Case details

Court: nysd
Docket #: 1:06-cv-15190
Case Name: Wetzel v. Town of Orangetown
PACER case #: 405500
Date filed: 2006-12-15
Date terminated: 2013-03-27
Assigned to: Judge Loretta A. Preska
Referred to: Magistrate Judge Lisa Margaret Smith
Case Cause: 29:201 Fair Labor Standards Act
Nature of Suit: 710 Labor: Fair Standards
Jury Demand: None
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Lorraine Wetzel
Plaintiff
Michael David Diederich , Jr.,
Law Office of David Michael Diederich 361 Route 210 Stony Point, NY 10980 (845)942-0795 Fax: (845)942-0796 Email: Mike@DiederichLaw.com
TERMINATED: 12/22/2011 LEAD ATTORNEY

Maureen Margaret McNamara
Law Office of Maureen McNamara Post Office B Ox 633 West Haverstraw, NY 10993 (845)-947-2892 Fax: (845)-947-2892 Email: mcnamarammj@verizon.net
ATTORNEY TO BE NOTICED

Town of Orangetown
Defendant
Edward J. Phillips
Keane & Beane 445 Hamilton Avenue 15th Floor White Plains, NY 10601 914-946-4777 Fax: 914-946-6868 Email: ephillips@kblaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lance H Klein
Keane & Beane, P.C. 445 Hamilton Avenue 15th Floor White Plains, NY 10601 914-946-4777 Fax: 914-946-6868 Email: lklein@kblaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephanie Lynn Burns
Keane & Beane 445 Hamilton Avenue 15th Floor White Plains, NY 10601 (914) 946-4777 Fax: (914) 946-6868 Email: sburns@kblaw.com
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2006-12-15 1 0 COMPLAINT against Town of Orangetown. (Filing Fee $ 350.00, Receipt Number 590591)Document filed by Lorraine Wetzel.(ll, ) (Entered: 12/18/2006)
2007-01-02 2 0 NOTICE OF APPEARANCE by Stephanie Lynn Burns on behalf of Town of Orangetown (Burns, Stephanie) (Entered: 01/02/2007)
2007-01-03 3 0 STIPULATION AND ORDER....that Defendant's time to answer or otherwise move with respect to the Complaint....is extended to and including February 5, 2007. SO ORDERED. (Signed by Judge Charles L. Brieant on 01/03/2007) (jma, ) (Entered: 01/04/2007)
2007-02-05 4 0 MOTION to Dismiss. Document filed by Town of Orangetown.Responses due by 2/20/2007,Return Date set for 3/16/2007 10:00 AM.(Klein, Lance) (Entered: 02/05/2007)
2007-02-05 5 0 DECLARATION of Lance H. Klein in Support re: 4 MOTION to Dismiss.. Document filed by Town of Orangetown. (Attachments: # 1 Exhibit A# 2 Exhibits B and C# 3 Exhibits D, E and F# 4 Exhibits G, H, I, J, K and L# 5 Exhibit M# 6 Exhibit N# 7 Exhibits O and P)(Klein, Lance) (Entered: 02/05/2007)
2007-02-05 6 0 MEMORANDUM OF LAW in Support re: 4 MOTION to Dismiss.. Document filed by Town of Orangetown. (Klein, Lance) (Entered: 02/05/2007)
2007-02-05 7 0 AFFIDAVIT OF SERVICE of Notice of Motion & Declaration in Support of Motion served on Plaintiff on 2/5/07. Service was made by Mail. Document filed by Town of Orangetown. (Klein, Lance) (Entered: 02/05/2007)
2007-02-05 8 0 AFFIDAVIT OF SERVICE of Memorandum of Law In Support of Motion to Dismiss served on Plaintiff on 2/5/07. Service was made by Mail. Document filed by Town of Orangetown. (Klein, Lance) (Entered: 02/05/2007)
2007-02-13 9 0 LETTER addressed to Hon. Charles L. Brieant from Michael D. Diederich, Jr. dated 01/09/2007 re: Your chambers advised that the above case was on the calendar for an initial conference today, but that neither I nor opposing counsel were present. I am not sure what went wrong at my office's end........ Document filed by Lorraine Wetzel.(jma) (Entered: 02/14/2007)
2007-03-02 10 0 MEMORANDUM OF LAW in Opposition re: 4 MOTION to Dismiss.. Document filed by Lorraine Wetzel. (Diederich, Michael) (Entered: 03/02/2007)
2007-03-02 11 0 DECLARATION of Michael Diederich Jr in Opposition re: 4 MOTION to Dismiss.. Document filed by Lorraine Wetzel. (Diederich, Michael) (Entered: 03/02/2007)
