Finnigan et al v. Canon U.S.A., Inc.
| Brian McCartney, Mike Finnigan, Kristin Serkowski, Tyrone Villacis, Luis Pichardo, Kenneth Buchbinder, Diana Rouse, Amy Lynn Hamid, Andre Hamid and Woodrow Moss |
| Canon U.S.A., Inc., Canon Information and Imaging Solutions, Inc., Canon Software America, Inc., Canon Financial Services, Inc., NT-Ware USA, Inc., Canon Medical Components USA, Inc., Canon Information Technology Services, Inc. and Canon Solutions America, Inc. |
| 1:2020cv06239 |
| December 23, 2020 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Ann M Donnelly |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
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| Filing 65 MEMORANDUM in Support re Order,,,,,,,,, filed by All Plaintiffs. (Klinger, Gary) |
ORDER re #62 Motion for Settlement: The parties are directed to address the fairness of the class action settlement pursuant to the standards set forth in Moses v. N.Y. Times Co., No. 21-2556, 2023 WL 5281138 (2d Cir. Aug. 17, 2023). Specifically, the parties must address two inquiries: (1) the reasonableness of any award of attorney's fees, since "when reviewing the substantive fairness of a proposed settlement, the district court is required to review both the terms of the settlement and any fee award encompassed in a settlement agreement in tandem," id. at *6 (quotations omitted); and (2) "whether the 'proposal treats class members equitably relative to each other.'" Id. (quoting Fed. R. Civ. P. 23(e)(2)(D)); see also id. at *4 ("Courts evaluating the fairness, reasonableness, and adequacy of a proposed settlement must consider the four factors outlined in Rule 23(e)(2) holistically, taking into account--among other substantive considerations stated in the rule--the proposed attorneys' fees and incentive awards.... [T]he revised Rule 23(e)(2) does not displace our traditional Grinnell factors, which remain a useful framework for considering the substantive fairness of a settlement. But the rule now mandates courts to evaluate factors that may not have been highlighted in our prior case law, and its terms prevail over any prior analysis that are inconsistent with its requirements."). Under the settlement, the parties do not agree upon a fee award, and do not state the process by which such an award would be calculated or the basis for (or reasonableness of) such an award. (See Mem. of Law in Supp. of Mot. for Settlement ("Mem."), Dkt. No. #61 at 12 & n.2; Amended Settlement Agreement, attached as Ex. 1 to Mem., paras. 7.2, 7.5). The settlement also appears to contemplate a $1,000 incentive award for each of the Named Plaintiffs. (Amended Settlement Agreement para. 7.1); see Moses, 2023 WL 5281138, at *6 ("[T]he existence and extent of incentive payments is relevant to whether class members are treated equitably relative to each other." (quotations omitted)). The parties should address these 2 inquiries by 9/25/2023 in a joint submission not to exceed 15 pages double-spaced. So Ordered by Magistrate Judge Sanket J. Bulsara on 9/11/2023. (IS)
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| Filing 64 AFFIDAVIT/DECLARATION in Support re #62 MOTION for Settlement Plaintiffs' Unopposed Renewed Motion for Preliminary Approval of Class Action Settlement Declaration of Plaintiff Woodrow Moss filed by Kenneth Buchbinder, Mike Finnigan, Amy Lynn Hamid, Andre Hamid, Brian McCartney, Woodrow Moss, Luis Pichardo, Diana Rouse, Kristin Serkowski, Tyrone Villacis. (Klinger, Gary) |
| Filing 63 AFFIDAVIT/DECLARATION in Support re #62 MOTION for Settlement Plaintiffs' Unopposed Renewed Motion for Preliminary Approval of Class Action Settlement Supplemental Declaration of Cameron R. Azari, Esq. on Notice Plan and Notices filed by Kenneth Buchbinder, Mike Finnigan, Amy Lynn Hamid, Andre Hamid, Brian McCartney, Woodrow Moss, Luis Pichardo, Diana Rouse, Kristin Serkowski, Tyrone Villacis. (Klinger, Gary) |
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ORDER RESPECTFULLY REFERRING MOTION: #62 MOTION for Settlement Plaintiffs' Unopposed Renewed Motion for Preliminary Approval of Class Action Settlement filed by Tyrone Villacis, Brian McCartney, Andre Hamid, Amy Lynn Hamid, Woodrow Moss, Kristin Serkowski, Kenneth Buchbinder, Mike Finnigan, Luis Pichardo, Diana Rouse respectfully referred to Magistrate Judge Sanket J. Bulsara. Ordered by Judge Ann M. Donnelly on 7/10/2023. Motion respectfully referred to Sanket J. Bulsara. (DG)
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| Filing 62 MOTION for Settlement Plaintiffs' Unopposed Renewed Motion for Preliminary Approval of Class Action Settlement by Kenneth Buchbinder, Mike Finnigan, Amy Lynn Hamid, Andre Hamid, Brian McCartney, Woodrow Moss, Luis Pichardo, Diana Rouse, Kristin Serkowski, Tyrone Villacis. (Klinger, Gary) |
