Ariza et al v. Luxottica Retail North America
| David Soukup, Luxottica Retail North America Inc., Yesenia Ariza, Amy Harloff, Stuart Rogoff, Melissa Verrastro, Thomas Allegra and Mariana Elise Emmert |
| Luxottica Retail North America Inc. doing business as Lenscrafters |
| Gracelynn Tenaglia and Kathleen Infante |
| 1:2017cv05216 |
| September 5, 2017 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Lois Bloom |
| Pamela K Chen |
| Roanne L Mann |
| Fraud or Truth-In-Lending |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 12, 2023. A more recent docket listing may be available from PACER.
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Filing 306
STATUS REPORT Joint Status Report re Class Notice by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro (Attachments: #1 Exhibit 1 - Declaration of Eric Shachter, #2 Exhibit A - AB Data CV, #3 Exhibit B - Short Form Notice, #4 Exhibit C - Long Form Notice) (Graber, Geoffrey)
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Case Reassigned to Magistrate Judge Lois Bloom. Mag. Judge Roanne L. Mann 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. (TL)
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Filing 305
APPROVAL re #304 Motion for Refund of Fees Paid Electronically. The duplicate payment has been verified and the $150 filing fee, Receipt No. ANYEDC-16223481 is to be refunded. Signed Brenna B. Mahoney, Clerk of Court by Tiffeny Lee-Harris, Case Administration Manager on 12/19/2022. (fwd'd for processing) (TL)
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Filing 304
MOTION for Refund of Fees Paid Electronically by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Kathleen Infante, Stuart Rogoff, David Soukup, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Receipt 12/13/22, #2 Receipt 12/15/22) (Torchiana, Claire)
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TERMINATION OF #301 Motion for Refund of Fees Paid Electronically. Counsel's request can not be processed as submitted. Please refile the motion containing both an explanation of what occurred and copies of all receipts showing proof of payment. Signed Brenna B. Mahoney, Clerk of Court by Tiffeny Lee-Harris, Case Administration Manager on 12/16/2022. (TL)
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ORDER granting in substantial part #303 Motion for Extension of Time to File. While skeptical that the parties need more than a year to negotiate a reasonable fee to be awarded to defendant as a sanction, see generally Memorandum & Order (Mar. 31, 2022), DE #280, the Court grants their joint request for a six-month extension to the following extent: By June 2, 2023, the parties shall file a joint status report confirming that the fee dispute has been resolved or seeking judicial intervention to resolve that dispute. As for the parties' request that "[p]laintiffs' motion to compel (Docket No. 216) be held in abeyance," that motion has already been granted by the Court, in the aforementioned M&O. To the extent that the parties are seeking to hold the enforcement of that order in abeyance, the Court grants that request. Ordered by Magistrate Judge Roanne L. Mann on 12/16/2022. (JP)
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Filing 303
Joint MOTION for Extension of Time to File Status Report re Negotiation of Expert Fees Pursuant to Order dated May 20, 2022 by Luxottica Retail North America Inc.. (Dante, Frank)
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Filing 302
NOTICE of Appearance by Claire Torchiana on behalf of Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, David Soukup, Gracelynn Tenaglia, Melissa Verrastro (notification declined or already on case) (Torchiana, Claire)
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Filing 301
MOTION for Refund of Fees Paid Electronically by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Kathleen Infante, Stuart Rogoff, David Soukup, Gracelynn Tenaglia, Melissa Verrastro. (Torchiana, Claire)
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Filing 300
MOTION to Appear Pro Hac Vice CLAIRE TORCHIANA Filing fee $ 150, receipt number ANYEDC-16229853. by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, David Soukup, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Affidavit in Support, #2 Certificate of Good Standing) (Torchiana, Claire)
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ORDER granting #300 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Roanne L. Mann on 12/15/2022. (LK)
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Filing 299
Letter Regarding Service of LensCrafters' Motion to Exclude Expert Testimony by Luxottica Retail North America Inc. (Dante, Frank)
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Filing 298
Letter Regarding Service of LensCrafters' Motion for Summary Judgment by Luxottica Retail North America Inc. (Dante, Frank)
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Filing 297
Letter Regarding Service of Plaintiffs' Motion to Exclude Expert Testimony by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro (Graber, Geoffrey)
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Filing 296
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on June 14, 2022, before Judge Pamela K. Chen. Court Reporter/Transcriber Linda D. Danelczyk, Telephone number 718-613-2330. Email address: LindaDan226@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 11/17/2022. Redacted Transcript Deadline set for 11/27/2022. Release of Transcript Restriction set for 1/25/2023. (Danelczyk, Linda)
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ORDER granting #295 Motion to Withdraw as Attorney. Attorney Paul M. Stephan terminated. Ordered by Magistrate Judge Roanne L. Mann on 8/11/2022. (LK)
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Filing 295
MOTION to Withdraw as Attorney by Paul M. Stephan for Plaintiffs by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Declaration of Paul M. Stephan in compliance with Local Rule 1.4) (Stephan, Paul)
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NOTICE of Hearing: The conference scheduled for June 14, 2022 at 2 p.m. will be held in Courtroom 6E North. (Gonzalez, Fida)
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Filing 293
RESPONSE in Opposition re #291 Letter MOTION for Leave to File Document Motion for Leave to File Sur-Reply filed by Luxottica Retail North America Inc.. (Dante, Frank)
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ORDER: At the February 16, 2022 status conference, the Court set the following deadlines on the issue of class notice: "Plaintiffs shall share a proposed draft with Defendant on or before March 11, 2022; Plaintiffs shall file on the docket a proposed draft on or before April 15, 2022; Defendant shall provide Plaintiffs with the names and contact information (including all available email addresses) for all class members on or before June 3, 2022, and the Court will hold a conference about the proposed notice at 2 p.m. on June 14, 2022. Prior to the conference, the parties will be permitted to submit letters to the Court about any outstanding issues with the proposed notice." (02/16/2022 Minute Entry.)The Court is not aware what conversations took place between the parties. However, on April 15, 2022, Plaintiffs filed a motion for approval of class notice; Defendant submitted an opposition on April 29, 2022; and Plaintiffs filed a reply on May 6, 2022. (Dkts. 283, 285, 286.) The parties did not request leave to submit briefing on this issue, and the Court did not ask for or approve it. Nonetheless, the Court infers from the parties' unsolicited briefing that they were unable to reach agreement on the language of the proposed class notice, and the Court will resolve this dispute at the June 14, 2022 conference. Defendants are advised, however, that they still must provide Plaintiffs, by June 3, 2022, the names and contact information (including all available email addresses) for all class members. Ordered by Judge Pamela K. Chen on 5/23/2022. (Stephan, Keegan)
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ORDER DE #292: The Court grants the parties request for a six-month extension, which should have been docketed as an ECF motion event; the new deadline is December 19, 2022. Ordered by Magistrate Judge Roanne L. Mann on 5/20/2022. (LK)
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Filing 292
STATUS REPORT Joint Status Report re Negotiation of Expert Fees Pursuant to Order dated March 31, 2022 #280 by Luxottica Retail North America Inc. (Dante, Frank)
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Filing 291
Letter MOTION for Leave to File Document Motion for Leave to File Sur-Reply by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Exhibit A, #2 Exhibit B) (Graber, Geoffrey)
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Filing 290
MEMORANDUM in Opposition re #288 MOTION for Partial Summary Judgment filed by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Rule 56.1 Statement Rule 56.1 Statement, #2 Declaration Stephan Declaration, #3 Exhibit Ex. 1: 2/16/22 Hearing Transcript, #4 Exhibit Ex. 2: Letter from Counsel, #5 Exhibit Ex. 3: Emails Between Counsel) (Graber, Geoffrey)
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Filing 289
REPLY in Support re #288 MOTION for Partial Summary Judgment filed by Luxottica Retail North America Inc.. (Attachments: #1 Exhibit A, Declaration of Melissa F. Murphy, #2 Response to Plaintiffs' Counter Statement of Material Facts Pursuant to Local Civil Rule 56.1) (Dante, Frank)
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Filing 288
MOTION for Partial Summary Judgment by Luxottica Retail North America Inc.. (Attachments: #1 Rule 56.1 Statement, #2 Memorandum in Support, #3 Proposed Order) (Dante, Frank)
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Filing 287
Letter Regarding Service of LensCrafters' Reply in Support of Its Motion for Partial Summary Judgment by Luxottica Retail North America Inc. (Dante, Frank)
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Filing 286
REPLY in Support re #283 MOTION to Certify Class Motion for Approval of the Form and Manner of Class Notice filed by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Graber, Geoffrey)
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Filing 285
RESPONSE in Opposition re #283 MOTION to Certify Class Motion for Approval of the Form and Manner of Class Notice filed by Luxottica Retail North America Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Dante, Frank)
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Filing 284
Letter Regarding Service of Plaintiffs' Opposition to LensCrafters' Motion for Summary Judgment by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro (Graber, Geoffrey)
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Filing 283
MOTION to Certify Class Motion for Approval of the Form and Manner of Class Notice by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Memorandum in Support, #2 Declaration of Geoffrey Graber, #3 Declaration of Eric Schachter, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D) (Graber, Geoffrey)
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ORDER: The #281 -1 Proposed Order and Judgment is So Ordered. Ordered by Judge Pamela K. Chen on 4/4/2022. (Kim, Eliot)
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Filing 282
Letter Regarding Service of LensCrafters' Motion for Partial Summary Judgment by Luxottica Retail North America Inc. (Dante, Frank)
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Filing 281
STIPULATION Joint Stipulation on Statutes of Limitations and Unjust Enrichment Claims by Luxottica Retail North America Inc. (Attachments: #1 Proposed Order) (Dante, Frank)
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ORDER: Defendant's motion, as described in this Court's 02/16/2022 Docket Order, is to be served today. As a reminder, while the parties are not required to follow this practice, as a courtesy to the Court, the parties are encouraged not to file their motion papers until the motion has been fully briefed. If the parties follow this practice, the notice of motion and all supporting papers are to be served on the other parties along with a cover letter setting forth whom the movant represents and the papers being served. Only a copy of the cover letter should be filed electronically, as a letter, not as a motion. On the day the motion is fully briefed, each party shall electronically file its own moving papers. Ordered by Judge Pamela K. Chen on 4/1/2022. (Stephan, Keegan)
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Filing 280
MEMORANDUM AND ORDER granting #216 Letter MOTION to Compel Itemized Expert Bills. Plaintiffs' motion is granted for the reasons described in the attached M&O. To the extent that LensCrafters intends to file a motion seeking substantial expert fees, LensCrafters must first produce its experts' timesheets to plaintiffs. The Court will afford the parties an opportunity to negotiate a reasonable expert fee award. A joint updated status report regarding the status of the parties' efforts is due by May 19, 2022. See attached. Ordered by Magistrate Judge Roanne L. Mann on 3/31/2022. (Ertzbischoff, Natasha) Modified second sentence on 3/31/2022 (LK).
