Palmer et al v. Amazon.com Inc et al
| Benita Rouse, Kendia Mesidor, Luis Pellot-Chandler, Alexander Rouse, Barbara Chandler, Derrick Palmer and Deasahni Bernard |
| Amazon.com Services LLC, Amazon.com Inc and Amazon.com, Inc. |
| Rep. Joseph P. Kennedy III, Rep. Jesus G. Garcia, Rep. Ilhan Omar, The Open Society Policy Center, Rep. Adriano Espaillat, RWDSU, Union Syndicale Solidaires, Federation Nationale des Transports et de la Logistique FORCE OUVRIERE, Rep. Grace Meng, Rep. Jerrold Nadler, Sen. Cory Booker, New York State Office of the Attorney General, Sen. Edward Markey, Rep. Pramila Jayapal, Federation Nationale des Syndicats de Transports CGT, Sen. Bernard Sanders, Rep. Alexandria Ocasio-Cortez, Rep. Nydia Velazquez, Rep. Max Rose, Rep. Barbara Lee, Rep. Rashida Tlaib, Rep. Ro Khanna and UNI Global Union |
| 1:2020cv02468 |
| June 3, 2020 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| P.I.: Other |
| 28 U.S.C. § 2201 Constitutionality of State Statute(s) |
| None |
Docket Report
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This docket was last retrieved on December 5, 2022. A more recent docket listing may be available from PACER.
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Civil Case Terminated as per plaintiffs' Rule 41(a) notice. Ordered by Judge Brian M. Cogan on 12/5/2022. (Cogan, Brian)
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Filing 82
NOTICE of Voluntary Dismissal by Deasahni Bernard, Barbara Chandler, Kendia Mesidor, Derrick Palmer, Luis Pellot-Chandler, Alexander Rouse, Benita Rouse (Gilbride, Karla)
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Minute Entry for Status Conference held before Judge Brian M. Cogan on 11/18/2022. Both sides present by videoconference. Plaintiffs to inform the Court by 12/2/2022 whether they intend to amend the complaint. Answer and discovery are stayed pending further order. See transcript for details. (Court Reporter Avery Armstrong) (PW)
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Filing 81
Letter in reply to Plaintiffs' Response Letter (Dkt. No. 80) by Amazon.com Inc, Amazon.com Services LLC (Schwartz, Jason)
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Filing 80
RESPONSE in Opposition re #79 MOTION for pre motion conference for Motion for Summary Judgment filed by All Plaintiffs. (Gilbride, Karla)
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Filing 79
MOTION for pre motion conference for Motion for Summary Judgment by Amazon.com Inc, Amazon.com Services LLC. (Schwartz, Jason)
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SCHEDULING ORDER. Plaintiff is ORDERED to file a detailed response to defendants' letter #79 by 11/16/2022. Status Conference set for 11/15/2022 is reset to 11/18/2022 at 1:00 PM by video. A ZoomGov link will be emailed to counsel of record. Ordered by Judge Brian M. Cogan on 11/9/2022. (PW)
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Filing 78
MANDATE of USCA as to #75 Notice of Appeal, filed by Kendia Mesidor, Derrick Palmer, Alexander Rouse, Benita Rouse, Luis Pellot-Chandler, Deasahni Bernard, Barbara Chandler. IT IS HEREBY ORDERED, ADJUDGED and DECREED that the District Courts dismissal of Plaintiffs public nuisance claim and NYLL 191 claims for damages and injunctive relief is AFFIRMED; the District Courts dismissal of Plaintiffs NYLL 200 claim seeking a declaratory judgment and injunctive relief is VACATED; and the cause is REMANDED to the District Court for further proceedings on that claim. Issued as Mandate: 11/08/2022. USCA# 20-3989 (TT)
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SCHEDULING ORDER: A Status Conference will be held on 11/15/2022 at 11:30 AM by video. A ZoomGov link will be emailed to counsel of record. The public can listen to the proceedings by dialing 888-684-8852 and entering access code 6427877#. Ordered by Judge Brian M. Cogan on 11/8/2022. (PW)
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Filing 77
MOTION to Withdraw as Attorney Avi Weitzman by Amazon.com Inc, Amazon.com Services LLC. (Attachments: #1 Declaration of Jason Schwartz, #2 Proposed Order) (Schwartz, Jason)
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ORDER granting #77 Motion to Withdraw as Attorney. Attorney Avi Weitzman terminated. Ordered by Judge Brian M. Cogan on 10/28/2022. (PW)
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Filing 76
ORDER of USCA as to #75 Notice of Appeal, filed by Kendia Mesidor, Derrick Palmer, Alexander Rouse, Benita Rouse, Luis Pellot-Chandler, Deasahni Bernard, Barbara Chandler. Accordingly, we AFFIRM the District Courts dismissal of Plaintiffs public nuisance claim and NYLL 191 claims for damages and injunctive relief; and we VACATE the District Courts dismissal of Plaintiffs NYLL 200 claim seeking a declaratory judgment and injunctive relief and REMAND to the District Court for further proceedings on this claim. Certified Copy Issued: 10/18/2022. USCA# 20-3989. (VJ)
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Filing 75
NOTICE OF APPEAL as to #73 Order on Motion to Dismiss, by Deasahni Bernard, Barbara Chandler, Kendia Mesidor, Derrick Palmer, Luis Pellot-Chandler, Alexander Rouse, Benita Rouse. Filing fee $ 505, receipt number ANYEDC-13732631. Appeal Record due by 12/8/2020. (Gilbride, Karla)
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Electronic Index to Record on Appeal sent to US Court of Appeals. #75 Notice of Appeal, Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (McGee, Mary Ann)
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Filing 74
VACATED CLERK'S JUDGMENT dated 11/3/20 that Defendants' motion to dismiss is granted; that Plaintiffs' public nuisance and NYLL 200 claims are dismissed without prejudice pursuant to the doctrine of primary jurisdiction; and that Plaintiffs' NYLL 191 claims are dismissed with prejudice. ( Ordered by Jalitza Poveda, Deputy Clerk on behalf of Douglas C. Plamer, Clerk of Court on 11/3/2020 ) (Guzzi, Roseann) Modified on 11/9/2022 to vacate pursuant to the Order and Mandate of the U.S. Court of Appeals 11/08/2022. (RG).
