Case details

Court: nyed
Docket #: 2:00-cv-06502
Case Name: Sawyer, et al v. Marriott Inter, et al
PACER case #: 186240
Date filed: 2000-10-31
Date terminated: 2002-06-17
Assigned to: Judge Thomas C. Platt
Referred to: Magistrate Judge Michael L. Orenstein
Case Cause: 28:1441 Petition for Removal Libel,Assault,Slander
Nature of Suit: 320 Assault Libel & Slander
Jury Demand: Plaintiff
Jurisdiction: Diversity

Parties

Represented Party Attorney & Contact Info
Robert Sawyer
Counter Defendant
TERMINATED: 02/27/2002		 
Michael C. Levine
(See above for address)
TERMINATED: 02/27/2002
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Kelly Sawyer
Plaintiff
 
Michael C. Levine
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Paul Wight
Counter Claimant
TERMINATED: 02/27/2002 also known asThe Giant also known asBig Show		 
Brian J. Davis
(See above for address)
TERMINATED: 02/27/2002
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

William Goldman Scher
(See above for address)
TERMINATED: 02/27/2002
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Marriott International, Inc.
Cross Defendant
doing business asLong Island Marriott Hotel and Conference Center		 
William Goldman Scher
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
World Championship Wrestling, Inc.
Defendant
TERMINATED: 11/28/2001 also known asWCW		 
Michael C. O'Malley
Michael C. O'Malley, Attorney at Law
71 Cleveland Avenue
Rockville Centre, NY 11570
(516)-317-6829
TERMINATED: 11/28/2001
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

William Goldman Scher
(See above for address)
TERMINATED: 11/28/2001
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Paul Wight
Cross Claimant
also known asThe Giant also known asBig Show		 
Brian J. Davis
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

William Goldman Scher
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Marriott International, Inc.
Cross Defendant
doing business asLong Island Marriott Hotel and Conference Center		 
William Goldman Scher
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Paul Wight
Counter Claimant
TERMINATED: 02/27/2002 also known asThe Giant also known asBig Show		 
Brian J. Davis
(See above for address)
TERMINATED: 02/27/2002
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

