Case: EEOC v. William O Benenson Rehabilitation Pavilion

EEOC v. William O. Benenson Rehabilitation Pavilion

EEOC v. William O. Benenson Rehabilitation Pavilion

EEOC v. William O. Benenson Rehabilitation Pavilion

EEOC v. William O. Benenson Rehabilitation Pavilion

EEOC v. William O. Benenson Rehabilitation Pavilion

No Court

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT against William O. Benenson Rehabilitation Pavilion, Flushing Manor Geriatric Center, Inc. $ 250, filed by United States Equal Employment Opportunity Commission (US EEOC). (Attachments: # 1 Civil Cover Sheet)(Bowens, Priscilla) (Entered: 09/29/2005)

Summons Issued as to William O. Benenson Rehabilitation Pavilion, Flushing Manor Geriatric Center, Inc.. (Bowens, Priscilla)

ANSWER to Complaint by all defendants.(Wenger, Marc) (Entered: 11/28/2005)

Rule 7.1 in connection with ANSWER to Complaint by all defendants.(Wenger, Marc) (Entered: 11/28/2005)

SCHEDULING ORDER: Initial Conference set for 12/20/2005 12:00 PM in Courtroom B before Magistrate-Judge Roanne L. Mann.. Ordered by Judge Roanne L. Mann on 11/29/05. (Maynard, Pat) (Entered: 11/29/2005)

Letter from Laura A. Watanabe to Judge Nina Gershon Regarding Inquiry regarding pre-motion conference. (Watanabe, Laura) (Entered: 11/30/2005)

ORDER re 5 Letter. Counsel for the four Charging Parties is welcome to attend the 12/20/05 initial conference (at noon). Ordered by Judge Roanne L. Mann on 11/30/05. (Maynard, Pat) (Entered: 11/30/2005)

SCHEDULING ORDER: Pre Motion Conference set for 12/20/2005 2:30 PM in Courtroom 4 before Judge Nina Gershon. Ordered by Judge Nina Gershon on 12/9/2005. (Joe, Victor)

Letter from Albert Van-Lare Esq to Judge Gershon and Judge Mann Regarding Request to intervene. (Van-Lare, Albert) (Entered: 12/12/2005)

ENDORSED ORDER re 7 Letter. Counsel for Jean-Louis is welcome to attend the 12/20/05 initial conference. So ordered by Judge Roanne L. Mann on 12/19/05. (Shindel, Cory) (Entered: 12/19/2005)

Minute Entry for proceedings held before Roanne L. Mann : Initial Conference Hearing held on 12/20/2005. The case is sent for court-annexed mediation. Fact discovery to be completed by 10/6/06. The parties shall file a status report by 9/8/06 (Tape #05/25 (3602-6371).) (Maynard, Pat) (Entered: 12/20/2005)

Intervenor COMPLAINT, filed by Marie Cilus, Frederick Hylton, Petrona Simms, Tanya Weir. (Attachments: # 1 Exhibit Notice of Determination# 2 Affidavit Certificate of Service)(Watanabe, Laura) (Entered: 01/05/2006)

STIPULATION and Order by William O. Benenson Rehabilitation Pavilion, Flushing Manor Geriatric Center, Inc.. (Wenger, Marc) (Entered: 01/05/2006)

COMPLAINT UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ETAL v. WILLIAM O BENENSON REHABILITATION PAVILION ETAL against all defendants filing fee $ 250, receipt number 1612075, filed by YANIC JEAN-LOUIS.(Van-Lare, Albert) (Entered: 01/05/2006)

ORDER re 11 Stipulation filed by Flushing Manor Geriatric Center, Inc.,, William O. Benenson Rehabilitation Pavilion. SO ORDERED . Ordered by Judge Roanne L. Mann on 01/06/06. (Maynard, Pat) Modified on 1/10/2006 (Guzzi, Roseann). (Entered: 01/06/2006)

ORDER REFERRING CASE to Mediation.Selection of Mediator due by 1/20/2006. Ordered by Judge Roanne L. Mann on 12/20/05. (Maynard, Pat) (Entered: 01/06/2006)

ANSWER to Complaint of Simms, Hylton, Cilus and Weir by all defendants.(Wenger, Marc) (Entered: 01/06/2006)

