Simmons v. Delta Galil USA Inc.
Plaintiff: Ashley Simmons
Defendant: Delta Galil USA Inc. doing business as Delta Galil Premium also known as 7 For All Mankind and Delta Galil USA Inc. doing business as Delta Galil Premium Brands also known as 7 For All Mankind
Case Number: 1:2022cv03943
Filed: September 29, 2022
Court: US District Court for the Northern District of Georgia
Presiding Judge: Steven D Grimberg
Referring Judge: Catherine M Salinas
2 Judge: Richard W Story
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42 U.S.C. § 1981 Race Discrimination
Jury Demanded By: Both
Docket Report

This docket was last retrieved on May 19, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 19, 2023 Opinion or Order Filing 53 ORDER transferring this case to the Gainesville Division for further proceedings. Signed by Magistrate Judge J. Clay Fuller on 05/19/2023. (ddm)
May 19, 2023 Intradistrict Transfer to Gainesville, new case number 2:23-CV-98, Assigned to Judge Richard W. Story. (ddm)
May 18, 2023 Opinion or Order Filing 52 ORDER REASSIGNING CASE. Case reassigned to Judge Richard W. Story and Magistrate Judge J. Clay Fuller for all further proceedings. Judge Steven D. Grimberg, Magistrate Judge Catherine M. Salinas no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:22-cv-3943-RWS-JCF. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Timothy C. Batten, Sr. on 5/18/2023. (dmb)
May 1, 2023 Filing 51 CERTIFICATE OF SERVICE Plaintiff's Responses to Requests for Admissions by Ashley Simmons.(Mixon, John)
May 1, 2023 Filing 50 CERTIFICATE OF SERVICE Responses to Interrogatories by Ashley Simmons.(Mixon, John)
May 1, 2023 Filing 49 CERTIFICATE OF SERVICE Plaintiff's Responses to First Requests for Production by Ashley Simmons.(Mixon, John)
April 28, 2023 Opinion or Order Filing 48 CONSENT PROTECTIVE ORDER re #47 Motion for Protective Order. Signed by Magistrate Judge Catherine M. Salinas on 4/28/2023. (tas)
April 27, 2023 Filing 47 Consent MOTION for Protective Order by Delta Galil USA Inc.. (Tobi, Yael)
April 27, 2023 Opinion or Order ORDER {by Docket Entry Only}: The #46 Application for Admission of Kathryn Elizabeth LaQuay Pro Hac Vice is hereby GRANTED. Ordered by Judge Steven D. Grimberg on 4/27/23. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(ceo)
April 27, 2023 Clerk's Certificate of Mailing as to Kathryn LaQuay re Docket Order on Application for Admission PHV. (ceo)
April 25, 2023 APPROVAL by Clerks Office re: #46 APPLICATION for Admission of Kathryn Elizabeth LaQuay Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12551822). Attorney Kathryn Elizabeth LaQuay added appearing on behalf of Delta Galil USA Inc. (rvb)
April 24, 2023 Filing 46 APPLICATION for Admission of Kathryn Elizabeth LaQuay Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12551822).by Delta Galil USA Inc.. (Duerr, Douglas) Documents for this entry are not available for viewing outside the courthouse.
