Ariza et al v. Luxottica Retail North America
Plaintiff: David Soukup, Luxottica Retail North America Inc., Yesenia Ariza, Amy Harloff, Stuart Rogoff, Melissa Verrastro, Thomas Allegra and Mariana Elise Emmert
Defendant: Luxottica Retail North America Inc. doing business as Lenscrafters
Consolidated Plaintiff: Gracelynn Tenaglia and Kathleen Infante
Case Number: 1:2017cv05216
Filed: September 5, 2017
Court: US District Court for the Eastern District of New York
Office: Brooklyn Office
Presiding Judge: Pamela K Chen
Referring Judge: Roanne L Mann
Nature of Suit: Fraud or Truth-In-Lending
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 28, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 28, 2020 Filing 231 Letter Regarding Service of Opposition to Plaintiffs' Daubert Motion by Luxottica Retail North America Inc. (Dante, Frank)
July 29, 2020 Filing 230 Letter Regarding Service of Daubert Motion by Luxottica Retail North America Inc. (Dante, Frank)
July 29, 2020 Filing 229 Letter Regarding Service of Opposition to Motion for Class Certification by Luxottica Retail North America Inc. (Dante, Frank)
June 16, 2020 Opinion or Order 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)
June 16, 2020 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)
June 16, 2020 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)
June 15, 2020 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)
June 15, 2020 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)
June 15, 2020 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)
June 15, 2020 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)
May 29, 2020 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)
May 29, 2020 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)
May 20, 2020 Opinion or Order 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)
May 19, 2020 Filing 220 Letter MOTION to Amend/Correct/Supplement ECF 219 by Luxottica Retail North America Inc.. (Dante, Frank)
May 18, 2020 Opinion or Order 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)
May 18, 2020 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)
May 15, 2020 Opinion or Order 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)
May 1, 2020 Opinion or Order 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)
April 15, 2020 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)
April 15, 2020 Opinion or Order 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)
April 14, 2020 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)
April 10, 2020 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)
April 10, 2020 Opinion or Order 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)
April 10, 2020 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)
March 30, 2020 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)
March 30, 2020 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)
March 30, 2020 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)
March 30, 2020 Opinion or Order 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)
March 30, 2020 Opinion or Order 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)
March 27, 2020 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)
March 27, 2020 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)
March 25, 2020 Opinion or Order 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)
March 16, 2020 Filing 209 Letter MOTION for pre motion conference re Daubert Motions by Luxottica Retail North America Inc.. (Attachments: #1 Exhibit A) (Dante, Frank)
March 16, 2020 Filing 208 Letter MOTION for pre motion conference re Daubert motions by Stuart Rogoff, Gracelynn Tenaglia, Melissa Verrastro. (Graber, Geoffrey)
March 16, 2020 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)
March 16, 2020 Opinion or Order 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)
March 16, 2020 Opinion or Order 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)
March 13, 2020 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)
March 13, 2020 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)
February 6, 2020 Opinion or Order 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)
February 6, 2020 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)
February 6, 2020 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)
February 5, 2020 Opinion or Order 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)
February 5, 2020 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)
February 3, 2020 Opinion or Order 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)
February 3, 2020 Filing 200 REDACTION to #199 MOTION for Disclosure of Substitute Expert by Luxottica Retail North America Inc. (Murphy, Melissa)
February 3, 2020 Filing 199 MOTION for Disclosure of Substitute Expert by Luxottica Retail North America Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Murphy, Melissa)
February 3, 2020 Opinion or Order 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)
January 31, 2020 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)
January 29, 2020 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)
January 28, 2020 Opinion or Order 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)
January 27, 2020 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)
January 27, 2020 Opinion or Order 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)
January 24, 2020 Filing 196 REDACTION to #195 Letter MOTION for Extension of Time to File Subject to Clarification by Luxottica Retail North America Inc. (Dante, Frank)
January 24, 2020 Filing 195 Letter MOTION for Extension of Time to File Subject to Clarification by Luxottica Retail North America Inc.. (Dante, Frank)
January 24, 2020 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)
January 22, 2020 Filing 194 MOTION for Leave to Electronically File Document under Seal by Luxottica Retail North America Inc.. (Attachments: #1 Letter) (Dante, Frank)
January 22, 2020 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)
January 21, 2020 Opinion or Order 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)
January 21, 2020 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)
January 21, 2020 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)
January 17, 2020 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)
January 17, 2020 Filing 190 MOTION to Redact Transcript #172 Transcript,, by Luxottica Retail North America Inc.. (Iannucci, Michael)
January 17, 2020 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)
January 17, 2020 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)
January 17, 2020 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)
January 16, 2020 Opinion or Order 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)
January 14, 2020 Filing 186 REDACTION to #184 1 - Sealed Document CV,, Response in Opposition to Motion, by Luxottica Retail North America Inc. (Iannucci, Michael)
January 14, 2020 Filing 185 REDACTION to #179 1 - Sealed Document CV, Response in Opposition to Motion by Luxottica Retail North America Inc. (Iannucci, Michael)
January 14, 2020 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)
January 14, 2020 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)
January 14, 2020 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)
January 14, 2020 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)
January 13, 2020 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)
January 10, 2020 Opinion or Order 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)