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Filing 279
MANDATE of USCA (Certified Copy) Petitioner requests, pursuant to Federal Rule of Civil Procedure 23(f), leave to appeal the District Courts order granting Respondents motion for class certification. Petitioner also moves for leave to file a reply. Upon due consideration, it is hereby ORDERED that leave to file a reply is GRANTED, but the Rule 23(f) petition is DENIED because an immediate appeal is not warranted. See Sumitomo Copper Litig. v. Credit Lyonnais Rouse, Ltd., 262 F.3d 134, 139-40 (2d Cir. 2001). Issued as Mandate: 3/24/2022. USCA# 21-3119. (Jones, Vasean)
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Minute Entry for proceedings held before Judge Pamela K. Chen: Pre-Motion Conference held on 2/16/2022, via video. Appearances by Theodore Leopold, Paul Stephan, Geoffrey Graber, and Eric Kafka for Plaintiffs; Frank Dante and Melissa Murphy for Defendant. Case called. Discussion held. The Court advised Defendant that its proposed summary judgment motion would likely be summarily denied, given the Court having already resolved substantially the same issues when the Court granted Plaintiff's class certification motion. However, regarding the discrete, legal issues of (1) relevant statutes of limitations and (2) whether unjust enrichment claims are duplicative of certain statutory claims, the Court set the following briefing schedule: Defendant shall file an opening brief on or before April 1, 2022; Plaintiffs shall file a response on or before April 29, 2022; and Defendant shall file a reply, if any, on or before May 13, 2022. On the issue of class notice, the Court set the following deadlines: Plaintiffs shall share a proposed draft with Defendant on or before March 11, 2022; Plaintiffs shall file on the docket a proposed draft on or before April 15, 2022; Defendant shall provide Plaintiffs with the names and contact information (including all available email addresses) for all class members on or before June 3, 2022, and the Court will hold a conference about the proposed notice at 2 p.m. on June 14, 2022. Prior to the conference, the parties will be permitted to submit letters to the Court about any outstanding issues with the proposed notice. (Court Reporter Charleane Heading.) (Stephan, Keegan)
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ORDER: The Court is in receipt of the #275 , #276 , #277 , and #278 letters requesting a conference. The Court will hold a conference, via video, to discuss all of the issues raised in the parties' letters at 10 a.m. on February 16, 2022. The Court will email the parties instructions on how to join the conference by video at a later date. The public may observe the conference, telephonically, by calling (650) 479-3207 and entering access code 2302 176 0810. Ordered by Judge Pamela K. Chen on 2/8/2022. (Stephan, Keegan)
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Filing 278
RESPONSE in Opposition re #276 Letter MOTION for pre motion conference re Motion for Summary Judgment filed by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Graber, Geoffrey)
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The #240 motion to exclude is terminated to be renewed at a later date. (Stephan, Keegan)
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Filing 277
Letter in Response to Plaintiffs' Letter Motion Requesting Status Conference by Luxottica Retail North America Inc. (Dante, Frank)
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Filing 276
Letter MOTION for pre motion conference re Motion for Summary Judgment by Luxottica Retail North America Inc.. (Dante, Frank)
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Filing 275
Letter MOTION for pre motion conference Motion for Status Conference by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Graber, Geoffrey)
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ORDER: On or before January 31, 2022, Defendants shall file a letter responding to Plaintiffs' #275 request for a conference. Ordered by Judge Pamela K. Chen on 1/24/2022. (Stephan, Keegan)
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ORDER: Fact and expert discovery in this case has long since closed, and Judge Chen has now resolved the parties' class certification and Daubert motions (DE #272). A review of the docket suggests that, at the parties' request (DE #192), summary judgment briefing was deferred until after the resolution of Rule 23 and Daubert motions (see 1/21/20 Order). Accordingly, any party wishing to pursue a Rule 56 motion must, by January 28, 2022, file a request for a premotion conference before Judge Chen. Ordered by Magistrate Judge Roanne L. Mann on 1/18/2022. (Ertzbischoff, Natasha)
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Filing 274
ORDER: Having reviewed the parties' proposed redactions to its #272 Memorandum & Order, the Court concludes that all of the proposed redactions are consistent with the Court's previous orders sealing documents in this case, and that the parties' privacy interests outweigh the presumption of access to the redacted information. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). The Court therefore adopts and implements all of the proposed redactions in the attached Memorandum & Order. Ordered by Judge Pamela K. Chen on 1/5/2022. (Stephan, Keegan)
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Filing 273
Letter re Joint Proposed Redactions to Memorandum & Order #272 by Luxottica Retail North America Inc. (Attachments: #1 Exhibit A) (Dante, Frank)
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Filing 272
ORDER: For the reasons explained in the attached Memorandum & Order, the Court grants in part and denies in part Plaintiffs' #237 motion for class certification. The Court denies Plaintiffs' request for class certification under Rule 23(b)(2). The Court grants Plaintiffs' request for class certification under Rule 23(b)(3) with respect to claims under New York General Business Law 349, 350; the Florida Deceptive and Unfair Trade Practices Act; California's Unfair Competition Law, False Advertising Law, and Consumer Legal Remedies Act; and for Unjust Enrichment; however, the Court denies Plaintiffs' request for class certification under Rule 23(b)(3) with respect to the fraudulent omissions claim. The Court grants in part and denies in part LensCrafters' #247 motion to exclude. The Court defers ruling on Plaintiffs' #240 motion to exclude.The attached Memorandum & Order is being filed under seal. By January 4, 2022, the parties shall confer and file a version of the Memorandum & Order with proposed redactions. Ordered by Judge Pamela K. Chen on 12/13/2021. (Stephan, Keegan)
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Filing 271
REDACTION to #245 1 - Sealed Document CV,, Reply in Support, Reply In Support of Plaintiffs' Motion to Exclude Expert Testimony by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro (Graber, Geoffrey)
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Filing 270
REDACTION to #248 1 - Sealed Document CV,, Response in Opposition to Motion, Opposition to Defendants' Motion to Exclude Expert Testimony by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro (Attachments: #1 Declaration of Geoffrey Graber, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11) (Graber, Geoffrey)
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Filing 269
REDACTION to #242 1 - Sealed Document CV,, Declaration, #241 Memorandum in Support, #240 MOTION to Strike Plaintiffs' Motion to Exclude Expert Testimony by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro (Attachments: #1 Declaration of Geoffrey Graber and Exhibits) (Graber, Geoffrey)
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Filing 268
REDACTION to #245 1 - Sealed Document CV,, Reply in Support, #244 1 - Sealed Document CV,, Reply in Support, of Plaintiffs' Motion for Class Certification by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro (Attachments: #1 Declaration of Geoffrey Graber, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8) (Graber, Geoffrey)
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Filing 267
REDACTION to #239 1 - Sealed Document CV,,, Declaration,, #238 1 - Sealed Document CV, Memorandum in Support, #237 MOTION to Certify Class by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro (Attachments: #1 Declaration of Geoffrey Graber, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37, #39 Exhibit 38, #40 Exhibit 39, #41 Exhibit 40, #42 Exhibit 41, #43 Exhibit 42, #44 Exhibit 43, #45 Exhibit 44, #46 Exhibit 45, #47 Exhibit 46, #48 Exhibit 47, #49 Exhibit 48, #50 Exhibit 49, #51 Exhibit 50, #52 Exhibit 51, #53 Exhibit 52, #54 Exhibit 53, #55 Exhibit 54, #56 Exhibit 55, #57 Exhibit 56, #58 Exhibit 57, #59 Exhibit 58, #60 Exhibit 59, #61 Exhibit 60, #62 Exhibit 61, #63 Exhibit 62, #64 Exhibit 63, #65 Exhibit 64, #66 Exhibit 65, #67 Exhibit 66, #68 Exhibit 67, #69 Exhibit 68, #70 Exhibit 69, #71 Exhibit 70, #72 Exhibit 71, #73 Exhibit 72, #74 Exhibit 73, #75 Exhibit 74, #76 Exhibit 75, #77 Exhibit 76, #78 Exhibit 77, #79 Exhibit 78, #80 Exhibit 79, #81 Exhibit 80, #82 Exhibit 81, #83 Exhibit 82, #84 Exhibit 83, #85 Exhibit 84, #86 Exhibit 85, #87 Exhibit 86, #88 Exhibit 87, #89 Exhibit 88, #90 Exhibit 89, #91 Exhibit 90) (Graber, Geoffrey)
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Filing 266
REDACTION to #253 1 - Sealed Document CV,, Reply in Opposition, Sur-Reply in Further Opposition to Plaintiffs' Motion for Class Certification by Luxottica Retail North America 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) (Dante, Frank)
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Filing 265
REDACTION to #246 1 - Sealed Document CV,,,, Response in Opposition to Motion,,, Opposition to Plaintiffs' Motion to Exclude Expert Testimony by Luxottica Retail North America Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32) (Dante, Frank)
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Filing 264
REDACTION to #250 1 - Sealed Document CV, Reply in Support Motion to Strike Expert Testimony by Luxottica Retail North America Inc. (Attachments: #1 Exhibit 30, #2 Exhibit 31, #3 Exhibit 32) (Dante, Frank)
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Filing 263
REDACTION to #249 1 - Sealed Document CV,,,, Memorandum in Support,,, Motion to Strike Expert Testimony by Luxottica Retail North America Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29) (Dante, Frank)
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Filing 262
REDACTION to #247 MOTION to Strike Expert Testimony by Luxottica Retail North America Inc. (Dante, Frank)
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Filing 261
REDACTION to #243 1 - Sealed Document CV,,,,,,,, Response in Opposition to Motion,,,,,,, Opposition to Motion to Certify Class by Luxottica Retail North America Inc. (Attachments: #1 Declaration of Frank A. Dante, #2 Index of Exhibits, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23, #26 Exhibit 24, #27 Exhibit 25, #28 Exhibit 26, #29 Exhibit 27, #30 Exhibit 28, #31 Exhibit 29, #32 Exhibit 30, #33 Exhibit 31, #34 Exhibit 32, #35 Exhibit 33, #36 Exhibit 34, #37 Exhibit 35, #38 Exhibit 36, #39 Exhibit 37, #40 Exhibit 38, #41 Exhibit 39, #42 Exhibit 40, #43 Exhibit 41, #44 Exhibit 42, #45 Exhibit 43, #46 Exhibit 44, #47 Exhibit 45, #48 Exhibit 46, #49 Exhibit 47-1, #50 Exhibit 47-2, #51 Exhibit 47-3, #52 Exhibit 47-4, #53 Exhibit 47-5, #54 Exhibit 47-6, #55 Exhibit 48, #56 Exhibit 49, #57 Exhibit 50, #58 Exhibit 51, #59 Exhibit 52, #60 Exhibit 53, #61 Exhibit 54, #62 Exhibit 55, #63 Exhibit 56, #64 Exhibit 57, #65 Exhibit 58, #66 Exhibit 59, #67 Exhibit 60, #68 Exhibit 61, #69 Exhibit 62, #70 Exhibit 63, #71 Exhibit 64, #72 Exhibit 65, #73 Exhibit 66, #74 Exhibit 67, #75 Exhibit 68, #76 Exhibit 69, #77 Exhibit 70, #78 Exhibit 71) (Dante, Frank)
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Filing 260
ORDER: For the reasons stated in the attached Memorandum and Order, the Court grants in part and denies in part LensCrafters' #257 motion to seal. The parties are directed to comply with the Court's October 27, 2020 Order requiring the parties to file redacted versions of the completed class certification and Daubert briefing. All redacted versions of the briefing with supporting materials and exhibits must be filed on the public docket by November 19, 2021. Ordered by Judge Pamela K. Chen on 10/14/2021. (Irving, Louisa)
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Filing 259
RESPONSE in Opposition re #257 Letter MOTION to Seal filed by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Declaration of Geoffrey Graber with Exhibits) (Graber, Geoffrey)
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Filing 258
Letter MOTION for Leave to Electronically File Document under Seal Opposition to LensCrafters' Motion to Seal by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Opposition to Motion to Seal, #2 Declaration of Geoffrey Graber with Exhibit) (Graber, Geoffrey)
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Filing 257
Letter MOTION to Seal by Luxottica Retail North America Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Dante, Frank)
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ORDER: Plaintiffs' #258 motion for leave to electronically file documents under seal is granted. 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 Judge Pamela K. Chen on 11/23/2020. (Irving, Louisa)
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ORDER: Defendant's #256 motion for leave to electronically file documents under seal is granted. Counsel is directed to file the original documents under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. Ordered by Judge Pamela K. Chen on 11/22/2020. (Irving, Louisa)
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Filing 256
Letter MOTION for Leave to Electronically File Document under Seal LensCrafters' Letter Motion to Seal by Luxottica Retail North America Inc.. (Attachments: #1 LensCrafters' Letter Motion to Seal, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3) (Dante, Frank)
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ORDER: The parties' #255 joint motion for extension of time to file redacted versions of the briefing and request to brief the remaining sealing and redacting issues is granted. The parties shall file letter motions to seal, no longer than 5 pages, by November 20, 2020. The parties shall file letter oppositions to the motions to seal, no longer than 5 pages, by November 25, 2020. Ordered by Judge Pamela K. Chen on 11/13/2020. (Irving, Louisa)
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Filing 255
Joint MOTION for Extension of Time to File Redactions to Class Certification and Daubert Motion Papers by Luxottica Retail North America Inc.. (Dante, Frank)
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ORDER: On November 3, 2020, the Court granted Defendant's #251 motion for leave to file Sur-Reply and permitted Defendant to file Sur-Reply under seal. Accordingly, the Court finds that Plaintiffs' #254 opposition to Defendant's motion for leave to file Sur-Reply and request to file under seal are moot. Ordered by Judge Pamela K. Chen on 11/12/2020. (Irving, Louisa)
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Filing 254
MOTION for Leave to Electronically File Document under Seal by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Memorandum in Opposition Opposition to Motion for Leave to File Sur-Reply) (Graber, Geoffrey)
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Filing 253
REPLY in Opposition re #244 1 - Sealed Document CV,, Reply in Support, Sur-Reply in Further Opposition to Plaintiffs' Motion for Class Certification #237 filed by Luxottica Retail North America 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) (Dante, Frank)
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ORDER: Consistent with the Court's previous order, Defendant's #252 motion for leave to file Sur-Reply under seal is granted. Ordered by Judge Pamela K. Chen on 11/5/2020. (Irving, Louisa)
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Filing 252
Letter MOTION for Leave to File Document Sur-Reply in Further Opposition to Plaintiffs' Motion for Class Certification by Luxottica Retail North America Inc.. (Attachments: #1 LensCrafters' Sur-Reply in Further Opposition to Plaintiffs' Motion for Class Certification, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9) (Dante, Frank)
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ORDER: Defendant's #251 motion for leave to file Sur-Reply under seal is granted. 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 Judge Pamela K. Chen on 11/3/2020. (Irving, Louisa)
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Filing 251
Letter MOTION for Leave to Electronically File Document under Seal Motion for Leave to File Sur-Reply in Further Opposition to Plaintiffs' Motion for Class Certification by Luxottica Retail North America Inc.. (Attachments: #1 LensCrafters' Sur-Reply in Further Opposition to Plaintiffs' Motion for Class Certification, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9) (Dante, Frank)
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Filing 250
REPLY in Support re #247 MOTION to Strike Expert Testimony filed by Luxottica Retail North America Inc.. (Attachments: #1 Exhibit 30, #2 Exhibit 31, #3 Exhibit 32) (Dante, Frank)
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Filing 249
MEMORANDUM in Support re #247 MOTION to Strike Expert Testimony filed by Luxottica Retail North America Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28-1, #30 Exhibit 28-2, #31 Exhibit 28-3, #32 Exhibit 28-4, #33 Exhibit 28-5, #34 Exhibit 29) (Dante, Frank)
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Filing 248
RESPONSE in Opposition re #247 MOTION to Strike Expert Testimony filed by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Declaration of Geoffrey Graber, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11) (Graber, Geoffrey)
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Filing 247
MOTION to Strike Expert Testimony by Luxottica Retail North America Inc.. (Dante, Frank)
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Filing 246
RESPONSE in Opposition re #240 MOTION to Strike Plaintiffs' Motion to Exclude Expert Testimony filed by Luxottica Retail North America Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32) (Dante, Frank)
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Filing 245
REPLY in Support re #240 MOTION to Strike Plaintiffs' Motion to Exclude Expert Testimony filed by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Graber, Geoffrey)
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Filing 244
REPLY in Support re #237 MOTION to Certify Class filed by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Declaration of Geoffrey Graber, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8) (Graber, Geoffrey)
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Filing 243
RESPONSE in Opposition re #237 MOTION to Certify Class filed by Luxottica Retail North America Inc.. (Attachments: #1 Declaration of Frank A. Dante, #2 Index of Exhibits, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23, #26 Exhibit 24, #27 Exhibit 25, #28 Exhibit 26, #29 Exhibit 27, #30 Exhibit 28, #31 Exhibit 29, #32 Exhibit 30, #33 Exhibit 31, #34 Exhibit 32, #35 Exhibit 33, #36 Exhibit 34, #37 Exhibit 35, #38 Exhibit 36, #39 Exhibit 37, #40 Exhibit 38, #41 Exhibit 39, #42 Exhibit 40, #43 Exhibit 41, #44 Exhibit 42, #45 Exhibit 43, #46 Exhibit 44, #47 Exhibit 45, #48 Exhibit 46, #49 Exhibit 47-1, #50 Exhibit 47-2, #51 Exhibit 47-3, #52 Exhibit 47-4, #53 Exhibit 47-5, #54 Exhibit 47-6, #55 Exhibit 48, #56 Exhibit 49-1, #57 Exhibit 49-2, #58 Exhibit 50, #59 Exhibit 51, #60 Exhibit 52, #61 Exhibit 53, #62 Exhibit 54, #63 Exhibit 55, #64 Exhibit 56, #65 Exhibit 57, #66 Exhibit 58, #67 Exhibit 59, #68 Exhibit 60, #69 Exhibit 61-1, #70 Exhibit 61-2, #71 Exhibit 61-3, #72 Exhibit 61-4, #73 Exhibit 61-5, #74 Exhibit 62, #75 Exhibit 63, #76 Exhibit 64, #77 Exhibit 65, #78 Exhibit 66, #79 Exhibit 67, #80 Exhibit 68, #81 Exhibit 69, #82 Exhibit 70, #83 Exhibit 71) (Dante, Frank)
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Filing 242
DECLARATION re #240 MOTION to Strike Plaintiffs' Motion to Exclude Expert Testimony Declaration of Geoffrey Graber in Support of Plaintiffs' Motion to Exclude Expert Testimony by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro (Attachments: #1 Exhibit 1, #2 Exhibit 2-1, #3 Exhibit 2-2, #4 Exhibit 2-3, #5 Exhibit 2-4, #6 Exhibits 3 - 12, #7 Exhibits 13 - 18) (Graber, Geoffrey)
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Filing 241
MEMORANDUM in Support re #240 MOTION to Strike Plaintiffs' Motion to Exclude Expert Testimony filed by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Graber, Geoffrey) Modified to sealed document pursuant to Judge Chen's 10/27/2020 order on 10/29/2020 (Florio, Lisa).
