Polite v. Khan Funds Management America, Inc. et al
| New York Southern District Court | |
| Judge: | George B Daniels |
| Case #: | 1:17-cv-02988 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 42:2000e-2e Job Discrimination (Unlawful Employment Practices) |
| Case Filed: | Apr 24, 2017 |
| Terminated: | Feb 07, 2018 |
| Last checked: Saturday Oct 21, 2017 6:01 AM EDT |
|
Defendant
Xuefeng (Eric) Dai
One World Trade Center, Suite 83K
New York, NY 10007 |
Represented By
|
|
Defendant
Khan Funds Management America, Inc.
One World Trade Center, Suite 83K
New York, NY 10007 |
Represented By
|
|
Plaintiff
Robert Polite
1241 Alicia Avenue
Teaneck, NJ 07666 |
Represented By
|
| Docket last updated: 3 hours ago |
| Wednesday, February 07, 2018 | ||
| 37 | 37
order
Judgment - Clerk
Wed 02/07 12:54 PM
CLERK'S JUDGMENT re:36 Order on Motion to Dismiss in favor of Khan Funds Management America, Inc., Xuefeng (Eric) Dai against Robert Polite. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasonsstated in the Court's Memorandum Decision and Order dated February 5, 2018, Plaintiff has failed to state claims for whistleblower retaliation in violation of Dodd-Frank and employment discrimination under Title VII. Accordingly, Plaintiff's First and Second Causes of Action are DISMISSED. Because this Court declines to exercise supplemental jurisdiction over Plaintiff's state law claims, those claims are DISMISSED without prejudice to refile in state court; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 02/07/2018)(km) |
|
|
Att: 1
Right to Appeal
|
||
| Monday, February 05, 2018 | ||
| 36 | 36
15
pgs
order
Order on Motion to Dismiss
Mon 02/05 6:54 PM
MEMORANDUM DECISION AND ORDER: granting12 Motion to Dismiss. Plaintiff has failed to state claims for whistleblower retaliation in violation of Dodd-Frank and employment discrimination under Title VII. Accordingly, Plaintiff's First and Second Causes of Action are DISMISSED. Because this Court declines to exercise supplemental jurisdiction over Plaintiff's state law claims, those claims are DISMISSED without prejudice to refile in state court. The Clerk of the Court is respectfully requested to close the motion at ECF No. 12, and this case, accordingly. SO ORDERED. (Signed by Judge George B. Daniels on 2/05/2018) (ama) |
|
|
misc
Transmission to Judgments and Orders Clerk
Mon 02/05 6:54 PM
Transmission to Judgments and Orders Clerk. Transmitted re:36 Order on Motion to Dismiss,,, to the Judgments and Orders Clerk. (ama) |
||
| Monday, January 08, 2018 | ||
| 35 | 35
order
Consent Order ~Util - Add and Terminate Attorneys
Mon 01/08 12:37 PM
CONSENT ORDER GRANTING SUBSTITUTION OF ATTONREY: on re:34 Notice of Substitution of Attorney, filed by Khan Funds Management America, Inc., Xuefeng (Eric) Dai. The substitution of attorney is hereby approved and so ORDERED. Attorney Hugh Hu Mo terminated. Attorney Orig Goldring added. (Signed by Judge George B. Daniels on 1/8/2018) (ap) |
|
| Sunday, January 07, 2018 | ||
| 34 | 34
notice
Notice of Substitution of Attorney
Sun 01/07 2:46 PM
NOTICE of Substitution of Attorney. Old Attorney: Hugh H. Mo, New Attorney: Orit Goldring, Address: The Goldring Firm, 11 Broadway, Suite 615, New York, NY, USA 10004, 2128449308. Document filed by Xuefeng (Eric) Dai, Khan Funds Management America, Inc.. (Goldring, Orit) |
|
| Friday, January 05, 2018 | ||
| 33 | 33
notice
Notice of Appearance
Fri 01/05 1:57 PM