January 9, 2020 Filing 180 Transcript Redaction Request re #172 Transcript,, by attorney Michael A. Iannucci (Attachments: #1 Exhibit A) (Iannucci, Michael)
January 9, 2020 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)
January 9, 2020 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)
January 9, 2020 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)
January 8, 2020 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)
January 8, 2020 ELECTRONIC ORDER re #176 : Application granted, on consent. Ordered by Chief Magistrate Judge Roanne L. Mann on 1/8/2020. (Vallens, Adrian)
January 8, 2020 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)
January 7, 2020 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)
January 7, 2020 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)
January 3, 2020 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)
January 3, 2020 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)
January 3, 2020 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)
December 19, 2019 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)
December 18, 2019 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)
December 16, 2019 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)
December 12, 2019 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)
December 11, 2019 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)
December 10, 2019 Opinion or Order 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)
December 9, 2019 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)
December 9, 2019 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)
December 9, 2019 Opinion or Order 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)
December 4, 2019 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)
December 3, 2019 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)
December 3, 2019 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)
November 25, 2019 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)
November 25, 2019 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)
November 22, 2019 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)
November 22, 2019 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)
November 19, 2019 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)
November 19, 2019 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)
November 19, 2019 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)
November 19, 2019 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)
November 18, 2019 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)
November 15, 2019 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)
November 15, 2019 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)
November 15, 2019 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)
November 15, 2019 Filing 155 MOTION to Strike Improper Expert Reports by Luxottica Retail North America Inc.. (Dante, Frank)
November 12, 2019 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)
November 12, 2019 Filing 152 REDACTION to #150 MOTION to Strike Untimely Expert Opinion [Public Version] by Luxottica Retail North America Inc. (Iannucci, Michael)
November 12, 2019 Opinion or Order 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)
November 12, 2019 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)
November 8, 2019 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)
November 8, 2019 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)
November 7, 2019 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)
October 9, 2019 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)
October 9, 2019 Opinion or Order 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)
October 9, 2019 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)
September 4, 2019 Opinion or Order 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)
September 4, 2019 Opinion or Order 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)
September 3, 2019 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)
September 3, 2019 Opinion or Order 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)
August 30, 2019 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)
August 16, 2019 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)
August 13, 2019 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)
August 9, 2019 Opinion or Order 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)
August 5, 2019 Filing 142 Letter in Response to Order Dated August 2, 2019 by Luxottica Retail North America Inc. (Dante, Frank)
August 2, 2019 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)
July 31, 2019 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)
July 29, 2019 Opinion or Order 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)
July 29, 2019 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)
July 26, 2019 Opinion or Order Filing 140 ORDER See attached order. Ordered by Chief Magistrate Judge Roanne L. Mann on 7/26/2019. (Kelson, Lise)
July 22, 2019 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)
July 18, 2019 Filing 138 STATUS REPORT Concerning Electronically Stored Information by Luxottica Retail North America Inc. (Dante, Frank)
July 16, 2019 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)
July 15, 2019 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)
July 10, 2019 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)
July 9, 2019 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)
July 3, 2019 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)
June 28, 2019 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)
June 28, 2019 Opinion or Order 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)
June 28, 2019 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)
June 27, 2019 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)
June 26, 2019 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)
June 26, 2019 Filing 128 MOTION to Compel by Luxottica Retail North America Inc.. (Dante, Frank)
June 26, 2019 Filing 127 RESPONSE TO ORDER TO SHOW CAUSE by Luxottica Retail North America Inc. (Dante, Frank)
June 26, 2019 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)
June 25, 2019 Opinion or Order 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)
June 24, 2019 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)
June 20, 2019 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)
June 14, 2019 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)
May 30, 2019 Opinion or Order 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)
May 28, 2019 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)
May 22, 2019 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)
May 21, 2019 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)
May 21, 2019 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)
April 30, 2019 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)
April 29, 2019 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)
April 26, 2019 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)
April 25, 2019 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)
April 25, 2019 Filing 117 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11420235. by Luxottica Retail North America Inc.. (Obrien, Courtney)
April 16, 2019 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)
April 16, 2019 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)
April 11, 2019 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).
