Case details

Court: nyed
Docket #: 1:13-cv-05246
Case Name: Camara v. Costco Wholesale
PACER case #: 347224
Date filed: 2013-09-16
Date of last filing: 2015-03-02
Assigned to: Judge Jack B. Weinstein
Referred to: Magistrate Judge Lois Bloom
Case Cause: 42:2000e Job Discrimination (Employment)
Nature of Suit: 442 Civil Rights: Jobs
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Jean Camara
Plaintiff
Chauncey D. Henry
Henry Law 825 E Gate Blvd Suite 106 Garden City, NY 11530 516-366-4367 Fax: 516-688-3955 Email: chauncey.henry@lawhenry.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jade Lacey Morrison
Henry Law Group 1597 Grand Avenue Baldwin, NY 11510 516-366-4367 Fax: 516-688-3955 Email: jade.morrison@lawhenry.com
ATTORNEY TO BE NOTICED

Max A Wolfson
Henry Law Group, PC 825 E Gate Boulevard Garden City, NY 11530 (516)366-4367 Fax: (516)688-3955 Email: max.wolfson@hlawg.com
ATTORNEY TO BE NOTICED

Costco Wholesale Corporation
Defendant
Cameron Alexander Smith
Seyfarth Shaw LLP 620 Eighth Avenue New York, NY 10018 212-218-5500 Fax: 212-218-5526 Email: casmith@seyfarth.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lorie Elizabeth Almon
Seyfarth Shaw LLP 620 Eighth Avenue New York, NY 10018 (212) 218-5500 Fax: (212) 218-5526 Email: lalmon@seyfarth.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lynn A. Kappelman
Seyfarth Shaw LLP 620 Eighth Avenue New York, NY 10018-1405 212-218-5500 Fax: 212-218-5526 Email: lkappelman@seyfarth.com
ATTORNEY TO BE NOTICED

Maria Papasevastos
Seyfarth Shaw LLP 620 Eighth Avenue New York, NY 10018 212-218-5576 Fax: 917-344-1268 Email: mpapasevastos@seyfarth.com
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2013-09-16 1 0 COMPLAINT against Costco Wholesale, filed by Jean Camara. (Attachments: # 1 Civil Cover Sheet) (Davis, Kimberly) (Entered: 09/25/2013)
2013-09-16 2 0 MOTION for Leave to Proceed in forma pauperis by Jean Camara. (Davis, Kimberly) (Entered: 09/25/2013)
2013-09-25 3 0 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) (Entered: 09/25/2013)
2013-09-25 4 0 ORDER: Plaintiff's 2 application to proceed in forma pauperis under 28 U.S.C. § 1915 is hereby granted. The United States Marshals Service is directed to serve the summons and complaint upon the named defendant without prepayment of fees. Plaintiff may choose to receive electronic notification of court issued filings in this civil case. If plaintiff is eligible and wishes to receive electronic notification of court issued documents, plaintiff should complete the attached Registration and Consent form and return the form(s) to the Court. Plaintiff is advised that even if he chooses to receive electronic notifications in this action, plaintiff is still required to advise the Court of any change to his mailing address. The parties shall advise the Court by signing the enclosed form whether they jointly consent to trial and decision on this case by me, a United States Magistrate Judge, pursuant to 28 U.S.C. § 636(c). SO ORDERED by Magistrate Judge Lois Bloom, on 9/25/2013. C/mailed w/attachments: # 1 Instruction for Pro Se Registration and Consent for Electronic Service of Orders and Notices Issued by the Court in Civil Cases, # 2 Pro Se Registration and Consent Form, # 3 Consent to Magistrate Judge Trial, # 4 Individual Practices of Magistrate Judge Lois Bloom. (Latka-Mucha, Wieslawa) (Entered: 09/26/2013)
2013-09-26 5 0 SUMMONS ISSUED Issued as to Costco Wholesale. (Modified.) (Latka-Mucha, Wieslawa) (Entered: 09/26/2013)
2013-10-08 6 0 Memorandum dated 9/25/2013 from Judge Jack B. Weinstein, directing Magistrate Judge Bloom to treat under Local Rule 72.2 and expedite. Case manager set conference before USDJ Weinstein in 30 days. Plaintiff to be present plus a representative of defendant with knowledge of events. (Barrett, C) (Entered: 10/08/2013)
2013-10-28 7 0 SUMMONS Returned Executed on behalf of pro se Jean Camara. Costco Wholesale served on 10/25/2013, answer due 11/15/2013. (Latka-Mucha, Wieslawa) (Entered: 10/29/2013)
2013-10-29 8 0 NOTICE of Appearance by Chauncey D. Henry on behalf of Jean Camara (aty to be noticed) (Henry, Chauncey) (Entered: 10/29/2013)
2013-10-30 9 0 SCHEDULING ORDER: See attached Order regarding Initial Discovery Protocols for Employment Cases Alleging Adverse Action. Ordered by Magistrate Judge Lois Bloom on 10/30/2013. (Attachments: # 1 Discovery Protocols) (Nair, Rekha) (Entered: 10/30/2013)
2013-11-15 10 0 NOTICE of Appearance by Lorie Elizabeth Almon on behalf of Costco Wholesale (aty to be noticed) (Almon, Lorie) (Entered: 11/15/2013)
