Docket Entries Since Last Update
NOTE: This court's RSS feed does not list MOTION entries, so Bloomberg Law cannot detect them and thus they will not be listed here. However, motions will be included if you update the docket.
Court Dockets
U.S. District Court
Southern District of New York (White Plains)
CIVIL DOCKET FOR CASE #: 7:20-cv-06934-VB
Southern District of New York (White Plains)
CIVIL DOCKET FOR CASE #: 7:20-cv-06934-VB
Oliver v. Army West Point Athletic Association
DOCKET INFORMATION
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| Plaintiff |
Jonathan Oliver
Plaintiff
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| |
| Representation | |||
| Jason Louis Solotaroff Giskan Solotaroff & Anderson, LLP 90 Broad Street Ste 10th Floor New York, NY 10004 (646) 964-9640 jsolotaroff@gslawny.com ATTORNEY TO BE NOTICED | |||
| Defendant |
Army West Point Athletic Association
Defendant
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| Representation | |||
| Katherine Kelley Otto Messner Reeves LLP 805 3rd Ave., 15th Floor New York, NY 10022 (646) 663-1860 Fax: (646) 663-1895 kotto@messner.com LEAD ATTORNEY ATTORNEY TO BE NOTICED | Mikhail Shah Messner Reeves LLP 805 Third Ave Ste 18th Floor New York, NY 10022 (646) 663-1856 mshah@messner.com ATTORNEY TO BE NOTICED | ||
Numbers shown are court assigned numbers.
| Entry | Filed | Description | |
|---|---|---|---|
| 1 | Aug 27, 2020 | View | COMPLAINT against ARMY WEST POINT ATHLETIC ASSOCIATION. (Filing Fee $ 400.00, Receipt Number ANYSDC-21361446)Document filed by Jonathan Oliver..(Solotaroff, Jason) (Entered: 08/27/2020) |
| 2 | Aug 27, 2020 | Request | CIVIL COVER SHEET filed..(Solotaroff, Jason) (Entered: 08/27/2020) |
| 3 | Aug 27, 2020 | Request | REQUEST FOR ISSUANCE OF SUMMONS as to Army West Point Athletic Association, re: 1 Complaint. Document filed by Jonathan Oliver..(Solotaroff, Jason) (Entered: 08/27/2020) |
| Aug 28, 2020 | ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jason Louis Solotaroff. The following case opening statistical information was erroneously selected/entered: County code Orange;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo) (Entered: 08/28/2020) | ||
| Aug 28, 2020 | ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jason Louis Solotaroff. The party information for the following party/parties has been modified: ARMY WEST POINT ATHLETIC ASSOCIATION. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (jgo) (Entered: 08/28/2020) | ||
| Aug 28, 2020 | CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) (Entered: 08/28/2020) | ||
| Aug 28, 2020 | Magistrate Judge Judith C. McCarthy is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) (Entered: 08/28/2020) | ||
| Aug 28, 2020 | Case Designated ECF. (jgo) (Entered: 08/28/2020) | ||
| 4 | Aug 28, 2020 | Request | ELECTRONIC SUMMONS ISSUED as to Army West Point Athletic Association..(jgo) (Entered: 08/28/2020) |
| 5 | Sep 16, 2020 | Request | WAIVER OF SERVICE RETURNED EXECUTED. Army West Point Athletic Association waiver sent on 9/9/2020, answer due 11/9/2020. Document filed by Jonathan Oliver..(Solotaroff, Jason) (Entered: 09/16/2020) |
| 6 | Nov 9, 2020 | Request | NOTICE of Motion. Document filed by Army West Point Athletic Association..(Otto, Katherine) (Entered: 11/09/2020) |
| 7 | Nov 9, 2020 | View | MOTION to Dismiss and Request to Stay Discovery. Document filed by Army West Point Athletic Association. (Attachments: # 1 Exhibit A).(Otto, Katherine) (Entered: 11/09/2020) |