April 24, 2023 Filing 45 CERTIFICATE OF SERVICE re #39 Notice to Take Deposition Response to Plaintiff's Notice of Deposition of Katie Muniz by Delta Galil USA Inc..(Tobi, Yael)
April 24, 2023 Filing 44 CERTIFICATE OF SERVICE re #38 Notice to Take Deposition Response to Plaintiff's Notice of Deposition of Sydney Mari by Delta Galil USA Inc..(Tobi, Yael)
April 24, 2023 Filing 43 CERTIFICATE OF SERVICE re #37 Notice to Take Deposition Response to Plaintiff's Notice of Deposition of Jennifer Gonzalez by Delta Galil USA Inc..(Tobi, Yael)
April 24, 2023 Filing 42 CERTIFICATE OF SERVICE re #36 Notice to Take Deposition Response of Defendant Delta Galil USA Inc. and Third Party DG Premium Brands LLC to Plaintiff's Notice of Third Party 30(b)(6) Deposition of DG Premium Brands LLC by Delta Galil USA Inc..(Tobi, Yael)
April 24, 2023 Filing 41 CERTIFICATE OF SERVICE re #35 Notice to Take Deposition Response to Plaintiff's Notice of 30(b)(6) Deposition of Delta Galil USA Inc. by Delta Galil USA Inc..(Tobi, Yael)
April 21, 2023 Filing 40 AFFIDAVIT of Service for Subpoena to Testify at a Deposition , as to DG Premium Brands LLC. (Mixon, John)
April 11, 2023 Filing 39 NOTICE to Take Deposition of Katie Muniz filed by Ashley Simmons (Mixon, John)
April 11, 2023 Filing 38 NOTICE to Take Deposition of Sydney Mari filed by Ashley Simmons (Mixon, John)
April 11, 2023 Filing 37 NOTICE to Take Deposition of Jennifer Gonzalez filed by Ashley Simmons (Mixon, John)
April 11, 2023 Filing 36 NOTICE to Take Deposition of DG Premium Brands LLC filed by Ashley Simmons (Mixon, John)
April 11, 2023 Filing 35 NOTICE to Take Deposition of Delta Galil USA filed by Ashley Simmons (Mixon, John)
April 4, 2023 Opinion or Order Filing 34 ORDER DENYING Plaintiff's #24 First Motion to Amend Complaint. Signed by Magistrate Judge Catherine M. Salinas on 4/4/2023. (ane)
March 30, 2023 Filing 33 REPLY BRIEF re #24 First MOTION to Amend Complaint filed by Ashley Simmons. (Attachments: #1 Exhibit EEOC Charge, #2 Exhibit D Position Statement to EEOC, #3 Exhibit D Position Statement Exhibits, #4 Exhibit Email, #5 Affidavit Mixon Decl)(Mixon, John)
March 16, 2023 Filing 32 CERTIFICATE OF SERVICE of NOTICE to Take Deposition of Plaintiff Ashley Simmons filed by Delta Galil USA Inc. (Tobi, Yael) Modified to edit event text on 3/17/2023 (aaq).
March 16, 2023 Filing 31 CERTIFICATE OF SERVICE Defendant Delta Galil USA Inc.'s Notice of Deposition of Plaintiff Ashley Simmons and Request to Supplement Rule 34 Request for Production of Documents by Delta Galil USA Inc..(Tobi, Yael)
March 16, 2023 Filing 30 CERTIFICATE OF SERVICE Defendant Delta Galil USA Inc.'s Interrogatories to Plaintiff Ashley Simmons (Set One) by Delta Galil USA Inc..(Tobi, Yael)
March 16, 2023 Filing 29 CERTIFICATE OF SERVICE Defendant Delta Galil USA Inc.'s First Set of Requests for Production of Documents and Other Electronically Stored Information by Delta Galil USA Inc..(Tobi, Yael)
March 16, 2023 Filing 28 CERTIFICATE OF SERVICE Defendant Delta Galil USA Inc.'s Request for Admissions to Plaintiff Ashley Simmons (Set One) by Delta Galil USA Inc..(Tobi, Yael)
March 16, 2023 Filing 27 AFFIDAVIT re #25 Response in Opposition to Motion,,, Declaration of Jamie Chu ISO Defendant Delta Galil USA Inc.'s Opposition to Plaintiff's Motion to Amend Complaint by Delta Galil USA Inc.. (Tobi, Yael)
March 16, 2023 Filing 26 NOTICE by Delta Galil USA Inc. re #24 First MOTION to Amend Complaint, #25 Response in Opposition to Motion,,, Request for Judicial Notice ISO of Deft. Delta Galil USA Inc.'s Opposition to Plaintiff's Motion to Amend Complaint (Attachments: #1 Exhibit A)(Tobi, Yael)
