Smalls v. Amazon, Inc.
| Christian Smalls, on his own behalf and on behalf of class of similarly situated African American and Latina/o workers and Christian Smalls |
| Amazon, Inc. and Amazon.com Services LLC |
| 1:2020cv05492 |
| November 12, 2020 |
| US District Court for the Eastern District of New York |
| Rachel P Kovner |
| Roanne L Mann |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 Job Discrimination (Race) |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 22, 2022. A more recent docket listing may be available from PACER.
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Electronic Index to Record on Appeal sent to US Court of Appeals. #36 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. (Jones, Vasean)
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Filing 36
NOTICE OF APPEAL as to #35 Clerk's Judgment by Christian Smalls. Filing fee $ 505, receipt number ANYEDC-15395733. (Sussman, Michael)
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Filing 35
CLERK'S JUDGMENT that Amazons motion to dismiss is granted; and that this case is dismissed with prejudice. So Ordered by Jalitza Poveda, Deputy Clerk on behalf of Brenna B. Mahoney, Clerk of Court on 3/15/2022. (Herrera, Isaiah)
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ORDER: On 2/7/2022, the Court granted defendant's motion to dismiss and advised plaintiff that he could file a motion to seek leave to file a second amended complaint within thirty days. The Court further advised plaintiff that a failure to seek leave to amend within thirty days would result in judgment being entered. Thirty days have passed, and plaintiff has not sought leave to amend. Accordingly, for the reasons stated in the Order dated 2/7/2022, this case is dismissed with prejudice. The Clerk of Court is respectfully directed to enter judgment in favor of defendant. Ordered by Judge Rachel P. Kovner on 3/14/2022. (Andrews, Stephen)
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Filing 34
ORDER granting #20 Motion to Dismiss. For the reasons stated in the attached memorandum and order, defendant's motion to dismiss is granted. Plaintiff may file a motion seeking leave to file a second amended complaint within thirty days. Any such motion should include the proposed second amended complaint as an exhibit and explain why leave to amend should be granted. If plaintiff does not seek leave to amend within thirty days, judgment shall be entered. Ordered by Judge Rachel P. Kovner on 2/7/2022. (Andrews, Stephen)
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MINUTE ENTRY: A telephonic oral argument was held on 12/21/2021 at 10:00 AM. Michael Sussman appeared for plaintiff. Jason Schwartz appeared for defendant. The motion to dismiss was taken under advisement. Ordered by Judge Rachel P. Kovner on 12/22/2021. (Andrews, Stephen) (Court Reporter Andronikh Barna)
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Filing 33
Letter to Judge Kovner re: Hearing on Amazon's Motion to Dismiss by Amazon.com Services LLC (Schwartz, Jason)
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Filing 32
MOTION to Adjourn Conference providing defendant's consent and alternative scheduling suggestion by Christian Smalls. (Sussman, Michael)
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ORDER granting #32 Motion to Adjourn Conference: Argument on #21 defendant's motion to dismiss is rescheduled to 12/21/21 at 10 a.m. Ordered by Judge Rachel P. Kovner on 12/19/2021. (Kovner, Rachel)
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Filing 31
MOTION to Adjourn Conference by Christian Smalls. (Sussman, Michael)
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ORDER denying #30 Motion to Adjourn Conference: This motion is denied without prejudice to plaintiff's submitting an adjournment request that contains the information required in my individual rules of practice. Ordered by Judge Rachel P. Kovner on 12/18/2021. (Kovner, Rachel)
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Filing 30
MOTION to Adjourn Conference due to attorney's participation on ongoing trial by Christian Smalls. (Sussman, Michael)
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SCHEDULING ORDER: A telephonic oral argument is scheduled for 9:30 AM on 12/20/2021 on defendant's motion to dismiss at #20 . An audio link will be available for the parties and the public. To join the teleconference, the parties are instructed to call (888) 278-0296 and enter the access code 2012636. Ordered by Judge Rachel P. Kovner on 11/10/2021. (Andrews, Stephen)
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Filing 29
NOTICE by Amazon.com Services LLC re #20 MOTION to Dismiss Amended Complaint Notice of Supplemental Authority (Attachments: #1 OSHA Emergency Temporary Standard) (Schwartz, Jason)
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Filing 28
NOTICE by Amazon.com Services LLC re #24 Letter MOTION for pre motion conference for Defendant's Motion to Dismiss Notice of Supplemental Authority (Attachments: #1 Order in Dark Storm Industries, LLC v. Hochul) (Schwartz, Jason)
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Filing 27
NOTICE by Amazon.com Services LLC re #20 MOTION to Dismiss Amended Complaint Notice of Supplemental Authority (Attachments: #1 COVID-19 Action Plan) (Schwartz, Jason)
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Filing 26
REPLY in Support re #24 Letter MOTION for pre motion conference for Defendant's Motion to Dismiss filed by Amazon.com Services LLC. (Schwartz, Jason)
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Filing 25
Letter Response to Letter Motion by Christian Smalls (Sussman, Michael)
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ORDER: Defendants' letter motion for a pre-motion conference at #24 is deemed a letter motion to dismiss based on mootness. Plaintiffs may file a response to the motion by 8/6/2021. Defendants' reply, if any, is due 8/13/2021. Ordered by Judge Rachel P. Kovner on 7/13/2021. (Kahwash, Sarah)
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Filing 24
Letter MOTION for pre motion conference for Defendant's Motion to Dismiss by Amazon, Inc., Amazon.com Services LLC. (Attachments: #1 Declaration of Jason C. Schwartz, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8) (Schwartz, Jason) (Attachment 2 replaced due to corruption on 7/19/2021) (Lee, Tiffeny).
