| Court: | nysd |
| Docket #: | 1:09-cv-00586 |
| Case Name: | Roussin v. AARP et al |
| PACER case #: | 339109 |
| Date filed: | 2009-01-21 |
| Date terminated: | 2009-09-30 |
| Assigned to: | Judge Victor Marrero |
| Case Cause: | 28:1391 Personal Injury |
| Nature of Suit: | 890 Other Statutory Actions |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Lucille A. Roussin Plaintiff on behalf of herself and all others similarly situated |
Harriet Tamen Judith Lynne Spanier Orin Robert Kurtz |
| AARP Defendant |
Michael D. Hays Leslie Hugh Wiesenfelder |
| AARP Insurance Plan Defendant |
Michael D. Hays Leslie Hugh Wiesenfelder |
| Robert G. Romasco Defendant |
Michael D. Hays Leslie Hugh Wiesenfelder |
| Charles E. Reed Defendant |
Michael D. Hays Leslie Hugh Wiesenfelder |
| Joanne Handy Defendant |
Michael D. Hays Leslie Hugh Wiesenfelder |
| A. James "Jim Forbes, JR. Defendant |
Michael D. Hays Leslie Hugh Wiesenfelder |
| Cora L. Christian Defendant |
Michael D. Hays Leslie Hugh Wiesenfelder |
| Richard Johnson Defendant |
Michael D. Hays Leslie Hugh Wiesenfelder |
| T. Byron Thames Defendant |
Michael D. Hays Leslie Hugh Wiesenfelder |
| William Hall Defendant |
Michael D. Hays Leslie Hugh Wiesenfelder |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2009-01-21 | 1 | 0 | COMPLAINT against Cora L. Christian, Richard Johnson, T. Byron Thames, William Hall, AARP, AARP Insurance Plan, Robert G. Romasco, Charles E. Reed, Joanne Handy, A. James "Jim Forbes, JR. (Filing Fee $ 350.00, Receipt Number 675322)Document filed by Lucille A. Roussin.(rdz) (Entered: 01/23/2009) | |||
| 2009-02-19 | 2 | 0 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by AARP.(Wiesenfelder, Leslie) (Entered: 02/19/2009) | |||
| 2009-02-20 | 3 | 0 | STIPULATION AND ORDER: It is hereby stipulated and agreed by and between the parties that the time for defendants to answer, move, or otherwise respond to the complaint is extended to March 17, 2009. (Signed by Judge Victor Marrero on 2/19/2009) (jpo) (Entered: 02/20/2009) | |||
| 2009-03-17 | 4 | 0 | MOTION to Dismiss. Document filed by Cora L. Christian, Richard Johnson, T. Byron Thames, William Hall, AARP, AARP Insurance Plan, Robert G. Romasco, Charles E. Reed, Joanne Handy, A. James "Jim Forbes, JR.(Wiesenfelder, Leslie) (Entered: 03/17/2009) | |||
| 2009-03-17 | 5 | 0 | MEMORANDUM OF LAW in Support re: 4 MOTION to Dismiss.. Document filed by Cora L. Christian, Richard Johnson, T. Byron Thames, William Hall, AARP, AARP Insurance Plan, Robert G. Romasco, Charles E. Reed, Joanne Handy, A. James "Jim Forbes, JR. (Wiesenfelder, Leslie) (Entered: 03/17/2009) | |||
| 2009-03-17 | 6 | 0 | DECLARATION of Daniel D. Prichard in Support re: 4 MOTION to Dismiss.. Document filed by Cora L. Christian, Richard Johnson, T. Byron Thames, William Hall, AARP, AARP Insurance Plan, Robert G. Romasco, Charles E. Reed, Joanne Handy, A. James "Jim Forbes, JR. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit)(Wiesenfelder, Leslie) (Entered: 03/17/2009) | |||
| 2009-03-24 | 7 | 0 | ORDER ADMITTING ATTORNEY PRO HAC VICE: It is hereby ordered that Michael D. Hays is admitted to practice pro hac vice in this action. (Signed by Judge Victor Marrero on 3/23/2009) (jpo) (Entered: 03/24/2009) | |||
| 2009-03-24 | 8 | 0 | MOTION for Michael D. Hays to Appear Pro Hac Vice. Document filed by Cora L. Christian, Richard Johnson, T. Byron Thames, William Hall, AARP, AARP Insurance Plan, Robert G. Romasco, Charles E. Reed, Joanne Handy, A. James "Jim Forbes, JR.(dle) (Entered: 03/25/2009) | |||
| 2009-03-25 | 9 | 0 | NOTICE OF APPEARANCE by Orin Robert Kurtz on behalf of Lucille A. Roussin (Attachments: # 1 Affidavit Certificate of Service)(Kurtz, Orin) (Entered: 03/25/2009) | |||
