Nicosia v. Amazon.com, Inc.
Plaintiff: Dean Nicosia
Defendant: Amazon.com, Inc.
Case Number: 1:2014cv04513
Filed: July 28, 2014
Court: US District Court for the Eastern District of New York
Office: Brooklyn Office
Presiding Judge: Lois Bloom
Referring Judge: I Leo Glasser
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1331 Fed. Question
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on March 2, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 2, 2022 Opinion or Order Filing 194 ORDER OF WITHDRAWAL OF ATTORNEY, granting #192 Motion to Withdraw as Attorney. Attorney Paula R. Brown terminated. Ordered by Judge I. Leo Glasser on 3/1/2022. (Layne, Monique). Modified to update attorney's name 3/2/2022.
March 1, 2022 Opinion or Order Filing 193 ENDORSED ORDER: granting #191 Motion to Withdraw as Attorney of record for plaintiff in Dean Nicosia v. Amazon.com, Inc,. Attorney Timothy G. Blood terminated. Ordered by Judge I. Leo Glasser on 3/1/2022. (Layne, Monique) (Main Document 193 replaced on 3/2/2022) (Layne, Monique).
February 25, 2022 Opinion or Order Filing 192 MOTION to Withdraw as Attorney by Dean Nicosia. (Attachments: #1 Declaration of Paula R. Brown, #2 (Proposed) Order) (Roach, Paula)
February 25, 2022 Opinion or Order Filing 191 MOTION to Withdraw as Attorney by Dean Nicosia. (Attachments: #1 Declaration of Timothy G. Blood, #2 (Proposed) Order) (Blood, Timothy)
February 22, 2022 Opinion or Order ORDER: Attorney Matthew Cooper's motion to withdraw as counsel for defendant, ECF No. 190, is hereby granted. Attorney Jawad Muaddi shall remain as counsel of record for defendant in this matter. Ordered by Magistrate Judge Lois Bloom on 2/22/2022. (Wilhelm, Samantha)
February 18, 2022 Opinion or Order Filing 190 Notice of MOTION to Withdraw as Attorney by Amazon.com, Inc.. (Attachments: #1 Declaration of Matthew E. Cooper in Support of Motion to Withdraw as Counsel, #2 Proposed Order) (Cooper, Matthew)
February 18, 2022 Opinion or Order Filing 189 NOTICE of Appearance by Jawad B. Muaddi on behalf of Amazon.com, Inc. (aty to be noticed) (Muaddi, Jawad)
October 19, 2021 Opinion or Order Filing 188 NOTICE OF APPEAL by Dean Nicosia. Filing fee $ 505, receipt number ANYEDC-14945945. (Tusa, Joseph)
October 19, 2021 Opinion or Order Electronic Index to Record on Appeal sent to US Court of Appeals. #188 Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (Jones, Vasean)
September 30, 2021 Opinion or Order Filing 187 MEMORANDUM AND OPINION, The Court's prior order does not have the prospective application required under Second Circuit precedent to permit relief under Rule 60(b)(5), and, even if it did, equity does not require the Court to permit Plaintiff to have yet another bite at the apple. Plaintiff's #174 Motion to Alter Judgment is therefore DENIED. Ordered by Judge I. Leo Glasser on 9/28/2021. (Layne, Monique)
September 10, 2021 Opinion or Order Filing 186 REPLY in Support re #174 MOTION to Alter Judgment Pursuant to Fed. R. Civ. P. 60(b)(5) filed by Dean Nicosia. (Attachments: #1 Reply Declaration of Joseph S. Tusa, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Letter to Honorable I. Leo Glasser) (Tusa, Joseph)
August 20, 2021 Opinion or Order Filing 185 ORDER granting #184 Motion to Withdraw as Attorney. Attorney Regina Schaffer-Goldman terminated. Ordered by Judge I. Leo Glasser on 8/20/2021. (Kessler, Stanley)
August 20, 2021 Opinion or Order Filing 184 MOTION to Withdraw as Attorney by Amazon.com, Inc.. (Attachments: #1 Declaration of Regina Schaffer-Goldman in Support of Motion to Withdraw as Counsel, #2 Proposed Order) (Schaffer-Goldman, Regina)
August 12, 2021 Opinion or Order Filing 183 EXHIBIT by Amazon.com, Inc.. (Parks, Gregory)
August 9, 2021 Opinion or Order Filing 182 ORDER, Defendant Amazon.com, Inc. has filed a motion [DE 181] for leave to file, under seal, Exhibit A to the Declaration of Gregory T. Parks, submitted with its Response in Opposition to Plaintiff's Rule 60 Motion for Relief from the Judgment. Plaintiff does not oppose the application. The application is granted for the reasons stated. Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. So Ordered by Judge I. Leo Glasser on 8/6/2021. (Lee, Tiffeny)
August 3, 2021 Opinion or Order Filing 181 Letter MOTION for Leave to Electronically File Document under Seal by Amazon.com, Inc.. (Attachments: #1 Exhibit A - Arbitration Award) (Parks, Gregory)
August 3, 2021 Opinion or Order Filing 180 AFFIDAVIT/DECLARATION in Opposition re #174 MOTION to Alter Judgment Pursuant to Fed. R. Civ. P. 60(b)(5) filed by Amazon.com, Inc.. (Attachments: #1 Exhibit A - Placeholder For Arbitration Award To Be Filed Under Seal) (Parks, Gregory)
August 3, 2021 Opinion or Order Filing 179 RESPONSE in Opposition re #174 MOTION to Alter Judgment Pursuant to Fed. R. Civ. P. 60(b)(5) filed by Amazon.com, Inc.. (Parks, Gregory)
August 2, 2021 Opinion or Order Filing 178 NOTICE of Appearance by Matthew Cooper on behalf of Amazon.com, Inc. (aty to be noticed) (Cooper, Matthew)
July 2, 2021 Opinion or Order Filing 177 ORDER granting #176 Motion for Extension of Time to File and approving the proposed revised motion briefing schedule. Ordered by Judge I. Leo Glasser on 7/2/2021. (Kessler, Stanley)
July 1, 2021 Opinion or Order Filing 176 MOTION for Extension of Time to File opposition and reply papers with respect to plaintiff's motion to vacate the judgment compelling arbitration by Amazon.com, Inc.. (Parks, Gregory)
July 1, 2021 Opinion or Order Filing 175 SCHEDULING ORDER: Plaintiff having moved for an order to modify and vacate the final Order and Judgment dated 6/14/2019 [DE 169], the defendant shall file its response on or before 7/15/2021. Ordered by Judge I. Leo Glasser on 7/1/2021. (Kessler, Stanley)
June 28, 2021 Opinion or Order Filing 174 MOTION to Alter Judgment Pursuant to Fed. R. Civ. P. 60(b)(5) by Dean Nicosia. (Attachments: #1 Memorandum of Law in Support of Rule 60(b)(5) Motion, #2 Declaration of Joseph S. Tusa, #3 Tusa Decl., Ex. A, #4 Tusa Decl., Ex. B, #5 Tusa Decl., Ex. C) (Tusa, Joseph)
August 20, 2020 Opinion or Order Filing 173 USCA Statement of Costs as to #170 Notice of Appeal filed by Dean Nicosia. IT IS HEREBY ORDERED that costs are taxed in the amount of $239.00 in favor of theAppellee. Certified 8/20/20. USCA #19-1833. (McGee, Mary Ann)
July 27, 2020 Opinion or Order Filing 172 MANDATE of USCA as to #170 Notice of Appeal filed by Dean Nicosia. It is Ordered that the judgment of the District Court is AFFIRMED. See document for further details. Issued as Mandate: 7/27/20. USCA #19-1833. (McGee, Mary Ann)
June 24, 2019 Opinion or Order Filing 171 CLERK'S JUDGMENT, that Amazon's motion to compel arbitration is granted; and that Amazon's motion to dismiss Plaintif's claims is granted. Signed by Douglas C. Palmer, Clerk of Court, By J. Poveda, Deputy Clerk on 6/24/2019. (Layne, Monique)
June 20, 2019 Opinion or Order Electronic Index to Record on Appeal sent to US Court of Appeals. #170 Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (McGee, Mary Ann)
June 19, 2019 Opinion or Order Filing 170 NOTICE OF APPEAL as to #169 Order Adopting Report and Recommendations by Dean Nicosia. Filing fee $ 505, receipt number ANYEDC-11591902. (Tusa, Joseph)
June 14, 2019 Opinion or Order Filing 169 ORDER ADOPTING REPORT AND RECOMMENDATIONS. Defendant Amazons motion to compel arbitration is GRANTED, and Amazons motion to dismiss Plaintiffs claims is GRANTED. Ordered by Judge I. Leo Glasser on 6/14/2019. (Kessler, Stanley)
May 16, 2019 Opinion or Order Filing 168 Letter MOTION to Reassign Case by Dean Nicosia. (Tusa, Joseph)
January 28, 2019 Opinion or Order Filing 167 Letter to the Honorable I. Leo Glasser re: Plaintiff's Letter dated Jan. 17, 2019 (ECF 166) by Amazon.com, Inc. (Parks, Gregory)
January 17, 2019 Opinion or Order Filing 166 Letter attaching Supplemental Authority re: Dkt. 159 by Dean Nicosia (Attachments: #1 Starke v. SquareTrade, Inc., -- F.3d --, 2019 U.S. App. LEXIS 859 (2d Cir. Jan. 10, 2019)) (Tusa, Joseph)
October 4, 2018 Opinion or Order Filing 165 Letter to Honorable I. Leo Glasser requesting status conference by Dean Nicosia (Tusa, Joseph)
February 28, 2018 Opinion or Order Filing 164 NOTICE of Change of Firm Address and Attorney Name by Paula M. Roach (Roach, Paula)
February 28, 2018 Opinion or Order Filing 163 NOTICE of Change of Firm Address by Timothy G. Blood (Blood, Timothy)