2013-11-15 11 0 ANSWER to 1 Complaint Answer and Affirmative Defenses by Costco Wholesale. (Attachments: # 1 Certificate of Service) (Almon, Lorie) (Entered: 11/15/2013)
2013-11-15 12 0 NOTICE of Appearance by Cameron Alexander Smith on behalf of Costco Wholesale (aty to be noticed) Modified on 11/15/2013 (Levine, Evelyn). Modified on 11/15/2013 (Levine, Evelyn (Entered: 11/15/2013)
2013-11-15 13 0 Corporate Disclosure Statement by Costco Wholesale (Smith, Cameron Alexander) Modified on 11/15/2013 (Levine, Evelyn). (Entered: 11/15/2013)
2013-11-21 14 0 Letter MOTION to Adjourn Conference (46) Day Extension of Initial Conference, First Request by Jean Camara. (Henry, Chauncey) (Entered: 11/21/2013)
2013-11-21 15 0 RESPONSE to Motion re 14 Letter MOTION to Adjourn Conference (46) Day Extension of Initial Conference, First Request filed by Costco Wholesale. (Smith, Cameron) (Entered: 11/21/2013)
2013-11-21 16 0 REPLY to Response to Motion re 14 Letter MOTION to Adjourn Conference (46) Day Extension of Initial Conference, First Request filed by Jean Camara. (Henry, Chauncey) (Entered: 11/21/2013)
2013-11-22 17 0 RESPONSE to Motion re 14 Letter MOTION to Adjourn Conference (46) Day Extension of Initial Conference, First Request filed by Costco Wholesale. (Smith, Cameron) (Entered: 11/22/2013)
2013-12-06 18 0 REPORT of Rule 26(f) Planning Meeting (Smith, Cameron) (Entered: 12/06/2013)
2014-01-22 19 0 Letter MOTION for pre motion conference in Anticipation of Plaintiff's Motion to Quash Defendants Improper Third Party Subpoena and Possible Motion for Rule 11(b) Sanctions by Jean Camara. (Attachments: # 1 Exhibit Exhibit A, Home Depot Third Party Subpoena, # 2 Exhibit B, The PT Corp Third Party Subpoena) (Henry, Chauncey) (Entered: 01/22/2014)
2014-01-27 20 0 RESPONSE in Opposition re 19 Letter MOTION for pre motion conference in Anticipation of Plaintiff's Motion to Quash Defendants Improper Third Party Subpoena and Possible Motion for Rule 11(b) Sanctions filed by Costco Wholesale. (Smith, Cameron) (Entered: 01/27/2014)
2014-02-10 21 0 Letter MOTION for Discovery seeking telephonic conference by Costco Wholesale. (Attachments: # 1 Exhibit A) (Smith, Cameron) (Entered: 02/10/2014)
2014-02-17 22 0 Letter MOTION for pre motion conference regarding Costco's anticipated Motion to Compel the production of documents and other information from Plaintiff by Costco Wholesale. (Attachments: # 1 Exhibit A) (Smith, Cameron) (Entered: 02/17/2014)
2014-02-18 23 0 AMENDED COMPLAINT Plaintiff's First Amended Complaint, served on February 13, 2014, against Costco Wholesale Corporation, filed by Jean Camara. (Henry, Chauncey) Modified on 2/21/2014 to reflect defendant's full name (Barrett, C). (Entered: 02/18/2014)
2014-02-19 24 0 ORDER granting in part and denying in part 19 22 Motions: See attached Order. Ordered by Magistrate Judge Lois Bloom on 2/19/2014. (Nair, Rekha) (Entered: 02/19/2014)
2014-03-04 25 0 ANSWER to 23 Amended Complaint with affirmative defenses by Costco Wholesale Corporation. (Almon, Lorie) (Entered: 03/04/2014)
2014-03-21 26 0 Letter MOTION for Protective Order submitted for Magistrate Judge Lois Bloom's consideration, on consent, by Costco Wholesale Corporation. (Attachments: # 1 Proposed Order) (Smith, Cameron) (Entered: 03/21/2014)
2014-03-24 27 0 CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER, endorsed doc.# 26 : SO ORDERED as modified in paragraph 3(c). Ordered by Magistrate Judge Lois Bloom, on 3/24/2014. (Latka-Mucha, Wieslawa) (Entered: 03/25/2014)
2014-03-25 28 0 Letter MOTION to Take Deposition from Home Depot Inc. by Costco Wholesale Corporation. (Smith, Cameron) (Entered: 03/25/2014)
2014-03-27 29 0 REPLY in Opposition re 28 Letter MOTION to Take Deposition from Home Depot Inc. Plaintiffs Reply Opposition to Defendants Request to Issue a Third Party Subpoena on Home Depot filed by Jean Camara. (Henry, Chauncey) (Entered: 03/27/2014)
2014-05-05 30 0 Letter MOTION for Extension of Time to Complete Discovery , submitted jointly, filed by Costco Wholesale Corporation. (Attachments: # 1 Stipulation and [Proposed] Order) (Smith, Cameron) (Entered: 05/05/2014)
2014-05-06 31 0 STIPULATION AND ORDER, granting parties' 30 Motion for an Extension of Time to Complete Discovery. The discovery deadline will be extended until 6/16/2014. The dispositive motion deadline will be adjourned until 8/15/2014. SO ORDERED by Magistrate Judge Lois Bloom, on 5/6/2014. (Latka-Mucha, Wieslawa) (Entered: 05/07/2014)
2014-06-18 32 0 NOTICE of Appearance by Jade Lacey Morrison on behalf of Jean Camara (aty to be noticed) (Morrison, Jade) (Entered: 06/18/2014)
2014-06-25 33 0 Letter MOTION to Adjourn Conference , Filed on Consent by Costco Wholesale Corporation. (Smith, Cameron) (Entered: 06/25/2014)