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Filing 240
MOTION to Strike Plaintiffs' Motion to Exclude Expert Testimony by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Graber, Geoffrey)
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Filing 239
DECLARATION re #237 MOTION to Certify Class Declaration of Geoffrey Graber in Support of Plaintiffs' Motion for Class Certification by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro (Attachments: #1 Exhibit 1-1, #2 Exhibit 1-2, #3 Exhibit 1-3, #4 Exhibit 1-4, #5 Exhibit 1-5, #6 Exhibits 2 - 6, #7 Exhibit 7-1, #8 Exhibit 7-2, #9 Exhibit 7-3, #10 Exhibit 7-4, #11 Exhibits 8 - 10, #12 Exhibits 11 - 50, #13 Exhibits 51 - 57, #14 Exhibit 58-1, #15 Exhibit 58-2, #16 Exhibits 59 - 62, #17 Exhibits 63 - 66, #18 Exhibit 67, #19 Exhibits 68 - 69, #20 Exhibits 70 - 90) (Graber, Geoffrey)
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Filing 238
MEMORANDUM in Support re #237 MOTION to Certify Class filed by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Graber, Geoffrey)
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Filing 237
MOTION to Certify Class by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Graber, Geoffrey)
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ORDER: The #236 letter motion for extension of time to file, on consent, is granted. The parties shall begin filing the completed briefing on Plaintiffs' Motion for Class Certification and Plaintiffs' and Defendant's Motions to Exclude Expert Testimony on October 29, 2020. The parties shall complete such filing by October 30, 2020. The completed briefing may be filed under seal, with the parties directed to meet and confer promptly thereafter on redactions. The parties shall file redacted versions of the completed briefing by November 13, 2020. Ordered by Judge Pamela K. Chen on 10/27/2020. (Irving, Louisa)
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Filing 236
Letter MOTION for Extension of Time to File Plaintiffs Motion for Class Certification and Plaintiffs and Defendants Motions to Exclude Expert Testimony by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Proposed Order) (Graber, Geoffrey)
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Filing 235
NOTICE of Appearance by Michael A. Stoolman on behalf of Luxottica Retail North America Inc. (notification declined or already on case) (Stoolman, Michael)
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Filing 234
MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-13500135. by Luxottica Retail North America Inc.. (Attachments: #1 Affidavit of Michael Stoolman with Pennsylvania Certificate of Good Standing) (Stoolman, Michael)
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ORDER granting #234 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Roanne L. Mann on 10/9/2020. (LK)
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Filing 233
Letter Regarding Service of Plaintiffs' Opposition to Defendant's Motion to Exclude by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro (Graber, Geoffrey)
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Filing 232
Letter Regarding Service of Plaintiffs' Reply to Motion for Class Certification by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro (Graber, Geoffrey)
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Filing 231
Letter Regarding Service of Opposition to Plaintiffs' Daubert Motion by Luxottica Retail North America Inc. (Dante, Frank)
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Filing 230
Letter Regarding Service of Daubert Motion by Luxottica Retail North America Inc. (Dante, Frank)
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Filing 229
Letter Regarding Service of Opposition to Motion for Class Certification by Luxottica Retail North America Inc. (Dante, Frank)
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Filing 228
REDACTION to #216 Letter MOTION to Compel Itemized Expert Bills (Public Version) by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro (Graber, Geoffrey)
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Filing 227
Letter MOTION to Unseal Document #207 Letter MOTION for pre motion conference re Class Certification filed by Mariana Elise Emmert, Melissa Verrastro, Yesenia Ariza, Thomas Allegra, Stuart Rogoff, Gracelynn Tenaglia, #212 1 - Sealed Document CV, Response in Opposition to Motion filed by Mariana Elise Emmert, Melissa Verrastro, Yesenia Ariza, Thomas Allegra, Stuart Rogoff, Gracelynn Tenaglia, #208 Letter MOTION for pre motion conference re Daubert motions filed by Melissa Verrastro, Stuart Rogoff, Gracelynn Tenaglia by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Graber, Geoffrey)
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ORDER: The request to unseal #227 Motion to Unseal Document #207 Letter MOTION for pre motion conference re Class Certification, #208 Letter MOTION for pre motion conference re Daubert motions, and #212 Response in Opposition to Motion is granted. Ordered by Judge Pamela K. Chen on 6/16/2020. (Abdallah, Fida)
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Filing 226
REDACTION to #218 1 - Sealed Document CV,, Response in Opposition to Motion, #216 Motion to Compel (Public Version) by Luxottica Retail North America Inc. (Dante, Frank)
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Filing 225
REDACTION to #214 1 - Sealed Document CV, Response in Opposition to Motion for pre motion conference re Daubert Motions (Public Version) by Luxottica Retail North America Inc. (Attachments: #1 Exhibit A (Public Version)) (Dante, Frank)
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Filing 224
REDACTION to #213 1 - Sealed Document CV, Response in Opposition to Motion for pre motion conference re Class Certification (Public Version) by Luxottica Retail North America Inc. (Attachments: #1 Exhibit A (Public Version)) (Dante, Frank)
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Filing 223
REDACTION to #209 Letter MOTION for pre motion conference re Daubert Motions (Public Version) by Luxottica Retail North America Inc. (Attachments: #1 Exhibit A (Public Version)) (Dante, Frank)
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Filing 222
Letter Regarding Service of Plaintiffs Motion to Exclude Expert Testimony by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro (Graber, Geoffrey)
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Filing 221
Letter Regarding Service of Plaintiffs' Motion for Class Certification by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro (Graber, Geoffrey)
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ORDER: Defendants' #220 motion to amend is granted. Plaintiffs shall file their motion for class certification and their Daubert challenges on May 29, 2020; Defendants shall file their opposition to class certification and their Daubert challenges by July 29, 2020; Defendants shall respond to Plaintiffs' Daubert motion by August 28, 2020; Plaintiffs shall reply regarding their class certification motion by September 29, 2020; Defendants shall reply regarding their Daubert challenges by October 29, 2020; and Plaintiffs shall likewise reply regarding their Daubert challenges by October 29, 2020. Ordered by Judge Pamela K. Chen on 5/20/2020. (Wisotsky, Shira)
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Filing 220
Letter MOTION to Amend/Correct/Supplement ECF 219 by Luxottica Retail North America Inc.. (Dante, Frank)
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Filing 219
Minute Entry for proceedings held before Judge Pamela K. Chen: Pre Motion Conference held, via telephone, on 5/18/2020. Appearances by Geoffrey Graber, Brian Johnson, Theodore Leopold, Eric Kafka, and Paul Stephan for Plaintiffs; Frank Dante, Michael Iannucci, Melissa Murphy, Michael Stolman, and Courtney Obrien for Defendants. Case called. Discussion held. Plaintiffs shall file their motion for class certification and their Daubert challenges on May 29, 2020; Defendants shall file their opposition to class certification and their Daubert challenges by July 20, 2020; Defendants shall respond to Plaintiffs' Daubert motion by August 28, 2020; Plaintiffs shall reply regarding their class certification motion by September 29, 2020; Defendants shall reply regarding their Daubert challenges by October 29, 2020; and Plaintiffs shall likewise reply regarding their Daubert challenges by October 29, 2020. See attached for further details. (Court Reporter Anthony Frisolone.) (Wisotsky, Shira)
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ORDER: As discussed on the record, as a courtesy to the Court, the parties are encouraged to only file their motion papers when the motion is fully briefed. If the parties follow this practice, the motion and all supporting papers are to be served on the other parties along with a cover letter setting forth whom the movant represents and the papers being served. Only a copy of the cover letter should be filed electronically, as a letter, not as a motion. On the day the motion is fully briefed, each party shall electronically file its moving papers. The parties shall provide the Court with one (1) courtesy hard copy of the briefs and all exhibits, accompanied by two (2) thumb drives containing electronic versions of the same. The courtesy copies should bear the ECF headers, i.e., document number, filing date, and PageID of the filed submissions and should be sent/delivered to the courthouse. Ordered by Judge Pamela K. Chen on 5/18/2020. (Wisotsky, Shira)
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ORDER: The Court shall hold the pre-motion conference scheduled for May 18, 2020 at 10 a.m., and not at 11 a.m., as previously ordered. The conference shall take place via telephone. Each party should call the following conference number: 888-684-8852, and use access code: 7245547. Ordered by Judge Pamela K. Chen on 5/15/2020. (Wisotsky, Shira)
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ORDER: In light of the ongoing pandemic the Court shall hold the pre-motion conference scheduled for May 18, 2020, at 11 a.m., via telephone conference. Each party should call the following conference number: 888-684-8852, and use access code: 7245547. Ordered by Judge Pamela K. Chen on 5/1/2020. (Wisotsky, Shira)
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Filing 218
RESPONSE in Opposition re #216 Letter MOTION to Compel Itemized Expert Bills filed by Luxottica Retail North America Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (Dante, Frank)
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ELECTRONIC ORDER granting #217 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 Roanne L. Mann on 4/15/2020. (Vallens, Adrian)
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Filing 217
Letter MOTION for Leave to Electronically File Document under Seal Opposition to Motion to Compel Itemized Expert Bills #216 by Luxottica Retail North America Inc.. (Attachments: #1 Opposition to Motion to Compel Itemized Expert Bills, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G) (Dante, Frank)
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Filing 216
Letter MOTION to Compel Itemized Expert Bills by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Declaration of Geoffrey Graber with Exhibits) (Graber, Geoffrey)
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Filing 215
MOTION for Leave to Electronically File Document under Seal Motion to Compel Itemized Expert Bills by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Motion to Compel, #2 Declaration of Geoffrey Graber with Exhibits) (Graber, Geoffrey)
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ELECTRONIC ORDER re #215 Motion for Leave to Electronically File Document under Seal: the application to file under seal is granted. 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.Defendant is directed to respond to the underlying motion by April 14, 2020. Ordered by Magistrate Judge Roanne L. Mann on 4/10/2020. (Vallens, Adrian)
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Filing 214
RESPONSE in Opposition re #208 Letter MOTION for pre motion conference re Daubert motions filed by Luxottica Retail North America Inc.. (Attachments: #1 Exhibit A) (Dante, Frank)
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Filing 213
RESPONSE in Opposition re #207 Letter MOTION for pre motion conference re Class Certification filed by Luxottica Retail North America Inc.. (Attachments: #1 Exhibit A) (Dante, Frank)
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Filing 212
RESPONSE in Opposition re #209 Letter MOTION for pre motion conference re Daubert Motions filed by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Graber, Geoffrey)
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ORDER granting #211 Motion for Leave to Electronically File Document under Seal: Counsel is directed to re-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 Judge Pamela K. Chen on 3/30/2020. (Abdallah, Fida)
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ORDER granting #210 Motion for Leave to Electronically File Document under Seal: Counsel is directed to re-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 Judge Pamela K. Chen on 3/30/2020. (Abdallah, Fida)
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Filing 211
Letter MOTION for Leave to Electronically File Document under Seal Oppositions to Plaintiffs' Pre-Motion Letters by Luxottica Retail North America Inc.. (Attachments: #1 Pre-Motion Letter Opposing Class Certification, #2 Exhibit A to Pre-Motion Letter Opposing Class Certification, #3 Pre-Motion Letter Opposing Daubert Challenges, #4 Exhibit A to Pre-Motion Letter Opposing Daubert Challenges) (Dante, Frank)
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Filing 210
Letter MOTION for Leave to Electronically File Document under Seal Response in Opposition to LensCrafters' Motion for Pre-Motion Conference re Daubert Motions by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Letter Brief) (Graber, Geoffrey)
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SCHEDULING ORDER: As a precautionary measure, in light of the pandemic outbreak of COVID-19, this Court is adjourning the oral argument scheduled for 4/14/2020 until 5/18/2020 at 11:00 a.m. Ordered by Judge Pamela K. Chen on 3/25/2020. (Abdallah, Fida)
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Filing 209
Letter MOTION for pre motion conference re Daubert Motions by Luxottica Retail North America Inc.. (Attachments: #1 Exhibit A) (Dante, Frank)
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Filing 208
Letter MOTION for pre motion conference re Daubert motions by Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Graber, Geoffrey)
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Filing 207
Letter MOTION for pre motion conference re Class Certification by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Graber, Geoffrey)
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ORDER granting #205 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 Judge Pamela K. Chen on 3/16/2020. (Abdallah, Fida)
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ORDER granting #206 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 Judge Pamela K. Chen on 3/16/2020. (Abdallah, Fida)
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Filing 206
Letter MOTION for Leave to Electronically File Document under Seal Pre-Motion Conference Request by Luxottica Retail North America Inc.. (Attachments: #1 Pre-Motion Conference Request, #2 Exhibit A to Pre-Motion Conference Request) (Dante, Frank)
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Filing 205
Letter MOTION for Leave to Electronically File Document under Seal Premotion Conference Requests by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Premotion Conference Request re Class Certification, #2 Premotion Conference Request re Daubert Motion) (Graber, Geoffrey)
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Filing 204
ORDER granting #199 : For the reasons set forth in the attached Memorandum and Order, the Court grants LensCrafters' letter-motion. Defendant has until February 21, 2020 in which to make its substitute expert disclosure. All other existing deadlines remain the same. See attached. Ordered by Magistrate Judge Roanne L. Mann on 2/6/2020. (Vallens, Adrian)
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Filing 203
REDACTION to #202 1 - Sealed Document CV,, Response in Opposition to Motion, by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro (Graber, Geoffrey)
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Filing 202
RESPONSE in Opposition re #199 MOTION for Disclosure of Substitute Expert filed by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Declaration of Geoffrey Graber with Exhibits) (Graber, Geoffrey)
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Filing 201
Letter MOTION for Leave to Electronically File Document under Seal Opposition to Motion for Leave to Substitute Expert Witness by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Opposition to Motion for Leave to Substitute Expert Witness, #2 Declaration of Geoffrey Graber with Exhibits) (Graber, Geoffrey)
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ELECTRONIC ORDER granting #201 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 Roanne L. Mann on 2/5/2020. (Vallens, Adrian)
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Filing 200
REDACTION to #199 MOTION for Disclosure of Substitute Expert by Luxottica Retail North America Inc. (Murphy, Melissa)
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Filing 199
MOTION for Disclosure of Substitute Expert by Luxottica Retail North America Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Murphy, Melissa)
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ELECTRONIC ORDER deferring ruling on #199 : Plaintiff is directed to respond to defendant's motion for leave to substitute its expert witness (DE #199) by close-of-business on February 5, 2020. Ordered by Magistrate Judge Roanne L. Mann on 2/3/2020. (Vallens, Adrian)
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ELECTRONIC ORDER granting #198 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 Roanne L. Mann on 2/3/2020. (Vallens, Adrian)
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Filing 198
MOTION for Leave to Electronically File Document under Seal Motion for Leave to Substitute Expert Witness by Luxottica Retail North America Inc.. (Attachments: #1 Motion for Leave to Substitute Expert Witness, #2 Exhibit A, #3 Exhibit B) (Dante, Frank)
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ELECTRONIC ORDER denying #190 Motion to Redact Transcript: The arguments set forth in defendant's motion to redact (DE #190), and its supplemental submission in support of that motion (DE #197), have not persuaded this Court that the designated portions of the December 18, 2019 hearing transcript should be redacted and thereby, unavailable to the public. While Section 1(a) of the parties' Stipulated Discovery Confidentiality Order allows "[a]ny party to this litigation... to designate as 'Confidential' and subject to this Order any information, document, or thing... (a) that contains trade secrets, competitively sensitive technical, marketing, financial, sales, or other confidential business information," (DE #45), defendant has not yet explained how the disclosure of the names of certain manufacturing devices not publicly known to be used by LensCrafters would divulge trade secrets, competitively sensitive information, or other confidential business information. Accordingly, defendant's motion, and counsel's conclusory supplemental letter, do not overcome the strong presumption of public access that attaches to judicial documents and court proceedings. This Court will grant LensCrafters an opportunity to file a renewed motion, complete with additional evidence in the form of a sworn statement from a LensCrafters representative, that addresses this deficiency. Such a submission is to be filed, via ECF, no later than February 12, 2020. Ordered by Chief Magistrate Judge Roanne L. Mann on 1/29/2020. (Vallens, Adrian)
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ORDER granting #150 Motion to Strike (terminating, as per #162); denying #155 Motion to Strike (terminating, as per #163). Ordered by Chief Magistrate Judge Roanne L. Mann on 1/28/2020. (LK)