February 21, 2018 Opinion or Order Case Reassigned to Judge I. Leo Glasser. Judge Sandra L. Townes no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Mahoney, Brenna)
October 30, 2017 Opinion or Order Filing 162 Letter dated October 30, 2017 from Gregory T. Parks to The Honorable Sandra L. Townes regarding relevant portions of the record that were before Magistrate Judge Bloom on Amazon's motion to compel arbitration by Amazon.com, Inc. (Parks, Gregory)
October 19, 2017 Opinion or Order Filing 161 Letter to Honorable Sandra L. Townes by Dean Nicosia (Tusa, Joseph)
October 13, 2017 Opinion or Order Filing 160 REPLY in Opposition re #159 Objection to Report and Recommendations Defendant Amazon.com, Inc.'s Response to Plaintiff's Objection to Report and Recommendation filed by Amazon.com, Inc.. (Parks, Gregory)
September 15, 2017 Opinion or Order Filing 159 OBJECTION to #156 Report and Recommendations filed by Dean Nicosia. (Tusa, Joseph)
September 15, 2017 Opinion or Order Filing 158 MEMORANDUM in Support Defendant Amazon.com, Inc.'s Statement in Support of Report and Recommendation dated August 18, 2017 by the Honorable Lois Bloom (Dkt. No. 156) Pursuant to 28 U.S.C. 636(b)(1) and Federal Rule of Civil Procedure 72(b) filed by Amazon.com, Inc.. (Parks, Gregory)
August 28, 2017 Opinion or Order ORDER granting #157 Motion for Extension of Time to File. Ordered by Judge Sandra L. Townes on 8/28/2017. (Brucella, Michelle)
August 23, 2017 Opinion or Order Filing 157 Consent MOTION for Extension of Time to File Rule 72 objection(s) by Dean Nicosia. (Tusa, Joseph)
August 18, 2017 Opinion or Order Filing 156 REPORT AND RECOMMENDATIONS re #113 Notice of MOTION to Compel Arbitration filed by Amazon.com, Inc.: As set forth in the attached Report and Recommendation, the Court should grant Amazon's motion to compel arbitration as Nicosia had actual and/or constructive notice of Amazon's Conditions of Use and the arbitration clause contained therein. The Court should stay this action for six months or until the arbitration is complete, whichever comes first, so that plaintiff can pursue his claims. Pursuant to 28 U.S.C. 636(b)(1) and Rule 72(b) of the Federal Rules of Civil Procedure, the parties shall have fourteen (14) days from service of this Report to file written objections. Ordered by Magistrate Judge Lois Bloom on 8/18/2017. (DeAtley, Tavish) Modified on 9/8/2017 (Mahoney, Brenna).
August 18, 2017 Opinion or Order Filing 155 Letter to Honorable Lois Bloom by Dean Nicosia (Attachments: #1 Attachment) (Tusa, Joseph)
August 16, 2017 Opinion or Order Filing 154 Letter to Honorable Lois Bloom by Dean Nicosia (Attachments: #1 Attachment) (Tusa, Joseph)
August 1, 2017 Opinion or Order ORDER granting #153 Motion to Amend/Correct/Supplement: By letter-motion dated July 31, 2017, Amazon requests permission to correct three clerical errors in its Responses and Objections to Plaintiff's Local Rule 56.1 Statement of Undisputed Material Facts. Amazon's request is granted. Amazon's Responses and Objections are deemed amended as reflected in Document No. 153-1. Ordered by Magistrate Judge Lois Bloom on 8/1/2017. (DeAtley, Tavish)
July 31, 2017 Opinion or Order Filing 153 Letter MOTION to Amend/Correct/Supplement #124 Reply to Response to Motion, #141 Sealed,, Reply to Response to Motion, Letter from Gregory T. Parks to the Honorable Lois Bloom dated July 31, 2017 by Amazon.com, Inc.. (Attachments: #1 Exhibit A) (Parks, Gregory)
July 27, 2017 Opinion or Order Filing 152 TRANSCRIPT of Proceedings held on July 25, 2017, before Judge Bloom. Court Transcriber: TypeWrite Word Processing Service, Telephone number 518-581-8973. Transcript may be viewed at the court public terminal or purchased through the Court 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 8/17/2017. Redacted Transcript Deadline set for 8/28/2017. Release of Transcript Restriction set for 10/25/2017. (Rocco, Christine)
July 25, 2017 Opinion or Order ORDER: Oral argument on defendant's motion is scheduled for today in Courtroom 11A South at 2:00 p.m. Court security shall allow counsel for both sides to bring laptops into the Courthouse. Ordered by Magistrate Judge Lois Bloom on 7/25/2017. (DeAtley, Tavish)
July 25, 2017 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Lois Bloom:The Court held oral argument on defendant's motion to compel arbitration and reserved decision. (Tape #2:09-3:35.) (DeAtley, Tavish)
July 24, 2017 Opinion or Order Filing 151 Letter to the Honorable Lois Bloom from Joseph S. Tusa, Esq. in Response to Defendant Amazon.com, Inc.'s July 21, 2017 Letter and Supplemental Authority by Dean Nicosia (Attachments: #1 Exhibit A - Current Form Order Screen) (Papp, Scott)
July 21, 2017 Opinion or Order Filing 150 Letter to the Honorable Lois Bloom from Gregory T. Parks regarding Supplemental Authority by Amazon.com, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Parks, Gregory)
July 18, 2017 Opinion or Order Filing 149 TRANSCRIPT of Proceedings held on February 14, 2017, before Judge BLOOM. Court Reporter/Transcriber Transcriptions Plus II, Inc.. Email address: laferrara44@gmail.com. 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 8/8/2017. Redacted Transcript Deadline set for 8/18/2017. Release of Transcript Restriction set for 10/16/2017. (Hong, Loan)
June 26, 2017 Opinion or Order ORDER granting #148 Motion to Adjourn Conference; Defendant writes, on behalf of both parties, to request an adjournment of the July 12th oral argument. The request is granted. The Court shall hold oral argument on July 25, 2017 at 2:00 p.m. in Courtroom 11A South. Parties are advised that they must contact each other before making any request for an adjournment to the Court. Any request for an adjournment must be electronically filed with the Court at least forty-eight (48) hours before the scheduled conference. Ordered by Magistrate Judge Lois Bloom on 6/26/2017. (DeAtley, Tavish)
June 23, 2017 Opinion or Order Filing 148 Letter MOTION to Adjourn Conference Scheduled for July 12, 2017 by Amazon.com, Inc.. (Parks, Gregory)
June 19, 2017 Opinion or Order Filing 147 EXHIBIT 14 to the Declaration of Regina Schaffer-Goldman in Further Support of Defendant Amazon.com, Inc.'s Motion to Compel Arbitration by Amazon.com, Inc.. Related document: #113 Notice of MOTION to Compel Arbitration filed by Amazon.com, Inc.. (Parks, Gregory)
June 19, 2017 Opinion or Order Filing 146 EXHIBIT 12 to the Declaration of Regina Schaffer-Goldman in Further Support of Defendant Amazon.com, Inc.'s Motion to Compel Arbitration by Amazon.com, Inc.. Related document: #113 Notice of MOTION to Compel Arbitration filed by Amazon.com, Inc.. (Parks, Gregory)
June 19, 2017 Opinion or Order Filing 145 EXHIBIT 11 to the Declaration of Regina Schaffer-Goldman in Further Support of Defendant Amazon.com, Inc.'s Motion to Compel Arbitration by Amazon.com, Inc.. Related document: #113 Notice of MOTION to Compel Arbitration filed by Amazon.com, Inc.. (Parks, Gregory)
June 19, 2017 Opinion or Order Filing 144 EXHIBIT 10 to the Declaration of Regina Schaffer-Goldman in Further Support of Defendant Amazon.com, Inc.'s Motion to Compel Arbitration by Amazon.com, Inc.. Related document: #113 Notice of MOTION to Compel Arbitration filed by Amazon.com, Inc.. (Parks, Gregory)
June 19, 2017 Opinion or Order Filing 143 EXHIBIT 2 to the Declaration of Regina Schaffer-Goldman in Further Support of Defendant Amazon.com, Inc.'s Motion to Compel Arbitration by Amazon.com, Inc.. Related document: #113 Notice of MOTION to Compel Arbitration filed by Amazon.com, Inc.. (Parks, Gregory)
June 19, 2017 Opinion or Order Filing 142 EXHIBIT 1 to the Declaration of Regina Schaffer-Goldman in Further Support of Defendant Amazon.com, Inc.'s Motion to Compel Arbitration by Amazon.com, Inc.. Related document: #113 Notice of MOTION to Compel Arbitration filed by Amazon.com, Inc.. (Parks, Gregory)
June 19, 2017 Opinion or Order Filing 141 REPLY to Response to Motion re #113 Notice of MOTION to Compel Arbitration Defendant Amazon.com, Inc.'s Responses and Objections to Plaintiff's Local Rule 56.1 Statement of Undisputed Material Facts filed by Amazon.com, Inc.. (Parks, Gregory)