William Goldman Scher
(See above for address)
TERMINATED: 02/27/2002
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Robert Sawyer
Counter Defendant
TERMINATED: 02/27/2002		 
Michael C. Levine
(See above for address)
TERMINATED: 02/27/2002
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2000-10-31 1 0 NOTICE OF REMOVAL; Complaint attached FILING FEE $ 150.00 RECEIPT # 238796 (Lopez, Luz) (Entered: 11/02/2000)
2000-11-06 2 0 DEMAND for jury trial by Robert Sawyer, Kelly Sawyer (fe) (Entered: 11/16/2000)
2000-11-13 3 0 ANSWER to Complaint by Marriott Inter (fe) (Entered: 12/01/2000)
2000-11-29 4 0 RETURN OF SERVICE executed as to Paul Wight 11/17/00 Answer due on 12/7/00 for Paul Wight (fe) (Entered: 12/06/2000)
2000-11-29 5 0 RETURN OF SERVICE executed as to World Championship 11/22/00 Answer due on 12/12/00 for World Championship (fe) (Entered: 12/06/2000)
2000-11-29 6 0 RETURN OF SERVICE executed as to Marriott Inter 11/22/00 Answer due on 12/12/00 for Marriott Inter (fe) (Entered: 12/06/2000)
2000-12-29 7 0 ANSWER to Complaint by World Championship (fe) (Entered: 01/05/2001)
2001-01-09 8 0 LETTER dated 1/4/01 from Brian Davis to Orenstein, M.; re: hereby withdraw the motion that I has previously made in Nassau County Supreme Court seeking to dismiss the Complaint for failure to state a cause of action (McMahon, Carol) (Entered: 01/09/2001)
2001-01-12 9 0 ORDER - This case has been referred by Judge Platt to the undersigned. set status conference for 4:30 2/14/01 before Magistrate Michael L. Orenstein (signed by Magistrate Michael L. Orenstein , on 1/12/01) c/m (fe) (Entered: 01/17/2001)
2001-01-29 10 0 ANSWER to Complaint and COUNTERCLAIM by Paul Wight against Robert Sawyer (fe) (Entered: 01/29/2001)
2001-01-23 11 0 Copy of AMENDED RETURN OF SERVICE executed as to Marriott Inter 11/22/00 Answer due on 12/12/00 for Marriott Inter (fe) (Entered: 02/07/2001)
2001-02-02 12 0 Rule 26(a) Automatic Disclosure Statement by Paul Wight. (Imrie, Robert) (Entered: 02/14/2001)
2001-02-14 13 0 ANSWER by Robert Sawyer, Kelly Sawyer to [10-2] counter claim (Mierzewski, Liz) (Entered: 02/14/2001)
2001-02-14 14 0 Calendar entry: Before Magistrate Orenstein on 2/14/01 @ 4:30 pm. Civil Cause for Initial Conference. Case called. Counsel for all sides present. set status conference for 10:30 4/10/01 before Magistrate Michael L. Orenstein Tape #01-22(778-2696). Parties will review transcript of criminal trial & also review path of this case by next conference. Pltff to seek "notice" discovery from Marriott. (fe) (Entered: 02/15/2001)
2001-04-09 15 0 Letter MOTION to extend time of the conference scheduled for 4/10/01 , No motion hearing (Valle, Christine) (Entered: 04/11/2001)
2001-04-27 16 0 SCHEDULING ORDER; Any summary judgment motion shall be scheduled for a pre-motion conference no later than 10/15/01. All discovery is to be completed by 8/31/01. A final pre-trial conference is to be held 9/14/01 at 10:30 a.m. Court strongly recommended resolution based upon a business judgment. ( signed by Magistrate Michael L. Orenstein, on 4/27/01) (Fagan, Linda) (Entered: 05/08/2001)
2001-04-27 17 0 Calendar entry: before Magistrate Judge Orenstein on 4/27/01 at 2:00 p.m.; civil cause for Status Conference. Terminated past due deadlines . Tape # 01-56(482-2060) (Fagan, Linda) (Entered: 05/08/2001)
2001-05-09 18 0 Letter MOTION by pltfs requesting that right to depose Mr. Wight be reserved until such time that we review the transcripts of the criminal case and adequately prepare to take Mr. Wight's depo , Motion hearing ; object to the production of dft Paul Wight for depo on 5/7/01 (McMahon, Carol) (Entered: 05/09/2001)
2001-05-09 19 0 LETTER dated 5/4/01 from Edward B. Joachim to Certilman Balin Adler & Hyman, LLP; it is now 5:00 on 5/4/01; have not received a response to our earlier facsimile to Magistrate Orenstein of today, nor have we received copies of the criminal transcripts; we will not be appearing at the depo of Mr. Wight scheduled for 5/7/01 nor will we be ordering a reporter for same (McMahon, Carol) (Entered: 05/09/2001)
2001-05-23 20 0 ORDER; granting, there being no opposition, [18-1] motion requesting that right to depose Mr. Wight be reserved until such time that we review the transcripts of the criminal case and adequately prepare to take Mr. Wight's depo.; Deft., Wight, must still appear for deposition at a mutually agreed time, place and date prior to the close of discovery . ( signed by Magistrate Michael L. Orenstein, on 5/23/01) c/m (Fagan, Linda) (Entered: 05/24/2001)
2001-06-15 21 0 LETTER dated 6/14/01 from Michael C. Levine to Mr. Davis Re: regarding deft's letter to JUdge Platt dated 6/8/01. (Imrie, Robert) (Entered: 06/19/2001)
2001-06-15 22 0 LETTER dated 6/15/01 from Brian J. Davis, Esq. to Michael C. Levine, Esq. re: in response to Michael C. Levine's letter of 6/14/01. (Fagan, Linda) (Entered: 06/25/2001)
