Floyd v. New York Public Radio

New York Southern District Court
Judge:	Andrew L Carter, Jr
Referred:	Sarah L Cave
Case #:	1:23-cv-01096
Nature of Suit	442 Civil Rights - Employment
Cause	42:1981 Job Discrimination (Race)

Case Filed:	Feb 09, 2023
Terminated:	Dec 16, 2024

Docket
Parties (2)

Last checked: Saturday Aug 12, 2023 1:02 PM EDT

Defendant New York Public Radio	Represented By Joan M. Gilbride Kaufman Borgeest & Ryan, LLP contact info Erica Bianco Kaufman Borgeest & Ryan LLP contact info
Plaintiff Jami Floyd	Represented By Edward Cerasia, II Cerasia Law LLC contact info

Docket last updated: 4 hours ago

Monday, December 16, 2024
49		49 order Stipulation and Order of Voluntary Dismissal Mon 12/16 1:00 PM STIPULATION OF DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED, by and between the Plaintiff Jami Floyd and Defendant New York Public Radio that, pursuant to Federal Rule of Civil Procedure 41(a)(1), this action is dismissed with prejudice and without costs or attorneys' fees to either party as against the other. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 12/16/24) (yv) Related: [-]
48		48 1 pgs order Order of Discontinuance Mon 12/16 12:47 PM ORDER OF DISCONTINUANCE....It is hereby ORDERED that the above-captioned action is discontinued without costs and without prejudice to restoring the action to this Court's calendar if the application to restore the action is made within thirty days. All deadlines are adjourned sine die. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 12/16/24) (yv) Related: [-]
Tuesday, October 15, 2024
47		47 misc Proposed Stipulation and Order Tue 10/15 10:51 AM PROPOSED STIPULATION AND ORDER. Document filed by New York Public Radio..(Gilbride, Joan) Related: [-]
Thursday, September 26, 2024
46		46 order Memo Endorsement Thu 09/26 6:40 PM MEMO ENDORSEMENT on re:45 Letter filed by Jami Floyd. ENDORSEMENT: The Court congratulates the parties on resolving this matter. In light of the settlement, the telephone conference set for October 2, 2024 at 10:00 a.m. (ECF No. 42) is ADJOURNED sine die. On or before October 31, 2024, the parties shall file a stipulation of dismissal, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). SO ORDERED. (Signed by Magistrate Judge Sarah L. Cave on 9/26/2024) (vfr) Related: [-]
45		45 misc Letter Thu 09/26 3:19 PM JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from Edward Cerasia II dated 9/26/2024 re: Settlement of Case. Document filed by Jami Floyd..(Cerasia, Edward) Related: [-]
44		44 1 pgs order Order Thu 09/26 2:54 PM ORDER. As a one-time courtesy, the Court sua sponte extends the deadline for the parties to file their joint letter reporting on the status of settlement and/or discovery to September 27, 2024. SO ORDERED. (Signed by Magistrate Judge Sarah L. Cave on 9/26/24) (yv) Related: [-]
Friday, August 16, 2024
42		42 order Scheduling Order Fri 08/16 11:09 AM AMENDED TELEPHONE CONFERENCE SCHEDULING ORDER: The parties' request at ECF No. 41 is GRANTED, and the Court orders as follows: 1. The telephone status conference scheduled for August 19, 2024 is ADJOURNED to Wednesday, October 2, 2024 at 10:00 am on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. 2. By September 25, 2024, the parties shall file a joint letter, no longer than three (3) pages, reporting on the status of discovery and raising any issues requiring the Court's attention. SO ORDERED. (Telephone Conference set for 10/2/2024 at 10:00 AM before Magistrate Judge Sarah L. Cave.) (Signed by Magistrate Judge Sarah L. Cave on 8/16/24) (yv) Related: [-]
Thursday, August 15, 2024
41		41 misc Letter Thu 08/15 7:54 AM JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from Edward Cerasia II dated 8 15-2024 re: Joint Status Letter. Document filed by Jami Floyd..(Cerasia, Edward) Related: [-]
Thursday, July 25, 2024
		minutes Mediation Conference Mon 07/29 4:51 PM Minute Entry for proceedings held before SDNY Mediation: Mediation Conference held on 7/25/2024. Mediation Status due by 8/26/2024. (sni) Related: [-]