2014-07-28 34 0 Minute Entry for proceedings held before Judge Jack B. Weinstein: Status Conference held on 7/28/2014. Counsel for all parties present. Case marked ready for trial on 12/1/2014 at 2:00 p.m. Jury to be selected 12/1/2014. In limine motions will be heard 11/24/2014 at 10:00 AM in Courtroom 10B South before Judge Jack B. Weinstein. Jury Trial set for 12/1/2014 at 02:00 PM in Courtroom 10B South before Judge Jack B. Weinstein. (Court Reporter Gene Rudolph.) (Barrett, C) (Entered: 08/07/2014)
2014-08-15 35 0 MOTION for Summary Judgment by Costco Wholesale Corporation. (Attachments: # 1 Defendant's Memorandum of Law in Support of its Motion for Summary Judgment, # 2 Defendant's Local Rule 56.1 Statement of Undisputed Material Facts, # 3 Declaration of Lorie E. Almon, Esq., # 4 Almon Decl. Exs. A-F, # 5 Almon Decl. Exs. G-V, # 6 Almon Decl. Exs. W-RR, # 7 Declaration of Brenda Weber, # 8 Weber Decl. Exs. A-C, # 9 Weber Decl. Exs. D-E, # 10 Declaration of Ricky Velez, # 11 Velez Decl. Exs. A-D, # 12 Declaration of Steven Deaney, # 13 Deaney Decl. Exs. A-E, # 14 Declaration of Tommaso Anzalone, # 15 Anzalone Decl. Exs. A-D) (Almon, Lorie) (Entered: 08/15/2014)
2014-08-19 36 0 Letter MOTION to Adjourn Conference /Trial addressed to the Hon. Jack B. Weinstein with a request to adjourn the trial, in this action, from December 1, 2014 to a date after January 12, 2015. by Costco Wholesale Corporation. (Smith, Cameron) (Entered: 08/19/2014)
2014-09-02 37 0 ORDER granting 36 Motion to Adjourn Trial; SCHEDULING ORDER: By December 22, 2014, the parties shall submit to the court proposed full jury charges and verdict sheets, in limine motions, and supporting briefs. They shall exchange and file (1) lists of pre-marked exhibits proposed for use at trial, together with copies of all exhibits, and stipulations regarding admissibility, (2) lists of potential witnesses together with brief summaries of proposed testimony, and (3) stipulations with respect of all undisputed facts. Argument on all in limine motions will be heard on January 5, 2015, at 10:00 a.m. Trial will begin on January 12, 2015, at 2:00 p.m. A jury will be selected that morning by a magistrate judge. Any disputes related to briefing schedules or discovery are respectfully referred to the magistrate judge. (Proposed full jury charges and verdict sheets, in limine motions, and supporting briefs due by 12/22/2014. Argument on all in limine motions will be heard 1/5/2015 at 10:00 at AM in Courtroom 10B South before Judge Jack B. Weinstein. Trial will begin on January 12, 2015, at 2:00 p.m.) Ordered by Judge Jack B. Weinstein on 8/27/2014. (Barrett, C) (Entered: 09/02/2014)
2014-09-03 38 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 7/28/14, before Judge Weinstein. Court Reporter/Transcriber G. Rudolph, Telephone number 718-613-2538. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/24/2014. Redacted Transcript Deadline set for 10/6/2014. Release of Transcript Restriction set for 12/2/2014. (Rudolph, Gene) (Entered: 09/03/2014)
2014-09-05 39 0 REPLY in Support re 35 MOTION for Summary Judgment filed by Costco Wholesale Corporation. (Almon, Lorie) (Entered: 09/05/2014)
2014-09-05 40 0 Letter MOTION for Extension of Time to File Response/Reply as to 35 MOTION for Summary Judgment Plaintiff's Request for an Extension of Time to File its Anticipated Opposition to Defendant's Motion for Summary Judgment by Jean Camara. (Henry, Chauncey) (Entered: 09/05/2014)
2014-09-15 41 0 MEMORANDUM in Opposition re 35 MOTION for Summary Judgment Plaintiff's Memorandum in Opposition to Defendant's Motion for Summary Judgment and Counter-Motion for an Order Pursuant to FRCP 56(d) filed by Jean Camara. (Attachments: # 1 Rule 56.1 Statement Plaintiff's Local Rule 56.1 Statement of Disputed Material Facts and Counter Statement of Facts, # 2 Declaration Declaration of Chauncey D. Henry, # 3 Exhibit Henry Decl. Exs. A-G, # 4 Exhibit Henry Decl. Exs. H-O, # 5 Exhibit Henry Decl. Exs. P-X, # 6 Exhibit Henry Decl. Exs. Y-AF, # 7 Exhibit Henry Decl. Exs. AG-AO, # 8 Declaration Declaration of Jean Camara) (Henry, Chauncey) (Entered: 09/15/2014)
2014-09-26 42 0 Letter MOTION for Leave to Electronically File Document under Seal by Costco Wholesale Corporation. (Smith, Cameron) (Entered: 09/26/2014)
2014-09-29 43 0 REPLY in Support re 35 MOTION for Summary Judgment Reply Memorandum of Law in Support of Defendant Costco Wholesale Corporation's Motion for Summary Judgment filed by Costco Wholesale Corporation. (Attachments: # 1 Defendant's Response to Plaintiff's Counter Statement of Facts, # 2 Declaration of Lorie E. Almon, Esq., # 3 Almon Decl. Exs. A-I, # 4 Almon Decl. Exs. J-N) (Almon, Lorie) (Entered: 09/29/2014)
