Tosi v. Williams-Sonoma, Inc.
| Nicole Tosi |
| Williams-Sonoma, Inc. |
| 1:2022cv04162 |
| July 15, 2022 |
| US District Court for the Eastern District of New York |
| William F Kuntz |
| Vera M Scanlon |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Plaintiff |
Docket Report
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ORDER denying #39 motion for extension of time to complete discovery. Plaintiff seeks a fourth extension of the discovery deadline for the purpose of deposing three nonparty witnesses, whose depositions were originally scheduled to take place in mid-July, and due to a newly raised "discovery dispute related to WSI's insufficient supplemental document production and search for ESI." See ECF Nos. 38, 39. Defendant opposes the motion. See ECF No. 40. The Court has repeatedly advised the parties that fact discovery, including depositions, must be completed in a timely manner. By Order dated 11/22/2022, the Court advised the parties that "discovery is not stayed during the pendency of a proposed motion to dismiss." By Order dated 12/14/2022, the Court set a fact discovery deadline of 5/26/2023 and denied Defendant's motion for a stay of discovery pending its motion to dismiss. By Order dated 1/13/2023, the Court denied Defendant's second motion for a stay of discovery. By Order dated 4/25/2023, the Court denied the Parties' joint request for a stay of deposition discovery pending a resolution of Defendant's motion to dismiss. By Order dated 5/12/2023, the Court granted the parties' first joint motion to extend discovery, and extended the fact discovery deadline to 7/26/2023. By Order dated 7/28/2023, the Court granted the parties' second joint motion to extend discovery, and extended the fact discovery deadline to 8/25/2023. By Order dated 8/25/2023, the Court extended the fact discovery deadline a third time, to 10/25/2023, at Plaintiff's request and on the consent of Defendant. The Court warned the parties that they "should not expect additional extensions absent good cause." Plaintiff has failed to demonstrate good cause for a discovery extension, and has not offered a clear explanation why the nonparty depositions could not have been completed in a timely manner. Plaintiff originally subpoenaed the nonparties to be deposed in mid-July. According to Plaintiff, the depositions did not go forward "[d]ue to some delays in getting the witnesses' contact information from [Defendant's] counsel, scheduling conflicts, and also questions about whether WSI would be representing the former employee witnesses for purposes of their deposition." See ECF No. 38. Plaintiff waited until 10/5/2023 to re-subpoena the witnesses for depositions scheduled for 10/23/2023, two days before the fact-discovery deadline, which had already been extended three times. Plaintiff concedes that she "did not include a witness attendance fee with these subpoenas because it was always understood that amended subpoenas would likely need to be served once the witnesses responded with their availability." See id. This rationale does not warrant an extension, and any uncertainty as to Defendant's counsel's representation of the nonparty witnesses does not excuse Plaintiff's extensive delays in issuing proper subpoenas and scheduling the depositions. Plaintiff has also failed to show good cause for a discovery extension based on Defendant's allegedly insufficient supplemental ESI production. Plaintiff does not state when the production occurred, explain its relevance to depositions, or explain why counsel waited until two days before the day before the fact-discovery deadline to raise with the Court that "there may be a need to resolve" a potential discovery dispute. As Plaintiff's motion for a discovery extension is denied, fact discovery is certified as closed, Plaintiff's letter motion at #38 concerning discovery disputes is denied as moot, and the 11/16/2023 Status Conference is cancelled. The parties do not anticipate expert discovery, and all expert discovery deadlines were previously adjourned. See 7/20/2023 Order. Any party who wishes to initiate summary judgment motion practice must do so in accordance with the District Judge's Individual Rules by 11/27/2023. Ordered by Magistrate Judge Vera M. Scanlon on 10/30/2023. (GS)
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| Filing 40 RESPONSE in Opposition re #39 Letter MOTION for Extension of Time to Complete Discovery and to Adjourn Status Conference, #38 Letter MOTION for Discovery Conference filed by Williams-Sonoma, Inc.. (Murphy, Brian) |
| Filing 39 Letter MOTION for Extension of Time to Complete Discovery and to Adjourn Status Conference by Nicole Tosi. (White, Laura) |
| Filing 38 Letter MOTION for Discovery Conference by Nicole Tosi. (Attachments: #1 Exhibit 1 (Email)) (White, Laura) |