| 8 | Nov 10, 2020 | Request | ORDER: Accordingly, it is hereby ORDERED that, by no later than November 20, 2020, plaintiff must notify the Court by letter whether he (i) intends to file an amended complaint in response to the motion to dismiss, or (ii) will rely on the complaint that is the subject of the motion to dismiss. If plaintiff elects not to file an amended complaint, the motion will proceed in the regular course, and the Court is unlikely to grant plaintiff a further opportunity to amend to address the purported deficiencies made apparent by the fully briefed arguments in defendant's motion. See Loreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec., LLC, 797 F.3d 160, 190 (2d Cir. 2015) (leaving "unaltered the grounds on which denial of leave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility"); accord F5 Capital v. Pappas, 856 F.3d 61, 89-90 (2d Cir. 2017). The time to file opposing and reply papers shall be governed by the Federal Rules of Civil Procedure and the Local Civil Rules, unless otherwise ordered by the Court. If plaintiff elects to file an amended complaint, he must file the amended complaint by no later than 14 days after notifying the Court of his intent to do so. Within 21 days of suchamendment, defendant may either: (i) file an answer to the amended complaint; or (ii) file a motion to dismiss the amended complaint; or (iii) notify the Court by letter that it is relying on the initially filed motion to dismiss. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 11/10/2020) (ama) (Entered: 11/10/2020) |
| 9 | Nov 19, 2020 | Request | LETTER addressed to Judge Vincent L. Briccetti from Jason Solotaroff dated November 19, 2020 re: intention to amend complaint. Document filed by Jonathan Oliver..(Solotaroff, Jason) (Entered: 11/19/2020) |
| 10 | Nov 20, 2020 | Request | MEMO ENDORSEMENT on re: 9 Letter filed by Jonathan Oliver. ENDORSEMENT: Amended Complaint shall be filed by 12/3/2020. So Ordered. ( Amended Pleadings due by 12/3/2020.) (Signed by Judge Vincent L. Briccetti on 11/20/2020) (va) (Entered: 11/20/2020) |
| 11 | Dec 2, 2020 | Request | LETTER MOTION for Extension of Time to File amended complaint addressed to Judge Vincent L. Briccetti from Jason Solotaroff dated Jason Solotaroff. Document filed by Jonathan Oliver..(Solotaroff, Jason) (Entered: 12/02/2020) |
| 12 | Dec 2, 2020 | Request | ORDER granting 11 Letter Motion for Extension of Time to File: Plaintiff shall file his amended complaint by 12/10/2020. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (mjl) (Entered: 12/02/2020) |
| 13 | Dec 10, 2020 | View | AMENDED COMPLAINT amending 1 Complaint against Army West Point Athletic Association with JURY DEMAND.Document filed by Jonathan Oliver. Related document: 1 Complaint..(Solotaroff, Jason) (Entered: 12/10/2020) |
| 14 | Dec 30, 2020 | Request | MOTION to Dismiss Plaintiff's Amended Complaint. Document filed by Army West Point Athletic Association. Responses due by 1/13/2021 Return Date set for 1/25/2021 at 09:00 AM..(Shah, Mikhail) (Entered: 12/30/2020) |
| 15 | Jan 13, 2021 | Request | MEMORANDUM OF LAW in Opposition re: 14 MOTION to Dismiss Plaintiff's Amended Complaint. . Document filed by Jonathan Oliver..(Solotaroff, Jason) (Entered: 01/13/2021) |
| 16 | Jan 20, 2021 | View | REPLY to Response to Motion re: 14 MOTION to Dismiss Plaintiff's Amended Complaint. Defendant Army West Point Athletic Association's Reply in Opposition to Plaintiff's Response and in Further Support of Motion to Dismiss. Document filed by Army West Point Athletic Association..(Otto, Katherine) (Entered: 01/20/2021) |
| 17 | Mar 11, 2021 | View | LETTER MOTION to Compel AWPAA to commence discovery addressed to Judge Vincent L. Briccetti from Jason Solotaroff dated March 11, 2021. Document filed by Jonathan Oliver..(Solotaroff, Jason) (Entered: 03/11/2021) |
| 18 | Mar 11, 2021 | Request | ORDER deferring ruling on 17 Letter Motion to Compel: By 3/15/2021, defendant shall respond by letter to plaintiff's request for a pre-motion conference to discuss the commencement of discovery while the motion to dismiss is pending. Defendant's response shall not exceed two pages in length. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (mjl) (Entered: 03/11/2021) |