2014-09-30 44 0 Letter MOTION to Unseal Document 43 Exparte, Reply in Support,, filed by Costco Wholesale Corporation Letter Motion Requesting an Order that Defendant's counsel re-docket its Reply in accordance with Your Honor's September 29, 2014 Order as to Permit Plaintiff ECF access by Jean Camara. (Henry, Chauncey) (Entered: 09/30/2014)
2014-10-02 45 0 ORDER Setting Hearing on 35 MOTION for Summary Judgment : Motion Hearing set for 12/15/2014 at 10:00 AM in Courtroom 10B South before Judge Jack B. Weinstein. The plaintiff and a knowledgeable person for the defendant shall be present in person with counsel at the hearing. Ordered by Judge Jack B. Weinstein on 9/17/2014. (Barrett, C) (Entered: 10/02/2014)
2014-11-14 46 0 Notice of MOTION in Limine by Jean Camara. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Chauncey D. Henry, Esq., # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F) (Henry, Chauncey) (Entered: 11/14/2014)
2014-11-19 47 0 Letter MOTION for Extension of Time to File Response/Reply as to 46 Notice of MOTION in Limine -- Filed by Costco Wholesale Corporation. (Smith, Cameron) (Entered: 11/19/2014)
2014-11-19 48 0 REPLY in Opposition re 47 Letter MOTION for Extension of Time to File Response/Reply as to 46 Notice of MOTION in Limine -- Filed Letter in Reply to Defendant's Request for Extension of Time to Respond to Plaintiff's Motion in Limine filed by Jean Camara. (Henry, Chauncey) (Entered: 11/19/2014)
2014-11-21 49 0 NOTICE of Appearance by Lynn A. Kappelman on behalf of Costco Wholesale Corporation (aty to be noticed) (Kappelman, Lynn) (Entered: 11/21/2014)
2014-12-12 50 0 Letter MOTION to Adjourn Conference - ECF filed by Costco Wholesale Corporation. (Almon, Lorie) (Entered: 12/12/2014)
2014-12-12 51 0 ORDER Setting Hearing on Plaintiff's Counter Motion for an Order, pursuant to Fed. R. Civ. P. 56(d)., on December 15, 2014 at 10 a.m. in Courtroom 10B South. Plaintiff will be present, as will a representative or representatives of defendant with knowledge of the events in question. A preliminary discussion on the motion for summary judgment, previously scheduled for December 15, 2014 at 10 a.m., will be conducted, with the full hearing on the motion to be rescheduled to a date to be determined based on the disposition of plaintiff's counter motion. (Motion Hearing set for 12/15/2014 10:00 AM in Courtroom 10B South before Judge Jack B. Weinstein.) Ordered by Judge Jack B. Weinstein on 12/12/2014. (Barrett, C) (Entered: 12/12/2014)
2014-12-15 52 0 SCHEDULING ORDER denying 50 Motion to Adjourn Hearing scheduled for December 15, 2014 at 10 a.m. If practicable, defendant shall produce its employee with knowledge of the discovery related issue raised by plaintiff. That witness may appear by telephone. Counsel for defendant will contact Case Manager June Lowe to arrange to appear. Ordered by Judge Jack B. Weinstein on 12/12/2014. (Barrett, C) (Entered: 12/15/2014)
2014-12-15 53 0 MEMORANDUM in Opposition re 46 Notice of MOTION in Limine Defendant's Opposition to Plaintiff's Omnibus Motions in Limine filed by Costco Wholesale Corporation. (Attachments: # 1 Declaration of Cameron Smith, Esq., # 2 Smith Decl. Exs. A-K, # 3 Declaration of Brenda Weber) (Kappelman, Lynn) (Entered: 12/15/2014)
2014-12-17 54 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 12/15/14, before Judge Weinstein. Court Reporter/Transcriber Mary Agnes Drury. Email address: mad78910@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 1/7/2015. Redacted Transcript Deadline set for 1/19/2015. Release of Transcript Restriction set for 3/17/2015. (Drury, Mary) (Entered: 12/17/2014)
2014-12-17 55 0 ORDER: At the hearing held on December 15, 2014, plaintiff's cross motion, brought pursuant to Fed. R. Civ. P. 56 (d) for additional discovery, was respectfully referred to the magistrate judge for adjudication. A hearing on defendant's motion for summary judgment will be held on December 18, 2014 at 11:30 a.m. in Courtroom 10B South. Plaintiff and a representative from defendant with knowledge of the events shall appear in person or by telephone. The trial previously scheduled for January 12, 2015 at 2 p.m. is adjourned to February 23, 2015 at 2 p.m. A jury will be selected that morning by a magistrate judge. By February 9, 2015, the parties shall submit to the court proposed full jury charges and verdict sheets, in limine motions, and supporting briefs. They shall exchange and file (1) lists of pre-marked exhibits proposed for use at trial, together with copies of all exhibits, and stipulations regarding admissibility, (2) lists of potential witnesses together with brief summaries of proposed testimony, and (3) stipulations with respect of all undisputed facts. Argument on all in limine motions will be heard on February 17, 2015, at 10:00 a.m. in Courtroom lOB South. Any disputes related to briefing schedules or discovery are respectfully referred to the magistrate judge. (Jury Trial set for 2/23/2015 at 02:00 PM in Courtroom 10B South before Judge Jack B. Weinstein.) Ordered by Judge Jack B. Weinstein on 12/16/2014. (Barrett, C) (Entered: 12/17/2014)