| Filing 61 MEMORANDUM in Support of Plaintiffs' Unopposed Renewed Motion for Preliminary Approval of Class Action Settlement filed by All Plaintiffs. (Attachments: #1 Exhibit 1 (Amended Settlement Agreement), #2 Proposed Order) (Klinger, Gary) |
| Filing 60 NOTICE by Kenneth Buchbinder Joint Notice re Proposed Final Approval Hearing Date and Magistrate Judge Jurisdiction (Klinger, Gary) |
| Filing 59 Letter Dated June 1, 2023 by Kenneth Buchbinder, Mike Finnigan, Amy Lynn Hamid, Andre Hamid, Brian McCartney, Woodrow Moss, Luis Pichardo, Diana Rouse, Kristin Serkowski, Tyrone Villacis (Klinger, Gary) |
| Filing 58 TRANSCRIPT of Proceedings held on June 7, 2023, before Judge Bulsara. Court Transcriber: Transcriptions Plus II, Inc.. Email address: RL.Transcriptions2@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 7/6/2023. Redacted Transcript Deadline set for 7/17/2023. Release of Transcript Restriction set for 9/13/2023. (RC) |
| Filing 57 TRANSCRIPT of Proceedings held on March 23, 2023, before Judge Bulsara. Court Transcriber: Fiore Reporting and Transcription Service. 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 6/28/2023. Redacted Transcript Deadline set for 7/10/2023. Release of Transcript Restriction set for 9/5/2023. (RC) |
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MINUTE ENTRY AND ORDER: A status conference was held on 6/7/2023 before Magistrate Judge Sanket J. Bulsara. Counsel for Plaintiffs (Gary Klinger and Ryan Maxey) and counsel for Defendants (Eric Fish and Robyn Feldstein) were present. As stated on the record, the letter sent to Chambers dated June 1, 2023 shall be filed on the public docket. Any revised motion for preliminary approval of a class action settlement shall be filed by 7/7/2023. The parties are directed to propose dates for a final approval hearing and indicate their decision on consent to magistrate judge jurisdiction when submitting their motion. So Ordered by Magistrate Judge Sanket J. Bulsara on 6/7/2023. (FTR Log: 4:11 - 4:48 P.M.) (MD)
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ORDER: In light of the parties' joint email to the Court, the status conference scheduled for 5/8/2023 is adjourned to 6/7/2023 at 4:00 P.M. in Courtroom 13C South before Magistrate Judge Sanket J. Bulsara. The parties are encouraged to submit letters or memoranda in advance of the conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/2/2023. (MD)
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ORDER: The parties should inform the Court by 5/2/2023 whether they intend to provide revised agreements and/or memoranda addressing the issues raised in the last hearing in advance of the motion hearing scheduled for 5/8/2023. Alternatively, the parties can seek to adjourn the conference if they continue to work on resolving and addressing the issues raised by the Court. The parties are free to write a joint email to the Court's email address if communicating on the public docket would unnecessarily reveal confidential settlement information. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/1/2023. (MD)
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ORDER: The Motion for Leave to Appear Pro Hac Vice #56 by attorney Ryan Maxey is hereby granted. 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 Clerk's Office via filing the event Pro Hac Vice Filing Fee. At this time, counsel is only making an appearance on behalf of Plaintiffs Amy Lynn Hamid and Andre Hamid. Counsel may file a notice of appearance on behalf of the remaining plaintiffs by 3/31/2023. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/24/2023. (MD)
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MINUTE ENTRY AND ORDER: A hearing on the motion for Preliminary Approval of Class Action Settlement #54 was held on 3/23/2023 before Magistrate Judge Sanket J. Bulsara. Counsel for Plaintiffs (Ryan Maxey) and counsel for Defendants (Eric Fish and Robyn Feldstein) were present. As stated on the record, the motion #54 is denied without prejudice to renewal. A status conference will be held on 5/8/2023 at 1:30 P.M. in Courtroom 13C South before Magistrate Judge Sanket J. Bulsara. The parties are encouraged to submit letters or memoranda in advance of the conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/23/2023. (FTR Log: 3:37 - 5:00) (MD)
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| Filing 56 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16523019. by Amy Lynn Hamid, Andre Hamid. (Attachments: #1 Affidavit in Support of Motion to Appear Pro Hac Vice, #2 Exhibit Certificate of Good Standing) (Maxey, Ryan) |