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Filing 73
MEMORANDUM DECISION AND ORDER dated 11/1/10 that defendant's #65 Motion to Dismiss is granted. Plaintiffs' public nuisance and NYLL 200 claims are dismissed without prejudice pursuant to the doctrine of primary jurisdiction. Plaintiffs' NYLL 191 claims are dismissed with prejudice. ( Ordered by Judge Brian M. Cogan on 11/1/2020 ) *Forwarded for jgm (Guzzi, Roseann) (Main Document 73 replaced on 12/1/2020)Court of appeals was having a hard time processing due to problem w/signature (Guzzi, Roseann).
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Filing 72
Letter In Response To Plaintiffs' October 14 Letter (Dkt. No. 71) by Amazon.com Inc, Amazon.com Services LLC (Schwartz, Jason)
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ORDER re: #71 and #72 . The Court will not consider any request in Plaintiffs' "Notice" because any filing that seeks relief from the Court must be presented as a motion. The Court cautions the parties that it will not tolerate future filings like #71 and #72 . The parties may bring matters to the Court's attention as necessary but may not use such filings solely to publicize their respective positions in this case. Ordered by Judge Brian M. Cogan on 10/16/2020. (Weisberg, Peggy)
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Filing 71
NOTICE by Deasahni Bernard, Barbara Chandler, Kendia Mesidor, Derrick Palmer, Luis Pellot-Chandler, Alexander Rouse, Benita Rouse of Amazon's reinstatement of productivity feedback at JFK8 (Attachments: #1 declaration of Derrick Palmer re reinstatement of productivity feedback at JFK8) (Gilbride, Karla)
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Filing 70
AFFIDAVIT/DECLARATION in Support re #65 MOTION to Dismiss /Declaration of Jason C. Schwartz in Support of Defendants' Reply in Support of Their Motion to Dismiss filed by Amazon.com Inc, Amazon.com Services LLC. (Attachments: #1 Exhibit A - Does v. Scalia OSHA Brief, #2 Exhibit B - Does v. Scalia Hearing Transcript, #3 Exhibit C - Quirk v. DiFiore Defendants' Brief, #4 Exhibit D - Wortman v. Princess Cruise Lines Order) (Schwartz, Jason)
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Filing 69
REPLY in Support re #65 MOTION to Dismiss filed by Amazon.com Inc, Amazon.com Services LLC. (Schwartz, Jason)
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Filing 68
RESPONSE in Opposition re #65 MOTION to Dismiss filed by All Plaintiffs. (Terrell, Beth)
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Filing 67
AFFIDAVIT/DECLARATION in Support re #65 MOTION to Dismiss - Declaration of Jason C. Schwartz in Support of Defendants' Motion to Dismiss filed by Amazon.com Inc, Amazon.com Services LLC. (Attachments: #1 Exhibit A- OSHA Brief, #2 Exhibit B- Brent Order, #3 Exhibit C- Common-Interest Agreement) (Schwartz, Jason) (Attachment 2 replaced on 4/9/2021) (Lee, Tiffeny).
