Case details

Court: nysd
Docket #: 1:13-cv-03476
Case Name: Manon v. Globe Institute Of Technology,Inc., et al
PACER case #: 412306
Date filed: 2013-05-23
Assigned to: Judge Richard J. Sullivan
Case Cause: 42:1983 Civil Rights (Employment Discrimination)
Nature of Suit: 442 Civil Rights: Jobs
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Elizabeth Manon
Plaintiff
Alex Umansky
Phillips & Associates, Attorney at law, PLLC 45 Broadway, Suite 620 New York, NY 10006 (212)-248-7431 Fax: (212)-901-2107 Email: aumansky@tpglaws.com
ATTORNEY TO BE NOTICED

Edward Joseph Kennedy
Phillips & Associates, Attorney at law, PLLC 45 Broadway, Suite 620 New York, NY 10006 (212)-248-7431 Fax: (212)-901-2107 Email: ekennedy@tpglaws.com
ATTORNEY TO BE NOTICED

Globe Institute Of Technology,Inc.,
Defendant
Matthew John Mehnert
Lamb & Barnosky, LLP(Melville) 534 Broadhollow Road Post Office Box 9034 Suite 210 Melville, NY 11747-9034 (631) 694-2300 Fax: (631) 694-2309 Email: mjm@lambbarnosky.com
ATTORNEY TO BE NOTICED

878 Education,LLC,
Defendant
Matthew John Mehnert
(See above for address)
ATTORNEY TO BE NOTICED

Alfonso Garcia
Defendant
individually,
Matthew John Mehnert
(See above for address)
ATTORNEY TO BE NOTICED

Alex Oliner
Defendant
individually,
Matthew John Mehnert
(See above for address)
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2013-05-23 1 0 COMPLAINT against 878 Education,LLC, Alfonso Garcia, Globe Institute Of Technology,Inc., Alex Oliner. (Filing Fee $ 350.00, Receipt Number 465401068225)Document filed by Elizabeth Manon.(mn) (Entered: 05/24/2013)
2013-06-11 2 0 AFFIDAVIT OF SERVICE of Summons and Complaint. Alex Oliner served on 6/6/2013, answer due 6/27/2013. Service was accepted by Alfonso Garcia- Manager. Document filed by Elizabeth Manon. (Phillips, William) (Entered: 06/11/2013)
2013-06-11 3 0 AFFIDAVIT OF SERVICE of Summons and Complaint. Alfonso Garcia served on 6/6/2013, answer due 6/27/2013. Service was accepted by Alfonso Garcia. Document filed by Elizabeth Manon. (Phillips, William) (Entered: 06/11/2013)
2013-06-24 4 0 ORDER: The above-entitled matter has been assigned to my docket. Accordingly, IT IS HEREBY ORDERED THAT the parties shall appear for an initial status conference on Wednesday, July 31, 2013 at 11:15 a.m. in Courtroom 905 of the Thurgood Marshall United States District Court for the Southern District of New York, 40 Foley Square, New York, New York. IT IS FURTHER ORDERED that, by Monday, July 22, 2013, the parties shall jointly submit a letter, not to exceed five (5) pages, providing the information herein. ( Status Conference set for 7/31/2013 at 11:15 AM in Courtroom 905, 40 Centre Street, New York, NY 10007 before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 6/24/2013) (mro) (Entered: 06/25/2013)
2013-07-02 5 0 AFFIDAVIT OF SERVICE of Summons and Complaint. 878 Education,LLC, served on 6/17/2013, answer due 7/8/2013. Service was accepted by Chad Matice - Authorized Agent. Document filed by Elizabeth Manon. (Phillips, William) (Entered: 07/02/2013)
2013-07-02 6 0 AFFIDAVIT OF SERVICE of Summons and Complaint. Globe Institute Of Technology,Inc., served on 6/17/2013, answer due 7/8/2013. Service was accepted by Chad Matice - Authorized Agent. Document filed by Elizabeth Manon. (Phillips, William) (Entered: 07/02/2013)
2013-07-24 7 0 ENDORSED LETTER addressed to Judge Richard J. Sullivan from Alex Umansky dated 7/23/2013 re: Based on the foregoing, Plaintiff respectfully requests that the Court adjourn the initial status conference until the Court receives and rules upon the Order to Show Cause for a default judgment as against the Defendants. ENDORSEMENT: Plaintiff's request to adjourn the initial conference and file a motion for a default judgment is GRANTED. IT IS HEREBY ORDERED THAT Plaintiff shall file her motion on or before August 7, 2013. SO ORDERED., ( Motions due by 8/7/2013.) (Signed by Judge Richard J. Sullivan on 7/23/2013) (ama) (Entered: 07/25/2013)