| Filing 55 NOTICE by Diana Rouse Change of Firm Name Associated Cases: 1:20-cv-06239-AMD-SJB, 1:20-cv-06380-AMD-SJB, 2:21-cv-00414-AMD-SJB (Feldman, Lori) |
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SCHEDULING ORDER: A hearing on the motion for Preliminary Approval of Class Action Settlement #54 will be held on 3/23/2023 at 3:30 P.M. in Courtroom 13C South before Magistrate Judge Sanket J. Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 2/15/2023. (MD)
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ORDER RESPECTFULLY REFERRING MOTION: #54 MOTION for Settlement Plaintiffs' Unopposed Motion for Preliminary Approval of Class Action Settlement filed by Tyrone Villacis, Brian McCartney, Andre Hamid, Amy Lynn Hamid, Woodrow Moss, Kristin Serkowski, Kenneth Buchbinder, Mike Finnigan, Luis Pichardo, Diana Rouse respectfully referred to Magistrate Judge Sanket J. Bulsara. Ordered by Judge Ann M. Donnelly on 2/8/2023. Motion respectfully referred to Sanket J. Bulsara. (DG)
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| Filing 54 MOTION for Settlement Plaintiffs' Unopposed Motion for Preliminary Approval of Class Action Settlement by Kenneth Buchbinder, Mike Finnigan, Amy Lynn Hamid, Andre Hamid, Brian McCartney, Woodrow Moss, Luis Pichardo, Diana Rouse, Kristin Serkowski, Tyrone Villacis. (Attachments: #1 Memorandum in Support, #2 Exhibit 1 to Memo (Settlement Agreement), #3 Exhibit 2 to Memo (Decl of Gary Klinger and John Yanchunis), #4 Exhibit 3 to Memo (Decl of Cameron R. Azari), #5 Proposed Order) (Klinger, Gary) |
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ORDER: The Motion for Extension of Time to File #53 is hereby granted. The deadline to file a motion for settlement approval is extended to 2/2/2023. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/25/2023. (MD)
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| Filing 53 Letter MOTION for Extension of Time to File Motion for Preliminary Approval of Class Action Settlement by Kenneth Buchbinder, Mike Finnigan, Amy Lynn Hamid, Andre Hamid, Brian McCartney, Woodrow Moss, Luis Pichardo, Diana Rouse, Kristin Serkowski, Tyrone Villacis. (Klinger, Gary) |
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ORDER: The motion to adjourn conference #52 is granted. In light of the report of settlement, the status conference scheduled for 12/15/2022 is adjourned sine die. The parties are directed to file a motion for settlement approval by 1/26/2023. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/12/2022. (MD)
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| Filing 52 Letter MOTION to Adjourn Conference by Canon Financial Services, Inc., Canon Information Technology Services, Inc., Canon Information and Imaging Solutions, Inc., Canon Medical Components USA, Inc., Canon Software America, Inc., Canon Solutions America, Inc., Canon U.S.A., Inc., NT-Ware USA, Inc.. (Fish, Eric) |
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ORDER: The motion to withdraw #51 is hereby granted. Attorney Gary E. Mason is removed from the docket. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/21/2022. (MD)
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| Filing 51 MOTION to Withdraw as Attorney Gary E. Mason by Kenneth Buchbinder, Mike Finnigan, Brian McCartney, Luis Pichardo, Kristin Serkowski, Tyrone Villacis. (Mason, Gary) |
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RE-SCHEDULING ORDER: The status conference originally scheduled for 12/12/2022 will now take place on 12/15/2022 at 2:00 P.M. in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/17/2022. (EM)
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SCHEDULING ORDER: An in person status conference will take place on 12/12/2022 at 11:00 A.M. in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 7/20/2022. (Manson, Eddie)
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Filing 50
ORDER: The parties' motion for a protective order #49 is hereby granted. The proposed protective order is so ordered. To the extent that any portion of the protective order is inconsistent with this Court's procedures for sealing documents or the standards governing the ability of this Court to permit the sealing of documents, the Court's practices and standards shall be followed by the parties and will govern any dispute. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/12/2022. (Bruckner, Ian)
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| Filing 49 Letter re: Proposed Protective Order without Track Changes by Canon Financial Services, Inc., Canon Information Technology Services, Inc., Canon Information and Imaging Solutions, Inc., Canon Medical Components USA, Inc., Canon Software America, Inc., Canon Solutions America, Inc., Canon U.S.A., Inc., NT-Ware USA, Inc. (Attachments: #1 Proposed Order re: Protective Order without Track Changes) (Fish, Eric) Modified as motion on 5/12/2022 (Bruckner, Ian). |
