Case details

Court: nysd
Docket #: 1:09-cv-05141
Case Name: Edrisse v. Marriott International, Inc. et al
PACER case #: 346752
Date filed: 2009-06-02
Assigned to: Judge Lewis A. Kaplan
Case Cause: 42:1981 Civil Rights
Nature of Suit: 442 Civil Rights: Jobs
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Nagy Edrisse
Plaintiff
Mark H. Bierman
Beranbaum Menken Ben- Asher & Bierman LLP 80 Pine Street- 32nd Floor New York, NY 10005 (212) 509 1616 Email: mbierman@bmbblaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Marriott International, Inc.
Defendant
Michael J. Volpe
Venable LLP (NYC) 1270 Ave of the Americas New York, NY 10020 (212)307-5500 x808-5676 Fax: (212)307-5598 Email: mvolpe@venable.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Frank Berry
Defendant
Individually and as Employers
Arthur J. Robb
Clifton Budd & DeMaria, LLP 420 Lexington Avenue New York, NY 10170 212 687-7410 Fax: 212 687-3285 Email: ajrobb@cbdm.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

George Palladino
Defendant
Individually and as Employers
Michael J. Volpe
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael Stengel
Defendant
Individually and as Employers
Michael J. Volpe
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Traina
Defendant
Individually and as Employers
Michael J. Volpe
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Steven Bata
Defendant
Individually and as Employers
Michael J. Volpe
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert Miller
Defendant
Individually and as Employers
Michael J. Volpe
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Janet Mielcarek
Defendant
Individually and as Employers
Michael J. Volpe
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2009-06-02 1 0 COMPLAINT against Janet Mielcarek, Marriott International, Inc., Frank Berry, George Palladino, Michael Stengel, David Traina, Steven Bata, Robert Miller. (Filing Fee $ 350.00, Receipt Number 689859)Document filed by Nagy Edrisse.(rdz) (Entered: 06/03/2009) 2010-11-19 11:34:55 01ac7adec7d1b0196ef0dd5d76e8a65d31eab78a
2009-06-11 2 0 AFFIDAVIT OF SERVICE of Summons and Complaint. Marriott International, Inc. served on 6/5/2009, answer due 6/25/2009. Service was accepted by Steve Pastore. Document filed by Nagy Edrisse., SUMMONS RETURNED EXECUTED. Marriott International, Inc. served on 6/5/2009, answer due 6/25/2009. Service was accepted by Steve Pastore. Document filed by Nagy Edrisse. (Bierman, Mark) (Entered: 06/11/2009)
2009-06-17 3 0 AFFIDAVIT OF SERVICE of Summons and Complaint. Steven Bata served on 6/11/2009, answer due 7/1/2009. Service was accepted by Patricia Harris, Co-worker. Document filed by Nagy Edrisse., SUMMONS RETURNED EXECUTED. Steven Bata served on 6/11/2009, answer due 7/1/2009. Service was accepted by Patricia Harris, Co-worker. Document filed by Nagy Edrisse. (Bierman, Mark) (Entered: 06/17/2009)
2009-06-18 4 0 AFFIDAVIT OF SERVICE of Summons and Complaint. Frank Berry served on 6/15/2009, answer due 7/6/2009. Service was accepted by Jim Chan, Co-Tenant. Document filed by Nagy Edrisse., SUMMONS RETURNED EXECUTED. Frank Berry served on 6/15/2009, answer due 7/6/2009. Service was accepted by Jim Chan, Co-Tenant. Document filed by Nagy Edrisse. (Bierman, Mark) (Entered: 06/18/2009)