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Filing 197
REPLY in Support re #190 MOTION to Redact Transcript #172 Transcript,, , Order on Motion to Redact Transcript,,,, filed by Luxottica Retail North America Inc.. (Iannucci, Michael)
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ORDER: The Court responds to the request #196 addressed to the Honorable Roanne L. Mann seeking clarification of her prior order and an extension of time. First, to clarify, the Court is requesting that the parties submit substantive pre-motion conference letters regarding their proposed Daubert and class certification motions. Given the possibility that the parties may be seeking to raise multiple Daubert challenges, the Court will permit pre-motion letters of up to five (5) pages. However, all expert challenges will be outlined in a single pre-motion conference letter, and not multiple letters. A separate pre-motion conference request, of up to five pages, regarding a proposed class certification motion may be submitted by Plaintiff. The opposing parties will file a responsive letter of up to five pages as to each pre-motion conference request. Second, the Court grants the requested extension of time for the filing of these letters. Thus, the pre-motion conference requests shall be filed by 3/13/20, and the responses shall be filed by 3/27/20. A pre-motion conference will be held on 4/14/20 at 11:00 a.m. in Courtroom 4F North. Lastly, the discovery schedule previously set by Judge Mann remains in place. Ordered by Judge Pamela K. Chen on 1/27/2020. Associated Cases: 1:17-cv-05216-PKC-RLM, 1:17-cv-06315-PKC-LB, 1:17-cv-06389-PKC-RLM (Wisotsky, Shira)
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Filing 196
REDACTION to #195 Letter MOTION for Extension of Time to File Subject to Clarification by Luxottica Retail North America Inc. (Dante, Frank)
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Filing 195
Letter MOTION for Extension of Time to File Subject to Clarification by Luxottica Retail North America Inc.. (Dante, Frank)
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ELECTRONIC ORDER re #194 Motion for Leave to Electronically File Document under Seal: Though skeptical of the need to seal in light of the non-specific nature of the referenced health information (see, e.g., DE #194-1 at n.3), the Court nevertheless grants the motion to seal (DE #194) on condition that defendant will promptly publicly file a copy of the motion with limited redactions. 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 Chief Magistrate Judge Roanne L. Mann on 1/24/2020. (Vallens, Adrian)
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Filing 194
MOTION for Leave to Electronically File Document under Seal by Luxottica Retail North America Inc.. (Attachments: #1 Letter) (Dante, Frank)
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ELECTRONIC ORDER deferring ruling on #190 : This Court is in possession of defendant LensCrafters' supplemental request to redact portions of the transcript of proceedings held before the Court on December 18, 2019 (DE #190). The basis for defendant's request is that "[p]ortions of the transcript reflect proprietary and competitively sensitive technical and other business information of LensCrafters." (Id.) Having reviewed the redactions proposed by defendant, this Court is unable to determine whether such information qualifies as "Confidential" under the Stipulated Discovery Confidentiality Order (DE #45). To the extent that the proposed redactions are simply the names of manufacturing devices used by LensCrafters, defendant must explain why these names should not be made available to the public despite their being made on the record at a public conference (and without contemporaneous objection from counsel for defendant). Accordingly, defendant is directed to supplement its submission, via ECF, by close of business on January 27, 2020. Ordered by Chief Magistrate Judge Roanne L. Mann on 1/22/2020. (Vallens, Adrian)
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Filing 193
RESPONSE to Motion re #190 MOTION to Redact Transcript #172 Transcript,, filed by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Graber, Geoffrey)
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Filing 192
Joint MOTION to Vacate #163 Motion Hearing,,,, Deadline for Pre-Motion Conference Request by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Graber, Geoffrey)
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ORDER granting in substantial part #192 Motion to Vacate. The January 22nd deadline for requesting a premotion conference is vacated. However, Judge Chen would like the parties in this case to file premotion conference requests in connection with contemplated Daubert and class certification motions. The premotion conference requests are due by February 5, 2020. Ordered by Chief Magistrate Judge Roanne L. Mann on 1/21/2020. (LK)
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Filing 191
EXHIBIT A to Motion to Redact Transcript (ECF No. 190) by Luxottica Retail North America Inc.. Related document: #190 MOTION to Redact Transcript #172 Transcript,, filed by Luxottica Retail North America Inc.. (Attachments: #1 Exhibit B) (Iannucci, Michael)
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Filing 190
MOTION to Redact Transcript #172 Transcript,, by Luxottica Retail North America Inc.. (Iannucci, Michael)
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Filing 189
REDACTION to #187 Order on Motion to Compel,,,,,, 1 - Sealed Document CV,,, Order to Show Cause,, by Luxottica Retail North America Inc. (Attachments: #1 Exhibit A) (Iannucci, Michael)
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Filing 188
REDACTION to #187 Order on Motion to Compel,,,,,, 1 - Sealed Document CV,,, Order to Show Cause,, by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro (Attachments: #1 Exhibit A) (Graber, Geoffrey)
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ELECTRONIC ORDER re #188 and #189 : Because neither plaintiffs nor defendant seek to redact any portion of the Court's January 16, 2020 Memorandum & Order, the Court hereby directs the Clerk of the Court to unseal Docket Entry #187. Ordered by Chief Magistrate Judge Roanne L. Mann on 1/17/2020. (Vallens, Adrian)
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Filing 187
ORDER re #174 and #178 : Attached is a sealed, unredacted copy of the Court's Memorandum and Opinion ("M&O") resolving DE #174 and #178. While inclined to publicly file the entire document, the Court will afford the parties an opportunity to show cause why certain limited portions of the M&O should be redacted from the public record. The parties' submissions, to be filed under seal, are due by close of business on January 17, 2020, and each submission shall include as an attachment a copy of the M&O with the redactions (if any) desired by the filing party. See attached M&O. Ordered by Chief Magistrate Judge Roanne L. Mann on 1/16/2020. (Vallens, Adrian)
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Filing 186
REDACTION to #184 1 - Sealed Document CV,, Response in Opposition to Motion, by Luxottica Retail North America Inc. (Iannucci, Michael)
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Filing 185
REDACTION to #179 1 - Sealed Document CV, Response in Opposition to Motion by Luxottica Retail North America Inc. (Iannucci, Michael)
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Filing 184
RESPONSE in Opposition re #178 Letter MOTION to Compel Motion to Enforce Court's Order (Leave to Produce Supplemental Expert Report) filed by Luxottica Retail North America Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Iannucci, Michael)
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Filing 183
REDACTION to #178 Letter MOTION to Compel Motion to Enforce Court's Order (Leave to Produce Supplemental Expert Report) by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro (Graber, Geoffrey)
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Filing 182
REDACTION to #174 Letter MOTION to Compel Complete Production by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro (Graber, Geoffrey)
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ELECTRONIC ORDER re #181 Motion for Leave to Electronically File Document under Seal: Application granted, with the caveat expressed in the Court's 1/9/20 Electronic Order. 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 Chief Magistrate Judge Roanne L. Mann on 1/14/2020. (Vallens, Adrian)
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Filing 181
MOTION for Leave to Electronically File Document under Seal Opposition to Motion to Compel (ECF 178) by Luxottica Retail North America Inc.. (Attachments: #1 Opposition to Motion to Compel, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C) (Iannucci, Michael)
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ORDER Defendant's January 9th request (DE #180) to approve redactions to portions of the transcript of the December 18th discovery hearing before this Court (DE #172) is denied without prejudice. Any renewed application must be publicly filed as a motion event, but the attachments may be filed under seal as a separate document, and, in addition to the listing in Exhibit A, must include a copy of the aforesaid transcript with the proposed redactions highlighted. Defendant is urged to seek redaction of only those portions that truly warrant confidential treatment. Plaintiffs shall either promptly confirm in writing that they take no position on such request, or, if they oppose any portion of the proposed redactions, they shall file a letter in opposition within four days of the filing of the renewed motion. Ordered by Chief Magistrate Judge Roanne L. Mann on 1/10/2020. (LK)
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Filing 180
Transcript Redaction Request re #172 Transcript,, by attorney Michael A. Iannucci (Attachments: #1 Exhibit A) (Iannucci, Michael)
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Filing 179
RESPONSE in Opposition re #174 Letter MOTION to Compel Complete Production filed by Luxottica Retail North America Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Iannucci, Michael)
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Filing 178
Letter MOTION to Compel Motion to Enforce Court's Order (Leave to Produce Supplemental Expert Report) by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Declaration of Geoffrey Graber with Exhibits) (Graber, Geoffrey)
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ELECTRONIC ORDER granting #177 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. Counsel for the parties are reminded that a redacted version of the documents filed under seal must be promptly filed on ECF. Absent such a filing, the Court will, at a minimum, unseal the letter motion. Ordered by Chief Magistrate Judge Roanne L. Mann on 1/9/2020. (Vallens, Adrian)
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Filing 177
Letter MOTION for Leave to Electronically File Document under Seal Motion to Enforce Court's Order by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Motion to Enforce Court's Order, #2 Declaration of Geoffrey Graber with Exhibits) (Graber, Geoffrey)
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ELECTRONIC ORDER re #176 : Application granted, on consent. Ordered by Chief Magistrate Judge Roanne L. Mann on 1/8/2020. (Vallens, Adrian)
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ELECTRONIC ORDER granting #175 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 Chief Magistrate Judge Roanne L. Mann on 1/8/2020. (Vallens, Adrian)
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Filing 176
Joint MOTION for Extension of Time to Complete Discovery Stipulation to Extend Expert Discovery for Deposition of Daniel Riall by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Luxottica Retail North America Inc., Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Graber, Geoffrey)
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Filing 175
MOTION for Leave to Electronically File Document under Seal Opposition to Motion to Compel (ECF 174) by Luxottica Retail North America Inc.. (Attachments: #1 Opposition to Motion to Compel, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D) (Iannucci, Michael)
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Filing 174
Letter MOTION to Compel Complete Production by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Declaration of Geoffrey Graber with Exhibits) (Graber, Geoffrey)
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Filing 173
Letter MOTION for Leave to Electronically File Document under Seal Motion to Compel Complete Production by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Motion to Compel, #2 Declaration of Geoffrey Graber with Exhibits) (Graber, Geoffrey)
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ELECTRONIC ORDER granting #173 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 Chief Magistrate Judge Roanne L. Mann on 1/3/2020. (Vallens, Adrian)
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Filing 172
TRANSCRIPT of Proceedings held on December 18, 2019, before Judge Mann. Court Transcriber: Typewrite Word Processing Service, Telephone number 518-581-8973. Email address: transcripts@typewp.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 1/9/2020. Redacted Transcript Deadline set for 1/20/2020. Release of Transcript Restriction set for 3/18/2020. (Rocco, Christine)
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Filing 171
Minute Order for proceedings held before Chief Magistrate Judge Roanne L. Mann:granting in substantial part #167 Motion to Compel. Motion Hearing held on 12/18/2019 re #167 . See attached Minute Entry. (LK)
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ELECTRONIC SCHEDULING ORDER: An in-person hearing to address plaintiffs' December 4th motion to compel (DE #167) will be held on December 18, 2019, at 2:00 PM in Courtroom 13C South before Chief Magistrate Judge Roanne L. Mann. A representative of LensCrafters fully familiar with the records that are the subject of the motion must be present at the hearing. Ordered by Chief Magistrate Judge Roanne L. Mann on 12/16/2019. (Vallens, Adrian)
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Filing 170
REDACTION to #167 Letter MOTION to Compel Production of Manufacturing Documents by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro (Graber, Geoffrey)
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Filing 169
RESPONSE in Opposition re #167 Letter MOTION to Compel Production of Manufacturing Documents filed by Luxottica Retail North America 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) (Iannucci, Michael)
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ORDER granting #168 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 Chief Magistrate Judge Roanne L. Mann on 12/10/2019. (Kelson, Lise)
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Filing 168
MOTION for Leave to Electronically File Document under Seal Opposition to Motion to Compel Production of Manufacturing Documents by Luxottica Retail North America Inc.. (Attachments: #1 Opposition to Motion to Compel, #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 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M) (Iannucci, Michael)
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Filing 167
Letter MOTION to Compel Production of Manufacturing Documents by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Declaration of Geoffrey Graber with Exhibits) (Graber, Geoffrey)
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ORDER granting #166 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 Chief Magistrate Judge Roanne L. Mann on 12/9/2019. (Kelson, Lise)
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Filing 166
MOTION for Leave to Electronically File Document under Seal Motion to Compel Production of Manufacturing Documents by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Motion to Compel, #2 Graber Declaration and Exhibits) (Graber, Geoffrey)
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Filing 165
TRANSCRIPT of Proceedings held on November 25, 2019, before Judge Mann. Court Transcriber: Typewrite Word Processing Service, Telephone number 518-581-8973. Email address: transcripts@typewp.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 12/24/2019. Redacted Transcript Deadline set for 1/3/2020. Release of Transcript Restriction set for 3/2/2020. (Rocco, Christine)
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Filing 164
TRANSCRIPT of Proceedings held on November 18, 2019, before Judge Mann. Court Transcriber: Typewrite Word Processing Service, Telephone number 518-581-8973. Email address: transcripts@typewp.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 12/24/2019. Redacted Transcript Deadline set for 1/3/2020. Release of Transcript Restriction set for 3/2/2020. (Rocco, Christine)
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Filing 163
Minute Entry for November 25, 2019 proceeding held before Chief Magistrate Judge Roanne L. Mann: For the reasons stated on the record, the Court declines to strike the three expert reports served by plaintiffs on November 13, in response to the rebuttal reports of defendant's experts; although those reports were not authorized by the Court or under Rule 26(a)(2)(D)(ii), the Court concludes that in the circumstances surrounding these unauthorized reports, the prejudice to defendant can be remedied by allowing defendant to serve sur-reply expert reports by December 16, 2019, extending the deadline for completing expert depositions until January 10, 2020; and requiring plaintiffs to reimburse defendant for the incremental additional costs of having four rounds of reports rather than two. In addition, as plaintiffs have characterized the challenged reports as rebuttal reports, plaintiffs may not rely on the opinions contained therein on their direct case either at trial or on motions practice. Requests for a pre-motion conference before Judge Chen are due by January 22, 2020. See attached Minute Entry. (Vallens, Adrian)
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Filing 162
Minute Entry for November 18, 2019 proceeding held before Chief Magistrate Judge Roanne L. Mann: For the reasons detailed on the record, the Court grants defendant's motion (DE #150) to strike the opinions of plaintiffs' expert, Dr. Schiff, that were expressed for the first time at his deposition and should have been included in his expert report. Dr. Schiff's opinions will be confined to those expressed in his report. See, e.g., Venetsky v. U.S., 2019 WL 1768967, at *15-16 (S.D.N.Y. Mar. 31, 2019); Ebron v. U.S., 2008 WL 4298515, at *3-5 (S.D.N.Y. Sept. 17, 2008); Sandata Techs., Inc. v. Infocrossing, Inc., 2007 WL 4157163 (S.D.N.Y. Nov. 16, 2007); see also Erazo v. SCM Grp. N. Am., 2019 WL 1044365, at *16-18 (E.D.N.Y. Mar. 5, 2019). See attached Minute Entry. (Vallens, Adrian)
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Filing 161
REDACTION to #160 1 - Sealed Document CV,, Response in Opposition to Motion, to Strike Improper Expert Reports by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro (Graber, Geoffrey)
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ELECTRONIC ORDER further deferring ruling on #155 Motion to Strike Improper Expert Reports: The Court has now received plaintiffs' responsive letter, #160 , as well as the parties' courtesy copies. The Court defers ruling on defendant's motion to strike the November 13, 2019 reports of Wagner, Butler, and Eichmann. However, defendant is permitted, upon consent, to serve a sur-reply report, in response to Mr. Riall's November 8, 2019 reply report, by December 20, 2019. Ordered by Chief Magistrate Judge Roanne L. Mann on 11/22/2019. (Vallens, Adrian)
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Filing 160
RESPONSE in Opposition re #155 MOTION to Strike Improper Expert Reports filed by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Declaration of Geoffrey Graber with Exhibits) (Graber, Geoffrey)
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Filing 159
Letter MOTION for Leave to Electronically File Document under Seal Response in Opposition to LensCrafters' Motion to Strike Untimely Expert Opinion by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Response in Opposition to LensCrafters' Motion to Strike Untimely Expert Opinion, #2 Declaration of Geoffrey Graber with Exhibits) (Graber, Geoffrey)
