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1102324.3 11/26/2017

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NEW YORK

STEVEN B. BARGER,

Plaintiff,

v.

FIRST DATA CORPORATION, et. al,

Defendants.

Civil Case No.: 1:17-cv-04869-FB-LB

DEFENDANTS INITIAL DISLCOSURES

PURSUANT TO FED. R. CIV. P. 26(a)

Defendants First Data Corporation (“First Data”), Frank Bisignano, Dan Charron,

Anthony Marino, Karen Whalen, Lori Graesser, and Rhonda Johnson (collectively

“Defendants”), by and through their undersigned counsel, hereby provide their initial disclosures

as required by Fed. R. Civ. P. 26(a)(1). In making their initial disclosures, Defendants do not

waive any protection provided by the attorney work product doctrine, attorney-client privilege,

or any other applicable privilege, doctrine, or immunity. Moreover, Defendants reserve the right

to supplement these initial disclosures as additional discovery, investigation and analysis may

warrant or require.

1. Rule 26(a)(1)(A)(i): The name and, if known, the address, and telephone

number of each individual likely to have discoverable information — along with the

subjects of that information — that the disclosing party may use to support its claims or

defenses, unless the use would be solely for impeachment.

Name Address/Telephone Number Subject of Information

Plaintiff Steven B. Barger Stephen M. Zeitlin, Esq.

David A. Zeitlin, Esq.

Zeitlin & Zeitlin, P.C.

50 Court Street, Suite 506

Brooklyn, New York 11201

T: (718) 522-5644

david@zeitlinlawfirm.com

Attorneys for Plaintiff

Plaintiff, a former employee

of First Data, has knowledge

regarding his employment

with First Data, the allegations

of his Complaint, his alleged

damages, and efforts at

mitigation.

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1102324.3 11/26/2017

Shawn E. Shearer

The Law Office of Shawn

Shearer, P.C.

3839 McKinney Avenue,

Suite 155-254

Dallas, Texas 75204

T: (214) 434-1594

shawn@shearerlaw.pro

Shawn E. Shearer, Esq. The Law Office of Shawn

Shearer, P.C.

3839 McKinney Avenue,

Suite 155-254

Dallas, Texas 75204

T: (214) 434-1594

shawn@shearerlaw.pro

Mr. Shearer has knowledge

and information regarding his

severance negotiations with

Defendant Graesser, as alleged

in ¶¶ 169-174 of the

Complaint.

Defendant Frank Bisignano This witness may only be

contacted through the

undersigned counsel.

Defendant Bisignano, the

CEO of First Data, has

knowledge regarding the

decision to implement a

reduction in force which

began in late 2016 and the

inclusion of Plaintiff in the

reduction in force. He may

also have some information

regarding Plaintiff’s

employment with First Data.

Defendant Dan Charron This witness may only be

contacted through the

undersigned counsel.

Defendant Charron, an EVP of

First Data and Plaintiff’s

ultimate supervisor, has

knowledge regarding the

reduction in force which

began in late 2016 and his

decision after consultation

with members of management

to include Plaintiff in the

reduction in force. He is likely

to also have knowledge

regarding certain of First

Data’s policies, practices, and

procedures, Plaintiff’s

employment with First Data

and the allegations set forth in

the Complaint.

Defendant Anthony Marino This witness may only be

contacted through the

undersigned counsel.

Defendant Marino, an EVP of

First Data, has knowledge

regarding the reduction in

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1102324.3 11/26/2017

force which began in late 2016

and the decision to include

Plaintiff in the reduction in

force. He also has knowledge

of his interactions with

Plaintiff as alleged in the

Complaint and Plaintiff’s

leave of absence. He is likely

to also have knowledge

regarding certain of First

Data’s personnel policies,

practices, and procedures and

Plaintiff’s employment with

First Data.

Defendant Karen Whalen This witness may only be

contacted through the

undersigned counsel.

Defendant Whalen, an SVP of

First Data, has knowledge

regarding the reduction in

force which began in late 2016

and the decision to include

Plaintiff in the reduction in

force. She also has knowledge

regarding certain of First

Data’s personnel policies,

practices, and procedures and

Plaintiff’s employment with

First Data.

Defendant Lori Graesser This witness may only be

contacted through the

undersigned counsel.

Defendant Graesser, an

Associate General Counsel of

First Data, has non-privileged

information regarding her

severance negotiations with

Plaintiff’s counsel Shawn

Shearer as alleged in the

Complaint. She also has non- privileged information

regarding First Data’s

personnel policies, practices,

and procedures. She may also

have knowledge of other

information regarding the

allegations in the Complaint,

but this information is subject

to the attorney client and/or

work product privileges given

her role as in house counsel at

First Data.

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Defendant Rhonda Johnson This witness may only be

contacted through the

undersigned counsel.

Defendant Johnson, a VP of

First Data, has knowledge

regarding Plaintiff’s

performance as a manager and

her counseling of him with

respect to various personnel

issues, his leave of absence, First Data’s personnel

policies, practices, and

procedures, the terms and

conditions of Plaintiff’s

employment and termination,

the reduction in force, and the

allegations set forth in the

Complaint regarding her

interactions with Plaintiff.

Jeffrey Hack This witness may only be

contacted through the

undersigned counsel.

Mr. Hack is a former First

Data EVP and Plaintiff’s

immediate supervisor who

was also laid off due the

reduction in force at or around

the same time that Plaintiff

was notified of his inclusion in

the reduction in force. He has

knowledge regarding the

reduction in force which

began in late 2016 and the

decision to include Plaintiff in

the reduction in force. He also

has knowledge of Plaintiff’s

performance as a First Data

employee.

Justin Stamey This witness may only be

contacted through the

undersigned counsel.

Mr. Stamey, an employee of

First Data who worked with

Plaintiff in the Training

Department, has knowledge of

Plaintiff’s performance as

Manager of the Training

Department and may have

knowledge regarding the

allegations set forth in the

Complaint.

Theresa Ward This witness may only be

contacted through the

undersigned counsel.

Ms. Ward, a former employee

of First Data who worked with

Plaintiff in the Training

Department, has knowledge of

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1102324.3 11/26/2017

Plaintiff’s performance as

Manager of the Training

Department and may have

knowledge regarding the

allegations set forth in the

Complaint.

Julie Kelly This witness may only be

contacted through the

undersigned counsel.

Ms. Kelly, an employee of

First Data who worked with

Plaintiff in the Training

Department, has knowledge of

Plaintiff’s performance as

Manager of the Training

Department and may have

knowledge regarding the

allegations set forth in the

Complaint.

Katie Delaney Broderick This witness may only be

contacted through the

undersigned counsel.

Ms. Delaney Broderick, a

former employee of First

Data, has knowledge of

Plaintiff’s performance as

Manager of the Training

Department and may have

knowledge regarding the

allegations set forth in the

Complaint.

Gita Patel This witness may only be

contacted through the

undersigned counsel.

Ms. Patel, an employee of

First Data and Plaintiff’s

former executive assistant, has

knowledge of Plaintiff’s

performance as Manager of

the Training Department and

may have knowledge

regarding the allegations set

forth in the Complaint.

James Britt This witness may only be

contacted through the

undersigned counsel.

Mr. Britt, an employee of First

Data, worked with Plaintiff as

his HR Partner prior to

Defendant Johnson assuming

this role. Mr. Britt is likely to

have knowledge regarding

certain of First Data’s

personnel policies, practices,

and procedures and Plaintiff’s

employment with First Data.

Robin Ording This witness may only be

contacted through the

Ms. Ording, a First Data VP,

has knowledge regarding the

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1102324.3 11/26/2017

undersigned counsel. Training Group and may have

knowledge regarding the

allegations set forth in the

Complaint.

Kathy Benhardt This witness may only be

contacted through the

undersigned counsel.

Ms. Benhardt, a First Data VP,

has knowledge regarding First

Data’s personnel policies,

practices, and procedures and

information regarding the

reduction in force.

Joseph Plumeri This witness may only be

contacted through the

undersigned counsel.

Mr. Plumeri, the Vice

Chairman of First Data, has

knowledge regarding

Plaintiff’s employment with

First Data and his interactions

with Plaintiff.