NOTICE OF APPEARANCE by Orit Goldring on behalf of Xuefeng (Eric) Dai, Khan Funds Management America, Inc.. (Goldring, Orit) |
|
| Thursday, December 21, 2017 | ||
| 32 | 32
1
pgs
order
Order ~Util - Set Hearings
Thu 12/21 5:09 PM
SCHEDULING ORDER: The conference previously scheduled for January 4, 2018, is adjourned to February 15, 2018, at 9:45 a.m. (Status Conference set for 2/15/2018 at 9:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 12/21/2017) (ap) |
|
| Tuesday, November 07, 2017 | ||
| 31 | 31
order
Scheduling Order
Tue 11/07 10:03 AM
SCHEDULING ORDER: The conference previously scheduled for November 9, 2017, is adjourned to January 4, 2018, at 9:45 a.m. Status Conference set for 1/4/2018 at 09:45 AM before Judge George B. Daniels. (Signed by Judge George B. Daniels on 11/7/2017) (mro) |
|
| Monday, October 02, 2017 | ||
| 30 | 30
6
pgs
respm
Memorandum of Law in Opposition to Motion
Mon 10/02 8:22 PM
SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re:12 FIRST MOTION to Dismiss . . Document filed by Robert Polite.(Bernstein, Joshua) |
|
|
Att: 1
Exhibit 5, Affidavit,
|
||
|
Att: 2
Exhibit 6, Hedge Fund Governance Document,
|
||
|
Att: 3
Exhibit 7, Prospectus,
|
||
|
Att: 4
Exhibit 8, CFO and FD description
|
||
| Thursday, September 21, 2017 | ||
|
minutes
Oral Argument
Thu 09/21 3:54 PM
Minute Entry for proceedings held before Judge George B. Daniels: Oral Argument held on 9/21/2017 re:12 FIRST MOTION to Dismiss . filed by Khan Funds Management America, Inc., Xuefeng (Eric) Dai. Plaintiff Counsel: Joshua Alexander Bernstein; Defense Counsel: Pedro Medina, Jr and Court Reporter present. The subsequent conference is scheduled for November 9, 2017 at 9:45 a.m. (Vega, Elizabeth) |
||
| Friday, August 18, 2017 | ||
| 29 | 29
respm
Reply Memorandum of Law in Support of Motion
Fri 08/18 1:04 PM
FIRST REPLY MEMORANDUM OF LAW in Support re:12 FIRST MOTION to Dismiss . . Document filed by Xuefeng (Eric) Dai, Khan Funds Management America, Inc.. (Medina, Pedro) |
|
| Friday, August 04, 2017 | ||
| 28 | 28
respm
Affirmation in Opposition to Motion
Fri 08/04 5:20 PM
AFFIRMATION of Joshua Bernstein in Opposition re:12 FIRST MOTION to Dismiss .. Document filed by Robert Polite.(Bernstein, Joshua) |
|
|
Att: 1
Exhibit 1,
|
||
|
Att: 2
Exhibit 2,
|
||
|
Att: 3
Exhibit 3,
|
||
|
Att: 4
Exhibit 4
|
||
| 27 | 27
respm
Memorandum of Law in Opposition to Motion
Fri 08/04 5:19 PM
MEMORANDUM OF LAW in Opposition re:12 FIRST MOTION to Dismiss . . Document filed by Robert Polite. (Bernstein, Joshua) |
|
| Friday, July 28, 2017 | ||
| 26 | 26
order
Order on Motion for Extension of Time
Fri 07/28 4:20 PM
ORDER granting25 Letter Motion for Extension of Time: SO ORDERED. Oral argument is adjourned to 9/21/2017 at 10:30 AM. (Signed by Judge George B. Daniels on 7/28/2017) (jwh) |
|
|
utility
Set/Reset Hearings Set Motion and R&R Deadlines/Hearings
Fri 07/28 4:22 PM
Set/Reset Hearings: Oral Argument set for 9/21/2017 at 10:30 AM before Judge George B. Daniels. Set/Reset Deadlines as to12 FIRST MOTION to Dismiss : Responses due by 8/4/2017, Replies due by 8/18/2017. (jwh) |
||
| Thursday, July 06, 2017 | ||
| 24 | 24
respm
Response in Support of Motion
Thu 07/06 6:02 PM
LETTER RESPONSE in Support of Motion addressed to Judge George B. Daniels from Pedro Medina dated July 6, 2017 re:22 FIRST LETTER MOTION to Adjourn Conference adjourn Pre-Trial Conference and Stay Discovery addressed to Judge George B. Daniels from Pedro Medina dated July 6, 2017. . Document filed by Xuefeng (Eric) Dai, Khan Funds Management America, Inc.. (Medina, Pedro) |
