Smith v. National Basketball Association, Inc. et al

Plaintiff:Annette Smith
Defendant:National Basketball Association, Inc. and Bernard Tolbert
 
Case Number:1:2008cv07888
Filed:September 10, 2008
 
Court:New York Southern District Court
Office:Civil Rights: Jobs Office [ Court Info ]
County:XX Out of State
Presiding Judge:Judge William H. Pauley III
 
Nature of Suit:Civil Rights - Employment
Cause:Diversity
Jurisdiction:Diversity
Jury Demanded By:28:1332 Diversity-(Citizenship)
Date Filed # Docket Text
September 10, 2008 1 COMPLAINT against National Basketball Association, Inc., Bernard Tolbert. (Filing Fee $ 350.00, Receipt Number 662658)Document filed by Annette Smith.(rdz) (Entered: September 15, 2008)
September 10, 2008 SUMMONS ISSUED as to National Basketball Association, Inc., Bernard Tolbert. (rdz) (Entered: September 15, 2008)
September 10, 2008 Magistrate Judge Ronald L. Ellis is so designated. (rdz) (Entered: September 15, 2008)
September 10, 2008 Case Designated ECF. (rdz) (Entered: September 15, 2008)
September 19, 2008 2 AFFIDAVIT OF SERVICE. Bernard Tolbert served on 9/17/2008, answer due 10/7/2008. Service was accepted by Michelle Pujals, VP and Assist General Counsel. Document filed by Annette Smith. (Kohn, Kevin) (Entered: September 19, 2008)
October 6, 2008 3 AFFIDAVIT OF SERVICE. National Basketball Association, Inc. served on 9/25/2008, answer due 10/15/2008. Service was accepted by Michele Pujals VP. Document filed by Annette Smith. (Kohn, Kevin) (Entered: October 6, 2008)
October 7, 2008 4 NOTICE OF APPEARANCE by Howard L. Ganz on behalf of National Basketball Association, Inc., Bernard Tolbert (Ganz, Howard) (Entered: October 7, 2008)
October 7, 2008 5 NOTICE OF APPEARANCE by Evandro Cristiano Gigante on behalf of National Basketball Association, Inc., Bernard Tolbert (Gigante, Evandro) (Entered: October 7, 2008)
October 9, 2008 6 ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/16/2009 at 10:30 AM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 10/6/08) Copies Mailed By Chambers.(mme) (Entered: October 9, 2008)
October 22, 2008 7 STIPULATION AND ORDER: The time within which Defendants must answer, move against, or otherwise respond to the Complaint, is extended to and including 11/10/2008. (Signed by Judge William H. Pauley, III on 10/22/08) (tro) (Entered: October 23, 2008)
November 10, 2008 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by National Basketball Association, Inc., Bernard Tolbert.(Gigante, Evandro) (Entered: November 10, 2008)
November 10, 2008 9 ANSWER to Complaint. Document filed by National Basketball Association, Inc., Bernard Tolbert.(Gigante, Evandro) (Entered: November 10, 2008)
January 21, 2009 10 SCHEDULING ORDER: The parties having appeared for a conference on January 16, 2009, the following schedule is established on consent: 1. All fact discovery shall be complete by May 15, 2009. 2. The parties shall file a joint pre-trial order in accord with this Court's individual practices by June 15, 2009. 3. This Court will hold a final pre-trial conference on June 19, 2009 at 10:30 a.m. (Signed by Judge William H. Pauley, III on 1/16/2009) (jfe) (Entered: January 21, 2009)
March 17, 2009 11 CONFIDENTIALITY STIPULATION AND ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge William H. Pauley, III on 3/16/2009) (jfe) (Entered: March 17, 2009)
May 13, 2009 12 REVISED SCHEDULING ORDER: that the following revised scheduling order is established on consent of the parties: 1. All fact discovery shall be complete by May 29, 2009; 2. The parties shall file a joint pre-trial order in accordance with this Court's individual practices by June 29, 2009; and 3. This Court will hold a final pre-trial conference on July 13, 2009 at 10:30 a.m. (Signed by Judge William H. Pauley, III on 5/13/09) (pl) (Entered: May 13, 2009)
June 2, 2009 13 ENDORSED LETTER addressed to Judge William H. Pauley III from Evandro C. Gigante dated 5/26/2009 re: Requesting that any expert discovery be deferred until after the Court determines whether to grant Defendants leave to file a motion for summary judgment and if such leave is granted, until after the Court rules on such a motion. ENDORSEMENT: Application Granted. (Signed by Judge William H. Pauley, III on 6/1/2009) (jpo) (Entered: June 8, 2009)
June 19, 2009 14 ENDORSED LETTER addressed to Judge William H. Pauley III from ;Howard L. Ganz dated 6/12/09 re: counsel for defendants respectfully request a pre-motion conference to discuss Defendants' proposed Motion for Summary Judgment this action. We also request that the pre-trial conference and the parties' submission of a pre-trial order be deferred until the disposition of the contemplated motion. ENDORSEMENT: application granted. The Court will hold a pre-motion conference at June 29, 2009 at 10:30 a.m. (Signed by Judge William H. Pauley, III on 6/18/09) (pl) (Entered: June 19, 2009)