2009-06-19 5 0 AFFIDAVIT OF SERVICE of Summons and Complaint. David Traina served on 6/15/2009, answer due 7/6/2009. Service was accepted by Mrs. Traina, Wife. Document filed by Nagy Edrisse., SUMMONS RETURNED EXECUTED. David Traina served on 6/15/2009, answer due 7/6/2009. Service was accepted by Mrs. Traina, Wife. Document filed by Nagy Edrisse. (Bierman, Mark) (Entered: 06/19/2009)
2009-06-26 6 0 AFFIDAVIT OF SERVICE of Summons and Complaint. Robert Miller served on 6/19/2009, answer due 7/9/2009. Service was accepted by Rory Black, Co-Worker. Document filed by Nagy Edrisse., SUMMONS RETURNED EXECUTED. Robert Miller served on 6/19/2009, answer due 7/9/2009. Service was accepted by Rory Black, Co-Worker. Document filed by Nagy Edrisse. (Bierman, Mark) (Entered: 06/26/2009)
2009-07-02 7 0 ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE:... Initial Conference set for 7/30/2009 at 10:00 AM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan. (Signed by Judge Lewis A. Kaplan on 7/2/2009) (tve) (Entered: 07/02/2009)
2009-07-08 8 0 AFFIDAVIT OF SERVICE of Summons and Complaint. Janet Mielcarek served on 6/9/2009, answer due 6/29/2009. Service was accepted by Reina Blackwell, Managing Paralegal. Document filed by Nagy Edrisse., SUMMONS RETURNED EXECUTED. Janet Mielcarek served on 6/9/2009, answer due 6/29/2009. Service was accepted by Reina Blackwell, Managing Paralegal. Document filed by Nagy Edrisse. (Bierman, Mark) (Entered: 07/08/2009)
2009-07-08 9 0 AFFIDAVIT OF SERVICE. Michael Stengel served on 6/10/2009, answer due 6/30/2009. Service was accepted by Sue Birnie, Co-Worker. Document filed by Nagy Edrisse., SUMMONS RETURNED EXECUTED. Michael Stengel served on 6/10/2009, answer due 6/30/2009. Service was accepted by Sue Birnie, Co-Worker. Document filed by Nagy Edrisse. (Bierman, Mark) (Entered: 07/08/2009)
2009-07-21 10 0 STIPULATION AND ORDER, by and between counsel for Plaintiff and Defendants that Defendants Marriott International, Inc., George Palladino, Michael Stengel, David Traina, Steve Bata, Robert Miller, and Janet Mielcarek (collectively "Defendants") shall have through and including July 30, 2009 to answer or move in response to the Complaint. On behalf of the aforementioned Defendants, counsel shall accept service and waive statute of limitations defenses accruing as a result of any extension with respect to the allegations in the Complaint. Janet Mielcarek answer due 7/30/2009; Marriott International, Inc. answer due 7/30/2009; George Palladino answer due 7/30/2009; Michael Stengel answer due 7/30/2009; David Traina answer due 7/30/2009; Steven Bata answer due 7/30/2009; Robert Miller answer due 7/30/2009. (Signed by Judge Lewis A. Kaplan on 7/21/2009) (jmi) (Entered: 07/22/2009)
2009-07-28 11 0 CONSENT SCHEDULING ORDER: Amended Pleadings due by 12/1/2009. Joinder of Parties due by 12/1/2009. Deposition due by 12/31/2009. Discovery due by 12/31/2009. (Signed by Judge Lewis A. Kaplan on 7/27/2009) (jmi) (Entered: 07/28/2009)
2009-07-29 12 0 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Janet Mielcarek, Marriott International, Inc., George Palladino, Michael Stengel, David Traina, Steven Bata, Robert Miller.(Volpe, Michael) (Entered: 07/29/2009)
2009-07-29 13 0 ANSWER to Complaint. Document filed by Janet Mielcarek, Marriott International, Inc., George Palladino, Michael Stengel, David Traina, Steven Bata, Robert Miller.(Volpe, Michael) (Entered: 07/29/2009)