Wednesday, July 17, 2024
40		40 order Scheduling Order Wed 07/17 1:07 PM AMENDED TELEPHONE CONFERENCE SCHEDULING ORDER: The Court orders as follows: 1. The telephone status conference scheduled for July 24, 2024 is ADJOURNED to Monday, August 19, 2024 at 11:00 am on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. 2. By August 15, 2024, the parties shall file a joint letter, no longer than three (3) pages, reporting on the status of discovery and raising any issues requiring the Court's attention. SO ORDERED. (Telephone Conference set for 8/19/2024 at 11:00 AM before Magistrate Judge Sarah L. Cave.) (Signed by Magistrate Judge Sarah L. Cave on 7/17/24) (yv) Related: [-]
Tuesday, July 16, 2024
39		39 misc Status Report Tue 07/16 2:44 PM STATUS REPORT. on the status of discovery Document filed by New York Public Radio..(Gilbride, Joan) Related: [-]
Tuesday, June 18, 2024
		adr Mediation Conference Scheduled Tue 06/18 10:23 AM FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 7/25/2024 at 10:00 AM in telephone or video conference.(sni) Related: [-]
Monday, June 17, 2024
		utility Set/Reset Hearings Mon 06/17 12:07 PM Set/Reset Hearings: Telephone Conference set for 7/24/2024 at 03:00 PM before Magistrate Judge Sarah L. Cave. (ne) Related: [-]
Thursday, May 30, 2024
38		38 order Memo Endorsement ~Util - Add and Terminate Attorneys Thu 05/30 11:55 AM MEMO ENDORSEMENT on re:36 Notice (Other) filed by New York Public Radio. ENDORSEMENT: Attorney Erica Bianco's request to withdraw as counsel for Defendant (ECF No. 36) is GRANTED.The Clerk of Court is respectfully directed to terminate Ms. Bianco as counsel for Defendant. SO ORDERED., (Attorney Erica Bianco terminated.) (Signed by Magistrate Judge Sarah L. Cave on 5/30/24) (yv) Related: [-]
Wednesday, May 29, 2024
37		37 notice Notice of Appearance Wed 05/29 3:31 PM NOTICE OF APPEARANCE by Elizabeth Rivera on behalf of New York Public Radio..(Rivera, Elizabeth) Related: [-]
36		36 notice Notice (Other) Wed 05/29 11:46 AM NOTICE of Withdrawal of Erica Bianco. Document filed by New York Public Radio..(Bianco, Erica) Related: [-]
		adr Notice of Mediator Assignment Wed 05/29 9:56 AM NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 6/28/2024.(sge) Related: [-]
Friday, May 24, 2024
35		35 1 pgs order Order on Motion to Adjourn Conference Fri 05/24 3:01 PM TELEPHONE CONFERENCE SCHEDULING ORDER denying as moot33 Letter Motion to Adjourn Conference. Having reviewed the parties' proposed case management plan (ECF No. 33-1 (the "PCMP")), the Court orders as follows: 1. The PCMP is ADOPTED and will be entered by separate order. 2. The initial case management conference scheduled for June 3, 2024 is CANCELLED. 3. The parties' request to adjourn the initial conference (ECF No. 33) is DENIED as moot. 4. By July 17, 2024, the parties shall file a joint letter, no longer than three (3) pages, reporting on the status of discovery and raising any issues requiring the Court's attention. 5. A telephone status conference is scheduled for Wednesday, July 24, 2024 at 3:00 pm on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. The Clerk of Court is respectfully directed to terminate the June 3, 2024 conference, and to close ECF No. 33. SO ORDERED. (Signed by Magistrate Judge Sarah L. Cave on 5/24/2024) (mml) Related: [-]
34		34 5 pgs order Order on Motion to Adjourn Conference Fri 05/24 2:44 PM REPORT OF RULE 26(f) CONFERENCE AND CASE MANAGEMENT PLAN: All fact discovery must be completed by December 13, 2024. Depositions shall be completed by Dec. 13, 2024 and limited to no more than 10 depositions per party. Last date to amend any pleading pursuant to Fed. R. Civ. P. 15(a) is 6/24/2024. The parties anticipate that this case will be ready for trial by May 2025. The parties anticipate that the trial of this case will require 3-5 days. The parties do not consent to a trial before a Magistrate Judge at this time. The parties request a jury trial. SO ORDERED. (Signed by Magistrate Judge Sarah L. Cave on 5/24/2024) (mml) Modified on 5/24/2024 (mml) Related: [-]
