Frade v. Luxottica of America Inc.
| Kristi Frade |
| Luxottica of America Inc. |
| 1:2021cv11101 |
| July 2, 2021 |
| US District Court for the District of Massachusetts |
| Indira Talwani |
| Civil Rights: Jobs |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 18 JOINT STATEMENT re scheduling conference . (Shea, Michael) |
| Filing 17 ANSWER to Complaint and Affirmative Defenses by Luxottica of America Inc..(Melnick, Stephen) |
| Filing 16 Judge Indira Talwani: ELECTRONIC ORDER: Following removal of this action, Defendant timely filed a responsive pleading, namely, Defendants Motion to Compel Arbitration, and to Stay or Dismiss #6 . After Plaintiff filed her Opposition #10 , Defendant sought leave to file a reply brief and additional documents. Def.s Mot. Leave #11 . The court granted leave to file the reply, limited to addressing legal arguments raised in Plaintiffs Opposition #10 , but denied leave to argue new factual material or to submit new exhibits. Elec. Order 12 . The court directed Defendant to file the reply as allowed by the court. Id.Rather than comply with the courts order, Defendant has now filed a Notice of Withdrawal of Motion #13 , announcing that it was withdrawing the original motion, and a Renewed Motion to Compel Arbitration, and to Stay or Dismiss #14 , including the exhibits the court had previously disallowed.In light Defendants Notice of Withdrawal of Motion #13 , the court permits the withdrawal of Defendants Motion to Compel Arbitration, and to Stay or Dismiss #6 . Defendants Renewed Motion to Compel Arbitration, and to Stay or Dismiss #14 is denied in part, in that the renewed motion to dismiss the action under Fed. R. Civ. P. 12(b)(6) is denied as untimely, and stayed in part, in that Defendants deadline to answer Plaintiffs Complaint #1 is stayed pending further order. Plaintiff shall file her response to the balance of Defendants Renewed Motion #14 by September 8, 2021. (Kelly, Danielle) |
| Filing 15 MEMORANDUM in Support re #14 MOTION to Compel Arbitration, and to Stay or Dismiss (Renewed) filed by Luxottica of America Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Melnick, Stephen) |
| Filing 14 MOTION to Compel Arbitration, and to Stay or Dismiss (Renewed) by Luxottica of America Inc..(Melnick, Stephen) |
| Filing 13 NOTICE by Luxottica of America Inc. re #6 MOTION to Compel Arbitration, and to Stay or Dismiss, #7 Memorandum in Support of Motion Defendant Luxottica of America, Inc.'s Withdrawal of Motion to Compel Arbitration, and to Stay or Dismiss (Melnick, Stephen) |
| Filing 12 Judge Indira Talwani: ELECTRONIC ORDER allowing in part and denying in part Defendant's Motion for Leave to File Reply #11 . Defendant is granted leave to file a reply brief limited to addressing legal arguments raised in Plaintiff's Opposition #10 , and excluding new factual material and exhibits. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Kelly, Danielle) |
| Filing 11 MOTION for Leave to File Reply in Support of Motion to Compel Arbitration, and to Stay or Dismiss by Luxottica of America Inc.. (Attachments: #1 Exhibit A - Proposed Reply, #2 Reply Exhibit 1, #3 Reply Exhibit 2)(Melnick, Stephen) |
| Filing 10 MEMORANDUM in Opposition re #6 MOTION to Compel Arbitration, and to Stay or Dismiss filed by Kristi Frade. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Shea, Michael) |
| Filing 9 Judge Indira Talwani: ELECTRONIC ORDER ALLOWING #8 Assented to Motion to Continue Scheduling Conference. Scheduling Conference set for 8/23/2021 is RESET to 9/3/2021 02:30 PM in Remote Proceeding : Boston before Judge Indira Talwani. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Kelly, Danielle) |
| Filing 8 Assented to MOTION to Continue Scheduling Conference to September 1, 2021 by Kristi Frade.(Shea, Michael) |
| Filing 7 MEMORANDUM in Support re #6 MOTION to Compel Arbitration, and to Stay or Dismiss filed by Luxottica of America Inc.. (Attachments: #1 Exhibit A)(Melnick, Stephen) |
| Filing 6 MOTION to Compel Arbitration, and to Stay or Dismiss by Luxottica of America Inc..(Melnick, Stephen) |
| Filing 5 NOTICE of Scheduling Conference. PLEASE SEE attached Notice. Scheduling Conference set for 8/23/2021 02:15 PM in Remote Proceeding : Boston before Judge Indira Talwani. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.(MacDonald, Gail) |
| Filing 4 Certified Copy of Notice of Removal Provided to Defense Counsel by Email. (Kelly, Danielle) |
| Filing 3 ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein. (Finn, Mary) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Luxottica of America Inc.. (Melnick, Stephen) |
| Filing 1 NOTICE OF REMOVAL by Luxottica of America Inc. ( Filing fee: $ 402, receipt number 0101-8844684 Fee Status: Filing Fee paid) (Attachments: #1 Exhibit A - Superior Court Complaint, #2 Exhibit B - Notice of Filing Removal to State Court, #3 Civil Cover Sheet, #4 Category Form)(Melnick, Stephen) |
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| Defendant: Luxottica of America Inc. | |
| Represented By: | Stephen T. Melnick, III |
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| Plaintiff: Kristi Frade | |
| Represented By: | Michael O. Shea |
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