2013-08-06 8 0 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - FIRST MOTION for Default Judgment as to all of the Defendants. Document filed by Elizabeth Manon.(Umansky, Alex) Modified on 8/7/2013 (ldi). (Entered: 08/06/2013)
2013-08-06 9 0 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - DECLARATION of Alex Umansky in Support re: 8 FIRST MOTION for Default Judgment as to all of the Defendants.. Document filed by Elizabeth Manon. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Umansky, Alex) Modified on 8/7/2013 (ldi). (Entered: 08/06/2013)
2013-08-06 10 0 CLERK'S CERTIFICATE OF DEFAULT as to Alfonso Garcia, Alex Oliner, Globe Institute of Technology, Inc., and 878 Education, LLC. (ml) (Entered: 08/07/2013)
2013-08-07 11 0 ENDORSED LETTER addressed to Judge Richard J. Sullivan from Alex Umansky dated 8/07/2013 re: Based on the foregoing, Plaintiff respectfully requests that the Court allow Plaintiff to resubmit the Order to Show Cause for a default judgment on or before August 12, 2013. ENDORSEMENT: SO ORDERED., ( Motions due by 8/12/2013.) (Signed by Judge Richard J. Sullivan on 8/07/2013) (ama) (Entered: 08/08/2013)
2013-08-14 12 0 ORDER TO SHOW CAUSE: Upon the Affidavit of Alex Umansky, attorney for Plaintiff Elizabeth Manon sworn to on August 6, 2013, and the exhibits annexed thereto, and upon all prior papers and proceedings in this matter, IT IS HEREBY ORDERED THAT Defendants Globe Institute of Technology, Inc., 878 Education, LLC, Alfonso Garcia, and Alex Oliner (collectively, "Defendants"), shall appear before the Court, in Courtroom 905 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York, on Friday, October 11, 2013 at 2:00 pm, and show cause why an order should not be issued pursuant to Rule 55(b) of the Federal Rules of Civil Procedure ("FRCP") (i) granting Plaintiff's Motion for Default Judgment against Defendants, and (ii) ordering such further relief as this Court may deem just and proper. IT IS FURTHER ORDERED THAT Defendants, if they oppose this motion, shall file a written opposition with the Court on or before Friday, September 20, 2013. IT IS FURTHER ORDERED THAT service of a copy of this Order, along with the Affidavit of Alex Umansky and all exhibits annexed thereto, upon Defendant Globe Institute of Technology, Inc., at 500 Seventh Avenue, New York, New York 10018, on or before 5:00 p.m. on August 30, 2013, shall be deemed good and sufficient service thereof as further set forth in this order. Show Cause Hearing set for 10/11/2013 at 02:00 PM in Courtroom 905, 40 Centre Street, New York, NY 10007 before Judge Richard J. Sullivan. Show Cause Response due by 9/20/2013. (Signed by Judge Richard J. Sullivan on 8/14/2013) (lmb) (Entered: 08/15/2013)
2013-09-03 13 0 AFFIDAVIT OF SERVICE of Summons and Complaint. Globe Institute Of Technology,Inc., served on 8/30/2013, answer due 9/20/2013. Service was accepted by Jenere "Doe" ( last name refused) - Receptionist. Document filed by Elizabeth Manon. (Phillips, William) (Entered: 09/03/2013)
2013-09-03 14 0 AFFIDAVIT OF SERVICE of Summons and Complaint. 878 Education,LLC, served on 8/30/2013, answer due 9/20/2013. Service was accepted by Jenere "Doe" ( last name refused) - Receptionist. Document filed by Elizabeth Manon. (Phillips, William) (Entered: 09/03/2013)
2013-09-18 15 0 NOTICE OF APPEARANCE by Matthew John Mehnert on behalf of 878 Education,LLC,, Alfonso Garcia, Globe Institute Of Technology,Inc.,, Alex Oliner. (Mehnert, Matthew) (Entered: 09/18/2013)