March 16, 2023 Filing 25 RESPONSE in Opposition re #24 First MOTION to Amend Complaint Defendant Delta Galil USA Inc.'s Opposition to Plaintiff's Motion to Amend Complaint filed by Delta Galil USA Inc.. (Attachments: #1 Declaration of Kate LaQuay ISO Defendant Delta Galil USA Inc.s Opposition to Plaintiffs Motion to Amend Complaint, #2 Exhibit 1 to Declaration of Kate LaQuay, #3 Exhibit 2 to Declaration of Kate LaQuay, #4 Exhibit 3 to Declaration of Kate LaQuay, #5 Exhibit 4 to Declaration of Kate LaQuay, #6 Exhibit 5 to Declaration of Kate LaQuay, #7 Exhibit 6 to Declaration of Kate LaQuay, #8 Exhibit 7 to Declaration of Kate LaQuay, #9 Exhibit 8 to Declaration of Kate LaQuay, #10 Exhibit 9 to Declaration of Kate LaQuay, #11 Exhibit 10 to Declaration of Kate LaQuay, #12 Exhibit 11 to Declaration of Kate LaQuay, #13 Exhibit 12 to Declaration of Kate LaQuay, #14 Exhibit 13 to Declaration of Kate LaQuay)(Tobi, Yael)
March 2, 2023 Filing 24 First MOTION to Amend Complaint by Ashley Simmons. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Exhibit Amended Complaint, #3 Exhibit Joint Preliminary Report)(Mixon, John)
February 17, 2023 Filing 23 CERTIFICATE OF SERVICE Defendant Delta Galil USA Inc.'s Responses to Plaintiff's First Set of Interrogatories by Delta Galil USA Inc..(Tobi, Yael)
February 2, 2023 Filing 22 CERTIFICATE OF SERVICE Defendant Delta Galil USA Inc.'s Responses to Plaintiff's Requests for Production of Documents and Other Electronically Stored Information by Delta Galil USA Inc..(Tobi, Yael)
January 18, 2023 Filing 21 CERTIFICATE OF SERVICE re: Initial Disclosures by Delta Galil USA Inc..(Tobi, Yael) Modified to edit event text on 1/19/2023 (aaq).
January 18, 2023 Filing 20 CERTIFICATE OF SERVICE Plaintiff's First Interrogatories to Defendant by Ashley Simmons.(Mixon, John)
January 18, 2023 Filing 19 First Initial Disclosures by Ashley Simmons.(Mixon, John)
January 18, 2023 Opinion or Order Filing 18 SCHEDULING ORDER: re: #17 Joint Preliminary Report and Discovery Plan. The parties are ORDERED to read this Order carefully and to comply with all of its requirements. For purposes of this case, the attached Order modifying Local Rule 56.1 changes the way the parties prepare their statements of material facts for motions for summary judgment, and will be in effect. The parties' request appearing reasonable, it is hereby GRANTED. The six month discovery period now ends on July 18, 2023. Signed by Magistrate Judge Catherine M. Salinas on 1/18/2023. (gas)
January 17, 2023 Filing 17 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Delta Galil USA Inc.. (Tobi, Yael)
January 16, 2023 Filing 16 Request for Leave of Absence for the following date(s): 03/06/2023-03/17/2023, by John Stephen Mixon, Jr. (Attachments: #1 Text of Proposed Order)(Mixon, John)
January 3, 2023 Filing 15 CERTIFICATE OF SERVICE Plaintiff's Early Discovery Request by Ashley Simmons.(Mixon, John)
December 21, 2022 Opinion or Order ORDER granting #10 Application for Admission Pro Hac Vice of Yael Tobi by direction of the Office of the Clerk. APPROVED by Judge Steven D. Grimberg on 12/20/2022. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(slc)
December 19, 2022 Filing 14 Certificate of Interested Persons and Corporate Disclosure Statement by Delta Galil USA Inc. identifying Corporate Parent Delta Galil Industries, Ltd., Other Affiliate DG Premium Brands LLC for Delta Galil USA Inc.. (Duerr, Douglas)
December 19, 2022 Filing 13 ANSWER to #1 COMPLAINT with Jury Demand by Delta Galil USA Inc.. Discovery ends on 5/18/2023.(Duerr, Douglas) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