June 19, 2017 Opinion or Order Filing 140 EXHIBIT R to the Declaration of Joseph S. Tusa in Support of Plaintiff's Opposition to Amazon's Motion to Compel Arbitration by Amazon.com, Inc.. Related document: #113 Notice of MOTION to Compel Arbitration filed by Amazon.com, Inc.. (Parks, Gregory)
June 19, 2017 Opinion or Order Filing 139 EXHIBIT Q to the Declaration of Joseph S. Tusa in Support of Plaintiff's Opposition to Amazon's Motion to Compel Arbitration by Amazon.com, Inc.. Related document: #113 Notice of MOTION to Compel Arbitration filed by Amazon.com, Inc.. (Parks, Gregory)
June 19, 2017 Opinion or Order Filing 138 EXHIBIT P to the Declaration of Joseph S. Tusa in Support of Plaintiff's Opposition to Amazon's Motion to Compel Arbitration by Amazon.com, Inc.. Related document: #113 Notice of MOTION to Compel Arbitration filed by Amazon.com, Inc.. (Parks, Gregory)
June 19, 2017 Opinion or Order Filing 137 EXHIBIT O to the Declaration of Joseph S. Tusa in Support of Plaintiff's Opposition to Amazon's Motion to Compel Arbitration by Amazon.com, Inc.. Related document: #113 Notice of MOTION to Compel Arbitration filed by Amazon.com, Inc.. (Parks, Gregory)
June 19, 2017 Opinion or Order Filing 136 EXHIBIT F to the Declaration of Joseph S. Tusa in Support of Plaintiff's Opposition To Amazon's Motion To Compel Arbitration by Amazon.com, Inc.. Related document: #113 Notice of MOTION to Compel Arbitration filed by Amazon.com, Inc.. (Parks, Gregory)
June 19, 2017 Opinion or Order Filing 135 EXHIBIT E to the Declaration of Joseph S. Tusa in Support of Plaintiff's Opposition To Amazon's Motion To Compel Arbitration by Amazon.com, Inc.. Related document: #113 Notice of MOTION to Compel Arbitration filed by Amazon.com, Inc.. (Parks, Gregory)
June 19, 2017 Opinion or Order Filing 134 RULE 56.1 STATEMENT re #113 Notice of MOTION to Compel Arbitration (Plaintiff's Local Rule 56.1 Counter-Statement of Undisputed Material Facts) filed by Amazon.com, Inc.. (Parks, Gregory)
June 19, 2017 Opinion or Order Filing 133 RESPONSE in Opposition re #113 Notice of MOTION to Compel Arbitration (Plaintiff's Responses and Objections To Amazon's Local Rule 56.1 Statement of Material Facts) filed by Amazon.com, Inc.. (Parks, Gregory)
June 19, 2017 Opinion or Order Filing 132 MEMORANDUM in Opposition re #113 Notice of MOTION to Compel Arbitration (Plaintiff's Memorandum In Opposition To Motion To Compel Arbitration) filed by Amazon.com, Inc.. (Parks, Gregory)
June 19, 2017 Opinion or Order Filing 131 RULE 56.1 STATEMENT re #113 Notice of MOTION to Compel Arbitration filed by Amazon.com, Inc.. (Parks, Gregory)
June 19, 2017 Opinion or Order Filing 130 EXHIBIT 8 to the Declaration of Gregory T. Parks in Support of Motion to Compel Arbitration by Amazon.com, Inc.. Related document: #113 Notice of MOTION to Compel Arbitration filed by Amazon.com, Inc.. (Parks, Gregory)
June 19, 2017 Opinion or Order Filing 129 EXHIBIT 2 to the Declaration of Gregory T. Parks in Support of Motion to Compel Arbitration by Amazon.com, Inc.. Related document: #113 Notice of MOTION to Compel Arbitration filed by Amazon.com, Inc.. (Parks, Gregory)
June 19, 2017 Opinion or Order Filing 128 AFFIDAVIT/DECLARATION in Support re #113 Notice of MOTION to Compel Arbitration Declaration of Karen Ressmeyer filed by Amazon.com, Inc.. (Attachments: #1 Exhibit F, #2 Exhibit G, #3 Exhibit H, #4 Exhibit I - Part I, #5 Exhibit I - Part II, #6 Exhibit I - Part III, #7 Exhibit I - Part IV) (Parks, Gregory)
June 16, 2017 Opinion or Order SCHEDULING ORDER: By letter dated June 15, 2017, defendant requests oral argument on the motion to compel arbitration. This request is granted. The Court shall hold oral argument on July 12, 2017 at 10:30 a.m. in Courtroom 11A South. Parties are advised that they must contact each other before making any request for an adjournment to the Court. Any request for an adjournment must be electronically filed with the Court at least forty-eight (48) hours before the scheduled conference. Ordered by Magistrate Judge Lois Bloom on 6/16/2017. (Smith, Roberta)
June 16, 2017 Opinion or Order ORDER granting #126 Motion for Leave to Electronically File Document under Seal: Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. Ordered by Magistrate Judge Lois Bloom on 6/16/2017. (Smith, Roberta)
June 15, 2017 Opinion or Order Filing 127 RULE 56.1 STATEMENT re #113 Notice of MOTION to Compel Arbitration / Plaintiff's Local Rule 56.1 Counter Statement of Undisputed Material Facts filed by Amazon.com, Inc.. (Parks, Gregory)
June 15, 2017 Opinion or Order Filing 126 MOTION for Leave to Electronically File Document under Seal by Amazon.com, Inc.. (Attachments: #1 Declaration of Karen Ressmeyer, #2 Exhibit F To Ressmeyer Declaration, #3 Exhibit G To Ressmeyer Declaration, #4 Exhibit H To Ressmeyer Declaration, #5 Exhibit I To Ressmeyer Declaration - Part I, #6 Exhibit I To Ressmeyer Declaration - Part II, #7 Exhibit I To Ressmeyer Declaration - Part III, #8 Exhibit I To Ressmeyer Declaration - Part IV, #9 Exhibit 2 To Parks Declaration, #10 Exhibit 8 To Parks Declaration, #11 Defendant's Rule 56.1 Statement, #12 Plaintiff's Memorandum of Law In Opposition, #13 Plaintiff's Responses and Objections To Amazon's Local Rule 56.1 Statement, #14 Plaintiff's Local Rule 56.1 Counter-Statement, #15 Exhibit E To Tusa Declaration, #16 Exhibit F To Tusa Declaration, #17 Exhibit O To Tusa Declaration, #18 Exhibit P To Tusa Declaration, #19 Exhibit Q To Tusa Declaration, #20 Exhibit R To Tusa Declaration, #21 Amazon's Responses and Objections to Plaintiff's Rule 56.1 Statement, #22 Exhibit 1 to Regina Schaffer-Goldman Declaration, #23 Exhibit 2 To Regina Schaffer-Goldman Declaration, #24 Exhibit 10 To Declaration of Regina Schaffer-Goldman Declaration, #25 Exhibit 11 to Regina Schaffer-Goldman Declaration, #26 Exhibit 12 to Regina Schaffer-Goldman Declaration, #27 Exhibit 14 to Regina-Schaffer Goldman Declaration) (Parks, Gregory)
June 14, 2017 Opinion or Order Filing 125 AFFIDAVIT/DECLARATION in Support re #113 Notice of MOTION to Compel Arbitration filed by Amazon.com, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14) (Parks, Gregory)
June 14, 2017 Opinion or Order Filing 124 REPLY to Response to Motion re #113 Notice of MOTION to Compel Arbitration Re: Defendant's Responses And Objections To Plaintiff's Local Rule 56.1 Statement Of Undisputed Facts filed by Amazon.com, Inc.. (Parks, Gregory)
June 14, 2017 Opinion or Order Filing 123 REPLY to Response to Motion re #113 Notice of MOTION to Compel Arbitration filed by Amazon.com, Inc.. (Parks, Gregory)
June 14, 2017 Opinion or Order Filing 122 AFFIDAVIT/DECLARATION in Opposition re #113 Notice of MOTION to Compel Arbitration filed by Amazon.com, Inc.. (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, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S) (Parks, Gregory)
June 14, 2017 Opinion or Order Filing 121 MEMORANDUM in Opposition re #113 Notice of MOTION to Compel Arbitration filed by Amazon.com, Inc.. (Parks, Gregory)
June 14, 2017 Opinion or Order Filing 120 AFFIDAVIT/DECLARATION in Opposition re #113 Notice of MOTION to Compel Arbitration filed by Amazon.com, Inc.. (Parks, Gregory)
June 14, 2017 Opinion or Order Filing 119 RESPONSE in Opposition re #113 Notice of MOTION to Compel Arbitration Re: Plaintiff's Responses And Objections To Amazon's Local Rule 56.1 Statement Of Material Facts filed by Amazon.com, Inc.. (Parks, Gregory)
June 14, 2017 Opinion or Order Filing 118 AFFIDAVIT/DECLARATION in Support re: #113 Notice of MOTION to Compel Arbitration; filed by Amazon.com, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14) (Parks, Gregory) (Modified: Attachment # 3 replaced on 6/15/2017.) (Latka-Mucha, Wieslawa)
June 14, 2017 Opinion or Order Filing 117 AFFIDAVIT/DECLARATION in Support re #113 Notice of MOTION to Compel Arbitration filed by Amazon.com, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Parks, Gregory)
June 14, 2017 Opinion or Order Filing 116 AFFIDAVIT/DECLARATION in Support re #113 Notice of MOTION to Compel Arbitration filed by Amazon.com, Inc.. (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 - Part I, #11 Exhibit J - Part II, #12 Exhibit J - Part III, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Exhibit Q, #20 Exhibit R, #21 Exhibit S) (Parks, Gregory)
June 14, 2017 Opinion or Order Filing 115 RULE 56.1 STATEMENT re #113 Notice of MOTION to Compel Arbitration filed by Amazon.com, Inc.. (Parks, Gregory)