2013-09-19 16 0 ENDORSED LETTER addressed to Judge Richard J. Sullivan from Matthew J. Mehnert dated 9/18/2013 re: I am in receipt of the plaintiffs order to show cause and papers supporting her application for a default judgment. I note that the deadline for the defendants to respond to the application is presently this Friday, September 20, 2013. I am requesting that the defendants' deadline to respond to the application be extended until October 4, 2013. ENDORSEMENT: SO ORDERED., ( Show Cause Response due by 10/4/2013.) (Signed by Judge Richard J. Sullivan on 9/19/2013) (ama) (Entered: 09/19/2013)
2013-10-01 17 0 ENDORSED LETTER addressed to Judge Richard J. Sullivan from Matthew J. Mehnert dated 10/01/2013 re: This firm was represents the defendants in this matter. This letter is written in furtherance of my conversation with chambers late yesterday afternoon and with regard to the return date for the order to show cause, which is October 11, 2013 at 2:00p.m. ENDORSEMENT: The conference is adjourned to Tuesday, October 15, 2013 at 11:30 a.m. The parties shall appear at that time in Courtroom 905 of the Thurgood Marshall Courthouse. Defendant's written opposition to the Order to Show cause shall still be submitted on or before October 4, 2013. SO ORDERED., ( Show Cause Hearing set for 10/15/2013 at 11:30 AM in Courtroom 905, 40 Centre Street, New York, NY 10007 before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 10/01/2013) (ama) (Entered: 10/02/2013)
2013-10-04 18 0 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 878 Education,LLC,, Alfonso Garcia, Alex Oliner.(Mehnert, Matthew) (Entered: 10/04/2013)
2013-10-04 19 0 RESPONSE TO ORDER TO SHOW CAUSE re: 12 Order to Show Cause,,,,,,. Document filed by 878 Education,LLC,, Alfonso Garcia, Alex Oliner. (Mehnert, Matthew) (Entered: 10/04/2013)
2013-10-04 20 0 RESPONSE TO ORDER TO SHOW CAUSE re: 12 Order to Show Cause,,,,,,. Document filed by 878 Education,LLC,, Alfonso Garcia, Alex Oliner. (Mehnert, Matthew) (Entered: 10/04/2013)
2013-10-04 21 0 RESPONSE TO ORDER TO SHOW CAUSE re: 12 Order to Show Cause,,,,,,. Document filed by 878 Education,LLC,, Alfonso Garcia, Alex Oliner. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Mehnert, Matthew) (Entered: 10/04/2013)
2013-10-04 22 0 RESPONSE TO ORDER TO SHOW CAUSE re: 12 Order to Show Cause,,,,,,. Document filed by 878 Education,LLC,, Alfonso Garcia, Alex Oliner. (Mehnert, Matthew) (Entered: 10/04/2013)
2013-10-11 23 0 ORDER. A hearing concerning Plaintiff's motion for a default judgment is presently scheduled for October 15, 2013. Due to a conflict in the Court's calendar, this hearing must be moved. Accordingly, IT IS HEREBY ORDERED THAT the hearing is adjourned to Friday, October 18, 2013 at 2:00 p.m. in Courtroom 905 at the Thurgood Marshall Courthouse. IT IS FURTHER ORDERED THAT, by Wednesday, October 16, 2013 at noon, the Parties shall submit to the Court a proposed case management plan and scheduling order, and as further set forth. (Show Cause Hearing set for 10/18/2013 at 02:00 PM in Courtroom 905, U.S. Courthouse, 40 Centre Street, New York, NY 10007 before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 10/11/2013) (rjm) (Entered: 10/15/2013)
2013-10-18 24 0 NOTICE OF APPEARANCE by Edward Joseph Kennedy on behalf of Elizabeth Manon. (Kennedy, Edward) (Entered: 10/18/2013)
2013-10-21 25 0 MEDIATION REFERRAL: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The parties are hereby notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 10/31/2013. Mediator Expertise Request due by 10/28/2013. (Signed by Judge Richard J. Sullivan on 10/18/2013) (ama) (Entered: 10/21/2013)