Dr. Louis Harrison As alleged in ¶¶ 96-101 of the

Complaint, Dr. Harrison was

one of Plaintiff’s doctors.

Dr. Tapan Padhya As alleged in ¶¶ 112-115 of

the Complaint, Dr. Padhya

was one of Plaintiff’s doctors.

All persons identified in

Plaintiff’s Rule 26(a)

disclosures, supplemental

disclosures, discovery

responses, and document

production.

All persons identified by

Defendants in their discovery

responses and document

production.

Defendants reserve the right to amend these disclosures during the course of discovery

and incorporates herein by reference those individuals identified by Plaintiff in his Rule 26(a)

Initial Disclosures.

2. Rule 26(a)(1)(A)(ii): A copy — or a description by category and location —

of all documents, electronically stored information, and tangible things that the disclosing

party has in its possession, custody, or control and may use to support its claims or

defenses, unless the use would be solely for impeachment.

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1102324.3 11/26/2017

The following are non-privileged documents or categories of documents, (including ESI),

in Defendants’ possession, custody, or control that may be used to support their claims or

defenses. Pursuant to Rule 26(a)(1)(B), the list may not include the relevant documents believed

to be in Plaintiff’s possession or the possession of third parties:

1. Documents regarding the reduction in force which began to be implemented in

late 2016.

2. Plaintiff’s personnel file.

3. Documents describing Plaintiff’s compensation and benefits.

4. Documents describing Plaintiff’s duties and responsibilities during his

employment with First Data.

5. First Data’s employment policies relating to FMLA, paid time off, disability

insurance benefits, equal employment opportunity, anti-discrimination, and

reasonable accommodations.

6. Plaintiff’s medical information submitted to First Data.

7. Communications and documents exchanged between Plaintiff and Defendants

related to the allegations in Plaintiff’s Complaint.

8. Documents and communications related to Plaintiff’s performance and leadership

of the Training Group.

9. Documents, including communications with Plaintiff, regarding his severance

package.

10. Documents related to the CEO Action for Diversity & Inclusion.

11. Documents identified in disclosures of other parties or non-parties as provided in

discovery, as well as any documents identified or produced in discovery by other

parties. 12. Defendants reserve the right to amend these disclosures during the course of

discovery.

3. Rule 26(a)(1)(A)(iii): A computation of each category of damages claimed by

the disclosing party — who must also make available for inspection and copying under

Rule 34 the documents or other evidentiary material, unless privileged or protected from

disclosure, on which each computation is based, including materials bearing on the nature

and extent of injuries suffered.

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1102324.3 11/26/2017

Not applicable at this time, subject to and without waiving Defendants’ right to recover

(i) their attorneys’ fees and costs incurred in defending this meritless case and (ii) any rights to

indemnification or contribution from any other party or non-party.

4. Rule 26(a)(1)(A)(iv): For inspection and copying as under Rule 34, any

insurance agreement under which an insurance business may be liable to satisfy all or part

of a possible judgment in the action or to indemnify or reimburse for payments made to

satisfy the judgment.

Not applicable.

Respectfully submitted,

SAUL EWING ARNSTEIN & LEHR LLP

/s/ Gary B. Eidelman

Gary B. Eidelman (admitted pro hac vice)

500 E Pratt Street

Baltimore, Maryland 21202

T: (410) 332-8975

F: (410) 332-8976

Gary.Eidelman@saul.com

Gillian A. Cooper

650 College Road East, Suite 4000

Princeton, New Jersey 08540

T: (609) 452-5021

F: (609) 452-6103

Gillian.Cooper@saul.com

Attorneys for Defendants

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1102324.3 11/26/2017

CERTIFICATION OF SERVICE

I hereby certify that a true and correct copy of the foregoing Defendants’ Initial

Disclosures Pursuant to Fed. R. Civ. P. 26(a) was served on the following counsel via electronic

mail:

Stephen M. Zeitlin, Esq.

David A. Zeitlin, Esq.

Zeitlin & Zeitlin, P.C.

50 Court Street, Suite 506

Brooklyn, New York 11201

T: (718) 522-5644

david@zeitlinlawfirm.com

Attorneys for Plaintiff

Shawn E. Shearer

The Law Office of Shawn Shearer, P.C.

3839 McKinney Avenue, Suite 155-254

Dallas, Texas 75204

T: (214) 434-1594

shawn@shearerlaw.pro

Attorneys for Plaintiff

/s/ Gary B. Eidelman

Gary B. Eidelman

Dated: November 26, 2017

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1

From: Julie Kelly <jul_glad@mac.com>

Sent: Friday, July 13, 2018 4:47 PM

To: Cooper, Gillian A.

Cc: Eidelman, Gary B.; 'Julie Kelly'

Subject: RE: Barger v. First Data

Ms. Cooper & Mr. Eidelman,  

Quite honestly, I have no idea who either of you are, other than lawyers for

First Data defendants in a federal law suit. I don’t understand why I’m

being asked to provide other dates for a deposition when I showed up to the

original (not cancelled) one.  

Please advise,  

JK

‐‐‐‐‐Original Message‐‐‐‐‐ 

From: Cooper, Gillian A. <Gillian.Cooper@saul.com>  

Sent: Wednesday, July 11, 2018 6:13 PM

To: 'Julie Kelly' <jul_kelly@mac.com>

Cc: Eidelman, Gary B. <Gary.Eidelman@saul.com>

Subject: RE: Barger v. First Data

Ms. Kelly:

We are not your lawyers. Please provide us with dates that you are available

for a deposition. If we cannot agree to a date, we will be forced to move

before the United States District Court for the Southern District of Ohio to

compel your deposition.

Gillian A. Cooper

SAUL EWING ARNSTEIN & LEHR LLP

650 College Road East, Suite 4000 | Princeton, NJ 08540‐6603

Tel: 609.452.5021 | Fax: 609.452.6103

Gillian.Cooper@saul.com | https://protect‐us.mimecast.com/s/OBaQClYvXZSPPxjvTG7KeB?domain=saul.com  

‐‐‐‐‐Original Message‐‐‐‐‐ 

From: Julie Kelly [mailto:jul_glad@mac.com]

Sent: Wednesday, July 11, 2018 3:41 PM

To: Eidelman, Gary B.

Cc: 'Julie Kelly'; Cooper, Gillian A.

Subject: RE: Barger v. First Data

Mr. Eidleman,  

You gave me that idea as you are the lawyer for First Data's defendants.

Case: 1:18-mc-00010-SJD-SKB Doc #: 25-1 Filed: 10/05/18 Page: 35 of 54 PAGEID #: 727
2

Julie Kelly

‐‐‐‐‐Original Message‐‐‐‐‐ 

From: Eidelman, Gary B. <Gary.Eidelman@saul.com>

Sent: Wednesday, July 11, 2018 1:40 PM

To: Julie Kelly <jul_glad@mac.com>

Cc: Julie Kelly <jul_kelly@mac.com>; Cooper, Gillian A.

<Gillian.Cooper@saul.com>

Subject: Re: Barger v. First Data

No I am not and never have been.  Wherever did you get that idea?

Gary B. Eidelman

Sent from my iPhone

On Jul 11, 2018, at 1:08 PM, Julie Kelly

<jul_glad@mac.com<mailto:jul_glad@mac.com>> wrote:

My apologies, I just saw the auto spell check mistake.

Mr. Eidleman,

Are you my lawyer?

Julie Kelly

From: Julie Kelly <jul_kelly@mac.com<mailto:jul_kelly@mac.com>>

Sent: Wednesday, July 11, 2018 11:51 AM

To: Eidelman, Gary B.

<Gary.Eidelman@saul.com<mailto:Gary.Eidelman@saul.com>>

Cc: Julie Kelly <jul_glad@mac.com<mailto:jul_glad@mac.com>>; Cooper, Gillian

A. <Gillian.Cooper@saul.com<mailto:Gillian.Cooper@saul.com>>

Subject: Re: Barger v. First Data

Me. Eidelman,

Are you my lawyer?

Julie Kelly

On Jul 11, 2018, at 10:05 AM, Eidelman, Gary B.