2007-03-08 12 0 NOTICE OF CASE REASSIGNMENT to Judge Stephen C. Robinson as RELATED to 03-cv-9896. Judge Charles L. Brieant is no longer assigned to the case. (fk) (Entered: 03/08/2007)
2007-03-09 13 0 REPLY AFFIDAVIT of Stephanie L. Burns in Support re: 4 MOTION to Dismiss.. Document filed by Town of Orangetown. (Attachments: # 1 Exhibit A,B,C,D,E,F,G# 2 Exhibit H,I,J,K,L,M# 3 Exhibit N)(Klein, Lance) (Entered: 03/09/2007)
2007-03-09 14 0 FIRST REPLY MEMORANDUM OF LAW in Support re: 4 MOTION to Dismiss.. Document filed by Town of Orangetown. (Klein, Lance) (Entered: 03/09/2007)
2007-03-09 15 0 AFFIDAVIT OF SERVICE of Reply Declaration served on Michael Diederich on 3/9/07. Service was made by Mail. Document filed by Town of Orangetown. (Klein, Lance) (Entered: 03/09/2007)
2007-03-09 16 0 AFFIDAVIT OF SERVICE of Reply Memorandum of Law served on Michael Diederich on 3/09/07. Service was made by mail. Document filed by Town of Orangetown. (Klein, Lance) (Entered: 03/09/2007)
2007-03-15 17 0 ORDER withdrawing 4 Motion to Dismiss...After initiation and assignment of this matter to the Honorable Charles L. Brieant, Defendant moved to dismiss pursuant to Rule 12(b)(6). Thereafter, this matter was re-assigned to this Court. Pursuant to Individual Practice Rule 2.A of this Court, requiring a pre-motion conference prior to the filing of motions in civil cases, Defendant's motion to dismiss is hereby withdrawn pending a pre-motion conference to be scheduled by the Court. IT IS SO ORDERED: (Signed by Judge Stephen C. Robinson on 3/15/2007) "The Clerk's Office Has Mailed Copies".(mde) (Entered: 03/19/2007)
2007-05-31 18 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. Referred to Magistrate Judge George A. Yanthis. SO ORDERED: (Signed by Judge Stephen C. Robinson on 05/30/07) (dcr) Additional attachment(s) added on 6/1/2007 (Cruz, David). (Entered: 05/31/2007)
2007-05-31 19 0 ENDORSED LETTER addressed to Hon. Stephen C. Robinson from Michael D. Diederich, Jr. dated 05/22/2007 re:....I request that Your Honor restore Defendants' motion for consideration with plaintiff's opposition.....ENDORSED, APPLICATION GRANTED, Order of 3/15/2007 is terminated. Defendant's motion to dismiss is reinstated. No further submissions on Defendant's motion shall be considered. (Signed by Judge Stephen C. Robinson on 05/30/2007) (jma) Additional attachment(s) added on 6/1/2007 (Martinez, Johnny). (Entered: 06/01/2007)
2007-06-01 20 0 ENDORSED LETTER addressed to Judge Stephen C. Robinson from Micharl Diederich dated 5/22/07 re: Request that Your Honor restore Defendants' motion for consideration with plaintiffs opposition. Endorsement: Order of 3/15/07 is terminated. Defendants' motion to dismiss is reinstated. No further submissions on Defendants' motion shall be considered. Application Granted. (Signed by Judge Stephen C. Robinson on 5/30/07) (fk) (Entered: 06/04/2007)
2007-06-01 21 0 REINSTATED MOTION to Dismiss. Document filed by Town of Orangetown.(fk) (Entered: 06/04/2007)
2008-03-19 22 0 REPORT AND RECOMMENDATIONS re: 21 MOTION to Dismiss filed by Town of Orangetown....For all of the foregoing reasons, I conclude, and respectfully recommend: 1) that defendant's motion to dismiss should be granted in part and denied in part, and 2) that plaintiff's New York State Labor Law claim, her FLSA claim for injunctive relief and her FLSA claim with respect to her disciplinary hearing preparation time should be dismissed. Objections to R&R due by 4/1/2008 (Signed by Magistrate Judge George A. Yanthis on 3/19/08) (fk) (Entered: 03/19/2008)
2008-04-02 23 0 OBJECTION to 22 Report and Recommendations Document filed by Town of Orangetown. (Burns, Stephanie) (Entered: 04/02/2008)
2008-04-10 24 0 OBJECTION to 22 Report and Recommendations Plaintiff's Memo in Support of R&R Document filed by Lorraine Wetzel. (Diederich, Michael) (Entered: 04/10/2008)