ANSWER to Complaint of Yanick Jean-Louis by all defendants.(Wenger, Marc) (Entered: 01/06/2006)

RESPONSE to Discovery Request from WILLIAM O BENENSON REHABILITATION PAVILION ET AL by YANIC JEAN-LOUIS.(Van-Lare, Albert) (Entered: 01/13/2006)

MEDIATION INSTRUCTIONS sent to Counsel. Attached are Letters of Instruction. By 1/27/2006, Counsel are to select a Mediator, schedule the first mediation session, and electronically file and confirm in writing to the ADR Adminstrator, Gerald P Lepp, by email(gerald_p_lepp@nyed.uscourts.gov) or by first class mail to 225 Cadman Plaza East, Brooklyn NY 11201; the name of the Mediator, and the date, time, and place of the first mediation session. Counsel are to confer with each other and to speak directly to the potential Mediator in scheduling the first mediation session. For a list of EDNY Mediators and their qualifications, see the courts website at www.nyed.uscourts.gov/adr. In accordance with Adminstrative Order 2004-08(as of August 2, 2004)electronic filing became mandatory in the Eastern District of New York for all cases, (pro se cases are excluded).(Suarez, Jennica) (Entered: 01/17/2006)

SELECTION OF MEDIATOR Paul McDonough selected(Watanabe, Laura) (Entered: 01/27/2006)

TRANSCRIPT of Civil Cause for Telephone Conference held on 12/20/05 before Judge Roanne L. Mann. Court Reporter: Rosalie Lombardi. (Black, Amanda) (Entered: 02/13/2006)

Letter Re Mediation Status by United States Equal Employment Opportunity Commission (US EEOC). (Chandy, Sunu) (Entered: 02/28/2006)

Letter Plaintiff and Plaintiff-Intervenors' Requests for Conference Regarding Discovery Disputes by Petrona Simms. (Watanabe, Laura) (Entered: 05/24/2006)

SCHEDULING ORDER: Status Conference set for 6/7/06 at 10:00 AM in Courtroom A North before Magistrate Judge Ramon E. Reyes Jr. Defendants are to respond to plaintiffs' letter regarding discovery disputes no later than 6/2/06. Ordered by Judge Ramon E. Reyes Jr. on 5/25/06. (Corchado, Lara)

Letter to Magistrate Reyes by Flushing Manor Geriatric Center, Inc.. (Attachments: # 1 Letter to opposing counsel# 2 HIPAA protective order)(Wenger, Marc) (Entered: 06/02/2006)

SCHEDULING ORDER: Status Conference set for 6/12/2006 10:00 AM in Courtroom A, North Building, before Magistrate Judge Ramon E. Reyes Jr. Parties must be prepared to discuss and resolve outstanding discovery disputes as referenced in their letters of 5/24 and 6/2/06. Ordered by Judge Ramon E. Reyes Jr. on 6/3/06. (Reyes, Ramon)

Letter requesting adjournment of 6/12/06 status conference by United States Equal Employment Opportunity Commission (US EEOC). (Chandy, Sunu) (Entered: 06/08/2006)

ORDER granting 24 Letter filed by United States Equal Employment Opportunity Commission (US EEOC) requesting adjournment of Status Conference from 6/12/06 to June 19, 2006 at 10:30am before Magistrate Judge Ramon E. Reyes, Jr. SO Ordered by Judge Ramon E. Reyes Jr. on 6/8/06. (Vertus, Miriam)(entered:6/8/06)

Email Notification Test - DO NOT REPLY (Vertus, Miriam)

Minute Entry for proceedings held before Ramon E. Reyes Jr.: Status Conference held on 6/19/2006. Sunu Chandy, Laura Watanabe and Albert Van-Lare for plaintiffs; Marc Wenger and Chris Valentino for defendants. Discussions held. Parties to meet and confer over next two weeks to discuss discovery issues. Parties must submit to chambers no later than July 10, 2006: 1) a proposed HIPPA protective order (to reflect the understandings of counsel and the Court as discussed at length at the conference); and 2) a proposed consent scheduling order. The consent scheduling order must take into account: 1) a presumption that each witness will be deposed for 2 days, unless good cause is shown for decreasing or extending that time limit, and 2) all fact discovery must be concluded by February 2, 2007. A further conference will be held on September 19, 2006 at 10:00 a.m. Parties to submit a status report on January 12, 2007. (Court Reporter none.) (Reyes, Ramon)

