Birthwright v. Advance Stores Company, Inc.
| Hugh Birthwright |
| Advance Stores Company Inc. and Advance Stores Company, Inc. doing business as Advance Auto Parts |
| Corry Jonas and Kevin Badillo |
| Advance Stores Company, Incorporated |
| 2:2022cv00593 |
| February 1, 2022 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Steven Tiscione |
| Labor: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| None |
Docket Report
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This docket was last retrieved on September 29, 2023. A more recent docket listing may be available from PACER.
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Filing 37
Letter regarding Initial Conference by Hugh Birthwright (Schaffer, Brian)
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Filing 36
Order Dismissing Parties: Party Corry Jonas, Advance Stores Company, Incorporated and Kevin Badillo terminated. So Ordered by Judge Gary R. Brown on 9/20/2023. (JC)
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Filing 35
NOTICE of Voluntary Dismissal by Kevin Badillo, Corry Jonas (Gangat, Mohammed)
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Case Consolidated. (JC)
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Filing 34
MEMORANDUM & ORDER: MEMORANDUM & ORDER: Based on the foregoing, defendants motion to dismiss the complaint based on the first filed rule is denied. Defendants motion to consolidate 13 this case with Birthwright v. Advance Stores Company, Inc., No. 22-CV-0593 (GRB)(ST) is granted. Pursuant to Federal Rule of Civil Procedure 42(a), the Court consolidates Jonas v. Advance Stores Company, Inc., No. 22-CV-3340 (GRB)(ST) with Birthwright v. Advance Stores Company, Inc., No. 22-CV-0593 (GRB)(ST). The Clerk of the Court is directed to consolidate the two actions under Birthwright v. Advance Stores Company, Inc., No. 22-CV-0593 (GRB)(ST) and close Jonas v. Advance Stores Company, Inc., No. 22-CV-3340 (GRB)(ST). Plaintiffs in each action are directed to file, within fourteen days of the date of this Order, a Consolidated Complaint incorporating the claims of the amended complaint in the first filed action and the complaint in the second filed action. The Consolidated Complaint shall not assert new allegations against defendant without further leave of Court. SEE ATTACHED ORDER FOR FURTHER DETAILS. So Ordered by Judge Gary R. Brown on 9/5/2023. (JC)
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Filing 33
MEMORANDUM & ORDER denying #19 Motion to Dismiss: Based on the foregoing, defendants motion to dismiss is denied. The parties are directed to proceed with discovery with the assigned Magistrate Judge. SEE ATTACHED ORDER FOR FURTHER DETAILS. So Ordered by Judge Gary R. Brown on 9/5/2023. (JC)
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Filing 32
Letter in response to Plaintiff's letter dated 8/22/2023 (Docket No. 30) by Advance Stores Company, Inc. (Brecher, Jeffrey)
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Filing 31
Letter Corrected re Defendant's Motion to Dismiss by Hugh Birthwright (Schaffer, Brian)
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Filing 30
Letter regarding Defendant's Motion to Dismiss by Hugh Birthwright (Schaffer, Brian)
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Filing 29
Letter to Judge Brown by Advance Stores Company, Inc. (Brecher, Jeffrey)
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Filing 28
NOTICE by Advance Stores Company, Inc. (Third Notice of Supplemental Authority by Defendant) (Brecher, Jeffrey)
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Filing 27
NOTICE by Hugh Birthwright of Supplemental Authority (Schaffer, Brian)
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Filing 26
Letter in response to Plaintiff's Notice of Supplemental Authorities [ECF No. 25] by Advance Stores Company, Inc. (Brecher, Jeffrey)
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Filing 25
NOTICE by Hugh Birthwright of Supplemental Authorities (Attachments: #1 Exhibit A, #2 Exhibit B) (Schaffer, Brian)
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Filing 24
NOTICE by Advance Stores Company, Inc. Defendant's Second Notice of Supplemental Authority (Brecher, Jeffrey)
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Filing 23
Letter in Response to Defendant's Notice of Supplemental Authority by Hugh Birthwright (Attachments: #1 Exhibit A, #2 Exhibit B) (Schaffer, Brian)
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Filing 22
NOTICE by Advance Stores Company, Inc. (Defendant's Notice of Supplemental Authority) (Brecher, Jeffrey)
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Filing 21
NOTICE by Hugh Birthwright re #19 MOTION to Dismiss of Supplemental Authority (Attachments: #1 Exhibit A) (Schaffer, Brian)
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Filing 20
REPLY in Support re #19 MOTION to Dismiss #19 -7 filed by Advance Stores Company, Inc.. (Brecher, Jeffrey)
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Filing 19
MOTION to Dismiss by Advance Stores Company, Inc.. (Attachments: #1 Declaration, #2 Exhibit, #3 Memorandum in Support, #4 Declaration, #5 Exhibit, #6 Memorandum in Opposition, #7 Memorandum in Support Defendant's Reply) (Brecher, Jeffrey)
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ORDER granting #18 Motion for Leave to File Excess Pages. Defendant may file reply memoranda of up to 15 pages. Ordered by Judge Gary R. Brown on 9/12/2022. c/ecf (Tahbaz, Joseph)
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Filing 18
Letter MOTION for Leave to File Excess Pages for reply memoranda by Advance Stores Company, Inc.. (Brecher, Jeffrey)
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ORDER granting #17 Motion for Extension of Time to File Response/Reply. Application granted on consent. The parties' proposed revised briefing schedule set forth in the August 12, 2022 letter is hereby So Ordered. Ordered by Judge Gary R. Brown on 8/12/2022. c/ecf (Tahbaz, Joseph)