2009-03-16 25 0 ORDER ADOPTING REPORT AND RECOMMENDATIONS for 22 Report and Recommendations - CONCLUSION: After considering the Town's objections to, and arguments against, Judge Yanthis' comprehensive and well-reasoned R&R, this Court has determined that the Town's arguments are without merit. Those portions of the R&R to which neither party objects do not suffer from any clear error. The Court therefore adopts the R&R...SO ORDERED: (Signed by Judge Stephen C. Robinson on 03/16/2009) (dcr) (Entered: 03/16/2009) 2013-03-20 10:00:12 98ade880fa71fbf301f515c55fdf8e695df1db5d
2009-03-16 26 0 FILING ERROR - JUDGMENT FILED IN ERROR - JUDGMENT:..It is, ORDERED, ADJUDGED AND DECREED: that after considering the Towns objections to, and arguments against, Judge Yanthis comprehensive and well-reasoned Report and Recommendation (Docket #22), this Court has determined that the Towns arguments are without merit, those portions of the R&R to which neither party objects do not suffer from any clear error, the court therefore adopts the R&R, defendants motion to dismiss (Docket #4) is granted, and the case is hereby closed. (Signed by J. Michael McMahon on 03/16/2009) (dcr) Modified on 3/16/2009 (fk). (Entered: 03/16/2009)
2009-04-03 27 0 ANSWER to Complaint. Document filed by Town of Orangetown.(Phillips, Edward) (Entered: 04/03/2009)
2009-05-21 28 0 CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: Amended Pleadings due by 6/1/2009. Joinder of Parties due by 6/1/2009. Deposition due by 8/21/2009. Discovery due by 9/30/2009. SO ORDERED (Signed by Judge Stephen C. Robinson on 5/21/2009) (rj) (Entered: 05/21/2009)
2009-08-31 29 0 ENDORSED LETTER addressed to Judge Stephen C. Robinson from Edward J. Phillips dated 8/21/2009 re: Plaintiff's counsel and I request that the deadlines for completing depositions and all other discovery be extended 45 days each, to October 5, 2009 and November 16, 2009, respectively.. ENDORSEMENT: SO ORDERED. (Signed by Judge Stephen C. Robinson on 8/31/2009) (mml) (Entered: 08/31/2009)
2009-12-03 30 0 SCHEDULING NOTICE: The matter of Wetzel v. Town of Orangetown has been scheduled for a case management conference before the Hon. Stephen C. Robinson, United States District Judge, for February 19, 2010, at 10:00 am in Courtroom 621, 6th Floor. Case Management Conference set for 2/19/2010 at 10:00 AM before Judge Stephen C. Robinson. (mml) (Entered: 12/03/2009)
2010-02-16 31 0 ENDORSED LETTER addressed to Judge Stephen C. Robinson from Edward J. Phillips dated 2/8/2010 re: I write, on behalf of both parties, to request that the upcoming pretrial conference scheduled for February 19, 2010 be canceled... ENDORSEMENT: Application Granted. The conference scheduled for 2/19/2010 is canceled. Parties are directed to submit a proposed schedule for their motion with specific dates. SO ORDERED. (Signed by Judge Stephen C. Robinson on 2/16/2010) (mml) (Entered: 02/16/2010)
2010-02-23 32 0 ENDORSED LETTER addressed to Judge Stephen C. Robinson from Edward J. Phillips dated 2/18/2010 re:.. I write to set forth the dates of the parties' proposed briefing schedule for their respective summary judgment motions... ENDORSEMENT: SO ORDERED. (Signed by Judge Stephen C. Robinson on 2/23/2010) (mml) (Entered: 02/24/2010)
2010-03-26 33 0 ENDORSED LETTER addressed to Judge Stephen C. Robinson from Edward J. Phillips dated 3/18/2010 re: I write to request a 2-week adjournment of the parties' briefing schedule for their respective summary judgment motions. This is our first such request, and Plaintiff's counsel consent to the same. Adding two weeks to the existing schedule would yield the following new deadlines.... ENDORSEMENT: APPLICATION GRANTED. SO ORDERED (Signed by Judge Stephen C. Robinson on 3/26/2010) (rj) (Entered: 03/26/2010)