Proposed Scheduling Order and Proposed HIPAA Order and Correspondence by Petrona Simms. (Watanabe, Laura) (Entered: 07/10/2006)

Letter Regarding Scheduling Order and HIPAA Order by United States Equal Employment Opportunity Commission (US EEOC). (Chandy, Sunu) (Entered: 07/10/2006)

Letter to Mag Reys encl HIPPA and Scheduling Orders by William O. Benenson Rehabilitation Pavilion, Flushing Manor Geriatric Center, Inc.. (Attachments: # 1 # 2 # 3)(Wenger, Marc) (Entered: 07/10/2006)

Scheduling Order and HIPAA Protective Order For Release Of Protected Information. So Ordered by Judge Ramon E. Reyes Jr. on 7/11/06.(Vertus, Miriam)(entered:7/11/06). Modified on 7/11/2006 (Vertus, Miriam). (Entered: 07/11/2006)

Joint MOTION for Discovery Compel Compliance with Prior Court Orders Regarding Defendants' Production of Documents to Discovery Requests by Petrona Simms. (Watanabe, Laura) (Entered: 07/19/2006)

Letter to Mag. Reyes by Flushing Manor Geriatric Center, Inc.. (Wenger, Marc) (Entered: 07/20/2006)

ORDER denying 29 Motion for Discovery. Neither the Federal Rules of Civil Procedure nor the Scheduling Order in this case require defendants to produce multiple sets of documents. Ordered by Judge Ramon E. Reyes Jr. on 7/21/06.(Reyes, Ramon)

REPORT of Mediation: CONTINUED. The parties have met and the mediator, Paul McDonough, has recommended holding another session after depositions are taken. Currently these depositions are scheduled to take place in September. Report of Mediation due by 10/23/2006. (Warren, Edward)

NOTICE of Appearance by Stella Natsue Yamada on behalf of United States Equal Employment Opportunity Commission (US EEOC) (Yamada, Stella) (Entered: 07/24/2006)

Proposed Pretrial Order PROPOSED DISCOVERY STIPULATION AND ORDER by YANIC JEAN-LOUIS. (Van-Lare, Albert) (Entered: 08/03/2006)

ORDER to Stipulation and Order re 32 Proposed Pretrial Order PROPOSED DISCOVERY STIPULATION AND ORDER file by YANIC JEAN-LOUIS. (Van-Lare, Albert).So Ordered by Judge Ramon E. Reyes Jr. on 8/9/06.(Vertus, Miriam)

MOTION to Adjourn Conference of Sept. 19th by all defendants. (Wenger, Marc) (Entered: 09/15/2006)

ORDER granting 33 MOTION to adjourn Status Conference from September 19,2006 to September 22,2006 at 11:00a.m.. Ordered by Judge Ramon E. Reyes Jr. on 9/15/06.(Vertus, Miriam)

Minute Entry for proceedings held before Ramon E. Reyes Jr.: Status Conference held on 9/22/2006. Sunu Chandy, Stella Yamada, Laura Watanabe and Ojediji Olughodi for plaintiffs, Marc Wenger for defendants. Various discovery disputes discussed; several rulings made. Parties to submit revised scheduling order within two weeks. Parties to submit letters regarding remaining discovery disputes within two weeks. Parties to consider whether a settlement conference should be held, and report to the Court on 9/25. (Court Reporter none.) (Reyes, Ramon)

SCHEDULING ORDER: Settlement Conference set for 11/7/2006 @10:30 AM in Courtroom A before Magistrate-Judge Ramon E. Reyes Jr.. Ordered by Judge Ramon E. Reyes Jr. on 9/25/06. (Vertus, Miriam) (Entered: 09/25/2006)

Letter agreeing to November 7 settlement conference by Flushing Manor Geriatric Center, Inc.. (Wenger, Marc) (Entered: 09/26/2006)

Letter to Mag Reyes regarding deposition scheduling by William O. Benenson Rehabilitation Pavilion, Flushing Manor Geriatric Center, Inc.. (Wenger, Marc) (Entered: 10/02/2006)

Letter Plaintiff-Intervenors' Response to Defendants' Letter Dated October 2, 2006 by Petrona Simms. (Watanabe, Laura) (Entered: 10/03/2006)