June 14, 2017 Opinion or Order Filing 114 MEMORANDUM in Support re #113 Notice of MOTION to Compel Arbitration filed by Amazon.com, Inc.. (Parks, Gregory)
June 14, 2017 Opinion or Order Filing 113 Notice of MOTION to Compel Arbitration by Amazon.com, Inc.. (Parks, Gregory)
June 9, 2017 Opinion or Order Filing 112 MOTION for Leave to File Excess Pages by Amazon.com, Inc.. (Parks, Gregory)
June 9, 2017 Opinion or Order ORDER granting #112 Motion for Leave to File Excess Pages: By letter dated June 9, 2017, Amazon.com, Inc. ("Amazon") requests that the Court allow Amazon to file a 12-page reply brief. Plaintiff consents. Amazon's request is granted. Ordered by Magistrate Judge Lois Bloom on 6/9/2017. (DeAtley, Tavish)
June 5, 2017 Opinion or Order Filing 111 NOTICE of Change of Firm Name and Address by Scott Vincent Papp (Papp, Scott)
June 5, 2017 Opinion or Order Filing 110 NOTICE of Change of Firm Name and Address by Peter D. St. Phillip, Jr (St. Phillip, Peter)
April 13, 2017 Opinion or Order Filing 109 NOTICE of Change of yes by Joseph S. Tusa (Tusa, Joseph)
March 30, 2017 Opinion or Order Filing 108 ORDER FOR ADMISSION PRO HAC VICE: The #107 motion of Jacqueline C. Gorbey, Esq., for admission to practice Pro Hac Vice in the above-captioned action is granted. Applicant having requested admission Pro Hac Vice to appear for all purposes as counsel for Defendant Amazon.com, Inc. in the above-entitled action. ORDERED by Magistrate Judge Lois Bloom, on 3/30/2017. (Latka-Mucha, Wieslawa)
March 30, 2017 Opinion or Order Filing 107 MOTION for Leave to Appear Pro Hac Vice for defendant Amazon.com Filing fee $ 150, receipt number 0207-9409814. by Amazon.com, Inc.. (Attachments: #1 Exhibit A - Affidavit In Support Of Motion For Admission Pro Hac Vice, #2 Exhibit B - Certificates of Good Standing, #3 Exhibit C - Proposed Order) (Gorbey, Jacqueline)
March 30, 2017 Opinion or Order ORDER granting #98 Motion for Pre Motion Conference; The Court held a telephone status conference on March 29, 2017 to address defendant's requests to file a motion to compel arbitration and to stay discovery during the pendency of such motion. (ECF No. 98.) As discussed on the record, defendant's requests are granted. Defendant shall serve its motion, including a Rule 56.1 statement, upon plaintiff by April 10, 2017; plaintiff shall serve his opposition, including a Rule 56.1 counter-statement, upon defendant by May 24, 2017; defendant shall serve its reply upon plaintiff and the parties shall electronically file the fully briefed motion by June 14, 2017. The parties shall provide the Court courtesy copies of their papers at the time of service. The Court stays fact discovery pending the motion to compel arbitration; however, plaintiff may take the depositions of Lan Nguyen and Ross Rachey in Seattle, Washington. If plaintiff elects to do so, he shall notify defendant's counsel by April 10, 2017 and the parties shall cooperate to make the arrangements. Ordered by Magistrate Judge Lois Bloom on 3/30/2017. (DeAtley, Tavish)
March 30, 2017 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Lois Bloom:Telephone Conference held on 3/30/2017 (Tape #3:11-4:15.) (DeAtley, Tavish)
March 24, 2017 Opinion or Order Filing 106 Letter Joint Status Letter to the Honorable Lois Bloom by Amazon.com, Inc. (Parks, Gregory)
March 21, 2017 Opinion or Order SCHEDULING ORDER: The Court shall hold a telephone conference in this matter on March 29, 2017 at 3:00 p.m. After establishing contact with defendant's counsel, plaintiff'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. Any request for an adjournment must be received in writing at least forty-eight (48) hours before the scheduled conference. The parties are reminded that they shall file a joint letter regarding the status of this case by March 24, 2017. Ordered by Magistrate Judge Lois Bloom on 3/21/2017. (Smith, Roberta)
March 17, 2017 Opinion or Order Filing 105 Letter to Hon. Magistrate Judge Lois Bloom by Dean Nicosia (Tusa, Joseph)
March 15, 2017 Opinion or Order Filing 104 Letter dated March 15, 2017 from Gregory T. Parks to the Honorable Lois Bloom responding to Plaintiff's letter to Magistrate Judge Bloom dated March 13, 2017 (Dkt. No. 103) by Amazon.com, Inc. (Parks, Gregory)
March 15, 2017 Opinion or Order ORDER REFERRING MOTION: #98 Letter MOTION for pre motion conference to file a motion to compel arbitration and requesting that discovery be stayed during the pendency of that motion filed by Amazon.com, Inc. Any forthcoming motion to compel arbitration shall be referred to Judge Bloom as well. Ordered by Judge Sandra L. Townes on 3/15/2017. Motions referred to Lois Bloom. (Syers, Phillip)
March 15, 2017 Opinion or Order ORDER: The Court has received letters from both parties concerning their discovery disputes. (ECF Nos. 103, 104.) As stated in its letter dated March 15, 2017 (ECF No. 104), defendant shall further respond to plaintiff's March 13 letter (ECF No. 103) by close of business on March 17, 2017. Defendant shall not file a formal motion for a protective order. Plaintiff shall provide the "who, what, when, where and why" regarding the two Amazon employees it noticed for depositions, who were not produced, by close of business on March 17, 2017. The parties are still directed to meet and confer regarding all disputes. All previous deadlines remain in place. Ordered by Magistrate Judge Lois Bloom on 3/15/2017. (Smith, Roberta)
March 13, 2017 Opinion or Order Filing 103 Letter re Merits Discovery Dispute by Dean Nicosia (Papp, Scott)
March 6, 2017 Opinion or Order Filing 102 Letter to the Honorable Sandra L. Townes in Response to Plaintiff's Letter dated March 6, 2017, Dkt. No. 100 by Amazon.com, Inc. (Parks, Gregory)
March 6, 2017 Opinion or Order Filing 101 Letter Ex. D (sealed) to Dkt. No. 100 by Dean Nicosia (Tusa, Joseph)
March 6, 2017 Opinion or Order Filing 100 Letter Response to Pre-Motion Letter by Dean Nicosia (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D (Filed Under Seal), #5 Exhibit E) (Tusa, Joseph)
February 27, 2017 Opinion or Order Filing 99 Letter to Honorable Sandra L. Townes by Dean Nicosia (Tusa, Joseph)
February 27, 2017 Opinion or Order Filing 98 Letter MOTION for pre motion conference to file a motion to compel arbitration and requesting that discovery be stayed during the pendency of that motion by Amazon.com, Inc.. (Parks, Gregory)
February 14, 2017 Opinion or Order SCHEDULING ORDER: The Court held a telephone conference in this matter on February 14, 2017. The parties informed the Court that all arbitration-related discovery is complete with the exception of the deposition of plaintiff's wife, Mrs. Nicosia. Defendant is scheduled to depose Mrs. Nicosia on the morning of February 22, 2017 at a hotel close to her home. Defendant shall ensure that any technology to be used in connection with this deposition is fully functional prior to the time Mrs. Nicosia is asked to appear. While the Court shall not impose a specific time limitation on this deposition, it relies on the representation of defendant's counsel, as an officer of the Court, that he expects the deposition to conclude by lunchtime. The parties shall file a joint letter regarding the status of this case by March 24, 2017. The parties are reminded that any motion for leave to amend and/or join other parties shall also be filed by March 24, 2017. The parties are strongly encouraged to discuss settlement. Ordered by Magistrate Judge Lois Bloom on 2/14/2017. (Smith, Roberta)
February 14, 2017 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Lois Bloom:Telephone Conference held on 2/14/2017. (Tape #3:22-3:55.) (Smith, Roberta)
January 31, 2017 Opinion or Order ORDER granting #97 Motion for Extension of Time to Amend; Plaintiff writes with defendant's consent to request an extension of the deadline for the parties to seek leave to amend the pleadings, or join other parties, until March 24, 2017. This is the parties' first request for an extension of this deadline. The request is granted. Any motion for leave to amend and/or join other parties shall be filed by March 24, 2017. All other deadlines shall remain as previously scheduled. Ordered by Magistrate Judge Lois Bloom on 1/31/2017. (Smith, Roberta)
January 30, 2017 Opinion or Order Filing 97 Letter to Hon. Magistrate Judge Lois Bloom by Dean Nicosia (Tusa, Joseph) Modified on 1/31/2017 (Doody, Sara).
