Case Details

CourtSouthern District of New York
Docket number1:12-cv-04019
Date case filed2012-05-21
Date case closed
Date of latest filing
Assigned toJudge Andrew L. Carter, Jr
Case cause28:1331 Fed. Question
Nature of suit890 Other Statutory Actions
Jury demandPlaintiff
Demand
JurisdictionFederal Question

Case Parties

Party: James Lopresti
Party type: Plaintiff
Attorney name: Russell S. Moriarty
Attorney Contact:
Levine & Blit, Pllc
Empire State Builidng, 350 Fifith Avenue, Suite 6902
New York, NY 10118
(212)-967-3000
Fax: (212)-967-3010
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Carrier Corp.
Party type: Defendant
Attorney name: Alnisa Shakirah Bell
Attorney Contact:
Seyfarth Shaw LLP
620 Eighth Avenue
New York, NY 10018-1405
(212)-218-5532
Fax: (212)-218-5526
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Christopher F. Robertson
Attorney Contact:
Seyfarth Shaw LLP(Boston)
2 Seaport Lane, Suite 300
Boston, MA 02210
(617)-946-4989
Fax: (617)-946-4801
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Jeremi L. Chylinski
Attorney Contact:
Seyfarth Shaw L.L.P.
620 Eighth Avenue
New York, NY 10018-1405
(212)-218-5257
Fax: (212)-218-5526
Email: [email protected]
TERMINATED: 04/19/2013 LEAD ATTORNEY