| 2009-03-30 | 10 | 0 | STIPULATION: It is hereby stipulated and agreed by and between the parties that the time for plaintiff Lucille A. Roussin to file and serve her opposition to the motion to dismiss is extended to April 17, 2009 and the time for defendants to file a reply is extended May 12, 2009. (Signed by Judge Victor Marrero on 3/27/2009) (jpo) (Entered: 03/30/2009) | |||
| 2009-04-03 | 11 | 0 | AFFIDAVIT OF SERVICE of Summons and Complaint,. AARP served on 2/2/2009, answer due 3/17/2009. Service was accepted by Charlene Wilson, Authorized Representative/Legal Dept.. Document filed by Lucille A. Roussin. (Kurtz, Orin) (Entered: 04/03/2009) | |||
| 2009-04-03 | 12 | 0 | AFFIDAVIT OF SERVICE of Summons and Complaint,. AARP Insurance Plan served on 2/2/2009, answer due 3/17/2009. Service was accepted by Charlene Wilson, Authorized Representative/Legal Dept.. Document filed by Lucille A. Roussin. (Kurtz, Orin) (Entered: 04/03/2009) | |||
| 2009-04-03 | 13 | 0 | AFFIDAVIT OF SERVICE of Summons and Complaint,. Robert G. Romasco served on 2/24/2009, answer due 3/17/2009. Service was accepted by Posted the Premises. Service was made by also by Mail. Document filed by Lucille A. Roussin. (Kurtz, Orin) (Entered: 04/03/2009) | |||
| 2009-04-03 | 14 | 0 | AFFIDAVIT OF SERVICE of Summons and Complaint,. Charles E. Reed served on 2/3/2009, answer due 3/17/2009. Service was accepted by Charles E. Reed, Defendant. Document filed by Lucille A. Roussin. (Kurtz, Orin) (Entered: 04/03/2009) | |||
| 2009-04-03 | 15 | 0 | AFFIDAVIT OF SERVICE of Summons and Complaint,. Joanne Handy served on 2/2/2009, answer due 3/17/2009. Service was accepted by David Handy, Husband. Service was made by also by Mail on 2/12/2009. Document filed by Lucille A. Roussin. (Kurtz, Orin) (Entered: 04/03/2009) | |||
| 2009-04-03 | 16 | 0 | AFFIDAVIT OF SERVICE of Summons and Complaint,. A. James "Jim Forbes, JR served on 2/11/2009, answer due 3/17/2009. Service was accepted by Left Papers on Door and saw them removed by Jane Doe (refused to give name). Service was made by also by Mail on 02/13/2009. Document filed by Lucille A. Roussin. (Kurtz, Orin) (Entered: 04/03/2009) | |||
| 2009-04-03 | 17 | 0 | AFFIDAVIT OF SERVICE of Summons and Complaint,. Cora L. Christian served on 3/5/2009, answer due 3/25/2009. Service was accepted by Cora L. Christian. Document filed by Lucille A. Roussin. (Kurtz, Orin) (Entered: 04/03/2009) | |||
| 2009-04-03 | 18 | 0 | AFFIDAVIT OF SERVICE of Summons and Complaint,. T. Byron Thames served on 2/6/2009, answer due 3/17/2009. Service was accepted by Judith Thames, Wife & Co-Resident. Service was made by also by Mail on 2/6/2009. Document filed by Lucille A. Roussin. (Kurtz, Orin) (Entered: 04/03/2009) | |||
| 2009-04-03 | 19 | 0 | AFFIDAVIT OF SERVICE of Summons and Complaint,. William Hall served on 1/29/2009, answer due 3/17/2009. Service was accepted by William Hall but accepted by Julie Hutchison, Co-Worker. Service was made by also by Mail on 2/5/2009. Document filed by Lucille A. Roussin. (Kurtz, Orin) (Entered: 04/03/2009) | |||
| 2009-04-17 | 20 | 0 | MEMORANDUM OF LAW in Opposition re: 4 MOTION to Dismiss.. Document filed by Lucille A. Roussin. (Attachments: # 1 Certificate of Service)(Kurtz, Orin) (Entered: 04/17/2009) | |||
| 2009-04-17 | 21 | 0 | DECLARATION of Orin Kurtz in Opposition re: 4 MOTION to Dismiss.. Document filed by Lucille A. Roussin. (Kurtz, Orin) (Entered: 04/17/2009) | |||
| 2009-05-12 | 22 | 0 | REPLY MEMORANDUM OF LAW in Support re: 4 MOTION to Dismiss.. Document filed by Cora L. Christian, Richard Johnson, T. Byron Thames, William Hall, AARP, AARP Insurance Plan, Robert G. Romasco, Charles E. Reed, Joanne Handy, A. James "Jim Forbes, JR. (Wiesenfelder, Leslie) (Entered: 05/12/2009) | |||
