notice of Appeal filed by Jung Yun USCA Case Number 09-1914-cv. The undersigned counsel for the parties hereby stipulates that the appeal is hereby withdrawn from active consideration without prejudice, subject to reactivation of the appeal by Appellant's counsel by written to the Clerk of the Court by November 16, 2009. If not thus timely reactivated, the appeal shall be subject to dismissal. withdrawal of the appeal from active consideration shall not operate as a dismissal of the appeal under F. R.A.P. 42(b). Catherine O'Hagan Wolfe, Clerk USCA. Certified: 11/10/2009. (nd) (Entered: 11/12/2009)
2009-11-18 26 0 TRUE COPY ORDER of USCA as to 20 Notice of Appeal filed by Jung Yun USCA Case Number 09-1914-cv. The undersigned counsel for the parties hereby stipulates that the appeal is hereby withdrawn from active consideration from the court, subject to reactivation of the appeal by Appellant's counsel by written to the Clerk of the Court by November 23, 2009. If not thus timely reactivated, the appeal shall be subject to dismissal. withdrawal of the appeal from active consideration shall not operate as a dismissal of the appeal under F. R.A.P. 42(b). Catherine O'Hagan Wolfe, Clerk USCA. Certified: 11/17/2009. (nd) (Entered: 11/18/2009)
2009-11-25 27 0 TRUE COPY ORDER of USCA as to 20 Notice of Appeal filed by Jung Yun USCA Case Number 09-1914-cv. The undersigned counsel for the parties hereby stipulates that the appeal is hereby withdrawn from active consideration from the court with subject to reactivation of the appeal by Appellant's counsel by written to the Clerk of the Court by December 29, 2009. If not thus timely reactivated, the appeal shall be subject to dismissal. withdrawal of the appeal from active consideration shall not operate as a dismissal of the appeal under F. R.A.P. 42(b). Catherine O'Hagan Wolfe, Clerk USCA. Certified: 11/24/2009. (nd) (Entered: 11/25/2009)
2009-12-09 28 0 TRUE COPY ORDER of USCA as to 20 Notice of Appeal filed by Jung Yun USCA Case Number 09-1914-cv. The undersigned counsel for the parties hereby stipulates that the appeal is hereby withdrawn from active consideration from the court, subject to reactivation of the appeal by Appellant's counsel by written to the Clerk of the Court by December 11, 2009. If not thus timely reactivated, the appeal shall be subject to dismissal. withdrawal of the appeal from active consideration shall not operate as a dismissal of the appeal under F. R.A.P. 42(b). Catherine O'Hagan Wolfe, Clerk USCA. Certified: 12/8/2009. (nd) (Entered: 12/09/2009)
2010-01-04 29 0 MANDATE of USCA WITHDRAWING APPEAL (Certified Copy) as to 20 Notice of Appeal filed by Jung Yun USCA Case Number 09-1914-cv....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: 12/31/2009. (nd) (Entered: 01/04/2010)