Farabaugh v. 1-800-Flowers.Com, Inc. et al
| Michelle Farabaugh |
| 1-800-Flowers.com, Inc. and Harry and David, LLC |
| 2:2021cv06694 |
| December 1, 2021 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joan M Azrack |
| James M Wicks |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Plaintiff |
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This docket was last retrieved on January 11, 2022. A more recent docket listing may be available from PACER.
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| Filing 43 NOTICE of Appearance by Meeta Dama on behalf of Michelle Farabaugh (notification declined or already on case) (Dama, Meeta) |
Filing 42
SCHEDULING ORDER: Please See Order for Further Deadline and Hearing Details. So Ordered by Magistrate Judge James M. Wicks on 1/11/2022. (Ortiz, Grisel)
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| Filing 41 Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR STATUS CONFERENCE. Counsel For Plaintiff: Meeta Dama, Sarah Nichols and Saul D. Zabell. COunsel For Defendant: Wendy J. Mellk and Thomas E. Plastaras. Video Status Conference held on 1/11/2022 at 1:00 PM. The Court adopted the parties' proposed order in part. Please see DE #42 for further details. A Status conference has been scheduled for March 18, 2022 at 2:00 PM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. A Pretrial conference has been scheduled for November 28, 2022 at 12:00 PM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. (FTR Log #1:04-1:16 (video).)(Ortiz, Grisel) |
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ORDER granting #38 Motion for Leave to Appear Pro Hac Vice. The Motion of Meeta T. Dama for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, with registration being available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge James M. Wicks on 1/11/2022. (Sanders, Scott)
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| Filing 40 REPORT of Rule 26(f) Planning Meeting (Zabell, Saul) |
| Filing 39 NOTICE of Appearance by Sarah Nichols on behalf of Michelle Farabaugh (notification declined or already on case) (Nichols, Sarah) |
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ORDER: The return date for Meeta T. Dama's Motion to Appear Pro Hac Vice shall be on 1/11/22. In accordance with this Court's Individual Practice Rules, any opposition must be filed by 1/9/22, at least two (2) days prior to the return date. So Ordered by Magistrate Judge James M. Wicks on 1/4/2022. (Sanders, Scott)
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ORDER granting #37 Motion for Leave to Appear Pro Hac Vice. The Motion of Sarah R. Nichols for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, with registration being available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge James M. Wicks on 1/4/2022. (Sanders, Scott)
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| Filing 38 MOTION to Appear Pro Hac Vice Meeta T. Dama Filing fee $ 150, receipt number ANYEDC-15157067. by Michelle Farabaugh. (Attachments: #1 Affidavit in Support Affidavit in Support of Motion to Admit Counsel Pro Hac Vice) (Dama, Meeta) |
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ORDER: The return date for Sarah R. Nichols' Motion to Appear Pro Hac Vice shall be on 1/4/22. In accordance with this Court's Individual Practice Rules, any opposition must be filed by 1/2/22, at least two (2) days prior to the return date. So Ordered by Magistrate Judge James M. Wicks on 12/28/2021. (Sanders, Scott)
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| Filing 37 MOTION to Appear Pro Hac Vice Sarah R. Nichols Filing fee $ 150, receipt number ANYEDC-15145685. by Michelle Farabaugh. (Attachments: #1 Affidavit in Support Affidavit in Support of Motion to Admit Counsel Pro Hac Vice) (Nichols, Sarah) |
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ORDER denying Sarah R. Nichol's Motion for Leave to Appear Pro Hac Vice. Local Civil Rule 1.3 (c) requires that an attorney seeking to be admitted pro hac vice file an affidavit stating whether she has ever been convicted of a felony; whether she has ever been censured, suspended, disbarred or denied admission or readmission by any court; whether there are any disciplinary proceedings presently against the applicant; and the facts and circumstances surrounding any affirmative responses to the proceeding. Although Ms. Nichol submitted a fillable affidavit, the information provided is unintelligible. Thus, Ms. Nichols motion for leave to appear pro hac vice is denied with leave to renew with the appropriate information. So Ordered by Magistrate Judge James M. Wicks on 12/23/2021. (Sanders, Scott) Modified to correct the typographical error- name corrected from Michelle Farabaugh to Sarah R. Nichol on 12/27/2021 (Ortiz, Grisel).