January 27, 2017 Opinion or Order Filing 96 ENDORSED ORDER ON DOCUMENT #95, The Court's 1/20/17 Order is hereby amended as set forth herein. The Application is granted. (Ordered by Magistrate Judge Lois Bloom on 1/25/2017) c/m (Galeano, Sonia)
January 24, 2017 Opinion or Order Filing 95 Letter to Magistrate Judge Bloom Requesting Supplementation of the Court's Docket Order Entered on January 20, 2017 by Amazon.com, Inc. (Attachments: #1 Exhibit A) (Parks, Gregory)
January 23, 2017 Opinion or Order Filing 94 TRANSCRIPT of Proceedings held on January 20, 2017, before Judge Bloom. Court Transcriber: Transcriptions Plus II, Inc.. Email address: laferrara44@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court 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 2/13/2017. Redacted Transcript Deadline set for 2/23/2017. Release of Transcript Restriction set for 4/24/2017. (Rocco, Christine)
January 20, 2017 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Lois Bloom:Status Conference held on 1/20/2017. (Tape #10:54-12:09.) (Smith, Roberta)
January 20, 2017 Opinion or Order SCHEDULING ORDER: The Court held a status conference in this matter on January 20, 2017. The parties raised a number of discovery issues by letters dated January 18, 2017. (ECF Nos. 90, 91, 92, 93.) The Court set the following discovery deadlines: by January 25, 2017, at noon, defendant shall produce the documents discussed on the record for review prior to the Rule 30(b)(6) deposition to be held on January 26, 2017; by February 8, 2017, defendant shall produce to plaintiff the sales information concerning which products containing Sibutramine were sold by defendant, the identities of those with knowledge specified in plaintiff's Requests Nos. 6 and 8, defendant's policies and procedures as specified in Request No. 35, and defendant's 2017 organizational charts for the Restricted Products Enforcement Team (Request No. 39) as well as the Weight Loss Products Group (Request No. 40). All arbitration-related discovery shall be completed by February 15, 2017, with the sole exception that two extra weeks may be requested to facilitate the deposition of Mrs. Nicosia.The Court shall hold a telephone conference on February 14, 2017 at 3:00 p.m. Plaintiff's counsel is directed to arrange the conference call. After establishing contact with defendant's counsel, plaintiff's counsel shall telephone the Court at (718) 613-2170. Ordered by Magistrate Judge Lois Bloom on 1/20/2017. (Smith, Roberta)
January 18, 2017 Opinion or Order Filing 93 STATUS REPORT (under seal) by Amazon.com, Inc. (Parks, Gregory)
January 18, 2017 Opinion or Order Filing 92 STATUS REPORT (redacted) by Amazon.com, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Parks, Gregory)
January 18, 2017 Opinion or Order Filing 91 STATUS REPORT Exhibit K - sealed by Dean Nicosia (Tusa, Joseph)
January 18, 2017 Opinion or Order Filing 90 STATUS REPORT by Dean Nicosia (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E (Nos. 1-12), #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K - public) (Tusa, Joseph)
January 12, 2017 Opinion or Order Filing 89 TRANSCRIPT of Proceedings held on December 15, 2016, 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 2/2/2017. Redacted Transcript Deadline set for 2/13/2017. Release of Transcript Restriction set for 4/12/2017. (Hong, Loan)
December 15, 2016 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Lois Bloom:Status Conference held on 12/15/2016 (Tape #11:13 - 12:11.) (Wallach, Rebecca)
December 15, 2016 Opinion or Order ORDER granting in part and denying in part #86 Motion for Extension of Time to Complete Discovery; The Court held a status conference in this matter on December 15, 2016. The parties shall complete all arbitration-related discovery by February 15, 2017. However, the Court declines to adopt the parties' requested discovery briefing schedule. The parties are directed to cooperate to resolve any disputes regarding discovery. The Court further directs the parties to promptly schedule defendant's 30(b)(6) deposition. The Court shall hold a status conference on January 20, 2017 at 10:30 a.m. in Courtroom 11A South. The parties shall file letters by 5:00 p.m. on January 18, 2017 regarding the status of discovery. Ordered by Magistrate Judge Lois Bloom on 12/15/2016. (Wallach, Rebecca) Modified on 1/19/2017 (Doody, Sara).
December 14, 2016 Opinion or Order Filing 88 Letter to the Honorable Marilyn D. Go in Response to Plaintiff's Letter dated December 14, 2016 (Dkt. No. 87) by Amazon.com, Inc. (Parks, Gregory)
December 14, 2016 Opinion or Order Filing 87 Letter to Hon. Magistrate Judge Marilyn G. Go by Dean Nicosia (Tusa, Joseph)
December 8, 2016 Opinion or Order Filing 86 MOTION for Extension of Time to Complete Discovery by Amazon.com, Inc.. (Attachments: #1 Stipulation and [Proposed] Order Regarding Extension of Arbitration-Related Discovery Deadline and Briefing Schedule For Arbitration-Related Discovery Motions) (Parks, Gregory)
December 1, 2016 Opinion or Order SCHEDULING ORDER: On November 23, 2016, this case was reassigned to me for all pretrial supervision. On November 10, 2016, Judge Go issued an order scheduling a telephone conference on December 15, 2016 at 10:00 a.m. The parties shall now appear in person before me for the conference. However, due to a conflict in the Court's calendar the conference shall take place at 11:00 a.m. The Court shall hold a status conference on December 15, 2016 at 11:00 a.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 12/1/2016. (Doody, Sara)
November 23, 2016 Opinion or Order Case Reassigned to Magistrate Judge Lois Bloom. Magistrate Judge Marilyn D. Go no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Marziliano, August)
November 10, 2016 Opinion or Order ORDER granting #85 Motion for Extension of Time to Complete Discovery. The time for the parties to produce responsive documents to arbitration-related discovery requests is extended to 11/21/2016 and the time to complete all arbitration-related discovery is extended to 12/15/2016, on consent. The conference scheduled for 11/17/2016 at 9:30 a.m. is adjourned to 12/15/2016 at 10:00 a.m. (by tel.). Ordered by Magistrate Judge Marilyn D. Go on 11/10/2016. (Moo-Young, Jillian)
November 4, 2016 Opinion or Order Filing 85 Letter MOTION for Extension of Time to Complete Discovery by Amazon.com, Inc.. (Attachments: #1 Stipulation and [Proposed] Order Regarding Extension Of Certain Arbitration-Related Discovery Deadlines) (Parks, Gregory)
October 13, 2016 Opinion or Order Filing 84 ANSWER to #1 Complaint by Amazon.com, Inc.. (Parks, Gregory)
September 29, 2016 Opinion or Order Minute Entry for Initial Conference held on 9/29/2016 before Magistrate Judge Marilyn D. Go: Appearances by J. Tusa, P. St. Phillip for plaintiff; G. Parks, R. Schaffer-Goldman for defendant. After discussion, the Court set a schedule pursuant to Fed. R. Civ. P. 16(b): (1) initial disclosures served by plaintiff by 10/20/2016 and by defendant by 10/27/2016; (2) any motion for leave to amend and/or join other parties filed by 1/31/2017, and may be by letter application if there is consent, and absent consent, by letter addressed to Judge Townes requesting a pre-motion conference to discuss such a motion; (3) fact discovery completed by 5/31/2017, but all discovery relating to arbitration must be completed by 11/15/2016; (4) defendant must file its answer by 10/13/2016. Settlement and the remainder of discovery will be addressed at the next conference scheduled for 11/17/2016 at 9:30 a.m. (by tel.). FTR 11:40-12:08 (Hugh, Lewis)
September 20, 2016 Opinion or Order Filing 83 MANDATE of USCA as to #81 Notice of Appeal filed by Dean Nicosia. It is ORDERED, that the District Court's judgment is AFFIRMED in part and VACATED in part, and the case REMANDED for further proceedings. Issued as Mandate: 9/20/16. USCA #15-423. (McGee, Mary Ann)
August 29, 2016 Opinion or Order Filing 82 Letter MOTION to Adjourn Conference scheduled for September 20, 2016 by Amazon.com, Inc.. (Parks, Gregory)
August 29, 2016 Opinion or Order ORDER granting #82 Motion to Adjourn Conference: The conference set for 9/20/2016 is adjourned to 09/29/2016 at 11:30 a.m. with consent from plaintiff. Ordered by Magistrate Judge Marilyn D. Go on 8/29/2016. (Hugh, Lewis)
August 25, 2016 Opinion or Order SCHEDULING ORDER: A status conference is set for 9/20/2016 at 11:30 AM before Magistrate Judge Marilyn D. Go. Ordered by Magistrate Judge Marilyn D. Go on 8/25/2016. (Hugh, Lewis)
February 13, 2015 Opinion or Order Filing 81 NOTICE OF APPEAL by Dean Nicosia. Filing fee $ 505, receipt number 0207-7525157. (Tusa, Joseph)
February 13, 2015 Opinion or Order Electronic Index to Record on Appeal sent to US Court of Appeals. #81 Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (McGee, Mary Ann)
February 5, 2015 Opinion or Order Filing 80 CLERK'S JUDGMENT. ORDERED and ADJUDGED that Defendant's motion to dismiss is granted because all of Plaintiff's claims are subject to mandatory arbitration; and that Plaintiff's motion for a preliminary injunction is denied because (1) Plaintiff lacks standing to pursue a traditional preliminary injunction and cannot invoke the Consumer Product Safety Act because it has no application in this case. Ordered by Clerk of Court, by Deputy Clerk Janet Hamilton, on 2/5/2015. (Barrett, C)
