Case Details

CourtSouthern District of New York
Docket number1:11-cv-02192
Date case filed2011-03-30
Date case closed2013-09-19
Date of latest filing
Assigned toJudge Paul G. Gardephe
Case cause42:2000e-2e Job Discrimination (Unlawful Employment Practices)
Nature of suit442 Civil Rights: Jobs
Jury demandPlaintiff
Demand
JurisdictionFederal Question

Case Parties

Party: Bernard White
Party type: Plaintiff
Attorney name: Patrick James Boyd
Attorney Contact:
The Boyd Law Group, PLLC
370 Lexington Ave., Suite 1012
New York, NY 10017
(212)-867-3675
Fax: (212)-867-5765
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Pacifica Foundation
Party type: Defendant
Attorney name: Marjorie N. Kaye , Jr
Attorney Contact:
Jackson Lewis P.C. (PA)
3 Parkway 1601 Cherry St.
Philadelphia, PA 19102
267-319-7816
Fax: 215-399-2249
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Daniel David Schudroff
Attorney Contact:
Jackson Lewis LLP (NY)
666 Third Avenue
29th Floor
New York, NY 10017
(212) 545-4000
Fax: (212) 972-3213
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Russell B Berger
Attorney Contact:
Offit Kurman P.A.
8171 Maple Lawn Blvd. Suite 200
Fulton, MD 20759
443-738-1549
Fax: 301-575-0335
Email: [email protected]
TERMINATED: 01/19/2012 PRO HAC VICE
Party: Stephen M. Brown
Party type: Defendant
Attorney name: Christine Marie Fitzgerald
Attorney Contact:
Hughes Hubbard & Reed LLP (NY)
One Battery Park Plaza
New York, NY 10004
(212) 837-6374
Fax: (212) 299-6374
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Jonathan N. Misk
Attorney Contact:
Hughes Hubbard & Reed LLP (NY)
One Battery Park Plaza
New York, NY 10004
(212) 837-6000
Fax: (212) 299-6535
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Ned Henry Bassen
Attorney Contact:
Hughes Hubbard & Reed LLP (NY)
One Battery Park Plaza
New York, NY 10004
(212)837-6000
Fax: (212)299-6090
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Russell B Berger
Attorney Contact:
(See above for address)
TERMINATED: 01/19/2012 PRO HAC VICE

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12011-03-30 COMPLAINT against Stephen M. Brown, Pacifica Foundation. (Filing Fee $ 350.00, Receipt Number 933369)Document filed by Bernard White.(rdz) (rdz). (Entered: 03/31/2011)
22011-06-17 NOTICE OF APPEARANCE by Marjorie N. Kaye, Jr on behalf of Pacifica Foundation (Kaye, Marjorie) (Entered: 06/17/2011)
32011-06-17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pacifica Foundation.(Kaye, Marjorie) (Entered: 06/17/2011)
42011-06-17 NOTICE OF APPEARANCE by Daniel David Schudroff on behalf of Pacifica Foundation (Schudroff, Daniel) (Entered: 06/17/2011)
52011-06-17 CERTIFICATE OF SERVICE of Notices of Appearance and Rule 7.1 Statement served on Patrick James Boyd on 6/17/2011. Document filed by Pacifica Foundation. (Schudroff, Daniel) (Entered: 06/17/2011)
62011-06-17 ENDORSED LETTER addressed to Judge Paul G. Gardephe from Robert L. Schonfeld dated 6/16/2011 re: Requesting an extension of the time to respond to the complaint to July 18, 2011 to respond to the complaint. ENDORSEMENT: The application is granted. (Signed by Judge Paul G. Gardephe on 6/16/2011) (jpo) (Entered: 06/17/2011)
72011-06-17 STIPULATION EXTENDING DEFENDANT'S TIME TO ANSWER MOVE OR OTHERWISE RESPOND: 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 up to and including July 8, 2011. (Signed by Judge Paul G. Gardephe on 6/17/2011) (jpo) (Entered: 06/17/2011)
82011-07-08 ANSWER to 1 Complaint. Document filed by Pacifica Foundation.(Kaye, Marjorie) (Entered: 07/08/2011)
92011-07-11 ORDER OF AUTOMATIC REFERRAL TO MEDIATION (See M-10-468 Order filed July 15, 2010) Mediator to be Assigned by 7/21/2011. Mediator Expertise Request due by 7/18/2011. (Signed by Judge Loretta A. Preska on 01/03/11) (sc) (Entered: 07/11/2011)