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Filing 158
REDACTION to #154 1 - Sealed Document CV, Response in Opposition to Motion Public Version by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro (Graber, Geoffrey)
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ELECTRONIC ORDER granting #159 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 Chief Magistrate Judge Roanne L. Mann on 11/19/2019. (Vallens, Adrian)
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Filing 157
EXHIBIT A to Motion to Strike Improper Expert Reports by Luxottica Retail North America Inc.. Related document: #155 MOTION to Strike Improper Expert Reports filed by Luxottica Retail North America Inc.. (Attachments: #1 Exhibit B, #2 Exhibit C) (Dante, Frank)
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Filing 156
MOTION for Leave to Electronically File Document under Seal Exhibits to Motion to Strike [Docket No. 155] by Luxottica Retail North America Inc.. (Attachments: #1 Exhibit A to Docket No. 155, #2 Exhibit B to Docket No. 155, #3 Exhibit C to Docket No. 155) (Dante, Frank)
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Filing 155
MOTION to Strike Improper Expert Reports by Luxottica Retail North America Inc.. (Dante, Frank)
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ELECTRONIC ORDER deferring ruling on #155 Motion to Strike Improper Expert Reports: pursuant to Local Civil Rule 37.3(c), plaintiffs' response is due by November 19, 2019. Ordered by Chief Magistrate Judge Roanne L. Mann on 11/15/2019. (Vallens, Adrian)
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ELECTRONIC ORDER granting #156 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 Chief Magistrate Judge Roanne L. Mann on 11/15/2019. (Vallens, Adrian)
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Filing 154
RESPONSE in Opposition re #150 MOTION to Strike Untimely Expert Opinion filed by Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Declaration of Geoffrey Graber with Exhibits) (Graber, Geoffrey)
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Filing 152
REDACTION to #150 MOTION to Strike Untimely Expert Opinion [Public Version] by Luxottica Retail North America Inc. (Iannucci, Michael)
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Filing 151
Letter MOTION for Leave to Electronically File Document under Seal Response in Opposition to LensCrafters' Motion to Preclude by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Response in Opposition to LensCrafters' Motion to Preclude, #2 Declaration of Geoffrey Graber with Exhibits) (Graber, Geoffrey)
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ORDER granting #151 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 Chief Magistrate Judge Roanne L. Mann on 11/12/2019. (Kelson, Lise)
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Filing 150
MOTION to Strike Untimely Expert Opinion by Luxottica Retail North America Inc.. (Attachments: #1 Declaration of Michael A. Iannucci with Exhibits) (Iannucci, Michael)
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ELECTRONIC ORDER granting #149 Motion for Leave to Electronically File Document under Seal. Defendant's application to file its November 7th preclusion motion (DE #149-1) under seal is granted, with defendant to publicly file a redacted copy by November 12, 2019. 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. Plaintiffs' response to the preclusion motion is due by November 12, 2019. Ordered by Chief Magistrate Judge Roanne L. Mann on 11/8/2019. (Vallens, Adrian)
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Filing 149
MOTION for Leave to Electronically File Document under Seal Letter Motion to Preclude by Luxottica Retail North America Inc.. (Attachments: #1 Motion to Preclude, #2 Declaration of Michael A. Iannucci with Exhibits) (Iannucci, Michael)
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Filing 148
NOTICE of Appearance by Paul M. Stephan on behalf of Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro (notification declined or already on case) (Stephan, Paul)
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Filing 147
MOTION to Appear Pro Hac Vice and Affidavit in Support of Motion to Admit Counsel Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11929006. by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, #2 Certificate of Good Standing) (Stephan, Paul)
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ORDER granting #147 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Chief Magistrate Judge Roanne L. Mann on 10/9/2019. (Kelson, Lise)
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ORDER. Regrettably, the parties' bickering continues unabated, burdening this Court with detailed recitations of their protracted negotiations over extending the deadlines for expert disclosures. (See DE #145 and DE #146.) The Court finds the arguments on both sides unpersuasive: plaintiffs have failed to show good cause for extending any expert disclosure deadlines other than those pertaining to damages experts. As for defendants, while they might prefer to have six weeks for serving rebuttal expert disclosures, the court-ordered schedule has always contemplated a five-week interval. See, e.g., 5/30/19 order; 7/15/19 Minute Entry. Therefore, the schedule established on July 15, 2019, remains in place, except that initial expert disclosures on damages must now be served by September 10, 2019, and rebuttal expert disclosures on damages are due by October 15, 2019. The deadline for expert depositions (December 20, 2019) remains unchanged. Ordered by Chief Magistrate Judge Roanne L. Mann on 9/4/2019. (Kelson, Lise)
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ORDER granting in limited part #145 Motion to Compel. See 9/4/19 electronic order. Ordered by Chief Magistrate Judge Roanne L. Mann on 9/4/2019. (Kelson, Lise)
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Filing 146
RESPONSE in Opposition re #145 Letter MOTION to Compel Extension of Time for Expert Disclosures filed by Luxottica Retail North America Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Dante, Frank)
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ORDER #145 Motion to Compel. Defendant's response is due by close of business on September 3, 2019. Ordered by Chief Magistrate Judge Roanne L. Mann on 9/3/2019. (Kelson, Lise)
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Filing 145
Letter MOTION to Compel Extension of Time for Expert Disclosures by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Declaration of Geoffrey Graber) (Graber, Geoffrey)
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Filing 144
TRANSCRIPT of Proceedings held on August 13, 2019, before Judge Mann. Court 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 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 9/6/2019. Redacted Transcript Deadline set for 9/16/2019. Release of Transcript Restriction set for 11/14/2019. (Rocco, Christine)
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Filing 143
Minute Order for Telephone Conference held before Chief Magistrate Judge Roanne L. Mann: The Court hears argument on non-party witness Paz's motion to quash the deposition subpoena served on her (DE #1 and #3 in 19mc1974). For the reasons stated on the record, the Court denies in substantial part Ms. Paz's motion to quash. See attached for further discussion. With this ruling, the Clerk is requested to close 19mc1974. (FTR Log #11:30-11:50am.) (Cardenas, Alex)
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SCHEDULING ORDER: A Telephone Conference, initiated by counsel for the movant, will be held on August 13, 2019 at 11:30 a.m., to address the motion to quash by Alejandra Paz. Ordered by Chief Magistrate Judge Roanne L. Mann on 8/9/2019. (Kelson, Lise)
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Filing 142
Letter in Response to Order Dated August 2, 2019 by Luxottica Retail North America Inc. (Dante, Frank)
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ELECTRONIC ORDER: Defendant is directed to inform the Court, via ECF, by noon on August 5, 2019, whether the deposition of plaintiff Ariza has been conducted and, if so, whether defendant still wants to take the deposition of her grandmother, Alejandra Paz. Ordered by Chief Magistrate Judge Roanne L. Mann on 8/2/2019. (Cardenas, Alex)
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ELECTRONIC ORDER: The motion to quash originally filed by Alejandra Paz in the Southern District of New York has been transferred to this District Court, and assigned to Judge Chen and this magistrate judge, under miscellaneous docket number 19mc1974, as related to Ariza et al. v. Luxottica Retail North America, 17cv5216(PKC)(RLM). The parties are directed to promptly deliver to Chambers hard copy courtesy copies of their motion papers. Ordered by Chief Magistrate Judge Roanne L. Mann on 7/31/2019. (Cardenas, Alex)
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Filing 141
Letter re Ex Parte Communications by Luxottica Retail North America Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Dante, Frank)
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ORDER #139 & #141 The Court concurs with defense counsel (see DE #141) that plaintiffs should have served on defense counsel their cover letter accompanying their in camera submission (DE #139). Henceforth absent express judicial authorization, plaintiffs should not take it upon themselves to file substantive materials ex parte.Ordered by Chief Magistrate Judge Roanne L. Mann on 7/29/2019. (Kelson, Lise)
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Filing 140
ORDER See attached order. Ordered by Chief Magistrate Judge Roanne L. Mann on 7/26/2019. (Kelson, Lise)
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Filing 139
Letter from Geoffrey Graber, Esq. to Court dated July 19, 2019, enclosing documents for in camera review by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit) (Cardenas, Alex)
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Filing 138
STATUS REPORT Concerning Electronically Stored Information by Luxottica Retail North America Inc. (Dante, Frank)
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Filing 137
TRANSCRIPT of Proceedings held on July 15, 2019, before Judge Mann. Court Reporter/Transcriber TypeWrite Word Processing Service, Telephone number 518-581-8973. Email address: transcripts@typewp.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 8/6/2019. Redacted Transcript Deadline set for 8/16/2019. Release of Transcript Restriction set for 10/14/2019. (Hong, Loan)
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Filing 136
Minute Order for proceedings held before Chief Magistrate Judge Roanne L. Mann: Court holds a telephonic conference on July 15, 2019, and grants in substantial part defendants' motion to compel #128 , for the reasons and to the extent stated on the record. The deadlines for serving expert disclosures, see Order (May 30, 2019), are each extended by six weeks; expert depositions shall be completed by December 20, 2019. See attached for further discussion and deadlines. (FTR Log #1:00-2:30 pm.) (Cardenas, Alex)
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Filing 135
NOTICE of Appearance by Brian Johnson on behalf of Yesenia Ariza, Mariana Elise Emmert, Amy Harloff, Kathleen Infante, Stuart Rogoff, David Soukup, Gracelynn Tenaglia, Melissa Verrastro (aty to be noticed) (Johnson, Brian)
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Filing 134
STATUS REPORT (Joint Status Report) by Luxottica Retail North America Inc. (Attachments: #1 Declaration of Geoffrey Graber, #2 Exhibit 1 to Declaration of Geoffrey Graber, #3 Exhibit 2 to Declaration of Geoffrey Graber) (Dante, Frank)
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Filing 133
TRANSCRIPT of Proceedings held on June 28, 2019, before Judge Mann. Court Reporter/Transcriber Transcription 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 7/24/2019. Redacted Transcript Deadline set for 8/5/2019. Release of Transcript Restriction set for 10/1/2019. (Hong, Loan)
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Filing 132
REPLY in Opposition re #128 MOTION to Compel filed by Yesenia Ariza. (Attachments: #1 Declaration Declaration of Geoffrey Graber, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit) (Kafka, Eric)
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Filing 131
Minute Order for proceedings held before Chief Magistrate Judge Roanne L. Mann: For the reasons stated on the record, the Court grants in part plaintiffs' motion to compel (DE #120). See attached Minute Entry. (Kelson, Lise)
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ORDER granting #130 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Chief Magistrate Judge Roanne L. Mann on 6/28/2019. (Kelson, Lise)
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Filing 130
MOTION to Appear Pro Hac Vice of Brian Eric Johnson Filing fee $ 150, receipt number ANYEDC-11616146. by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Affidavit in Support is support of pro hac vice admission, #2 Certificate of Good Standing VA State Bar, #3 Certificate of Good Standing Missouri, #4 Certificate of Good Standing Kansas, #5 Certificate of Good Standing D.C. Bar) (Johnson, Brian)
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Filing 129
EXHIBIT to Motion to Compel (sealed) by Luxottica Retail North America Inc.. Related document: #128 MOTION to Compel filed by Luxottica Retail North America Inc.. (Attachments: #1 Exhibit B - O) (Dante, Frank)
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Filing 128
MOTION to Compel by Luxottica Retail North America Inc.. (Dante, Frank)
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Filing 127
RESPONSE TO ORDER TO SHOW CAUSE by Luxottica Retail North America Inc. (Dante, Frank)
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Filing 126
NOTICE of Appearance by Eric A. Kafka on behalf of Stuart Rogoff, Gracelynn Tenagila, Kathleen Infante, Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Kathleen Infante, Gracelynn Tenaglia, Melissa Verrastro (aty to be noticed) Associated Cases: 1:17-cv-05216-PKC-RLM, 1:17-cv-06315-PKC-LB, 1:17-cv-06389-PKC-RLM (Kafka, Eric)
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ORDER granting in part #125 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. Defendant has moved for leave to file its June 24th motion to compel and accompanying exhibits under seal (DE #125). Having reviewed the three-page letter-motion to compel (DE #125-1), the Court sees no reason why that particular document should be sealed or redacted. Therefore,the parties are directed to show cause, by June 26, 2019, why DE #125-1 should not be publicly filed in its entirety. Defendant's motion to seal the accompanying exhibits (DE #125-2 through #125-16) is granted, with the parties ordered to promptly confer regarding the scope of redactions to copies of the exhibits to be publicly filed. Plaintiff's response to defendant's June 24th motion to compel is due by June 28, 2019. Ordered by Chief Magistrate Judge Roanne L. Mann on 6/25/2019. (Kelson, Lise)
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Filing 125
MOTION for Leave to Electronically File Document under Seal Motion to Compel by Luxottica Retail North America Inc.. (Attachments: #1 Motion to Compel, #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 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O) (Dante, Frank)
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ELECTRONIC SCHEDULING ORDER: An in-person conference to address plaintiffs' motion to compel will be held on June 28, 2019 at 10:00 AM in Courtroom 13C-South. Ordered by Chief Mag. Judge Roanne L. Mann on 6/20/2019. (Cardenas, Alex)
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Filing 124
NOTICE by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, David Soukup, Gracelynn Tenaglia, Melissa Verrastro of Withdrawal of Counsel Sally Handmaker Guido (Guido, Sally)
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ORDER granting in substantial part, on consent #121 Motion for Extension of Time to Complete Discovery. The period for taking previously noticed depositions is extended to July 1, 2019. Expert disclosures for the party bearing the burden of proof must be served by July 26, 2019; rebuttal expert disclosures must be served by August 30, 2019; expert depositions shall be completed by September 27, 2019. Ordered by Chief Mag. Judge Roanne L. Mann on 5/30/2019. (Kelson, Lise)
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Filing 123
RESPONSE in Opposition re #120 Letter MOTION to Compel filed by Luxottica Retail North America 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) (Dante, Frank)
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Filing 122
RESPONSE to Motion re #121 Letter MOTION for Extension of Time to Complete Discovery filed by Luxottica Retail North America Inc.. (Iannucci, Michael)
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Filing 121
Letter MOTION for Extension of Time to Complete Discovery by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Guido, Sally)
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Filing 120
Letter MOTION to Compel by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Declaration of Geoffrey Graber, #2 Declaration of Bruce McFarlane) (Guido, Sally)
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Filing 119
TRANSCRIPT of Proceedings held on April 29, 2019, before Judge Mann. Court Reporter/Transcriber TypeWrite Word Processing Service, Telephone number 518-581-8973. Email address: transcripts@typewp.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 5/21/2019. Redacted Transcript Deadline set for 5/31/2019. Release of Transcript Restriction set for 7/29/2019. (Hong, Loan)
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Filing 118
Minute Entry for proceedings held before Chief Mag. Judge Roanne L. Mann:Telephone Conference held on April 29, 2019. The Court addresses and resolves on the record the remaining disputes concerning plaintiffs' demands for financial information (DE #101). Defendant is directed to provide the additional information/documents by May 6, 2019. (FTR Log #10:00-10:40 am.) (Cardenas, Alex)
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ELECTRONIC SCHEDULING ORDER: A telephone conference, initiated by plaintiffs' counsel, will be held on April 29, 2019, at 10:00 AM before Chief Mag. Judge Mann. Ordered by Chief Mag. Judge Roanne L. Mann on 4/26/2019. (Cardenas, Alex)
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Filing 117
MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11420235. by Luxottica Retail North America Inc.. (Obrien, Courtney)
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ELECTRONIC ORDER: Motion for Leave to Appear Pro Hac Vice #117 is so ordered. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Chief Mag. Judge Roanne L. Mann on 4/25/2019. (Cardenas, Alex)
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Filing 116
MEMORANDUM AND ORDER: For the reasons articulated in the attached, Defendant shall promptly disclose to plaintiffs each of the referenced documents in a redacted form consistent with this Court's ruling. Ordered by Chief Mag. Judge Roanne L. Mann on 4/16/2019. (Cardenas, Alex)
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Filing 115
TRANSCRIPT of Proceedings held on April 11, 2019, before Judge Mann. Court Transcriber: Transcription 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 5/7/2019. Redacted Transcript Deadline set for 5/17/2019. Release of Transcript Restriction set for 7/15/2019. (Rocco, Christine)
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Filing 114
Minute Order for proceedings held before Chief Mag. Judge Roanne L. Mann: Discovery Hearing and Motion Hearing held on April 11, 2019. Motion to Compel #101 granted in part, denied in part, and deferred in part; Motion to Compel #104 granted in part and denied in part; and Motion for Protective Order #108 granted in part and denied in part. See attached for further discussion and rulings. (FTR Log #2:45-4:35 pm.) (Cardenas, Alex). Modified on 7/23/2019 (Proujansky, Josh).
