Birittieri v. Whole Foods Market Group, Inc. et al
| Tony Birittieri |
| Whole Foods Market Group Inc and Whole Foods Market |
| 3:2023cv00292 |
| February 28, 2023 |
| US District Court for the District of Connecticut |
| Kari A Dooley |
| Maria E Garcia |
| Sarala V Nagala |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Plaintiff |
Docket Report
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| Filing 43 MOTION to Dismiss Amended Complaint by Whole Foods Market Group Inc.Responses due by 5/10/2023 (Attachments: #1 Memorandum in Support of Motion to Dismiss)(Rinehart, Lindsay) |
Filing 42
ORDER OF TRANSFER. Case reassigned to Judge Kari A. Dooley for all further proceedings. Signed by Judge Sarala V. Nagala on 4/13/2023.(Bozek, M.)
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| Filing 41 Disclosure Statement (Rule 7.1) by Whole Foods Market Group Inc identifying Corporate Parent Whole Foods Market, Inc. for Whole Foods Market Group Inc. (Alexander, Lori) |
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Filing 40
ORDER. In the notice at ECF No. 27, the Clerk stated that all nongovernmental corporate parties must file a disclosure statement that identifies any parent corporation and any publicly held corporation owning 10% or more of its stock or states that there is no such corporation. This filing should have been made along with Defendant's initial appearance. As no such filing has been made, it is hereby ORDERED that no later than April 13, 2023, Defendant shall file such a disclosure statement. Signed by Judge Sarala V. Nagala on 04/10/2023. (Kuegler, Adam)
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| Filing 39 NOTICE of Appearance by Lindsay M. Rinehart on behalf of Whole Foods Market Group Inc (Rinehart, Lindsay) |
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Filing 38
SCHEDULING ORDER: Discovery due by December 20, 2023. Dispositive Motions due by January 29, 2024. Status Report due by September 20, 2023. Status Report due by January 3, 2024.All further deadlines are set forth in the attached scheduling order. Note that some of the dates in the scheduling order differ from those proposed by the parties' Rule 26(f) Report.Signed by Judge Sarala V. Nagala on 03/21/2023. (Kuegler, Adam)
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| Set deadlines per #38 Scheduling Order: status report due by 9-20-2023; discovery due by 12-20-2023; status report due by 1-3-2024; and dispositive motions due by 1-29-2024. (Shafer, J.) |
| Filing 37 NOTICE of Appearance by Lori B. Alexander on behalf of Whole Foods Market Group Inc (Alexander, Lori) |
| Filing 36 REPORT of Rule 26(f) Planning Meeting. (Alexander, Lori) |
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Filing 35
ORDER: Initial Discovery Protocols. Signed by Judge Sarala V. Nagala on 3/15/2023.(Bozek, M.)
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| Set Deadline: Rule 26 Meeting Report due by 3/20/2023. (Bozek, M.) |
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Filing 33
ORDER. By March 20, 2023, the attorneys of record and any unrepresented parties must confer for the purposes described in Fed. R. Civ. P. 26(f) and, pursuant to Local Rule 26(f), jointly file a report of the conference using Form 26(f). Signed by Judge Sarala V. Nagala on 03/07/2023. (Kuegler, Adam)
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| Filing 32 Notice to counsel in transferred case. Signed by Clerk on 3/6/2023. (Mendez, D) |
| Filing 34 NOTICE re Initial Discovery Protocols. Signed by Clerk on 2/28/2023. (Attachments: #1 Identification of Initial Discovery Protocol for Employment Cases)(Bozek, M.) |
| Filing 31 NOTICE: ANY MOTIONS PENDING AT THE TIME OF TRANSFER MUST BE REFILED IN OUR DISTRICT. Signed by Clerk on 2/28/2023. (Mendez, D) |
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Filing 30
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Sarala V. Nagala on 2/28/2023. (Mendez, D)
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Filing 29
STANDING PROTECTIVE ORDER. Signed by Judge Sarala V. Nagala on 2/28/2023. (Mendez, D)
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Filing 28
Order on Pretrial Deadlines: Amended Pleadings due by 4/29/2023. Discovery due by 8/30/2023. Dispositive Motions due by 10/4/2023. Signed by Clerk on 2/28/2023. (Mendez, D)
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| Filing 27 Notice: Pursuant to Federal Rule of Civil Procedure 7.1, any nongovernmental corporate party must electronically file a disclosure statement that identifies any parent corporation and any publicly held corporation owning 10% or more of its stock or states that there is no such corporation. Such disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 2/28/2023. (Mendez, D) |