2014-12-17 56 0 TRANSCRIPT of Proceedings held on December 15, 2014, before Judge Bloom. Court Transcriber: TypeWrite Word Processing Service, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 1/7/2015. Redacted Transcript Deadline set for 1/19/2015. Release of Transcript Restriction set for 3/17/2015. (Rocco, Christine) (Entered: 12/17/2014)
2014-12-18 57 0 NOTICE of Appearance by Max A Wolfson on behalf of Jean Camara (aty to be noticed) (Wolfson, Max) (Entered: 12/18/2014)
2014-12-22 58 0 Notice of MOTION in Limine to Exclude Evidence of Costco's Financial Condition by Costco Wholesale Corporation. (Attachments: # 1 Memorandum in Support of Defendant's Motion in Limine to Exclude Evidence of Costco's Financial Condition) (Kappelman, Lynn) (Entered: 12/22/2014)
2014-12-22 59 0 Notice of MOTION in Limine to Limit Testimony and Evidence Regarding Plaintiff's Alleged Emotional Distress by Costco Wholesale Corporation. (Attachments: # 1 Memorandum in Support of Defendant's Motion in Limine to Limit Testimony and Evidence regarding Plaintiff's Alleged Emotional Distress, # 2 Declaration of Cameron Smith, # 3 Exhibit A-B to Smith Declaration) (Kappelman, Lynn) (Entered: 12/22/2014)
2014-12-22 60 0 Notice of MOTION in Limine to Exclude Plaintiff's Owner Testimony About Available Positions in the Electronics Department by Costco Wholesale Corporation. (Attachments: # 1 Memorandum in Support of Motion in Limine to Exclude Plaintiff's Own Testimony About Available Positions in the Electronics Department, # 2 Declaration of Cameron Smith, # 3 Exhibit A to Smith Declaration) (Kappelman, Lynn) (Entered: 12/22/2014)
2014-12-22 61 0 Notice of MOTION in Limine to Exclude Irrelevant Investigation Documents by Costco Wholesale Corporation. (Attachments: # 1 Memorandum in Support of Defendant's Motion in Limine to Exclude Irrelevant Investigation Documents, # 2 Declaration of Cameron Smith, # 3 Exhibit A to Smith Declaration, # 4 Declaration of Brenda Weber, # 5 Exhibit A-D to Weber Declaration) (Kappelman, Lynn) (Entered: 12/22/2014)
2014-12-22 62 0 Notice of MOTION in Limine to Preclude Plaintiff from Eliciting Testimony from His Religious Cleric by Costco Wholesale Corporation. (Attachments: # 1 Memorandum in Support of Motion in Limine to Preclude Plaintiff from Eliciting Testimony from his Religious Cleric, # 2 Declaration of Cameron Smith, # 3 Exhibit A-D to Smith Declaration) (Kappelman, Lynn) (Entered: 12/22/2014)
2014-12-22 63 0 Notice of MOTION in Limine to Exclude Inadmissible Hearsay Evidence by Costco Wholesale Corporation. (Attachments: # 1 Memorandum in Support of Motion in Limine to Exclude Inadmissible Hearsay Evidence, # 2 Declaration of Cameron Smith, # 3 Exhibit A-C to Smith Declaration) (Kappelman, Lynn) (Entered: 12/22/2014)
2015-01-05 64 0 MEMORANDUM in Opposition re 58 Notice of MOTION in Limine to Exclude Evidence of Costco's Financial Condition filed by Jean Camara. (Attachments: # 1 Declaration Declaration of Max A. Wolfson, Esq., # 2 Exhibit A, # 3 Exhibit B) (Henry, Chauncey) (Entered: 01/05/2015)
2015-01-05 65 0 MEMORANDUM in Opposition re 59 Notice of MOTION in Limine to Limit Testimony and Evidence Regarding Plaintiff's Alleged Emotional Distress filed by Jean Camara. (Attachments: # 1 Declaration Declaration of Jade L. Morrison, Esq., # 2 Exhibit A) (Henry, Chauncey) (Entered: 01/05/2015)
2015-01-05 66 0 MEMORANDUM in Opposition re 60 Notice of MOTION in Limine to Exclude Plaintiff's Owner Testimony About Available Positions in the Electronics Department filed by Jean Camara. (Attachments: # 1 Declaration Declaration of Chauncey D. Henry, Esq., # 2 Exhibit A) (Henry, Chauncey) (Entered: 01/05/2015)
2015-01-05 67 0 MEMORANDUM in Opposition re 61 Notice of MOTION in Limine to Exclude Irrelevant Investigation Documents filed by Jean Camara. (Attachments: # 1 Declaration Declaration of Max A. Wolfson, Esq., # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C) (Henry, Chauncey) (Entered: 01/05/2015)