| 19 | Mar 12, 2021 | View | LETTER RESPONSE in Opposition to Motion addressed to Judge Vincent L. Briccetti from Mikhail A. Shah dated March 12, 2021 re: 17 LETTER MOTION to Compel AWPAA to commence discovery addressed to Judge Vincent L. Briccetti from Jason Solotaroff dated March 11, 2021. . Document filed by Army West Point Athletic Association..(Shah, Mikhail) (Entered: 03/12/2021) |
| 20 | Mar 12, 2021 | Request | ORDER terminating 7 Motion to Dismiss: Defendant's motion to dismiss the complaint 7 is terminated as moot in light of defendant's motion to dismiss the amended complaint 14 . (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (mjl) (Entered: 03/12/2021) |
| 21 | Mar 12, 2021 | Request | ORDER denying 17 Letter Motion to Compel: Having reviewed both counsel's letters with respect to plaintiff's request for a conference to discuss the commencement of discovery while the motion to dismiss is pending, that request is DENIED. Discovery shall not proceed until after the motion to dismiss is decided. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (mjl) (Entered: 03/12/2021) |
| 22 | Sep 21, 2021 | Request | ORDER: denying 14 Motion to Dismiss. Defendant having moved to dismiss the amended complaint, it is hereby ORDERED: The motion to dismiss plaintiff's First, Second, and Fourth claims for relief is DENIED. The motion to dismiss plaintiff's Third claim for relief is GRANTED. Defendant shall file an answer by October 5, 2021. By separate order, the Court will schedule an initial conference for October 25, 2021, at 11:30 a.m., at which time the Court will issue a bench ruling explaining the basis for its decision. The Court expects to conduct this proceeding-in person, in the Courthouse. By October 18, 2021, counsel shall complete and file on the ECF docket their proposed Civil Case Discovery Plan and Scheduling Order, the form for which will be attached to the Notice of Initial Conference. The Clerk is instructed to terminate the motion. (Doc. #14). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 9/21/2021) (ama) (Entered: 09/21/2021) |
| Sep 21, 2021 | Set/Reset Deadlines: Army West Point Athletic Association answer due 10/5/2021., Set/Reset Hearings: (ama) (Entered: 09/21/2021) | ||
| 23 | Sep 22, 2021 | Request | NOTICE OF INITIAL CONFERENCE: THIS MATTER HAS BEEN SCHEDULED FOR AN INITIAL CASE MANAGEMENT AND SCHEDULING CONFERENCE, pursuant to Fed. R. Civ. P. 16, on 10-25-21 at 11:30 a.m., at the United States Courthouse, 300 Quarropas Street, Courtroom 620, White Plains, NY 10601. Initial Conference set for 10/25/2021 at 11:30 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti. (mml) (Entered: 09/22/2021) |
| 24 | Oct 5, 2021 | Request | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Army West Point Athletic Association..(Shah, Mikhail) (Entered: 10/05/2021) |
| 25 | Oct 5, 2021 | Request | ANSWER to 13 Amended Complaint with JURY DEMAND. Document filed by Army West Point Athletic Association. (Attachments: # 1 Exhibit Plaintiff's Employment Agreement).(Shah, Mikhail) (Entered: 10/05/2021) |
| 26 | Oct 18, 2021 | Request | LETTER addressed to Judge Vincent L. Briccetti from Jason Solotaroff dated October 18, 2021 re: CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER. Document filed by Jonathan Oliver. (Attachments: # 1 Text of Proposed Order).(Solotaroff, Jason) (Entered: 10/18/2021) |