<Gary.Eidelman@saul.com<mailto:Gary.Eidelman@saul.com>> wrote:

No, she is my associate. Per your letter, we are contacting you by email.

Gary B. Eidelman

Sent from my iPhone

On Jul 11, 2018, at 10:04 AM, Julie Kelly

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3

<jul_glad@mac.com<mailto:jul_glad@mac.com><mailto:jul_glad@mac.com>> wrote:

Ms. Cooper,

Are you my lawyer?

Julie Kelly

From: Cooper, Gillian A.

<Gillian.Cooper@saul.com<mailto:Gillian.Cooper@saul.com><mailto:Gillian.Coop

er@saul.com>>

Sent: Tuesday, July 10, 2018 5:11 PM

To: 'jul_kelly@mac.com<mailto:jul_kelly@mac.com><mailto:jul_kelly@mac.com>'

<jul_kelly@mac.com<mailto:jul_kelly@mac.com><mailto:jul_kelly@mac.com>>

Cc: Eidelman, Gary B.

<Gary.Eidelman@saul.com<mailto:Gary.Eidelman@saul.com><mailto:Gary.Eidelman@

https://protect‐us.mimecast.com/s/BFQHCmZ281FPPz9rTOLuCd?domain=saul.com>>

Subject: Barger v. First Data

Dear Ms. Kelly:

We are in receipt of your letter dated June 27, 2018. You should have

received a letter from me last week. (The letters must have crossed paths in

the mail). You provided your email address in the letter, so hopefully this

will be most efficient to connect.

I'm hoping I can clear a few things up. You may or may not be aware, but

there are restrictions that prevent attorneys from communicating with

individuals who are known to be represented by counsel. After we received

the charge you filed with the OCRC (even though it is entirely unrelated to

the Barger‐lawsuit) and learned that you are represented by counsel in that

case, we were required to follow those rules that prevent us from

communicating with someone who is represented by an attorney. Since serving

the deposition subpoena, however, you have indicated that you are not

represented by counsel and willing to speak to us about the Barger‐lawsuit.

Can we set up a time to have a call this week? Hopefully by arranging a call

we can avoid a deposition altogether.

Let me know what works best for you and we can get this set up.

Gillian A. Cooper

SAUL EWING ARNSTEIN & LEHR LLP

650 College Road East, Suite 4000 | Princeton, NJ 08540‐6603

Tel: 609.452.5021 | Fax: 609.452.6103

Gillian.Cooper@saul.com<mailto:Gillian.Cooper@saul.com><mailto:Gillian.Coope

r@saul.com> |

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4

https://protect‐us.mimecast.com/s/BlVsCn5Y72U33vkYTN3rIu?domain=saul.com<https://protect‐

us.mimecast.com/s/BlVsCn5Y72U33vkYTN3rIu?domain=saul.com><https://protect‐

us.mimecast.com/s/cxvMCo2v83sPPEQ0T65bzv?domain=saul.com<https://protect‐

us.mimecast.com/s/x9ePCpYRB4SOOm7BhJAAYB?domain=sau

https://protect‐us.mimecast.com/s/rSGdCqxV6gskkZVoTr4Lp8?domain=l.com>

>

"Saul Ewing Arnstein & Lehr LLP

(https://protect‐us.mimecast.com/s/BFQHCmZ281FPPz9rTOLuCd?domain=saul.com<https://protect‐

us.mimecast.com/s/BFQHCmZ281FPPz9rTOLuCd?domain=saul.com><https://protect‐

us.mimecast.com/s/BFQHCmZ281FPPz9rTOLuCd?domain=saul.com<https://protect‐

us.mimecast.com/s/BFQHCmZ281FPPz9rTOLuCd?domain=saul.com>>)" has

made the following annotations:

+~~~~~~~~~~~~~~~~~~~~~~~+

This e‐mail may contain privileged, confidential, copyrighted, or other

legally protected information. If you are not the intended recipient (even

if the e‐mail address is yours), you may not use, copy, or retransmit it. If

you have received this by mistake please notify us by return e‐mail, then

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EXHIBIT J 

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U.S. District Court

Eastern District of New York (Brooklyn)

CIVIL DOCKET FOR CASE #: 1:17-cv-04869-FB-LB

Barger v. First Data Corporation et al

Assigned to: Judge Frederic Block

Referred to: Magistrate Judge Lois Bloom

Cause: 28:1331 Fed. Question

Date Filed: 08/18/2017

Jury Demand: Plaintiff

Nature of Suit: 751 Labor: Family and

Medical Leave Act

Jurisdiction: Federal Question

Plaintiff

Steven B. Barger represented by David A Zeitlin

Zeitlin & Zeitlin, P.C.

50 Court Street, Suite 506

Brooklyn, NY 11201

718-596-6815

Fax: 718-522-5644

Email: davidzeitlin@gmail.com

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Shawn Shearer

The Law Office of Shawn Shearer, P.C.

3839 Mckinney Avenue

#155-254

Dallas, TX 75204

214-434-1594

Fax: 214-434-1594

Email: shawn@shearerlaw.pro

LEAD ATTORNEY

PRO HAC VICE

ATTORNEY TO BE NOTICED

V.

Defendant

First Data Corporation represented by Gary B. Eidelman

Saul Ewing LLP

500 E Pratt Street

Baltimore, MD 21202

(410)332-8975

Fax: (410)332-8976

Email: gary.eidelman@saul.com

PRO HAC VICE

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ATTORNEY TO BE NOTICED

Gillian Ashley Cooper

Saul Ewing LLP

650 College Road East

Suite 4000

Princeton, NJ 08540

609-452-5021

Fax: 609-452-3103

Email: gcooper@saul.com

ATTORNEY TO BE NOTICED

Lindsey Conrad Kennedy

Saul Ewing Arnstein & Lehr LLP

One PPG Place, Suite 3010

Pittsburgh, PA 15222

412-209-2555

Fax: 412-209-2571

Email: lindsey.kennedy@saul.com

TERMINATED: 09/28/2018

ATTORNEY TO BE NOTICED

Defendant

Frank Bisignano represented by Gary B. Eidelman

(See above for address)

PRO HAC VICE

ATTORNEY TO BE NOTICED

Gillian Ashley Cooper

(See above for address)

ATTORNEY TO BE NOTICED

Lindsey Conrad Kennedy

(See above for address)

TERMINATED: 09/28/2018

ATTORNEY TO BE NOTICED

Defendant

Dan Charron represented by Gary B. Eidelman

(See above for address)

PRO HAC VICE

ATTORNEY TO BE NOTICED

Gillian Ashley Cooper

(See above for address)

ATTORNEY TO BE NOTICED

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Lindsey Conrad Kennedy

(See above for address)

TERMINATED: 09/28/2018

ATTORNEY TO BE NOTICED

Defendant

Anthony Marino represented by Gary B. Eidelman

(See above for address)

PRO HAC VICE

ATTORNEY TO BE NOTICED

Gillian Ashley Cooper

(See above for address)

ATTORNEY TO BE NOTICED

Lindsey Conrad Kennedy

(See above for address)

TERMINATED: 09/28/2018

ATTORNEY TO BE NOTICED

Defendant

Karen Whalen represented by Gary B. Eidelman

(See above for address)

PRO HAC VICE

ATTORNEY TO BE NOTICED

Gillian Ashley Cooper

(See above for address)

ATTORNEY TO BE NOTICED

Lindsey Conrad Kennedy

(See above for address)

TERMINATED: 09/28/2018

ATTORNEY TO BE NOTICED

Defendant

Lori Graesser

TERMINATED: 01/30/2018

represented by Gary B. Eidelman

(See above for address)

PRO HAC VICE

ATTORNEY TO BE NOTICED

Gillian Ashley Cooper

(See above for address)

ATTORNEY TO BE NOTICED

Defendant

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Rhonda Johnson represented by Gary B. Eidelman

(See above for address)

PRO HAC VICE

ATTORNEY TO BE NOTICED

Gillian Ashley Cooper

(See above for address)

ATTORNEY TO BE NOTICED

Lindsey Conrad Kennedy

(See above for address)