2009-11-13 14 0 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - JOINT MOTION for Extension of Time to File Answer and Extension of Discovery Deadlines. Document filed by Frank Berry.(Robb, Arthur) Modified on 11/16/2009 (db). (Entered: 11/13/2009)
2009-11-16 15 0 NOTICE of Substitution of Attorney. Old Attorney: Beranbaum Menken Ben-Asher & Bierman LLP, New Attorney: Bierman & Palitz LLP, Address: Bierman & Palitz LLP, 74 Trinity Place, Suite 1550, New York, New York, U.S.A. 10006, 212-232-2055. Document filed by Nagy Edrisse. (Bierman, Mark) (Entered: 11/16/2009)
2009-11-18 16 0 STIPULATION; that (1) defendant Frank Berry's time to answer the Complaint is extended, nunc pro tunc, to two days from the date of this Stipulation; (2) defendant Frank Berry consents to the personal jurisdiction of the court and waives all claims relating to service of the complaint; (3) initial disclosure of Frank Berry to be served within ten day of answering and (4) each of the deadlines as contained in the first scheduling order are extended as follows: Last date for amendments to pleadings: 12/31/09; Last date for amendments to pleadings: 12/31/09; Rule 26(a)(2) disclosures with respect to: (a) Expert witnesses on or before December 15, 2009; (b) Rebuttal expert witnesses on or before January 14, 2010; All discovery including any depositions of experts shall be completed on or before January 30, 2010; Joint pre-trial order on or before February 2, 2010. (Signed by Judge Lewis A. Kaplan on 11/18/09) (pl) (Entered: 11/18/2009)
2009-11-19 17 0 ANSWER to Complaint. Document filed by Frank Berry.(Robb, Arthur) (Entered: 11/19/2009) 2010-11-19 11:39:06 d43f8f14bcbda79d082163227cf5e65384c064bf
2010-01-19 18 0 ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Michael J. Volpe dated 1/11/2010 re: This law firm represents the corporate defendants and all individual defendants, except for Frank Berry, in the above-referenced matter. We write with consent of counsel to plaintiff and counsel to Mr. Berry to request that the Court provide the parties an additional thirty (30) day extension of all deadlines in this matter. This would allow discovery, including expert discovery, through February 28, 2010. ENDORSEMENT: Granted. No Further extension. SO ORDERED. ( Discovery due by 2/28/2010.) (Signed by Judge Lewis A. Kaplan on 1/19/2010) (jmi) (Entered: 01/20/2010)
2010-02-09 19 0 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Extension of Time to Complete Discovery. Document filed by Nagy Edrisse. (Bierman, Mark) Modified on 2/11/2010 (db). (Entered: 02/09/2010)
2010-02-22 20 0 STIPULATION: Rule 26(a) disclosures with respect to: All discovery including any depositions of experts shall be completed on or before 3/30/2010; Joint pre-trial order on or before 4/5/2010. (Signed by Judge Lewis A. Kaplan on 2/22/2010) (tro) (Entered: 02/22/2010)
2010-03-21 21 0 NOTICE OF APPEARANCE by Michael J. Volpe on behalf of Janet Mielcarek, Marriott International, Inc., George Palladino, Michael Stengel, David Traina, Steven Bata, Robert Miller (Volpe, Michael) (Entered: 03/21/2010)