|
| 23 | 23
respm
Response in Opposition to Motion
Thu 07/06 4:57 PM
LETTER RESPONSE in Opposition to Motion addressed to Judge George B. Daniels from Plaintiff Robert Polite dated 7/6/2017 re:22 FIRST LETTER MOTION to Adjourn Conference adjourn Pre-Trial Conference and Stay Discovery addressed to Judge George B. Daniels from Pedro Medina dated July 6, 2017. . Document filed by Robert Polite. (Bernstein, Joshua) |
|
| 22 | 22
motion
Adjourn Conference
Thu 07/06 3:15 PM
FIRST LETTER MOTION to Adjourn Conference adjourn Pre-Trial Conference and Stay Discovery addressed to Judge George B. Daniels from Pedro Medina dated July 6, 2017. Document filed by Xuefeng (Eric) Dai, Khan Funds Management America, Inc..(Medina, Pedro) |
|
| Sunday, June 18, 2017 | ||
| 20 | 20
misc
Letter
Sun 06/18 8:44 PM
LETTER addressed to Judge George B. Daniels from Plaintiff dated 6/18/2017 re: Request for extension of time to oppose Defendant's motion to dismiss. Document filed by Robert Polite.(Bernstein, Joshua) |
|
| Monday, June 12, 2017 | ||
| 19 | 19
respm
Declaration in Support of Motion
Mon 06/12 4:33 PM
DECLARATION of Xuefeng (Eric) Dai in Support re:12 FIRST MOTION to Dismiss .. Document filed by Xuefeng (Eric) Dai, Khan Funds Management America, Inc..(Medina, Pedro) |
|
|
Att: 1
Exhibit Exhibit A - Quarterly,
|
||
|
Att: 2
Exhibit Exhibit B - Employment Agreement,
|
||
|
Att: 3
Exhibit Exhibit C (1 of 3) Employee Handbook,
|
||
|
Att: 4
Exhibit Exhibit C (2 of 3) Employee Handbook,
|
||
|
Att: 5
Exhibit Exhibit C (3 of 3) Employee Handbook
|
||
| 18 | 18
misc
Rule 7.1 Corporate Disclosure Statement
Mon 06/12 3:43 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Xuefeng (Eric) Dai, Khan Funds Management America, Inc..(Medina, Pedro) |
|
| 17 | 17
notice
Notice of Appearance
Mon 06/12 3:38 PM
NOTICE OF APPEARANCE by Hugh Hu Mo on behalf of Xuefeng (Eric) Dai, Khan Funds Management America, Inc.. (Mo, Hugh) |
|
| 16 | 16
notice
Notice of Appearance
Mon 06/12 3:34 PM
NOTICE OF APPEARANCE by Pedro Medina, Jr on behalf of Xuefeng (Eric) Dai, Khan Funds Management America, Inc.. (Medina, Pedro) |
|
| 15 | 15
respm
Declaration in Support of Motion
Mon 06/12 1:58 PM
DECLARATION of Xuefeng (Eric) Dai in Support re:12 FIRST MOTION to Dismiss .. Document filed by Xuefeng (Eric) Dai, Khan Funds Management America, Inc..(Medina, Pedro) |
|
|
Att: 1
Exhibit Exhibit A - Quarterly Filing,
|
||
|
Att: 2
Exhibit Exhibit B - Employment Agreement
|
||
| 14 | 14
respm
Memorandum of Law in Support of Motion
Mon 06/12 1:03 PM
FIRST MEMORANDUM OF LAW in Support re:12 FIRST MOTION to Dismiss . . Document filed by Xuefeng (Eric) Dai, Khan Funds Management America, Inc.. (Medina, Pedro) |
|
| 13 | 13
respm
Declaration in Support of Motion
Mon 06/12 1:02 PM
DECLARATION of Hugh H. Mo in Support re:12 FIRST MOTION to Dismiss .. Document filed by Xuefeng (Eric) Dai, Khan Funds Management America, Inc..(Medina, Pedro) |
|
|
Att: 1
Exhibit Exhibit A -- Complaint,
|
||
|
Att: 2
Exhibit Exhibit B -- SDHR Complaint,
|
||
|
Att: 3
Exhibit Exhibit C -- SDHR Determination
|
||
| 12 | 12
motion
Dismiss
Mon 06/12 12:50 PM
FIRST MOTION to Dismiss . Document filed by Xuefeng (Eric) Dai, Khan Funds Management America, Inc..(Medina, Pedro) |
|
| Thursday, April 27, 2017 | ||
| 10 | 10
service
Summons Issued