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Filing 66
MEMORANDUM in Support re #65 MOTION to Dismiss filed by Amazon.com Inc, Amazon.com Services LLC. (Schwartz, Jason)
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Filing 65
MOTION to Dismiss by Amazon.com Inc, Amazon.com Services LLC. (Schwartz, Jason)
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Filing 64
NOTICE of Appearance by Erika L. Nusser on behalf of All Plaintiffs (aty to be noticed) (Nusser, Erika)
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| Filing 63 AMENDED COMPLAINT against Amazon.com Inc, Amazon.com Services LLC, filed by Kendia Mesidor, Derrick Palmer, Luis Pellot-Chandler, Benita Rouse, Alexander Rouse, Barbara Chandler, Deasahni Bernard. (Turner, Juno) |
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ORDER granting #61 Erika Nusser's Motion for Leave to Appear Pro Hac Vice as counsel for plaintiffs. 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 the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Judge Brian M. Cogan on 7/28/2020. (Weisberg, Peggy)
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| Filing 62 Corporate Disclosure Statement by Amazon.com Inc, Amazon.com Services LLC identifying Corporate Parent Amazon.com, Inc., Corporate Parent Amazon.com Sales, Inc. for Amazon.com Services LLC. (Schwartz, Jason) |
| Filing 61 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-13098948. by Barbara Chandler, Kendia Mesidor, Derrick Palmer, Luis Pellot-Chandler, Alexander Rouse, Benita Rouse. (Attachments: #1 Erika L. Nusser Affidavit, #2 Certificate of Good Standing) (Nusser, Erika) |
| Minute Entry and Order for Premotion Conference held on 7/21/2020 before Judge Brian M. Cogan. Counsel for both sides appeared by telephone. Argument heard on defendants' proposed motion to dismiss. Plaintiffs shall file an amended complaint, if at all, by 7/28/2020. By 8/11/2020, defendants shall file their motion to dismiss; opposition by 8/25/2020; reply by 9/1/2020. Discovery shall go forward only with regard to the allegations concerning defendants' failures or deficiencies in employee payment. See transcript for details. (Court Reporter: Lisa Schmid.) (Weisberg, Peggy) |
| Filing 60 MOTION to Withdraw #6 MOTION for Preliminary Injunction by Barbara Chandler, Kendia Mesidor, Derrick Palmer, Luis Pellot-Chandler, Alexander Rouse, Benita Rouse. (Jordan, Elizabeth) |
| Filing 59 NOTICE of Appearance by Valerie Collins on behalf of All Plaintiffs (notification declined or already on case) (Collins, Valerie) |
| Filing 58 NOTICE of Appearance by David Seligman on behalf of All Plaintiffs (notification declined or already on case) (Seligman, David) |
| Filing 57 Letter MOTION to Strike #53 Letter, Exhibit C - Deasahni Bernard Declaration by Amazon.com Inc, Amazon.com Services LLC. (Schwartz, Jason) |
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ORDER denying #57 motion to strike. The Court is aware of both sides' last-minute submissions and finds defendants' criticism to be hypocritical in light of it. In any event, the Court is perfectly able to ignore or discount evidence offered in contravention of its instructions or that is either cumulative of other testimony or irrelevant to the issues of fact plaintiffs say need to be resolved. Ordered by Judge Brian M. Cogan on 7/14/2020. (Weisberg, Peggy)
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ORDER granting #60 motion to withdraw #6 motion for preliminary injunction. A press release was not required to advise the Court that plaintiffs are withdrawing their motion, and defendants are directed not to respond in kind. The premotion conference on defendants' motion to dismiss is reset from 7/15/2020 to 7/21/2020 at 11:00 am by telephone. Parties are directed to use the toll-free number 888-684-8852 and access code 6427877#. Ordered by Judge Brian M. Cogan on 7/14/2020. (Weisberg, Peggy)
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| Filing 56 NOTICE of Appearance by Karla Gilbride on behalf of Barbara Chandler, Kendia Mesidor, Derrick Palmer, Luis Pellot-Chandler, Alexander Rouse, Benita Rouse (aty to be noticed) (Gilbride, Karla) |
| Filing 55 MOTION to Appear Pro Hac Vice by Valerie Collins Filing fee $ 150, receipt number ANYEDC-13056769. by Barbara Chandler, Kendia Mesidor, Derrick Palmer, Luis Pellot-Chandler, Alexander Rouse, Benita Rouse. (Attachments: #1 Affidavit, #2 Certificate of Standing) (Collins, Valerie) |
| Filing 54 NOTICE of Appearance by Stephanie K. Glaberson on behalf of All Plaintiffs (aty to be noticed) (Glaberson, Stephanie) |
| Filing 53 Letter to Judge Cogan by Barbara Chandler, Kendia Mesidor, Derrick Palmer, Luis Pellot-Chandler, Alexander Rouse, Benita Rouse (Attachments: #1 Exhibit A - Chart of disputed facts, #2 Exhibit B - Second Palmer Decl., #3 Exhibit C - Deasahni Bernard Decl., #4 Exhibit D - Article) (Seligman, David) |
| Filing 52 Letter to Judge Brian M. Cogan from Jason C. Schwartz re submission of the Supplemental Declaration of Meghan Fitzgerald by Amazon.com Inc, Amazon.com Services LLC (Attachments: #1 Exhibit 1 - Declaration of Meghan Fitzgerald) (Schwartz, Jason) |