102011-07-11 NOTICE OF PRETRIAL CONFERENCE: Initial Conference set for 8/31/2011 at 10:00 AM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 7/11/11) (laq) (Entered: 07/11/2011)
112011-08-08 NOTICE of Substitution of Attorney. Old Attorney: Moritt Hock & Hamroff LLP, New Attorney: Hughes Hubbard & Reed LLP, Address: One Battery Park Plaza, New York, New York, U.S.A. 10004, 212-837-6000. Document filed by Stephen M. Brown. (Bassen, Ned) (Entered: 08/08/2011)
122011-08-09 CERTIFICATE OF SERVICE of Substitution of Counsel and Affirmation of Robert L. Schonfeld served on All Counsel and Parties on August 9, 2011. Service was made by E-Mail. Document filed by Stephen M. Brown. (Fitzgerald, Christine) (Entered: 08/09/2011)
132011-08-22 ENDORSED LETTER addressed to Judge Paul G. Gardephe from Christine M. Fitzgerald dated 8/15/2011 re: We will be representing defendant Stephen M. Brown and write concerning the initial pre-trial and pre-motion conference scheduled for August 31, 2011 at 10:00 a.m. We request that the Court reschedule the conference for October 5, 2011 at 10:15 a.m. ENDORSEMENT: So ordered. (Signed by Judge Paul G. Gardephe on 8/22/2011) (lmb) (Entered: 08/22/2011)
142011-08-22 SUBSTITUTION OF COUNSEL: Please take notice that: Ned H. Bassen, Christine M. Fitzgerald, and Jonathan Misk of Hughes Hubbard & Reed LLP are being substituted as counsel of record for Defendant Stephen M. Brown in this action, replacing the firm Moritt Hock & Hamroff LLP. (Signed by Judge Paul G. Gardephe on 8/22/2011) (js) (Entered: 08/22/2011)
152011-08-25 NOTICE OF APPEARANCE by Ned Henry Bassen on behalf of Stephen M. Brown (Bassen, Ned) (Entered: 08/25/2011)
162011-08-25 NOTICE OF APPEARANCE by Christine Marie Fitzgerald on behalf of Stephen M. Brown (Fitzgerald, Christine) (Entered: 08/25/2011)
172011-09-09 NOTICE OF APPEARANCE by Jonathan N. Misk on behalf of Stephen M. Brown (Misk, Jonathan) (Entered: 09/09/2011)
182011-10-07 ORDER: After consultation with the parties at the October 5, 2011 initial conference, the following schedule is hereby adopted: Plaintiff will file any amended complaint by October 19, 2011. If Defendant Brown wishes to file a motion to dismiss the amended complaint, he will submit a letter to the Court by October 26, 2011, proposing a briefing schedule. It is further ordered that there shall be a status conference on January 5, 2012 at 11:15 a.m. in Courtroom 6B of the United States Courthouse, 500 Pearl Street, New York, New York. ( Amended Pleadings due by 10/19/2011., Status Conference set for 1/5/2012 at 11:15 AM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 10/5/2011) (mro) (Entered: 10/07/2011)
192011-10-19 FIRST AMENDED COMPLAINT amending 1 Complaint against Stephen M. Brown, Pacifica Foundation with JURY DEMAND.Document filed by Bernard White. Related document: 1 Complaint filed by Bernard White.(pl) (Entered: 10/25/2011)
202011-11-03 ENDORSED LETTER addressed to Judge Paul G. Gardephe from Ned H. Bassen dated 10/26/11 re: Counsel for the defendant Stephen M. Brown requests that the Court schedule a pre-motion conference to discuss a motion for sanctions by Mr. Brown, seeking withdrawal of the amended allegations. ENDORSEMENT: A telephonic pre-motion conference will be conducted on November 9, 2011 at 5:00 p.m. Plaintiff is directed to respond to this letter by 5:00 p.m. on Nov. 7, 2011. ( Telephone Conference set for 11/9/2011 at 05:00 PM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 11/2/2011) (mro) (Entered: 11/03/2011)
212011-11-08 ANSWER to 19 Amended Complaint. Document filed by Pacifica Foundation.(Kaye, Marjorie) (Entered: 11/08/2011)