2015-01-05 68 0 MEMORANDUM in Opposition re 62 Notice of MOTION in Limine to Preclude Plaintiff from Eliciting Testimony from His Religious Cleric filed by Jean Camara. (Attachments: # 1 Declaration of Chauncey D. Henry, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E) (Henry, Chauncey) (Entered: 01/05/2015)
2015-01-05 69 0 MEMORANDUM in Opposition re 63 Notice of MOTION in Limine to Exclude Inadmissible Hearsay Evidence filed by Jean Camara. (Attachments: # 1 Declaration of Chauncey D. Henry, Esq., # 2 Exhibit A) (Henry, Chauncey) (Entered: 01/05/2015)
2014-12-18 70 0 Minute Entry for proceedings held before Judge Jack B. Weinstein: Motion Hearing held on 12/18/2014 re 35 MOTION for Summary Judgment filed by Costco Wholesale Corporation. Counsel for all sides present. Motion argued. Decision reserved. (Court Reporter M. A. Drury.) (Barrett, C) (Entered: 01/09/2015)
2014-12-15 71 0 Minute Entry for proceedings held before Judge Jack B. Weinstein: Motion Hearing held on 12/15/2014 re MOTION for Additional Discovery. Counsel for all sides present. Motion argued. Respectfully referred to the magistrate judge for the reasons stated orally on the record. Trial 2/23/2015. In limine motions 2/17/2015 at 10:00 a.m. (Court Reporter M. A. Drury.) (Barrett, C) (Entered: 01/15/2015)
2015-01-15 72 0 REPLY in Support re 58 Notice of MOTION in Limine to Exclude Evidence of Costco's Financial Condition filed by Costco Wholesale Corporation. (Kappelman, Lynn) (Entered: 01/15/2015)
2015-01-15 73 0 REPLY in Support re 59 Notice of MOTION in Limine to Limit Testimony and Evidence Regarding Plaintiff's Alleged Emotional Distress filed by Costco Wholesale Corporation. (Kappelman, Lynn) (Entered: 01/15/2015)
2015-01-15 74 0 REPLY in Support re 60 Notice of MOTION in Limine to Exclude Plaintiff's Owner Testimony About Available Positions in the Electronics Department, 63 Notice of MOTION in Limine to Exclude Inadmissible Hearsay Evidence filed by Costco Wholesale Corporation. (Kappelman, Lynn) (Entered: 01/15/2015)
2015-01-15 75 0 REPLY in Support re 61 Notice of MOTION in Limine to Exclude Irrelevant Investigation Documents filed by Costco Wholesale Corporation. (Attachments: # 1 Reply Declaration of Cameron Smith, Esq., # 2 Smith Reply Dec. Ex. A) (Kappelman, Lynn) (Entered: 01/15/2015)
2015-01-15 76 0 REPLY in Support re 62 Notice of MOTION in Limine to Preclude Plaintiff from Eliciting Testimony from His Religious Cleric filed by Costco Wholesale Corporation. (Kappelman, Lynn) (Entered: 01/15/2015)
2015-02-09 77 0 MOTION for Leave to Electronically File Document under Seal ; Served Via Electronic Mail; ECF filed by Costco Wholesale Corporation. (Smith, Cameron) (Entered: 02/09/2015)
2015-02-09 78 0 STIPULATION of Undisputed Facts by Costco Wholesale Corporation (Smith, Cameron) (Entered: 02/09/2015) 2015-03-09 16:13:24 39eab0acc92945e3677295ebdf188afc8d719056
2015-02-09 79 0 Witness List by Costco Wholesale Corporation (Attachments: # 1 Certificate of Service) (Kappelman, Lynn) (Entered: 02/09/2015)
2015-02-09 80 0 Proposed Jury Instructions by Costco Wholesale Corporation (Attachments: # 1 Certificate of Service) (Kappelman, Lynn) (Entered: 02/09/2015)
2015-02-09 81 0 Witness List by Jean Camara (Henry, Chauncey) (Entered: 02/09/2015)
2015-02-09 82 0 Proposed Jury Instructions by Jean Camara (Henry, Chauncey) (Entered: 02/09/2015)
2015-02-09 83 0 Proposed Jury Instructions by Costco Wholesale Corporation (Attachments: # 1 Certificate of Service) (Kappelman, Lynn) (Entered: 02/09/2015)
2015-02-09 84 0 Proposed Findings of Fact by Jean Camara (Henry, Chauncey) (Entered: 02/09/2015)
2015-02-09 85 0 STIPULATION Regarding Witnesses by Costco Wholesale Corporation (Smith, Cameron) (Entered: 02/09/2015)
2015-02-09 86 0 Exhibit List by Costco Wholesale Corporation. (Attachments: # 1 Exhibit for Plaintiff (1-19), # 2 Exhibit for Plaintiff (20-38), # 3 Exhibit for Defendant (100-107), # 4 Exhibit for Defendant (108-145), # 5 Exhibit for Defendant (146-197), # 6 Exhibit for Defendant (198-206)) (Kappelman, Lynn) (Entered: 02/09/2015)
2015-02-11 87 0 NOTICE of Appearance by Maria Papasevastos on behalf of Costco Wholesale Corporation (aty to be noticed) (Attachments: # 1 Certificate of Service) (Papasevastos, Maria) (Entered: 02/11/2015)
2015-02-11 88 0 Exhibit List by Costco Wholesale Corporation. (Attachments: # 1 Exhibit for Plaintiff (1-19), # 2 Exhibit for Plaintiff (20-38), # 3 Exhibit for Defendant (100-107), # 4 Exhibit for Defendant (108-145), # 5 Exhibit for Defendant (146-197), # 6 Exhibit for Defendant (198-207)) (Smith, Cameron) (Entered: 02/11/2015)