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Filing 17
First MOTION for Extension of Time to File Response/Reply by Hugh Birthwright. (Mazzaferro, Frank)
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Filing 16
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on June 29, 2022, before Judge Gary R. Brown. Transcriber Fiore Reporting and Transcription Service, Inc., Telephone number 203-929-9992. Email address: cmfiore@sbcglobal.net. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/27/2022. Redacted Transcript Deadline set for 8/6/2022. Release of Transcript Restriction set for 10/4/2022. (Cox, Dwayne)
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Filing 15
Minute Entry for proceedings held before Judge Gary R. Brown: Telephone Pre Motion Conference held on 6/29/2022: Counsel for all sides present. Motion Schedule set. Motion served by: 7/20 Response served by: 8/19 Reply and all papers filed by: 10 days. Motion argued. Other: Page limit extended to 40 pages. SEE ATTACHED. (FTR Log #2:36-3:04.) (Cubano, Jazmin)
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Filing 14
Letter in Opposition to Defendant's Pre Motion Request by Hugh Birthwright (Schaffer, Brian)
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ORDER granting #13 Motion for Pre Motion Conference. A pre-motion telephone conference is scheduled for June 29, 2022 at 2:00 PM before Judge Gary R. Brown, at which time the parties should be prepared to address Defendant's anticipated motion pursuant to Rule 12 of the Federal Rules of Civil Procedure, DE 13. The parties are to call (888) 363-4734 using ACCESS CODE 4132441 five minutes prior to the designated time.The parties are on notice that in appropriate cases, the pre-motion letter and the response, along with the parties' arguments made at the pre-motion conference, may be construed at the discretion of the Court as the motion itself. Arguments not raised in the pre-motion letters or during the pre-motion conference shall be deemed waived. See In re Best Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011).At the conference, the Court will issue a briefing schedule if necessary. Plaintiff is directed to respond to DE 13 in accordance with the undersigned's individual rules by May 18, 2022. Before requesting an adjournment, the parties shall meet and confer and submit a joint letter with several proposed dates. The parties and other attendees to the conference are also reminded that the recording of any proceeding of the Court, including this conference, is prohibited under Local Rule 1.8.The request for an extension of the page limit for memoranda of law is denied as premature. The Court will address the request, if necessary, at the pre-motion conference. Ordered by Judge Gary R. Brown on 5/3/2022. c/ecf (Tahbaz, Joseph)
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Filing 13
Letter MOTION for pre motion conference by Advance Stores Company, Inc.. (Brecher, Jeffrey)
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Filing 12
RESPONSE TO ORDER TO SHOW CAUSE by Advance Stores Company, Inc. (Brecher, Jeffrey)
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Filing 11
RESPONSE TO ORDER TO SHOW CAUSE by Hugh Birthwright (Attachments: #1 Exhibit A) (Schaffer, Brian)
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Filing 10
AMENDED COMPLAINT against Advance Stores Company, Inc., filed by Hugh Birthwright. (Attachments: #1 Exhibit A) (Schaffer, Brian)
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Filing 9
ORDER OF RECUSAL: Magistrate Judge James M. Wicks recused. Case reassigned to Magistrate Judge Steven Tiscione for all further proceedings. So Ordered by Magistrate Judge James M. Wicks on 3/24/2022. (Ortiz, Grisel)
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Filing 8
NOTICE of Appearance by Jeffrey W. Brecher on behalf of Advance Stores Company, Inc. (aty to be noticed) (Brecher, Jeffrey)
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ORDER TO SHOW CAUSE: In light of Rosario v. Icon Burger Acquisition LLC, 21-cv-4313 (JS)(ST), 2022 WL 198503 (E.D.N.Y. Jan. 21, 2022) and the cases cited therein, plaintiff is directed to Show Cause why this matter should not be dismissed for failure to plausibly allege standing. Counsel for plaintiff is to respond within one week of this order. Counsel for defendant may respond five days thereafter. Ordered by Judge Gary R. Brown on 3/17/2022. c/ecf (Cowan, Timothy)
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Filing 7
WAIVER OF SERVICE Returned Executed by Hugh Birthwright. Advance Stores Company, Inc. waiver sent on 3/3/2022, answer due 5/2/2022. (Mazzaferro, Frank)
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Filing 6
Summons Issued as to Advance Stores Company, Inc. (Tirado, Chelsea)
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Filing 5
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. (Jakubowski, Laura) (Main Document 5 replaced on 2/3/2022) (Jakubowski, Laura).
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Filing 4
Proposed Summons. by Hugh Birthwright (Mazzaferro, Frank)
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Filing 3
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Jakubowski, Laura)
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Case Assigned to Judge Gary R. Brown and Magistrate Judge James M. Wicks. 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. (Jakubowski, Laura)
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Filing 2
Civil Cover Sheet.. by Hugh Birthwright (Schaffer, Brian)
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Filing 1
COMPLAINT against Advance Stores Company, Inc. filing fee $ 402, receipt number ANYEDC-15250291. Was the Disclosure Statement on Civil Cover Sheet completed -No, filed by Hugh Birthwright. (Attachments: #1 Exhibit A) (Schaffer, Brian) Modified on 2/2/2022 (Jakubowski, Laura).
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