		utility Set/Reset Deadlines Fri 05/24 2:46 PM Set/Reset Deadlines: Amended Pleadings due by 6/24/2024. Deposition due by 12/13/2024. Fact Discovery due by 12/13/2024. (mml) Related: [-]
		utility Set/Reset Hearings Fri 05/24 3:02 PM Set/Reset Hearings: Telephone Conference set for 7/24/2024 at 03:30 PM before Magistrate Judge Sarah L. Cave. (mml) Related: [-]
Thursday, May 23, 2024
33		33 motion Adjourn Conference Thu 05/23 4:46 PM LETTER MOTION to Adjourn Conference to an alternate date addressed to Magistrate Judge Sarah L. Cave from Joan M. Gilbride dated May 23, 2024. Document filed by New York Public Radio..(Gilbride, Joan) Related: [-]
		Att: 1 Proposed Order Case Management Plan
Thursday, May 09, 2024
32		32 2 pgs order Order for Initial Pretrial Conference Thu 05/09 12:17 PM ORDER SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE: It is hereby ORDERED that an in-person initial conference in accordance with Fed. R. Civ. P. 16 will be held on Monday, June 3, 2024 at 2:00 pm in Courtroom 18A, 500 Pearl Street, New York, New York. At the conference, the parties must be prepared to discuss the subjects set forth in Fed. R. Civ.P. 16(b) and (c).It is further ORDERED that counsel shall meet and confer in accordance with Fed. R. Civ.P. 26(f) no later than 21 days before the Initial Case Management Conference. No later than one week (seven (7) calendar days) before the conference, the parties shall file a Report of Rule 26(f) Meeting and Proposed Case Management Plan, via ECF, signed by counsel for each party.A template is available at https://www.nysd.uscourts.gov/hon-sarah-l-cave. SO ORDERED. (Initial Conference set for 6/3/2024 at 02:00 PM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Sarah L. Cave.) (Signed by Magistrate Judge Sarah L. Cave on 5/9/24) (yv) Related: [-]
Wednesday, May 08, 2024
31		31 1 pgs order Order Referring Case to Magistrate Judge Wed 05/08 3:58 PM ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Sarah L. Cave. (Signed by Judge Andrew L. Carter, Jr on 5/8/2024) (ate) Related: [-]
30		30 6 pgs order Order of Automatic Referral to Mediation Wed 05/08 12:28 PM ORDER OF AUTOMATIC REFERRAL TO MEDIATION (See M-10-468 Second Amended Standing Order). Please reference the Pilot Discovery Protocols, attached, and the Mediation Program Procedures (https://nysd.uscourts.gov/programs/mediation-adr). E-mail MediationOffice@nysd.uscourts.gov, telephone 212-805-0643. Mediator to be Assigned by 5/22/2024. (Signed by Judge Loretta A. Preska on 10/1/2015) (rpr) Related: [-]
Wednesday, May 01, 2024
29		29 misc Status Report Wed 05/01 3:33 PM STATUS REPORT. Joint Status Report Letter Document filed by New York Public Radio..(Gilbride, Joan) Related: [-]
Monday, April 29, 2024
28		28 answer Answer to Amended Complaint Mon 04/29 3:02 PM ANSWER to25 Amended Complaint with JURY DEMAND. Document filed by New York Public Radio..(Gilbride, Joan) Related: [-]
Wednesday, April 17, 2024
27		27 1 pgs order Order on Motion for Extension of Time Wed 04/17 11:42 AM ORDER granting26 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 4/17/2024) (ate) Related: [-]
		utility Set/Reset Deadlines Wed 04/17 11:47 AM Set/Reset Deadlines: New York Public Radio answer due 4/29/2024. (ate) Related: [-]
Tuesday, April 16, 2024
26		26 motion Extension of Time Tue 04/16 12:28 PM MOTION for Extension of Time to submit a status letter to Court . Document filed by New York Public Radio..(Gilbride, Joan) Related: [-]
Monday, April 08, 2024
25		25 cmp Amended Complaint Mon 04/08 6:52 AM SECOND AMENDED COMPLAINT amending18 Amended Complaint against New York Public Radio with JURY DEMAND.Document filed by Jami Floyd. Related document:18 Amended Complaint..(Cerasia, Edward) Related: [-]