ORDER re 36 Letter filed by defendants and 37 Letter filed by plaintiffs. The relief requested in the final paragraph in plaintiffs' letter is SO ORDERED. The Court suggests that in the future the parties make more of an effort to resolve their discovery disputes prior to raising them with the Court. This dispute could easily have been resolved without the Court's intervention had all counsel put aside their obvious personal animosity toward each other. Ordered by Judge Ramon E. Reyes Jr. on 10/04/06. (Reyes, Ramon)

Proposed Scheduling Order by Petrona Simms. (Watanabe, Laura) (Entered: 10/06/2006)

Letter Re Outstanding Discovery Disputes by United States Equal Employment Opportunity Commission (US EEOC). (Chandy, Sunu) (Entered: 10/06/2006)

Letter Brief by William O. Benenson Rehabilitation Pavilion, Flushing Manor Geriatric Center, Inc.. (Wenger, Marc) (Entered: 10/06/2006)

ORDER re 38 Proposed Scheduling Order filed by Petrona Simms, . So Ordered by Judge Ramon E. Reyes Jr. on 10/11/06. (Reyes, Ramon)

ORDER re 40 Letter filed by Flushing Manor Geriatric Center, Inc.,, William O. Benenson Rehabilitation Pavilion,, 39 Letter filed by United States Equal Employment Opportunity Commission (US EEOC), . Ordered by Judge Ramon E. Reyes Jr. on 10/12/06. (Reyes, Ramon)

ORDER re 40 Letter filed by Flushing Manor Geriatric Center, Inc.,, William O. Benenson Rehabilitation Pavilion,, 39 Letter filed by United States Equal Employment Opportunity Commission (US EEOC), . Ordered by Judge Ramon E. Reyes Jr. on 10/12/06. (Reyes, Ramon) (Entered: 10/12/2006)

Settlement conference scheduled with Judge in lieu of further mediation.(Hawa, Nancy)

NOTICE of Appearance by William Keith Watanabe on behalf of Petrona Simms (Watanabe, William) (Entered: 10/31/2006)

NOTICE of Change of Address and Telephone Number by William Keith Watanabe (Watanabe, William) (Entered: 10/31/2006)

Minute Entry: Settlement Conference held before Magistrate Ramon E. Reyes Jr. on 11/7/2006. Settlement discussion held, parties too far apart. (Tape #06/58 (0-2128).) (Black, Amanda) (Entered: 11/07/2006)

MOTION to Adjourn Conference on December 1, 2006 by all defendants. (Wenger, Marc) (Entered: 11/30/2006)

ORDER granting 45 MOTION to Adjourn Status Conference on December 1, 2006 by all defendants filed (Wenger, Marc).The next scheduled status conference will be held on January 17, 2007 at 11:00a.m.. Ordered by Judge Ramon E. Reyes Jr. on 11/30/06.(Vertus, Miriam)

MOTION for Extension of Time to Complete Discovery and Proposed Deposition Schedule by all defendants. (Wenger, Marc) (Entered: 01/31/2007)

First MOTION to Compel Discovery by all plaintiffs. (Attachments: # 1 Memorandum of Law in Support of Plaintiffs' Motion to Compel Discovery# 2 Affidavit Declaration of Sunu P. Chandy in Support of Plaintiffs' Motion to Compel Discovery# 3 Exhibit A-2002 Petition# 4 Exhibit B-2003 Petition# 5 Exhibit C-2004 Petition# 6 Exhibit D-1-EB Deposition# 7 Exhibit D-2-EB Deposition# 8 Exhibit D-3-EB Deposition# 9 Exhibit E-GB Deposition# 10 Exhibit F-1-RS Deposition# 11 Exhibit F-2-RS Deposition# 12 Exhibit F-3-RS Deposition# 13 Exhibit F-4-RS Deposition# 14 Exhibit G-MB Documents# 15 Exhibit H-Kulynch Case# 16 Exhibit I-Patsy's Italian Rest. Case# 17 Exhibit J-Smith Case# 18 Exhibit K-McLendon Case# 19 Exhibit L-Stoner Case# 20 Exhibit M-Pray Case# 21 Exhibit N-Rekrem Case# 22 Exhibit O-Cioffi Case# 23 Exhibit P-Allstate Case) (Chandy, Sunu) (Entered: 01/31/2007)