222011-11-08 ANSWER to 19 Amended Complaint. Document filed by Stephen M. Brown. (Attachments: # 1 Certificate of Service)(Bassen, Ned) (Entered: 11/08/2011)
232011-11-10 ORDER:It is hereby ORDERED that the telephone conference originally scheduled for November 9, 2011 is adjourned until November 14, 2011 at 5:30 p.m. The parties are directed to initiate the call and then call Chambers at 212-805-0224. ( Telephone Conference set for 11/14/2011 at 05:30 PM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 11/9/2011) (lmb) (Entered: 11/10/2011)
242011-11-15 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting further proceedings before a Magistrate Judge. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is: 4 days. Deposition due by 2/14/2012. Fact Discovery due by 2/14/2012. Pretrial Conference set for 2/14/2012 at 10:00 AM before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 11/14/2011) (jfe) Modified on 11/15/2011 (jfe). (Entered: 11/15/2011)
252012-01-23 ENDORSED LETTER addressed to Judge Paul G. Gardephe from Patrick J. Boyd dated 1/17/2012 re: Plaintiff and defendant jointly request a slight extension of discovery. The discovery deadline in this matter is currently scheduled for 2/14/2012. Plaintiff and Defendant have agreed to extend the discovery deadline through and until March 30, 2012. ENDORSEMENT: The status conference is adjourned to April 3, 2012 at 10:30 a.m. ( Status Conference set for 4/3/2012 at 10:30 AM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 1/20/2012) (js) Modified on 1/26/2012 (jfe). (Entered: 01/23/2012)
272012-03-01 ENDORSED LETTER addressed to Judge Paul G. Gardephe from Patrick J. Boyd and Christine Fitzgerald dated 2/9/2012 re: Enclosed please find a joint submission from Plaintiff Bernard White ("Plaintiff") and Defendant Stephen M. Brown ("Defendant Brown") relating to a discovery dispute. ENDORSEMENT: Defendant Brown will respond to Plaintiff's outstanding discovery requests by March 9, 2012. (Signed by Judge Paul G. Gardephe on 2/29/2012) (lmb) (Entered: 03/01/2012)
282012-03-30 ENDORSED LETTER addressed to Judge Paul G. Gardephe from Patrick Boyd dated 3/27/2012 re: Counsel respectfully request a 45 day enlargement of the factual discovery period to and including 5/14/12. The parties respectfully request that the conference scheduled for 4/3/12 be adjourned. ENDORSEMENT: The application is granted. The conference is adjourned to May 24, 2012 at 10:00 a.m. Counsel are expected to complete all necessary discovery by 5/14/12. ( Status Conference set for 5/24/2012 at 10:00 AM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 3/30/2012) (jfe) Modified on 3/30/2012 (jfe). (Entered: 03/30/2012)
292012-05-10 STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER... regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Paul G. Gardephe on 5/9/2012) (rjm) (Entered: 05/10/2012)
302012-05-25 ORDER: that the following briefing schedule will apply to Defendants' motion for summary judgment: 1. Defendants' motion will be due by July 9, 2012. 2. Plaintiff's opposition will be due by August 9, 2012. 3. Defendants' reply, if any, will be due by August 23, 2012. ( Motions due by 7/9/2012., Responses due by 8/9/2012, Replies due by 8/23/2012.) (Signed by Judge Paul G. Gardephe on 5/25/2012) (pl) (Entered: 05/25/2012)
312012-08-01 ENDORSED LETTER: addressed to Judge Paul G. Gardephe from Patrick Boyd dated 7/23/2012 re: Defendants filed their Motions for Summary Judgment on July 9, 2012, By consent, the parties agree to extend Plaintiff's deadline to submit his opposition papers from August 9 through and until September 10, 2012. The parties further agree to extend Defendants' deadline to submit their reply papers from August 23, 2012 through and until October 10, 2012. ENDORSEMENT: The Application is granted. So Ordered. (Signed by Judge Paul G. Gardephe on 7/31/2012) (js) (Entered: 08/01/2012)
