Wall v. DO & CO NY Catering, Inc. et al

New York Eastern District Court
Judge:	Joan M Azrack
Referred:	A Kathleen Tomlinson
Case #:	2:18-cv-03725
Nature of Suit	442 Civil Rights - Employment
Cause	42:2000e Job Discrimination (Employment)

Case Filed:	Jun 27, 2018
Terminated:	Mar 17, 2020

Last checked: Monday Dec 24, 2018 4:22 AM EST

Defendant DO & CO Catering, Inc.	Represented By Christopher Whiton Pendleton Morrison Cohen LLP contact info Jeffrey P. Englander Morrison Cohen LLP contact info
Defendant Michael Marczell
Plaintiff Brenda Wall	Represented By Aaron Jacob Augustus Ferri Leeds Brown Law contact info

GPO Sep 09 2021
ORDER Re 39 Motion to Compel. Plaintiffs motion to compel is GRANTED, in part, consistent with the directives in this Order. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/9/2021. (Tomlinson, A.)

Docket last updated: 03/26/2025 11:59 PM EDT

Monday, September 20, 2021
		order Scheduling Order Mon 09/20 3:43 PM ORDER regarding42 : The Court has reviewed Attorney Englander's September 15, 2021 letter and appreciates the clarifications contained in it. Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/20/2021. (Ameri, Mana) Related: [-]
		order Scheduling Order Mon 09/20 3:52 PM ORDER regarding40 : Subsequent to entering the September 9, 2021 Order on Motion [DE 40], the Court became aware of an error in the last sentence of the first paragraph of the Background section which appears on page 1-2. The Court's September 9, 2021 Order is modified solely to correct the date the Plaintiff accepted the Rule 68 Offer to March 12, 2020 [DE 35], and the date the Court entered judgment against the Defendant to March 17, 2020 [DE 37]. Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/20/2021. (Ameri, Mana) Related: [-]
Wednesday, September 15, 2021
42		42 misc Letter Wed 09/15 2:37 PM Letter addressed to Judge Tomlinson regarding the Order dated September 9, 2021 by DO & CO Catering, Inc. (Englander, Jeffrey) Related: [-]
Tuesday, September 14, 2021
41		41 misc Satisfaction of Judgment Tue 09/14 10:28 AM SATISFACTION OF JUDGMENT entered In favor of Brenda Wall Against DO & CO Catering, Inc. by Brenda Wall (Ferri, Aaron) Related: [-]
Thursday, September 09, 2021
40		40 5 pgs order Order on Motion to Compel Thu 09/09 8:56 PM ORDER Re39 Motion to Compel. Plaintiffs motion to compel is GRANTED, in part, consistent with the directives in this Order. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/9/2021. (Tomlinson, A.) Related: [-]
Wednesday, September 30, 2020
		order Order on Motion to Compel Wed 09/30 2:28 PM ORDER terminating38 Motion to Compel. In light of the fact that Plaintiff has filed a duplicate motion to compel (DE 39), the court is terminating this first motion. The Court is also notifying counsel that Judge Azrack has requested that this Court address the motion to compel. The Court is taking the motion under advisement and will issue a decision in due course. Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/30/2020. (Ameri, Mana) Related: [-]
Tuesday, September 15, 2020
39		39 motion Compel Tue 09/15 10:37 AM Letter MOTION to Compel by Brenda Wall. (Ostrove, Rick) Related: [-]
		Att: 1 Exhibit EX A Judgment,
		Att: 2 Exhibit Ex B Notice of Deposition,
		Att: 3 Exhibit Ex C Plaintiff's Request for Post Judgment Interrog
Thursday, August 13, 2020
38		38 motion Compel Thu 08/13 11:41 AM Letter MOTION to Compel by Brenda Wall. (Ostrove, Rick) Related: [-]
		Att: 1 Exhibit EX A Judgment,
		Att: 2 Exhibit Ex B Notice of Deposition,
		Att: 3 Exhibit Ex C Plaintiff's Request for Post Judgment Interrog