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ORDER: The hearing scheduled for July 15, 2020 at 11:00 AM will proceed by video conference with instruction given to counsel of record. Public audio access is available by dialing 888-684-8852 and entering access code 6427877#. Ordered by Judge Brian M. Cogan on 7/13/2020. (Clarke, Melonie)
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ORDER re: #53 Letter. Counsel is advised that any letter filed in this action must include in the ECF entry line a brief description of the subject matter of the letter, e.g., "Letter providing Court with two-column chart juxtaposing conflicting statements," not simply, "Letter", so that the docket remains intelligible. Do not refile the letter. Ordered by Judge Brian M. Cogan on 7/13/2020. (Weisberg, Peggy)
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ORDER granting #55 Valerie Collins' Motion for Leave to Appear Pro Hac Vice as counsel for plaintiffs. 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 the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Judge Brian M. Cogan on 7/13/2020. (Weisberg, Peggy)
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ORDER re: [50 and 51]. The Court is not prepared to rule on defendants' legal points at this time and will therefore proceed with an evidentiary hearing in the following manner: (1) In light of plaintiffs' representation that their motion for a preliminary injunction "presents serious factual disputes," plaintiff shall file a two-column chart by 5:00 p.m. on 7/13/20 (the "Designation Date"), juxtaposing those conflicting statements from the parties' affidavits that they contend raise material factual issues; (2) the Court will not permit direct examination of witnesses at the hearing, but in lieu thereof, the Court will receive the affidavits and exhibits previously submitted as each affiant's direct testimony; (3) by the Designation Date, each side will notify its adversary of those affiants whom it wishes to cross-examine, and the proponent of that affiant will produce the witness at the hearing by video for cross-examination and, if necessary, redirect examination; (4) the affidavit of any witness that either side is not willing to produce shall be deemed withdrawn; and (5) the Court will not place time limits on cross and redirect examination, but will curtail or terminate any examination it finds is not helpful. The Court will notify the parties of video arrangements in a subsequent Order. Ordered by Judge Brian M. Cogan on 7/11/2020. (Cogan, Brian)
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| Filing 51 Letter to the Honorable Brian M. Cogan from Jason C. Schwartz re: preliminary injunction hearing by Amazon.com Inc, Amazon.com Services LLC (Attachments: #1 Exhibit A- Correspondence Between Counsel) (Schwartz, Jason) |
| Filing 50 Letter proposal re: preliminary injunction hearing by Barbara Chandler, Kendia Mesidor, Derrick Palmer, Luis Pellot-Chandler, Alexander Rouse, Benita Rouse (Turner, Juno) |
| Filing 49 MOTION for pre motion conference re Order on Motion for Pre Motion Conference,, #48 Letter by New York State Office of the Attorney General. (Kupferberg, Seth) |
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ORDER granting #49 in part. The State's letter motion is deemed to constitute its amicus curiae brief on behalf of plaintiffs in this case. The Court will consider the State's positions as outlined in the letter. Ordered by Judge Brian M. Cogan on 7/9/2020. (Weisberg, Peggy)
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| Filing 48 Letter in Response to Defendants' Letter Motion for Premotion Conference (Dkt. No. 36) by Barbara Chandler, Kendia Mesidor, Derrick Palmer, Luis Pellot-Chandler, Alexander Rouse, Benita Rouse (Seligman, David) |
| Filing 47 MOTION to Appear Pro Hac Vice by David Seligman Filing fee $ 150, receipt number ANYEDC-13034757. by Barbara Chandler, Kendia Mesidor, Derrick Palmer, Luis Pellot-Chandler, Alexander Rouse, Benita Rouse. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Certificate of Good Standing, #4 Certificate of Good Standing) (Seligman, David) |
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ORDER. By 7/10/2020, the parties shall advise the Court as to how they propose the preliminary injunction hearing should proceed, and in particular whether there is a need for testimony as to material disputed facts concerning plaintiffs' claims or if oral argument alone will be sufficient. Ordered by Judge Brian M. Cogan on 7/8/2020. (Weisberg, Peggy)
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ORDER granting #11 #12 #13 #18 motions to appear and submit briefs as amicus curiae. There being no opposition by defendants, the Court accepts the appearance and submissions of the proposed amici in this case. However, the extent of their involvement shall go no further than what now appears on the record. The Court will consider their respective positions as set forth in their briefs. Ordered by Judge Brian M. Cogan on 7/8/2020. (Weisberg, Peggy)
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ORDER granting #47 David Seligman's Motion for Leave to Appear Pro Hac Vice as counsel for plaintiffs. 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 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 Judge Brian M. Cogan on 7/8/2020. (Weisberg, Peggy)