2010-03-24 22 0 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Discovery. Document filed by Nagy Edrisse. (Attachments: # 1 Exhibit Exhibit 1to Motion, # 2 Exhibit Exhibit 2 to Motion, # 3 Exhibit Exhibit 3 to Motion, # 4 Exhibit Exhibit 4 to Motion-Part 1, # 5 Exhibit Exhibit 4 to motion-Part 2, # 6 Exhibit Exhibit 5 to Motion)(Bierman, Mark) Modified on 3/25/2010 (jar). (Entered: 03/24/2010)
2010-03-25 23 0 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Disclosure. Document filed by Nagy Edrisse. (Attachments: # 1 Affidavit Declaration of Mark H. Bierman, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4 Part 1, # 6 Exhibit Exhibit 4-Part 1, # 7 Exhibit Exhibit 5)(Bierman, Mark) Modified on 3/26/2010 (db). (Entered: 03/25/2010)
2010-03-30 24 0 MOTION to Compel. Document filed by Nagy Edrisse.(Bierman, Mark) (Entered: 03/30/2010)
2010-03-30 25 0 DECLARATION of Mark H. Bierman in Support re: 24 MOTION to Compel.. Document filed by Nagy Edrisse. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4-pt 1, # 5 Exhibit Exhibit 4-pt 2, # 6 Exhibit Exhibit 5)(Bierman, Mark) (Entered: 03/30/2010)
2010-04-01 26 0 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT (LETTER) - RESPONSE in Opposition re: 24 MOTION to Compel.. Document filed by Janet Mielcarek, Marriott International, Inc., George Palladino, Michael Stengel, David Traina, Steven Bata, Robert Miller. (Volpe, Michael) Modified on 4/2/2010 (jar). (Entered: 04/01/2010)
2010-04-02 27 0 RESPONSE in Opposition re: 24 MOTION to Compel.. Document filed by Janet Mielcarek, Marriott International, Inc., George Palladino, Michael Stengel, David Traina, Steven Bata, Robert Miller. (Volpe, Michael) (Entered: 04/02/2010)
2010-04-05 28 0 MOTION for Summary Judgment as to all claims against Frank Berry. Document filed by Frank Berry. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C-E, # 4 Exhibit F-H, # 5 Exhibit I-L, # 6 Exhibit M, # 7 Exhibit N-R)(Robb, Arthur) (Entered: 04/05/2010)
2010-04-05 29 0 MEMORANDUM OF LAW in Support re: 28 MOTION for Summary Judgment as to all claims against Frank Berry.. Document filed by Frank Berry. (Robb, Arthur) (Entered: 04/05/2010)
2010-04-05 30 0 RULE 56.1 STATEMENT. Document filed by Frank Berry. (Robb, Arthur) (Entered: 04/05/2010)
2010-04-05 31 0 ORDER, that Plaintiff's motion [DI 24] is granted to the extent that defendants' shall produce the documents requested in the Bierman declaration no later than April 19, 2010 and denied in all other respects. The joint pretrial order and any motion for summary judgment shall be filed no later than April 15, 201O. (Signed by Judge Lewis A. Kaplan on 4/5/10) (pl) (Entered: 04/05/2010) 2010-11-29 20:59:52 7a573c2cc63bd7dfb6a70d8d7cd1f51126c51e81
2010-04-15 32 0 FIRST MOTION for Summary Judgment. Document filed by Janet Mielcarek, Marriott International, Inc., George Palladino, Michael Stengel, David Traina, Steven Bata, Robert Miller. (Attachments: # 1 Exhibit Exhibits A-B, # 2 Exhibit Exhibit C, # 3 Exhibit Exhibit D, # 4 Exhibit Exhibit E, Part 1, # 5 Exhibit Exhibit E, Part 2, # 6 Exhibit Exhibits F-U, # 7 Exhibit Exhibit V, Part 1, # 8 Exhibit Exhibit V, Part 2, # 9 Errata Exhibit V, Part 3, # 10 Exhibit Exhibit W, Part 1, # 11 Exhibit Exhibit W, Part 2, # 12 Exhibit Exhibit X, Part 1, # 13 Exhibit Exhibit X, Part 2, # 14 Errata Exhibit X, Part 3, # 15 Exhibit Exhibit X, Part 4, # 16 Exhibit Exhibit Y, Part 1, # 17 Exhibit Exhibit Y, Part 2, # 18 Exhibit Exhibits Z-AA, # 19 Exhibit Exhibit BB, Part 1, # 20 Exhibit Exhibit BB, Part 2, # 21 Exhibit Exhibit CC, # 22 Exhibit Exhibit DD, Part 1, # 23 Exhibit Exhibit DD, Part 2, # 24 Exhibit Exhibit DD, Part 3, # 25 Exhibit Exhibits EE-FF)(Volpe, Michael) (Entered: 04/15/2010) 2010-11-30 02:38:22 64810590e76972c352d5240a32ed3a35a9133492