322012-09-05 ENDORSED LETTER addressed to Judge Paul G. Gardephe from (Jointly submitted by Patrick Boyd, Marjorie N. Kaye, Jr. and Ned Bassen) dated 8/29/2012 re: Joint submission by Plaintiff and Defendants requesting an extension of Summary Judgment schedule. Plaintiff requests to extend deadline to submit his opposition papers from September 10, 2012 through and until September 24, 2012. Defendants request to extend deadline to submit their reply papers from October 10, 2012 through and until November 7, 2012. ENDORSEMENT: Application is granted. So Ordered. ( Responses due by 9/24/2012, Replies due by 11/7/2012.) (Signed by Judge Paul G. Gardephe on 9/4/2012) (ago) (Entered: 09/05/2012)
332012-11-05 ENDORSED LETTER addressed to Judge Paul G. Gardephe from Marjorie N. Kaye, Jr., Daniel D. Schundroff; dated 11/5/2012, re: Counsel writes: This is a joint submission to request an extension to the briefing schedule on Defendants' Motions for Summary Judgment. Defendants Pacifica Foundation and Stephen Brown request, and Plaintiff Bernard White consents, to extend Defendants' deadline to submit their reply papers from November 7, 2012 through and until November 15, 2012. ENDORSEMENT: The application is granted. So Ordered. (Replies due by 11/15/2012) (Signed by Judge Paul G. Gardephe on 11/5/2012) (lnl) (Entered: 11/07/2012)
342012-11-15 MOTION for Summary Judgment. Document filed by Pacifica Foundation.(Kaye, Marjorie) (Entered: 11/15/2012)
352012-11-15 MEMORANDUM OF LAW in Support re: 34 MOTION for Summary Judgment.. Document filed by Pacifica Foundation. (Kaye, Marjorie) (Entered: 11/15/2012)
362012-11-15 RULE 56.1 STATEMENT. Document filed by Pacifica Foundation. (Kaye, Marjorie) (Entered: 11/15/2012)
372012-11-15 DECLARATION of MARJORIE KAYE, JR. in Support re: 34 MOTION for Summary Judgment.. Document filed by Pacifica Foundation. (Attachments: # 1 Exhibit 1-9, # 2 Exhibit 10-15)(Kaye, Marjorie) (Entered: 11/15/2012)
382012-11-15 DECLARATION of MARJORIE KAYE, JR. (SUPPLEMENTAL) in Support re: 34 MOTION for Summary Judgment.. Document filed by Pacifica Foundation. (Attachments: # 1 Exhibit 16 PART 1, # 2 Exhibit 16 PART 2)(Kaye, Marjorie) (Entered: 11/15/2012)
392012-11-15 CERTIFICATE OF SERVICE of Notice of Motion For Summary Judgment and supporting documents served on Patrick James Boyd, William Li, Christine Marie Fitzgerald, Ned Henry Bassen, on 07/09/2012. Service was made by MAIL. Document filed by Pacifica Foundation. (Schudroff, Daniel) (Entered: 11/15/2012)
402012-11-15 REPLY MEMORANDUM OF LAW in Support re: 34 MOTION for Summary Judgment.. Document filed by Pacifica Foundation. (Kaye, Marjorie) (Entered: 11/15/2012)
412012-11-15 RULE 56.1 STATEMENT. Document filed by Pacifica Foundation. (Kaye, Marjorie) (Entered: 11/15/2012)
422012-11-15 REPLY AFFIDAVIT of MARJORIE KAYE, JR. (DECLARATION IN FURTHER SUPPORT OF SJ MOTION) in Support re: 34 MOTION for Summary Judgment.. Document filed by Pacifica Foundation. (Kaye, Marjorie) (Entered: 11/15/2012)
432012-11-15 CERTIFICATE OF SERVICE of Reply Memorandum of Law, Rebuttal Local Rule 56.1 Statement, Reply Declaration of Marjorie N. Kaye Jf. served on Patrick James Boyd, William Li, Christine Marie Fitzgerald, Ned Henry Bassen, on 11/15/2012. Service was made by MAIL. Document filed by Pacifica Foundation. (Schudroff, Daniel) (Entered: 11/15/2012)
442012-11-15 DECLARATION of LaVarn Williams in Support re: 34 MOTION for Summary Judgment.. Document filed by Pacifica Foundation. (Kaye, Marjorie) (Entered: 11/15/2012)