April 10, 2019 Opinion or Order 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)
April 1, 2019 Opinion or Order 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)
April 1, 2019 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)
April 1, 2019 Opinion or Order 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)
March 29, 2019 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)
March 27, 2019 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)
March 26, 2019 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)
March 26, 2019 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)
March 25, 2019 Filing 108 Letter MOTION for Protective Order re 30(b)(6) by Luxottica Retail North America Inc.. (Dante, Frank)
March 25, 2019 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)
March 25, 2019 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)
March 25, 2019 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)
March 22, 2019 Filing 106 Letter MOTION for Leave to File Excess Pages by Luxottica Retail North America Inc.. (Dante, Frank)
March 22, 2019 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)
March 22, 2019 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)
March 22, 2019 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)
March 22, 2019 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)
March 21, 2019 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)
March 21, 2019 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)
March 15, 2019 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)
March 15, 2019 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)
March 15, 2019 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)
March 14, 2019 Filing 99 NOTICE of Appearance by Martin Simon Krezelek on behalf of Luxottica Retail North America Inc. (aty to be noticed) (Krezelek, Martin)
March 13, 2019 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)
March 13, 2019 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)
March 12, 2019 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)
March 5, 2019 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)
March 4, 2019 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)
February 14, 2019 Opinion or Order 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)
February 14, 2019 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)
February 14, 2019 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)
February 8, 2019 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)
February 7, 2019 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)
February 7, 2019 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)
February 7, 2019 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)
February 7, 2019 ELECTRONIC ORDER: Permission to file supplemental affidavit #83 is granted. Ordered by Chief Mag. Judge Roanne L. Mann on 2/7/2019. (Cardenas, Alex)
February 7, 2019 ELECTRONIC ORDER: Permission to file supplemental affidavits #86 is granted. Ordered by Chief Mag. Judge Roanne L. Mann on 2/7/2019. (Cardenas, Alex)
February 6, 2019 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).
February 5, 2019 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)
February 5, 2019 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)
February 5, 2019 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)
February 4, 2019 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)
February 4, 2019 Filing 85 MOTION to Appear by Telephone by Luxottica Retail North America Inc.. (Proujansky, Josh)
February 1, 2019 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)
January 29, 2019 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)
January 28, 2019 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)
January 24, 2019 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)
January 24, 2019 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)
January 18, 2019 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)
January 18, 2019 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)
January 18, 2019 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)
January 18, 2019 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)
January 18, 2019 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)
January 18, 2019 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)
January 18, 2019 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)
January 18, 2019 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)
January 16, 2019 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)
January 16, 2019 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)
January 16, 2019 Opinion or Order 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)
January 14, 2019 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)
January 14, 2019 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)
January 14, 2019 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)
January 10, 2019 Opinion or Order 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)
January 9, 2019 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)
December 4, 2018 Opinion or Order 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)
December 4, 2018 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)
November 21, 2018 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)
November 20, 2018 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)
October 30, 2018 Filing 66 ANSWER to #50 Amended Complaint and Affirmative Defenses by Luxottica Retail North America Inc.. (Dante, Frank)
October 19, 2018 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)
October 17, 2018 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)
October 17, 2018 Opinion or Order 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)
October 16, 2018 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)
October 16, 2018 Opinion or Order 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)
October 16, 2018 Opinion or Order 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)