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| Filing 46 AFFIDAVIT/DECLARATION in Opposition re #6 MOTION for Preliminary Injunction -Declaration of Ophelia Galindo filed by Amazon.com Inc, Amazon.com Services LLC. (Attachments: #1 Exhibit A Earnings Statement, #2 Exhibit B Earnings Statement, #3 Exhibit C Earnings Statement, #4 Exhibit D Screenshots) (Schwartz, Jason) |
| Filing 45 AFFIDAVIT/DECLARATION in Opposition re #6 MOTION for Preliminary Injunction -Declaration of Alexsis Stephens filed by Amazon.com Inc, Amazon.com Services LLC. (Attachments: #1 Exhibit A Guidance, #2 Exhibit B Guidance) (Schwartz, Jason) |
| Filing 44 AFFIDAVIT/DECLARATION in Opposition re #6 MOTION for Preliminary Injunction -Declaration of Meghan Fitzgerald filed by Amazon.com Inc, Amazon.com Services LLC. (Attachments: #1 Exhibit A Photo, #2 Exhibit B Email, #3 Exhibit C Photos, #4 Exhibit D Photos, #5 Exhibit E Photos, #6 Exhibit F Floorplan, #7 Exhibit G Photos, #8 Exhibit H Photos, #9 Exhibit I Photos, #10 Exhibit J Photo, #11 Exhibit K Photos, #12 Exhibit L Photos, #13 Exhibit M Photos, #14 Exhibit N Photos, #15 Exhibit O Photos, #16 Exhibit P Photos, #17 Exhibit Q Photo, #18 Exhibit R Posters, #19 Exhibit S Photos, #20 Exhibit T Email) (Schwartz, Jason) |
| Filing 43 AFFIDAVIT/DECLARATION in Opposition re #6 MOTION for Preliminary Injunction -Declaration of Heather MacDougall filed by Amazon.com Inc, Amazon.com Services LLC. (Attachments: #1 Exhibit A Poster, #2 Exhibit B Handout, #3 Exhibit C Guidance, #4 Exhibit D Poster, #5 Exhibit E Posters, #6 Exhibit F Posters, #7 Exhibit G Poster, #8 Exhibit H Poster, #9 Exhibit I Email, #10 Exhibit J Posters) (Schwartz, Jason) |
| Filing 42 MEMORANDUM in Opposition re #6 MOTION for Preliminary Injunction filed by Amazon.com Inc, Amazon.com Services LLC. (Schwartz, Jason) |
| Filing 41 NOTICE of Appearance by Blythe H. Chandler on behalf of All Plaintiffs (notification declined or already on case) (Chandler, Blythe) |
| Filing 40 NOTICE of Appearance by Toby J. Marshall on behalf of All Plaintiffs (notification declined or already on case) (Marshall, Toby) |
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ORDER granting #38 #39 Motions for Leave to Appear Pro Hac Vice as counsel for plaintiffs. The attorneys, Toby Marshall and Blythe Chandler, shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorneys shall file a notice of appearance and ensure that they receive electronic notification of activity in this case. Also, each attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Judge Brian M. Cogan on 7/7/2020. (Weisberg, Peggy)
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| Filing 39 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-13011640. by Barbara Chandler, Kendia Mesidor, Derrick Palmer, Luis Pellot-Chandler, Alexander Rouse, Benita Rouse. (Attachments: #1 Affidavit, #2 Cert of Good Standing) (Chandler, Blythe) |
| Filing 38 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-13011529. by Barbara Chandler, Kendia Mesidor, Derrick Palmer, Luis Pellot-Chandler, Alexander Rouse, Benita Rouse. (Attachments: #1 Affidavit, #2 Cert of Good Standing) (Marshall, Toby) |
| Filing 37 NOTICE of Appearance by Beth E Terrell on behalf of All Plaintiffs (notification declined or already on case) (Terrell, Beth) |
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ORDER granting #35 Beth Terrell's Motion for Leave to Appear Pro Hac Vice as counsel for plaintiffs. 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 the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Judge Brian M. Cogan on 7/1/2020. (Weisberg, Peggy)
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SCHEDULING ORDER: Plaintiffs are ordered to file a detailed response to defendants' #36 letter by 7/8/2020. A premotion telephone conference on the anticipated motion to dismiss will be held in conjunction with the hearing on plaintiffs' motion for a preliminary injunction and the initial status conference scheduled for 7/15/2020 at 11:00 am. Parties are directed to use the toll-free number 888-684-8852 and access code 6427877#. Ordered by Judge Brian M. Cogan on 7/1/2020. (Weisberg, Peggy)
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| Filing 36 Letter MOTION for pre motion conference for Defendants' Motion to Dismiss by Amazon.com Inc, Amazon.com Services LLC. (Attachments: #1 Exhibit A: OSHA Brief) (Schwartz, Jason) |
| Filing 35 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-12992876. by Barbara Chandler, Kendia Mesidor, Derrick Palmer, Luis Pellot-Chandler, Alexander Rouse, Benita Rouse. (Attachments: #1 Beth E. Terrell Affidavit, #2 California Certificate of Good Standing, #3 Washington Certificate of Good Standing) (Terrell, Beth) |
| Filing 34 NOTICE of Appearance by Zainab Ahmad on behalf of Amazon.com Inc, Amazon.com Services LLC (aty to be noticed) (Ahmad, Zainab) |
| Filing 33 NOTICE of Appearance by Frank Rankin Kearl on behalf of All Plaintiffs (aty to be noticed) (Kearl, Frank) |
| Filing 32 NOTICE of Appearance by Karl Nelson on behalf of Amazon.com Inc, Amazon.com Services LLC (notification declined or already on case) (Nelson, Karl) |