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Filing 48
ORDER: The parties' stipulation regarding the production of discovery material and clawback agreement pursuant to Federal Rule of Evidence 502(d)-(e) is hereby so ordered. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/11/2022. (Bruckner, Ian)
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ORDER: The parties are directed to submit a copy of their proposed protective order, Dkt. No. 47-1, with no tracked changes for the Court's consideration. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/11/2022. (Bruckner, Ian)
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| Filing 47 Letter re: Proposed Protective Order and Production of Discovery Material and 502(d)(e) Clawback by Canon Financial Services, Inc., Canon Information Technology Services, Inc., Canon Information and Imaging Solutions, Inc., Canon Medical Components USA, Inc., Canon Software America, Inc., Canon Solutions America, Inc., Canon U.S.A., Inc., NT-Ware USA, Inc. (Attachments: #1 Proposed Order re: Protective Order, #2 Proposed Order re: Production of Discovery Material and 502(d)(e) Clawback) (Fish, Eric) |
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ORDER: The settlement conference scheduled for 8/11/2022 is adjourned sine die. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/8/2022. (Bruckner, Ian)
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| Filing 46 Letter by Kenneth Buchbinder, Mike Finnigan, Amy Lynn Hamid, Andre Hamid, Brian McCartney, Woodrow Moss, Luis Pichardo, Diana Rouse, Kristin Serkowski, Tyrone Villacis (Yanchunis, John) |
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MINUTE ENTRY AND ORDER: A status conference was held on 4/19/2022 before Magistrate Judge Sanket J. Bulsara. Counsel for all parties were present. As stated on the record, the parties' proposed discovery schedule #44 is adopted. The case deadlines are set as follows: the deadline to add claims or join additional parties is 7/13/2022, the deadline to complete fact discovery is 1/19/2023, and the deadline to complete all discovery is 5/4/2023. A settlement conference will be held on 8/11/2022 at 2:30 P.M. in Courtroom 324 North before Magistrate Judge Sanket J. Bulsara. All parties must be present. Parties are to submit their respective ex parte settlement positions to the Chambers email address no later than 8/8/2022 at 5:00 P.M.. Counsel are to refer to the Settlement Section of this Court's Individual Rules in preparation for the conference, which is available on the Court's website. The parties are directed to file a joint letter apprising the Court of how they would like to proceed with respect to mediation and the settlement conference by 5/6/2022. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/19/2022. (FTR Log: 2:02 - 2:29 P.M.) (Bruckner, Ian)
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| Filing 45 NOTICE of Change of Firm Name Once the filing has been made, you must login to www.pacer.gov and update your account. (Klinger, Gary) |
| Filing 44 REPORT of Rule 26(f) Planning Meeting (Klinger, Gary) |
| Filing 43 ANSWER to #30 Amended Complaint, by Canon Financial Services, Inc., Canon Information Technology Services, Inc., Canon Information and Imaging Solutions, Inc., Canon Medical Components USA, Inc., Canon Software America, Inc., Canon Solutions America, Inc., Canon U.S.A., Inc., NT-Ware USA, Inc.. (Fish, Eric) |
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Filing 42
ORDER: The parties' stipulation #41 is hereby so ordered. Consistent with the attached, Defendants' time to answer or otherwise respond to the Consolidated Amended Class Action Complaint is extended to 4/12/2022. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/27/2022. (Bruckner, Ian)
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| Filing 41 STIPULATION and Proposed Order for Extension of Defendants to File Answer to the Consolidated Amended Class Action Complaint by Canon Financial Services, Inc., Canon Information Technology Services, Inc., Canon Information and Imaging Solutions, Inc., Canon Medical Components USA, Inc., Canon Software America, Inc., Canon Solutions America, Inc., Canon U.S.A., Inc., NT-Ware USA, Inc. (Fish, Eric) |