2001-06-27 23 0 LETTER dated 6/21/01 from Brian J. Davis to Orenstein, M.; re: want to resolve the issue of whether my client, Paul Wight, has to appear for a second depo; have now been presented with an Order dtd 5/23/01, signed by Your Honor; application was made to Your Honor to obtain this order, was done on an ex parte basis (McMahon, Carol) (Entered: 06/27/2001)
2001-07-17 24 0 ORDER; The deft, Paul Wight, moves by letter application for an order declaring that he need not appear for a deposition conducted by pltff. Davis Letter, dated 6/21/01. The Order of this Court dated 5/23/01 granted pltff's request for a protective order vacating the deposition of 5/7/01. Defts went ahead on 5/7/01 anyway and now seek this Court's vacatur of the portion of the 5/23/01 Order which required Mr. Wight to appear for pltff's deposition at a mutually agreed to time, date and place prior to the close of discovery. This Court interprets the movant's application as one to reargue. Such application is denied as untimely. Local Civil Rule 6.3 Deft also claims that pltff's 5/4/01 application was "ex parte". Given all of the circumstances set forth herein, the previous application was not ex parte; the Court allowed more than ten (10) days for defts' response and no deft responded . Mr. Wight is directed to appear for his deposition by pltff prior to the close of discovery and said deft shall notify the other parties of his schedule of shows in the New York Metropolitan area between now and 8/31/01 . Pending such deposition counsel can exchange the Rule 56.1 statement and counter-countstatement, but no motion for summary judgment may be filed until after Mr. Wight is deposed. Modifications to the Rule 56.1 statement and counter-statements may be made upon completion of Mr. Wight's deposition . ( signed by Magistrate Michael L. Orenstein, on 7/17/01) c/m (Fagan, Linda) (Entered: 07/18/2001)
2001-09-17 25 0 Letter MOTION by Paul Wight to extend time , reset status conference before Magistrate Michael L. Orenstein , Motion hearing set for 1:30 9/28/01 [25-1] motion, set for 1:30 9/28/01 [25-2] motion (Barhome, Sydelle) (Entered: 09/17/2001)
2001-09-28 26 0 Calendar entry:, Before Magistrate Judge Orenstein dtd 9/28/01 Civil cause for Status conference. Deft. Wright was not produced for deposition by 8/31/01. Parties rescheduled deposition for 10/17/01 without Court permission. If Mr. Wright fails to appear on 10/17/01 for his deposition, then said deft. will be precluded from testifying at trial and from moving for summary judgment. set status conference for 9:00 10/18/01 before Magistrate Michael L. Orenstein Court Reporter/ESR Tape # 01-147(632-2220) (Mierzewski, Liz) (Entered: 10/02/2001)
2001-10-18 27 0 Calendar entry:, Before Magistrate Judge Orenstein dtd 10/18/01 Civil cause for status conference. Deft. Marriott, if in its possession will provide a copy of the June 15 log book entry or for the few hours preceding the event. If not in its possession, custody & control it will so state. Court directed that if defts have a motion they must file it with all papers by 12/1/01 including motion, brief, opposition brief and reply. reset status conference for 4:00 12/7/01 before Magistrate Michael L. Orenstein Court Reporter/ESR Tape # (Mierzewski, Liz) (Entered: 10/22/2001)
2001-11-02 28 0 REQUEST for Admissions under Rule 36 by Robert Sawyer and Kelly Sawyer. (Lopez, Luz) (Entered: 11/07/2001)
2001-11-19 29 0 REQUEST for Admissions under Rule 36 of the F.R.C.P. by Robert Sawyer, Kelly Sawyer (Lopez, Luz) (Entered: 11/20/2001)
2001-11-28 30 0 STIPULATION and ORDER, dismissing Action is dismissed as to Dft. World Championship Wrestling, Inc. a/k/a and Turner Broadcasting, Inc., with prejudice and without costs to either party as against the other. (signed by Senior Judge Thomas C. Platt on 11/30/01) (Barhome, Sydelle) (Entered: 12/07/2001)
2001-12-11 31 0 Letter MOTION by Marriott Inter reset status conference before Magistrate Michael L. Orenstein , Motion hearing set for 3:00 1/25/02 [31-1] motion (Barhome, Sydelle) (Entered: 12/11/2001)
2001-12-10 32 0 LETTER dated 12/5/01 from William Scher to USDJ Platt RE: Requesting the court refrain from considering the parties' motions and cross-motions for summary judgment until such time as a date has been selected for oral argument. (Branciforte, Ralph) (Entered: 12/17/2001)
2002-01-24 33 0 Letter MOTION by Marriott International respectfully requesting that conference be adjourned. , No motion hearing (Lopez, Luz) (Entered: 01/29/2002)
2002-01-25 34 0 MOTION by Marriott International for summary judgment , No motion hearing Motion file stamped: 12/03/01 and mailed/served: 1/25/02 (Lopez, Luz) (Entered: 02/06/2002)
2002-01-25 35 0 Rule 56.1 Statement by Marriott International re: [34-1] motion for summary judgment (Lopez, Luz) (Entered: 02/06/2002)
