C. v. New York State and Local Retir

Filing 14

PAYMENT OF DOCKETING FEE, on behalf of Appellant Mary Jo C., district court receipt # 6660, FILED.[319003] [11-2215]

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Activity in Case 2:09-cv-05635-SJF -ARL C. v. New York State and Local Retirement
System et al USCA Appeal Fees
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U.S. District Court
Eastern District of New York
Notice of Electronic Filing
The following transaction was entered on 6/17/2011 at 4:02 PM EDT and filed on 6/17/2011
Case Name:
C. v. New York State and Local Retirement System et al
Case Number:
2:09-cv-05635-SJF -ARL
Filer:
WARNING: CASE CLOSED on 05/06/2011
Document Number: No document attached
Docket Text:
USCA Appeal Fees received $455.00 receipt number 6660 re [35] Notice of Appeal filed
by Mary Jo C. (Russo, Eric)

2:09-cv-05635-SJF -ARL Notice has been electronically mailed to:
William M. Brooks [e-mail]
William M. Savino [e-mail]
Patricia M. Hingerton [e-mail]
Laura L. Shockley [e-mail]
2:09-cv-05635-SJF -ARL Notice will not be electronically mailed to:

file://C:\Documents and Settings\Court User\Local Settings\Temp\notes6030C8\~web7113... 6/20/2011

Case: 2:09-cv-05635-SJF -ARL

As of: 06/20/2011 09:52 AM EDT

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APPEAL

U.S. District Court
Eastern District of New York (Central Islip)
CIVIL DOCKET FOR CASE #: 2:09−cv−05635−SJF −ARL
Internal Use Only
C. v. New York State and Local Retirement System et al
Assigned to: Judge Sandra J. Feuerstein
Referred to: Magistrate Judge Arlene R. Lindsay
Cause: 42:1201 Civil Rights (Disability)

Date Filed: 12/23/2009
Date Terminated: 05/06/2011
Jury Demand: Plaintiff
Nature of Suit: 446 Civil Rights:
Americans with Disabilities − Other
Jurisdiction: Federal Question

Plaintiff
Mary Jo C.

represented by William M. Brooks
Touro College Jacob D. Fuchsberg Law
Center
225 Eastview Drive
Central Islip, NY 11722
631−761−7000
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Defendant
New York State and Local Retirement
System

represented by Patricia M. Hingerton
NYS Office of the Attorney General
300 Motor Parkway
Suite 205
Hauppauge, NY 11788
631−231−2424
Fax: 631−435−4757
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Central Islip Public Library

represented by Laura L. Shockley
Rivkin Radler LLP
EAB Plaza
9th Floor
Uniondale, NY 11556
516−357−3209
Fax: 516−357−3333
Email: [e-mail]
ATTORNEY TO BE NOTICED
William M. Savino
Rivkin Radler LLP
926 EAB Plaza
Uniondale, NY 11556
(516)357−3000
Fax: (516) 357−3333
Email: [e-mail]
ATTORNEY TO BE NOTICED

Date Filed

#

Docket Text

Case: 2:09-cv-05635-SJF -ARL

As of: 06/20/2011 09:52 AM EDT

2 of 4

12/23/2009

1 COMPLAINT (Receipt #2046) against Central Islip Public Library, New York
State and Local Retirement System Disclosure Statement on Civil Cover Sheet
completed −No,, filed by Mary Jo C.. (Attachments: # 1 Civil Cover Sheet) (Ryan,
Mary) (Entered: 12/28/2009)

12/23/2009

Summons Issued as to Central Islip Public Library, New York State and Local
Retirement System. (Ryan, Mary) (Entered: 12/28/2009)

12/30/2009
01/04/2010

2 DEMAND for Trial by Jury by Mary Jo C. (Brooks, William) (Entered:
12/30/2009)
Case Ineligible for Arbitration (Bollbach, Jean) (Entered: 01/04/2010)

02/02/2010

3 SUMMONS Returned Executed by Mary Jo C.. New York State and Local
Retirement System served on 1/20/2010, answer due 2/10/2010. (Brooks, William)
(Entered: 02/02/2010)