February 4, 2015 Opinion or Order Filing 79 MEMORANDUM AND ORDER denying #36 Motion for Preliminary Injunction; granting #52 Motion to Dismiss for Failure to State a Claim. Amazon's motion to dismiss is granted because all of Plaintiff's claims are subject to mandatory arbitration. Plaintiff's motion for a preliminary injunction is denied because (1) Plaintiff lacks standing to pursue a traditional preliminary injunction and cannot invoke the CPSA because it has no application in this case. The Clerk of Court is respectfully directed to close the case. Ordered by Judge Sandra L. Townes on 2/2/2015. (Barrett, C)
February 4, 2015 Opinion or Order Motion terminated, docketed incorrectly: #37 MOTION for Preliminary Injunction Declaration of Dean Nicosia filed by Dean Nicosia. This is not a motion but a declaration in support of the #36 Motion for Preliminary Injunction. (Barrett, C)
January 16, 2015 Opinion or Order Filing 78 Letter to Judge Sandra L. Townes dated January 16, 2015 from Gregory T. Parks, Esq. by Amazon.com, Inc. (Parks, Gregory)
January 16, 2015 Opinion or Order Filing 77 AFFIDAVIT/DECLARATION in Opposition re #52 Motion to Dismiss for Failure to State a Claim Declaration of Joseph S. Tusa in Support of Plaintiffs Opposition to Motion to Dismiss filed by Dean Nicosia. (Tusa, Joseph)
January 16, 2015 Opinion or Order Filing 76 MEMORANDUM in Opposition re #52 Motion to Dismiss for Failure to State a Claim Plaintiffs Memorandum in Opposition to Amazon.com, Inc.s Motion to Dismiss Plaintiffs Complaint filed by Dean Nicosia. (Tusa, Joseph)
January 16, 2015 Opinion or Order Filing 75 AFFIDAVIT/DECLARATION in Support re #36 MOTION for Preliminary Injunction Reply Declaration of Joseph S. Tusa in Further Support of Plaintiff's Motion for Preliminary Injunction filed by Dean Nicosia. (Attachments: #1 Exhibit 83 to Reply Declaration of Joseph S. Tusa in Further Support of Plaintiff's Motion for Preliminary Injuntion) (Tusa, Joseph)
January 16, 2015 Opinion or Order Filing 74 AFFIDAVIT/DECLARATION in Opposition re #52 Motion to Dismiss for Failure to State a Claim Declaration of Joseph S. Tusa filed by Amazon.com, Inc.. (Attachments: #1 Exhibit F) (Parks, Gregory)
January 16, 2015 Opinion or Order Filing 73 MEMORANDUM in Opposition re #52 Motion to Dismiss for Failure to State a Claim Plaintiff's Memorandum in Opposition to Amazon.com. Inc.'s Motion to Dismiss Plaintiff's Complaint filed by Amazon.com, Inc.. (Parks, Gregory)
January 16, 2015 Opinion or Order Filing 72 AFFIDAVIT/DECLARATION in Support re #52 Motion to Dismiss for Failure to State a Claim Declaration of Damon Jones filed by Amazon.com, Inc.. (Parks, Gregory)
January 16, 2015 Opinion or Order Filing 71 AFFIDAVIT/DECLARATION in Opposition re #36 MOTION for Preliminary Injunction Declaration of Jurgen Stewart filed by Amazon.com, Inc.. (Parks, Gregory)
January 16, 2015 Opinion or Order Filing 70 AFFIDAVIT/DECLARATION in Opposition re #36 MOTION for Preliminary Injunction Declaration of Dung Phan filed by Amazon.com, Inc.. (Attachments: #1 Exhibit A) (Parks, Gregory)
January 16, 2015 Opinion or Order Filing 69 AFFIDAVIT/DECLARATION in Opposition re #36 MOTION for Preliminary Injunction Declaration of Kristy Madden filed by Amazon.com, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Parks, Gregory)
January 16, 2015 Opinion or Order Filing 68 AFFIDAVIT/DECLARATION in Opposition re #36 MOTION for Preliminary Injunction Declaration of Anthony T. Pavel filed by Amazon.com, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Parks, Gregory)
January 16, 2015 Opinion or Order Filing 67 AFFIDAVIT/DECLARATION in Opposition re #36 MOTION for Preliminary Injunction Declaration of James Cuneo filed by Amazon.com, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Parks, Gregory)
January 16, 2015 Opinion or Order Filing 66 MEMORANDUM in Opposition re #36 MOTION for Preliminary Injunction filed by Amazon.com, Inc.. (Parks, Gregory)
January 14, 2015 Opinion or Order ORDER: The #50 Motion to Seal is also granted, as the parties merely seek to submit unredacted copies of their motion papers under seal for consideration by the Court, and have complied with the terms of a protective order already entered in this action. Accordingly, the parties are directed to file the original documents under seal as separate entries, clearly labeled as to which motion, opposition, or reply the document relates. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. Ordered by Magistrate Judge Marilyn D. Go on 1/14/2015. (Moo-Young, Jillian)
January 14, 2015 Opinion or Order ORDER: The #51 Motion for Leave to Electronically File Document under Seal Counsel, the #63 Motion for Leave to Electronically File Document under Seal Counsel, and the #64 Motion to Seal are all granted, as the parties merely seek to submit unredacted copies of their motion papers under seal for consideration by the Court, and have complied with the terms of a protective order already entered in this action. Accordingly, the parties are directed to file the original documents under seal as separate entries, clearly labeled as to which motion, opposition, or reply the document relates. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. Ordered by Magistrate Judge Marilyn D. Go on 1/14/2015. (Moo-Young, Jillian)
January 9, 2015 Opinion or Order Filing 65 STATUS REPORT by Dean Nicosia (Tusa, Joseph)
December 24, 2014 Opinion or Order Filing 64 MOTION to Seal by Dean Nicosia. (Attachments: #1 Plaintiff's Memorandum of Law in Opposition to Motion to Dismiss, #2 Declaration of Joseph S. Tusa (Annexing Exhibits A - F)) (Tusa, Joseph)
December 24, 2014 Opinion or Order Filing 63 MOTION for Leave to Electronically File Document under Seal by Amazon.com, Inc.. (Attachments: #1 Declaration of Damon Jones, #2 Plaintiff's Opposition to Amazon.com, Inc.'s Motion to Dismiss Plaintiff's Complaint, #3 Declaration of Joseph S. Tusa, #4 Exhibit F to Declaration of Joseph S. Tusa) (Parks, Gregory)
December 24, 2014 Opinion or Order Filing 62 CERTIFICATE OF SERVICE by Amazon.com, Inc. re #60 Reply in Support, #61 Affidavit in Support of Motion (Parks, Gregory)
December 24, 2014 Opinion or Order Filing 61 AFFIDAVIT/DECLARATION in Support re #52 Motion to Dismiss for Failure to State a Claim Declaration of Ezra D. Church, Esq. filed by Amazon.com, Inc.. (Attachments: #1 Exhibit 1) (Parks, Gregory)
December 24, 2014 Opinion or Order Filing 60 REPLY in Support re #52 Motion to Dismiss for Failure to State a Claim filed by Amazon.com, Inc.. (Attachments: #1 Exhibit A) (Parks, Gregory)
December 24, 2014 Opinion or Order Filing 59 AFFIDAVIT/DECLARATION in Opposition re #52 Motion to Dismiss for Failure to State a Claim Declaration of Gregory S. Duncan, Esq. filed by Amazon.com, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Parks, Gregory)
December 24, 2014 Opinion or Order Filing 58 AFFIDAVIT/DECLARATION in Opposition re #52 Motion to Dismiss for Failure to State a Claim Declaration of Dean Nicosia filed by Amazon.com, Inc.. (Parks, Gregory)
December 24, 2014 Opinion or Order Filing 57 AFFIDAVIT/DECLARATION in Opposition re #52 Motion to Dismiss for Failure to State a Claim Declaration of Joseph S. Tusa, Esq. filed by Amazon.com, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Parks, Gregory)
December 24, 2014 Opinion or Order Filing 56 MEMORANDUM in Opposition re #52 Motion to Dismiss for Failure to State a Claim Plaintiff's Memorandum in Opposition to Amazon.com, Inc.'s Motion to Dismiss Plaintiff's Complaint filed by Amazon.com, Inc.. (Parks, Gregory)
December 24, 2014 Opinion or Order Filing 55 CERTIFICATE OF SERVICE by Amazon.com, Inc. re #52 Motion to Dismiss for Failure to State a Claim (Parks, Gregory)
December 24, 2014 Opinion or Order Filing 54 AFFIDAVIT/DECLARATION in Support re #52 Motion to Dismiss for Failure to State a Claim Declaration of Damon Jones filed by Amazon.com, Inc.. (Parks, Gregory)
December 24, 2014 Opinion or Order Filing 53 AFFIDAVIT/DECLARATION in Support re #52 Motion to Dismiss for Failure to State a Claim Declaration of Dung Phan filed by Amazon.com, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Parks, Gregory)
December 24, 2014 Opinion or Order Filing 52 Motion to Dismiss for Failure to State a Claim by Amazon.com, Inc.. (Attachments: #1 Memorandum in Support) (Parks, Gregory)
December 22, 2014 Opinion or Order Filing 51 MOTION for Leave to Electronically File Document under Seal by Amazon.com, Inc.. (Attachments: #1 Declaration of Jurgen Stewart, #2 Declaration of James Cuneo, #3 Exhibit A to Declaration of James Cuneo, #4 Exhibit B to Declaration of James Cuneo, #5 Exhibit C to Declaration of James Cuneo, #6 Declaration of Kristy Madden, #7 Exhibit A to Declaration of Kristy Madden, #8 Exhibit B to Declaration of Kristy Madden, #9 Exhibit C to Declaration of Kristy Madden, #10 Declaration of Anthony T. Pavel, #11 Exhibit A to Declaration of Anthony T. Pavel, #12 Exhibit B to Declaration of Anthony T. Pavel, #13 Exhibit C to Declaration of Anthony T. Pavel, #14 Declaration of Dung Phan, #15 Exhibit A to Declaration of Doug Phan, #16 Memorandum of Law In Opposition to Plaintiff's Motion For A Preliminary Injunction) (Parks, Gregory)