Thu 04/27 11:33 AM
ELECTRONIC SUMMONS ISSUED as to Xuefeng (Eric) Dai. (kl) |
|
| 9 | 9
service
Summons Issued
Thu 04/27 11:31 AM
ELECTRONIC SUMMONS ISSUED as to Khan Funds Management America, Inc. (kl) |
|
| Wednesday, April 26, 2017 | ||
| 8 | 8
service
Request for Issuance of Summons
Wed 04/26 6:32 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Xuefeng (Eric) Dai, re:1 Complaint. Document filed by Robert Polite. (Bernstein, Joshua) |
|
| 7 | 7
service
Request for Issuance of Summons
Wed 04/26 6:29 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Khan Funds Management America, Inc., re:1 Complaint. Document filed by Robert Polite. (Bernstein, Joshua) |
|
| 6 | 6
misc
Civil Cover Sheet
Wed 04/26 6:24 PM
CIVIL COVER SHEET filed. (Bernstein, Joshua) |
|
| 5 | 5
order
Order for Initial Pretrial Conference
Wed 04/26 11:42 AM
INITIAL PRETRIAL CONFERENCE: Initial Conference set for 7/13/2017 at 9:30 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels, and as further set forth in this order. (Signed by Judge George B. Daniels on 4/25/2017) (ap) |
|
| Tuesday, April 25, 2017 | ||
|
misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Tue 04/25 11:11 AM
***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Joshua Alexander Bernstein. The following case opening statistical information was erroneously selected/entered: County code New York; Fee Status code due (due). The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid). (pc) |
||
|
misc
Notice to Attorney Regarding Deficient Civil Cover Sheet
Tue 04/25 11:12 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Joshua Alexander Bernstein to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): The civil cover sheet was not signed. (pc) |
||
|
notice
Case Opening Initial Assignment Notice
Tue 04/25 11:13 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge George B. Daniels. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:http://nysd.uscourts.gov/judges/District] . 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[LINK:http://nysd.uscourts.gov/ecf_filing.php] . (pc) |
||
|
utility
Case Designation
Tue 04/25 11:14 AM
Magistrate Judge Katharine H. Parker is so designated. (pc) |
||
|
utility
Case Designated ECF
Tue 04/25 11:14 AM
Case Designated ECF. (pc) |
||
|
misc
Notice to Attorney Regarding Deficient Request for Issuance of Summons
Tue 04/25 11:19 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. 3 Request for Issuance of Summons, 4 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the form used for the summons is not the official A.O. Summons form. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) |
||
| Monday, April 24, 2017 | ||
| 4 | 4
service
Request for Issuance of Summons
Mon 04/24 10:24 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Xuefeng (Eric) Dai, re:1 Complaint. Document filed by Robert Polite. (Bernstein, Joshua) |
|
| 3 | 3
service
Request for Issuance of Summons
Mon 04/24 10:24 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Khan Funds Management America, Inc., re:1 Complaint. Document filed by Robert Polite. (Bernstein, Joshua) |
|
| 2 | 2
misc
Civil Cover Sheet
Mon 04/24 10:17 PM
CIVIL COVER SHEET filed. (Bernstein, Joshua) |
|
| 1 | 1
10
pgs
cmp
Complaint
Mon 04/24 10:12 PM
COMPLAINT against Xuefeng (Eric) Dai, Khan Funds Management America, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-13579790)Document filed by Robert Polite.(Bernstein, Joshua) |
|