02/02/2010

4 SUMMONS Returned Executed by Mary Jo C.. Central Islip Public Library served
on 1/21/2010, answer due 2/11/2010. (Brooks, William) (Entered: 02/02/2010)

02/18/2010

5 NOTICE of Appearance by William M. Savino on behalf of Central Islip Public
Library (aty to be noticed) (Savino, William) (Entered: 02/18/2010)

02/18/2010

6 NOTICE of Appearance by Laura L. Shockley on behalf of Central Islip Public
Library (aty to be noticed) (Shockley, Laura) (Entered: 02/18/2010)

02/18/2010

7 STIPULATION re 1 Complaint Extending Time to Answer or otherwise move until
March 16, 2010 by Central Islip Public Library (Shockley, Laura) (Entered:
02/18/2010)

02/19/2010

STIPULATION AND ORDER re 7 : The time for defendant Central Islip Public
Library to answer or otherwise move against the complaint is extended to
3/16/2010. Ordered by Magistrate Judge Arlene R. Lindsay on 2/19/2010. (c/ecf)
(Warshaw, Aaron) (Entered: 02/19/2010)

03/02/2010

8 NOTICE of Appearance by Patricia M. Hingerton on behalf of New York State and
Local Retirement System (aty to be noticed) (Hingerton, Patricia) (Entered:
03/02/2010)

03/02/2010

9 STIPULATION to extend time to respond to complaint by New York State and
Local Retirement System (Hingerton, Patricia) (Entered: 03/02/2010)

03/03/2010

03/16/2010

ORDER TO ANSWER re 9 : The time for defendant New York State and Local
Retirement System to answer or otherwise move against the complaint is extended
to 3/18/2010. Ordered by Magistrate Judge Arlene R. Lindsay on 3/3/2010. c/ecf
(Miller, Dina) (Entered: 03/03/2010)
10 Consent MOTION for Extension of Time to File Answer re 1 Complaint
(Stipulation Extending time to answer or otherwise move to March 31, 2010) by
Central Islip Public Library. (Shockley, Laura) (Entered: 03/16/2010)

03/17/2010

ORDER granting 10 : On consent, the time for defendants to answer or otherwise
move against the complaint is extended to 3/31/2010. Ordered by Magistrate Judge
Arlene R. Lindsay on 3/17/2010. (c/ecf) (Warshaw, Aaron) (Entered: 03/17/2010)

03/30/2010

11 MOTION to Dismiss (request for pre−motion conference or for briefing schedule)
by New York State and Local Retirement System. (Hingerton, Patricia) (Entered:
03/30/2010)

03/30/2010

12 MOTION for Discovery Stay by New York State and Local Retirement System.
(Hingerton, Patricia) (Entered: 03/30/2010)

04/01/2010

13 Consent MOTION for Extension of Time to File Answer re 1 Complaint
(Stipulation) by Central Islip Public Library. (Shockley, Laura) (Entered:
04/01/2010)

04/01/2010

14 Letter in response by plaintiff to defendant New York State and Local Retirement
System's pre−motion letter by Mary Jo C. (Brooks, William) (Entered: 04/01/2010)

Case: 2:09-cv-05635-SJF -ARL

As of: 06/20/2011 09:52 AM EDT

3 of 4

04/02/2010

ORDER granting 13 : By stipulation, the time for defendant Central Islip Public
Library to answer or otherwise move against the complaint is extended to
4/30/2010. Ordered by Magistrate Judge Arlene R. Lindsay on 4/2/2010. (c/ecf)
(Warshaw, Aaron) (Entered: 04/02/2010)

04/02/2010

ORDER denying 12 motion to stay discovery pending resolution of the motion to
dismiss. The undersigned will issue a proposed scheduling order after all
defendants have answered or moved against the complaint. Ordered by Magistrate
Judge Arlene R. Lindsay on 4/2/2010. (c/ecf) (Warshaw, Aaron) (Entered:
04/02/2010)

04/09/2010

15 ORDER REASSIGNING CASE. Case reassigned to Judge Sandra J. Feuerstein for
all further proceedings. Senior Judge Leonard D. Wexler no longer assigned to
case. Ordered by Chief Judge Raymond J. Dearie on 4/9/2010. (Bowens, Priscilla)
(Entered: 04/13/2010)