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SCHEDULING ORDER: A status conference will be held on 4/19/2022 at 2:00 P.M. in Courtroom 324 North before Magistrate Judge Sanket J. Bulsara. The parties are directed to provide a joint proposed discovery schedule 48 hours in advance of the conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/16/2022. (Bruckner, Ian)
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Filing 40
MEMORANDUM DECISION AND ORDER. The defendants' motion to dismiss the consolidated class action complaint is denied with respect to Rouse's claim for negligence, the plaintiffs' breach of implied contract claim and Amy Lynn Hamid's third-party beneficiary claim. The negligence claims of Finnigan, Buchbinder, McCartney, Villacis, Pichardo, Andre Hamid, Amy Lynn Hamid and Moss, the plaintiffs' negligence per se and breach of confidence claims, Villacis's and Pichardo's FDUTPA claim, and Rouses UCL and CCPA claims are dismissed. Ordered by Judge Ann M. Donnelly on 3/15/2022. (Greene, Donna)
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ORDER: Defendants have moved for a stay of discovery #38 pending a decision on their motion to dismiss. The motion is granted. A stay of discovery upon the filing of the motion to dismiss is not automatic. See Kanowitz v. Broadridge Fin. Sols., Inc., No. 13-CV-649, 2014 WL 1338370, at *5 (E.D.N.Y. Mar. 31, 2014); see also Integrated Sys. & Power, Inc. v. Honeywell Int'l, Inc., No. 09-cv-5874, 2009 WL 2777076, at *1 (S.D.N.Y. Sept. 1, 2009). "Under Fed. R. Civ. P. 26(c), a district court may stay discovery during the pendency of a dispositive motion for 'good cause' shown." Hearn v. United States, No. 17-CV-3703, 2018 WL 1796549, at *2 (E.D.N.Y. Apr. 16, 2018). "[D]istrict courts have considered the following factors in determining whether a stay of discovery is appropriate pending the outcome of a dispositive motion: (1) whether the defendant has made a strong showing that the plaintiff's claim is unmeritorious; (2) the breadth of discovery and the burden of responding to it; and (3) the risk of unfair prejudice to the party opposing the stay." Long Island Hous. Servs., Inc. v. Nassau Cnty. Indus. Dev. Agency, No. 14-CV-3307, 2015 WL 7756122, at *2 (E.D.N.Y. Dec. 1, 2015) (quotations omitted). The Court concludes that a stay is appropriate. As to the first factor, the Court's review of the papers indicates that Defendants' motion to dismiss has demonstrable merit. While Plaintiffs assert that the motion would not be fully dispositive, that assertion is based on the merits of the opposition, not the nature of Defendants' motion. Should Defendants' motion prevail in its entirety, Plaintiffs do not identify what, if any, portion of the case would remain. As to the second factor, Plaintiffs do not actually identify the discovery they would seek if a stay were not present, and so while they dismiss Defendants' objections to the cost of discovery, they do not dispute the breadth of the case and the potentially expansive discovery at issue in the case. As to the third factor, there is no indication that Plaintiffs would be prejudiced during the stay since to date, Plaintiffs have not yet served any discovery, (Resp. in Opp'n dated Jan. 7, 2021, Dkt. No. 39 at 5), despite the fact that the case has been pending for more than a year and no stay has previously been imposed. Additionally, Plaintiffs did not even consider discovery until the Court mentioned the motion to stay and have not identified any prejudice other than a generic interest in proceeding with litigation expeditiously. The stay of discovery is granted. Should the case not be dismissed with prejudice in its entirety, the parties must file a Rule 26(f) discovery plan within one week of the Court's decision on the pending motion to dismiss. So Ordered by Magistrate Judge Sanket J. Bulsara on 2/9/2022. (Bruckner, Ian)
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| Filing 39 RESPONSE in Opposition re #38 Letter MOTION to Stay Discovery filed by Kenneth Buchbinder, Mike Finnigan, Amy Lynn Hamid, Andre Hamid, Brian McCartney, Woodrow Moss, Luis Pichardo, Diana Rouse, Kristin Serkowski, Tyrone Villacis. (Yanchunis, John) |
| Filing 38 Letter MOTION to Stay Discovery by Canon Financial Services, Inc., Canon Information Technology Services, Inc., Canon Information and Imaging Solutions, Inc., Canon Medical Components USA, Inc., Canon Software America, Inc., Canon Solutions America, Inc., Canon U.S.A., Inc., NT-Ware USA, Inc.. (Fish, Eric) |
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ORDER: The deadline for Plaintiffs to file a response to the forthcoming motion to stay is 1/7/2022. As stated in this Court's Individual Practices, the Court does not permit reply briefs on discovery motions. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/9/2021. (Bruckner, Ian)