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| Filing 36 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15139465. by Michelle Farabaugh. (Attachments: #1 Affidavit Affidavit in Support of Motion to Admit Counsel Pro Hac Vice) (Nichols, Sarah) |
| Filing 35 NOTICE of Appearance by Thomas E. Plastaras on behalf of 1-800-Flowers.com, Inc., Harry and David, LLC (aty to be noticed) (Plastaras, Thomas) |
| Filing 34 NOTICE of Appearance by Saul D. Zabell on behalf of All Plaintiffs (aty to be noticed) (Zabell, Saul) |
| Filing 33 ANSWER to #1 Complaint, by 1-800-Flowers.com, Inc., Harry and David, LLC. (Mellk, Wendy) |
| Filing 32 NOTICE of Appearance by Alex Jay Seidenberg on behalf of 1-800-Flowers.com, Inc., Harry and David, LLC (aty to be noticed) (Seidenberg, Alex) |
| Filing 31 NOTICE of Appearance by Wendy J. Mellk on behalf of 1-800-Flowers.com, Inc., Harry and David, LLC (aty to be noticed) (Mellk, Wendy) |
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SCHEDULING ORDER: A status conference via Zoom is scheduled for 1/11/2022 at 1:00 pm. The Court will email a Zoom invite closer to the conference date. So Ordered by Magistrate Judge James M. Wicks on 12/3/2021. (Sanders, Scott)
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| Filing 30 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. (Cox, Dwayne) |
| Filing 29 Case transferred in from District of Oregon; Case Number 1:21-cv-00363. Original file certified copy of transfer order and docket sheet received. |
| The case of Farabaugh v. 1-800-Flowers.Com, Inc. et al, has been transferred from United States District Court, District of Oregon to the Eastern District of New York. The new case number is 21-cv-6694-JMA-JMW. PLEASE NOTE: 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. (Cox, Dwayne) |
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Filing 28
ORDER: Adopting Findings and Recommendation #26 ; Granting in Part Denying in Part #11 Motion to Dismiss for Failure to State a Claim. Signed on 12/1/2021 by Judge Ann L. Aiken. (ck) [Transferred from Oregon on 12/2/2021.]
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Filing 27
Order referring Motion to Dismiss for Failure to State a Claim #11 , Findings & Recommendation should be Granted in Part and Denied in Part #26 to Judge Aiken. Ordered by Magistrate Judge Mark D. Clarke. (rsm) [Transferred from Oregon on 12/2/2021.]
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| Filing 26 Findings & Recommendation: Motion to Dismiss for Failure to State a Claim #11 should be Granted in Part and Denied in Part. Objections to the Findings and Recommendation are due by 10/4/2021. Please access entire text by document number hyperlink. Signed on 09/20/2021 by Magistrate Judge Mark D. Clarke. (rsm) [Transferred from Oregon on 12/2/2021.] |
| Filing 25 Supplemental Brief in Support of Motion to Transfer Venue. Filed by All Defendants. (Related document(s): Motion to Dismiss for Failure to State a Claim #11 .) (Ryan, Sarah) [Transferred from Oregon on 12/2/2021.] |
| Filing 24 Supplement AUTHORITY IN SUPPORT OF ITS OPPOSITION TO DEFENDANTS MOTION TO DISMISS UNDER RULE 12(b)(6) FOR FAILURE TO STATE A CLAIM AND AL TERNATIVE MOTION TO TRANSFER VENUE PURSUANT TO 28 U.S.C. 1404(a). Filed by All Plaintiffs. (Related document(s): Response to Motion #15 .) (Nichols, Sarah) [Transferred from Oregon on 12/2/2021.] |
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Filing 23
MINUTES of Proceedings: Motion Hearing Held regarding Motion to Dismiss for Failure to State a Claim #11 . Motion is taken under advisement as of 8/31/2021. Caitlin Mitchell; Meeta Dama and Sarah Nichols present as counsel for plaintiff(s). Sarah Ryan and Anthony Copple present as counsel for defendant(s). Court Reporter: Denise Zito. Ordered by Magistrate Judge Mark D. Clarke. (rsm) [Transferred from Oregon on 12/2/2021.]
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Filing 22
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #21 . Meeta Dama on behalf of Michelle Farabaugh. Ordered by Magistrate Judge Mark D. Clarke. (jkm) [Transferred from Oregon on 12/2/2021.]
