Moltner v. Starbucks Coffee Company
| Rachel Moltner |
| Starbucks Coffee Company |
| 1:2008cv09257 |
| October 29, 2008 |
| U.S. District Court for the Southern District of New York |
| P.I.: Other Office |
| New York |
| Andrew J. Peck |
| Loretta A. Preska |
| None |
| Diversity |
| 28:1332 Diversity: Notice of Removal |
Docket Report
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This docket was last retrieved on November 3, 2010. A more recent docket listing may be available from PACER.
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Filing 75
ENDORSED LETTER addressed to Judge Loretta A. Preska from Bradley A. Sacks dated 2/5/2010 re: Plaintiff believes that the attached letter as well as the response by the defendant dated May 22,2009 should be part of the Appeal Appendix, but the defendant's attorneys object to the inclusion of either letter on the grounds that they have not been docketed by the Court. Accordingly, please accept this letter as an application requesting that the Court docket the letter from plaintiff's counsel dated May 21,2009, as well as the defendant's response gated May 22,2009.ENDORSEMENT: The letters attached may be included in the appendix. SO ORDERED. (Signed by Judge Loretta A. Preska on 2/8/2010) (tve) Modified on 2/8/2010 (tve).
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| Filing 74 First Supplemental ROA Sent to USCA (Index). Notice that the Supplemental Index to the record on Appeal for 73 Amended Notice of Appeal filed by Rachel Moltner, 71 Notice of Appeal filed by Rachel Moltner USCA Case Number 09-4943- cv, 3 Copies of the index, Certified Supplemental Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (nd) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 43 Notice of Appearance filed by Rachel Moltner, 39 Brief filed by Starbucks Coffee Company, 15 Reply Memorandum of Law in Support of Motion filed by Rachel Moltner, 65 Clerk's Judgment, 23 Brief filed by Starbucks Coffee Company, 33 Brief filed by Starbucks Coffee Company, 7 Declaration in Support of Motion,, filed by Rachel Moltner, 29 Endorsed Letter, 59 Affidavit of Service Other, filed by Rachel Moltner, 55 Declaration in Support of Motion,, filed by Starbucks Coffee Company, 68 Declaration in Support of Motion filed by Rachel Moltner, 61 Reply Memorandum of Law in Support of Motion filed by Starbucks Coffee Company, 3 Certificate of Service Other, filed by Starbucks Coffee Company, 53 Memorandum of Law in Support of Motion filed by Starbucks Coffee Company, 30 Opposition Brief,, filed by Rachel Moltner, 17 Endorsed Letter,, 5 Jury Demand filed by Rachel Moltner, 46 Order on Motion to Remand to State Court, 47 Endorsed Letter, Set Deadlines/Hearings,,,, 6 MOTION to Remand to State Court. filed by Rachel Moltner, 36 Brief, filed by Starbucks Coffee Company, 4 Notice of Appearance filed by Rachel Moltner, 66 FIRST MOTION for Reargument re: 65 Clerk's Judgment, 64 Order on Motion for Summary Judgment,. filed by Rachel Moltner, 73 Amended Notice of Appeal filed by Rachel Moltner, 38 Brief filed by Starbucks Coffee Company, 64 Order on Motion for Summary Judgment, 34 Certificate of Service Other, filed by Starbucks Coffee Company, 27 Endorsed Letter, Set Deadlines/Hearings,,,, 35 Brief filed by Starbucks Coffee Company, 19 Endorsed Letter,,, 18 Protective Order,,, 41 Brief filed by Starbucks Coffee Company, 63 Reply Memorandum of Law in Oppisition to Motion filed by Rachel Moltner, 8 Memorandum of Law in Support of Motion filed by Rachel Moltner, 26 Endorsed Letter, Set Deadlines/Hearings,,,, 9 Order Referring Case to Magistrate Judge, 56 Endorsed Letter, 49 MOTION for Summary Judgment. filed by Starbucks Coffee Company, 69 Memorandum of Law in Support of Motion filed by Rachel Moltner, 57 Endorsed Letter, Set Deadlines/Hearings,, 42 Certificate of Service Other, filed by Starbucks Coffee Company, 28 Order, 40 Brief filed by Starbucks Coffee Company, 37 Brief filed by Starbucks Coffee Company, 20 Brief filed by Starbucks Coffee Company, 11 Scheduling Order, 44 Order,, 1 Notice of Removal filed by Starbucks Coffee Company, 31 Certificate of Service Other filed by Rachel Moltner, 21 Brief filed by Starbucks Coffee Company, 10 Order, Set Hearings,, 2 Rule 7.1 Corporate Disclosure Statement filed by