| 2009-05-12 | 23 | 0 | DECLARATION of Daniel D. Prichard in Support re: 4 MOTION to Dismiss.. Document filed by Cora L. Christian, Richard Johnson, T. Byron Thames, William Hall, AARP, AARP Insurance Plan, Robert G. Romasco, Charles E. Reed, Joanne Handy, A. James "Jim Forbes, JR. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Wiesenfelder, Leslie) (Entered: 05/12/2009) | |||
| 2009-05-27 | 24 | 0 | ENDORSED LETTER addressed to Judge Victor Marrero from Orin Kurtz dated 5/19/2009 re: Counsel for plaintiff writes to request leave to file the attached Sur-Reply in Opposition to Defendants' Motion to Dismiss. ENDORSEMENT: Request DENIED. In the event the Court finds new facts or legal arguments in defendants' reply that were not previously raised, it will disregard them on its own review. No further briefing should be necessary. SO ORDERED. (Signed by Judge Victor Marrero on 5/26/2009) (tve) (Entered: 05/27/2009) | |||
| 2009-09-29 | 25 | 0 | ORDER: The motion (Docket No. 11) of defendants AARP, AARP Insurance Plan, Robert G. Romasco, Charles E. Reed, Joanne Handy, A. James "Jim" Forbes", Jr., Cora L. Christian, Richard Johnson, T. "Byron" Thames, and William Hall to dismiss the complaint is GRANTED. Upon request, the Court will grant an extension of time for leave to appeal. The Clerk of the Court is directed to withdraw any pending motions and to close this case. (Signed by Judge Victor Marrero on 9/29/09) (tro) (Entered: 09/29/2009) | |||
| 2009-09-30 | 26 | 0 | CLERK'S JUDGMENT That for the reasons stated in the Court's Order dated September 29, 2009, defendants' motion to dismiss the complaint is granted; accordingly, any pending motions are withdrawn and the case is closed. (Signed by J. Michael McMahon, clerk on 9/30/09) (Attachments: # 1 notice of right to appeal)(ml) Modified on 10/2/2009 (ml). (Entered: 09/30/2009) | |||
| 2009-10-08 | 27 | 0 | MOTION for Extension of Time to File Notice of Appeal and Extension of Time to File Motion for Reconsideration. Document filed by Lucille A. Roussin.(Kurtz, Orin) (Entered: 10/08/2009) | |||
| 2009-10-08 | 28 | 0 | MEMORANDUM OF LAW in Support re: 27 MOTION for Extension of Time to File Notice of Appeal and Extension of Time to File Motion for Reconsideration.. Document filed by Lucille A. Roussin. (Kurtz, Orin) (Entered: 10/08/2009) | |||
| 2009-10-09 | 29 | 0 | ORDER: It is hereby ordered that plaintiff's time to file a notice of appeal from the Order and judgment is extended by thirty days from October 29, 2009, or ten days from the date upon which plaintiff's motion for an extension is granted, whichever is later, in accordance with FRAP 4(a)(5)(c). It is further ordered that plaintiff's time to file a motion for reconsideration is extended until 10 days, as calculated under FRCP 6(a), from the date on which the Court's subsequent decision and order is filed. So Ordered. (Signed by Judge Victor Marrero on 10/9/09) (js) (Entered: 10/09/2009) | |||
| 2009-10-15 | 31 | 0 | DECISION AND AMENDED ORDER: that the Order dated September 29 2009 is amended to incorporate the discussion and decision set forth above; and it is further ORDERED that the motion (Docket No.4) of defendants AARP Inc., AARP Insurance Plan, Robert G. Romasco, Charles E.Reed, Joanne Handy, A. James "Jim" Forbes, Jr., Cora L.Christian, Richard Johnson, T. "Byron" Thames I and William Hall to dismiss the complaint is GRANTED, and the class action complaint is dismissed with prejudice.The Clerk of the Court is directed to withdraw any pending motions and to close this case. SO ORDERED. (Signed by Judge Victor Marrero on 10/14/2009) (tve) Modified on 11/16/2009 (ae). (Entered: 10/15/2009) | |||
| 2009-11-24 | 32 | 0 | NOTICE OF APPEAL from 25 Order on Motion to Dismiss,, 31 Order,, 26 Clerk's Judgment,. Document filed by Lucille A. Roussin. Filing fee $ 455.00, receipt number E 707095. (nd) (Entered: 11/25/2009) |