Drake v. Whole Foods Market Group, Inc.
Plaintiff: Evaleen Drake
Defendant: Whole Foods Market Group, Inc.
Case Number: 1:2023cv08702
Filed: November 27, 2023
Court: US District Court for the Eastern District of New York
Presiding Judge: Marcia M Henry
Referring Judge: Rachel P Kovner
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-(Citizenship)
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 25, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 25, 2024 Filing 10 First MOTION to Adjourn Conference matter settled - adjourn sine die & issue a 30 day conditional dismissal by Whole Foods Market Group, Inc.. (Levine, Mitchell)
January 25, 2024 Opinion or Order ORDER granting #10 : The parties report having reached a settlement in principle. The 01/25/2024 initial conference is adjourned sine die. By 02/26/2024 the parties shall file the necessary documents to terminate this action or a joint status report. So Ordered by Magistrate Judge Marcia M. Henry on 01/25/2024. (RA)
January 11, 2024 Filing 9 NOTICE of Appearance by Caroline Papadatos on behalf of Whole Foods Market Group, Inc. (aty to be noticed) (Papadatos, Caroline)
January 11, 2024 Opinion or Order RESCHEDULING ORDER: The video initial conference scheduled for 01/11/2024 at 11:30AM is adjourned to 01/25/2024 at 9:30AM before Magistrate Judge Marcia M. Henry. All parties are directed to appear via Video using the Zoom invitation link sent to the email address listed on the docket. The parties shall join the video call (5) minutes before the conference. To access this conference telephonically, the toll-free number 646-828-7666 and follow these steps: (1) Enter the meeting ID number: 160-345-8783 and then press #. (2) Press # again. (3) Enter the passcode: 247762. The parties shall dial in five (5) minutes before the conference. Persons granted remote access to proceedings are reminded that photographing, recording, and rebroadcasting of any court proceeding or communication with the Court are prohibited. Violation of these prohibitions may result in sanctions. A transcript of the proceedings may be ordered from the Clerk's Office or the assigned court reporter. So Ordered by Magistrate Judge Marcia M. Henry on 01/11/2024. (SY)
December 28, 2023 Opinion or Order ORDER: The in-person initial conference scheduled for 01/11/2024 at 11:30AM is converted to a video initial conference. All parties are directed to appear via Video using the Zoom invitation link sent to the email address listed on the docket. The parties shall join the video call (5) minutes before the conference. To access this conference telephonically, the toll-free number 646-828-7666 and follow these steps: (1) Enter the meeting ID number: 160-631-8178 and then press #. (2) Press # again. (3) Enter the passcode: 744096. The parties shall dial in five (5) minutes before the conference. Persons granted remote access to proceedings are reminded that photographing, recording, and rebroadcasting of any court proceeding or communication with the Court are prohibited. Violation of these prohibitions may result in sanctions. A transcript of the proceedings may be ordered from the Clerk's Office or the assigned court reporter. So Ordered by Magistrate Judge Marcia M. Henry on 12/28/2023. (SY)
December 20, 2023 Filing 8 Proposed Scheduling Order Proposed Discovery Plan by Whole Foods Market Group, Inc. (Levine, Mitchell)
December 14, 2023 Opinion or Order Filing 7 SCHEDULING ORDER: An in-person initial conference will be held on 01/11/2024 at 11:30AM in Courtroom 504 North before Magistrate Judge Marcia M. Henry. All counsel must attend.Counsel are directed to review the attached Initial Conference Order and this Court's Individual Practice Rules for instructions. By 01/04/2024, the parties must file a joint and completed copy of the attached Proposed Discovery Plan (also available in PDF format at: # https://img.nyed.uscourts.gov/files/local_rules/ProposedDiscoveryPlanMMH.pdf). So Ordered by Magistrate Judge Marcia M. Henry on 12/14/2023.(Attachments: #1 Individual Practice Rules, #2 Proposed Discovery Plan (RC)
November 30, 2023 Filing 6 ANSWER to Complaint by Whole Foods Market Group, Inc.. (Attachments: #1 Affidavit AOS) (Levine, Mitchell)
November 27, 2023 Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD)
November 27, 2023 Filing 4 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (KD)
November 27, 2023 Filing 3 Civil Cover Sheet.. by Whole Foods Market Group, Inc. (Levine, Mitchell)
November 27, 2023 Filing 2 Corporate Disclosure Statement by Whole Foods Market Group, Inc. identifying Other Affiliate Evaleen Drake for Whole Foods Market Group, Inc.. (Levine, Mitchell)
November 27, 2023 Filing 1 NOTICE OF REMOVAL by Whole Foods Market Group, Inc. to Eastern District of New York from Supreme Court County of Kings, case number 529288/2023. ( Filing fee $ 402 receipt number ANYEDC-17314021) (Attachments: #1 Exhibit A - S&C, #2 Exhibit B-CT Corp, #3 Exhibit C - Division of Corporation, #4 Affidavit AOS) (Levine, Mitchell)
November 27, 2023 Case Assigned to Judge Rachel P. Kovner and Magistrate Judge Marcia M. Henry. 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. (KD)
November 27, 2023 This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (KD)

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Plaintiff: Evaleen Drake
Represented By: Alex Umansky
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Defendant: Whole Foods Market Group, Inc.
Represented By: Mitchell B. Levine
Represented By: Caroline Papadatos
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