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12012-05-21 COMPLAINT against Carrier Corp. (Filing Fee $ 350.00, Receipt Number 8850)Document filed by James Lopresti.(ama) (mro). (Entered: 05/23/2012)
22012-05-24 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 Kevin Nathaniel Fox. (Signed by Judge Andrew L. Carter, Jr on 5/24/2012) (mro) (Entered: 05/24/2012)
32012-08-02 STIPULATION AND ORDER: It is hereby stipulated and agreed, by and between the undersigned parties, through their respective counsel, that the time for defendant Carrier Corp. to answer, move or otherwise respond to the Complaint in this action is extended up to and including August 17, 2012., Carrier Corp. answer due 8/17/2012. (Signed by Judge Andrew L. Carter, Jr on 8/2/2012) (lmb) (Entered: 08/02/2012)
42012-08-13 AFFIDAVIT OF SERVICE. Carrier Corp. served on 7/11/2012, answer due 8/17/2012. Service was accepted by John Fino. Document filed by James Lopresti. (Moriarty, Russell) (Entered: 08/13/2012)
52012-08-17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent United Technologies Corporation for Carrier Corp.. Document filed by Carrier Corp..(Chylinski, Jeremi) (Entered: 08/17/2012)
62012-08-17 ANSWER to 1 Complaint. Document filed by Carrier Corp..(Chylinski, Jeremi) (Entered: 08/17/2012)
72012-09-11 ORDER: An initial pretrial conference will be held in the above-captioned action on October 15, 2012, at 3:00 p.m., in courtroom 20A, 500 Pearl Street, New York, New York. At least five (5) days before the conference, the parties must meet or confer by telephone to discuss the matters specified in Fed. R. Civ. P. 26(f) and must complete the attached questionnaire. Initial Conference set for 10/15/2012 at 03:00 PM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Judge Andrew L. Carter Jr. (Signed by Magistrate Judge Kevin Nathaniel Fox on 9/10/2012) (js) (Entered: 09/11/2012)
82012-10-18 ORDER: Amended Pleadings due by 11/30/2012. Discovery due by 3/1/2013. Joinder of Parties due by 11/30/2012. Pretrial Order due by 4/1/2013. Settlement Conference set for 3/5/2013 at 10:30 AM before Magistrate Judge Kevin Nathaniel Fox. Telephone Conference set for 1/28/2013 at 02:30 PM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 10/16/2012) (Entered: 10/18/2012)
92013-02-28 ENDORSED LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Russell S. Moriarty dated 2/28/2013 re: We write to respectfully request a thirty (30) day extension of the discovery end date, from 3/1/2013 to 3/31/2013. ENDORSEMENT: Application denied for failure to show good cause for the requested modification of the Court's scheduling order. See Fed. R. Civ. P. 16 (b)(4). (Signed by Magistrate Judge Kevin Nathaniel Fox on 2/28/2013) (lmb) (Entered: 03/01/2013)
102013-03-01 ENDORSED LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Russell S. Moriarty dated 3/1/2013 re: I write to respectfully request the Court reconsider its recent Order denying a thirty (30) day extension of the discovery deadline. ENDORSEMENT: Application for reconsideration denied. A motion for reconsideration must be accompanied by a memorandum of law identifying "the matters or controlling decisions which counsel believes the Court overlooked." Local Civil Rule 6.3 Controlling decisions or factual matters that were not put before the Court on the underlying motion may not be raised, for the first time, on a motion for reconsideration. See Ashley Meadows Farm Inc. v. Am. Horse Shows Assoc., Inc., 624 F. Supp. 856, 85T (S.D.N.Y. 1985). Here, no reconsideration motion accompanied by a memorandum of law was made, in contravention of Local Civil Rule 6.1. Furthermore, in urging the Court to reconsider its denial of the plaintiff's request that the scheduling order be modified, the plaintiff presented facts through the instant letter that were not presented to the Court in the plaintiff's underlying application. In addition, contrary to the assertion made in the instant letter, that the Court failed to act on a request to modify the scheduling order made by the plaintiff during a January 28, 2013 telephonic conference, the record of that conference establishes that the Court did act on the request; the Court denied the request because the plaintiff did not show that good cause for modifying the scheduling order existed. (Signed by Magistrate Judge Kevin Nathaniel Fox on 3/1/2013) (lmb) (Entered: 03/01/2013)
112013-04-02 NOTICE OF APPEARANCE by Christopher F. Robertson on behalf of Carrier Corp. (Attachments: # 1 Certificate of Service)(Robertson, Christopher) (Entered: 04/02/2013)
122013-04-02 ENDORSED LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Christopher F. Robertson dated 4/1/2013 re: Counsel for Defendant request that the filing of a pretrial order be deferred until the summary judgment motion is briefed and decided, as the need for a pretrial order may be necessary. ENDORSEMENT: Counsel to the defendant shall advise the Court on or before April 8, 2013, whether the assigned district judge has authorized the defendant to file the above-noted summary judgment motion. SO ORDERED. (rsh) (Entered: 04/02/2013)
132013-04-08 ENDORSED LETTER: addressed to Magistrate Judge Kevin Nathaniel Fox from Christopher F. Robertson dated 4/8/2013 re: Counsel for parties respectfully request an adjournment of the filing deadline of the pretrial order as Judge Carter is considering Defendant's request to file summary judgment. ENDORSEMENT: Application granted. The filing of the joint pretrial order is adjourned sine die. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 4/8/2013) (rsh) (Entered: 04/08/2013)
142013-04-12 ENDORSED LETTER: addressed to Judge Andrew L. Carter Jr. from Christopher F. Robertson dated 4/5/2013 re: For each of the reasons set forth above, Carrier respectfully requests a pre-motion conference and is prepared to file its summary judgment motion by April 26, 2013. ENDORSEMENT: The parties should submit a Joint Proposed Briefing schedule to the Court for Defendants' Motion for Summary Judgment by April 19, 2013. So Ordered. (Signed by Judge Andrew L. Carter, Jr on 4/12/2013) (js) (Entered: 04/12/2013)
152013-04-19 MEMO ENDORSEMENT on Notice of Withdrawal of Appearance of Jeremi L. Chylinski of the law firm Seyfarth Shaw LLP. ENDORSEMENT: So Ordered. (Signed by Judge Colleen McMahon on 4/18/2013) (cd) (Entered: 04/19/2013)
162013-04-23 ENDORSED LETTER: addressed to Judge Andrew L. Carter Jr. from Christopher F. Robertson dated 4/19/2013 re: Counsel for Defendant write according to Your Honor's April 12, 2013 Order (Docket No. 14), the parties jointly submit a proposed briefing schedule for summary judgment. The parties have agreed to extend the traditional filing deadlines for Opposition and reply papers, and jointly submit this request as follows: Deadline for Carrier to file summary judgment motion papers 5/29/2013. The deadline for Plaintiff to file an opposition brief 6/24/2013. The deadline for Carrier to file a reply brief 7/9/2013. ENDORSEMENT: So Ordered.) (Signed by Judge Andrew L. Carter, Jr on 4/23/2013) (js) (Entered: 04/23/2013)
172013-05-29 NOTICE OF APPEARANCE by Alnisa Shakirah Bell on behalf of Carrier Corp. (Bell, Alnisa) (Entered: 05/29/2013)
182013-05-29 MOTION for Summary Judgment. Document filed by Carrier Corp.. (Attachments: # 1 Certificate of Service)(Robertson, Christopher) (Entered: 05/29/2013)
192013-05-29 MEMORANDUM OF LAW in Support re: 18 MOTION for Summary Judgment.. Document filed by Carrier Corp.. (Attachments: # 1 Compendium of Unreported Decisions Cited in Memorandum of Law - Tabs 1-3, # 2 Compendium of Unreported Decisions Cited in Memorandum of Law - Tabs 4-5, # 3 Compendium of Unreported Decisions Cited in Memorandum of Law - Tabs 6-7)(Robertson, Christopher) (Entered: 05/29/2013)
202013-05-29 RULE 56.1 STATEMENT. Document filed by Carrier Corp.. (Robertson, Christopher) (Entered: 05/29/2013)
212013-05-29 DECLARATION of Christopher F. Robertson in Support re: 18 MOTION for Summary Judgment.. Document filed by Carrier Corp.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C - Pt. 1, # 4 Exhibit C - Pt. 2, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I)(Robertson, Christopher) (Entered: 05/29/2013)
222013-05-29 DECLARATION of Donna Bradley in Support re: 18 MOTION for Summary Judgment.. Document filed by Carrier Corp.. (Robertson, Christopher) (Entered: 05/29/2013)