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ORDER. Many of the documents that defendant produced to the Court for in camera inspection (DE #109) reflect Bates numbers that begin with "LC," a numbering system that does not correspond to the Bates numbers on the privilege log. In addition, defendant has not submitted a listing of the position, title or role of each individual whose name appears on the disputed documents. Defendant is directed to address these issues in a filing due by 12:30 p.m. tomorrow. Ordered by Chief Mag. Judge Roanne L. Mann on 4/10/2019. (Kelson, Lise)
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Filing 112
RESPONSE in Opposition re #108 Letter MOTION for Protective Order re 30(b)(6) filed by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Declaration of Geoffrey Graber) (Guido, Sally)
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ORDER granting #111 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 Chief Mag. Judge Roanne L. Mann on 4/1/2019. (Kelson, Lise)
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SCHEDULING ORDER: The Court will conduct an in-person hearing on April 11, 2019, at 2:30 p.m., to address the myriad discovery motions with which this Court has been deluged. In the interim, as discovery is neither stayed nor extended, the parties would be well advised to attempt in good faith to resolve or at least narrow their various disputes. Ordered by Chief Mag. Judge Roanne L. Mann on 4/1/2019. (Kelson, Lise)
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Filing 111
Letter MOTION for Leave to Electronically File Document under Seal by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Response in Opposition to LensCrafters' Motion for Protective Order, #2 Declaration of Geoffrey Graber) (Guido, Sally)
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Filing 110
RESPONSE in Opposition re #104 Letter MOTION to Compel Extension of Time for Plaintiffs' Deposition of LensCrafters' 30(b)(6) filed by Luxottica Retail North America 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) (Dante, Frank)
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ELECTRONIC ORDER: Deferring decision on #108 Motion for Protective Order. Plaintiffs' response is due by March 29, 2019. Ordered by Chief Mag. Judge Roanne L. Mann on 3/26/2019. (Cardenas, Alex)
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ELECTRONIC ORDER: Application #107 granted. 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 Chief Mag. Judge Roanne L. Mann on 3/26/2019. (Cardenas, Alex)
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Filing 108
Letter MOTION for Protective Order re 30(b)(6) by Luxottica Retail North America Inc.. (Dante, Frank)
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Filing 107
Letter MOTION for Leave to Electronically File Document under Seal by Luxottica Retail North America Inc.. (Attachments: #1 Memorandum in Opposition to Plaintiffs' Motion to Compel, #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 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S) (Dante, Frank)
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ELECTRONIC ORDER: Deferring decision on #101 . By March 27, 2019 defendant is directed to file under seal, with access restricted to the filing party and Court users, unredacted copies of the documents that are the subject of plaintiffs' motion to compel (DE #101) and that were withheld in whole or in part on the basis of privilege; defendant shall also file, likewise for in camera inspection, copies of redacted documents that highlight those portions that were redacted in the version produced to plaintiffs. Ordered by Chief Mag. Judge Roanne L. Mann on 3/25/2019. (Cardenas, Alex)
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ELECTRONIC ORDER: The Court has not heard from plaintiffs regarding whether they consent or object to this request. Motion #106 is denied. Ordered by Chief Mag. Judge Roanne L. Mann on 3/25/2019. (Cardenas, Alex)
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Filing 106
Letter MOTION for Leave to File Excess Pages by Luxottica Retail North America Inc.. (Dante, Frank)
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Filing 105
RESPONSE in Opposition re #101 Letter MOTION to Compel filed by Luxottica Retail North America 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) (Dante, Frank)
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Filing 104
Letter MOTION to Compel Extension of Time for Plaintiffs' Deposition of LensCrafters' 30(b)(6) by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Declaration of Geoffrey Graber) (Guido, Sally)
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ELECTRONIC ORDER: Application #103 granted. 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 Chief Mag. Judge Roanne L. Mann on 3/22/2019. (Cardenas, Alex)
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ELECTRONIC ORDER: Application #102 granted. 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 Chief Mag. Judge Roanne L. Mann on 3/22/2019. (Cardenas, Alex)
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Filing 103
Letter MOTION for Leave to Electronically File Document under Seal by Luxottica Retail North America Inc.. (Attachments: #1 Memorandum in Opposition to Plaintiffs' Motion to Compel, #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 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N) (Dante, Frank)
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Filing 102
Letter MOTION for Leave to Electronically File Document under Seal by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Motion, #2 Declaration of Geoffrey Graber) (Guido, Sally)
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Filing 101
Letter MOTION to Compel by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Declaration of Geoffrey Graber: Exhibits 1-8, #2 Exhibits 9-16, #3 Exhibits 17-56) (Guido, Sally)
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Filing 100
Letter MOTION for Leave to Electronically File Document under Seal Motion to Compel by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Motion to Compel, #2 Declaration of Geoffrey Graber: Exhibits 1 - 8, #3 Exhibits 9 - 16, #4 Exhibits 17 - 56) (Guido, Sally)
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ELECTRONIC ORDER granting #100 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 Chief Mag. Judge Roanne L. Mann on 3/15/2019. (Proujansky, Josh)
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Filing 99
NOTICE of Appearance by Martin Simon Krezelek on behalf of Luxottica Retail North America Inc. (aty to be noticed) (Krezelek, Martin)
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Filing 98
REPLY in Opposition re #97 Letter MOTION for Leave to File Document Motion to Further Exceed Page Limit filed by All Defendants. (Iannucci, Michael)
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ELECTRONIC ORDER: Application #97 granted in part, denied in part. Each side may file a single 9-page letter-brief addressing all five discovery disputes specified in plaintiffs' letter. Defendant shall have two additional calendar days to respond. Ordered by Chief Mag. Judge Roanne L. Mann on 3/13/2019. (Cardenas, Alex)
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Filing 97
Letter MOTION for Leave to File Document Motion to Further Exceed Page Limit by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Guido, Sally)
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ELECTRONIC ORDER granting #96 Motion for Leave to File. Defendant may file a responsive letter-brief of up to six pages. Ordered by Chief Mag. Judge Roanne L. Mann on 3/5/2019. (Proujansky, Josh)
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Filing 96
Letter MOTION for Leave to File Document Motion to Exceed Page Limit by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Guido, Sally)
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Filing 95
Letter MOTION to Compel Rule 30(b)(6) Deposition (Redacted Copy of DE #80) by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Declaration of Geoffrey Graber) (Guido, Sally)
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Filing 94
Letter MOTION to Compel Production of Internal Audits and Board of Directors Documents (Redacted Copy of DE #76) by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Declaration of Geoffrey Graber) (Guido, Sally)
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ORDER finding as moot #94 Motion to Compel; finding as moot #95 Motion to Compel, which are redacted copies of #76 and #80, respectively. Ordered by Chief Mag. Judge Roanne L. Mann on 2/14/2019. (Kelson, Lise)
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Filing 93
TRANSCRIPT of Proceedings held on February 6, 2019, before Judge Mann. Court Reporter/Transcriber Transcription 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 3/1/2019. Redacted Transcript Deadline set for 3/11/2019. Release of Transcript Restriction set for 5/9/2019. (Hong, Loan)
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Filing 92
AFFIDAVIT/AFFIRMATION Supplemental Affidavits in Further Support of Defendant's Opposition to Plaintiffs' Motion to Compel Additional Custodians and Search Terms by Luxottica Retail North America Inc. (Dante, Frank)
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Filing 91
STATUS REPORT (Joint Status Report) by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro, Luxottica Retail North America Inc. (Guido, Sally)
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Filing 90
AFFIDAVIT/AFFIRMATION in Further Support of Motion to Compel Additional Custodians and Search Terms by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro (Attachments: #1 Exhibit 1) (Guido, Sally)
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ELECTRONIC ORDER: Permission to file supplemental affidavit #83 is granted. Ordered by Chief Mag. Judge Roanne L. Mann on 2/7/2019. (Cardenas, Alex)
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ELECTRONIC ORDER: Permission to file supplemental affidavits #86 is granted. Ordered by Chief Mag. Judge Roanne L. Mann on 2/7/2019. (Cardenas, Alex)
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Filing 89
Minute Order for proceedings held before Chief Mag. Judge Roanne L. Mann: The Court conducts a hearing on plaintiffs' series of motions to compel. For the reasons and to the extent described on the record, the Court grants in part and denies in part DE #69 , #73 / #87 , and #74 / #88 , and denies DE #76 , #80 . See attached for further discussion. (FTR Log #9:35 a.m. - 12:05 p.m..) (Cardenas, Alex) (Main Document 89 replaced on 2/6/2019) (Proujansky, Josh). (Main Document 89 replaced on 2/7/2019) (Proujansky, Josh).