Tuesday, April 02, 2024
24		24 19 pgs order Memorandum & Opinion Tue 04/02 4:05 PM OPINION & ORDER re:20 MOTION to Dismiss . filed by New York Public Radio. For the reasons stated herein, Defendants' motion to dismiss is GRANTED in part and DENIED in part. Plaintiff's following claims survive Defendants motion to dismiss: 1.Section 1981 Race Discrimination Claim 2.NYSHRL Race Discrimination Claim 3.NYCHRL Race Discrimination Claim 4.Section 1981 Retaliation Claim 5.NYHRL Retaliation Claim 6.NYCHRL Retaliation Claim 7.NYLL Claim The Court GRANTS Plaintiff leave to file a second amended complaint by April 12, 2024. The Parties are hereby ORDERED to file a joint status report informing the Court of the status of this action by April 17, 2024. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 3/31/2024) (jca) Related: [-]
		utility Set/Reset Deadlines Tue 04/02 4:06 PM Set/Reset Deadlines: Amended Pleadings due by 4/12/2024. (jca) Related: [-]
Wednesday, October 18, 2023
23		23 respm Reply Memorandum of Law in Opposition to Motion Wed 10/18 3:51 PM REPLY MEMORANDUM OF LAW in Opposition re:20 MOTION to Dismiss . Reply to Plaintiff's Opposition to Defendant's Motion to Dismiss . Document filed by New York Public Radio..(Gilbride, Joan) Related: [-]
Monday, September 25, 2023
22		22 respm Memorandum of Law in Opposition to Motion Mon 09/25 8:49 AM MEMORANDUM OF LAW in Opposition re:20 MOTION to Dismiss . . Document filed by Jami Floyd..(Cerasia, Edward) Related: [-]
Friday, August 25, 2023
21		21 respm Memorandum of Law in Support of Motion Fri 08/25 4:53 PM MEMORANDUM OF LAW in Support re:20 MOTION to Dismiss . . Document filed by New York Public Radio..(Gilbride, Joan) Related: [-]
20		20 motion Dismiss Fri 08/25 4:50 PM MOTION to Dismiss . Document filed by New York Public Radio..(Gilbride, Joan) Related: [-]
Friday, July 28, 2023
19		19 misc Letter Fri 07/28 9:51 AM LETTER addressed to Judge Andrew L. Carter, Jr. Document filed by New York Public Radio..(Gilbride, Joan) Related: [-]
Tuesday, July 18, 2023
18		18 cmp Amended Complaint Tue 07/18 8:49 AM FIRST AMENDED COMPLAINT amending1 Complaint against New York Public Radio with JURY DEMAND.Document filed by Jami Floyd. Related document:1 Complaint..(Cerasia, Edward) Related: [-]
Wednesday, July 05, 2023
17		17 order Memo Endorsement ~Util - Set Deadlines Wed 07/05 2:22 PM MEMO ENDORSEMENT on re:16 Letter filed by Jami Floyd. ENDORSEMENT: SO ORDERED. ( Amended Pleadings due by 7/18/2023., Motions due by 8/25/2023., Replies due by 10/18/2023., Responses due by 9/25/2023) (Signed by Judge Andrew L. Carter, Jr on 7/5/2023) (ate) Related: [-]
Friday, June 30, 2023
16		16 misc Letter Fri 06/30 2:31 PM LETTER addressed to Judge Andrew L. Carter, Jr. from Edward Cerasia II dated 6 30-2023 re: Plaintiff Filing Amended Complaint and Scheduling. Document filed by Jami Floyd..(Cerasia, Edward) Related: [-]
Thursday, June 29, 2023
15		15 1 pgs order Order Thu 06/29 12:50 PM ORDER. As stated at the June 27, 2023 conference, the parties shall file a joint status report by July 5, 2023 informing the Court whether Plaintiff intends to file an amended complaint. If Plaintiff does not intend to file an amended complaint, the parties should propose a briefing schedule for Defendant's motion to dismiss. So Ordered. (Signed by Judge Andrew L. Carter, Jr on 6/29/23) (yv) Related: [-]
Tuesday, June 27, 2023
		minutes Telephone Conference Thu 07/06 10:12 AM Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Telephone Status Conference held on 6/27/2023. See Docket No. 15 for complete details. (tdh) Related: [-]
Wednesday, May 31, 2023
14		14 1 pgs order Order on Motion for Conference Wed 05/31 6:39 PM ORDER granting10 Letter Motion for Conference re:10 LETTER MOTION for Conference Pre-Motion Conference addressed to Judge Andrew L. Carter, Jr. Defendant's motion is GRANTED. The Court shall hold a telephonic pre-motion conference on June 27, 2023 at 11:00 A.M. The parties shall contact the Court at 1-888-363-4749 (Access Code: 3768660). Telephone Conference set for 6/27/2023 at 11:00 AM before Judge Andrew L. Carter Jr. (Signed by Judge Andrew L. Carter, Jr on 5/31/2023) (ate) Related: [-]
