Gilman v. Dolgencorp of New York, Inc. (1:16-cv-00308), New York Western District Court

New York Western District Court
Judge:Elizabeth A Wolford
Referred: Michael J Roemer
Case #: 1:16-cv-00308
Nature of Suit442 Civil Rights - Employment
Cause42:12101 Americans With Disabilities Act
Case Filed:Apr 20, 2016
Last checked: Monday Oct 17, 2016 4:49 AM EDT
Defendant
Dolgencorp of New York, Inc.
Represented By
Melissa M. Hensley
Mcguirewoods, LLP
contact info
Olga A. Bograd
Mcguirewoods, LLP
contact info
Joel S. Allen
Mcguirewoods, LLP
contact info
Joseph S. Brown
Hodgson Russ, LLP
contact info
Mediator
Krista Gottlieb
Plaintiff
Sandra L Gilman
Represented By
Josephine A. Greco
Greco Trapp, PLLC
contact info
Duane D. Schoonmaker
Greco Trapp, PLLC
contact info


Docket last updated: 11/01/2023 11:59 PM EDT
Monday, June 25, 2018
34 34 order Text Order Mon 06/25 10:50 AM
TEXT ORDER. Considering that Plaintiff has passed away and no substitution is forthcoming, and that counsel indicated to Magistrate Judge Roemer that they agreed that the matter could be dismissed without prejudice ( see Dkt. 33), the Court orders that this case be dismissed without prejudice. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 6/25/2018. (EMS)
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Tuesday, June 12, 2018
33 33 minutes Motion Hearing Wed 06/13 4:06 PM
Minute Entry for proceedings held before Hon. Michael J. Roemer. Appearances: Josephine A. Greco, Esq. on behalf of pltf; Joseph S. Brown, Esq. on behalf of deft; Olga A. Bograd, Esq. and Melissa M. Hensley, Esq. via teleconference on behalf of deft. Motion Hearing held on 6/12/2018 re 30 Second Motion for Extension of Time to File Motion to Substitute Plaintiff filed by Sandra L Gilman. Pltf counsel advised she has spoken with the children and husband of the deceased pltf and advised that she will not be representing them. Parties agreed on dismissal of this case without prejudice. Court will send such recommendation to the District Judge. (Court Reporter FTR Gold.) (RAZ)
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Friday, June 08, 2018
32 32 respm Response in Opposition to Motion Fri 06/08 3:11 PM
RESPONSE in Opposition re30 Second MOTION for Extension of Time to File Motion to Substitute Plaintiff filed by Dolgencorp of New York, Inc.. (Bograd, Olga)
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Thursday, May 31, 2018
31 31 order Text Order Thu 05/31 11:19 AM
TEXT ORDER. In light of the motion hearing scheduled for 6/12/2018 at 11:30 AM, the status conference now scheduled for 6/4/2018 at 10:30 AM is CANCELLED. SO ORDERED. Issued by Hon. Michael J. Roemer on 5/31/2018. (RAZ)
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Tuesday, May 29, 2018
utility Set Motion and R&R Deadlines/Hearings Tue 05/29 10:27 AM
SCHEDULING NOTICE as to30 Second Motion for Extension of Time to File Motion to Substitute Plaintiff . Responses due by 6/8/2018. Motion Hearing set for 6/12/2018 11:30 AM before Hon. Michael J. Roemer. (RAZ)
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Friday, May 25, 2018
30 30 motion Extension of Time to File Document Fri 05/25 3:26 PM
Second MOTION for Extension of Time to File Motion to Substitute Plaintiff by Sandra L Gilman.(Greco, Josephine)
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Att: 1 Declaration,
Att: 2 Certificate of Service
Wednesday, March 28, 2018
utility Set/Reset Hearings Wed 03/28 10:08 AM
SCHEDULING NOTICE. Status Conference set for 4/6/2018 at 10:30 AM is RESCHEDULED to 6/4/2018 at 10:30 AM before Hon. Michael J. Roemer. (RAZ)
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Tuesday, March 27, 2018
29 29 order Order on Motion for Extension of Time to File Tue 03/27 10:17 AM
TEXT ORDER granting28 Motion for Extension of Time to File Motion to Substitute Plaintiff. Motion due 5/25/2018. SO ORDERED. Issued by Hon. Michael J. Roemer on 3/27/2018. (RAZ)
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Monday, March 26, 2018
28 28 motion Extension of Time to File Document Mon 03/26 5:12 PM
MOTION for Extension of Time to File Motion to Substitute Plaintiff by Sandra L Gilman.(Greco, Josephine)