2015-02-17 89 0 ORDER re 35 MOTION for Summary Judgment filed by Costco Wholesale Corporation. This order is issued to aid parties in preparing for argument on the motions in limine, which is scheduled for Tuesday, February 17, 2015. Pursuant to Fed. R. Civ. P. 12(b)(1), the claims arising under New York State Human Rights Law, N.Y. Exec. Law § § 296 (1)(e), 296(1) (10)(a); and New York City Human Rights Law, N.Y.C. Admin. Code § 8-107(a), will be dismissed. Summary judgment, pursuant to Fed. R. Civ. P. 56, will be granted with respect to the claims arising under the Civil Rights Act of 1866, 42 U.S.C. § 1981, and common law breach of contract. Summary judgment, pursuant to Fed. R. Civ. P. 56, will be denied with respect to plaintiff's claims for violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. An opinion will follow. Ordered by Judge Jack B. Weinstein on 2/13/2015. (Barrett, C) (Entered: 02/17/2015)
2015-02-18 90 0 Minute Entry for Interim Pretrial Conference held on 2/17/2015 before Chief Magistrate Judge Steven M. Gold: Henry, Morrison and Wolfson for plaintiff; Kappelman, Smith and Papasevastos for defendant. The parties will submit a neutral description of their respective claims, and any proposed voir dire, by February 19, 2015, by fax to 718-613-2565. Jury selection will commence at 9:15 a.m. in Courtroom 13D on February 23, 2015. Counsel are encouraged to contact my chambers if they believe a settlement conference might be productive. (Vasquez, Lea) (Entered: 02/18/2015)
2015-02-19 91 0 Proposed Jury Instructions by Costco Wholesale Corporation (Kappelman, Lynn) (Entered: 02/19/2015)
2015-02-19 92 0 Proposed Findings of Fact by Costco Wholesale Corporation (Kappelman, Lynn) (Entered: 02/19/2015)
2015-02-19 93 0 Witness List by Costco Wholesale Corporation (Kappelman, Lynn) (Entered: 02/19/2015)
2015-02-19 94 0 Letter application, filed in accordance with the instructions of The Honorable Jack B. Weinstein, presenting for The Court's consideration, two proposed orders to permit certain individuals to bring electronic devices into the Courthouse for use in the upcoming trial; ECF filed by Costco Wholesale Corporation (Attachments: # 1 Exhibit A: Proposed Order, # 2 Exhibit B: Proposed Order) (Kappelman, Lynn) (Entered: 02/19/2015)
2015-02-19 95 0 Proposed Jury Instructions by Jean Camara (Henry, Chauncey) (Entered: 02/19/2015)
2015-02-19 96 0 Witness List by Jean Camara (Henry, Chauncey) (Entered: 02/19/2015)
2015-02-19 97 0 Witness List by Jean Camara (Henry, Chauncey) (Entered: 02/19/2015)
2015-02-23 98 0 ORDER & JUDGMENT. At the hearing on the motions in limine, the parties conceded and stipulated to resolve the pending motion to dismiss pursuant to 12(b)(1) and the motion for summary judgment pursuant to Fed. R. Civ. P. 56. Withdrawn were claims arising under New York State Human Rights Law, N.Y. Exec. Law §§ 296 (1)(e), 296(1)(10)(a); New York City Human Rights Law, N.Y.C. Admin. Code § 8-107(a); Civil Rights Act of 1866, 42 U.S.C. § 1981; and common law breach of contract. Id. Those claims are dismissed with prejudice. Claims arising under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. ("Title VII") relating to plaintiff's religion will proceed to trial. Title VII claims relating to plaintiff's race and national origin are dismissed with prejudice. The parties shall submit revised jury instructions and revised verdict sheets by Thursday, February 19, 2015 at 12:00 p.m. Each party shall furnish the court with: (1) a list of all exhibits; (2) a set of hard copy binder(s) of pre-marked exhibits; and (3) stipulations regarding admissibility by February 23, 2015 at 12:00 p.m. The parties are respectfully referred to this court's Trial Order. See ECF No. 55 , Dec. 17, 2014. Any questions regarding courtroom technology are referred to Case Coordinator June Lowe. Trial will commence on February 23, 2015, immediately following jury selection. Each morning of the trial, the parties will meet at 9:30 am in Courtroom lOB South to resolve any outstanding issues, thus obviating the need for side bars save in exceptional circumstances. Ordered by Judge Jack B. Weinstein on 2/17/2015. (Barrett, C) (Entered: 02/23/2015)
2015-02-24 99 0 Proposed Jury Instructions by Jean Camara (Morrison, Jade) (Entered: 02/24/2015)
2015-02-24 100 0 Proposed Findings of Fact by Jean Camara (Morrison, Jade) (Entered: 02/24/2015)
2015-02-24 101 0 ORDER re 94 Letter. I hereby authorize the named individuals to bring the General Purpose Computing Device(s)("GPCD") listed herein into the Courthouse for use in a trial or proceeding in the action entitled Camara v. Costco Wholesale Corporation, No. 1:13-CV-05246, which is anticipated to begin on February 20, 2015 (for equipment setup), and conclude on February 27, 2015. Ordered by Judge Jack B. Weinstein on 2/20/2015. (Barrett, C) (Entered: 02/24/2015)