December 16, 2022 APPROVAL by Clerks Office re: #10 APPLICATION for Admission of Yael Tobi Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12258139). Attorney Yael Tobi added appearing on behalf of Delta Galil USA Inc. (pdt)
December 14, 2022 Opinion or Order Filing 12 ORDER granting Consent Motion to Set Aside Default #11 . There shall be no default entered against Defendant, and Defendant shall have through and including December 19, 2022, to answer or otherwise respond to the Complaint. Signed by Magistrate Judge Catherine M. Salinas on 12/14/2022. (gas)
December 13, 2022 Filing 11 Consent MOTION to Set Aside Default by Delta Galil USA Inc.. (Attachments: #1 Text of Proposed Order)(Duerr, Douglas)
December 13, 2022 Filing 10 APPLICATION for Admission of Yael Tobi Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12258139).by Delta Galil USA Inc.. (Duerr, Douglas) Documents for this entry are not available for viewing outside the courthouse.
December 13, 2022 Opinion or Order Filing 9 ---DOCUMENT FILED IN ERROR--- ORDER: The parties are ORDERED to confer and submit a proposed Consolidated Pretrial Order on or before December 23, 2022. Failure to do so will result in a recommendation that this action be dismissed for failure to prosecute. Signed by Magistrate Judge Regina D Cannon on 12/13/2022. (gas) Modified on 12/13/2022 (gas).
December 13, 2022 Opinion or Order Filing 8 Consent Order granting Substitution of Attorney #7 . The substitution of attorney Tracie Johnson Maurer is hereby approved and so ORDERED. Signed by Magistrate Judge Catherine M. Salinas on 12/13/2022. (gas)
December 12, 2022 Filing 7 Certification of Consent to Substitution of Counsel. Douglas Hanson Duerr replacing attorney Tracie Johnson Maurer. (Attachments: #1 Text of Proposed Order Certificate of Consent)(Duerr, Douglas) Modified on 12/13/2022 to edit event (gas).
November 29, 2022 Filing 6 First Certificate of Interested Persons by Ashley Simmons. (Mixon, John)
November 29, 2022 Opinion or Order Filing 5 ORDER (by docket entry only) GRANTING #4 Defendant's Unopposed Motion for Extension of Time to Answer. Defendant's deadline to file its answer or other response to Plaintiff's complaint is extended to and through December 6, 2022. Ordered by Magistrate Judge Catherine M. Salinas on 11/29/2022. (drg)
November 28, 2022 Filing 4 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, by Delta Galil USA Inc.. (Maurer, Tracie)
October 28, 2022 Filing 3 WAIVER OF SERVICE Returned Executed by Delta Galil USA Inc.. All Defendants. (Maurer, Tracie)
September 29, 2022 Filing 2 Electronic Summons Issued as to Delta Galil USA Inc. (tas)
September 29, 2022 Filing 1 COMPLAINT with Jury Demand filed by Ashley Simmons. (Filing fee $402, receipt number AGANDC-12100688) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(tas) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form.

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Plaintiff: Ashley Simmons
Represented By: John Stephen Mixon, Jr
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Defendant: Delta Galil USA Inc. doing business as Delta Galil Premium also known as 7 For All Mankind
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Defendant: Delta Galil USA Inc. doing business as Delta Galil Premium Brands also known as 7 For All Mankind
Represented By: Kathryn Elizabeth LaQuay
Represented By: Yael Tobi
Represented By: Tracie Johnson Maurer
Represented By: Douglas Hanson Duerr
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