Proposed Scheduling Order by Petrona Simms (Attachments: # 1 Text of Proposed Order # 2 Exhibit # 3 # 4 Exhibit) (Watanabe, Laura) (Entered: 01/31/2007)

Proposed Scheduling Order Correspondence and Exhibits by Petrona Simms (Watanabe, Laura) (Entered: 01/31/2007)

ORDER granting in part and denying in part 46 Motion for Extension of Time to Complete Discovery. Ordered by Judge Ramon E. Reyes Jr. on 2/1/07. (Reyes, Ramon) (Entered: 02/01/2007)

First MOTION for Extension of Time to File Response/Reply as to 47 First MOTION to Compel Discovery and for a Stay of Discovery Proceedings by all defendants. (Ehrlich, David) (Entered: 02/14/2007)

Letter Opposition to Defendants' Application to Further Stay Discovery by Petrona Simms (Watanabe, Laura) (Entered: 02/14/2007)

ORDER granting 51 Motion for Extension of Time to File Response/Reply re 47 First MOTION to Compel Discovery. Response due by 3/2/2007, reply due by 3/9/2007. Further, discovery is stayed until 3/2/07 to facilitate the preparation of the Consent Decree. Parties directed to file the Consent Decree by 3/2/07. Ordered by Judge Ramon E. Reyes Jr. on 2/15/07. (Reyes, Ramon)

Letter MOTION to Adjourn Conference, extend defendant's time to respond to plaintiffs' motion to compel and to extend the time for the parties to file the consent decree by all defendants. (Wenger, Marc) (Entered: 03/01/2007)

Minute Entry for proceedings held before Ramon E. Reyes Jr.: Telephone Conference held on 3/2/2007.Sunu P.Chandy, Esq.,Laura A. Watanabe,Esq. and Albert Van Lare,Esq. for plaintiff and david R. Ehrlic,Esq. Marc Steven Wenger,Esq. for defendant.Parties to submit consent decree by 3/16/07.Defendant's time to respond to motion to compel extended to 3/16/07. (Vertus, Miriam)

TRANSCRIPT of Civil Cause for Status Conference before Hon. Ramon E. Reyes, Jr., for the date of January 17, 2007. (Abdallah, Fida) (Entered: 03/09/2007)

Letter MOTION for Extension of Time to File Consent Decree, and for an extension of time to file opposition papers to Plaintiffs' motion to compel by all defendants. (Wenger, Marc) (Entered: 03/16/2007)

ORDER granting 55 Motion for Extension of Time to File. Ordered by JudgeRamon E. Reyes Jr. on 3/16/06. (Reyes, Ramon)

Letter MOTION for Extension of Time to File The Consent Decree and To Extend The Time For Defendant To Respond To Plaintiff's Motion To Compel by all defendants. (Ehrlich, David) (Entered: 03/23/2007)

ORDER granting 56 Letter MOTION for Extension of Time to File The Consent Decree and To Extend The Time For Defendant To Respond To Plaintiff's Motion To Compel by all defendants. (Ehrlich, David). Ordered by JudgeRamon E. Reyes Jr. on 3-23-07. (Vertus, Miriam)

Letter dated April 2, 2007, from David Ehrlich, Esq., to Clerk of the Court informing the Court of his new email address. (Abdallah, Fida) (Entered: 04/13/2007)

Letter MOTION for Extension of Time to File Consent Decree from all parties & Defendants' Unopposed Request for Extension of time to file Response to Plaintiffs' Motion to Compel Discovery by all parties. (Chandy, Sunu) (Entered: 04/06/2007)

ORDER granting 57 Letter MOTION for Extension of Time to File Consent Decree from all parties by 4/13/07 and Defendants' Unopposed Request for Extension of time to file Response to Plaintiffs' Motion to Compel Discovery by 4/13/07 filed by (USEEOC)(Chandy, Sunu). Ordered by JudgeRamon E. Reyes Jr. on 4/9/07. (Vertus, Miriam)

Email Notification Test - DO NOT REPLY (Chee, Alvin)

Letter confirming that Consent Decree signed by all parties will be hand delivered to the Clerk's Office today and that all parties respectfully request that Exhibit A to the Decree be filed under seal by United States Equal Employment Opportunity Commission (US EEOC) (Chandy, Sunu) (Entered: 04/13/2007)