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Filing 23
REPLY in Support re #20 MOTION to Dismiss Amended Complaint filed by Amazon, Inc., Amazon.com Services LLC. (Schwartz, Jason)
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Filing 22
MEMORANDUM in Opposition re #20 MOTION to Dismiss Amended Complaint filed by Christian Smalls. (Sussman, Michael)
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Filing 21
MOTION to Dismiss Amended Complaint by Amazon.com Services LLC. (Attachments: #1 Memorandum in Support of Motion of Dismiss) (Schwartz, Jason)
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Filing 20
MOTION to Dismiss Amended Complaint by Amazon.com Services LLC. (Schwartz, Jason)
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ORDER denying #15 motion for pre-motion conference. The Court has determined that a pre-motion conference is not necessary in this case. Defendants may file a motion to dismiss by 3/5/2021. Plaintiff's response is due 4/5/2021. Defendants' reply, if any, is due 4/19/2021. Ordered by Judge Rachel P. Kovner on 1/31/2021. (Kahwash, Sarah)
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Filing 19
WAIVER OF SERVICE Returned Executed by Christian Smalls. Amazon.com Services LLC waiver sent on 1/4/2021, answer due 3/5/2021. (Sussman, Michael)
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Filing 18
RESPONSE to Motion re #15 Letter MOTION for pre motion conference for Defendant's Motion to Dismiss filed by Christian Smalls. (Sussman, Michael)
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Email Notification Test - DO NOT REPLY (Levine, Evelyn)
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Filing 17
Summons Issued as to Amazon.com Services LLC. (Almonte, Giselle)
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Filing 16
NOTICE of Appearance by Jason Schwartz on behalf of Amazon, Inc., Amazon.com Services LLC (notification declined or already on case) (Schwartz, Jason)
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ORDER granting #13 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Roanne L. Mann on 12/29/2020. (GM)
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Filing 15
Letter MOTION for pre motion conference for Defendant's Motion to Dismiss by Amazon, Inc., Amazon.com Services LLC. (Levin, Gabriell)
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Filing 14
Corporate Disclosure Statement by Amazon, Inc., Amazon.com Services LLC identifying Corporate Parent Amazon.com, Inc. for Amazon.com Services LLC. (Levin, Gabriell)
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Filing 13
MOTION to Appear Pro Hac Vice by Jason C. Schwartz Filing fee $ 150, receipt number ANYEDC-13870441. by Amazon, 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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Filing 12
NOTICE of Appearance by Zainab Ahmad on behalf of Amazon, Inc., Amazon.com Services LLC (aty to be noticed) (Ahmad, Zainab)
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Filing 11
NOTICE of Appearance by Mylan Lee Denerstein on behalf of Amazon, Inc., Amazon.com Services LLC (aty to be noticed) (Denerstein, Mylan)
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Filing 10
NOTICE of Appearance by Gabriell Frances Levin on behalf of Amazon, Inc., Amazon.com Services LLC (aty to be noticed) (Levin, Gabriell)
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Filing 9
AMENDED COMPLAINT against Amazon.com Services LLC, filed by Christian Smalls. (Sussman, Michael)
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Filing 8
Proposed Summons. Re #7 Amended Complaint by Christian Smalls (Sussman, Michael)
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Filing 7
AMENDED COMPLAINT against Amazon, Inc., filed by Christian Smalls. (Sussman, Michael)
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Filing 6
SUMMONS Returned Executed by Christian Smalls. Amazon, Inc. served on 12/4/2020, answer due 12/28/2020. (Sussman, Michael)
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ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Roanne L. Mann for all further proceedings. Chief Magistrate Cheryl L. Pollak no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Ordered by Chief Judge Roslynn R. Mauskopf on 11/24/2020. (Bowens, Priscilla)
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Filing 5
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla)
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Filing 4
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla)
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Filing 3
Summons Issued as to Amazon, Inc.. (Bowens, Priscilla)
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Filing 2
Proposed Summons.Civil Cover Sheet.. Re #1 Complaint, Notice: Re: Incomplete Civil Cover Sheet, by Christian Smalls (Attachments: #1 Civil Cover Sheet) (Sussman, Michael)
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Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page needs to be answered. This event can be uploaded under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Bowens, Priscilla)
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Case Assigned to Judge Rachel P. Kovner and Chief Magistrate Cheryl L. Pollak. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla)
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Filing 1
COMPLAINT against Amazon, Inc. filing fee $ 400, receipt number ANYEDC-13670972 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Christian Smalls, on his own behalf and on behalf of class of similarly situated African American and Latina/o workers. (Sussman, Michael)
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