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| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by Meeta Dama. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8195947 #21 : Reviewed and Ready for Ruling. (Per counsel Okay to correct text). (jkm) [Transferred from Oregon on 12/2/2021.] |
| Filing 21 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Meeta Dama. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8195947. Filed by Michelle Farabaugh. (Nichols, Sarah) Modified on 8/19/2021 (jkm). To correct applicant.(per counsel). [Transferred from Oregon on 12/2/2021.] |
| Filing 20 Declaration of Maureen Paradine . Filed by All Defendants. (Related document(s): Reply to Motion #19 .) (Attachments: #1 Exhibit Exhibit A) (Copple, Anthony) [Transferred from Oregon on 12/2/2021.] |
| Filing 19 Reply to Motion to Dismiss for Failure to State a Claim #11 Oral Argument requested. Filed by All Defendants. (Copple, Anthony) [Transferred from Oregon on 12/2/2021.] |
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Filing 18
Scheduling Order by Magistrate Judge Mark D. Clarke regarding Motion to Dismiss for Failure to State a Claim #11 . Telephonic Oral Argument is set for 8/31/2021 at 02:00PM in Medford before Magistrate Judge Mark D. Clarke. Teleconference information to be provided in a separate entry. Ordered by Magistrate Judge Mark D. Clarke. (rsm) [Transferred from Oregon on 12/2/2021.]
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Filing 17
ORDER: Granting Motion for Extension of Time to File Reply to Motion to Dismiss for Failure to State a Claim #11 filed by 1-800-Flowers.Com, Inc., Harry and David, LLC. Reply is now due by 8/13/2021. Ordered by Magistrate Judge Mark D. Clarke. (rsm) [Transferred from Oregon on 12/2/2021.]
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| Filing 16 Unopposed Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Failure to State a Claim #11 . Filed by All Defendants. (Ryan, Sarah) [Transferred from Oregon on 12/2/2021.] |
| Filing 15 Response In Opposition to Motion to Dismiss for Failure to State a Claim #11 Oral Argument requested. Filed by Michelle Farabaugh. (Mitchell, Caitlin) [Transferred from Oregon on 12/2/2021.] |
| Filing 14 Corporate Disclosure Statement . Filed by Harry and David, LLC. (Copple, Anthony) [Transferred from Oregon on 12/2/2021.] |
| Filing 13 Corporate Disclosure Statement . Filed by 1-800-Flowers.Com, Inc.. (Copple, Anthony) [Transferred from Oregon on 12/2/2021.] |
| Filing 12 Declaration of Maureen Paradine . Filed by All Defendants. (Related document(s): Motion to Dismiss for Failure to State a Claim #11 .) (Attachments: #1 Exhibit A) (Copple, Anthony) [Transferred from Oregon on 12/2/2021.] |
| Filing 11 Motion to Dismiss for Failure to State a Claim . Oral Argument requested. Filed by All Defendants. (Copple, Anthony) [Transferred from Oregon on 12/2/2021.] |
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Filing 10
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #9 . Sarah Nichols appearing on behalf of Michelle Farabaugh. Ordered by Magistrate Judge Mark D. Clarke. (jkm) [Transferred from Oregon on 12/2/2021.]
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| Filing 9 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Sarah Nichols. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8095438. Filed by Michelle Farabaugh. (Nichols, Sarah) [Transferred from Oregon on 12/2/2021.] |
| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Sarah Nichols. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8095438 #9 : Reviewed and Ready for Ruling. (jkm) [Transferred from Oregon on 12/2/2021.] |
| Filing 8 Waiver of Service of Summons Returned Executed by All Defendants. Filed by Michelle Farabaugh. (Mitchell, Caitlin) [Transferred from Oregon on 12/2/2021.] |
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Filing 7
Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding 4 Summons Issued,. A Clerical error has been discovered in the case record: The document was filed in the incorrect case. The following corrections were made to the record: The entry is sealed. (jkm) [Transferred from Oregon on 12/2/2021.]
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| Filing 6 Summons Issued Electronically as to Harry and David, LLC. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (jkm) [Transferred from Oregon on 12/2/2021.] |
| Filing 5 Summons Issued Electronically as to 1-800-Flowers.Com, Inc.. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (jkm) [Transferred from Oregon on 12/2/2021.] |
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Filing 3
Scheduling Order by Magistrate Judge Mark D. Clarke regarding Discovery and Pretrial Scheduling Order, #2 . Consent to Jurisdiction by a Magistrate Judge, if any, is to be filed by 7/9/2021. Dispositive Motions are due by 8/9/2021. Ordered by Magistrate Judge Mark D. Clarke. (jkm) [Transferred from Oregon on 12/2/2021.]
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Filing 2
Notice of Case Assignment to Magistrate Judge Mark D. Clarke and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 7/9/2021. Joint Alternate Dispute Resolution Report is due by 8/9/2021. Pretrial Order is due by 8/9/2021. Ordered by Magistrate Judge Mark D. Clarke. (jkm) [Transferred from Oregon on 12/2/2021.]
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| Filing 1 Complaint. Filing fee in the amount of $402 collected. Agency Tracking ID: AORDC-7987262 Jury Trial Requested: Yes. Filed by Michelle Farabaugh against All Defendants (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons). (Mitchell, Caitlin) [Transferred from Oregon on 12/2/2021.] |
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