2002-01-25 36 0 MEMORANDUM by Marriott International in support of [34-1] motion for summary judgment (Lopez, Luz) (Entered: 02/06/2002)
2002-01-25 37 0 MEMORANDUM by Robert Sawyer, Kelly Sawyer in opposition to [34-1] motion for summary judgment (Lopez, Luz) (Entered: 02/06/2002)
2002-01-25 38 0 AFFIDAVIT of Michael C. Levine on behalf of Robert Sawyer, Kelly Sawyer, in opposition to the [34-1] motion for summary judgment (Lopez, Luz) (Entered: 02/06/2002)
2002-01-25 39 0 REPLY MEMORANDUM OF LAW by Marriott International in further support of the [34-1] motion for summary judgment and reply to opposition affidavit. (Lopez, Luz) (Entered: 02/06/2002)
2002-01-25 40 0 REPLY AFFIDAVIT by William G. Scher on behalf of Marriott International. In further support of the [34-1] motion for summary judgment (Lopez, Luz) (Entered: 02/06/2002)
2002-01-25 41 0 MOTION by Paul Wight for summary judgment , no Motion hearing Motion file stamped: 12/3/01 and mailed/served: 1/25/02 (Lopez, Luz) (Entered: 02/07/2002)
2002-01-25 42 0 Rule 56.1 Statement by Paul Wight re: [41-1] motion for summary judgment (Lopez, Luz) (Entered: 02/07/2002)
2002-01-25 43 0 MEMORANDUM by Paul Wight in support of [41-1] motion for summary judgment (Lopez, Luz) (Entered: 02/07/2002)
2002-01-25 44 0 MEMORANDUM by Robert Sawyer, Kelly Sawyer in opposition to [41-1] motion for summary judgment (Lopez, Luz) (Entered: 02/07/2002)
2002-01-25 45 0 CROSS MOTION by Robert Sawyer, Kelly Sawyer for summary judgment againts dft Paul Wight , No Motion hearing (Lopez, Luz) Modified on 02/07/2002 (Entered: 02/07/2002)
2002-01-25 46 0 AFFIDAVIT by Michael Levine on behalf of Robert Sawyer, and Kelly Sawyer in support of the [45-1] cross motion for summary judgment (Lopez, Luz) (Entered: 02/07/2002)
2002-01-25 47 0 Rule 56.1 Statement by Robert Sawyer, Kelly Sawyer re: [45-1] cross motion for summary judgment (Lopez, Luz) (Entered: 02/07/2002)
2002-01-25 48 0 AFFIRMATION by Brian Wight on behalf of Paul Wight in opposition [45-1] cross motion for summary judgment (Lopez, Luz) (Entered: 02/07/2002)
2002-02-01 49 0 Calendar entry: Case called before USDJ Platt on 2/1/02 at 10:30 am. Civil cause for motion argument. Counsel for plt and dfts present. Motion argued by both sides. Decision reserved. Court Reporter: Ellen Combs. (Lopez, Luz) (Entered: 02/07/2002)
2002-01-25 50 0 Video tape - "Marriot Hotel/Uniondale, NY 6/16/98" (Lopez, Luz) (Entered: 02/07/2002)
2002-02-21 51 0 MEMORANDUM and ORDER denying Marriott's [34-1] motion for summary judgment, granting Sawyer's [45-1] cross motion for summary judgment against dft Paul Wight granting Wight's [41-1] motion for summary judgment ( signed by Senior Judge Thomas C. Platt , on 2/21/02) (Barhome, Sydelle) (Entered: 02/22/2002)
2002-02-27 52 0 JUDGMENT that defendant Marriott International's motion for summary judgment is denied; that plaintiffs' cross motion for summary judgment is granted; and that defendant Paul Wight's motion for summary judgment is granted. ( Signed by Karene Harper, on 2/27/02) cm , (Lopez, Luz) (Entered: 03/01/2002)
2002-03-18 53 0 LETTER dated 3.18.02 from William G. Scher to USDJ Platt re: seeking permission to file an interlocutory appeal of the Order denying dft's motion for summary judgment. (Lopez, Luz) (Entered: 03/22/2002)
2002-03-20 54 0 LETTER dated 3/18/02 from William Scher to USDJ Platt RE: Defendant Marriott requests permission to file an interlocutory appeal of the Court's recent ruling denying Marriott's motion for summary judgment. (Branciforte, Ralph) (Entered: 03/26/2002)
2002-03-26 55 0 LETTER dated 3.26.02 from William Scher to USMJ Orenstein re: This matter has been settled. A stipulation of discontinuance with prejudice will be executed and submitted to the Court. (Lopez, Luz) (Entered: 03/29/2002)
2002-03-26 56 0 LETTER dated 3/26/02 from William G. Scher to Magistrate Orenstein Re: advising the Court that this matter has been settled between plaintiffs and defendants Wight and Marriott Int'l. (Imrie, Robert) (Entered: 04/02/2002)
2002-04-03 57 0 NOTICE OF APPEAL by Marriott Inter Fee Paid $ 105.00 Receipt # 259263 [52-1] judgment order. Copy of notice and certified copy of docket forwarded to USCA. Copy of notice forwarded to chambers. (Romano, Dan) (Entered: 04/03/2002)
2002-05-06 58 0 MANDATE OF USCA (certified copy) Re: [57-1] appeal dismissed. Copy forwarded to chambers. (Romano, Dan) (Entered: 06/05/2002)
2002-06-17 59 0 ORDER Of Dismissal; It is hereby Ordered having been advised by the parties on 3/26/02 that the above case has been settled, the case is dismissed . It is further Ordered should the settlement not be consummated the court will reopen the case upon receipt of letter from counsel so requesting. The Clerk of the Court is directed to mail a copy of this order to all parties and mark this case closed . ( signed by Senior Judge Thomas C. Platt, on 6/17/02) c/m (Fagan, Linda) (Entered: 06/21/2002)