| Filing 31 NOTICE of Appearance by Jason Schwartz on behalf of Amazon.com Inc, Amazon.com Services LLC (notification declined or already on case) (Schwartz, Jason) |
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ORDER granting #29 #30 Motions for Leave to Appear Pro Hac Vice as counsel for defendants. The attorneys, Jason Schwartz and Karl Nelson, shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorneys shall file a notice of appearance and ensure that they receive electronic notification of activity in this case. Also, each attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Judge Brian M. Cogan on 6/25/2020. (Weisberg, Peggy)
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| Filing 30 MOTION to Appear Pro Hac Vice by Karl G. Nelson Filing fee $ 150, receipt number ANYEDC-12964382. by Amazon.com Inc, Amazon.com Services LLC. (Attachments: #1 Affidavit in Support, #2 Certificate of Good Standing) (Nelson, Karl) |
| Filing 29 MOTION to Appear Pro Hac Vice by Jason C. Schwartz Filing fee $ 150, receipt number ANYEDC-12964178. by Amazon.com Inc, Amazon.com Services LLC. (Attachments: #1 Affidavit in Support, #2 Certificate of Good Standing, #3 Certificate of Good Standing, #4 Certificate of Good Standing) (Schwartz, Jason) |
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ORDER granting defendants' #23 motion for extension of time. The Court has considered plaintiffs' arguments in opposition to the request for an extension of time. The conditions of which plaintiffs complain, assuming the complaints are accurate, have been going on for months. Plaintiffs' motion raises important issues that need to be carefully briefed. A two-week extension will ensure adequate briefing and will not unduly prejudice plaintiffs. Defendants shall respond to the complaint by 6/30/2020 and to the motion for a preliminary injunction by 7/7/2020; reply, if at all, by 7/14/2020. A hearing on plaintiffs' motion for a preliminary injunction will be held in conjunction with the Initial Status Conference scheduled for 7/15/2020. The requirements for the conference set forth at #5 are waived. Ordered by Judge Brian M. Cogan on 6/18/2020. (Weisberg, Peggy)
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| Filing 28 RESPONSE in Opposition re #23 Letter MOTION for Extension of Time to File Response/Reply as to #6 MOTION for Preliminary Injunction filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - Skuzenski LinkedIn Profile, #2 Exhibit 2 - Terrell Declaration, #3 Exhibit 3 - Massey Hearing Transcript) (Turner, Juno) |
| Filing 27 AFFIDAVIT of Service for papers submitted by the Open Society Policy Center and 16 Members of Congress (ECF Nos. 10-12) served on Amazon.com, Inc. on June 11, 2020, filed by Sen. Cory Booker, Rep. Adriano Espaillat, Rep. Jesus G. Garcia, Rep. Pramila Jayapal, Rep. Joseph P. Kennedy III, Rep. Ro Khanna, Rep. Barbara Lee, Sen. Edward Markey, Rep. Grace Meng, Jerrold Nadler, Rep. Alexandria Ocasio-Cortez, Rep. Ilhan Omar, Rep. Max Rose, Sen. Bernard Sanders, The Open Society Policy Center, Rep. Rashida Tlaib, Rep. Nydia Velazquez. (Rosenthal, Joshua) |
| Filing 26 AFFIDAVIT of Service for papers submitted by the Open Society Policy Center and 16 Members of Congress (ECF Nos. 10-12) served on Amazon.com Services, LLC on June 11, 2020, filed by Sen. Cory Booker, Rep. Adriano Espaillat, Rep. Jesus G. Garcia, Rep. Pramila Jayapal, Rep. Joseph P. Kennedy III, Rep. Ro Khanna, Rep. Barbara Lee, Sen. Edward Markey, Rep. Grace Meng, Jerrold Nadler, Rep. Alexandria Ocasio-Cortez, Rep. Ilhan Omar, Rep. Max Rose, Sen. Bernard Sanders, The Open Society Policy Center, Rep. Rashida Tlaib, Rep. Nydia Velazquez. (Rosenthal, Joshua) |
| Filing 25 AFFIDAVIT of Service for papers submitted by RWDSU and UNI Global Union (ECF Nos. 13-17) served on Amazon.com Services, LLC on June 12, 2020, filed by RWDSU, UNI Global Union. (Baluzy, Christopher) |
| Filing 24 AFFIDAVIT of Service for papers submitted by RWDSU and UNI Global Union (ECF Nos. 13-17) served on Amazon.com, Inc. on June 12, 2020, filed by RWDSU, UNI Global Union. (Baluzy, Christopher) |
| Filing 23 Letter MOTION for Extension of Time to File Response/Reply as to #6 MOTION for Preliminary Injunction by Amazon.com Inc, Amazon.com Services LLC. (Attachments: #1 Exhibit A, #2 Exhibit B) (Weitzman, Avi) |
| Filing 22 Corporate Disclosure Statement by Amazon.com Inc, Amazon.com Services LLC identifying Corporate Parent Amazon.com, Inc. for Amazon.com Services LLC. (Weitzman, Avi) |
| Filing 21 NOTICE of Appearance by Avi Weitzman on behalf of Amazon.com Inc, Amazon.com Services LLC (aty to be noticed) (Weitzman, Avi) |
| Filing 20 AFFIDAVIT of Service for Complaint served on Amazon.com, Inc. on 6/8/2020, filed by Barbara Chandler, Kendia Mesidor, Derrick Palmer, Luis Pellot-Chandler, Alexander Rouse, Benita Rouse. (Turner, Juno) |
| Filing 19 AFFIDAVIT of Service for Complaint served on Amazon.com Services, LLC on 6/8/2020, filed by Barbara Chandler, Kendia Mesidor, Derrick Palmer, Luis Pellot-Chandler, Alexander Rouse, Benita Rouse. (Turner, Juno) |
| Filing 18 Letter MOTION for Leave to File Document Amici Curiae Brief in Support of Plaintiffs' Motion for Preliminary Injunction by Federation Nationale des Syndicats de Transports CGT, Federation Nationale des Transports et de la Logistique FORCE OUVRIERE, Union Syndicale Solidaires. (Attachments: #1 Proposed Brief of Amici Curiae in Support of Plaintiffs' Motion for Preliminary Injunction) (Bien, Rachel) |