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2010-04-15 33 0 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MEMORANDUM OF LAW in Support re: 32 FIRST MOTION for Summary Judgment. as to all claims against Marriott Defendants. Document filed by Janet Mielcarek, Nagy Edrisse, Marriott International, Inc., George Palladino, Michael Stengel, David Traina, Steven Bata, Robert Miller. (Attachments: # 1 56.1 Statement of Undisputed Facts)(Volpe, Michael) Modified on 4/16/2010 (jar). (Entered: 04/15/2010)
2010-04-15 34 0 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT (Joint Pretrial Order) - FIRST PRELIMINARY PRETRIAL STATEMENT JOINT PRETRIAL ORDER. Document filed by Janet Mielcarek, Marriott International, Inc., George Palladino, Michael Stengel, David Traina, Steven Bata, Robert Miller.(Volpe, Michael) Modified on 4/16/2010 (jar). (Entered: 04/15/2010)
2010-04-15 35 0 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - PROPOSED JURY INSTRUCTIONS(REQUEST TO CHARGE). Document filed by Nagy Edrisse.(Bierman, Mark) Modified on 4/16/2010 (KA). (Entered: 04/15/2010)
2010-04-15 36 0 REQUEST FOR VOIR DIRE. Document filed by Nagy Edrisse.(Bierman, Mark) (Entered: 04/15/2010)
2010-04-16 37 0 REQUEST TO CHARGE. Document filed by Nagy Edrisse.(Bierman, Mark) (Entered: 04/16/2010)
2010-04-16 38 0 FILING ERROR - DEFICIENT DOCKET ENTRY(EXHIBITS) - REDACTION to 32 FIRST MOTION for Summary Judgment. Redacted Exhibits F-U by Janet Mielcarek, Marriott International, Inc., George Palladino, Michael Stengel, David Traina, Steven Bata, Robert Miller(Volpe, Michael) Modified on 4/19/2010 (KA). (Entered: 04/16/2010)
2010-04-16 39 0 FILING ERROR - DEFICIENT DOCKET ENTRY(EXHIBITS) - REDACTION to 32 FIRST MOTION for Summary Judgment. Redacted Exh. V, Part 1 by Janet Mielcarek, Marriott International, Inc., George Palladino, Michael Stengel, David Traina, Steven Bata, Robert Miller(Volpe, Michael) Modified on 4/19/2010 (KA). (Entered: 04/16/2010)
2010-04-16 40 0 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU(RULE 56.1 STATEMENT) - REDACTION to 33 Memorandum of Law in Support of Motion, (Corrected/Redacted 56.1) by Janet Mielcarek, Marriott International, Inc., George Palladino, Michael Stengel, David Traina, Steven Bata, Robert Miller(Volpe, Michael) Modified on 4/19/2010 (KA). (Entered: 04/16/2010)
2010-04-20 41 0 STIPULATION: Plaintiffs time to respond to Defendant Frank Berry's Rule 56 Motion is hereby extended to and including April 29, 2010. Set Deadlines as to 28 MOTION for Summary Judgment as to all claims against Frank Berry: (Responses due by 4/29/2010) (Signed by Judge Lewis A. Kaplan on 4/20/10) (db) (Entered: 04/20/2010)
2010-04-21 42 0 RULE 56.1 STATEMENT. Document filed by Janet Mielcarek, Marriott International, Inc., George Palladino, Michael Stengel, David Traina, Steven Bata, Robert Miller. (Volpe, Michael) (Entered: 04/21/2010)
2010-04-30 43 0 FIRST MEMORANDUM OF LAW in Support re: 32 FIRST MOTION for Summary Judgment. as to all claims against the Marriott Defendants (originally filed 4/15/10). Document filed by Janet Mielcarek, Marriott International, Inc., George Palladino, Michael Stengel, David Traina, Steven Bata, Robert Miller. (Volpe, Michael) (Entered: 04/30/2010)