		order Order Reassigning Case Thu 08/13 1:01 PM ORDER REASSIGNING CASE. Case reassigned to Judge Joan M. Azrack for all further proceedings. Judge Arthur D. Spatt no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such.Ordered by Chief Judge Roslynn R. Mauskopf on 8/13/2020. (Davis, Kimberly) Related: [-]
Tuesday, March 17, 2020
37		37 order Judgment - Clerk Tue 03/17 10:11 AM CLERK'S JUDGMENT: ORDERED AND ADJUDGED that judgment is entered in favor of Plaintiff Brenda Wall against Defendant Do & Co. New York Catering, Inc., in the amount of Four Hundred Fifty Thousand Dollars and Zero Cents ($450,000.00) in order to resolve any and all claims and causes of action which were or could have been alleged, including counterclaims, asserted by and between Plaintiff and Defendant in the about-captioned action, inclusive of all costs, re-judgment interest and attorneys' fees accrued to date. Ordered by Clerk of Court on 3/17/2020. (Toritto, Jim) Related: [-]
Friday, March 13, 2020
36		36 order Order(Other) Fri 03/13 3:08 PM ORDER re35 Notice of Acceptance with Offer of Judgment filed. Pursuant to the Plaintiff's March 12, 2020 letter indicating that she accepted this offer of judgment, the Clerk of the Court is directed to enter judgment consistent with the parties' agreement. Case closed. SEE ATTACHED OFFER OF JUDGMENT for details. SO ORDERED by Judge Arthur D. Spatt on 3/13/2020. (Coleman, Laurie) Related: [-]
Thursday, March 12, 2020
35		35 notice Notice of Acceptance with Offer of Judgment Thu 03/12 3:46 PM NOTICE of Acceptance with Offer of Judgment by Brenda Wall (Ostrove, Rick) Related: [-]
		Att: 1 Exhibit Offer of Judgment/Acceptance/AOS
Friday, November 01, 2019
		order Scheduling Order Fri 11/01 4:06 PM ORDER regarding34 : Discovery is closed and the parties have submitted their proposed joint pretrial order. After examination of the order, the Court finds that it substantially complies with the requirements of the Honorable Arthur D. Spatt, United States District Judge. Accordingly, the joint pretrial order is accepted for filing and the action is deemed ready for trial. The action will be tried in accordance with the discretion and trial calendar of District Judge Arthur D. Spatt. Ordered by Magistrate Judge A. Kathleen Tomlinson on 11/1/2019. (Ameri, Mana) Related: [-]
Thursday, October 31, 2019
34		34 misc Proposed Pretrial Order Thu 10/31 4:31 PM Proposed Pretrial Order by Brenda Wall (Costello, Andrew) Related: [-]
Tuesday, October 15, 2019
33		33 minutes Pretrial Conference - Initial Tue 10/15 12:43 PM Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Pretrial Conference held on 10/15/2019. SEE ATTACHED ORDER FOR DETAILS. (Ameri, Mana) Related: [-]
Monday, October 14, 2019
32		32 notice Notice of Appearance Mon 10/14 11:30 AM NOTICE of Appearance by Rick Ostrove on behalf of All Plaintiffs (aty to be noticed) (Ostrove, Rick) Related: [-]
		order Order on Motion to Appear by Telephone Mon 10/14 11:08 AM ORDER granting31 Motion to Appear by Telephone. Ordered by Magistrate Judge A. Kathleen Tomlinson on 10/14/2019. (Tomlinson, A.) Related: [-]
Saturday, October 12, 2019
31		31 motion Appear by Telephone Sat 10/12 12:17 PM Second MOTION to Appear by Telephone [Clarified Request that the October 15, 2019 Pre-Trial Conference be conducted for all counsel via telephone.] by DO & CO Catering, Inc.. (Englander, Jeffrey) Related: [-]
Friday, October 11, 2019
30		30 motion Appear by Telephone Fri 10/11 12:40 PM Letter MOTION to Appear by Telephone Related [+] by DO & CO Catering, Inc.. (Englander, Jeffrey) Related: [-] spectfully requesting that the pre-trial conference currently scheduled to occur in Courtroom 910 on Tuesday, October 15, 2019 be conducted via telephone instead of in person.