| Filing 17 NOTICE of Appearance by Larry Cary on behalf of RWDSU, UNI Global Union (aty to be noticed) (Cary, Larry) |
| Filing 16 NOTICE of Appearance by Christopher S Baluzy on behalf of RWDSU, UNI Global Union (notification declined or already on case) (Baluzy, Christopher) |
| Filing 15 DECLARATION re #13 Letter MOTION for Leave to File Document to appear as amici curiae by Christy Hoffman by RWDSU, UNI Global Union (Attachments: #1 Index of Exhibits to the Declaration of Christy Hoffman, #2 Exhibit A - Amazon Struggles to Find Its Coronavirus Footing_ Its a Time of Great Stress_ WSJ, #3 Exhibit B - We Need Amazon During the Coronavirus That's a Problem - The New York Times, #4 Exhibit C - How Amazon Web Services stays running during the coronavirus pandemic - Business Insider, #5 Exhibit D - Amazon has hired 175,000 additional people, #6 Exhibit E - Getting your workplace ready for COVID-19, #7 Exhibit F - Guidance on Preparing Workplaces for COVID-19, #8 Exhibit G - Considerations relating to social distancing measures in response to COVID-19 second update, #9 Exhibit H - Amazon tells all employees to work from home if they can, #10 Exhibit I - Sren Gtz, Schtzt Amazon seine Mitarbeiter genug, #11 Exhibit J - Amazon workers in Fife 'petrified' of contracting coronavirus, union says, #12 Exhibit K - Amazon warehouse workers are outraged after a coworker tested positive for COVID-19 and they werent notified, #13 Exhibit L - Amazon warehouse workers organized to demand PTO, and coronavirus clinched it, #14 Exhibit M - COVID-19 update More ways Amazon is supporting employees and contractors, #15 Exhibit N - Amazon Is Struggling to Pay Workers in Quarantine, #16 Exhibit O - Amazon is not taking care of us, #17 Exhibit P - Amazon denies outbreaks at German warehouses, #18 Exhibit Q - Amazon set to end 'unlimited unpaid time off' policy - Business Insider, #19 Exhibit R - Amazon extends bonus pay for front-line workers but says it ends in June, #20 Exhibit S - Global alliance of unions demands Amazon take urgent measures to address COVID-19 UNI Global Union, #21 Exhibit T - Amazon, its time to disclose your coronavirus deaths, #22 Exhibit U - This is crazy Rage boils over at Amazon sites over coronavirus risks POLITICO, #23 Exhibit V - Coronavirus Amazon workers strike over virus protection - BBC News, #24 Exhibit W - Amazon confirma tres casos de coronavirus en dos almacenes pero descarta cerrarlos - Empresas - Diario La Informacion, #25 Exhibit X - Amazon tiene dos das para tomar medidas contra el coronavirus en su centro logstico de Madrid, #26 Exhibit Y - La Inspeccin de Trabajo va a pedir a Amazon que tome medidas para evitar contagios en su centro logstico en Espaa, #27 Exhibit Z- La mayor planta de Amazon de Madrid sigue abierta al subsanarse deficiencias, #28 Exhibit AA - Amazon warehouse workers in Italy are striking in outrage at the firms response to 2 staff contracting coronavirus - Business Insider, #29 Exhibit BB - Amazons Italian Employees Protest, Strike Over COVID-19 Measures WWD, #30 Exhibit CC - Coronavirus Strikes at Amazons Operational Heart Its Delivery Machine, #31 Exhibit DD - Amazon auditions to be the new Red Cross in Covid-19 crisis Free to read Financial Times, #32 Exhibit EE - Coronavirus, sciopero allo stabilimento Amazon di Torrazza Piemonte. Un lavoratore Quattro casi positivi, non siamo tutelati, Mil Fatto Quotidiano, #33 Exhibit FF - Coronavirus, fumata grigia a Piacenza lo sciopero di Amazon va avanti fino luned - DIRE-1, #34 Exhibit GG - Amazon, sciopero all'hub di Castel San Giovanni. I sindacati Non tutelata la salute dei lavoratori - la Repubblica-1, #35 Exhibit HH - Opinion How French Workers Took on Amazonin the Middle of a Pandemicand Won The New York Times, #36 Exhibit II - Amazon Reaches Deal With French Unions in Coronavirus Safety Dispute - The New York Times, #37 Exhibit JJ - CoronavirusAmazon fait appel, la ministre du Travail botte en touche Les Echos-1, #38 Exhibit KK - Amazon Vows to Fight French Court Ban on Non-Essential Sales_Bloomberg, #39 Exhibit LL - Amazon To Temporarily Stop Deliveries In France, Following Court Ruling Coronavirus Live Updates NPR, #40 Exhibit MM - Amazon to suspend activity in French warehouses until April 20-document - Reuters, #41 Exhibit NN - Amazon riposte _Nos entrepts mondiaux vont servir nos clients franais _Le Parisien) (Baluzy, Christopher) |
