Rivera v. ABM Industries, Inc.
Plaintiff: Yianette Rivera
Defendant: ABM Industries, Inc.
Case Number: 1:2020cv05133
Filed: October 26, 2020
Court: US District Court for the Eastern District of New York
Presiding Judge: Eric R Komitee
Referring Judge: Peggy Kuo
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42 U.S.C. ยง 2000 Job Discrimination (Sex)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 23, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 23, 2020 Filing 11 Letter MOTION for pre motion conference re #1 Complaint, by ABM Industries, Inc.. (Attachments: #1 Exhibit A - Signed Mutual Arbitration Agreement, #2 Exhibit B - Correspondence with plaintiff's Counsel) (Blank, Shira)
December 23, 2020 Filing 10 Corporate Disclosure Statement by ABM Industries, Inc. identifying Other Affiliate Black Rock, Inc. for ABM Industries, Inc.. (Blank, Shira)
December 23, 2020 NOTICE -- Defendant submitted a letter requesting a pre-motion conference in anticipation of moving to compel arbitration and to dismiss or stay the action pending arbitration, or, in the alternative, to dismiss the Complaint pursuant to Fed. R. Civ. P. 12(b)(6) for failure to state a claim on December 23, 2020. Plaintiff's counsel is reminded that pursuant to Rule III.A.4 of this Court's Individual Motion Practices and Rules, plaintiff is required to serve and file a letter response of three pages or less, within five days from service of defendant's letter. (Guy, Alicia)
November 12, 2020 Opinion or Order ORDER granting #9 Motion for Extension of Time to Answer. The deadline for defendant ABM Industries, Inc. to answer or otherwise respond to the Complaint is extended to December 23, 2020. Ordered by Magistrate Judge Peggy Kuo on 11/12/2020. (O'Neil-Berven, Ryan)
November 11, 2020 Filing 9 Letter MOTION for Extension of Time to File Response/Reply as to #1 Complaint, by ABM Industries, Inc.. (Blank, Shira) Modified on 11/12/2020 to correct motion type (O'Neil-Berven, Ryan).
November 11, 2020 Filing 8 NOTICE of Appearance by Shira M. Blank on behalf of ABM Industries, Inc. (aty to be noticed) (Blank, Shira)
November 11, 2020 Filing 7 NOTICE of Appearance by Jeremy Miller Brown on behalf of ABM Industries, Inc. (aty to be noticed) (Brown, Jeremy)
November 4, 2020 Filing 6 SUMMONS Returned Executed by Yianette Rivera. ABM Industries, Inc. served on 11/2/2020, answer due 11/23/2020. (Phillips, William)
October 27, 2020 Opinion or Order Filing 5 SCHEDULING ORDER: A Telephone Initial Conference will be held in this case on January 27, 2021 at 10:30 a.m. before Peggy Kuo, United States Magistrate Judge. All counsel are required to attend. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. Counsel are directed to the annexed Initial Conference Order for instructions. By January 22, 2021, the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: # https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Plaintiff's counsel is directed to ensure that defendant is aware of this conference. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.) Ordered by Magistrate Judge Peggy Kuo on 10/27/2020. (O'Neil-Berven, Ryan)
October 26, 2020 Filing 4 Summons Issued as to ABM Industries, Inc.. (Davis, Kimberly)
October 26, 2020 Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly)
October 26, 2020 Filing 2 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. (Davis, Kimberly)
October 26, 2020 Filing 1 COMPLAINT against ABM Industries, Inc. filing fee $ 400, receipt number BNYEDC-13583468 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Yianette Rivera. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Proposed Summons) (Mesidor, Marjorie)
October 26, 2020 Case Assigned to Judge Eric R. Komitee and Magistrate Judge Peggy Kuo. 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. (Davis, Kimberly)

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Plaintiff: Yianette Rivera
Represented By: Marjorie Mesidor
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Defendant: ABM Industries, Inc.
Represented By: Shira M. Blank
Represented By: Jeremy Miller Brown
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