2010-05-10 34 0 FIRST MOTION for Summary Judgment P's MOL, Notice of Mtn & Supporting Exhibits. Document filed by Lorraine Wetzel. (Attachments: # 1 Affidavit Ps Notice of Mtn & Supporting papers)(Diederich, Michael) (Entered: 05/10/2010)
2010-05-10 35 0 REPLY AFFIDAVIT of Plaintiffs etc in Support re: 34 FIRST MOTION for Summary Judgment P's MOL, Notice of Mtn & Supporting Exhibits.. Document filed by Lorraine Wetzel. (Attachments: # 1 Affidavit)(Diederich, Michael) (Entered: 05/10/2010)
2010-05-11 36 0 MOTION for Summary Judgment. Document filed by Town of Orangetown.(Phillips, Edward) (Entered: 05/11/2010)
2010-05-11 37 0 DECLARATION of Lance H. Klein, Esq. in Support re: 36 MOTION for Summary Judgment.. Document filed by Town of Orangetown. (Attachments: # 1 Errata A, # 2 Exhibit B, # 3 Exhibit C & D, # 4 Exhibit E, # 5 Exhibit E (cont'd))(Phillips, Edward) (Entered: 05/11/2010)
2010-05-11 38 0 DECLARATION of Captain Robert Zimmerman in Support re: 36 MOTION for Summary Judgment.. Document filed by Town of Orangetown. (Attachments: # 1 Exhibit A)(Phillips, Edward) (Entered: 05/11/2010)
2010-05-11 39 0 MEMORANDUM OF LAW in Support re: 36 MOTION for Summary Judgment., 34 FIRST MOTION for Summary Judgment P's MOL, Notice of Mtn & Supporting Exhibits. (also filed in opposition to Plaintiff's motion). Document filed by Town of Orangetown. (Phillips, Edward) (Entered: 05/11/2010)
2010-05-11 40 0 RULE 56.1 STATEMENT. Document filed by Town of Orangetown. (Phillips, Edward) (Entered: 05/11/2010)
2010-05-11 41 0 COUNTER STATEMENT TO Document filed by Town of Orangetown. (Phillips, Edward) (Entered: 05/11/2010)
2010-05-11 42 0 REPLY AFFIRMATION of Chief of Police Kevin A. Nulty in Support re: 36 MOTION for Summary Judgment.. Document filed by Town of Orangetown. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Phillips, Edward) (Entered: 05/11/2010)
2010-05-11 43 0 REPLY MEMORANDUM OF LAW in Support re: 36 MOTION for Summary Judgment.. Document filed by Town of Orangetown. (Phillips, Edward) (Entered: 05/11/2010)
2010-09-01 44 0 NOTICE All appearances scheduled in cases on the docket of Judge Stephen C. Robinson are adjourned pending reassignment. Parties of record will be notified of the case reassignment via ECF email notification (or by written correspondence from the Clerk of Court). In all cases, counsel are reminded that a magistrate judge has been designated and are urged to consider consenting to trial before a White Plains magistrate judge under 28 U.S.C. 636. Inquiries may be directed to Robert Rogers, Deputy-in-Charge at 914-390-04001. (Signed by Judge Loretta A. Preska on 08/26/2010) (mj) (Entered: 09/01/2010)
2010-11-04 45 0 NOTICE OF CASE REASSIGNMENT to Judge J. Garvan Murtha. Judge Stephen C. Robinson is no longer assigned to the case. (jah) (Entered: 11/04/2010)
2011-02-28 46 0 CORRECTED NOTICE OF CASE REASSIGNMENT to Judge J. Garvan Murtha. (sjo) (Entered: 02/28/2011)
2011-07-12 47 0 ORDER: This case has been reassigned to Honorable J. Garvan Murtha. Judge Murtha is a district court judge in the District of Vermont, sitting by designation on several cases out of the White Plains Division of the Southern District of New York. In order to facilitate the handling of these cases, please comply with the following requirements. All contact is to be made with Judge Murthas judicial assistant, Kristine Long. She can be reached at 802-258-4413 or Kris_Long@vtd.uscourts.gov Any hearings will take place in a courtroom in the White Plains Courthouse by way of videoconference. Counsel will report to the courthouse and Judge Murtha will participate by video from Brattleboro, Vermont. Judge Murtha does not accept letter motions. Any request must be made by way of ECF motion in the case. Courtesy copies of all pleadings shall be sent to: Kristine Long,United States District Court P.O. Box 760, Brattleboro, VT 05302-0760. (Signed by Judge J. Garvan Murtha on 7/12/2011) (fk) (Entered: 07/13/2011)