| Filing 14 DECLARATION re #13 Letter MOTION for Leave to File Document to appear as amici curiae by RWDSU, UNI Global Union (Attachments: #1 Index of Exhibits to the Declaration of Stuart Appelbaum, #2 Ex 1 - What's Wrong With Amazon, #3 Ex 2 - As More Amazon Employees Contract The Coronavirus, Workers Are Walking Off The Job, #4 Ex 3 - Amazon workers protest over normal shifts amid Covid-19 cases. Financial Times, #5 Ex 4 - Amazon workers stage walkout at Romulus warehouse during COVID-19 crisis, #6 Ex 5 - 300 Amazon employees refuse to work amid coronavirus safety worries, #7 Ex 6 - Amazon Workers Stage New Protests Over Warehouse Coronavirus Safety Coronavirus Live Updates NPR, #8 Ex 7 - We, Amazon Workers, Demand Coronavirus Protections, #9 Ex 8 - Amazons warehouse workers fear coronavirus spread after European workers test positive for covid-19 - The Washington Post, #10 Ex 9 - Amazon fires Staten Island coronavirus strike leader Chris Smalls, #11 Ex 10 - Amazon execs labeled fired worker 'not smart or articulate' in leaked PR notes Technology The Guardian, #12 Ex 11 - AG James' Statement on Firing of Amazon Worker Who Organized Walkout New York State Attorney General, #13 Ex 12 - New York City to probe Amazon firing of warehouse worker - Reuters, #14 Ex 13 - Fired Amazon Warehouse Workers Accuse Company of Retaliation, Which It Denies - WSJ, #15 Ex 14 - Omar Calls for Federal Investigation Into Firing of Amazon Employees Representative Ilhan Omar, #16 Ex 15 - Amazon fires two employees who condemned treatment of warehouse workers Technology The Guardian, #17 Ex 16 - Amazon fired two outspoken critics of its climate policies amid their support for warehouse staff - The Washington Post, #18 Ex 17 - Amazon is cracking down on protesters and organizing, workers say _ Technology _ The Guardian, #19 Ex 18 - Ongoing by Tim Bray Bye, Amazon, #20 Ex 19 - Amazon set to end 'unlimited unpaid time off' policy - Business Insider) (Baluzy, Christopher) |
| Filing 13 Letter MOTION for Leave to File Document to appear as amici curiae by RWDSU, UNI Global Union. (Attachments: #1 Memorandum in Support) (Baluzy, Christopher) |
| Filing 12 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-12910676. by Sen. Cory Booker, Rep. Adriano Espaillat, Rep. Jesus G. Garcia, Rep. Pramila Jayapal, Rep. Joseph P. Kennedy III, Rep. Ro Khanna, Rep. Barbara Lee, Sen. Edward Markey, Rep. Grace Meng, Rep. Jerold Nadler, Rep. Alexandria Ocasio-Cortez, Rep. Ilhan Omar, Rep. Max Rose, Sen. Bernard Sanders, The Open Society Policy Center, Rep. Rashida Tlaib, Rep. Nydia Velazquez. (Attachments: #1 Declaration of Richard F. Griffin, Jr. in Support of Motion to Admit Counsel Pro Hac Vice, #2 Certificate of Good Standing, #3 Proposed Order) (Griffin, Richard) |
| Filing 11 MOTION for Leave to File Document Amicus Curiae Brief by Sen. Cory Booker, Rep. Adriano Espaillat, Rep. Jesus G. Garcia, Rep. Pramila Jayapal, Rep. Joseph P. Kennedy III, Rep. Ro Khanna, Rep. Barbara Lee, Sen. Edward Markey, Rep. Grace Meng, Rep. Jerold Nadler, Rep. Alexandria Ocasio-Cortez, Rep. Ilhan Omar, Rep. Max Rose, Sen. Bernard Sanders, The Open Society Policy Center, Rep. Rashida Tlaib, Rep. Nydia Velazquez. (Attachments: #1 Proposed Amicus Brief) (Rosenthal, Joshua) |
| Filing 10 NOTICE of Appearance by Joshua Rosenthal on behalf of The Open Society Policy Center, Rep. Nydia Velazquez, Sen. Cory Booker, Rep. Grace Meng, Rep. Jerold Nadler, Rep. Adriano Espaillat, Rep. Max Rose, Rep. Alexandria Ocasio-Cortez, Sen. Bernard Sanders, Sen. Edward Markey, Rep. Barbara Lee, Rep. Joseph P. Kennedy III, Rep. Ro Khanna, Rep. Pramila Jayapal, Rep. Jesus G. Garcia, Rep. Ilhan Omar, Rep. Rashida Tlaib (aty to be noticed) (Rosenthal, Joshua) |
| Filing 9 NOTICE of Appearance by Amanda Steiner on behalf of Barbara Chandler, Kendia Mesidor, Derrick Palmer, Luis Pellot-Chandler, Alexander Rouse, Benita Rouse (aty to be noticed) (Steiner, Amanda) |
| Filing 8 NOTICE of Appearance by Rachel Megan Bien on behalf of Union Syndicale Solidaires, Federation Nationale des Syndicats de Transports CGT, Federation Nationale des Transports et de la Logistique FORCE OUVRIERE (aty to be noticed) (Bien, Rachel) |
| Filing 7 NOTICE of Appearance by Elizabeth Joynes Jordan on behalf of All Plaintiffs (aty to be noticed) (Jordan, Elizabeth) |
| Filing 6 MOTION for Preliminary Injunction by Barbara Chandler, Kendia Mesidor, Derrick Palmer, Luis Pellot-Chandler, Alexander Rouse, Benita Rouse. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Declaration Derrick Palmer, #4 Declaration Kendia Mesidor, #5 Declaration Benita Rouse, #6 Declaration Alexander Rouse, #7 Declaration Barbara Chandler, #8 Declaration Luis Pellot-Chandler, #9 Declaration Dr. Sherry Baron, M.D., MPH, #10 Declaration Ruth Milkman, #11 Declaration Melissa J. Perry, Sc.D., M.H.S.) (Turner, Juno) |
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Filing 5
SCHEDULING ORDER: Initial Status Conference is set for 7/15/2020 at 11:00 AM in Chambers 704S. SEE ATTACHED MANDATORY REQUIREMENTS FOR THE CONFERENCE. Ordered by Judge Brian M. Cogan on 6/3/2020. (Weisberg, Peggy)
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| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 3 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) |
| Filing 2 Summons Issued as to All Defendants. (Attachments: #1 Amazon services summons) (Bowens, Priscilla) |
| Filing 1 COMPLAINT against Amazon.com Inc, Amazon.com Services LLC filing fee $ 400, receipt number ANYEDC-12878452 Was the Disclosure Statement on Civil Cover Sheet completed -Y,, filed by Luis Pellot-Chandler, Benita Rouse, Kendia Mesidor, Derrick Palmer, Alexander Rouse, Barbara Chandler. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons) (Turner, Juno) |
| Case Assigned to Judge Brian M. Cogan. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |
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