TERMINATED: 09/28/2018

ATTORNEY TO BE NOTICED

Date Filed # Docket Text

08/18/2017 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover

Sheet completed -yes,, filed by Steven B. Barger. (Attachments: # 1 Civil Cover Sheet, #

2 Exhibits) (Bowens, Priscilla) (Entered: 08/21/2017)

08/18/2017 FILING FEE: $ 400, receipt number 4653118511 (Bowens, Priscilla) (Entered:

08/21/2017)

08/18/2017 2 Summons Issued as to All Defendants. (Bowens, Priscilla) (Entered: 08/21/2017)

08/21/2017 3 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:

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. (Bowens, Priscilla)

(Entered: 08/21/2017)

08/25/2017 4 MOTION for Leave to Appear Pro Hac Vice of Shawn Eric Shearer Filing fee $ 150,

receipt number 0207-9783113. by Steven B. Barger. (Attachments: # 1 Affidavit In

Support of Pro Hac Vice, # 2 Exhibit AZ State Good Standing, # 3 Exhibit TX State

Good Standing, # 4 Exhibit AZ Federal Good Standing, # 5 Exhibit NDTX Federal

Good Standing) (Shearer, Shawn) (Entered: 08/25/2017)

08/28/2017 5 ORDER, granting 4 Notice of Motion to Admit Counsel Pro Hac Vice. The admitted

attorney Shawn E. Shearer, as attorney pro hac vice is permitted to argue or try this

case in whole or in part as counsel for Plaintiff Steven B. Barger. SO ORDERED by

Magistrate Judge Lois Bloom, on 8/28/2017. (Latka-Mucha, Wieslawa) (Entered:

08/29/2017)

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08/31/2017 6 NOTICE of Appearance by Gillian Ashley Cooper on behalf of Frank Bisignano, Dan

Charron, First Data Corporation, Lori Graesser, Rhonda Johnson, Anthony Marino,

Karen Whalen (aty to be noticed) (Cooper, Gillian) (Entered: 08/31/2017)

08/31/2017 7 MOTION for Leave to Appear Pro Hac Vice for Gary B. Eidelman, Esq. Filing fee $

150, receipt number 0207-9796907. by Frank Bisignano, Dan Charron, First Data

Corporation, Lori Graesser, Rhonda Johnson, Anthony Marino, Karen Whalen.

(Attachments: # 1 Affidavit of Gillian A. Cooper, Esq., # 2 Affidavit of Gary B.

Eidelman, Esq., # 3 Proposed Order, # 4 Certificate of Service) (Cooper, Gillian)

(Entered: 08/31/2017)

09/06/2017 8 MOTION for pre motion conference to Dismiss by Frank Bisignano, Dan Charron, First

Data Corporation, Lori Graesser, Rhonda Johnson, Anthony Marino, Karen Whalen.

(Attachments: # 1 Exhibit A) (Cooper, Gillian) (Entered: 09/06/2017)

09/11/2017 9 MOTION to Withdraw 7 MOTION for Leave to Appear Pro Hac Vice for Gary B.

Eidelman, Esq. Filing fee $ 150, receipt number 0207-9796907. by Frank Bisignano,

Dan Charron, First Data Corporation, Lori Graesser, Rhonda Johnson, Anthony Marino,

Karen Whalen. (Cooper, Gillian) (Entered: 09/11/2017)

09/11/2017 10 MOTION for Leave to Appear Pro Hac Vice for Gary B. Eidelman, Esq. Filing fee $

150, receipt number 0207-9818811. by Frank Bisignano, Dan Charron, First Data

Corporation, Lori Graesser, Rhonda Johnson, Anthony Marino, Karen Whalen.

(Attachments: # 1 Affidavit of Gary B. Eidelman, Esq., # 2 Exhibit A, # 3 Exhibit B, # 4

Certificate of Service) (Eidelman, Gary) (Entered: 09/11/2017)

09/11/2017 11 ENDORSED ORDER, granting Gary B. Eidelman, Esq.'s 7 Notice of Withdrawal of 9

Motion for Admission Pro Hac Vice, electronically filed on August 31, 2017. SO

ORDERED by Magistrate Judge Lois Bloom, on 9/11/2017. (Latka-Mucha, Wieslawa)

(Entered: 09/12/2017)

09/11/2017 12 ORDER, granting 10 Notice of Motion to Admit Counsel Pro Hac Vice. The admitted

attorney Gary B. Eidelman, as attorney pro hac vice is permitted to argue or try this

case in whole or in part as counsel for Defendants First Data Corporation, Frank

Bisignano, Dan Charron, Anthony Marino, Karen Whalen, Lori Graesser, and

Rhonda Johnson. SO ORDERED by Magistrate Judge Lois Bloom, on 9/11/2017.

(The attorney shall file a notice of appearance and ensure that s/he receives electronic

notification of activity in this case.) (Latka-Mucha, Wieslawa) (Entered: 09/12/2017)

09/12/2017 13 NOTICE of Appearance by Gary B. Eidelman on behalf of Frank Bisignano, Dan

Charron, First Data Corporation, Lori Graesser, Rhonda Johnson, Anthony Marino,

Karen Whalen (notification declined or already on case) (Eidelman, Gary) (Entered:

09/12/2017)

09/12/2017 14 RESPONSE to Motion re 8 MOTION for pre motion conference to Dismiss filed by

Steven B. Barger. (Shearer, Shawn) (Entered: 09/12/2017)

09/20/2017 15 ELECTRONIC ORDER: Defendant's letter application 8 dated 9/6/17 is GRANTED. A

pre motion conference is scheduled for October 4, 2017 @ 11AM. There will be no

formal notice mailed to counsel. Upon receipt of this email counsel shall confirm with

each other the date and time of this conference. If this date presents a conflict counsel

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shall first obtain the consent from all the parties to adjourn this conference and then file

a letter application. Ordered by Judge Frederic Block on 9/20/2017. (Innelli, Michael)

(Entered: 09/20/2017)

09/26/2017 SCHEDULING ORDER: The pre-motion conference scheduled for October 4, 2017 is

being adjourned by the Court to October 12, 2017 @ 11AM due to a conflict with the

Court's calendar. There will not be a formal notice mailed to counsel. Upon receipt of

this email counsel shall confirm with each other the new date and time of this

conference. Ordered by Judge Frederic Block on 9/26/2017. (Innelli, Michael) (Entered:

09/26/2017)

09/27/2017 16 Letter to the Honorable Judge Frederic Block, U.S.D.J. dated 09/27/2017 by Frank

Bisignano, Dan Charron, First Data Corporation, Lori Graesser, Rhonda Johnson,

Anthony Marino, Karen Whalen (Cooper, Gillian) (Entered: 09/27/2017)

09/27/2017 SCHEDULING ORDER: Defendant's letter application 16 dated 9/27/17, with the

consent of plaintiff's counsel is GRANTED. The pre-motion conference scheduled for

October 12, 2017 is adjourned to October 20, 2017 at 11:00 A.M. There will be no

formal notice mailed to counsel. Upon receipt of this email counsel shall confirm with

each other the new date and time of this conference. Ordered by Judge Frederic Block

on 9/27/2017. (Innelli, Michael) (Entered: 09/27/2017)

10/20/2017 Minute Entry for proceedings held before Judge Frederic Block: Shawn Shearer, Esq. &

David Zeitlin, Esq for the plaintiff and Gillian Cooper, Esq. & Gary Eidelman, Esq. for

the defendants, all present. Pre-motion conference held on 10/20/2017. Defendants

anticipated motion to dismiss or transfer to the SDNY were discussed. If the defendant

pursue thei rmotion then by October 27, 2017 counsel shall ECF file a letter with their

agreed upon briefing schedule. Counsel shall serve and ECF file their fully briefed

motion according to J. Blocks motion rules.(Court Reporter: Not Reported) (Innelli,

Michael) (Entered: 10/20/2017)

10/27/2017 17 Letter to the Honorable Frederic Block, U.S.D.J. dated 10-27-2017 by Frank Bisignano,

Dan Charron, First Data Corporation, Lori Graesser, Rhonda Johnson, Anthony Marino,

Karen Whalen (Eidelman, Gary) (Entered: 10/27/2017)

10/30/2017 SCHEDULING ORDER: The Court shall hold an initial conference on November 28,

2017 at 10:30 a.m. in Courtroom 11A South of the United States Courthouse, 225

Cadman Plaza East, Brooklyn, New York. The parties shall exchange their Rule 26(a)(1)

initial disclosures and file their Rule 26(f) Meeting Report with the Court by Noon on

November 27, 2017. Parties are advised that they must contact each other before making

any request for an adjournment to the Court. A request for an adjournment must be

received in writing at least forty-eight (48) hours before the scheduled conference.