Starbucks Coffee Company, 22 Brief filed by Starbucks Coffee Company, 70 Memorandum of Law in Opposition to Motion filed by Starbucks Coffee Company, 16 Endorsed Letter, Set Deadlines,, 25 Endorsed Letter, Set Deadlines/Hearings,,,,,, 54 Rule 56.1 Statement filed by Starbucks Coffee Company, 71 Notice of Appeal filed by Rachel Moltner, 62 Order, 72 Memo Endorsement, 32 Endorsed Letter, Set Hearings, Set Motion and R&R Deadlines/Hearings,,,,,, 13 Memorandum of Law in Opposition to Motion filed by Starbucks Coffee Company, 24 Certificate of Service Other, filed by Starbucks Coffee Company USCA Case Number 09-4943- cv, were transmitted to the U.S. Court of Appeals. (nd) |
| USCA Case Number 09-4943- cv from the US Court of Appeals, Second Circuit assigned to 71 Notice of Appeal filed by Rachel Moltner, 73 Amended Notice of Appeal filed by Rachel Moltner. (nd) |
| Filing 73 AMENDED NOTICE OF APPEAL re: 71 Notice of Appeal, 65 Clerk's Judgment, 64 Order on Motion for Summary Judgment, 72 Memo Endorsement. Document filed by Rachel Moltner. (nd) |
| Transmission of Amended Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 73 Amended Notice of Appeal. (nd) |
| Transmission of Notice of Appeal to the District Judge re: 73 Amended Notice of Appeal. (nd) |
| Filing 72 MEMO ENDORSED ON NOTICE OF MOTION: ENDORSEMENT: The motion to reconsider is denied. The motion to amend is denied on the ground of futility and untimeliness. So Ordered. (Signed by Judge Loretta A. Preska on 12/4/09) (js) |
| Transmission of Notice of Appeal to the District Judge re: 71 Notice of Appeal. (nd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 71 Notice of Appeal. (nd) |
| Filing 71 NOTICE OF APPEAL from 65 Clerk's Judgment, 64 Memorandum and Order. Document filed by Rachel Moltner. Filing fee $ 455.00, receipt number E 707096. (nd) |
| Filing 70 MEMORANDUM OF LAW in Opposition re: 66 FIRST MOTION for Reargument re: 65 Clerk's Judgment, 64 Order on Motion for Summary Judgment,.. Document filed by Starbucks Coffee Company. (Tompkins, George) |
| Filing 69 MEMORANDUM OF LAW in Support re: 66 FIRST MOTION for Reargument re: 65 Clerk's Judgment, 64 Order on Motion for Summary Judgment,.. Document filed by Rachel Moltner. (Sacks, Bradley) |
| Filing 68 DECLARATION of Bradley A. Sacks in Support re: 66 FIRST MOTION for Reargument re: 65 Clerk's Judgment, 64 Order on Motion for Summary Judgment,.. Document filed by Rachel Moltner. (Attachments: # 1 Exhibit A)(Sacks, Bradley) |
| Filing 67 FILING ERROR - DEFICIENT DOCKET ENTRY (See document #68) - DECLARATION of Bradley A. Sacks in Support re: 66 FIRST MOTION for Reargument re: 65 Clerk's Judgment, 64 Order on Motion for Summary Judgment,.. Document filed by Rachel Moltner. (Sacks, Bradley) Modified on 11/6/2009 (jar). |
| Filing 66 FIRST MOTION for Reargument re: 65 Clerk's Judgment, 64 Order on Motion for Summary Judgment,. Document filed by Rachel Moltner.(Sacks, Bradley) |
| Filing 65 CLERK'S JUDGMENT in favor of Starbucks Coffee Company against Rachel Moltner that deft's motion for summary judgment is granted, any pending motions are moot and the case is closed. (Signed by J. Michael McMahon, Clerk on 10/23/09) (jf) |
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Filing 64
ORDER granting 49 Motion for Summary Judgment. For the reasons set forth in this Order, Starbucks' motion for summary judgment [dkt. no. 49] is GRANTED, and Plaintiff's complaint is dismissed in its entirety. The Clerk of Court shall mark this action CLOSED and all pending motions DENIED as moot. (Signed by Judge Loretta A. Preska on 10/23/09) (tro)
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| Transmission to Judgments and Orders Clerk. Transmitted re: 64 Order on Motion for Summary Judgment, to the Judgments and Orders Clerk. (tro) |
| Filing 63 REPLY MEMORANDUM OF LAW in Opposition re: 49 MOTION for Summary Judgment.. Document filed by Rachel Moltner. (Attachments: # 1 Appendix 1, # 2 Appendix 2)(Sacks, Bradley) |
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Filing 62
ORDER: The Court construes Plaintiff's letter dated May 21, 2009 as a request to file a sur-reply. Plaintiff's request is GRANTED. Plaintiff shall file a memorandum of law no longer than five double-spaced pages by Friday, October 16, 2009. SO ORDERED. (Signed by Judge Loretta A. Preska on 10/13/2009) (tve)