		order Order on Motion to Appear by Telephone Fri 10/11 5:53 PM ORDER granting30 Motion to Appear by Telephone. Based on the information presented in Defendant's motion upon consent, the Court is permitting attorney Christopher W. Pendleton to attend the Pre-Trial Conference scheduled for October 15, 2019 and attorney Jeffrey P. Englander to participate by telephone. Counsel is directed to call Chambers at 631-712-5760. Ordered by Magistrate Judge A. Kathleen Tomlinson on 10/11/2019. (Ameri, Mana) Related: [-]
Wednesday, October 09, 2019
29		29 2 pgs order Order on Motion to Amend/Correct/Supplement ~Util - Add and Terminate Parties Wed 10/09 2:38 PM ORDER granting27 motion/stipulation that Michael Marczell be voluntarily dismissed from this case and the case caption amended as further set forth herein. Michael Marczell terminated. SEE ATTACHED ORDER for details. Ordered by Judge Arthur D. Spatt on 10/9/2019. (Coleman, Laurie) Related: [-]
Tuesday, October 08, 2019
28		28 misc Proposed Pretrial Order Tue 10/08 5:25 PM Proposed Pretrial Order by Brenda Wall (Ferri, Aaron) Related: [-]
27		27 motion Amend/Correct/Supplement Tue 10/08 5:24 PM Joint MOTION to Amend/Correct/Supplement Caption by Brenda Wall. (Ferri, Aaron) Related: [-]
Wednesday, September 25, 2019
		order Order on Motion for Extension of Time to File Wed 09/25 4:07 PM ORDER granting26 Motion for Extension of Time to File. The Court is hereby extending the deadline for which the parties must file the proposed Joint Pre-Trial Order from September 25, 2019 to October 8, 2019. The Pre-Trial Conference scheduled on October 2, 2019 is hereby adjourned to October 15, 2019 at 11:30 A.M. Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/25/2019. (Ameri, Mana) Related: [-]
Tuesday, September 24, 2019
26		26 motion Extension of Time to File Document Tue 09/24 4:12 PM Letter MOTION for Extension of Time to File the proposed Joint Pretrial Order by Brenda Wall. (Costello, Andrew) Related: [-]
Monday, July 22, 2019
		order Order on Motion for Extension of Time to Complete Discovery Mon 07/22 2:52 PM ORDER granting25 Motion for Extension of Time to Complete Discovery. The discovery deadline is extended to August 23, 2019. All other deadlines remain in effect. Ordered by Magistrate Judge A. Kathleen Tomlinson on 7/22/2019. (Cento, Patrick) Related: [-]
Friday, July 19, 2019
25		25 motion Extension of Time to Complete Discovery Fri 07/19 3:59 PM Letter MOTION for Extension of Time to Complete Discovery by Brenda Wall. (Costello, Andrew) Related: [-]
Tuesday, May 28, 2019
24		24 misc Letter Tue 05/28 4:33 PM Letter addressed to Judge Tomlinson writing to advise the Court that Defendant not see the necessity of seeking a Rule 35 Examination by DO & CO Catering, Inc. (Englander, Jeffrey) Related: [-]
Friday, May 10, 2019
		order Order on Motion for Extension of Time to Complete Discovery Fri 05/10 4:57 PM ORDER granting23 : Defendant DO & CO shall have until May 28, 2019 to notify the Court whether it will seek a Rule 35 examination. Ordered by Magistrate Judge A. Kathleen Tomlinson on 5/10/2019. (Cento, Patrick) Related: [-]
Thursday, May 09, 2019