Ordered by Magistrate Judge Lois Bloom on 10/30/2017. (Doody, Sara) (Entered:

10/30/2017)

11/20/2017 18 Corporate Disclosure Statement by First Data Corporation (Eidelman, Gary) (Entered:

11/20/2017)

11/20/2017 19 ANSWER to 1 Complaint by Frank Bisignano, Dan Charron, First Data Corporation,

Lori Graesser, Rhonda Johnson, Anthony Marino, Karen Whalen. (Eidelman, Gary)

(Entered: 11/20/2017)

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11/22/2017 20 REPORT of Rule 26(f) Planning Meeting (Eidelman, Gary) (Entered: 11/22/2017)

11/28/2017 Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Initial

Conference held on 11/28/2017. (FTR Log #10:46-11:34.) (Smith, Roberta) (Entered:

11/28/2017)

11/29/2017 21 MOTION for Protective Order Regarding Confidentiality of Discovery Material by

Frank Bisignano, Dan Charron, First Data Corporation, Lori Graesser, Rhonda Johnson,

Anthony Marino, Karen Whalen. (Eidelman, Gary) (Entered: 11/29/2017)

11/29/2017 22 MOTION for Discovery Protocol Regarding Discovery of Electronically Stored

Information by Frank Bisignano, Dan Charron, First Data Corporation, Lori Graesser,

Rhonda Johnson, Anthony Marino, Karen Whalen. (Eidelman, Gary) (Entered:

11/29/2017)

11/29/2017 SCHEDULING ORDER: The Court shall hold a telephone conference in this matter on

November 30, 2017 at 2:00 p.m. After establishing contact with plaintiff's counsel,

defendants' counsel shall telephone the Court at 718-613-2170. Ordered by Magistrate

Judge Lois Bloom on 11/29/2017. (Smith, Roberta) (Entered: 11/29/2017)

11/30/2017 Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Telephone

Conference held on 11/30/2017. (FTR Log #2:03-2:15.) (Smith, Roberta) (Entered:

11/30/2017)

11/30/2017 SCHEDULING ORDER: The Court held the initial conference in this matter on

November 28, 2017 and a follow-up telephone conference on November 30, 2017. The

Court shall hold a settlement conference on January 18, 2018 at 11:00 a.m. in Courtroom

11A South. Plaintiff is directed to attend the conference with his counsel. Defendants'

counsel shall have someone with full settlement authority preferably in court, but if that

is not possible, available by telephone throughout the conference. Settlement

conferences are most productive if the parties have made good faith efforts to settle the

case prior to the conference. Accordingly, the parties shall engage in at least two

substantive discussions regarding settlement before the settlement conference. The

parties shall fax their confidential settlement statements setting forth the legal and

factual basis for their settlement positions and their most recent best faith demands and

offers to the Court at 718-613-2175 by January 11, 2018. Plaintiff is directed to resolve

his pending EEOC charges by December 29, 2017 and to execute any releases that will

be needed by December 29, 2017. Discovery is otherwise stayed until the January 18

settlement conference. Ordered by Magistrate Judge Lois Bloom on 11/30/2017. (Smith,

Roberta) (Entered: 11/30/2017)

11/30/2017 23 STIPULATION AND ORDER REGARDING CONFIDENTIALITY OF DISCOVERY

MATERIAL, granting 21 Motion for Protective Order. Pursuant to the stipulation of

the parties, it is SO ORDERED by Magistrate Judge Lois Bloom, on 11/30/2017.

(Latka-Mucha, Wieslawa) (Entered: 12/01/2017)

11/30/2017 24 STIPULATION AND ORDER / AGREED PROTOCOL REGARDING DISCOVERY

OF ELECTRONICALLY STORED INFORMATION, granting 22 Motion for

Discovery. Pursuant to the agreement of the parties, it is SO ORDERED by

Magistrate Judge Lois Bloom, on 11/30/2017. (Latka-Mucha, Wieslawa) (Entered:

12/01/2017)

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12/08/2017 25 Letter to the Honorable Judge Frederic Block, U.S.D.J. dated December 8, 2017 by

Steven B. Barger (Shearer, Shawn) (Entered: 12/08/2017)

12/14/2017 26 Letter in Response to Pre-Motion Conference request re: Docket No. 25 by Frank

Bisignano, Dan Charron, First Data Corporation, Anthony Marino (Eidelman, Gary)

(Entered: 12/14/2017)

12/28/2017 27 SCHEDULING ORDER: Plaintiff's letter application 25 dated 12/8/17 is GRANTED. A

pre motion conference is scheduled on January 26, 2018 @ 11AM. There will be no

formal notice mailed to counsel. Upon receipt of this email counsel shall confirm with

each other the date and time of this conference. If this date presents a conflict counsel

shall first obtain the consent from all the parties to adjourn this conference and then file

a letter application. Ordered by Judge Frederic Block on 12/28/17. (Innelli, Michael)

(Entered: 12/28/2017)

01/18/2018 Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Settlement

Conference held on 1/18/2018. (FTR Log #10:56-11:09; 3:33-3:49.) (Smith, Roberta)

(Entered: 01/18/2018)

01/18/2018 SCHEDULING ORDER: The Court held a settlement conference in this matter on

January 18, 2018. The parties were unable to reach a settlement. Accordingly, the Court

set the following schedule. As discussed on the record, any amended pleading shall be

filed by February 12, 2018. Fed. R. Civ. P. 16(b)(3)(A). The parties shall complete all

fact discovery by August 31, 2018. Expert discovery shall be completed by September

28, 2018. Upon the completion of discovery, any party who intends to file a motion for

summary judgment shall write to Judge Block by October 12, 2018 to request a premotion conference in accordance with his individual rules. The Court shall hold a

telephone conference in this matter on February 14, 2018 at 9:30 a.m. After establishing

contact with plaintiff's counsel, defendants' counsel shall telephone the Court at

718-613-2170. The parties are strongly encouraged to continue discussing settlement.

Ordered by Magistrate Judge Lois Bloom on 1/18/2018. (Smith, Roberta) (Entered:

01/18/2018)

01/26/2018 Minute Entry for proceedings held before Judge Frederic Block: Shawn Shearer, Esq. &

David Zeitlin, Esq. for the plaintiff and Gary Eidelman, Esq. & Gillian Cooper, Esq. for

the defendants, all present. Pre-motion conference held on 1/26/2018. Plaintiffs

anticipated motion for summary judgment was discussed. The parties have the option of

either completing discovery and then renewing any applications to make a motion or by

February 2, 2018 counsel shall ECF file a letter with their agreed upon briefing

schedule. Counsel shall serve and ECF file their fully briefed motion according to J.

Blocks motion rules.(Court Reporter: Not Reported) (Innelli, Michael) (Entered:

01/26/2018)

01/30/2018 28 STIPULATION of Dismissal of Defendant Lori Graesser by Steven B. Barger (Shearer,

Shawn) (Entered: 01/30/2018)

01/30/2018 ELECTRONIC Order Dismissing: Defendant Lori Graesser, only. See entry 28 .

Ordered by Judge Frederic Block on 1/30/2018. (Innelli, Michael) (Entered: 01/30/2018)

02/02/2018 29 Letter to the Honorable Judge Frederic Block, U.S.D.J. dated February 2, 2018 re: Rule

12(c) Motion Briefing Schedule by Steven B. Barger (Shearer, Shawn) (Entered:

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02/02/2018)

02/06/2018 30 Letter Revised Rule 12(c) Motion Briefing Schedule by Steven B. Barger (Shearer,

Shawn) (Entered: 02/06/2018)

02/07/2018 SCHEDULING ORDER: Plaintiff's letter 30 dated 2/6/18 over the objection of the

defendant is GRANTED. By February 27, 2018 the parties shall serve and file their fully

briefed motion to dismiss. Counsel shall serve and ECF file their fully briefed motion

according to J. Blocks motion rules. Ordered by Judge Frederic Block on 2/7/2018.