June 30, 2009 15 SCHEDULING ORDER NO. 2: Defendants shall file and serve their motion for summary judgment on 7/29/09. Plaintiff shall file and serve her opposition to the motion by 8/28/09. Defendants shall file and serve their reply on the motion by 9/10/09. Oral Argument set for 9/25/2009 at 10:15 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 6/29/09) (tro) (Entered: June 30, 2009)
July 29, 2009 16 MOTION for Summary Judgment. Document filed by National Basketball Association, Inc., Bernard Tolbert. Return Date set for 9/25/2009 at 10:15 AM.(Ganz, Howard) (Entered: July 29, 2009)
July 29, 2009 17 DECLARATION of Howard L. Ganz, Esq. in Support re: 16 MOTION for Summary Judgment.. Document filed by National Basketball Association, Inc., Bernard Tolbert. (Attachments: # 1 Exhibit A, # 2 Exhibit B Part 1 of 2, # 3 Exhibit B Part 2 of 2, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E Filed Under Seal, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H Filed Under Seal, # 10 Exhibit I, # 11 Exhibit J Filed Under Seal)(Ganz, Howard) (Entered: 07/29/2009)
July 29, 2009 18 MEMORANDUM OF LAW in Support re: 16 MOTION for Summary Judgment.. Document filed by National Basketball Association, Inc., Bernard Tolbert. (Ganz, Howard) (Entered: July 29, 2009)
July 29, 2009 19 RULE 56.1 STATEMENT. Document filed by National Basketball Association, Inc., Bernard Tolbert. (Ganz, Howard) (Entered: July 29, 2009)
July 29, 2009 20 CERTIFICATE OF SERVICE of Notice of Motion for Summary Judgment, Defendants' Statement of Material Undisputed Facts Pursuant to Local Civil Rule 56.1, Defendants' Memorandum of Law in Support of Motion for Summary Judgment, and Declaration of Howard L. Ganz, Esq. with Exhibits served on Plaintiff Annette Smith on 7/29/09. Service was accepted by Derek T. Smith, Esq. of Akin & Smith, LLC. Service was made by United Parcel Service Overnight Delivery. Document filed by National Basketball Association, Inc., Bernard Tolbert. (Ganz, Howard) (Entered: 07/29/2009)
July 29, 2009 21 SEALED DOCUMENT placed in vault.(jri) (Entered: July 30, 2009)
August 28, 2009 22 AFFIRMATION of letter by Ismail S. Sekendiz in Opposition re: 16 MOTION for Summary Judgment.. Document filed by Annette Smith. (Sekendiz, Ismail) (Entered: August 28, 2009)
September 10, 2009 23 REPLY AFFIRMATION of Howard L. Ganz, Esq. in Support re: 16 MOTION for Summary Judgment.. Document filed by National Basketball Association, Inc., Bernard Tolbert. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Ganz, Howard) (Entered: September 10, 2009)
September 10, 2009 24 REPLY MEMORANDUM OF LAW in Support re: 16 MOTION for Summary Judgment.. Document filed by National Basketball Association, Inc., Bernard Tolbert. (Ganz, Howard) (Entered: September 10, 2009)
September 10, 2009 25 CERTIFICATE OF SERVICE of Reply Declaration of Howard L. Ganz including exhibits attached thereto and Reply Memorandum of Law in Further Support of Defendants' Motion for Summary Judgment served on Derek T. Smith, Esq., of Akin & Smith LLC on September 10, 2009. Service was made by UPS Overnight. Document filed by National Basketball Association, Inc., Bernard Tolbert. (Gigante, Evandro) (Entered: September 10, 2009)
September 17, 2009 26 ENDORSED LETTER addressed to Judge William H. Pauley from Evandro Gigante dated 9/11/09 re: Request for a short adjournment of the oral argument on defendant's motion for summary judgment. ENDORSEMENT: Application Granted. The oral argument will be held on 9/22/09 at 4:00 pm. Set Deadlines/Hearing as to 16 MOTION for Summary Judgment. ( Motion Hearing/Oral Argument set for 9/22/2009 at 04:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 9/16/09) (cd) (Entered: September 17, 2009)
September 25, 2009 27 ORDER: It having been reported to this Court that this action has been or will be settled, the action is discontinued without costs to any party, and without prejudice to restoring it to this Court's calendar if such application is made within thirty (30) days of the date of this Order. The Clerk of Court is directed to terminate all motions pending as of this date and mark this case closed. (Signed by Judge William H. Pauley, III on 9/23/09) (tro) (Entered: September 25, 2009)
Docket Report Last Checked: November 7, 2009 16:28:44 PST
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Plaintiff: Annette Smith
Represented By: Derek Todd Smith
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Defendant: National Basketball Association, Inc.
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Defendant: Bernard Tolbert
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