October 15, 2018 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)
October 15, 2018 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)
October 10, 2018 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)
October 10, 2018 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)
October 10, 2018 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)
October 10, 2018 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)
October 10, 2018 Filing 57 REPLY in Opposition to Motion to Seal filed by Luxottica Retail North America Inc.. (Dante, Frank)
October 10, 2018 Opinion or Order 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)
October 9, 2018 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)
October 9, 2018 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)
October 5, 2018 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)
October 5, 2018 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)
October 5, 2018 Opinion or Order 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)
October 4, 2018 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)
October 3, 2018 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)
September 21, 2018 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)
June 15, 2018 Filing 49 STATUS REPORT (Joint Status Report) by Kathleen Infante, Luxottica Retail North America Inc., Gracelynn Tenagila (Dante, Frank)
June 8, 2018 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)
June 5, 2018 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)
May 21, 2018 Filing 47 RESPONSE in Opposition re #46 MOTION to Compel Production of Hit Report filed by Luxottica Retail North America Inc.. (Murphy, Melissa)
May 17, 2018 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)
May 17, 2018 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)
May 14, 2018 Opinion or Order ORDER granting #45 Motion for Protective Order. Ordered by Chief Mag. Judge Roanne L. Mann on 5/14/2018. (Kelson, Lise)
May 11, 2018 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)
April 9, 2018 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)
March 28, 2018 Opinion or Order 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)
March 28, 2018 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)
March 26, 2018 Filing 42 ANSWER to #30 Amended Complaint and Affirmative Defenses by Luxottica Retail North America Inc.. (Murphy, Melissa)
February 22, 2018 Filing 41 Letter by Luxottica Retail North America Inc. (Iannucci, Michael)
February 13, 2018 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)
February 8, 2018 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)
February 7, 2018 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)
February 6, 2018 Opinion or Order 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)
February 5, 2018 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)
February 2, 2018 ELECTRONIC ORDER granting #37 Motion to Appoint Interim Class Counsel. Ordered by Chief Mag. Judge Roanne L. Mann on 2/2/2018. (Kelson, Lise)
February 1, 2018 Opinion or Order 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)
January 31, 2018 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).
January 30, 2018 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)
January 30, 2018 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)
January 26, 2018 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)
January 23, 2018 Filing 34 Letter MOTION for pre motion conference by Luxottica Retail North America Inc.. (Dante, Frank)
January 17, 2018 Opinion or Order 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)
January 11, 2018 Filing 33 NOTICE of Appearance by Melissa Murphy on behalf of Luxottica Retail North America Inc. (notification declined or already on case) (Murphy, Melissa)
January 10, 2018 Filing 32 Amended MOTION to Amend/Correct/Supplement Notice of Motion to Admit Counsel Pro Hac Vice by Yesenia Ariza. (Calamusa, Steven)
January 10, 2018 Opinion or Order 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)
January 9, 2018 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)
January 9, 2018 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)
January 5, 2018 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)
January 3, 2018 Opinion or Order 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)
January 3, 2018 Opinion or Order 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)
December 22, 2017 Opinion or Order 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)
December 22, 2017 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)
December 19, 2017 Opinion or Order 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)
December 15, 2017 Filing 28 Letter MOTION for pre motion conference to file Motion to Dismiss Consolidated Complaint by Luxottica Retail North America Inc.. (Dante, Frank)
December 12, 2017 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)
December 8, 2017 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).
December 8, 2017 Opinion or Order 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)
December 8, 2017 Opinion or Order 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)
December 7, 2017 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)
November 17, 2017 Filing 25 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9989553. by Yesenia Ariza, David Soukup. (Calamusa, Steven)
November 16, 2017 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)
November 9, 2017 Filing 24 NOTICE of Appearance by Frank Dante on behalf of Luxottica Retail North America Inc. (aty to be noticed) (Dante, Frank)
November 3, 2017 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)
November 2, 2017 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)
November 2, 2017 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)
November 2, 2017 Filing 21 Notice of Related Case (Bowens, Priscilla)
November 2, 2017 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)
November 1, 2017 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)