2013-10-21 26 0 CASE MANAGEMENT PLAN AND SCHEDULING ORDER: Pursuant to Rules 16-26(f) of the Federal Rules of Civil Procedure, the Court hereby adopts the following Case Management Plan and Scheduling Order. All parties do not consent to disposition of this case by a Magistrate Judge, pursuant to 28 U.S.C. ยง 636(c). This case is to be tried by a jury. Initial disclosures pursuant to Rule 26(a)(1) shall be completed no later than 11/1/13. Deposition due by 2/17/2014. Fact Discovery due by 2/17/2014. Expert Discovery due by 5/2/2014. Discovery due by 5/2/2014. Pre-Motion Conference set for 3/14/2014 at 11:30 AM before Judge Richard J. Sullivan. Referral to the Southern District's Mediation Program. Parties have conferred and their present best estimate of the length of trial is 5 days. SO ORDERED. (Signed by Judge Richard J. Sullivan on 10/18/2013) (ama) (Entered: 10/21/2013)
2014-02-11 28 0 LETTER addressed to Judge Richard J. Sullivan from Matthew J. Mehnert dated February 11, 2014 re: Manon v. Globe Institute of Technology, Inc., et al.. Document filed by 878 Education,LLC,, Alfonso Garcia, Alex Oliner.(Mehnert, Matthew) (Entered: 02/11/2014)
2014-02-11 29 0 MEMO ENDORSEMENT on re: 28 Letter filed by 878 Education, LLC, Alex Oliner, Alfonso Garcia. ENDORSEMENT: Because the parties offer no explanations for their failure to complete discovery on the scheduled previously agreed to by the parties and ordered by the Court, and because they offer no justification for why an additional 60 days is necessary or reasonable, the request is denied. (Signed by Judge Richard J. Sullivan on 2/11/2014) (tro) (Entered: 02/13/2014)
2014-02-13 30 0 AMENDED LETTER addressed to Judge Richard J. Sullivan from Matthew J. Mehnert dated 2/13/14 re: Manon v. Globe Institute of Technology. Document filed by 878 Education,LLC,, Alfonso Garcia, Alex Oliner.(Mehnert, Matthew) (Entered: 02/13/2014)
2014-02-14 31 0 MEMO ENDORSEMENT on re: 30 Letter filed by 878 Education,LLC, Alex Oliner, Alfonso Garcia. ENDORSEMENT: IT IS HEREBY ORDERED THAT the parties shall complete fact discovery, by April 8, 2014, shall submit pre-motion letters, if applicable, by April 28, 2014, and shall complete all discovery by July 1, 2014. The deadline for expert disclosures by Plaintiff is extended to May 27, 2014, and the deadline for expert disclosures by Defendants is extended to July 1, 2014. No further extensions will be granted absent truly unforeseen and compelling circumstances. SO ORDERED. ( Discovery due by 7/1/2014., Expert Discovery due by 7/1/2014., Fact Discovery due by 4/18/2014.) (Signed by Judge Richard J. Sullivan on 2/14/2014) (ama) (Entered: 02/18/2014)
2014-02-18 32 0 ORDER: A post-discovery conference is presently scheduled for March 14, 2014. Due to the Court's recent order amending the deadlines for the parties to complete discovery, this conference must be moved. Accordingly, IT IS HEREBY ORDERED THAT the conference is adjourned to Friday, May 16, 2014 at 2:30 p.m; in Courtroom 905 at the Thurgood Marshall Courthouse. SO ORDERED. ( Pre-Motion Conference set for 5/16/2014 at 02:30 PM in Courtroom 905, 40 Centre Street, New York, NY 10007 before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 2/18/2014) (ama) (Entered: 02/18/2014)
2014-04-28 33 0 LETTER addressed to Judge Richard J. Sullivan from Matthew J. Mehnert dated 4/28/14 re: Defendants' Anticipated Motion for Summary Judgment. Document filed by 878 Education,LLC,, Alfonso Garcia, Alex Oliner.(Mehnert, Matthew) (Entered: 04/28/2014)
2014-05-01 34 0 LETTER addressed to Judge Richard J. Sullivan re: Plaintiff's Response in Opposition to Defendants' Request for a Pre-motion Conference to Move for Summary Judgment. Document filed by Elizabeth Manon.(Umansky, Alex) (Entered: 05/01/2014)