CONSENT DECREE; Plaintiffs and Defendants do hereby stipulate and consent to the entry of this Decree as final and binding between the parties signatory hereto and its assigns or successors. (see order for detail). Ordered by Judge Nina Gershon on 4/20/2007. (Clarke, Melonie) (Entered: 04/20/2007)

SEALED EXHIBIT PLACED IN VAULT (sealed 4/20/07) (Clarke, Melonie) (Entered: 04/20/2007)

Motions terminated: 47 First MOTION to Compel Discovery filed by United States Equal Employment Opportunity Commission (US EEOC). (Guzzi, Roseann)

Motions terminated: 53 Letter MOTION to Adjourn Conference. (Guzzi, Roseann)

SCHEDULING ORDER:Pre motion conference scheduled for 5/9/2007 at 11:00 a.m. in courtroom 6D South before Judge Nina Gershon. All parties involved in the action are directed to appear at this conference, whether or not they are involved in the proposed motion(s). The parties are reminded to adhere to the Individual Motion Practices of Judge Nina Gershon which are attached. So Ordered by Judge Nina Gershon on 4/24/2007. (Joe,Victor) (Entered: 04/24/2007)

SCHEDULING ORDER: Please disregard the pre motion conference scheduled for 5/9/2007. The wrong case number was selected. (Joe, Victor)

Letter MOTION for Extension of Time to File Stipulation by Flushing Manor Geriatric Center, Inc., William O. Benenson Rehabilitation Pavilion. (Wenger, Marc) (Entered: 05/17/2012)

Letter MOTION for Extension of Time to File Stipulation by Flushing Manor Geriatric Center, Inc., William O. Benenson Rehabilitation Pavilion. (Wenger, Marc) (Entered: 06/04/2012)

NOTICE re 64 Letter MOTION for Extension of Time to File Stipulation, 63 Letter MOTION for Extension of Time to File Stipulation. Counsel are advised that these motions should be addressed to Judge Gershon, as the parties seek an extension of a deadline established in the Consent Decree 60 . (Yasunaga, Adrienne)

ORDER granting 64 Motion for Extension of Time to File. Ordered by Senior Judge Nina Gershon on 6/5/2012. (Joe, Victor)

STIPULATION of Dismissal by Flushing Manor Geriatric Center, Inc. (Wenger, Marc) (Entered: 07/02/2012)

STIPULATION of Dismissal by Flushing Manor Geriatric Center, Inc. (Wenger, Marc) (Entered: 07/02/2012)

STIPULATION AND ORDER re 65 ; The parties entered into a Consent Decree entered April 20, 2007 to settle and resolve this action in full. The Consent Decree expired on April 20, 2012 and Defendants have fulfilled all obligations contained in the Decree. Based on the foregoing, it is hereby stipulated and agreed by and between the undersigned attorneys for the parties to this action that the complaint and all claims alleged therein by the EEOC are dismissed, without costs or attorneys' fees to any party as against the other. Ordered by Judge Nina Gershon on 7/3/2012. (Fernandez, Erica) (Entered: 07/09/2012)

STIPULATION AND ORDER re 65 ; The parties entered into a Consent Decree entered April 20, 2007 to settle and resolve this action in full. The Consent Decree expired on April 20, 2012 and Defendants have fulfilled all obligations contained in the Decree. Based on the foregoing, it is hereby stipulated and agreed by and between the undersigned attorneys for the parties to this action that the complaint and all claims alleged therein by the EEOC are dismissed, without costs or attorneys' fees to any party as against the other. Ordered by Judge Nina Gershon on 7/3/2012. (Fernandez, Erica) (Entered: 07/09/2012)

STIPULATION AND ORDER re 65 ; The parties entered into a Consent Decree entered April 20, 2007 to settle and resolve this action in full. The Consent Decree expired on April 20, 2012 and Defendants have fulfilled all obligations contained in the Decree. Based on the foregoing, it is hereby stipulated and agreed by and between the undersigned attorneys for the parties to this action that the complaint and all claims alleged therein by the EEOC are dismissed, without costs or attorneys' fees to any party as against the other. Ordered by Judge Nina Gershon on 7/3/2012. (Fernandez, Erica) (Entered: 07/09/2012)