04/21/2010

16 Letter indicating service of motion to dismiss on plaintiff and co−defendant by
New York State and Local Retirement System (Hingerton, Patricia) (Entered:
04/21/2010)

04/30/2010

17 STIPULATION Extending to May 28, 2010, the time for defendant, Central Islip
Public Library, to serve a motion to dismiss the complaint and that Plaintiff's time
to oppose defendant, New York State &Local Retirement System's pending Motion
to Dismiss and defendant, Central Islip Public Library's Motion to Dismiss is
extended to and including July 6, 2010.. by Central Islip Public Library
(Attachments: # 1 Letter to Hon. Sandra J. Feuerstein from Laura L. Shockley
respectfully requesting that the attached Stipulation be 'so ordered') (Shockley,
Laura) (Entered: 04/30/2010)

05/05/2010

18 STIPULATION AND ORDER extending deadlines for motion. Ordered by Judge
Sandra J. Feuerstein on 5/5/2010. (Brienza, Lauren) (Entered: 05/06/2010)

05/07/2010

ORDER terminating as moot 11 Motion to Dismiss. Ordered by Judge Sandra J.
Feuerstein on 5/7/2010. (Brienza, Lauren) (Entered: 05/10/2010)

05/28/2010

19 MOTION to Dismiss Complaint by Central Islip Public Library. (Attachments: # 1
Certificate of Service) (Shockley, Laura) (Entered: 05/28/2010)

05/28/2010

20 MEMORANDUM in Support re 19 MOTION to Dismiss Complaint filed by
Central Islip Public Library. (Attachments: # 1 Certificate of Service) (Shockley,
Laura) (Entered: 05/28/2010)

06/01/2010

ORDER denying 19 Motion to Dismiss WITHOUT PREJUDICE for failure to
comply with Rule 4 of Judge Feuerstein's individual rules. Ordered by Judge
Sandra J. Feuerstein on 6/1/2010. c/ecf (Morabito, Bryan) (Entered: 06/01/2010)

07/07/2010

21 Letter MOTION for Extension of Time to File Memorandum of Law in Opposition
to Defendants' Motions to Dismiss and Modify the Briefing Schedule by Mary Jo
C.. (Brooks, William) (Entered: 07/07/2010)

07/08/2010

22 Letter detailing additional consent to previously filed letter motion seeking
extension of time and modification of briefing schedule by Mary Jo C.
(Attachments: # 1 Attachment) (Brooks, William) (Entered: 07/08/2010)

07/12/2010

23 ORDER granting 21 Motion for Extension of Time to File. Ordered by Judge
Sandra J. Feuerstein on 7/12/2010. (Brienza, Lauren) (Entered: 07/14/2010)

08/12/2010

24 MOTION to Dismiss by New York State and Local Retirement System.
(Attachments: # 1 Memorandum in Support, # 2 Memorandum in Opposition, # 3
Memorandum in Support) (Hingerton, Patricia) (Entered: 08/12/2010)

08/13/2010

25 Letter MOTION for Extension of Time to File Response/Reply in Connection With
Pending Motion to Dismiss to August 23, 2010 by Central Islip Public Library.
(Shockley, Laura) (Entered: 08/13/2010)

08/18/2010

26 ORDER granting 25 Motion for Extension of Time to File Response/Reply. The
application is: granted. ( Ordered by Judge Sandra J. Feuerstein on 8/16/2010.)
(Fagan, Linda) (Entered: 08/18/2010)

Case: 2:09-cv-05635-SJF -ARL

As of: 06/20/2011 09:52 AM EDT

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08/23/2010

27 MOTION to Dismiss Complaint by Central Islip Public Library. (Shockley, Laura)
(Entered: 08/23/2010)

08/23/2010

28 MEMORANDUM in Support re 27 MOTION to Dismiss Complaint filed by
Central Islip Public Library. (Shockley, Laura) (Entered: 08/23/2010)