| NOTICE TO COUNSEL NOT ADMITTED TO THE BAR OF THE US DISTRICT COURT OF CONNECTICUT Re: Local Rule 83.1 Admission of Attorneys. The above captioned case has been received and filed in our court. Please see our Local Rule 83.1 regarding Admission of Attorneys that is available on our website at www.ctd.uscourts.gov. You will not be added to the case, nor will we accept further filings until you have complied with Local Rule 83.1. If you have any questions about this procedure, please contact the Clerk's Office. Signed by Clerk on 2/28/2023. (Mendez, D) |
| Filing 26 Case transferred in from District of New York Southern; Case Number 7:21-cv-08703. Electronic file certified copy of transfer order and docket sheet received. (Freberg, B). |
| Judge Sarala V. Nagala and Judge Maria E. Garcia added. (Freberg, B) |
| Filing 25 CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of Connecticut.(ate) |
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Filing 24
OPINION & ORDER re: #17 MOTION to Dismiss Amended Complaint. filed by Whole Foods Market Group, Inc. For the foregoing reasons, Defendant's motion is GRANTED in part and DENIED in part. The Court determines that it lacks personal jurisdiction over the Defendant. In the interest of justice, however, the Court respectfully directs the Clerk of the Court to TRANSFER the action without delay to the District of Connecticut, which based on the pleadings has personal jurisdiction over the Defendant. Because this Court does not have personal jurisdiction over the Defendant, this Court declines to rule on the merits of Plaintiff's claims. See, e.g., One Techs., LLC v. Amazon.com, Inc., 860 F. App'x 785, 788 (2d Cir. 2021) ("Because the District Court had no jurisdiction over Inc. and because venue was improper as to Services, it lack[ed] power to dismiss a complaint for failure to state a claim" (internal quotations omitted).). The Clerk of Court is directed to terminate the motion at ECF No. 17. The Clerk of Court need not adhere to Local Rule 83.1 and may transfer this action to the District of Connecticut immediately. (Signed by Judge Nelson Stephen Roman on 2/28/2023) (ate)
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Filing 23
ORDER granting #22 Motion to Withdraw as Attorney. Pltf counsel Michael Anderson's request to withdraw as counsel of record is GRANTED. The Clerk of Court is directed to terminate his appearance and to terminate the motion at ECF No. 22. SO ORDERED. Attorney Michael Christopher Anderson terminated. (Signed by Judge Nelson Stephen Roman on 2/22/2023) (tg)
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| Filing 22 FIRST MOTION for Michael C. Anderson to Withdraw as Attorney . Document filed by Tony Birittieri..(Anderson, Michael) |
| Filing 21 NOTICE OF APPEARANCE by Olivia Marie Clancy on behalf of Tony Birittieri..(Clancy, Olivia) |
| Filing 20 REPLY MEMORANDUM OF LAW in Support re: #17 MOTION to Dismiss Amended Complaint. . Document filed by Whole Foods Market Group, Inc...(Wirtz, David) |
| Filing 19 DECLARATION of Nancy Castillo in Support re: #17 MOTION to Dismiss Amended Complaint.. Document filed by Whole Foods Market Group, Inc...(Wirtz, David) |
| Filing 18 MEMORANDUM OF LAW in Support re: #17 MOTION to Dismiss Amended Complaint. . Document filed by Whole Foods Market Group, Inc...(Wirtz, David) |
| Filing 17 MOTION to Dismiss Amended Complaint. Document filed by Whole Foods Market Group, Inc...(Wirtz, David) |
| Filing 16 MEMORANDUM OF LAW in Opposition re: #11 LETTER MOTION for Conference concerning Defendants' anticipated Motion to Dismiss #1 Plaintiff's Complaint addressed to Judge Nelson Stephen Roman from David M. Wirtz dated January 14, 2022. Opposition to Defendant's Motion to Dismiss. Document filed by Tony Birittieri..(Anderson, Michael) |
| *** Party Whole Foods Market terminated. (pc) |
| Filing 15 FIRST AMENDED COMPLAINT amending #1 Complaint, against Whole Foods Market Group, Inc. with JURY DEMAND.Document filed by Tony Birittieri. Related document: #1 Complaint,. (Attachments: #1 Exhibit EEOC Charge, #2 Exhibit RTS Letter).(Anderson, Michael) |
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Filing 14
ORDER terminating #11 Letter Motion for Conference re: #11 LETTER MOTION for Conference concerning Defendants' anticipated Motion to Dismiss #1 Plaintiff's Complaint addressed to Judge Nelson Stephen Roman from David M. Wirtz dated January 14, 2022. The Court is in receipt of the attached letter from Defendants, dated January 14, 2022, seeking leave to file a motion to dismiss Plaintiff's Complaint, and of the attached response from Plaintiff, dated January 20, 2022, seeking leave to file an amended complaint. After due consideration, the Court (1) grants Plaintiff leave to file an amended complaint on or before February 9, 2022; and (2) waives the pre-motion conference requirement and grants Defendants leave to file their motion pursuant to the following briefing schedule: (1)Defendants' moving papers are to be served (not filed) on March 11, 2022; (2)Plaintiff's opposition papers are to be served (not filed) on April 11, 2022; and (3)Defendants' reply papers are to be served on April 25, 2022. All motion papers are to be filed by the parties on the reply date, April 25, 2022. The parties are directed to provide Chambers with two physical courtesy copies of their motion papers on the same date they are served on opposing counsel. The parties are further directed to provide the Court with an electronic courtesy copy of the motion papers as they are served per this Court's local emergency civil rules. The Clerk of the Court is directed to terminate the motion at ECF No. 11. (Signed by Judge Nelson Stephen Roman on 1/20/2022) (ate)