2014-06-24 35 0 LETTER addressed to Judge Richard J. Sullivan from Matthew J. Mehnert dated 6/24/14 re: Manon v. 878 Education, LLC, et al.. Document filed by 878 Education,LLC,, Alfonso Garcia, Alex Oliner.(Mehnert, Matthew) (Entered: 06/24/2014)
2014-06-24 36 0 MEMO ENDORSEMENT on re: 35 Letter filed by 878 Education,LLC,, Alex Oliner, Alfonso Garcia. ENDORSEMENT: IT IS HEREBY ORDERED THAT Defendants' request is denied without prejudice to renewal. Any subsequent request to exceed the page limit for exhibits, as set forth in the Court's Individual Practices, must specify how many additional pages are sought for each contemplated exhibit. SO ORDERED. (Signed by Judge Richard J. Sullivan on 6/24/2014) (ajs) (Entered: 06/25/2014)
2014-06-25 38 0 SECOND LETTER addressed to Judge Richard J. Sullivan from Matthew J. Mehnert dated 6/25/14 re: Manon v. 878 Education, LLC, et al.. Document filed by 878 Education,LLC,, Alfonso Garcia, Alex Oliner.(Mehnert, Matthew) (Entered: 06/25/2014)
2014-06-26 39 0 MEMO ENDORSEMENT on 38 Letter filed by 878 Education,LLC,, Alex Oliner, Alfonso Garcia. ENDORSEMENT: So Ordered. (Signed by Judge Richard J. Sullivan on 6/25/2014) (cd) Modified on 7/1/2014 (cd). (Entered: 06/26/2014)
2014-06-27 40 0 MOTION for Summary Judgment . Document filed by 878 Education,LLC,, Alfonso Garcia, Alex Oliner. Responses due by 7/18/2014(Mehnert, Matthew) (Entered: 06/27/2014)
2014-06-27 41 0 DECLARATION of Matthew J. Mehnert in Support re: 40 MOTION for Summary Judgment .. Document filed by 878 Education,LLC,, Alfonso Garcia, Alex Oliner. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Affidavit of Service)(Mehnert, Matthew) (Entered: 06/27/2014)
2014-06-27 42 0 RULE 56.1 STATEMENT. Document filed by 878 Education,LLC,, Alfonso Garcia, Alex Oliner. (Mehnert, Matthew) (Entered: 06/27/2014)
2014-06-27 43 0 MEMORANDUM OF LAW in Support re: 40 MOTION for Summary Judgment . . Document filed by 878 Education,LLC,, Alfonso Garcia, Alex Oliner. (Mehnert, Matthew) (Entered: 06/27/2014)
2014-07-01 44 0 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/16/2014 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Ann Hairston, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/25/2014. Redacted Transcript Deadline set for 8/4/2014. Release of Transcript Restriction set for 10/2/2014.(Rodriguez, Somari) (Entered: 07/01/2014)
2014-07-01 45 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/16/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 07/01/2014)
2014-07-17 46 0 LETTER addressed to Judge Richard J. Sullivan re: Plaintiff's Request to exceed the page limitation with regard to two exhibits to Plaintiff's opposition to Defendants' motion for summary judgment.. Document filed by Elizabeth Manon.(Umansky, Alex) (Entered: 07/17/2014)
2014-07-17 47 0 MEMO ENDORSEMENT on 46 Letter, filed by Elizabeth Manon re: that Plaintiff be allowed to exceed the page limitations for certain exhibits contained in opposition to Defendants' motion for summary judgment. ENDORSEMENT: So Ordered. (Signed by Judge Richard J. Sullivan on 7/17/2014) (cd) (Entered: 07/18/2014)
2014-07-18 48 0 MEMORANDUM OF LAW in Opposition re: 40 MOTION for Summary Judgment . . Document filed by Elizabeth Manon. (Umansky, Alex) (Entered: 07/18/2014)
2014-07-18 49 0 COUNTER STATEMENT TO 42 Rule 56.1 Statement. Document filed by Elizabeth Manon. (Umansky, Alex) (Entered: 07/18/2014)
2014-07-18 50 0 DECLARATION of Alex Umansky in Opposition re: 40 MOTION for Summary Judgment .. Document filed by Elizabeth Manon. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Umansky, Alex) (Entered: 07/18/2014)
2014-08-01 51 0 REPLY MEMORANDUM OF LAW in Support re: 40 MOTION for Summary Judgment . . Document filed by 878 Education,LLC,, Alfonso Garcia, Alex Oliner. (Mehnert, Matthew) (Entered: 08/01/2014)