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| Filing 37 NOTICE by Kenneth Buchbinder, Mike Finnigan, Amy Lynn Hamid, Andre Hamid, Brian McCartney, Woodrow Moss, Luis Pichardo, Diana Rouse, Kristin Serkowski, Tyrone Villacis re Order,, Response to Court Order Regarding Consent to a Stay (Yanchunis, John) |
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ORDER: The parties should inform the Court by 12/8/2021 whether they consent to a stay of discovery in light of the pending motion to dismiss #31 . If the parties do not agree on a stay of discovery, the party seeking such a stay shall file a motion for a stay by 12/15/2021. "[I]t is well settled that the issuance of a stay of discovery pending the outcome of a motion to dismiss is 'by no means automatic.'" Integrated Sys. & Power, Inc. v. Honeywell Int'l, Inc., No. 09-cv-5874, 2009 WL 2777076, at *1 (S.D.N.Y. Sept. 1, 2009). So Ordered by Magistrate Judge Sanket J. Bulsara on 11/24/2021. (Bruckner, Ian)
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| Filing 36 REPLY in Support re #31 MOTION to Dismiss for Failure to State a Claim and for Lack of Standing filed by Canon Financial Services, Inc., Canon Information Technology Services, Inc., Canon Information and Imaging Solutions, Inc., Canon Medical Components USA, Inc., Canon Software America, Inc., Canon Solutions America, Inc., Canon U.S.A., Inc., NT-Ware USA, Inc.. (Fish, Eric) |
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ORDER: The Motion to Withdraw #35 is hereby granted. Attorney Amanda Peterson is hereby terminated. So Ordered by Magistrate Judge Sanket J. Bulsara on 9/24/2021. (Bruckner, Ian)
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| Filing 35 MOTION to Withdraw as Attorney by Mike Finnigan. (Peterson, Amanda) |
| Filing 34 RESPONSE in Opposition re #31 MOTION to Dismiss for Failure to State a Claim and for Lack of Standing filed by All Plaintiffs. (Attachments: #1 Exhibit A: Capital One TransUnion Brief) (Yanchunis, John) |
| Filing 33 NOTICE of Appearance by Jonathan Michael Sedgh on behalf of All Plaintiffs (aty to be noticed) (Sedgh, Jonathan) |
| Filing 32 MEMORANDUM in Support re #31 MOTION to Dismiss for Failure to State a Claim and for Lack of Standing filed by Canon Financial Services, Inc., Canon Information Technology Services, Inc., Canon Information and Imaging Solutions, Inc., Canon Medical Components USA, Inc., Canon Software America, Inc., Canon Solutions America, Inc., Canon U.S.A., Inc., NT-Ware USA, Inc.. (Fish, Eric) |
| Filing 31 MOTION to Dismiss for Failure to State a Claim and for Lack of Standing by Canon Financial Services, Inc., Canon Information Technology Services, Inc., Canon Information and Imaging Solutions, Inc., Canon Medical Components USA, Inc., Canon Software America, Inc., Canon Solutions America, Inc., Canon U.S.A., Inc., NT-Ware USA, Inc.. (Fish, Eric) |
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ORDER terminating #27 Motion to Dismiss for Failure to State a Claim. In light of the plaintiffs' amended complaint #30 , the defendants' motion to dismiss #27 is terminated. Pursuant to the parties' letter of July 29, 2021, the defendants' motion to dismiss the amended complaint is due by August 25, 2021, the plaintiffs' opposition is due by September 22, 2021, and the defendants' reply, if any, is due by October 6, 2021. Ordered by Judge Ann M. Donnelly on 8/5/2021. (Eisen, Allison)
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| Filing 30 AMENDED COMPLAINT against Canon Financial Services, Inc., Canon Information Technology Services, Inc., Canon Information and Imaging Solutions, Inc., Canon Medical Components USA, Inc., Canon Software America, Inc., Canon Solutions America, Inc., Canon U.S.A., Inc., NT-Ware USA, Inc., filed by Kenneth Buchbinder, Andre Hamid, Mike Finnigan, Woodrow Moss, Brian McCartney, Tyrone Villacis, Diana Rouse, Luis Pichardo. (Yanchunis, John) |
| Filing 29 Letter re: Stipulation and Proposed Order for Filing of Amended Complaint and Updated Scheduling Deadlines by Canon Financial Services, Inc., Canon Information Technology Services, Inc., Canon Information and Imaging Solutions, Inc., Canon Medical Components USA, Inc., Canon Software America, Inc., Canon Solutions America, Inc., Canon U.S.A., Inc., NT-Ware USA, Inc. (Attachments: #1 Stipulation and Proposed Order for Filing of Amended Complaint and Updated Scheduling Deadlines) (Fish, Eric) |
| Filing 28 MEMORANDUM in Support re #27 MOTION to Dismiss for Failure to State a Claim and for Lack of Standing filed by Canon Financial Services, Inc., Canon Information Technology Services, Inc., Canon Information and Imaging Solutions, Inc., Canon Medical Components USA, Inc., Canon Software America, Inc., Canon Solutions America, Inc., Canon U.S.A., Inc., NT-Ware USA, Inc.. (Fish, Eric) |