December 19, 2014 Opinion or Order Filing 50 MOTION to Seal Documents Filed in Support of Plaintiff's Motion for a Preliminary Injunction by Dean Nicosia. (Attachments: #1 Reply Declaration of Joseph S. Tusa - Sealed, #2 Reply Tusa Decl. Ex. 83 - Sealed) (Tusa, Joseph)
December 19, 2014 Opinion or Order Filing 49 AFFIDAVIT/DECLARATION in Support re #36 MOTION for Preliminary Injunction Reply Declaration of Joseph S. Tusa, Esq. (annexing Reply Decl. Exhibits 83-122) filed by Dean Nicosia. (Attachments: #1 Tusa Reply Exhibits 82-92, #2 Tusa Reply Exhibits 93-102, #3 Tusa Reply Exhibits 103-112, #4 Tusa Reply Exhibits 113-122) (Tusa, Joseph)
December 19, 2014 Opinion or Order Filing 48 AFFIDAVIT/DECLARATION in Support re #36 MOTION for Preliminary Injunction Reply Declaration of Gregory S. Duncan, Esq. (annexing Exhibits A-G) filed by Dean Nicosia. (Tusa, Joseph)
December 19, 2014 Opinion or Order Filing 47 REPLY in Support re #36 MOTION for Preliminary Injunction Reply Memorandum of Law in Further Support of Plaintiff's Motion for a Preliminary Injunction filed by Dean Nicosia. (Tusa, Joseph)
December 19, 2014 Opinion or Order Filing 46 AFFIDAVIT/DECLARATION in Opposition re #36 MOTION for Preliminary Injunction filed by Dean Nicosia. (Tusa, Joseph)
December 19, 2014 Opinion or Order Filing 45 AFFIDAVIT/DECLARATION in Opposition re #36 MOTION for Preliminary Injunction filed by Dean Nicosia. (Attachments: #1 Exhibit) (Tusa, Joseph)
December 19, 2014 Opinion or Order Filing 44 AFFIDAVIT/DECLARATION in Opposition re #36 MOTION for Preliminary Injunction filed by Dean Nicosia. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Tusa, Joseph)
December 19, 2014 Opinion or Order Filing 43 AFFIDAVIT/DECLARATION in Opposition re #36 MOTION for Preliminary Injunction filed by Dean Nicosia. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Tusa, Joseph)
December 19, 2014 Opinion or Order Filing 42 AFFIDAVIT/DECLARATION in Opposition re #36 MOTION for Preliminary Injunction filed by Dean Nicosia. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Tusa, Joseph)
December 19, 2014 Opinion or Order Filing 41 MEMORANDUM in Opposition re #36 MOTION for Preliminary Injunction Defendant's Memorandum of Law in Opposition to Plaintiff's Motion for a Preliminary Injunction filed by All Plaintiffs. (Tusa, Joseph)
December 19, 2014 Opinion or Order Filing 40 Letter to Honorable Sandra L. Townes by Dean Nicosia (Tusa, Joseph)
December 19, 2014 Opinion or Order Filing 39 AFFIDAVIT/DECLARATION in Support re #36 MOTION for Preliminary Injunction Declaration of Joseph S. Tusa (annexing Exhibits 1 - 82) filed by Dean Nicosia. (Attachments: #1 Tusa Declaration Exhibits 1-11, #2 Tusa Declaration Exhibits 12-21, #3 Tusa Declaration Exhibits 22-31, #4 Tusa Declaration Exhibits 32-41, #5 Tusa Declaration Exhibits 42-51, #6 Tusa Declaration Exhibits 52-61, #7 Tusa Declaration Exhibits 62-71, #8 Tusa Declaration Exhibits 72-82) (Tusa, Joseph)
December 19, 2014 Opinion or Order Filing 38 AFFIDAVIT/DECLARATION in Support re #36 MOTION for Preliminary Injunction Declaration of Gregory S. Duncan, Esq. filed by Dean Nicosia. (Tusa, Joseph)
December 19, 2014 Opinion or Order Filing 37 MOTION for Preliminary Injunction Declaration of Dean Nicosia by Dean Nicosia. (Tusa, Joseph)
December 19, 2014 Opinion or Order Filing 36 MOTION for Preliminary Injunction by Dean Nicosia. (Attachments: #1 Memorandum of Law in Support of Plaintiff's Motion for Preliminary Injucntion) (Tusa, Joseph)
November 26, 2014 Opinion or Order Filing 35 ENDORSED ORDER granting on consent #34 Motion for Leave to File Excess Pages. Plaintiffs may file an opposition brief but not exceeding 40 pages. Defendant may file a reply brief not exceeding 17 pages. Ordered by Judge Sandra L. Townes on 11/21/2014. (Barrett, C)
November 20, 2014 Opinion or Order Filing 34 Letter MOTION for Leave to File Excess Pages by Dean Nicosia. (Tusa, Joseph)
November 12, 2014 Opinion or Order Filing 33 ORDER granting #31 Motion for Protective Order as modified herein. Ordered by Magistrate Judge Marilyn D. Go on 11/12/2014. (Attachments: #1 Appendix) (Proujansky, Josh)
November 7, 2014 Opinion or Order Filing 32 Letter to Judge Marilyn D. Go regarding Motion for Protective Order by Amazon.com, Inc. (Schaffer-Goldman, Regina)
November 7, 2014 Opinion or Order Filing 31 MOTION for Protective Order by Amazon.com, Inc.. (Schaffer-Goldman, Regina)
October 16, 2014 Opinion or Order Filing 30 STIPULATION AND ORDER Regarding Motion to Dismiss and Motion of Preliminary Injunction Briefing Dates approving #28 . The briefing schedule for Amazon's motion to dismiss the Complaint is as follows: Amazon shall serve its motion to dismiss on or before October 10, 2014. Plaintiff shall serve his opposition to Amazon's motion to dismiss on or before November 24, 2014. Amazon shall serve its reply to Plaintiff's opposition to the motion to dismiss on or before December 23, 2014. Amazon shall file the full set of motion papers once the motion is fully briefed in accordance with Rule III.C of Judge Townes's Individual Motion Practices & Rules. The briefing schedule for Plaintiff's motion for a preliminary injunction is as follows: Plaintiff shall serve his motion for a preliminary injunction on or before October 15, 2014. Amazon shall serve its opposition to Plaintiff's motion for a preliminary injunction on or before December 2, 2014. Plaintiff shall serve his reply to Amazon's opposition to the preliminary injunction on or before January 6, 2015. Plaintiff shall file the full set of motion papers once the motion is fully briefed in accordance with Rule III.C of Judge Townes's Individual Motion Practices & Rules. Ordered by Judge Sandra L. Townes on 10/14/2014. (Barrett, C)
October 14, 2014 Opinion or Order Filing 29 TRANSCRIPT of Proceedings held on October 8, 2014, before Judge Go. Court Transcriber: Fiore Reporting and Transcription Service, Inc, Telephone number (203)929-9992. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/4/2014. Redacted Transcript Deadline set for 11/14/2014. Release of Transcript Restriction set for 1/12/2015. (Rocco, Christine)
October 9, 2014 Opinion or Order Filing 28 STIPULATION Stipulation [and Proposed Order] Regarding Motion to Dismiss and Motion of Preliminary Injunction Briefing Dates by Amazon.com, Inc. (Schaffer-Goldman, Regina)
October 8, 2014 Opinion or Order Minute Entry for Initial Conference held on 10/8/2014 before Magistrate Judge Marilyn D. Go: Appearances by P. St. Phillip, S. Papp, J. Tusa for plaintiff; G. Parks, E. Church, R. Schaffer-Goldman for defendant. Discussion held on scope of contemplated discovery in light of the Court's #27 order. Parties agreed to a briefing schedule on defendant's contemplated motion to dismiss and plaintiff's contemplated motion for a preliminary injunction, which will be set forth in a stipulation to be filed. After discussion, the parties reached an agreement to limited production of products and sales information relating to plaintiff's motion. FTR: 12:36-1:09, 2:05-2:10. (Hugh, Lewis)
October 6, 2014 Opinion or Order Filing 27 ORDER: Due to a docketing error, the docket indicates that Defendant' motion for a pre-motion conference was referred to Judge Go. That motion, however, remains outstanding and has not been referred to Judge Go. In light of the submissions, the Court has determined that a pre-motion conference on Defendant's anticipated motion to dismiss would not materially assist the Court. The parties are directed to confer and submit an agreed-upon proposed briefing schedule on or before October 8, 2014. Ordered by Judge Sandra L. Townes on 10/6/2014. (Frullo, Veronica)
October 6, 2014 Opinion or Order Filing 26 REPORT of Rule 26(f) Planning Meeting (Tusa, Joseph)
October 3, 2014 Opinion or Order Filing 25 NOTICE of Appearance by Gregory T. Parks on behalf of Amazon.com, Inc. (aty to be noticed) (Parks, Gregory)
October 2, 2014 Opinion or Order Filing 24 Notice of MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-7240296. by Amazon.com, Inc.. (Attachments: #1 Affidavit of Gregory T. Parks In Support Of Motion To Admit Counsel Pro Hac Vice, #2 Proposed Order, #3 Certificate of Good Standing) (Schaffer-Goldman, Regina)
October 2, 2014 Opinion or Order Filing 23 Letter MOTION for Reconsideration re #18 Order on Motion for Protective Order or to Clarify Protective Order by Dean Nicosia. (Attachments: #1 Plaintiff's First Set of Interrogatories, #2 Plaintiff's First Set of Document Requests) (Tusa, Joseph)
October 2, 2014 Opinion or Order ORDER granting #24 Motion for Leave to Appear Pro Hac Vice. The admitted attorney, Gregory T. Parks, is permitted to argue or try this action in whole or in part as counsel or advocate for defendant Amazon.com, Inc. Since the docket sheet indicates that the admission fee has been paid, the Clerk of the Court is respectfully requested to enter the appearance of counsel promptly on the docket sheet for this action and to make a notation of the attorney's admission pro hac vice on this Court's roll of attorneys. If not already registered for Electronic Case Filing ("ECF") with this Court, the admitted attorney must register for ECF or submit an application for exemption within two weeks of the date of this order. Ordered by Magistrate Judge Marilyn D. Go on 10/2/2014. (Moo-Young, Jillian)