October 30, 2017 Filing 19 Notice of Related Case (Bowens, Priscilla)
October 27, 2017 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)
October 27, 2017 Filing 18 Joint MOTION for Extension of Time to File Answer re #1 Complaint, by Luxottica Retail North America Inc.. (Svensson, Anna)
October 23, 2017 Filing 17 NOTICE of Appearance by Theodore J. Leopold on behalf of All Plaintiffs (notification declined or already on case) (Leopold, Theodore)
October 23, 2017 Opinion or Order 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)
October 23, 2017 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)
October 20, 2017 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)
October 19, 2017 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)
September 28, 2017 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)
September 28, 2017 Filing 14 MOTION for Extension of Time to File Answer re #1 Complaint, by Luxottica Retail North America Inc.. (Svensson, Anna)
September 28, 2017 Filing 13 NOTICE of Appearance by Anna K. Svensson on behalf of Luxottica Retail North America Inc. (aty to be noticed) (Svensson, Anna)
September 20, 2017 Filing 12 NOTICE of Appearance by Sally M. Handmaker on behalf of Yesenia Ariza, David Soukup (notification declined or already on case) (Handmaker, Sally)
September 20, 2017 Filing 11 NOTICE of Appearance by Andrew N. Friedman on behalf of Yesenia Ariza, David Soukup (notification declined or already on case) (Friedman, Andrew)
September 20, 2017 Filing 10 NOTICE of Appearance by Geoffrey Graber on behalf of Yesenia Ariza, David Soukup (notification declined or already on case) (Graber, Geoffrey)
September 19, 2017 Opinion or Order 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)
September 19, 2017 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)
September 18, 2017 Opinion or Order 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)
September 18, 2017 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)
September 15, 2017 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)
September 15, 2017 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)
September 12, 2017 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)
September 7, 2017 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)
September 7, 2017 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)
September 6, 2017 Filing 2 NOTICE of Appearance by Douglas J. McNamara on behalf of Yesenia Ariza, David Soukup (aty to be noticed) (McNamara, Douglas)
September 5, 2017 Filing 3 Summons Issued as to Luxottica Retail North America Inc.. (Bowens, Priscilla)
September 5, 2017 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)
September 5, 2017 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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Search for this case: Ariza et al v. Luxottica Retail North America
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Plaintiff: David Soukup
Represented By: Michael B. Eisenkraft
Represented By: Andrew N. Friedman
Represented By: Steven G. Calamusa
Represented By: Sally Handmaker Guido
Represented By: Geoffrey Graber
Represented By: Douglas J. McNamara
Represented By: Brian Johnson
Represented By: Theodore J. Leopold
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Plaintiff: Luxottica Retail North America Inc.
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Plaintiff: Yesenia Ariza
Represented By: Michael B. Eisenkraft
Represented By: Andrew N. Friedman
Represented By: Steven G. Calamusa
Represented By: Sally Handmaker Guido
Represented By: Brian Johnson
Represented By: Geoffrey Graber
Represented By: Paul M. Stephan
Represented By: Douglas J. McNamara
Represented By: Theodore J. Leopold
Represented By: Eric A. Kafka
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Plaintiff: Amy Harloff
Represented By: Sally Handmaker Guido
Represented By: Brian Johnson
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Plaintiff: Stuart Rogoff
Represented By: Sally Handmaker Guido
Represented By: Geoffrey Graber
Represented By: Brian Johnson
Represented By: Paul M. Stephan
Represented By: Eric A. Kafka
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Plaintiff: Melissa Verrastro
Represented By: Sally Handmaker Guido
Represented By: Geoffrey Graber
Represented By: Brian Johnson
Represented By: Paul M. Stephan
Represented By: Eric A. Kafka
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Plaintiff: Thomas Allegra
Represented By: Sally Handmaker Guido
Represented By: Geoffrey Graber
Represented By: Brian Johnson
Represented By: Paul M. Stephan
Represented By: Eric A. Kafka
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Plaintiff: Mariana Elise Emmert
Represented By: Sally Handmaker Guido
Represented By: Geoffrey Graber
Represented By: Brian Johnson
Represented By: Paul M. Stephan
Represented By: Eric A. Kafka
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Defendant: Luxottica Retail North America Inc. doing business as Lenscrafters
Represented By: Frank Dante
Represented By: Melissa Murphy
Represented By: Michael A. Iannucci
Represented By: Anna Katrin Broccolo
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Consolidated plaintiff: Gracelynn Tenaglia
Represented By: Robert E. Gordon
Represented By: Andrew N. Friedman
Represented By: Theodore J. Leopold
Represented By: Steven G. Calamusa
Represented By: Sally Handmaker Guido
Represented By: Geoffrey Graber
Represented By: Brian Johnson
Represented By: Paul M. Stephan
Represented By: Eric A. Kafka
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Consolidated plaintiff: Kathleen Infante
Represented By: Robert Gordon
Represented By: Theodore J. Leopold
Represented By: Andrew Friedman
Represented By: Steven G. Calamusa
Represented By: Sally Handmaker Guido
Represented By: Geoffrey Graber
Represented By: Brian Johnson
Represented By: Eric A. Kafka
Represented By: Charles Philip Reichmann
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