| Filing 27 MOTION to Dismiss for Failure to State a Claim and for Lack of Standing by Canon Financial Services, Inc., Canon Information Technology Services, Inc., Canon Information and Imaging Solutions, Inc., Canon Medical Components USA, Inc., Canon Software America, Inc., Canon Solutions America, Inc., Canon U.S.A., Inc., NT-Ware USA, Inc.. (Fish, Eric) |
| Filing 26 NOTICE of Appearance by Michael Anderson Berry on behalf of All Plaintiffs (aty to be noticed) (Berry, Michael) |
| Minute Entry for proceedings held before Judge Ann M. Donnelly: Pre-Motion Conference held on 6/10/2021. Appearances by Gary Klinger, John Yanchunis, and Michael Anderson Berry for the plaintiffs. Eric Fish, Paul Karlsgodt, and Robyn Feldstein for the defendants. Case called; discussion held. The defendants' motion to dismiss is due by July 12, 2021. The plaintiffs' response is due by August 12, 2021. The defendants' reply, if any, is due by August 26, 2021. (Court Reporter Holly Driscoll.) (Eisen, Allison) |
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ORDER granting #24 Motion for Pre-Motion Conference. The pre-motion conference will be held on June 10, 2021, at 2:30 p.m. via teleconference (line (888) 363-4734, access code 9057625). Ordered by Judge Ann M. Donnelly on 6/1/2021. (Eisen, Allison)
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| Filing 25 RESPONSE to Motion re #24 Letter MOTION for pre motion conference in Connection with Canon's Anticipated Motion to Dismiss filed by All Plaintiffs. (Yanchunis, John) |
| Filing 24 Letter MOTION for pre motion conference in Connection with Canon's Anticipated Motion to Dismiss by Canon Financial Services, Inc., Canon Information Technology Services, Inc., Canon Information and Imaging Solutions, Inc., Canon Medical Components USA, Inc., Canon Software America, Inc., Canon Solutions America, Inc., Canon U.S.A., Inc., NT-Ware USA, Inc.. (Fish, Eric) |
| Filing 23 Corporate Disclosure Statement by Canon Financial Services, Inc., Canon Information Technology Services, Inc., Canon Information and Imaging Solutions, Inc., Canon Medical Components USA, Inc., Canon Software America, Inc., Canon U.S.A., Inc., NT-Ware USA, Inc., Canon Solutions America, Inc. identifying Corporate Parent Canon, Inc. for Canon Medical Components USA, Inc., Canon U.S.A., Inc., NT-Ware USA, Inc.; Corporate Parent Canon U.S.A., Inc. for Canon Financial Services, Inc., Canon Information Technology Services, Inc., Canon Solutions America, Inc.; Other Affiliate Canon U.S.A., Inc. for Canon Information and Imaging Solutions, Inc.. (Fish, Eric) |
| Filing 22 AMENDED COMPLAINT Consolidated against All Defendants, filed by Brian McCartney, Kenneth Buchbinder, Mike Finnigan, Diana Rouse, Tyrone Villacis, Luis Pichardo, Andre Hamid, Amy Lynn Hamid, Woodrow Moss. (Attachments: #1 Exhibit) (Yanchunis, John) |
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ORDER: In light of the consolidation of Rouse v. Canon U.S.A., Inc., No. 21-CV-414, the motion for extension of time #21 is granted as follows. The deadline for Plaintiffs to file a consolidated amended complaint is extended to 4/22/2021. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/24/2021. (Altreuter, Sylvia)
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| Case Consolidated. Associated Cases are: 1:20-cv-06239-AMD-SJB, 1:20-cv-06380-AMD-SJB, and 2:21-cv-00414-AMD-SJB (Manson, Eddie) |
| Filing 21 Letter MOTION for Extension of Time to File Consolidated Amended Complaint and Seeking Clarification of Consolidation by Canon U.S.A., Inc.. (Attachments: #1 Order Reassigning Case) (Fish, Eric) |
| Filing 20 NOTICE of Appearance by Lori G. Feldman on behalf of Diana Rouse (aty to be noticed) Associated Cases: 1:20-cv-06239-AMD-SJB, 1:20-cv-06380-AMD-SJB (Feldman, Lori) |
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Filing 19
ORDER: The motion to appoint interim class counsel #12 is granted as stated in the attached Order. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/9/2021. (Altreuter, Sylvia)
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| Filing 18 NOTICE of Appearance by Gary M. Klinger on behalf of Kenneth Buchbinder, Mike Finnigan, Brian McCartney, Luis Pichardo, Kristin Serkowski, Tyrone Villacis (notification declined or already on case) (Klinger, Gary) |
| Filing 17 NOTICE of Appearance by Robyn Mara Feldstein on behalf of Canon U.S.A., Inc., Canon Financial Services, Inc., Canon Information Technology Services, Inc., Canon Solutions America, Inc., NT-Ware USA, Inc. (aty to be noticed) Associated Cases: 1:20-cv-06239-AMD-SJB, 1:20-cv-06380-AMD-SJB (Feldstein, Robyn) |