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ORDER granting #37 Motion for Extension of Time to Complete Discovery. On consent, the deadline to complete fact discovery is extended to 10/25/2023. The 9/12/2023 in-person Status Conference is rescheduled to 11/16/2023 at 2:00 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. The deadline to file a status report is extended to 11/7/2023. The parties should not expect additional extensions absent good cause. Ordered by Magistrate Judge Vera M. Scanlon on 8/25/2023. (MG)
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| Filing 37 Letter MOTION for Extension of Time to Complete Discovery by Nicole Tosi. (White, Laura) |
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ORDER granting #36 Motion for Extension of Time to Complete Discovery. On consent and for the reasons given at #36 , the deadline to complete fact discovery is extended to 8/25/2023. The parties state that they do not anticipate expert discovery. Accordingly, all expert discovery deadlines are adjourned. The 7/27/2023 Status Conference is rescheduled to 9/12/2023 at 4:00 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. The deadline to file a joint status letter is extended to 8/29/2023. In the letter, the parties should certify that discovery is closed or inform the Court of any discovery disputes, and should propose any necessary deadlines. The Court will determine upon receipt of the letter if the Status Conference is necessary. Ordered by Magistrate Judge Vera M. Scanlon on 7/20/2023. (MG)
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| Filing 36 Joint MOTION for Extension of Time to Complete Discovery by Williams-Sonoma, Inc.. (Murphy, Brian) |
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ORDER: In light of a conflict in the Court's schedule, the 7/20/2023 Status Conference is rescheduled to 7/27/2023 at 12:00 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. The deadline to file a joint status letter of up to three pages regarding the parties' progress and identifying any discovery disputes is extended to 7/18/2023. Ordered by Magistrate Judge Vera M. Scanlon on 7/11/2023. (MG)
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| Filing 35 REPLY in Support re #33 MOTION to Dismiss for Lack of Jurisdiction & Failure to State a Claim filed by Williams-Sonoma, Inc.. (Murphy, Brian) |
| Filing 34 RESPONSE in Opposition re #33 MOTION to Dismiss for Lack of Jurisdiction & Failure to State a Claim filed by Nicole Tosi. (White, Laura) |
| Filing 33 MOTION to Dismiss for Lack of Jurisdiction & Failure to State a Claim by Williams-Sonoma, Inc.. (Attachments: #1 Declaration Murphy, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Memorandum in Support Brief) (Murphy, Brian) |
| Filing 32 Letter to Court re: Service of Opposition to Motion to Partially Dismiss Amended Complaint by Nicole Tosi (Attachments: #1 Exhibit A (service email)) (White, Laura) |
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ORDER granting #31 Motion for Extension of Time to Complete Discovery. On consent, the discovery schedule is amended as follows. The parties will complete fact discovery by 7/26/2023. If the parties perform expert discovery, they will serve initial disclosures by 8/9/2023; initial expert reports by 8/30/2023; and rebuttal expert reports on or before 9/28/2023. All discovery, including expert depositions, will be completed by 10/25/2023, and the parties will file a joint letter certifying the close of all discovery by this same date. The parties should not delay deposition discovery based on the pendency of the motion to dismiss, and will not be granted discovery extensions on that basis.In light of the above extension, the 5/18/2023 Status Conference is rescheduled to 7/20/2023 at 3:00 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. On or before 7/11/2023, the parties will file a joint status letter of up to three pages regarding their progress and identifying any discovery disputes. Ordered by Magistrate Judge Vera M. Scanlon on 5/12/2023. (MG)
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| Filing 31 Joint MOTION for Extension of Time to Complete Discovery and Adjourn Status Conference by Williams-Sonoma, Inc.. (Attachments: #1 Proposed Order Proposed Revised Scheduling Order) (Murphy, Brian) |
| Filing 30 STATUS REPORT by Williams-Sonoma, Inc. (Murphy, Brian) |
| Filing 29 Letter to Hon. William F. Kuntz, II Regarding WSIs Motion to Dismiss by Williams-Sonoma, Inc. (Attachments: #1 Exhibit A - Letter enclosing motion papers) (Murphy, Brian) |
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ORDER denying #28 Motion for Extension of Time to Complete Discovery. Deposition discovery is not stayed during the pendency of Defendant's anticipated motion to dismiss. Ordered by Magistrate Judge Vera M. Scanlon on 4/25/2023. (GS)
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| Filing 28 Joint MOTION for Extension of Time to Complete Discovery Limited to Depositions by Williams-Sonoma, Inc.. (Attachments: #1 Proposed Order Proposed Revised Case Management Plan) (Murphy, Brian) |