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Filing 88
Letter MOTION to Compel Additional Custodians and Search Terms (Redacted Copy of DE #74) by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Declaration of Geoffrey Graber) (Guido, Sally)
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Filing 87
Letter MOTION to Compel Non-Custodial Search (Redacted Copy of DE #73) by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Declaration of Geoffrey Graber) (Guido, Sally)
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Filing 86
MOTION for Leave to File Document Supplemental Affidavits in Further Support of Defendant's Opposition to Plaintiffs' Motion to Compel Additional Custodians and Search Terms by Luxottica Retail North America Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Dante, Frank)
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Filing 85
MOTION to Appear by Telephone by Luxottica Retail North America Inc.. (Proujansky, Josh)
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ELECTRONIC ORDER granting #85 Motion to Appear by Telephone. Mr. Roderick may appear by telephone at the February 6th hearing. Ordered by Chief Mag. Judge Roanne L. Mann on 2/4/2019. (Proujansky, Josh)
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ELECTRONIC ORDER: A hearing will be held at 9:30 a.m. on February 6, 2019, in Courtroom 13C-S, to address plaintiffs' various discovery motions. The hearing must be attended in person by a representative of defendant who is fully familiar with its recordkeeping practices. Plaintiffs are directed to promptly provide the Court with courtesy copies of the following documents: (1) Docket Entry #76 (the previously submitted courtesy copy marked "DE #76" was in fact a duplicate copy of DE #72), and (2) Docket Entry #69 with a complete copy of Exhibit A's Exhibit 13 (the copy docketed into ECF and delivered to the Court is missing pages 3 through 7). Ordered by Chief Mag. Judge Roanne L. Mann on 2/1/2019. (Cardenas, Alex)
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Filing 84
TRANSCRIPT of Proceedings held on June 8, 2018, before Judge Mann. Court Reporter/Transcriber TypeWrite Word Processing Service, Telephone number 518-581-8973. Email address: transcripts@typewp.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 2/19/2019. Redacted Transcript Deadline set for 3/1/2019. Release of Transcript Restriction set for 4/29/2019. (Hong, Loan)
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Filing 83
MOTION for Leave to File Document Supplemental Declaration in Further Support of Motion to Compel Additional Custodians and Search Terms by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Declaration of Wolfgang Wilke) (Guido, Sally)
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Filing 82
RESPONSE in Opposition re #76 Letter MOTION to Compel Production of Internal Audits and Board of Directors Documents filed by Luxottica Retail North America Inc.. (Iannucci, Michael)
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Filing 81
RESPONSE in Opposition re #80 Letter MOTION to Compel Rule 30(b)(6) Deposition filed by Luxottica Retail North America Inc.. (Attachments: #1 Exhibit A) (Iannucci, Michael)
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Filing 80
Letter MOTION to Compel Rule 30(b)(6) Deposition by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Declaration of Geoffrey Graber) (Guido, Sally)
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Filing 79
MOTION for Leave to Electronically File Document under Seal Motion to Compel Rule 30(b)(6) Deposition by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Motion to Compel Rule 30(b)(6) Deposition, #2 Declaration of Geoffrey Graber) (Guido, Sally)
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Filing 78
RESPONSE in Opposition re #74 Letter MOTION to Compel Additional Custodians and Search Terms filed by Luxottica Retail North America Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Iannucci, Michael)
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Filing 77
RESPONSE in Opposition re #73 Letter MOTION to Compel Non-Custodial Search filed by Luxottica Retail North America Inc.. (Attachments: #1 Exhibit A) (Iannucci, Michael)
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Filing 76
Letter MOTION to Compel Production of Internal Audits and Board of Directors Documents by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Declaration of Geoffrey Graber) (Guido, Sally)
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Filing 75
MOTION for Leave to Electronically File Document under Seal by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Motion to Compel Internal Audit and Board of Directors Documents, #2 Declaration of Geoffrey Graber) (Guido, Sally)
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ELECTRONIC ORDER: Plaintiffs' motion to file under seal #79 is granted. Defendant's response to the underlying motion to compel is due by January 24, 2019. Ordered by Chief Mag. Judge Roanne L. Mann on 1/18/2019. (Cardenas, Alex)
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ELECTRONIC ORDER: Plaintiffs' motion to file under seal #75 is granted. Defendant's response to the underlying motion to compel is due by January 24, 2019. Ordered by Chief Mag. Judge Roanne L. Mann on 1/18/2019. (Cardenas, Alex)
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Filing 74
Letter MOTION to Compel Additional Custodians and Search Terms by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Declaration of Geoffrey Graber) (Guido, Sally)
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Filing 73
Letter MOTION to Compel Non-Custodial Search by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Declaration of Geoffrey Graber) (Guido, Sally)
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ORDER granting #71 and #72 Motion for Leave to Electronically File Document under Seal. Plaintiffs' motions to file under seal are granted. Defendant's responses to the underlying motions to compel are due by January 18, 2019. (Counsel are reminded to promptly deliver the chambers courtesy hard copies of their unredacted submissions.) 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 Chief Mag. Judge Roanne L. Mann on 1/16/2019. (Kelson, Lise)
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Filing 72
MOTION for Leave to Electronically File Document under Seal by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Motion to Compel Additional Custodians and Search Terms, #2 Declaration of Geoffrey Graber) (Guido, Sally)
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Filing 71
MOTION for Leave to Electronically File Document under Seal by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Motion to Compel, #2 Declaration of Geoffrey Graber) (Guido, Sally)
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Filing 70
RESPONSE in Opposition re #69 Letter MOTION to Compel Production of Revenue and Sales Documents filed by Luxottica Retail North America Inc.. (Attachments: #1 Exhibit 1) (Iannucci, Michael)
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ORDER deferring ruling on #69 Motion to Compel. Defendant's response to this motion is due by January 14, 2019. Ordered by Chief Mag. Judge Roanne L. Mann on 1/10/2019. (Kelson, Lise)
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Filing 69
Letter MOTION to Compel Production of Revenue and Sales Documents by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Attachments: #1 Declaration of Geoffrey Graber, #2 Declaration of Bruce McFarlane) (Guido, Sally)
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Filing 68
Joint MOTION for Extension of Time to Complete Discovery by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenagila, Melissa Verrastro. (Attachments: #1 Proposed Order) (Guido, Sally)
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ORDER #68 Motion for Extension of Time to Complete Discovery; STATUS REPORT ORDER. The Court so-orders the parties' proposed extended discovery schedule (DE #68-1). However, given that the discovery schedule (which was generous to begin with) is being enlarged by approximately four months, the parties are placed on notice this will likely be the final extension. In addition, the parties are directed to proceed to mediation after the new year and to file a joint status report by February 8, 2019. Ordered by Chief Mag. Judge Roanne L. Mann on 12/4/2018. granting (Kelson, Lise)
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STATUS REPORT ORDER. The parties are directed to proceed to mediation as fact discovery draws to a close and to file a joint status report by February 8, 2019. Ordered by Chief Mag. Judge Roanne L. Mann on 11/21/2018. (Kelson, Lise)
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Filing 67
STATUS REPORT Joint Status Report by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenagila, Melissa Verrastro, Luxottica Retail North America Inc. (Handmaker, Sally)
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Filing 66
ANSWER to #50 Amended Complaint and Affirmative Defenses by Luxottica Retail North America Inc.. (Dante, Frank)
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Filing 65
TRANSCRIPT of Proceedings held on October 17, 2018, before Judge Mann. Court Reporter/Transcriber ARIA SERVICES, INC., Telephone number (845) 260-1377. Email address: aria@leinen.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 11/9/2018. Redacted Transcript Deadline set for 11/19/2018. Release of Transcript Restriction set for 1/17/2019. (Hong, Loan)
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Filing 64
ELECTRONIC Minute Entry for proceedings held before Chief Mag. Judge Roanne L. Mann: For the reasons and to the extent stated on the record, the Court grants in part plaintiffs' letter motion to compel (DE #53 , #54 ); counsel are directed to confer in good faith to resolve the precise parameters of the disclosures that defendant must make at this stage. As for defendant's motion for a protective order (DE #55 ), plaintiff has withdrawn one of the challenged topics, rendering that aspect moot; the Court grants the remaining portion of the motion. Nevertheless, the Court rejects defendant's argument that plaintiffs are entitled to only one Rule 30(b)(6) deposition and grants plaintiffs leave to serve a more narrowly circumscribed Topic 5 in the event the information is not available through other means. (FTR Log #3:35-4:15pm; 4:30-5:20pm.) (Cardenas, Alex)
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Order Dismissing Parties: The #63 Notice of Voluntary Dismissal with prejudice as to Plaintiffs Amy Harloff and David Soukup is So Ordered. Ordered by Judge Pamela K. Chen on 10/17/2018. (Knapp, Cody)
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Filing 63
NOTICE of Voluntary Dismissal by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenagila, Melissa Verrastro Amy Harloff and David Soukup's Motion Pursuant to FRCP 41(a)(2) for Voluntary Dismissal with Prejudice (Attachments: #1 Memorandum in Support, #2 Declaration of Geoffrey Graber, #3 Proposed Order) (Handmaker, Sally)
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ORDER: The Court orders that Plaintiffs file their Rule 41(a)(1) motion seeking voluntary dismissal with prejudice as to Plaintiffs Amy Harloff and David Soukup by October 23, 2018. Ordered by Judge Pamela K. Chen on 10/16/2018. (Knapp, Cody)
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ORDER: The Court denies Defendant's Motion for pre-motion conference to file Motion to Strike Second Amended Consolidated Complaint #51 . Plaintiffs' amendment and addition of three newly named plaintiffs occurred within the schedule #44 set by the Honorable Roanne L. Mann on April 9, 2018. Ordered by Judge Pamela K. Chen on 10/16/2018. (Knapp, Cody)
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Filing 62
RESPONSE in Opposition re #55 Letter MOTION for Protective Order re: 30(b)(6) Deposition filed by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenagila, Melissa Verrastro. (Attachments: #1 Declaration of Geoffrey Graber) (Handmaker, Sally)
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ELECTRONIC SCHEDULING ORDER: A hearing will be held on October 17, 2018, at 3:30 p.m., in Courtroom 13C-South, to address the pending discovery motions (Docket Entries #53 , #55 ). So Ordered by Chief Mag. Judge Roanne L. Mann on 10/15/2018. (Cardenas, Alex)
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Filing 61
Letter CORRECTED Re Briefing Schedule for Plaintiffs Amy Harloff and David Soukup's Motion Pursuant to FRCP 41(a)(2) for Voluntary Dismissal with Prejudice by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenagila, Melissa Verrastro Associated Cases: 1:17-cv-05216-PKC-RLM, 1:17-cv-06315-PKC-LB, 1:17-cv-06389-PKC-RLM (Handmaker, Sally)
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Filing 60
RESPONSE in Opposition re (51 in 1:17-cv-05216-PKC-RLM) Letter MOTION for pre motion conference to file Motion to Strike Second Amended Consolidated Complaint filed by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenagila, Melissa Verrastro. (Attachments: #1 Declaration of Geoffrey Graber) Associated Cases: 1:17-cv-05216-PKC-RLM, 1:17-cv-06315-PKC-LB, 1:17-cv-06389-PKC-RLM (Handmaker, Sally)
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Filing 59
Letter Re Briefing Schedule for Plaintiffs Amy Harloff and David Soukup's Motion Pursuant to FRCP 41(a)(2) for Voluntary Dismissal with Prejudice by Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, David Soukup, Gracelynn Tenagila, Melissa Verrastro Associated Cases: 1:17-cv-05216-PKC-RLM, 1:17-cv-06315-PKC-LB, 1:17-cv-06389-PKC-RLM (Handmaker, Sally)
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Filing 58
Letter Re Plaintiffs Amy Harloff and David Soukup's Motion Pursuant to FRCP 41(a)(2) for Voluntary Dismissal with Prejudice by Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, David Soukup, Gracelynn Tenagila, Melissa Verrastro Associated Cases: 1:17-cv-05216-PKC-RLM, 1:17-cv-06315-PKC-LB, 1:17-cv-06389-PKC-RLM (Handmaker, Sally)
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Filing 57
REPLY in Opposition to Motion to Seal filed by Luxottica Retail North America Inc.. (Dante, Frank)
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ORDER. Counsel are reminded that the Court's Individual Rules require that Chambers be provided with a hard courtesy copy of any electronic filing exceeding 25 pages (including attachments). Ordered by Chief Mag. Judge Roanne L. Mann on 10/10/2018. (Kelson, Lise)
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Filing 56
RESPONSE in Opposition re #54 Letter MOTION to Compel Redacted, #53 Letter MOTION to Compel filed by Luxottica Retail North America Inc.. (Attachments: #1 Exhibit A) (Dante, Frank)
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Filing 55
Letter MOTION for Protective Order re: 30(b)(6) Deposition by Luxottica Retail North America Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Dante, Frank)
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Filing 54
Letter MOTION to Compel Redacted by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenagila, Melissa Verrastro. (Attachments: #1 Declaration of Geoffrey Graber, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10) (Handmaker, Sally)
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Filing 53
Letter MOTION to Compel Under Seal by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenagila, Melissa Verrastro. (Attachments: #1 Declaration of Geoffrey Graber, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10) (Handmaker, Sally) (Modified)
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ORDER #52 Motion for Leave to Electronically File Document under Seal.Plaintiffs' request to file its motion to compel under seal (with access restricted to case participants) is granted. Plaintiffs shall promptly file that motion with restricted access, and shall simultaneously publicly file a copy that has been redacted to omit portions that reveal information that has been designated as confidential material. Defendant's response to the motion to compel is due by October 9, 2018. Defendant is similarly authorized to file two copies of the response, to the extent it reveals confidential material. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. Ordered by Chief Mag. Judge Roanne L. Mann on 10/5/2018. (Kelson, Lise)
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Filing 52
MOTION for Leave to Electronically File Document under Seal by Thomas Allegra, Yesenia Ariza, Mariana Elise Emmert, Stuart Rogoff, Gracelynn Tenagila, Melissa Verrastro. (Attachments: #1 Motion to Compel, #2 Declaration of Geoffrey Graber, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10) (Handmaker, Sally)
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Filing 51
Letter MOTION for pre motion conference to file Motion to Strike Second Amended Consolidated Complaint by Luxottica Retail North America Inc.. (Iannucci, Michael)
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Filing 50
AMENDED COMPLAINT Second Amended Consolidated Complaint against Luxottica Retail North America Inc., filed by Gracelynn Tenagila, Yesenia Ariza, Stuart Rogoff, Thomas Allegra, Mariana Elise Emmert, Melissa Verrastro. (Handmaker, Sally)
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Filing 49
STATUS REPORT (Joint Status Report) by Kathleen Infante, Luxottica Retail North America Inc., Gracelynn Tenagila (Dante, Frank)
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Filing 48
Minute Order. for proceedings held before Chief Mag. Judge Roanne L. Mann: denying #46 Motion to Compel; Telephone Conference held on 6/8/2018. See attached Minute Entry. (Kelson, Lise)
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ELECTRONIC SCHEDULING ORDER re (46 in 1:17-cv-05216-PKC-RLM) MOTION to Compel Production of Hit Report filed by plaintiffs, (47 in 1:17-cv-05216-PKC-RLM) Response in Opposition to Motion filed by Luxottica Retail North America Inc. A telephone conference, initiated by plaintiff's counsel, will be held on June 8, 2018 at 10:15 AM before Chief Mag. Judge Roanne L. Mann. Ordered by Chief Mag. Judge Roanne L. Mann on 6/5/2018. Associated Cases: 1:17-cv-05216-PKC-RLM, 1:17-cv-06315-PKC-LB, 1:17-cv-06389-PKC-RLM (Proujansky, Josh)
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Filing 47
RESPONSE in Opposition re #46 MOTION to Compel Production of Hit Report filed by Luxottica Retail North America Inc.. (Murphy, Melissa)
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Filing 46
MOTION to Compel Production of Hit Report by Yesenia Ariza, Amy Harloff, Kathleen Infante, Stuart Rogoff, David Soukup, Gracelynn Tenagila. Associated Cases: 1:17-cv-05216-PKC-RLM, 1:17-cv-06315-PKC-LB, 1:17-cv-06389-PKC-RLM (Handmaker, Sally)
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ELECTRONIC SCHEDULING ORDER: re (34 in 1:17-cv-06389-PKC-RLM) MOTION to Compel Production of Hit Report filed by plaintiffs. Defendant's response must be filed by Monday, May 21, 2018.Ordered by Chief Mag. Judge Roanne L. Mann on 5/17/2018. Associated Cases: 1:17-cv-05216-PKC-RLM, 1:17-cv-06315-PKC-LB, 1:17-cv-06389-PKC-RLM (Proujansky, Josh)
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ORDER granting #45 Motion for Protective Order. Ordered by Chief Mag. Judge Roanne L. Mann on 5/14/2018. (Kelson, Lise)
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Filing 45
Joint MOTION for Protective Order by Amy Harloff, Stuart Rogoff, Gracelynn Tenagila, Kathleen Infante, Yesenia Ariza, David Soukup. Associated Cases: 1:17-cv-05216-PKC-RLM, 1:17-cv-06315-PKC-LB, 1:17-cv-06389-PKC-RLM (Handmaker, Sally)
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Filing 44
Minute Entry for Initial Conference Hearing held before Chief Mag. Judge Roanne L. Mann on 4/9/2018. The Court urges plaintiffs to promptly serve HIPAA releases and defendants to promptly disclose documents pertaining to the named plaintiffs. The parties are considering going to private mediation in the fall; a joint status report is due by November 20, 2018. Fact (merits and class) discovery must be completed by January 25, 2019. See attached for further deadlines. (Proujansky, Josh)
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Filing 43
SCHEDULING ORDER: Initial Conference is set for 4/9/2018 @ 3:30 p.m. in Courtroom 13C South, 225 Cadman Plaza East, Brooklyn, New York before Chief Mag. Judge Roanne L. Mann. SEE ATTACHED ORDER AND MANDATORY REQUIREMENTS FOR CONFERENCE. ****NOTE: bring the number of copies of the completed initial conference questionnaire to the conference that you will need. Ordered by Chief Mag. Judge Roanne L. Mann on 3/28/2018. (Kelson, Lise)
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ELECTRONIC ORDER. Counsel are reminded that case 17cv6315 (Tenagila) and 17cv6389 (Infante) have been consolidated info 17cv5216 (Ariza) and have been closed as separate docket numbers. Therefore, all submissions should be docketed into 17cv5216 only, and not into the subsequent docket numbers. Ordered by Chief Mag. Judge Roanne L. Mann on 3/28/2018. Associated Cases: 1:17-cv-05216-PKC-RLM, 1:17-cv-06315-PKC-LB, 1:17-cv-06389-PKC-RLM (Kelson, Lise)
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Filing 42
ANSWER to #30 Amended Complaint and Affirmative Defenses by Luxottica Retail North America Inc.. (Murphy, Melissa)
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Filing 41
Letter by Luxottica Retail North America Inc. (Iannucci, Michael)
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Filing 40
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on February 8, 2018, before Judge Pamela K. Chen. Court Reporter/Transcriber Annette M. Montalvo, Telephone number 718-804-2711. Email address: annette.montalvo@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 3/6/2018. Redacted Transcript Deadline set for 3/16/2018. Release of Transcript Restriction set for 5/14/2018. (Montalvo, Annette)
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Minute Entry: Pre Motion Conference held on 2/8/2018. Appearances by Theodore Leopold and Geoffrey Graber for plaintiffs; Michael Iannucci for defendant. Case called. Discussion held. By February 22, 2018, Defendant shall inform the Court by letter whether it still intends to file a motion to dismiss and, if so, shall file a proposed briefing schedule. (Court Reporter Annette Montalvo) (Hess, Alexandra)
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Filing 39
NOTICE of Appearance by Michael A. Iannucci on behalf of Luxottica Retail North America Inc. (notification declined or already on case) (Iannucci, Michael)
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ORDER granting #38 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Chief Mag. Judge Roanne L. Mann on 2/6/2018. (Kelson, Lise)
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Filing 38
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10174972. by Luxottica Retail North America Inc.. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit) (Iannucci, Michael)
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ELECTRONIC ORDER granting #37 Motion to Appoint Interim Class Counsel. Ordered by Chief Mag. Judge Roanne L. Mann on 2/2/2018. (Kelson, Lise)
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ORDER granting #34 Motion for Pre Motion Conference: A pre-motion conference shall be held on February 8, 2018 at 3:00 PM in Courtroom 4F North. Ordered by Judge Pamela K. Chen on 2/1/2018. (Hess, Alexandra)
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Filing 37
MOTION re (30 in 1:17-cv-06389-PKC-RLM) MOTION to Appoint Counsel Cohen Milstein as Interim Class Counsel Proposed Order by Yesenia Ariza, Amy Harloff, Stuart Rogoff, David Soukup, Gracelynn Tenagila Associated Cases: 1:17-cv-05216-PKC-RLM, 1:17-cv-06315-PKC-LB, 1:17-cv-06389-PKC-RLM (Handmaker, Sally) Modified on 2/2/2018 (Kelson, Lise).