452012-11-15 MOTION for Summary Judgment. Document filed by Stephen M. Brown. (Attachments: # 1 Certificate of Service via Electronic Mail and Federal Express on July 9, 2012)(Bassen, Ned) (Entered: 11/15/2012)
462012-11-15 MEMORANDUM OF LAW in Support re: 45 MOTION for Summary Judgment.. Document filed by Stephen M. Brown. (Attachments: # 1 Certificate of Service via Electronic Mail and Federal Express on July 9, 2012)(Bassen, Ned) (Entered: 11/15/2012)
472012-11-15 RULE 56.1 STATEMENT. Document filed by Stephen M. Brown. (Attachments: # 1 Certificate of Service via Electronic Mail and Federal Express on July 9, 2012)(Bassen, Ned) (Entered: 11/15/2012)
482012-11-15 AFFIRMATION of Ned H. Bassen in Support re: 45 MOTION for Summary Judgment.. Document filed by Stephen M. Brown. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Certificate of Service via Electronic Mail and Federal Express on July 9, 2012)(Bassen, Ned) (Entered: 11/15/2012)
492012-11-15 RESPONSE to Plaintiff's Statement of Undisputed Material Facts. Document filed by Stephen M. Brown. (Attachments: # 1 Certificate of Service via the Electronic Case Filing System on November 15, 2012)(Bassen, Ned) (Entered: 11/15/2012)
502012-11-15 REPLY MEMORANDUM OF LAW in Support re: 45 MOTION for Summary Judgment.. Document filed by Stephen M. Brown. (Attachments: # 1 Certificate of Service via the Electronic Case Filing System on November 15, 2012)(Bassen, Ned) (Entered: 11/15/2012)
512012-11-15 AFFIRMATION of Ned H. Bassen in Support re: 45 MOTION for Summary Judgment.. Document filed by Stephen M. Brown. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Certificate of Service via the Electronic Case Filing System on November 15, 2012)(Bassen, Ned) (Entered: 11/15/2012)
522012-11-15 FIRST MEMORANDUM OF LAW in Opposition re: 34 MOTION for Summary Judgment.. Document filed by Bernard White. (Boyd, Patrick) (Entered: 11/15/2012)
532012-11-15 AFFIRMATION of PATRICK J. BOYD in Opposition re: 34 MOTION for Summary Judgment.. Document filed by Bernard White. (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 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q)(Boyd, Patrick) (Entered: 11/15/2012)
542012-11-15 COUNTER STATEMENT TO 36 Rule 56.1 Statement. Document filed by Bernard White. (Boyd, Patrick) (Entered: 11/15/2012)
552012-11-15 FIRST MEMORANDUM OF LAW in Opposition re: 45 MOTION for Summary Judgment.. Document filed by Bernard White. (Boyd, Patrick) (Entered: 11/15/2012)
562012-11-15 COUNTER STATEMENT TO 47 Rule 56.1 Statement. Document filed by Bernard White. (Boyd, Patrick) (Entered: 11/15/2012)
572012-11-15 AFFIRMATION of PATRICK J. BOYD in Opposition re: 45 MOTION for Summary Judgment.. Document filed by Bernard White. (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 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q)(Boyd, Patrick) (Entered: 11/15/2012)
582013-02-19 NOTICE OF CHANGE OF ADDRESS by Marjorie N. Kaye, Jr on behalf of Pacifica Foundation. New Address: Jackson Lewis LLP, 3 Pkwy, 1601 Cherry St, Philadelphia, PA, United States 19102, 2153992249. (Kaye, Marjorie) (Entered: 02/19/2013)
592013-09-19 MEMORANDUM OPINION & ORDER: For the reasons stated above, Pacifica and Brown's motions for summary judgment are GRANTED. The Clerk of Court is respectfully requested to terminate the motions (Dkt. Nos. 34,45) and to close this case. (Signed by Judge Paul G. Gardephe on 9/16/2013) (cd) (Entered: 09/19/2013)
602013-09-19 CLERK'S JUDGMENT: That for the reasons stated in the Court's Memorandum Opinion and Order dated September 16, 2013, Pacifica and Brown's motions for summary judgment are granted; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 9/19/2013) (Attachments: # 1 Notice of Right to Appeal)(dt) (Entered: 09/19/2013)