(Innelli, Michael) (Entered: 02/07/2018)

02/12/2018 31 MOTION for Leave to File First Supplemental Complaint by Steven B. Barger.

(Shearer, Shawn) (Entered: 02/12/2018)

02/12/2018 36 Letter dtd. February 6, 2018 from counsel for pltff, Shawn E. Shearer to Gary and

Gillian, counsels for deft, now enclosing a revised motion in compliance with Local

Rule 11.1. (w/o encl.). (Layne, Monique) (Entered: 02/15/2018)

02/13/2018 32 Letter to the Honorable Lois Bloom, U.S.M.J. dated 02/13/2018 by Frank Bisignano,

Dan Charron, First Data Corporation, Lori Graesser, Rhonda Johnson, Anthony Marino,

Karen Whalen (Attachments: # 1 Exhibit 1) (Eidelman, Gary) (Entered: 02/13/2018)

02/13/2018 33 Letter Status Conference and Motion for Leave to File Supplemental Complaint by

Steven B. Barger (Shearer, Shawn) (Entered: 02/13/2018)

02/14/2018 34 Supplemental COMPLAINT , filed by Steven B. Barger. (Shearer, Shawn) (Entered:

02/14/2018)

02/14/2018 35 Supplemental COMPLAINT Exhibit A -Right to Sue Letter, filed by Steven B. Barger.

(Attachments: # 1 Exhibit Right to Sue Letter) (Shearer, Shawn) (Entered: 02/14/2018)

02/14/2018 Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Telephone

Conference held on 2/14/2018. (FTR Log #9:31-9:50.) (Smith, Roberta) (Entered:

02/14/2018)

02/14/2018 ORDER: The Court held a telephone conference in this matter on February 14, 2018. As

discussed on the record, plaintiff's motion for leave to file a Supplemental Complaint

(ECF No. 31) is granted and plaintiff shall file his "Supplemental Complaint" today.

Defendants shall respond to the Supplemental Complaint by March 7, 2018. All other

deadlines remain in place and the parties shall file their fully briefed motion by February

27, 2018, in accordance with Judge Block's motion rules, as previously scheduled.

Ordered by Magistrate Judge Lois Bloom on 2/14/2018. (Smith, Roberta) (Entered:

02/14/2018)

02/27/2018 37 Fully Briefed MOTION for Judgment on the Pleadings by Steven B. Barger.

(Attachments: # 1 Memorandum in Opposition w/ Exhibits, # 2 Memorandum in

Support w/ Exhibits) (Shearer, Shawn) (Entered: 02/27/2018)

03/06/2018 38 MOTION for Protective Order by Frank Bisignano, Dan Charron, First Data

Corporation, Rhonda Johnson, Anthony Marino, Karen Whalen. (Attachments: # 1

Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Proposed Order

Proposed Order) (Eidelman, Gary) (Entered: 03/06/2018)

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03/06/2018 39 REPLY in Opposition re 38 MOTION for Protective Order Opposition filed by Steven

B. Barger. (Shearer, Shawn) (Entered: 03/06/2018)

03/07/2018 ORDER granting 38 Motion for Protective Order: The Court has considered plaintiff

and defendants' letters dated March 6, 2018 (ECF Nos. 38, 39). Defendants' motion for a

protective order is granted. Plaintiff shall not serve a subpoena on the daycare center

used by First Data employee Jennifer Voycheske to care for her child. Plaintiff may

depose Ms. Voycheske, a Manager of Human Resources Operations for First Data, on

March 14, 2018 and inquire about the information he seeks. However, this subpoena is

over the line and an inappropriate use of Fed. R. Civ. P. 45. The Court does not condone

such an unnecessary and invasive tactic. Ordered by Magistrate Judge Lois Bloom on

3/7/2018. (Smith, Roberta) (Entered: 03/07/2018)

03/07/2018 40 ANSWER to 34 Supplemental Complaint by First Data Corporation. (Eidelman, Gary)

(Entered: 03/07/2018)

03/07/2018 41 MOTION for Discovery Motion for Clarification of Protective Order by Steven B.

Barger. (Shearer, Shawn) (Entered: 03/07/2018)

03/12/2018 ORDER: As there is no basis for plaintiff's motion under Fed. R. Civ. P. 60, plaintiff's

motion (ECF No. 41) is denied. See Meilleur v. Strong, 682 F.3d 56, 64 (2d Cir. 2012)

(reviewing denial of 60(b) motion for abuse of discretion and identifying none); Shrader

v. CSX Transp., Inc., 70 F.3d 255, 257 (2d Cir. 1995) ("standard for granting such a

motion is strict, and reconsideration will generally be denied"). Ordered by Magistrate

Judge Lois Bloom on 3/12/2018. (Smith, Roberta) (Entered: 03/12/2018)

04/27/2018 42 NOTICE of Appearance by Lindsey Conrad Kennedy on behalf of Frank Bisignano,

Dan Charron, First Data Corporation, Rhonda Johnson, Anthony Marino, Karen Whalen

(aty to be noticed) (Kennedy, Lindsey) (Entered: 04/27/2018)

05/10/2018 43 MOTION for Protective Order by First Data Corporation. (Attachments: # 1 Exhibit 1, #

2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6) (Eidelman, Gary)

(Entered: 05/10/2018)

05/11/2018 44 RESPONSE to Motion re 43 MOTION for Protective Order filed by Steven B. Barger.

(Attachments: # 1 Exhibit 05/10/18 Letter to Defense Counsel, # 2 Exhibit Discovery

e-mails & Out of Office Notices) (Shearer, Shawn) (Entered: 05/11/2018)

05/11/2018 ORDER: By letter dated May 10, 2018 (ECF No. 43), Defendant First Data seeks a

protective order regarding topics designated in plaintiff's Revised 30(b)(6) Notice.

Defendant also requests oral argument. Plaintiff has filed his response. (ECF No. 44.)

This is the second time the parties have been unable to resolve a discovery dispute and

defendant has had to seek a protective order. The parties are hereby directed to meet and

confer to attempt to resolve this and any other issue themselves. The Court does not

want to be put into the position of repeating itself that a party is being unreasonable. Be

that as it may, the Court shall hold a telephone conference on May 18, 2018 at 10:30

a.m. to address this matter. After establishing contact with plaintiff's counsel, defendant's

counsel shall telephone the Court at (718) 613-2170. Parties are advised that they must

contact each other before making any request for an adjournment to the Court. A request

for an adjournment must be received in writing at least forty-eight (48) hours before the

scheduled conference. If the parties notify the Court by May 15 that they have resolved

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this matter, the Court shall cancel the May 18 telephone conference. The parties are

reminded that, pursuant to my individual rules, if a party's submission exceeds 25 pages,

courtesy copies shall be delivered to chambers within 24-hours of electronic filing.

Ordered by Magistrate Judge Lois Bloom on 5/11/2018. (Smith, Roberta) (Entered:

05/11/2018)

05/14/2018 45 MOTION to Adjourn Conference /Hearing Scheduled for May 18, 2018 by Steven B.

Barger. (Shearer, Shawn) (Entered: 05/14/2018)

05/14/2018 ORDER: By letter dated May 14, 2018 (ECF No. 45), plaintiff's counsel writes seeking

to cancel the May 18, 2018 telephone conference because the Notice of 30(b)(6)

Deposition of First Data scheduled for June 13, 2018 has been withdrawn. This request

is granted. The Court cancels the May 18, 2018 telephone conference and Defendant

First Data's motion for a protective order (ECF No. 43) is denied as moot. Ordered by

Magistrate Judge Lois Bloom on 5/14/2018. (Smith, Roberta) (Entered: 05/14/2018)

06/11/2018 46 MOTION to Compel 30(b)(6) Designation and Depositions by Steven B. Barger.