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Filing 36
Letter in Opposition to Defendant's Letter Motion Requesting a Pre-Trial Conference and Leave to File Motion to Dismiss by Yesenia Ariza, Amy Harloff, Stuart Rogoff, David Soukup, Gracelynn Tenagila Associated Cases: 1:17-cv-05216-PKC-RLM, 1:17-cv-06315-PKC-LB, 1:17-cv-06389-PKC-RLM (Handmaker, Sally)
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ELECTRONIC ORDER finding as moot #35 Motion to Appoint Counsel. This magistrate judge has reviewed plaintiff's request for a premotion conference prior to filing an unopposed motion for appointment of interim class counsel. Having reviewed plaintiff's detailed letter-brief, the Court concludes that a premotion conference and formal motion are unnecessary. Instead, the parties are directed to confer concerning the language of the requested order and, by February 7, 2018, plaintiffs shall file a stipulation to be so-ordered by the Court. Ordered by Chief Mag. Judge Roanne L. Mann on 1/30/2018. (Kelson, Lise)
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Filing 35
MOTION to Appoint Counsel Cohen Milstein as Interim Class Counsel by Yesenia Ariza, Amy Harloff, Stuart Rogoff, David Soukup, Gracelynn Tenagila. Associated Cases: 1:17-cv-05216-PKC-RLM, 1:17-cv-06315-PKC-LB, 1:17-cv-06389-PKC-RLM (Handmaker, Sally)
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Filing 34
Letter MOTION for pre motion conference by Luxottica Retail North America Inc.. (Dante, Frank)
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ORDER granting #32 Motion to Amend/Correct/Supplement Notice of Motion to Admit Counsel Pro Hac Vice. Ordered by Judge Pamela K. Chen on 1/17/2018. (Abdallah, Fida)
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Filing 33
NOTICE of Appearance by Melissa Murphy on behalf of Luxottica Retail North America Inc. (notification declined or already on case) (Murphy, Melissa)
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Filing 32
Amended MOTION to Amend/Correct/Supplement Notice of Motion to Admit Counsel Pro Hac Vice by Yesenia Ariza. (Calamusa, Steven)
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ORDER: In light of Plaintiffs' Amended Complaint #30 , the pre-motion conference scheduled for January 11, 2018 is adjourned. Defendant must file its amended pre-motion conference letter by January 23, 2018. Ordered by Judge Pamela K. Chen on 1/10/2018. (Hess, Alexandra)
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Filing 31
Notice of MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10102766. by Luxottica Retail North America Inc.. (Attachments: #1 Affidavit OF MELISSA MURPHY, #2 PENNSYLVANIA CERTIFICATE OF GOOD STANDING, #3 NEW JERSEY CERTIFICATE OF GOOD STANDING) (Murphy, Melissa)
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ELECTRONIC ORDER granting #31 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Chief Mag. Judge Roanne L. Mann on 1/9/2018. (Kelson, Lise)
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Filing 30
AMENDED COMPLAINT against All Defendants, filed by Gracelynn Tenagila, Amy Harloff, Stuart Rogoff, Yesenia Ariza, David Soukup.Associated Cases: 1:17-cv-05216-PKC-RLM, 1:17-cv-06315-PKC-LB, 1:17-cv-06389-PKC-RLM (Handmaker, Sally)
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SCHEDULING ORDER: Due to a change in the Court's schedule, a pre-motion conference shall now be held on January 11, 2018 at 4:00 p.m. in Courtroom 4F before Judge Pamela K. Chen. Ordered by Judge Pamela K. Chen on 1/3/2018. (Hess, Alexandra)
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ORDER: Having reviewed Mr. Steven Calamusa's #25 application, the Court realized after rescinding it's prior order denying denying his application, that counsel failed to provide a certificate of good standing from the State of Florida as required by Local Civil Rule 1.3(c). Mr. Calmausa shall supplement his application by filing his certificate of good standing for the state of Florida by 1/20/2018. Ordered by Judge Pamela K. Chen on 1/3/2018. (Abdallah, Fida)
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Filing 29
Letter Opposing Letter Motion for Pre-Motion Conference to Dismiss Consolidated Complaint by Gracelynn Tenagila, Kathleen Infante, Yesenia Ariza, David Soukup Associated Cases: 1:17-cv-05216-PKC-RLM, 1:17-cv-06315-PKC-LB, 1:17-cv-06389-PKC-RLM (Handmaker, Sally)
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ORDER granting #28 Motion for Pre-Motion Conference: A pre-motion conference shall be held on 1/19/2018 at 2:00 PM in Courtroom 4F North. Ordered by Judge Pamela K. Chen on 12/22/2017. (Hess, Alexandra)
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ORDER: The Court rescinds it's denial of #25 pro hac vice admission to attorney Mr. Steven Calamusa -- and grants his admission pro hac vice--in light of the granting of admission to other counsel in this case who did not submit notarized affidavits and in light of the ambiguity created by the differences in the court's Local Rule 1.3(c), which does not specifically state that the affidavit must be notarized, and admission form, which provides a section for notarization. Ordered by Judge Pamela K. Chen on 12/19/2017. (Abdallah, Fida)
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Filing 28
Letter MOTION for pre motion conference to file Motion to Dismiss Consolidated Complaint by Luxottica Retail North America Inc.. (Dante, Frank)
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Filing 27
AMENDED COMPLAINT Consolidated Complaint against All Defendants, filed by Gracelynn Tenagila, Kathleen Infante, Yesenia Ariza, David Soukup.Associated Cases: 1:17-cv-05216-PKC-RLM, 1:17-cv-06315-PKC-LB, 1:17-cv-06389-PKC-RLM (Handmaker, Sally)
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Case Consolidated. See Judge Pamela K. Chen's 12/8/2017 Order granting #26 Motion to Consolidate Cases and for Leave to File a Consolidated Complaint (Barrett, C) Modified on 12/11/2017 (Barrett, C).
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ORDER denying #25 Motion for Leave to Appear Pro Hac Vice: Application denied without prejudice, for failure to comply with Local Civil Rule 1.3(c): The "affidavit" is not notarized. Ordered by Judge Pamela K. Chen on 12/8/2017.(Hess, Alexandra)
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ORDER: The Parties' joint motion #26 to consolidate cases is granted. Leave to file a Consolidated Complaint is also granted. Actions 17-cv-06389, Infante v. Luxottica Retail North America, and 17-cv-06315, Tenagila v. Luxottica Retail North America, are terminated. All filings should be made in the lead case, 17-cv-05216. Ordered by Judge Pamela K. Chen on 12/8/2017. (Hess, Alexandra)
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Filing 26
MOTION to Consolidate Cases and for Leave to File a Consolidated Complaint by Yesenia Ariza, David Soukup. (Attachments: #1 Consolidated Complaint, #2 Proposed Order) (Handmaker, Sally)
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Filing 25
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9989553. by Yesenia Ariza, David Soukup. (Calamusa, Steven)
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ELECTRONIC ORDER. The Infante case [17-cv-6389] has been reassigned to the Honorable Pamela K. Chen and the undersigned magistrate judge as related to the Ariza case. The Court sets the same deadline for defendant to respond to the complaints in both actions: December 15, 2017. (In the event the Tenagila case [17-cv-6315] is similarly reassigned, the same deadline will apply to that case.) Ordered by Chief Mag. Judge Roanne L. Mann on 11/16/2017. (Godoy-Dalmau, Gabriel)
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Filing 24
NOTICE of Appearance by Frank Dante on behalf of Luxottica Retail North America Inc. (aty to be noticed) (Dante, Frank)
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ELECTRONIC ORDER re #22 Affidavit in Support of Motion, filed by Luxottica Retail North America Inc., is so-ordered. Ordered by Chief Mag. Judge Roanne L. Mann on 11/3/2017. (Kelson, Lise)
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Filing 23
Corporate Disclosure Statement by Luxottica Retail North America Inc. identifying Corporate Parent Luxottica Retail North America Inc., Corporate Parent Yesenia Ariza, Corporate Parent David Soukup for Luxottica Retail North America Inc.. (Svensson, Anna)
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Filing 22
AFFIDAVIT/DECLARATION in Support re #20 MOTION for Leave to Appear Pro Hac Vice for Frank A. Dante Filing fee $ 150, receipt number 0207-9949129. filed by Luxottica Retail North America Inc.. (Attachments: #1 Exhibit Certificate of Good Standing) (Svensson, Anna)
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Filing 21
Notice of Related Case (Bowens, Priscilla)
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ELECTRONIC ORDER #20 Motion for Leave to Appear Pro Hac Vice. Application denied without prejudice, for failure to comply with Local Civil Rule 1.3(c): The "affidavit" is not notarized and the attached certificates are stale. Ordered by Chief Mag. Judge Roanne L. Mann on 11/2/2017. (Kelson, Lise)
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Filing 20
MOTION for Leave to Appear Pro Hac Vice for Frank A. Dante Filing fee $ 150, receipt number 0207-9949129. by Luxottica Retail North America Inc.. (Attachments: #1 Exhibit Dante Pro Hac Affidavit, #2 Exhibit Certificate of Good Standing, #3 Corporate Disclosure Statement) (Svensson, Anna)
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Filing 19
Notice of Related Case (Bowens, Priscilla)
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Filing 18
Joint MOTION for Extension of Time to File Answer re #1 Complaint, by Luxottica Retail North America Inc.. (Svensson, Anna)
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ELECTRONIC ORDER granting #18 Motion for Extension of Time to Answer Luxottica Retail North America Inc. Application granted. Answer is due 12/15/2017. Ordered by Chief Mag. Judge Roanne L. Mann on 10/27/2017. (Godoy-Dalmau, Gabriel)
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Filing 17
NOTICE of Appearance by Theodore J. Leopold on behalf of All Plaintiffs (notification declined or already on case) (Leopold, Theodore)
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Filing 16
MOTION for Leave to Appear Pro Hac Vice / AFFIDAVIT NOTARIZED in support of #15 Motion to Admit Counsel Pro Hac Vice; filed by Yesenia Ariza, David Soukup (Leopold, Theodore) Modified. See doc.#15 : Filing fee $ 150, Receipt Number 0207-9918047.(Latka-Mucha, Wieslawa)
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ORDER granting #16 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Chief Mag. Judge Roanne L. Mann on 10/23/2017. (Kelson, Lise)
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ELECTRONIC ORDER denying without prejudice, #15 Motion for Leave to Appear Pro Hac Vice. As the applicant failed to submit the (notarized) affidavit required by Local Civil Rule 1.3(c). Ordered by Chief Mag. Judge Roanne L. Mann on 10/20/2017. (Kelson, Lise)
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Filing 15
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9918047. by Yesenia Ariza, David Soukup. (Attachments: #1 Affidavit, #2 Certificate of Good Standing) (Leopold, Theodore)
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Filing 14
MOTION for Extension of Time to File Answer re #1 Complaint, by Luxottica Retail North America Inc.. (Svensson, Anna)
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Filing 13
NOTICE of Appearance by Anna K. Svensson on behalf of Luxottica Retail North America Inc. (aty to be noticed) (Svensson, Anna)
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ELECTRONIC ORDER granting, on consent #14 The deadline for defendant Lens Crafters to respond to the complaint is extended to October 31, 2017. Ordered by Chief Mag. Judge Roanne L. Mann on 9/28/2017. (Kelson, Lise)
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Filing 12
NOTICE of Appearance by Sally M. Handmaker on behalf of Yesenia Ariza, David Soukup (notification declined or already on case) (Handmaker, Sally)
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Filing 11
NOTICE of Appearance by Andrew N. Friedman on behalf of Yesenia Ariza, David Soukup (notification declined or already on case) (Friedman, Andrew)
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Filing 10
NOTICE of Appearance by Geoffrey Graber on behalf of Yesenia Ariza, David Soukup (notification declined or already on case) (Graber, Geoffrey)
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Filing 9
MOTION for Leave to Appear Pro Hac Vice, Filing fee $ 150, receipt number 0207-9838033; filed on behalf of Yesenia Ariza, David Soukup. (Attachments: #1 Affidavit, #2 Certificates of Good Standing, #3 Payment Confirmation) (Friedman, Andrew) Modified. (Latka-Mucha, Wieslawa)
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ORDER granting #9 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Chief Mag. Judge Roanne L. Mann on 9/19/2017. (Kelson, Lise)
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Filing 8
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9835297. by Yesenia Ariza, David Soukup. (Attachments: #1 Affidavit, #2 Certificates of Good Standing) (Graber, Geoffrey)
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ORDER granting #8 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Chief Mag. Judge Roanne L. Mann on 9/18/2017. (Kelson, Lise)
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Filing 7
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9831535. by Yesenia Ariza, David Soukup. (Attachments: #1 Affidavit, #2 Certificates of Good Standing) (Handmaker, Sally)
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ELECTRONIC ORDER granting #7 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Chief Mag. Judge Roanne L. Mann on 9/15/2017. (Kelson, Lise)
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Filing 6
SUMMONS Returned Executed by Yesenia Ariza, David Soukup. Luxottica Retail North America Inc. served on 9/8/2017, answer due 9/29/2017. (Eisenkraft, Michael)
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Filing 5
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla)
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Filing 4
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)
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Filing 2
NOTICE of Appearance by Douglas J. McNamara on behalf of Yesenia Ariza, David Soukup (aty to be noticed) (McNamara, Douglas)
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Filing 3
Summons Issued as to Luxottica Retail North America Inc.. (Bowens, Priscilla)
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Case assigned to Judge Pamela K. Chen and Chief Mag. Judge Roanne L. Mann. 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. (Bowens, Priscilla)
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Filing 1
COMPLAINT against All Defendants filing fee $ 400, receipt number 0207-9805544 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Yesenia Ariza. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Eisenkraft, Michael)
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