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Att: 1 Declaration,
Att: 2 Exhibit A - I,
Att: 3 Certificate of Service
Tuesday, January 09, 2018
27 27 order Text Order ~Util - Set Hearings Tue 01/09 3:50 PM
TEXT ORDER. Based upon the Suggestion of Death25 , plaintiff's motion to extend discovery26 and defendant's recent communications with the Court in response to the motion, this matter will be stayed for ninety days to allow for the substitution of parties. All deadlines in the Case Management Order will be held in abeyance. The parties are to appear before the Court on 4/6/2018 at 10:30 AM for a status conference, at which time a new Case Management Order will be issued. SO ORDERED. Issued by Hon. Michael J. Roemer on 1/9/2018. (RAZ)
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Wednesday, January 03, 2018
utility Set Motion and R&R Deadlines/Hearings Wed 01/03 2:04 PM
SCHEDULING NOTICE as to26 Motion to Expedite, Motion for Extension of Time to Complete Discovery . Responses due by 1/16/2018. Replies due by 1/22/2018. Motion Hearing set for 1/24/2018 11:30 AM before Hon. Michael J. Roemer. (RAZ)
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Thursday, December 28, 2017
26 26 motion Expedite Extension of Time to Complete Discovery Thu 12/28 5:02 PM
MOTION to Expedite , MOTION for Extension of Time to Complete Discovery by Sandra L Gilman.(Schoonmaker, Duane)
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Att: 1 Declaration,
Att: 2 Certificate of Service
25 25 misc Suggestion of Death Thu 12/28 4:46 PM
SUGGESTION OF DEATH Upon the Record as to Sandra L. Gilman by Dolgencorp of New York, Inc.. (Brown, Joseph)
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Monday, October 02, 2017
24 24 order Scheduling Order Mon 10/02 4:33 PM
SECOND AMENDED CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Motions to Compel Discovery due by 12/29/2017. Discovery completed by 1/26/2018. Dispositive Motions due by 3/2/2018. Mediation To End by 3/2/2018. Signed by Hon. Michael J. Roemer on 10/2/2017. (RAZ)
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Monday, September 25, 2017
23 23 order Text Order Mon 09/25 9:13 AM
TEXT ORDER. Defendant's letter request for a 30 day extension of the Case Management Order to designate rebuttal experts and conduct expert deposition is granted. Defendants are instructed to confer with opposing counsel and advise the Court as to any requested changes in the remaining dates in the Case Management Order. SO ORDERED. Issued by Hon. Michael J. Roemer on 9/25/2017. (RAZ)
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Monday, June 26, 2017
22 22 order Scheduling Order Mon 06/26 2:32 PM
AMENDED SCHEDULING ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Motions to Compel Discovery due by 9/29/2017. Discovery completed by 10/27/2017. Dispositive Motions due by 12/1/2017. Mediation To End by 12/1/2017. Signed by Hon. Michael J. Roemer on 6/26/2017. (RAZ)
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21 21 order Order ~Util - Set Deadlines/Hearings Mon 06/26 2:22 PM
LETTER ORDER granting parties joint request to extend Case Management Order. An amended case management order will be issued. Signed by Hon. Michael J. Roemer on 6/26/2017. (RAZ)
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Friday, April 28, 2017
20 20 notice Notice of Appearance Fri 04/28 4:18 PM
NOTICE of Appearance by Duane D. Schoonmaker on behalf of Sandra L Gilman(Schoonmaker, Duane)
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Att: 1 Certificate of Service
Tuesday, April 11, 2017
19 19 order Stipulation and Order Tue 04/11 1:20 PM
STIPULATION AND PROTECTIVE ORDER. Signed by Hon. Michael J. Roemer on 4/10/2017. (RAZ)
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Tuesday, April 04, 2017
utility E-Filing Notification Proposed Order Tue 04/04 10:23 AM
E-Filing Notification regarding18 STIPULATION and Protective Order by Sandra L Gilman. Document contains so ordered line and should be submitted via e-mail to the assigned judge. Refer to the Administrative Guide for e-mail addresses. No action required. (SG)
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Monday, April 03, 2017