| Filing 16 NOTICE of Appearance by Gary E Mason on behalf of Kenneth Buchbinder, Mike Finnigan, Brian McCartney, Luis Pichardo, Kristin Serkowski, Tyrone Villacis (aty to be noticed) Associated Cases: 1:20-cv-06239-AMD-SJB, 1:20-cv-06380-AMD-SJB (Mason, Gary) |
| Filing 15 NOTICE of Appearance by Paul Karlsgodt on behalf of Canon U.S.A., Inc., Canon Financial Services, Inc., Canon Information Technology Services, Inc., Canon Solutions America, Inc., Canon, U.S.A., Inc., NT-Ware USA, Inc. (aty to be noticed) Associated Cases: 1:20-cv-06239-AMD-SJB, 1:20-cv-06380-AMD-SJB (Karlsgodt, Paul) |
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ORDER: The motion for leave to appear pro hac vice #14 is granted. 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. So Ordered by Magistrate Judge Sanket J. Bulsara on 2/3/2021. (Altreuter, Sylvia)
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| Filing 14 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number NYEDC-14088295. by Canon U.S.A., Inc., Canon Financial Services, Inc., Canon Information Technology Services, Inc., Canon Solutions America, Inc., NT-Ware USA, Inc.. (Attachments: #1 Affidavit in Support of Motion for Pro Hac Vice Admission, #2 Colorado Certificate of Good Standing, #3 Washington Certificate of Good Standing) Associated Cases: 1:20-cv-06239-AMD-SJB, 1:20-cv-06380-AMD-SJB (Karlsgodt, Paul) |
| Filing 13 MEMORANDUM in Support re #12 MOTION to Appoint Counsel OF INTERIM CLASS COUNSEL filed by Kenneth Buchbinder, Mike Finnigan, Brian McCartney, Luis Pichardo, Kristin Serkowski, Tyrone Villacis. (Attachments: #1 Declaration Klinger Declaration With Exhibit A, #2 Declaration Yanchunis Declaration, #3 Declaration Feldman Declaration, #4 Proposed Order) (Peterson, Amanda) |
| Filing 12 MOTION to Appoint Counsel OF INTERIM CLASS COUNSEL by Kenneth Buchbinder, Mike Finnigan, Brian McCartney, Luis Pichardo, Kristin Serkowski, Tyrone Villacis. (Peterson, Amanda) |
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ORDER: The motion for leave to appear pro hac vice #11 is granted. 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. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/27/2021. (Altreuter, Sylvia)
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| Filing 11 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14048305. by Kenneth Buchbinder, Mike Finnigan, Brian McCartney, Luis Pichardo, Kristin Serkowski, Tyrone Villacis. (Attachments: #1 Affidavit in Support of Motion for Pro Hac Vice, #2 IL COGS, #3 Certificate of Service) (Klinger, Gary) |
| Filing 10 Notice of Related Case: The Civil Cover Sheet filed in Case No. 2:21-cv-00414 (SJF)(ARL) indicates that this case is a related case. (Flanagan, Doreen) |
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Filing 9
ORDER: The motion to consolidate cases #7 is granted. The attached stipulation is so ordered. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/25/2021. (Altreuter, Sylvia)
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| Case Consolidated. Associated Cases: 1:20-cv-06239-AMD-SJB, 1:20-cv-06380-AMD-SJB (Manson, Eddie) |
| Filing 8 NOTICE of Appearance by Eric Robert Fish on behalf of Canon U.S.A., Inc. (aty to be noticed) (Fish, Eric) |
| Filing 7 Letter MOTION to Consolidate Cases and Enter Proposed Briefing Schedule by Kenneth Buchbinder, Mike Finnigan, Brian McCartney, Luis Pichardo, Kristin Serkowski, Tyrone Villacis. (Attachments: #1 Proposed Order and Stipulation Requesting Consolidation of Cases and Entry of Briefing Schedule) (Graifman, Gary) |
| Filing 6 NOTICE of Appearance by Melissa Robin Emert on behalf of All Plaintiffs (aty to be noticed) (Emert, Melissa) |
| 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) |
| 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) |
| Filing 3 Summons Issued as to All Defendants. (Bowens, Priscilla) |
| Case Assigned to Judge Ann M Donnelly and Magistrate Judge Sanket J. Bulsara. 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) |
| Filing 2 Proposed Summons.Civil Cover Sheet.. by Kenneth Buchbinder, Mike Finnigan, Brian McCartney, Luis Pichardo, Kristin Serkowski, Tyrone Villacis (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) (Graifman, Gary) |
| Filing 1 COMPLAINT against Canon U.S.A., Inc. filing fee $ 402, receipt number ANYEDC-13885778 Was the Disclosure Statement on Civil Cover Sheet completed -no,, filed by Kristin Serkowski, Tyrone Villacis, Mike Finnigan, Brian McCartney, Kenneth Buchbinder, Luis Pichardo. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) (Graifman, Gary) |
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