| 27 | Oct 25, 2021 | Request | CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. ? 636(c). The parties are free to withhold consent without adverse substantive consequences. This case is to be tried to a jury. Motions due by 11/24/2021. Deposition due by 6/22/2022. Fact Discovery due by 4/22/2022. Expert Discovery due by 6/22/2022. Discovery due by 6/24/2022. The parties have conferred and their present best estimate of the length of the trial is 4 days. Case Management Conference set for 6/30/2022 at 09:30 AM before Judge Vincent L. Briccetti. By no later than 4/22/2022, counsel shall submit a joint letter regarding the status of their settlement discussions and indicating whether there is anything the Court can do to assist in that regard. By 11/15/21, counsel to advise whether the case should be referred to mediation. So Ordered. (Signed by Judge Vincent L. Briccetti on 10/25/21) (yv) Modified on 11/1/2021 (yv). (Entered: 10/25/2021) |
| Oct 25, 2021 | Minute Entry for proceedings held before Judge Vincent L. Briccetti: Bench Ruling & Initial Pretrial Conference held on 10/25/2021. (Court Reporter Angie Shaw-Crockett) (dh) Modified on 10/27/2021 (Daniels, Anthony). (Entered: 10/27/2021) | ||
| 28 | Nov 11, 2021 | Request | LETTER addressed to Judge Vincent L. Briccetti from Jason Solotaroff dated November 11, 2021 re: settlement procedure. Document filed by Jonathan Oliver..(Solotaroff, Jason) (Entered: 11/11/2021) |
| 29 | Nov 12, 2021 | Request | ORDER: The parties' joint request for reference to Magistrate Judge McCarthy for a settlement conference is GRANTED. The Court will separately docket an order of reference. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (sla) (Entered: 11/12/2021) |
| 30 | Nov 12, 2021 | Request | ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Judith C. McCarthy. (Signed by Judge Vincent L. Briccetti on 11/12/2021) (mml) (Entered: 11/12/2021) |
| 31 | Nov 12, 2021 | Request | SCHEDULING ORDER: The Court has scheduled a Settlement Conference for December 15, 2021 at 2:00 p.m. before Magistrate Judge Judith C. McCarthy. Counsel shall call the following number at the time of the conference: Toll-Free Number: 877-873-8017 Access Code: 4264138. Parties are required to appear. Counsel are required to submit a confidential, ex parte letter, so identified, to the Court, not to exceed 5 pages in length, no later than five business days prior to the conference, outlining any information counsel believes would assist the Court in preparation for the conference. SO ORDERED. Telephone Conference set for 12/15/2021 at 02:00 PM before Magistrate Judge Judith C. McCarthy. (Signed by Magistrate Judge Judith C. McCarthy on 11/12/2021) (vfr) (Entered: 11/12/2021) |
| Dec 15, 2021 | Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy: Settlement Conference held on December 15, 2021. Case settled. The parties are directed to submit a stipulation of discontinuance by January 18, 2022. Referral closed. (jah) (Entered: 12/16/2021) | ||
| 32 | Jan 13, 2022 | Request | LETTER MOTION for Extension of Time to File Stipulation of Discontinuance addressed to Judge Vincent L. Briccetti from Mikhail A. Shah dated January 13, 2022. Document filed by Army West Point Athletic Association..(Shah, Mikhail) (Entered: 01/13/2022) |
| 33 | Jan 13, 2022 | Request | ORDER granting 32 Letter Motion for Extension of Time: By 2/18/2022, the parties shall submit a stipulation of dismissal. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (sla) (Entered: 01/13/2022) |
| 34 | Feb 18, 2022 | Request | STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Army West Point Athletic Association and without costs. Document filed by Jonathan Oliver. Proposed Order to be reviewed by Clerk's Office staff...(Solotaroff, Jason) (Entered: 02/18/2022) |
| 35 | Feb 22, 2022 | Request | STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for Plaintiff and for Defendant, in the above-entitled action, that the above-entitled action hereby is discontinued, with prejudice, and without costs to either party as against the other. Facsimile and electronic signatures shall be deemed effective as original signatures on this Stipulation. So Ordered. (Signed by Judge Vincent L. Briccetti on 2/22/2022) (tg) (Entered: 02/22/2022) |