Herbowy-Hubalek v. Lithia of Yorkville - 3, LLC et al
| Karen Herbowy-Hubalek |
| Lithia of Yorkville - 3, LLC, Lithia Motors Support Services, Inc. and Lithia Motors, Inc. |
| 6:2021cv00043 |
| January 14, 2021 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Thomas J McAvoy |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 2000 e Job Discrimination (Employment) |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 28, 2024. A more recent docket listing may be available from PACER.
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Filing 10
REPLY to Response to Motion re #5 MOTION to Dismiss for Failure to State a Claim filed by Lithia Motors Support Services, Inc., Lithia Motors, Inc., Lithia of Yorkville - 3, LLC. Motion returnable before Judge Andrew T. Baxter filed by Lithia Motors Support Services, Inc., Lithia Motors, Inc., Lithia of Yorkville - 3, LLC. (Ryan, Claudia)
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Filing 9
RESPONSE in Opposition re #5 MOTION to Dismiss for Failure to State a Claim filed by Lithia Motors Support Services, Inc., Lithia Motors, Inc., Lithia of Yorkville - 3, LLC. Motion returnable before Judge Andrew T. Baxter filed by Karen Herbowy-Hubalek. (Attachments: #1 Memorandum of Law Memo of Law in Opposition)(Gabriel, Katherine)
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Filing 8
TEXT ORDER Removing Case from ADR Program. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 4/15/2021. (kmc)
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Filing 7
UNIFORM PRETRIAL SCHEDULING ORDER: Deadline for the joinder of parties and the amendment of pleadings is 5/31/2021. Discovery cutoff is 2/14/2022 (plaintiff's expert disclosures due by 11/16/2021; defendants' expert disclosures due by 12/31/2021; and any rebuttal disclosures are due by 1/17/2022). Dispositive motions are to be filed by 4/1/2022. Anticipated length of trial: 10 days. Preferred Trial Location: Albany, NY. Signed by U.S. Magistrate Judge Andrew T. Baxter on 4/15/2021. (kmc)
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TEXT NOTICE of Hearing: A telephonic Status Conference set for 6/29/2021 at 1:30 PM before U.S. Magistrate Judge Andrew T. Baxter. The parties are directed to dial 1-877-873-8017 and enter access code 3362194 to connect to the conference. (kmc)
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TEXT Minute Entry: For telephonic Rule 16 conference held on 4/14/2021 before U.S. Magistrate Judge Andrew T. Baxter: Mandatory disclosures have been exchanged, although plaintiff has not provided copies of documents disclosed. The Court had a lengthy discussion with counsel regarding defense concerns about the broad scope of plaintiff's initial written demands. The court provided preliminary guidance on that issue and directed the parties to meet and confer. The court also discussed how the parties might limit discovery while the partial Motion to Dismiss plaintiff's disability claims is pending. The court discussed the Mandatory Mediation Program with counsel and opted the parties out of the program pending reconsideration at the next status conference. Pretrial deadlines were established. A scheduling order will be issued on behalf of District Judge Thomas J. McAvoy. Counsel may submit a proposed protective order for the court's consideration. A follow-up telephonic conference is set for June 29 at 1:30 PM, but the parties should advise the court if intervention regarding discovery disputes will be requested before then. Appearances: Katherine Gabriel, Esq. for plaintiff; and Claudia A. Ryan, Esq. for defendant(s). Time: 11:05 AM 11:32 AM. (kmc)
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Filing 6
CIVIL CASE MANAGEMENT PLAN by Karen Herbowy-Hubalek. (Gabriel, Katherine)
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Filing 5
MOTION to Dismiss for Failure to State a Claim filed by Lithia Motors Support Services, Inc., Lithia Motors, Inc., Lithia of Yorkville - 3, LLC. Motion returnable before Judge Andrew T. Baxter Response to Motion due by 4/20/2021. Reply to Response to Motion due by 4/27/2021 (Attachments: #1 Memorandum of Law) (Ryan, Claudia)
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Filing 4
WAIVER OF SERVICE Returned Executed by Karen Herbowy-Hubalek. Lithia Motors Support Services, Inc. waiver sent on 2/8/2021, answer due 4/9/2021; Lithia Motors, Inc. waiver sent on 2/8/2021, answer due 4/9/2021; Lithia of Yorkville - 3, LLC waiver sent on 2/8/2021, answer due 4/9/2021. (Gabriel, Katherine)
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Filing 3
Summons Issued as to Lithia of Yorkville - 3, LLC; Lithia Motors Support Services, Inc.; Lithia Motors, Inc. (Attachments: #1 Summons Issued for Lithia Motors, Inc., #2 Summons Issued for Lithia Motors Support Services, Inc.)(map)
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Filing 2
G.O. 25 FILING ORDER ISSUED:Initial Rule 16 Conference by Telephone set for 4/14/2021 at 11:00 AM before US Magistrate Judge Andrew T. Baxter. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 4/7/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (map)
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Filing 1
COMPLAINT WITH JURY DEMAND against Lithia Motors Support Services, Inc., Lithia Motors, Inc., Lithia of Yorkville - 3, LLC (Filing fee $402 receipt number ANYNDC-5382086) filed by Karen Herbowy-Hubalek. (Attachments: #1 Civil Cover Sheet)(map)
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