18 18 misc Stipulation Mon 04/03 10:34 AM
STIPULATION and Protective Order by Sandra L Gilman. (Greco, Josephine)
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Tuesday, February 14, 2017
17 17 order Text Order Tue 02/14 2:32 PM
TEXT ORDER: After considering the parties letter submissions, listening to the arguments raised during todays status conference, and reviewing the cases cited by defense counsel, the Court declines to require plaintiff to agree to a protective order stating that potential witnesses must sign an acknowledgment that they agree they will be bound by the terms of the Stipulation and Protective Order. In re Zyprexa, 2004 WL 3520247 (EDNY 2004) and In re Rezulin, 2000 WL 1839744 (SDNY 2000), are not persuasive because the incorporation of such a requirement was not a contested issue in either case. In Doe No. 2 v. Kolko, 242 F.R.D. 193 (EDNY 2006), a protective order was entered, over the opposition of defendants, requiring that witnesses who receive disclosure of plaintiffs identity not further disclose or use such knowledge. However, that case is distinguishable since that court granted plaintiffs motion to proceed anonymously and plaintiff, a sexual abuse victim, had articulated specific harm from disclosure of his identity. For these reasons and the reasons stated on the record during todays conference, the Court will not require such a provision. Issued by Hon. Michael J. Roemer on February 14, 2017.(MLM)
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16 16 minutes Discovery Hearing Tue 02/14 12:21 PM
Minute Entry for proceedings held before Hon. Michael J. Roemer. Discovery Hearing held on 2/14/2017. Court to issue decision. Appearances: Josephine A. Greco, Esq. on behalf of pltf; Melissa M. Hensley, Esq. via teleconference and Joseph S. Brown, Esq. on behalf of deft. (Court Reporter FTR Gold.) (RAZ)
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Thursday, February 02, 2017
utility Set/Reset Hearings Thu 02/02 11:42 AM
SCHEDULING NOTICE. Discovery Hearing set for 2/8/2017 at 10:30 AM is RESCHEDULED to 2/14/2017 11:00 AM before Hon. Michael J. Roemer. (RAZ)
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Wednesday, February 01, 2017
15 15 notice Notice of Appearance Wed 02/01 3:04 PM
NOTICE of Appearance by Kristen Elizabeth Flick on behalf of Dolgencorp of New York, Inc. (Flick, Kristen)
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utility Set/Reset Hearings Wed 02/01 1:14 PM
SCHEDULING NOTICE. Discovery Hearing set for 2/8/2017 10:30 AM before Hon. Michael J. Roemer. Plaintiff shall file response to discovery dispute no later than 2/6/2017. (RAZ)
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Tuesday, October 18, 2016
utility Set/Reset Deadlines Tue 10/18 2:48 PM
RESET DEADLINES: First Mediation Session due by 11/17/2016. (RAZ)
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Thursday, September 29, 2016
14 14 adr Stipulation-Selection of Mediator Thu 09/29 3:20 PM
Stipulation-Selection of Mediator by Dolgencorp of New York, Inc.. (Hensley, Melissa)
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Thursday, September 01, 2016
13 13 order Scheduling Order Thu 09/01 4:44 PM
CASE MANAGEMENT ORDER (Please Note: This docket text does not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Mandatory Disclosures due by 9/19/2016. Stipulation of Selection of Mediator due by 9/29/2016. First Mediation Session due by 11/14/2016. Motions to Join Parties/Amend Pleadings due by 12/28/2016. Plaintiff Expert Witness ID due by 4/28/2017. Defendant Expert Witness ID due by 5/12/2017. Motions to Compel Discovery due by 6/30/2017. Discovery completed by 7/28/2017. Dispositive Motions due by 9/1/2017. Mediation To End by 9/1/2017. Signed by Hon. Michael J. Roemer on 9/1/2016. (RAZ)
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12 12 minutes Pretrial Conference - Initial Thu 09/01 4:08 PM
Minute Entry for proceedings held before Hon. Michael J. Roemer. Preliminary Pretrial Conference held on 9/1/2016. Case Management Order to be issued. Appearances: Josephine A. Greco, Esq. appearing on behalf of plaintiff; Melissa M. Hensley, Esq. appearing via teleconference and Joseph S. Brown, Esq. appearing on behalf of defendant. (Court Reporter FTR Gold.) (RAZ)