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Filing 27
ORDER: In light of the ongoing COVID-19 pandemic, the Court has suspended its pre-motion conference requirement. Therefore, the Court DENIES as moot Defendant's request for a pre-motion conference, ECF No. #25 , and GRANTS Defendant leave to file the anticipated motion. The Court ORDERS the following briefing schedule: Defendant shall submit its motion by Monday, May 8, 2023 at 5:00 P.M.; Plaintiff shall submit an opposition by Wednesday May 31, 2023 at 5:00 P.M.; and Defendant shall submit a reply, if any, by Wednesday, June 21, 2023 at 5:00 P.M. As a courtesy, the Court requests the parties refrain from filing motion papers until the motion has been fully briefed. So Ordered by Judge William F. Kuntz, II on 3/27/2023. (SY)
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| Filing 26 NOTICE of Appearance by Jamie Moelis on behalf of Williams-Sonoma, Inc. (aty to be noticed) (Moelis, Jamie) |
| Filing 25 MOTION for pre motion conference re: Anticipated Motion to Dismiss by Williams-Sonoma, Inc.. (Murphy, Brian) |
| Filing 24 AMENDED COMPLAINT against Williams-Sonoma, Inc., filed by Nicole Tosi. (White, Laura) |
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Filing 23
ORDER: In light of Plaintiff's letter to the Court filed on January 12, 2023, ECF No. #21 , the Court hereby grants Plaintiff leave for thirty (30) days to file an amended complaint. On or before Wednesday, February 22, 2023, at 5:00 P.M., Plaintiff shall serve and electronically file the amended complaint. Plaintiff shall also mail a complete set of courtesy copies of all motion papers, via overnight mail, to the Court, attention of Ms. Simone Rivera. So Ordered by Judge William F. Kuntz, II on 1/23/2023. (SY)
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ORDER denying #22 Motion to Stay. Discovery should continue while any motion to amend or dismiss is pending. Ordered by Magistrate Judge Vera M. Scanlon on 1/13/2023. (MG)
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| Filing 22 Joint MOTION to Stay Discovery Pending Plaintiff's Request for Leave to File an Amended Complaint and Defendant's Responsive Pleading Thereto by Williams-Sonoma, Inc.. (Murphy, Brian) |
| Filing 21 MOTION to Withdraw #14 Letter /Motion to Dismiss Without Prejudice to Renew and Consent to Plaintiff's Request for Leave to File Amended Complaint by Williams-Sonoma, Inc.. (Murphy, Brian) |
| Filing 20 MOTION for pre motion conference re: Anticipated Motion for Leave to Amend by Nicole Tosi. (Attachments: #1 Exhibit 1 (Proposed First Amended Complaint), #2 Exhibit 1.A (Performance Document, 11.1.19)) (White, Laura) |
| Filing 19 Letter re: service of Opposition to Motion to Dismiss by Nicole Tosi (Attachments: #1 Exhibit A (cover letter re service)) (White, Laura) |
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ORDER granting #18 Motion for Extension of Time to File Response/Reply. Responses due by 1/9/2023, Replies due by 1/30/2023. So Ordered by Judge William F. Kuntz, II on 1/6/2023. (SY)
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| Filing 18 Second MOTION for Extension of Time to File Response/Reply to Defendant's Motion to Dismiss by Nicole Tosi. (White, Laura) |
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ORDER granting #17 Motion for Extension of Time to File Response/Reply re #17 Consent MOTION for Extension of Time to File Response/Reply to Motion to Dismiss. Responses due by 1/2/2023. Replies due by 1/23/2023. So Ordered by Judge William F. Kuntz, II on 12/21/2022. (ZB)
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| Filing 17 Consent MOTION for Extension of Time to File Response/Reply to Motion to Dismiss by Nicole Tosi. (White, Laura) |
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ORDER. The proposed scheduling order at #16 is adopted, except that Defendant's motion for a stay of discovery is denied. Plaintiff will serve a settlement demand by 1/6/2023, and Defendant will respond by 1/20/2023. The parties will serve Rule 26(a)(1) initial disclosures by 12/23/2022, if not yet done. The parties will serve initial document requests and interrogatories on or before 1/27/2023. Any joinder and/or amendments of the pleadings must be made by 1/27/2023. The parties will complete fact discovery by 5/26/2023. If the parties perform expert discovery, they will serve initial disclosures by 6/9/2023; initial expert reports by 6/30/2023; and rebuttal expert reports on or before 7/28/2023. All discovery, including expert depositions, will be completed by 8/25/2023, and the parties will file a joint letter certifying the close of all discovery by this same date. An in-person Status Conference is scheduled for 5/18/2023 at 3:00 PM before Magistrate Judge Vera M. Scanlon in Courtroom 13A South. On or before 5/9/2023, the parties will file a joint status letter of up to three pages regarding their progress and identifying any discovery disputes. Counsel are encouraged to discuss settlement possibilities. Ordered by Magistrate Judge Vera M. Scanlon on 12/14/2022. (JR)