08/23/2010

29 MEMORANDUM in Opposition re 27 MOTION to Dismiss Complaint (Part 1 of
4) filed by Central Islip Public Library. (Attachments: # 1 Memorandum of Law in
Opposition to Motion to Dismiss (Part 2 of 4), # 2 Memorandum of Law in
Opposition to Motion to Dismiss (Part 3 of 4), # 3 Memorandum of Law in
Opposition to Motion to Dismiss (Part 4 of 4)) (Shockley, Laura) (Entered:
08/23/2010)

08/23/2010

30 MEMORANDUM in Support re 27 MOTION to Dismiss Complaint / Reply
Memorandum of Law in Further Support filed by Central Islip Public Library.
(Shockley, Laura) (Entered: 08/23/2010)

08/23/2010

31 CERTIFICATE OF SERVICE by Central Islip Public Library re 28 Memorandum
in Support, 30 Memorandum in Support, 27 MOTION to Dismiss Complaint, 29
Memorandum in Opposition, (Shockley, Laura) (Entered: 08/23/2010)

09/02/2010

32 Letter from Laura L. Shockley to Judge Feuerstein dated 8/24/2010 enclosing
courtesy copies of dockets which were all filed electronically. (Glueckert, Lisa)
(Entered: 09/02/2010)

03/29/2011

(Court only) The following motion will be decided by the Court at the same time as
Doc. No. 24 MOTION to Dismiss by New York State and Local Retirement
System: 27 MOTION to Dismiss Complaint filed by Central Islip Public Library.
(Morabito, Bryan) (Entered: 03/29/2011)

05/05/2011

33 OPINION AND ORDER granting to the extent set forth herein 24 Motion to
Dismiss; For the reasons stated herein, defendants' respective motions to dismiss
the complaint purs. to Rule 12(b) of the Fed. R. Civ. P. are granted to the extent set
forth herein and the complaint is dismissed in its entirety. The Clerk of the Curt
shall enter judgment in favor of defendants and close this case. ( Ordered by Judge
Sandra J. Feuerstein on 5/5/2011.) (Fagan, Linda) (Entered: 05/06/2011)

05/06/2011

34 CLERK'S JUDGMENT; That pltff take nothing of defts; that defts' respective
motions to dismiss the complaint purs. to Rule 12(b) of the Fed. R. Civ. P. are
granted to the extent set forth in the May 5, 2011 Opinion and Order; that the
complaint is dismissed in its entirety; and that this case is hereby closed. ( Signed
by: Catherine Vukovich, Deputy Clerk, on 5/6/2011) c/m c/ecf (Fagan, Linda)
(Entered: 05/09/2011)

05/31/2011

35 NOTICE OF APPEAL as to 34 Clerk's Judgment, by Mary Jo C.. (Brooks,
William) (Entered: 05/31/2011)

05/31/2011

Electronic Index to Record on Appeal sent to US Court of Appeals. For docket
entries without a hyperlink, contact the court and we'll arrange for the document(s)
to be made available to you. 3 Summons Returned Executed, 14 Letter, 7
Stipulation, 20 Memorandum in Support, 17 Stipulation, 10 Motion for Extension
of Time to File Answer, 32 Letter, 22 Letter, 8 Notice of Appearance, 18
Stipulation and Order, 23 Order on Motion for Extension of Time to File, 5 Notice
of Appearance, 2 Jury Demand, 28 Memorandum in Support, 21 Motion for
Extension of Time to File, 30 Memorandum in Support, 13 Motion for Extension
of Time to File Answer, 33 Order on Motion to Dismiss, 26 Order on Motion for
Extension of Time to File Response/Reply, 25 Motion for Extension of Time to
File Response/Reply, 12 Motion for Discovery, 34 Clerk's Judgment, 6 Notice of
Appearance, 16 Letter, 1 Complaint, 4 Summons Returned Executed, 35 Notice of
Appeal, 24 Motion to Dismiss, 9 Stipulation, 19 Motion to Dismiss, 31 Certificate
of Service, 27 Motion to Dismiss, 29 Memorandum in Opposition, 11 Motion to
Dismiss, 15 Order Reassigning Case. (Russo, Eric) (Entered: 05/31/2011)

06/17/2011

USCA Appeal Fees received $455.00 receipt number 6660 re 35 Notice of Appeal
filed by Mary Jo C. (Russo, Eric) (Entered: 06/17/2011)