Holloway v. Cox Automotive Inc. et al
| Melissa Holloway |
| Cox Automotive Inc. and Sean Aryai |
| 2:2022cv04705 |
| August 10, 2022 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| James M Wicks |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 28, 2023. A more recent docket listing may be available from PACER.
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ORDER DISMISSING CASE: In light of the settlement in principle this case is hereby DISMISSED without prejudice to its reinstatement should the settlement not be consummated. Barring any further requests for an extension within 90 days of this order, this dismissal shall deemed with prejudice. Ordered by Judge Gary R. Brown on 9/28/2023. (KM)
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| REPORT of Mediation Settled. Both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. Mediation Report due by 11/3/2023. (DS) |
| Filing 19 STATUS REPORT jointly submitted regarding mediation status by Cox Automotive Inc. (Dobson, Kimberly) |
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ORDER. The parties were previously directed to file a joint status report outlining the status of mediation on or before September 22, 2023. None has been filed to date. The parties are to comply on or before October 2, 2023. So Ordered by Magistrate Judge James M. Wicks on 9/25/2023. (MSH)
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ORDER granting #18 Motion for Extension of Time to File. In light of the scheduling conflict that has led to an adjournment of mediation, the deadline to complete mediation is hereby extended from July 31, 2023 to September 11, 2023. Parties are also directed to file a joint status report on or before September 22, 2023 outlining the status of mediation. So Ordered by Magistrate Judge James M. Wicks on 7/27/2023. (HM)
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| Filing 18 MOTION for Extension of Time to File Mediation Status Report by Melissa Holloway. (Brown, William) |
| Filing 17 Joint MOTION for Extension of Time to File joint status letter and to complete mediation by Cox Automotive Inc.. (Dobson, Kimberly) |
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ORDER granting #17 Motion for Extension of Time to File. The parties' time to complete mediation is hereby extended to on or before July 31, 2023 and their time to file a joint status report is hereby extended to on or before August 11, 2023. So Ordered by Magistrate Judge James M. Wicks on 6/15/2023. (MSH)
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| MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms.Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place (in-person or remote) of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. The Confidentiality Stipulation (in-person or remote) must be signed at or before the initial mediation session by all participants and the Mediator and returned via e-mail to nyed_adr@nyed.uscourts.gov.Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be submitted within two weeks following mediation session. (TP) |
| Filing 16 Joint MOTION to Compel (Request for EDNY mediation panel referral) by Cox Automotive Inc.. (Dobson, Kimberly) |
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ORDER granting #16 Motion to Compel; ORDER REFERRING CASE to Mediation. The parties having expressed a desire to reach an amicable resolution of this case, this case is referred to the EDNY [FLSA] Mediation Panel. For assistance with any questions about the mediation process or the selection of a mediator, counsel are invited to contact the EDNY ADR Administrator Danielle Shalov at (718) 613-2578. The selection of the Mediator shall be done by June 2, 2023. Mediation shall be complete by July 7, 2023. The parties are directed to file a joint status letter on or before July 21, 2023. All dates and deadlines are held in abeyance in the interim and the Status Conference set for May 19, 2023 is adjourned sine die. So Ordered by Magistrate Judge James M. Wicks on 5/18/2023. (MSH)
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Filing 15
SCHEDULING ORDER: Please See Order For Further Details. So Ordered by Magistrate Judge James M. Wicks on 1/5/2023. (DF)
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| Filing 14 Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR INITIAL CONFERENCE. Counsel for Plaintiff: William M. Brown. Counsel for Defendant: Kimberly Natalie Dobson. Initial Conference Hearing held on 1/5/2023 at 1:00 PM. Following discussion with counsel and review of the submitted worksheet, the Court adopted a Scheduling Order which is attached at DE #15 . A Status Conference has been scheduled for May 19, 2023 at 10:00 AM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. A Final Pretrial Conference has been scheduled for January 3, 2024 at 10:00 AM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. If Judge Gary R. Brown requires one, a joint proposed pretrial order in compliance with Judge Brown's requirements and signed by counsel for each party must be received by the undersigned 5 business days prior to this conference. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. (FTR Log #12:59-1:04 (Video).) (DF) |
| Filing 13 Proposed Scheduling Order by Melissa Holloway (Brown, William) |
| Filing 12 ANSWER to #1 Complaint, by Cox Automotive Inc.. (Dobson, Kimberly) |
| Filing 11 Corporate Disclosure Statement by Cox Automotive Inc. identifying Other Affiliate Cox Automotive Corporate Services, LLC for Cox Automotive Inc.. (Dobson, Kimberly) |
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Filing 10
INITIAL CONFERENCE SCHEDULING ORDER: An initial conference via Zoom will be held January 5, 2023 at 1:00 PM before Magistrate Judge James M. Wicks. The Court will email the Zoom invitation closer to the conference date. All counsel must attend. Counsel are directed to complete the attached Proposed 26(f) Scheduling Order and electronically file same with the Court no later than December 29, 2022. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge James M. Wicks on 12/2/2022. (Attachments: #1 Proposed Rule 26(f) Scheduling Order, #2 JMW Individual Rules) (DF)
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ORDER granting #8 Motion for Extension of Time to Answer. Defendant Cox Automotive Inc.'s response to the complaint shall be filed on or before 12/16/2022. So Ordered by Magistrate Judge James M. Wicks on 11/30/2022. (Wicks, James)
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| Filing 9 NOTICE of Appearance by Marlie P. Blaise on behalf of Cox Automotive Inc. (aty to be noticed) (Blaise, Marlie) |
| Filing 8 Letter MOTION for Extension of Time to File Answer move or otherwise respond to Complaint by Cox Automotive Inc.. (Dobson, Kimberly) |
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ORDER granting #7 . The Motion for Extension of Time to File Answer move against or otherwise respond to Complaint by Defendant Cox Automotive Inc. is granted. Defendant Cox Automotive Inc.'s answer is due 12/2/2022. So Ordered by Magistrate Judge James M. Wicks on 11/3/2022. (MSH)
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| Filing 7 MOTION for Extension of Time to File Answer move against or otherwise respond to Complaint by Cox Automotive Inc.. (Dobson, Kimberly) |
| Filing 6 NOTICE of Appearance by Kimberly Natalie Dobson on behalf of Cox Automotive Inc. (aty to be noticed) (Dobson, Kimberly) |
| Filing 5 Summons Issued as to All Defendants. (Jakubowski, Laura) |
| 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. (Jakubowski, Laura) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Additional attachment(s) added on 8/10/2022: #1 Additional Corrections) (Jakubowski, Laura). |
| Filing 2 Proposed Summons. Re #1 Complaint, by Melissa Holloway (Attachments: #1 Proposed Summons for Sean Aryai) (Brown, William) |
| Filing 1 COMPLAINT against Sean Aryai, Cox Automotive Inc. filing fee $ 402, receipt number ANYEDC-15830085 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Melissa Holloway. (Attachments: #1 Civil Cover Sheet) (Brown, William) Modified on 8/10/2022 (Jakubowski, Laura). |
| 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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