2011-07-14 48 0 NOTICE OF STATUS CONFERENCE: Counsel for all parties shall attend a status conference on Thursday, August 4, 2011, at 1:30 p.m., at the United States District Courthouse, 300 Quarropas Street, White Plains, New York. Counsel shall report to the District Court Clerks Office, Room 146, for instructions as to the courtroom where the video hearing will take place. Judge Murtha will participate by videoconference from Brattleboro, Vermont. (Status Conference set for 8/4/2011 at 01:30 PM before Judge J. Garvan Murtha) (Signed by Judge J. Garvan Murtha on 7/14/2011) (lnl) (Entered: 07/14/2011)
2011-12-18 49 0 MOTION for Michael Diederich, Jr. to Withdraw as Attorney. Document filed by Lorraine Wetzel. Return Date set for 12/20/2011 at 02:30 PM.(Diederich, Michael) (Entered: 12/18/2011)
2011-12-22 50 0 ORDER granting 49 Motion to Withdraw as Attorney re: Michael Diederich as counsel for pltf. Atty Michael David Diederich, Jr. terminated. Atty Diederich shall deliver all case files to Ms. Wetzel, or her designee, by 2:00 p.m. on 12/23/2011. (Signed by Judge J. Garvan Murtha on 12/20/2011) (This is a text only Order.) (Long, Kristine) (Entered: 12/22/2011)
2012-02-01 51 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 Lisa Margaret Smith. (Signed by Judge J. Garvan Murtha on 06-15190) (fk) (Entered: 02/02/2012)
2012-02-03 52 0 SCHEDULING NOTICE:The matters above have been scheduled for an in person conference on 2/17/2012 at 11:30 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Lisa Margaret Smith. (Signed by Magistrate Judge Lisa Margaret Smith on 2/3/2012) (mml) (Entered: 02/03/2012)
2012-03-29 53 0 RE-SCHEDULING NOTICE: The settlement conference in the above matters has been re-scheduled from Thursday, March 29, 2012, at 2:00 PM to 4/13/2012 at 02:30 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Lisa Margaret Smith. (Signed by Magistrate Judge Lisa Margaret Smith on 3/29/2012) (mml) (Entered: 03/30/2012)
2012-06-01 54 0 NOTICE OF APPEARANCE by Maureen McNamara on behalf of Lorraine Wetzel. (mml) (Entered: 06/01/2012)
2012-10-11 55 0 NOTICE OF APPEARANCE by Maureen Margaret McNamara on behalf of Lorraine Wetzel (McNamara, Maureen) (Entered: 10/11/2012)
2012-12-19 56 0 NOTICE OF CASE REASSIGNMENT to Judge Loretta A. Preska. Judge J. Garvan Murtha is no longer assigned to the case. (pgu) (Entered: 12/19/2012)
2013-03-18 57 0 MEMORANDUM AND OPINION re: 34 FIRST MOTION for Summary Judgment P's MOL, Notice of Mtn & Supporting Exhibits. filed by Lorraine Wetzel, 36 MOTION for Summary Judgment. filed by Town of Orangetown. For the reasons stated above, Plaintiff/s motion for summary judgment [dkt. no. 34] is DENIED and Defendant/s motion for summary judgment [dkt. no. 36] is GRANTED. The Clerk of the Court shall mark this action closed and all pending motionsdenied as moot. (Signed by Judge Loretta A. Preska on 3/18/2012) (mt) (Entered: 03/18/2013) 2013-03-19 08:56:54 8e01f8d55a0ad69dba76285bc9ae2a33e99d831e
2013-03-27 58 0 CLERK'S JUDGMENT That for the reasons stated in the Court's Memorandum and Order dated March 18, 2013, Plaintiff's motion for summary judgment is denied, and Defendant's motion for summary judgment is granted; accordingly, the case is closed and all pending motions denied as moot. (Signed by Clerk of Court Ruby Krajick on 3/27/13) (Attachments: # 1 Notice of Right to Appeal)(ml) (Entered: 03/27/2013)
2013-04-25 59 0 NOTICE OF APPEAL from 57 Memorandum & Opinion,, 58 Clerk's Judgment,. Document filed by Lorraine Wetzel. Filing fee $ 455.00, receipt number 0208-8451105. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (McNamara, Maureen) (Entered: 04/25/2013)