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon: Telephone Conference held on 12/13/2022. Laura H. White appearing on behalf of Plaintiff. Brian Daniel Murphy appearing on behalf of Defendant. (FTR Log #12:56-1:09.) (JR) |
| Filing 16 Proposed Scheduling Order by Williams-Sonoma, Inc. (Murphy, Brian) Modified on 12/14/2022 (JR). |
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ORDER. The #15 motion to adjourn the 12/13/2022 Telephonic Initial Conference is denied. Discovery is not stayed during the pendency of a proposed motion to dismiss. The Joint Proposed Case Management Plan is to be filed by 12/5/2022. Ordered by Magistrate Judge Vera M. Scanlon on 11/30/2022. (GS)
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| Filing 15 Joint MOTION to Adjourn Conference and Filing of Propose Case Management Plan by Williams-Sonoma, Inc.. (Murphy, Brian) |
| Filing 14 Letter re: Service of Motion to Dismiss by Williams-Sonoma, Inc. (Attachments: #1 Exhibit Service Letter) (Murphy, Brian) |
| Filing 13 NOTICE of Appearance by Jonathan Howard Stoler on behalf of Williams-Sonoma, Inc. (aty to be noticed) (Stoler, Jonathan) |
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Filing 12
ORDER: In light of the ongoing COVID-19 pandemic, the Court has suspended its pre-motion conference requirement. Therefore, the Court DENIES as moot Defendant's request for a pre-motion conference, ECF No. 11, and GRANTS Defendant leave to file the anticipated motion. The Court ORDERS the following briefing schedule: Defendant shall submit the motion by Monday, November 21, 2022 at 5:00P.M.; Plaintiff shall submit a response by Monday, December 19, 2022 at 5:00 P.M.;and Defendant shall submit a reply, if any, by Monday, January 9, 2023 at 5:00 P.M.As a courtesy, the Court requests the parties refrain from filing motion papers until the motion has been fully briefed. Ordered by Judge William F. Kuntz, II on 10/24/2022. (IH)
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| Filing 11 MOTION for pre motion conference re: Anticipated Motion to Dismiss by Williams-Sonoma, Inc.. (Murphy, Brian) |
| Filing 10 NOTICE of Appearance by Brian Daniel Murphy on behalf of Williams-Sonoma, Inc. (aty to be noticed) (Murphy, Brian) |
| Filing 9 Corporate Disclosure Statement by Williams-Sonoma, Inc. (Murphy, Brian) |
| Filing 8 WAIVER OF SERVICE Returned Executed by Nicole Tosi. Williams-Sonoma, Inc. waiver sent on 8/22/2022, answer due 10/21/2022. (White, Laura) |
| Filing 7 NOTICE of Appearance by Laura H White on behalf of Nicole Tosi (notification declined or already on case) (White, Laura) |
| Filing 6 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15806325. by Nicole Tosi. (Attachments: #1 Affidavit of Laura H. White, #2 Exhibit Certificate of Good Standing Maine, #3 Exhibit Certificate of Good Standing MA) (White, Laura) |
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ORDER granting #6 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. So Ordered by Judge William F. Kuntz, II on 8/2/2022. (Kuntz, William)
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Filing 5
SCHEDULING ORDER: A Telephonic Initial Conference is scheduled for 12/13/2022 at 12:30 PM before Magistrate Judge Vera M. Scanlon. The parties are to call 877-336-1829 and type in the access code 3581283 for the AT&T conference bridge. Persons granted remote access to proceedings are reminded of the general prohibition against recording and rebroadcasting of court proceedings. The parties must complete the attached Joint Proposed Case Management Plan (CMP) and file it on ECF no later than 11/29/2022. In the event that any Defendant(s) has not answered or otherwise appeared, Plaintiff(s) must also mail a copy of this Order, its attachment and the full docket to the last known mailing address(es) for such Defendant(s) and file proof on ECF by the CMP filing date. Ordered by Magistrate Judge Vera M. Scanlon on 7/19/2022. (Scully, Nicole)
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| Filing 4 Summons Issued as to Williams-Sonoma, Inc.. (Davis, Kimberly) |
| 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) |
| 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) |
| Filing 1 COMPLAINT against Williams-Sonoma, Inc. filing fee $ 402, receipt number ANYEDC-15753452 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Nicole Tosi. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (White, Laura) |
| Case Assigned to Judge William F. Kuntz, II and Magistrate Judge Vera M. Scanlon. 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: Nicole Tosi | |
| Represented By: | Laura H White |
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| Defendant: Williams-Sonoma, Inc. | |
| Represented By: | Brian Daniel Murphy |
| Represented By: | Jamie Moelis |
| Represented By: | Jonathan Howard Stoler |
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