(Attachments: # 1 Exhibit Rule 30(b)(6) Notice, # 2 Exhibit Notice of Deposition

(Voycheske)) (Shearer, Shawn) (Entered: 06/11/2018)

06/11/2018 47 MEMORANDUM in Opposition re 46 MOTION to Compel 30(b)(6) Designation and

Depositions filed by First Data Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B,

# 3 Exhibit C) (Kennedy, Lindsey) (Entered: 06/11/2018)

06/11/2018 48 Amended MOTION to Compel 30(b)(6) Designation and Depositions by Steven B.

Barger. (Attachments: # 1 Exhibit 30(b)(6) Notice, # 2 Exhibit Notice of Deposition

(Voycheske)) (Shearer, Shawn) (Entered: 06/11/2018)

06/11/2018 49 Amended MOTION to Amend/Correct/Supplement 46 MOTION to Compel 30(b)(6)

Designation and Depositions [See ECF No. 48] by Steven B. Barger. (Shearer, Shawn)

(Entered: 06/11/2018)

06/12/2018 50 REPLY in Support re 46 MOTION to Compel 30(b)(6) Designation and Depositions, 48

Amended MOTION to Compel 30(b)(6) Designation and Depositions, 49 Amended

MOTION to Amend/Correct/Supplement 46 MOTION to Compel 30(b)(6) Designation

and Depositions [See ECF No. 48] filed by Steven B. Barger. (Attachments: # 1 Exhibit

Calendar of Discovery Delays, # 2 Exhibit May 22 E-mail Re; June 7th and 8th Dates, #

3 Exhibit May 22 Letter Service 30(b)(6) Notice) (Shearer, Shawn) (Entered:

06/12/2018)

06/12/2018 ORDER: By letter dated June 11, 2018 (ECF Nos. 46, 48, 49), plaintiff moves to compel

30(b)(6) depositions. Defendant First Data has opposed (ECF No. 47) and plaintiff has

replied (ECF No. 50). The Court shall hold a telephone conference this afternoon, June

12, 2018, at 3:30 p.m. to address this matter. After establishing contact with defendants'

counsel, plaintiff's counsel shall telephone the Court at (718) 613-2170. Ordered by

Magistrate Judge Lois Bloom on 6/12/2018. (Smith, Roberta) (Entered: 06/12/2018)

06/12/2018 Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Telephone

Conference held on 6/12/2018. (FTR Log #3:39-4:19.) (Smith, Roberta) (Entered:

06/12/2018)

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06/12/2018 ORDER: The Court held a telephone conference in this matter on June 12, 2018. As

discussed on the record, the Court denied plaintiff's motion to compel (ECF Nos. 46, 48,

49). The Court also denied plaintiff's request for sanctions. The Court directs the parties

to meet and confer to resolve their scheduling issues. Ordered by Magistrate Judge Lois

Bloom on 6/12/2018. (Smith, Roberta) (Entered: 06/12/2018)

07/16/2018 51 AFFIDAVIT/DECLARATION in Opposition re 37 Fully Briefed MOTION for

Judgment on the Pleadings - Supplemental Declaration of Jennifer Voycheske filed by

Frank Bisignano, Dan Charron, First Data Corporation, Anthony Marino. (Attachments:

# 1 Exhibit 6, # 2 Exhibit 7) (Kennedy, Lindsey) (Entered: 07/16/2018)

07/23/2018 52 Letter re: Request for Pre-Motion Conference by Steven B. Barger (Shearer, Shawn)

(Entered: 07/23/2018)

07/23/2018 53 MEMORANDUM and ORDER: Bargers motion 37 is denied. Defendants move

pursuant to Federal Rule of Civil Procedure 11 for a hearing as to why they should not

be awarded attorneys fees and costs on the basis that Bargers motion was filed for an

improper purpose. The Court denies this motion for now but cautions Barger to consider

the merits of any future motion before filing. See Memorandum and Order for details.

Ordered by Judge Frederic Block on 7/23/2018. (Innelli, Michael) (Entered: 07/23/2018)

07/23/2018 ELECTRONIC ORDER: Plaintiff's letter application 52 requesting a pre-motion

conference is DENIED as moot, based upon the Court's Memorandum and Order 53

dated July 23, 2018. See Memorandum and Order for details. Ordered by Judge Frederic

Block on 7/23/2018. (Innelli, Michael) (Entered: 07/23/2018)

08/15/2018 54 MOTION for Extension of Time to Complete Discovery by Frank Bisignano, Dan

Charron, First Data Corporation, Lori Graesser, Rhonda Johnson, Anthony Marino,

Karen Whalen. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit

D) (Eidelman, Gary) (Entered: 08/15/2018)

08/17/2018 ORDER granting 54 Motion for Extension of Time to Complete Discovery: Defendants

write to request an extension of time to complete fact discovery. ECF No. 54. This is the

first request for an extension of time to complete discovery; however, plaintiff does not

consent. Nevertheless, as the requested extension will not affect any other deadlines set

by the Court, I find defendants' request reasonable. The request is granted. The parties

shall complete all fact and expert discovery by September 28, 2018. As a reminder, upon

the completion of discovery, any party who intends to file a motion for summary

judgment shall write to Judge Block by October 12, 2018, to request a pre-motion

conference in accordance with his individual rules. Ordered by Magistrate Judge Lois

Bloom on 8/17/2018. (Doody, Sara) (Entered: 08/17/2018)

08/22/2018 55 Second MOTION to Compel 30(b)(6) Designation and Deposition by Steven B. Barger.

(Attachments: # 1 Exhibit May 2018 30(b)(6) Notice of Deposition, # 2 Exhibit Failure

to Appear Transcript, # 3 Exhibit July 2018 30(b)(6) Notice of Deposition, # 4 Exhibit

Communications re: 30(b)(6) Depositions, # 5 Exhibit Defense Discovery Delays, # 6

Exhibit Supplemental Interrogatory Answer) (Shearer, Shawn) (Entered: 08/22/2018)

08/22/2018 56 MOTION to Compel Deposition of Jackson by Steven B. Barger. (Attachments: # 1

Exhibit Notice of Deposition on July 3, 2018, # 2 Exhibit Transcript of Failure to

Appear, # 3 Exhibit Defendant Charron Deposition Transcript, # 4 Exhibit Defendant

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Bisignano Deposition Transcripts, # 5 Exhibit King Deposition and Press Release, # 6

Exhibit Defendant's Objection to RFP, # 7 Exhibit Defendant's Objection to

Interrogatory) (Shearer, Shawn) (Entered: 08/22/2018)

08/24/2018 57 MEMORANDUM in Opposition re 56 MOTION to Compel Deposition of Jackson filed

by Frank Bisignano, Dan Charron, First Data Corporation, Lori Graesser, Rhonda

Johnson, Anthony Marino, Karen Whalen. (Attachments: # 1 Exhibit A, # 2 Exhibit B, #

3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (Eidelman, Gary) (Entered:

08/24/2018)

08/24/2018 58 MEMORANDUM in Opposition re 55 Second MOTION to Compel 30(b)(6)

Designation and Deposition filed by Frank Bisignano, Dan Charron, First Data

Corporation, Lori Graesser, Rhonda Johnson, Anthony Marino, Karen Whalen.

(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E,

# 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H) (Eidelman, Gary) (Entered: 08/24/2018)

08/27/2018 SCHEDULING ORDER: By letters dated August 22, 2018 (ECF Nos. 55, 56), plaintiff's

counsel moves to compel. Defendants have responded. (ECF Nos. 57, 58.) The Court

shall hold a status conference on September 4, 2018 at 2:00 p.m. in Courtroom 11A

South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York.