23		23 motion Extension of Time to Complete Discovery Thu 05/09 9:46 AM Letter MOTION for Extension of Time to Complete Discovery Related [+] by DO & CO Catering, Inc.. (Englander, Jeffrey) Related: [-] questing, on consent, an enlargement of time in which to advise the Court of whether Defendant shall seek a Rule 35 Examination of Plaintiff
Monday, April 22, 2019
21		21 misc Status Report Mon 04/22 5:33 PM STATUS REPORT (Discovery Status Report) by DO & CO Catering, Inc. (Pendleton, Christopher) Related: [-]
Friday, April 19, 2019
20		20 misc Letter Fri 04/19 4:56 PM Letter to Court re: Designation of Trial Counsel by Brenda Wall (Costello, Andrew) Related: [-]
		Att: 1 Notice of Appearance
Wednesday, January 23, 2019
19		19 order Stipulation and Order Wed 01/23 5:02 PM STIPULATION AND ORDER OF CONFIDENTIALITY re18 Stipulation and Proposed Order for the Production and Exchange of Confidential Information filed by DO & CO Catering, Inc. Ordered by Magistrate Judge A. Kathleen Tomlinson on 1/23/2019. (Ryan, Mary) Related: [-]
Tuesday, January 22, 2019
18		18 misc Stipulation Tue 01/22 8:36 PM STIPULATION and Proposed Order for the Production and Exchange of Confidential Information by DO & CO Catering, Inc. (Pendleton, Christopher) Related: [-]
		Att: 1 Exhibit A - Agreement with Respect to Confidential Material
Tuesday, January 08, 2019
17		17 misc Transcript Tue 01/08 2:57 PM NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on November 29, 2018, before Magistrate Judge A. Kathleen Tomlinson. Transcriber AA Express Transcripts, Telephone number 888-456-9716. Email address: AAExpress@Court-Transcripts.net. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/29/2019. Redacted Transcript Deadline set for 2/8/2019. Release of Transcript Restriction set for 4/8/2019. (Kanellopoulos, John) Related: [-]
Friday, November 30, 2018
16		16 order Scheduling Order Fri 11/30 12:14 PM INITIAL CASE MANAGEMENT AND SCHEDULING ORDER: DEADLINES AND COURT APPEARANCES. SEE ATTACHED ORDER for details. Ordered by Magistrate Judge A. Kathleen Tomlinson on 11/30/2018. (Cento, Patrick) Related: [-]
15		15 minutes Initial Conference Hearing Fri 11/30 12:10 PM Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Initial Conference Hearing held on 11/29/2018. The Discovery Status Conference will be held on April 25, 2019 at 11 a.m. The Case Management and Scheduling Order is being entered separately. SEE ATTACHED ORDER for details. (Cento, Patrick) Related: [-]
Tuesday, November 27, 2018
14		14 misc Proposed Scheduling Order Tue 11/27 5:06 PM Proposed Scheduling Order Proposed Initial Case Management and Scheduling Order by DO & CO Catering, Inc. (Englander, Jeffrey) Related: [-]
Tuesday, October 30, 2018
		order Order on Motion to Adjourn Conference Tue 10/30 10:23 AM ORDER granting13 Motion to Adjourn Conference. The Initial Conference is adjourned to November 29, 2018 at 3:30 p.m. Counsel are reminded of the need to submit their joint Proposed Discovery Plan by November 27, 2018. Ordered by Magistrate Judge A. Kathleen Tomlinson on 10/30/2018. (Cento, Patrick) Related: [-]
Friday, October 26, 2018
13		13 motion Adjourn Conference Fri 10/26 4:21 PM Letter MOTION to Adjourn Conference scheduled for Friday, November 2, 2018 at 3:00 p.m. by DO & CO Catering, Inc.. (Englander, Jeffrey) Related: [-]
		Att: 1 Southwest confirmation
Wednesday, October 17, 2018