Monday, May 22, 2023
13		13 misc Letter Mon 05/22 10:48 AM LETTER addressed to Judge Andrew L. Carter, Jr. from Edward Cerasia II dated 5 22-2023 re: Response to Defendant's Letter Requesting Pre-Motion Conference. Document filed by Jami Floyd..(Cerasia, Edward) Related: [-]
Thursday, May 18, 2023
12		12 order Memo Endorsement ~Util - Set Deadlines/Hearings Thu 05/18 2:48 PM MEMO ENDORSEMENT: on re:11 Letter filed by Jami Floyd. ENDORSEMENT: SO ORDERED., ( Responses due by 5/23/2023) (Signed by Judge Andrew L. Carter, Jr on 5/18/2023) (ama) Related: [-]
Wednesday, May 17, 2023
11		11 misc Letter Wed 05/17 9:39 AM LETTER addressed to Judge Andrew L. Carter, Jr. from Edward Cerasia II dated 5 17-2023 re: Extension of Time to Respond to Pre-Motion Letter. Document filed by Jami Floyd..(Cerasia, Edward) Related: [-]
Monday, May 15, 2023
10		10 motion Conference Mon 05/15 2:31 PM LETTER MOTION for Conference Pre-Motion Conference addressed to Judge Andrew L. Carter, Jr.. Document filed by New York Public Radio..(Gilbride, Joan) Related: [-]
Wednesday, April 12, 2023
9		9 notice Notice of Appearance Wed 04/12 10:27 AM NOTICE OF APPEARANCE by Erica Bianco on behalf of New York Public Radio..(Bianco, Erica) Related: [-]
Thursday, April 06, 2023
8		8 1 pgs order Order on Motion for Extension of Time to Answer Thu 04/06 12:43 PM ORDER granting7 Letter Motion for Extension of Time to Answer re7 LETTER MOTION for Extension of Time to File Answer addressed to Judge Andrew L. Carter, Jr. from Joan M. Gilbride.,1 Complaint. SO ORDERED. New York Public Radio answer due 5/15/2023. (Signed by Judge Andrew L. Carter, Jr on 4/6/2023) (ate) Related: [-]
Wednesday, April 05, 2023
7		7 motion Extension of Time to File Answer Wed 04/05 2:21 PM LETTER MOTION for Extension of Time to File Answer addressed to Judge Andrew L. Carter, Jr. from Joan M. Gilbride. Document filed by New York Public Radio..(Gilbride, Joan) Related: [-]
6		6 notice Notice of Appearance Wed 04/05 2:16 PM NOTICE OF APPEARANCE by Joan M. Gilbride on behalf of New York Public Radio..(Gilbride, Joan) Related: [-]
Thursday, February 16, 2023
5		5 service Waiver of Service Executed Thu 02/16 5:58 PM WAIVER OF SERVICE RETURNED EXECUTED. New York Public Radio waiver sent on 2/13/2023, answer due 4/14/2023. Document filed by Jami Floyd..(Cerasia, Edward) Related: [-]
Monday, February 13, 2023
4		4 service Summons Issued Mon 02/13 3:33 PM ELECTRONIC SUMMONS ISSUED as to New York Public Radio..(jgo) Related: [-]
Friday, February 10, 2023
3		3 service Request for Issuance of Summons Fri 02/10 9:52 AM REQUEST FOR ISSUANCE OF SUMMONS as to New York Public Radio, re:1 Complaint. Document filed by Jami Floyd..(Cerasia, Edward) Related: [-]
		notice Case Opening Initial Assignment Notice Fri 02/10 9:22 AM CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. Please download and review the Individual Practices of the assigned District Judge, located at[LINK: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[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(pc) Related: [-]
		utility Case Designation Fri 02/10 9:22 AM Magistrate Judge Sarah L. Cave 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:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (pc) Related: [-]
		utility Case Designated ECF Fri 02/10 9:22 AM Case Designated ECF. (pc) Related: [-]
Thursday, February 09, 2023
2		2 misc Civil Cover Sheet Thu 02/09 7:44 AM CIVIL COVER SHEET filed..(Cerasia, Edward) Related: [-]
1		1 cmp Complaint Thu 02/09 7:40 AM COMPLAINT against New York Public Radio. (Filing Fee $ 402.00, Receipt Number ANYSDC-27317181)Document filed by Jami Floyd..(Cerasia, Edward) Related: [-]

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