October 1, 2014 Opinion or Order Filing 22 NOTICE of Appearance by Ezra D. Church on behalf of Amazon.com, Inc. (aty to be noticed) (Church, Ezra)
October 1, 2014 Opinion or Order Filing 21 RESPONSE to Motion re #13 Letter MOTION for pre motion conference filed by Dean Nicosia. (Tusa, Joseph)
September 29, 2014 Opinion or Order Filing 20 Notice of MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-7229365. by Amazon.com, Inc.. (Attachments: #1 Affidavit of Ezra D. Church In Support Of Motion To Admit Counsel Pro Hac Vice, #2 Proposed Order, #3 Certificates of Good Standing) (Schaffer-Goldman, Regina)
September 29, 2014 Opinion or Order Filing 19 NOTICE of Appearance by Regina Schaffer-Goldman on behalf of Amazon.com, Inc. (aty to be noticed) (Schaffer-Goldman, Regina)
September 29, 2014 Opinion or Order Filing 18 ORDER granting #15 Motion for Protective Order. Ordered by Judge Sandra L. Townes on 9/26/2014. (Piper, Francine)
September 29, 2014 Opinion or Order ORDER granting #20 Motion for Leave to Appear Pro Hac Vice. The admitted attorney, Ezra D. Church, is permitted to argue or try this action in whole or in part as counsel or advocate for defendant Amazon.com, Inc. Since the docket sheet indicates that the admission fee has been paid, the Clerk of the Court is respectfully requested to enter the appearance of counsel promptly on the docket sheet for this action and to make a notation of the attorney's admission pro hac vice on this Court's roll of attorneys. If not already registered for Electronic Case Filing ("ECF") with this Court, the admitted attorney must register for ECF or submit an application for exemption within two weeks of the date of this order. Ordered by Magistrate Judge Marilyn D. Go on 9/29/2014. (Moo-Young, Jillian)
September 26, 2014 Opinion or Order Filing 17 NOTICE of Appearance by Paula M. Roach on behalf of Dean Nicosia (aty to be noticed) (Roach, Paula)
September 26, 2014 Opinion or Order Filing 16 NOTICE of Appearance by Timothy G. Blood on behalf of Dean Nicosia (aty to be noticed) (Blood, Timothy)
September 26, 2014 Opinion or Order Filing 15 Letter MOTION for Protective Order and stay of all discovery by Amazon.com, Inc.. (Rover, Kevin)
September 25, 2014 Opinion or Order Filing 14 ORDER REFERRING MOTION: #13 Letter MOTION for pre motion conference filed by Amazon.com, Inc. To the extent that plaintiff seeks immediate injunctive relief, such relief is properly sought by filing a motion, accompanied by necessary supporting papers such as a Memorandum of Law and Affidavit of Facts. ( Ordered by Judge Sandra L. Townes on 9/24/2014 ) Motions referred to Marilyn D. Go. (Guzzi, Roseann)
September 25, 2014 Opinion or Order ORDER granting #13 Motion for Pre Motion Conference: A response to the motion #13 is due 09/30/2014. An in person conference to discuss that letter and plaintiff's letter is set for 10/08/2014 at 12:30 p.m. Ordered by Magistrate Judge Marilyn D. Go on 9/25/2014. (Hugh, Lewis)
September 23, 2014 Opinion or Order Filing 13 Letter MOTION for pre motion conference by Amazon.com, Inc.. (Rover, Kevin)
September 22, 2014 Opinion or Order Filing 12 Letter to Honorable Sandra L. Townes by Dean Nicosia (Tusa, Joseph)
August 25, 2014 Opinion or Order ORDER granting #10 Motion for Extension of Time to Answer. Defendant states that it agrees to accept service of the summons and complaint, and the time for defendant to answer is extended to 10/1/2014 on consent. Ordered by Magistrate Judge Marilyn D. Go on 8/25/2014. (Moo-Young, Jillian)
August 21, 2014 Opinion or Order Filing 11 Corporate Disclosure Statement by Amazon.com, Inc. (Snider, David)
August 21, 2014 Opinion or Order Email Notification Test - DO NOT REPLY (Piper, Francine)
August 20, 2014 Opinion or Order Filing 10 MOTION for Extension of Time to File Answer re #1 Complaint by Amazon.com, Inc.. (Snider, David)
August 20, 2014 Opinion or Order Filing 9 NOTICE of Appearance by David Abraham Snider on behalf of Amazon.com, Inc. (aty to be noticed) (Snider, David)
August 20, 2014 Opinion or Order Filing 8 NOTICE of Appearance by Kevin T. Rover on behalf of Amazon.com, Inc. (aty to be noticed) (Rover, Kevin)
August 20, 2014 Opinion or Order ORDER granting #7 Motion for Leave to Appear Pro Hac Vice. The admitted attorney, Paula M. Roach, is permitted to argue or try this action in whole or in part as counsel or advocate for plaintiff Dean Nicosia. Since the docket sheet indicates that the admission fee has been paid, the Clerk of the Court is respectfully requested to enter the appearance of counsel promptly on the docket sheet for this action and to make a notation of the attorney's admission pro hac vice on this Court's roll of attorneys. If not already registered for Electronic Case Filing ("ECF") with this Court, the admitted attorney must register for ECF or submit an application for exemption within two weeks of the date of this order. Ordered by Magistrate Judge Marilyn D. Go on 8/20/2014. Moo-Young, Jillian)
August 20, 2014 Opinion or Order ORDER granting #6 Motion for Leave to Appear Pro Hac Vice. The admitted attorney, Timothy G. Blood, is permitted to argue or try this action in whole or in part as counsel or advocate for plaintiff Dean Nicosia. Since the docket sheet indicates that the admission fee has been paid, the Clerk of the Court is respectfully requested to enter the appearance of counsel promptly on the docket sheet for this action and to make a notation of the attorney's admission pro hac vice on this Court's roll of attorneys. If not already registered for Electronic Case Filing ("ECF") with this Court, the admitted attorney must register for ECF or submit an application for exemption within two weeks of the date of this order. Ordered by Magistrate Judge Marilyn D. Go on 8/20/2014. Moo-Young, Jillian)
August 19, 2014 Opinion or Order Filing 7 MOTION for Leave to Appear Pro Hac Vice for Paula M. Roach Filing fee $ 25, receipt number 0207-7146125. by Dean Nicosia. (Attachments: #1 Affidavit of Paula M. Roach, #2 Proposed Order) (Tusa, Joseph)
August 19, 2014 Opinion or Order Filing 6 MOTION for Leave to Appear Pro Hac Vice for Timothy G. Blood Filing fee $ 25, receipt number 0207-7146097. by Dean Nicosia. (Attachments: #1 Affidavit Affidavit of Timothy G. Blood, #2 Proposed Order) (Tusa, Joseph)
August 8, 2014 Opinion or Order Filing 5 MOTION for Leave to Appear Pro Hac Vice Gregory S. Duncan Filing fee $ 25, receipt number 0207-7124925. by Dean Nicosia. (Attachments: #1 Affidavit, #2 Proposed Order) (Tusa, Joseph)
August 8, 2014 Opinion or Order ORDER granting #5 Motion for Leave to Appear Pro Hac Vice: The admitted attorney, Gregory S. Duncan, is permitted to argue or try this action in whole or in part as counsel or advocate for plaintiff. Since the docket sheet indicates that the admission fee has been paid, the Clerk of the Court is respectfully requested to enter the appearance of counsel promptly on the docket sheet for this action and to make a notation of the attorney's admission pro hac vice on this Court's roll of attorneys. If not already registered for Electronic Case Filing ("ECF") with this Court, the admitted attorney must register for ECF or submit an application for exemption within two weeks of the date of this order. Ordered by Magistrate Judge Marilyn D. Go on 8/8/2014. (Moo-Young, Jillian)
August 6, 2014 Opinion or Order Filing 4 SUMMONS Returned Executed by Dean Nicosia. Amazon.com, Inc. served on 7/30/2014, answer due 8/20/2014. (Attachments: #1 Exhibit A - Summons, #2 Exhibit B - Complaint, #3 Exhibit C - Proof of Service) (Tusa, Joseph)
July 29, 2014 Opinion or Order Filing 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)
July 28, 2014 Opinion or Order Filing 2 Summons Issued as to Amazon.com, Inc.. (Bowens, Priscilla)
July 28, 2014 Opinion or Order Filing 1 COMPLAINT against Amazon.com, Inc. Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Dean Nicosia. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla)
July 28, 2014 Opinion or Order FILING FEE: $ 400, receipt number 4653076869 (Bowens, Priscilla)

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Plaintiff: Dean Nicosia
Represented By: Gregory S. Duncan
Represented By: Joseph S. Tusa
Represented By: Peter D. St. Phillip, Jr.
Represented By: Scott Vincent Papp
Represented By: Timothy G. Blood
Represented By: Paula M. Roach
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Defendant: Amazon.com, Inc.
Represented By: David Abraham Snider
Represented By: Ezra D. Church
Represented By: Gregory T. Parks
Represented By: Jacqueline Gorbey
Represented By: Jawad B. Muaddi
Represented By: Kevin T. Rover
Represented By: Matthew Cooper
Represented By: Regina Schaffer-Goldman
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