2015-02-24 102 0 ORDER re 94 Letter. I hereby authorize the named individuals to bring the General Purpose Computing Device(s)("GPCD") listed herein into the Courthouse for use in a trial or proceeding in the action entitled Camara v. Costco Wholesale Corporation, No. 1:13-CV-05246, which is anticipated to begin on February 20, 2015 (for equipment setup), and conclude on February 27, 2015. Ordered by Judge Jack B. Weinstein on 2/20/2015. (Barrett, C) (Entered: 02/24/2015)
2015-02-23 103 0 Minute Entry for proceedings held before Chief Mag. Judge Steven M. Gold: Jury Selection held on 2/23/2015. Counsel present. Jury selected. Trial is scheduled to begin at 2:00 p.m. (Court Reporter Anthony Frisolone.) (Barrett, C) (Entered: 02/24/2015)
2015-02-23 104 0 Minute Entry for proceedings held before Judge Jack B. Weinstein: Jury Trial held on 2/23/2015. All parties present. Trial ordered and begun. Plaintiff opens. Defendant opens. Trial continued to 2/24/2015 at 9:00 a.m. (Court Reporter M. Nardone.) (Barrett, C) (Entered: 02/24/2015)
2015-02-24 105 0 Minute Entry for proceedings held before Judge Jack B. Weinstein: Jury Trial held on 2/24/2015. All parties present. Trial resumed. Juror # 10 is excused. (Jury Trial continued to 2/25/2015 at 09:30 AM in Courtroom 10B South before Judge Jack B. Weinstein.) (Court Reporter M. Nardone.) (Barrett, C) (Entered: 02/24/2015)
2015-02-25 106 0 MOTION to Produce Motion to Introduce NYSDHR Findings by Costco Wholesale Corporation. (Attachments: # 1 Memorandum in Support, # 2 Certificate of Service) (Kappelman, Lynn) (Entered: 02/25/2015)
2015-02-25 107 0 Minute Entry for proceedings held before Judge Jack B. Weinstein: Jury Trial held on 2/25/2015. All parties present. Trial resumed. Juror #11 is excused. (Jury Trial continued to 2/26/2015 at 09:30 AM in Courtroom 10B South before Judge Jack B. Weinstein.)(Court Reporter M. Nardone.) (Barrett, C) (Entered: 02/27/2015)
2015-02-26 108 0 Minute Entry for proceedings held before Judge Jack B. Weinstein: Jury Trial held on 2/26/2015. All parties present. Trial resumed. (Jury Trial continued to 2/27/2015 at 09:30 AM in Courtroom 10B South before Judge Jack B. Weinstein.)(Court Reporter M. Nardone.) (Barrett, C) (Entered: 02/27/2015)
2015-02-17 109 0 Minute Order for proceedings held before Judge Jack B. Weinstein, terminating 46 , 58 , 59 , 60 , 61 , 62 , 63 Motions in Limine. Motion Hearing held on 2/17/2015. Counsel for all sides present. Motions argued. Decision on the record. (Court Reporter W. Richard.) (Barrett, C) (Entered: 03/04/2015)
2015-02-27 110 0 Minute Entry for proceedings held before Judge Jack B. Weinstein: Jury Trial held on 2/27/2015. All parties present. Trial resumed. (Jury Trial continued to 3/2/2015 at 09:30 AM in Courtroom 10B South before Judge Jack B. Weinstein.)(Court Reporter M. Nardone.) (Barrett, C) (Entered: 03/04/2015)
2015-03-02 111 0 Minute Entry for proceedings held before Judge Jack B. Weinstein: Jury Trial held on 3/2/2015. All parties present. Trial resumed. Plaintiff rests. Defendant rests. Jury charged. Deliberations begin. Deliberations continued to 3/3/2015 at 10:00 a.m. (Deliberations continued to 3/3/2015 at 10:00 AM in Courtroom 10B South before Judge Jack B. Weinstein.) (Court Reporter S. Bryant.) (Barrett, C) (Entered: 03/04/2015)
2015-03-02 112 0 ORDER OF SUSTENANCE. IT IS ORDERED that the Marshal supply proper sustenance to the 10 jurors empaneled in the above entitled case. Ordered by Judge Jack B. Weinstein on 3/2/2015. (Barrett, C) (Entered: 03/04/2015)
2015-03-05 113 0 SCHEDULING ORDER. If an application for costs is made, then the court will hear oral argument on the motion. Oral argument is scheduled for April 2, 2015 at 10:30 a.m. in Courtroom lOB South. The parties may work out a briefing schedule for any opposition or reply papers. If the parties cannot agree on a briefing schedule, the magistrate judge shall rule. All briefing shall be docketed by March 30, 2015 at 12:00 p.m. (Motion Hearing set for 4/2/2015 at 10:30 AM in Courtroom 10B South before Judge Jack B. Weinstein.) Ordered by Judge Jack B. Weinstein on 3/4/2015. (Barrett, C) (Entered: 03/05/2015)
2015-03-03 114 0 Minute Order for proceedings held before Judge Jack B. Weinstein: Jury Trial completed on 3/3/2015. All parties present. Jury deliberations continue. Jury deliberations end. Jury finds in favor of the defendant. Defendant's Oral Motion to File an application for costs within 14 days is granted. (Court Reporter S. Bryant.) (Barrett, C) (Entered: 03/09/2015)