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Tuesday, August 09, 2016
11 11 order Order on Motion for Pro Hac Vice Tue 08/09 11:16 AM
-CLERK TO FOLLOW UP- TEXT ORDER granting 8 Motion for Pro Hac Vice (Joel S. Allen); granting 9 Motion for Pro Hac Vice (Olga Bogard); granting 10 Motion for Pro Hac Vice (Melissa M. Hensley). SO ORDERED. Issued by Hon. Michael J. Roemer on 8/9/2016. (RAZ)
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Wednesday, August 03, 2016
utility Remark Wed 08/03 2:32 PM
Verified admission to the Texas State Bar for Joel S. Allen, Melissa M. Hensley and Olga A. Bograd. (SG)
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Tuesday, August 02, 2016
10 10 motion Appear Pro Hac Vice Tue 08/02 2:41 PM
MOTION to appear pro hac vice (Melissa M. Hensley) ( Filing fee $ 150 receipt number 0209-2588250.) by Dolgencorp of New York, Inc..(Brown, Joseph)
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Att: 1 Affidavit Sponsoring Affidavit,
Att: 2 Exhibit A
9 9 motion Appear Pro Hac Vice Tue 08/02 2:38 PM
MOTION to appear pro hac vice (Olga Bograd) ( Filing fee $ 150 receipt number 0209-2588230.) by Dolgencorp of New York, Inc..(Brown, Joseph)
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Att: 1 Affidavit Sponsoring Affidavit,
Att: 2 Exhibit A
8 8 motion Appear Pro Hac Vice Tue 08/02 2:33 PM
MOTION to appear pro hac vice (Joel S. Allen) ( Filing fee $ 150 receipt number 0209-2588212.) by Dolgencorp of New York, Inc..(Brown, Joseph)
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Att: 1 Affidavit Sponsoring Affidavit,
Att: 2 Exhibit A
Thursday, July 21, 2016
7 7 order Scheduling Order Thu 07/21 9:32 AM
ORDER OF PRELIMINARY PRETRIAL CONFERENCE. (Please Note: This docket text does not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Pretrial Conference set for 9/1/2016 10:30 AM before Hon. Michael J. Roemer. Signed by Hon. Michael J. Roemer on 7/21/2016. (RAZ)
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Tuesday, July 19, 2016
6 6 order Text Order Referring Case to Magistrate Judge Tue 07/19 8:56 AM
TEXT ORDER REFERRING CASE to Magistrate Judge Hon. Michael J. Roemer for all pretrial matters excluding dispositive motions. IT IS SO ORDERED.. Signed by Hon. Elizabeth A. Wolford on 7/19/16. (SG)
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Monday, July 18, 2016
5 5 misc Corporate Disclosure Statement Mon 07/18 4:58 PM
Corporate Disclosure Statement by Dolgencorp of New York, Inc.. (Brown, Joseph)
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4 4 answer Answer to Complaint Mon 07/18 4:56 PM
ANSWER to Complaint by Dolgencorp of New York, Inc..(Brown, Joseph)
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Tuesday, July 05, 2016
3 3 service Affidavit of Service Tue 07/05 4:00 PM
AFFIDAVIT of Service for Summons and Complaint served on Dolgencorp of New York, Inc. a/k/a Dollar General Corporation on 06/28/2016, filed by Sandra L Gilman. (Greco, Josephine)
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Thursday, April 21, 2016
2 2 service Summons Issued Thu 04/21 4:58 PM
Summons Issued as to Dolgencorp of New York, Inc.. (SG)
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utility Case Assigned/Reassigned Thu 04/21 4:56 PM
Case assigned to Hon. Elizabeth A. Wolford. (SG)
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adr Automatic Referral to Mediation Thu 04/21 4:57 PM
AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution(SG)
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notice Notice of Availability of Magistrate Judge Thu 04/21 4:57 PM
Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. Notification to Chambers of on-line civil case opening. (SG)
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Wednesday, April 20, 2016
1 1 cmp Complaint Wed 04/20 4:40 PM
COMPLAINT against Dolgencorp of New York, Inc. $ 400 receipt number 0209-2513115, filed by Sandra L Gilman.(Greco, Josephine)
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Att: 1 Civil Cover Sheet,
Att: 2 Summons