12		12 answer Answer to Complaint Wed 10/17 5:11 PM Defendant DO & CO New York Catering, Inc.'s ANSWER to1 Complaint, by DO & CO Catering, Inc.. (Englander, Jeffrey) Related: [-]
Thursday, September 27, 2018
		order Order on Motion to Adjourn Conference Thu 09/27 3:19 PM ORDER granting11 Motion to Adjourn Conference. The Initial Conference is adjourned to November 2, 2018 at 3 p.m. Counsel are reminded of the need to submit a joint proposed discovery plan by October 31, 2018. Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/27/2018. (Cento, Patrick) Related: [-]
Wednesday, September 26, 2018
11		11 motion Adjourn Conference Wed 09/26 5:14 PM Letter MOTION to Adjourn Conference scheduled for September 28, 2018 by DO & CO Catering, Inc.. (Englander, Jeffrey) Related: [-]
10		10 notice Notice of Appearance Wed 09/26 1:41 PM NOTICE of Appearance by Aaron Jacob Augustus Ferri on behalf of Brenda Wall (notification declined or already on case) (Ferri, Aaron) Related: [-]
9		9 notice Notice of Appearance Wed 09/26 12:23 PM NOTICE of Appearance by Christopher Whiton Pendleton on behalf of DO & CO Catering, Inc. (aty to be noticed) (Pendleton, Christopher) Related: [-]
8		8 notice Notice of Appearance Wed 09/26 12:22 PM NOTICE of Appearance by Jeffrey P. Englander on behalf of DO & CO Catering, Inc. (aty to be noticed) (Englander, Jeffrey) Related: [-]
Thursday, August 16, 2018
7		7 service Acknowledgment of Service Thu 08/16 4:24 PM ACKNOWLEDGMENT OF SERVICE Executed for Defendant, DO & CO NY CATERING, INC Acknowledgement filed by Brenda Wall. (Ferri, Aaron) Related: [-]
Wednesday, August 15, 2018
6		6 order Scheduling Order Wed 08/15 5:10 PM INITIAL CONFERENCE SCHEDULING ORDER: Initial Conference set for September 28, 2018 at 10 a.m. before Magistrate Judge A. Kathleen Tomlinson in Courtroom 910 at 100 Federal Plaza, Central Islip, New York. No later than two business days before the Initial Conference, counsel for the parties must submit, by means of electronic filing on the court's ECF system, a Joint Proposed Discovery Plan. SEE ATTACHED ORDER for additional details. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/15/2018. (Cento, Patrick) Related: [-]
Wednesday, June 27, 2018
5		5 service Summons Issued Wed 06/27 4:05 PM Summons Issued as to Michael Marczell. (Rodin, Deanna) Related: [-]
4		4 service Summons Issued Wed 06/27 4:03 PM Summons Issued as to DO & CO Catering, Inc. (Rodin, Deanna) Related: [-]
3		3 misc Clerks Notice of Rule 73 Wed 06/27 4:01 PM 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:[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. (Rodin, Deanna) Related: [-]
2		2 misc Quality Control Check - Attorney Case Opening Wed 06/27 3:59 PM This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna) Related: [-]
1		1 9 pgs cmp Complaint Wed 06/27 3:41 PM COMPLAINT against All Defendants filing fee $ 400, receipt number 0207-10544562 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Brenda Wall. (Ferri, Aaron) Related: [-]
		Att: 1 Civil Cover Sheet,
		Att: 2 Proposed Summons,
		Att: 3 Proposed Summons
		utility Case Assigned/Reassigned Wed 06/27 4:00 PM Case Assigned to Judge Arthur D. Spatt and Magistrate Judge A. Kathleen Tomlinson. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Rodin, Deanna) Related: [-]

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