2010-04-30 44 0 DECLARATION of Megan H. Mann in Support re: 32 FIRST MOTION for Summary Judgment.. Document filed by Janet Mielcarek, Marriott International, Inc., George Palladino, Michael Stengel, David Traina, Steven Bata, Robert Miller. (Attachments: # 1 Exhibit Redacted Exhibits F-U, # 2 Exhibit Redacted Exhibit V)(Volpe, Michael) (Entered: 04/30/2010)
2010-05-03 45 0 ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Mark H. Bierman dated 4/28/2010 re: Plaintiff requests that Court set or extend the plaintiff's time to respond to the pending Rule 56 motions so that plaintiff's responsive papers will be due May 6, 2010. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 5/3/2010) (tve) (Entered: 05/03/2010)
2010-05-10 46 0 DECLARATION of Mark H. Bierman in Opposition re: 32 FIRST MOTION for Summary Judgment., 28 MOTION for Summary Judgment as to all claims against Frank Berry.. Document filed by Nagy Edrisse. (Attachments: # 1 Affidavit Exhibit 1 Pt. A, # 2 Affidavit Exhibit 1 Part B, # 3 Affidavit Exhibit 2 Pt. A, # 4 Affidavit Exhibit 2 Pt. B, # 5 Affidavit Exhibit 2 Part C, # 6 Affidavit Exhibit 2 Pt. C, # 7 Affidavit Exhibit 3 Pt. A, # 8 Affidavit Exhibit 3 Pt. B, # 9 Affidavit Exhibit 3 Pt. D, # 10 Affidavit Exhibit 3 Pt. D, # 11 Affidavit Exhibit 4 Pt. A, # 12 Affidavit Exhibit 4 Pt.B, # 13 Affidavit Exhibit 4 Pt. C, # 14 Affidavit Exhibit 4 Pt. D, # 15 Affidavit Exhibit 4 Pt. E, # 16 Affidavit Exhibit 5 Part A, # 17 Affidavit Exhibit 5 Pt. B, # 18 Affidavit Exhibit 6 Pt. A, # 19 Affidavit Exhibit 6 Pt. B, # 20 Affidavit Exhibit 6 Pt C, # 21 Affidavit Exhibit 6 Pt. D, # 22 Affidavit Exhibit 7, # 23 Affidavit Exhibit 8 Pt. A, # 24 Affidavit Exhibit 8 Pt. B, # 25 Affidavit Exhibit 9 Pt. A, # 26 Affidavit Exhibit 9 Pt. B, # 27 Affidavit Exhibit 10 Pt. A, # 28 Affidavit Exhibit 10 Pt. B, # 29 Affidavit Exhibit 10 Pt. C, # 30 Affidavit Exhibit 10 Pt. D, # 31 Affidavit Exhibit 10 Pt. E, # 32 Affidavit Exhibit 10 Pt. F, # 33 Affidavit Exhibit 10 Pt. G, # 34 Affidavit Exhibit 10 Pt. H, # 35 Affidavit Exhibit 11 Pt. A, # 36 Affidavit Exhibit 11 Pt. B, # 37 Affidavit Exhibit 11 Pt. C, # 38 Affidavit Exhibit 11 Pt. D, # 39 Affidavit Exhibit 11 Pt. E, # 40 Affidavit Exhibit 12, # 41 Affidavit Exhibit 13, # 42 Affidavit Exhibit 14, # 43 Affidavit Exhibit 15, # 44 Affidavit Exhibit 16, # 45 Affidavit Exhibit 17, # 46 Affidavit Exhibit 18, # 47 Affidavit Exhibit 19, # 48 Affidavit Exhibits 20-21, # 49 Affidavit Exhibit 22, # 50 Affidavit Exhibit 23, # 51 Affidavit Exhibit 24, # 52 Affidavit Exhibit 26, # 53 Affidavit Exhibit 26, # 54 Affidavit Exhibit 27, # 55 Affidavit Exhibit 28, # 56 Affidavit Exhibit 29 Pt. A, # 57 Affidavit Exhibit 29 B, # 58 Affidavit Exhibit 31, # 59 Affidavit Exhibit 32, # 60 Affidavit Exhibit 33, # 61 Affidavit Exhibit 34, # 62 Affidavit Exhibit 35, # 63 Affidavit Exhibit 36, # 64 Affidavit Exhibit 37, # 65 Affidavit Exhibit 38 A, # 66 Affidavit Exhibit 38 B, # 67 Affidavit Exhibit 39, # 68 Affidavit Exhibit 40, # 69 Affidavit Exhibit 41, # 70 Affidavit Exhibit 42)(Bierman, Mark) (Entered: 05/10/2010)