Parties are advised that they must contact each other before making any request for an

adjournment to the Court. A request for an adjournment must be received in writing at

least forty-eight (48) hours before the scheduled conference. Ordered by Magistrate

Judge Lois Bloom on 8/27/2018. (Smith, Roberta) (Entered: 08/27/2018)

08/29/2018 59 MOTION to Compel Production of Documents by Steven B. Barger. (Attachments: # 1

Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, #

5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H)

(Shearer, Shawn) (Entered: 08/29/2018)

08/31/2018 60 MOTION to Compel Admissions re Jackson by Steven B. Barger. (Shearer, Shawn)

(Entered: 08/31/2018)

09/04/2018 61 MEMORANDUM in Opposition re 60 MOTION to Compel Admissions re Jackson, 59

MOTION to Compel Production of Documents filed by Frank Bisignano, Dan Charron,

First Data Corporation, Rhonda Johnson, Anthony Marino, Karen Whalen. (Eidelman,

Gary) (Entered: 09/04/2018)

09/04/2018 Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Discovery

Conference held on 9/4/2018. (FTR Log #2:10-3:21.) (Smith, Roberta) (Entered:

09/04/2018)

09/04/2018 ORDER: The Court held a discovery conference in this matter on September 4, 2018. As

discussed on the record, plaintiff's motion to compel admissions regarding E.J. Jackson

(ECF No. 60) is granted. Plaintiff's remaining motions to compel (ECF Nos. 55, 56, 59)

are denied. The parties shall complete all fact and expert discovery by September 28,

2018. Upon the completion of discovery, any party who intends to file a motion for

summary judgment shall write to Judge Block by October 12, 2018 to request a premotion conference in accordance with his individual rules. Ordered by Magistrate Judge

Lois Bloom on 9/4/2018. (Smith, Roberta) (Entered: 09/04/2018)

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09/11/2018 62 TRANSCRIPT of Proceedings held on September 4, 2018, before Judge Bloom. Court

Reporter/Transcriber Fiore Reporting and Transcription Service, Inc., Telephone number

203-929-9992. Email address: cmfiore@sbcglobal.net. Transcript may be viewed at the

court public terminal or purchased through the Court Reporter/Transcriber before the

deadline for Release of Transcript Restriction. After that date it may be obtained through

PACER.File redaction request using event "Redaction Request - Transcript" located

under "Other Filings - Other Documents". Redaction Request due 10/2/2018. Redacted

Transcript Deadline set for 10/12/2018. Release of Transcript Restriction set for

12/10/2018. (Hong, Loan) (Entered: 09/11/2018)

09/12/2018 63 MOTION for Protective Order Regarding Stipulation of Confidentiality of Non-Party

Discovery Material by Steven B. Barger. (Shearer, Shawn) (Entered: 09/12/2018)

09/13/2018 64 MOTION for Discovery Rule 72(a) Objection to Denial of Motion to Compel 30(b)(6)

Designations and Depositions [ECF No. 55] by Steven B. Barger. (Attachments: # 1

Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, #

5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H,

# 9 Exhibit Exhibit I, # 10 Exhibit Exhibit J, # 11 Exhibit Exhibit K, # 12 Exhibit

Exhibit L) (Shearer, Shawn) (Entered: 09/13/2018)

09/13/2018 65 STIPULATION AND ORDER REGARDING THE EFFECT OF THE STIPULATED

CONFIDENTIALITY OFDISCOVERY MATERIAL ORDER ON NON-PARTY

DISCOVERY, granting parties' 63 Motion. SO ORDERED by Magistrate Judge Lois

Bloom, on 9/13/2018. (See document for details.) (Latka-Mucha, Wieslawa) (Entered:

09/14/2018)

09/14/2018 66 MOTION to Expedite Plaintiff's 72(a) Objection [ECF 64] by Steven B. Barger.

(Attachments: # 1 Proposed Order) (Shearer, Shawn) (Entered: 09/14/2018)

09/17/2018 67 Letter from Gary B. Eidelman, Esq. to the Honorable Lois Bloom, U.S.M.J. dated

09-17-2018 by Frank Bisignano, Dan Charron, First Data Corporation, Lori Graesser,

Rhonda Johnson, Anthony Marino, Karen Whalen (Eidelman, Gary) (Entered:

09/17/2018)

09/17/2018 68 RESPONSE in Opposition re 66 MOTION to Expedite Plaintiff's 72(a) Objection [ECF

64] filed by Frank Bisignano, Dan Charron, First Data Corporation, Rhonda Johnson,

Anthony Marino, Karen Whalen. (Eidelman, Gary) (Entered: 09/17/2018)

09/18/2018 69 REPLY in Support re 66 MOTION to Expedite Plaintiff's 72(a) Objection [ECF 64], 68

Response in Opposition to Motion filed by Steven B. Barger. (Attachments: # 1 Exhibit

A) (Shearer, Shawn) (Entered: 09/18/2018)

09/18/2018 ELECTRONIC ORDER: The Court denies Steven B. Bargers (Plaintiff) Motion 66 to

Expedite/Shorten Time for the completion of briefing and hearing on Plaintiffs Rule

72(a) Objection to Order Re: Denial of Motion to Rule Compel 30(b)(6) Designations

and Depositions. If the Court ultimately sustains Plaintiffs Rule 72(a) objection, it will

also allow for additional time during which the parties can complete discovery. Ordered

by Judge Frederic Block on 9/18/2018. (Innelli, Michael) (Entered: 09/18/2018)

09/18/2018 ORDER: Defendants write to request an extension of the discovery deadline in this

matter for the limited purpose of completing non-party depositions. (ECF No. 67.) In

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light of the motions regarding the non-party discovery now pending in other

jurisdictions, the request is granted. The Court stays the September 28, 2018 discovery

deadline which was set for the limited purpose of completing the non-party depositions.

As previously scheduled, any party who intends to file a motion for summary judgment

shall write to Judge Block by October 12, 2018, to request a pre-motion conference in

accordance with his individual rules. The parties shall also file a letter by October 12,

2018 regarding the status of the non-party depositions. Ordered by Magistrate Judge

Lois Bloom on 9/18/2018. (Smith, Roberta) (Entered: 09/18/2018)

09/27/2018 70 MEMORANDUM in Opposition re 64 MOTION for Discovery Rule 72(a) Objection to

Denial of Motion to Compel 30(b)(6) Designations and Depositions [ECF No. 55] filed

by Frank Bisignano, Dan Charron, First Data Corporation, Lori Graesser, Rhonda

Johnson, Anthony Marino, Karen Whalen. (Eidelman, Gary) (Entered: 09/27/2018)

09/27/2018 71 AFFIDAVIT/DECLARATION in Opposition re 64 MOTION for Discovery Rule 72(a)

Objection to Denial of Motion to Compel 30(b)(6) Designations and Depositions [ECF

No. 55] filed by Frank Bisignano, Dan Charron, First Data Corporation, Lori Graesser,

Rhonda Johnson, Anthony Marino, Karen Whalen. (Eidelman, Gary) (Entered:

09/27/2018)

09/27/2018 72 MOTION to Withdraw as Attorney Lindsey C. Kennedy, Esq. by Frank Bisignano, Dan

Charron, First Data Corporation, Lori Graesser, Rhonda Johnson, Anthony Marino,

Karen Whalen. (Attachments: # 1 Declaration Declaration of Lindsey C. Kennedy, Esq.

in Support of Withdrawal as Attorney of Record, # 2 Proposed Order Proposed Order, #

3 Certificate of Service Certificate of Service) (Kennedy, Lindsey) (Entered:

09/27/2018)

09/28/2018 73 ORDER, granting 72 Motion to Withdraw as Attorney. It is hereby ORDERED that the

Motion is GRANTED and that Lindsey C. Kennedy is hereby terminated as attorney of

record for Defendants in this matter. SO ORDERED by Magistrate Judge Lois Bloom,

on 9/28/2018. (Attorney Lindsey Conrad Kennedy, Esq. - terminated.) (Latka-Mucha,

Wieslawa) (Entered: 09/28/2018)

10/03/2018 74 REPLY in Support re 70 Memorandum in Opposition, 64 MOTION for Discovery Rule

72(a) Objection to Denial of Motion to Compel 30(b)(6) Designations and Depositions

[ECF No. 55] filed by Steven B. Barger. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3

Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9

Exhibit I, # 10 Exhibit J) (Shearer, Shawn) (Entered: 10/04/2018)

10/04/2018 75 REPLY in Support re 64 MOTION for Discovery Rule 72(a) Objection to Denial of

Motion to Compel 30(b)(6) Designations and Depositions [ECF No. 55], 70

Memorandum in Opposition, 74 Reply in Support, NOTICE OF ERRATA filed by

Steven B. Barger. (Shearer, Shawn) (Entered: 10/04/2018)

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