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| Filing 13 FIRST LETTER addressed to Judge Nelson Stephen Roman from Michael C. Anderson, Esq. dated January 20, 2022 re: Response to Letter Motion (Conference). Document filed by Tony Birittieri..(Anderson, Michael) |
| Set/Reset Deadlines: Motions due by 4/25/2022. (ate) |
| Filing 12 NOTICE OF APPEARANCE by Emma Jane Diamond on behalf of Whole Foods Market, Whole Foods Market Group, Inc...(Diamond, Emma) |
| Filing 11 LETTER MOTION for Conference concerning Defendants' anticipated Motion to Dismiss #1 Plaintiff's Complaint addressed to Judge Nelson Stephen Roman from David M. Wirtz dated January 14, 2022. Document filed by Whole Foods Market, Whole Foods Market Group, Inc...(Wirtz, David) |
| Filing 10 NOTICE OF APPEARANCE by David Wirtz on behalf of Whole Foods Market, Whole Foods Market Group, Inc...(Wirtz, David) |
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Filing 9
STIPULATION: IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for the respective parties, that Defendants Whole Foods Market Group, Inc., d/b/a Whole Foods Market time to answer or otherwise respond to the Complaint in this action shall be extended up to and including Monday, January, 17, 2022. SO ORDERED. Whole Foods Market answer due 1/17/2022; Whole Foods Market Group, Inc. answer due 1/17/2022. (Signed by Judge Nelson Stephen Roman on 1/12/2022) (ate)
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Filing 8
ORDER granting #7 Letter Motion for Extension of Time to Answer re #7 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, #6 Affidavit of Service Complaints addressed to Judge Nelson Stephen Roman from Anastasia Stylianou dated December 13, 2021., #1 Complaint. Defendant's request for an extension of time to file an Answer is GRANTED. Defendant is directed to file an Answer or respond to the Complaint on or by January 10, 2022. The Clerk of Court is kindly directed to terminate the motion at ECF No. 7. Whole Foods Market Group, Inc. answer due 1/10/2022. (Signed by Judge Nelson Stephen Roman on 12/16/2021) (ate)
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| Filing 7 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, #6 Affidavit of Service Complaints addressed to Judge Nelson Stephen Roman from Anastasia Stylianou dated December 13, 2021. Document filed by Whole Foods Market Group, Inc.. Return Date set for 1/10/2022 at 05:00 PM..(Stylianou, Anastasia) |
| Filing 6 AFFIDAVIT OF SERVICE. Whole Foods Market served on 11/19/2021, answer due 12/10/2021. Service was accepted by Laz Carrasco, Managing Agent of Corporation. Document filed by Tony Birittieri..(Anderson, Michael) |
| Filing 5 AFFIDAVIT OF SERVICE. Whole Foods Market Group, Inc. served on 11/3/2021, answer due 11/24/2021. Service was accepted by Nancy Dougherty, Secretary of State. Document filed by Tony Birittieri..(Anderson, Michael) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Whole Foods Market, Whole Foods Market Group, Inc...(gp) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Christopher Anderson. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 445 (Civil Rights: Americans with Disabilities - Employment); Dollar Demand $1,000,000,000;. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 442 (Civil Rights: Jobs). The Dollar Demand has been modified to Not Indicated. (gp) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Nelson Stephen Roman. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(gp) |
| Magistrate Judge Judith C. McCarthy is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (gp) |
| Case Designated ECF. (gp) |
| Filing 3 CIVIL COVER SHEET filed..(Anderson, Michael) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to WHOLE FOODS MARKET GROUP, INC. and WHOLE FOODS MARKET, re: #1 Complaint,. Document filed by Tony Birittieri..(Anderson, Michael) |
| Filing 1 COMPLAINT against Whole Foods Market, Whole Foods Market Group, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25235241)Document filed by Tony Birittieri. (Attachments: #1 Exhibit EEOC Charge, #2 Exhibit Notice of RTS).(Anderson, Michael) |
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