2010-05-10 47 0 DECLARATION of Nagy Edrisse in Opposition re: 32 FIRST MOTION for Summary Judgment., 28 MOTION for Summary Judgment as to all claims against Frank Berry.. Document filed by Nagy Edrisse. (Bierman, Mark) (Entered: 05/10/2010)
2010-05-10 48 0 DECLARATION of Sharon Clarke in Opposition re: 32 FIRST MOTION for Summary Judgment., 28 MOTION for Summary Judgment as to all claims against Frank Berry.. Document filed by Nagy Edrisse. (Bierman, Mark) (Entered: 05/10/2010)
2010-05-10 49 0 MEMORANDUM OF LAW in Opposition re: 32 FIRST MOTION for Summary Judgment., 28 MOTION for Summary Judgment as to all claims against Frank Berry. Marriott Defendants. Document filed by Nagy Edrisse. (Attachments: # 1 Supplement Brief Pt. 1, # 2 Supplement Brief Pt. 2, # 3 Supplement, # 4 Exhibit Ex. A, # 5 Exhibit Exhibit B, # 6 Exhibit Exhibit C, # 7 Exhibit Exhibit D)(Bierman, Mark) (Entered: 05/10/2010)
2010-05-10 50 0 RESPONSE in Opposition re: 32 FIRST MOTION for Summary Judgment., 28 MOTION for Summary Judgment as to all claims against Frank Berry. Marriott Defendants. Document filed by Nagy Edrisse. (Attachments: # 1 Supplement Rule 56.1 Response Pt. 2, # 2 Supplement Rule 56.1 Response Pt. 3)(Bierman, Mark) (Entered: 05/10/2010)
2010-05-12 51 0 ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Mark H. Bierman dated 5/6/10 re: counsel requests that the Court extend the plaintiff's time to respond to the Marriott Defendants' and Gerry's pending Rule 56 motions by two days so that they will be due May 10, 2010. ENDORSEMENT: Granted. (Signed by Judge Lewis A. Kaplan on 5/11/10) (djc) (Entered: 05/12/2010)
2010-05-14 52 0 ENDORSED LETTER: addressed to Judge Lewis A. Kaplan from Michael J. Volpe dated 5/12/2010 re: The Marriot Defendants and defendant Frank Berry requests a one week extension of time, until May 24, 2010, to reply to plaintiff's 68 page brief in opposition to Defendants' motions for summary judgment. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Lewis A. Kaplan on 5/13/2010) (js) (Entered: 05/14/2010)
2010-05-20 53 0 JOINT PRE-TRIAL ORDER: The parties, having conferred among themselves, and with the Court pursuant to F.R.C.P. 16, the following statements, directions and agreements are adopted as the Pretrial Order as further set forth herein. A trial by jury is claimed. There is no dispute as to whether the action should be tried to a jury. The estimate length of the trial is five (5) days. (Signed by Judge Lewis A. Kaplan on 5/3/2010) (tro) (Entered: 05/20/2010)
2010-05-24 54 0 FIRST REPLY MEMORANDUM OF LAW in Support re: 32 FIRST MOTION for Summary Judgment. as to all claims against the Marriott Defendants. Document filed by Janet Mielcarek, Marriott International, Inc., George Palladino, Michael Stengel, David Traina, Steven Bata, Robert Miller. (Volpe, Michael) (Entered: 05/24/2010)
2010-05-24 55 0 DECLARATION of Megan H. Mann in Support re: 32 FIRST MOTION for Summary Judgment.. Document filed by Janet Mielcarek, Marriott International, Inc., George Palladino, Michael Stengel, David Traina, Steven Bata, Robert Miller. (Attachments: # 1 Exhibit Exhibit GG, # 2 Exhibit Exhibit HH, # 3 Exhibit Exhibits II - MM, # 4 Exhibit Exhibits NN - SS)(Volpe, Michael) (Entered: 05/24/2010)
2010-05-24 56 0 REPLY MEMORANDUM OF LAW in Support re: 28 MOTION for Summary Judgment as to all claims against Frank Berry.. Document filed by Frank Berry. (Robb, Arthur) (Entered: 05/24/2010)