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| Filing 61 REPLY MEMORANDUM OF LAW in Support re: 49 MOTION for Summary Judgment.. Document filed by Starbucks Coffee Company. (Tompkins, George) |
| Filing 59 AFFIDAVIT OF SERVICE of PLAINTIFFS MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS SUMMARY JUDGMENT, PLAINTIFFS RESPONSE TO DEFENDANTS LOCAL RULE 56.1 STATEMENTS AND PLAINTIFFS PROPOSED LOCAL RULE 56.1 STATEMENT AND DECLARATION CONVEYING EXHIBITS AND EXHIBITS 1-28 served on Starbucks Coffee Company on 04/20/2009. Service was accepted by Receptionist - Title. Document filed by Rachel Moltner. (Sacks, Bradley) |
| Filing 60 SEALED DOCUMENT placed in vault.(rt) |
| Filing 57 ENDORSED LETTER: addressed to Judge Loretta A. Preska from Bradley A. Sacks dated 4/14/09 re: Counsel for plaintiff requests that the time to submit opposition be extended from April 15, 2009 to Monday, April 20, 2009. Defendant's time for reply would therefore also be extended from May 15, 2009 to May 20, 2009. ENDORSEMENT: So Ordered. ( Replies due by 5/20/2009. Responses due by 4/15/2009) (Signed by Judge Loretta A. Preska on 4/14/09) (js) |
| Filing 58 TRANSCRIPT of proceedings held on 3/12/09 before Magistrate Judge Andrew J. Peck. (tro) |
| Filing 56 ENDORSED LETTER addressed to Judge Loretta A. Preska from Bradley A. Sacks dated 3/24/09 re: Counsel for the plaintiff Rachel Moltner writes this letter seeking the Court's guidance. ENDORSEMENT: If Plaintiff's counsel wishes defendant's motion to be unopposed, he need not file a response. If Plaintiff's counsel wishes to oppose the motion, then he should do so in the proper manner. (Signed by Judge Loretta A. Preska on 3/24/09) (tro) |
| Filing 55 DECLARATION of George N. Tompkins, III in Support re: 49 MOTION for Summary Judgment.. Document filed by Starbucks Coffee Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C - Part 1, # 4 Exhibit C - Part 2, # 5 Exhibit D - Part 1, # 6 Exhibit D - Part 2, # 7 Exhibit D - Part 3, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G - Part 1, # 11 Exhibit G - Part 2, # 12 Exhibit G - Part 3, # 13 Exhibit H, # 14 Exhibit I, # 15 Exhibit J - Part 1, # 16 Exhibit J - Part 2, # 17 Exhibit K, # 18 Exhibit L, # 19 Exhibit M, # 20 Exhibit N, # 21 Exhibit O, # 22 Exhibit P)(Tompkins, George) |
| Filing 54 RULE 56.1 STATEMENT. Document filed by Starbucks Coffee Company. (Tompkins, George) |
| Filing 53 MEMORANDUM OF LAW in Support re: 49 MOTION for Summary Judgment.. Document filed by Starbucks Coffee Company. (Tompkins, George) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney George Tompkins to RE-FILE Document 50 MOTION for Summary Judgment Memorandum of Law. Use the event type Memorandum of Law in Support found under the event list Replies, Oppositions, Supporting Documents. (jar) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney George Tompkins to RE-FILE Document 51 MOTION for Summary Judgment Local Rule 56.1 Statement. Use the event type Rule 56.1 Statement found under the event list Other Answers. (jar) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney George Tompkins to RE-FILE Document 52 MOTION for Summary Judgment Declaration of George N. Tompkins, III (With Exhibits). Use the event type Declaration in Support found under the event list Replies, Oppositions, Supporting Documents. (jar) |
| Filing 52 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (Declaration in Support) - MOTION for Summary Judgment Declaration of George N. Tompkins, III (With Exhibits). Document filed by Starbucks Coffee Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C - Part 1, # 4 Exhibit C - Part 2, # 5 Exhibit D - Part 1, # 6 Exhibit D - Part 2, # 7 Exhibit D - Part 3, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G - Part 1, # 11 Exhibit G - Part 2, # 12 Exhibit G - Part 3, # 13 Exhibit H, # 14 Exhibit I, # 15 Exhibit J - Part 1, # 16 Exhibit J, # 17 Exhibit K, # 18 Exhibit L, # 19 Exhibit M, # 20 Exhibit N, # 21 Exhibit O, # 22 Exhibit P)(Tompkins, George) Modified on 3/16/2009 (jar). |
| Filing 51 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (Rule 56.1 Statement) - MOTION for Summary Judgment Local Rule 56.1 Statement. Document filed by Starbucks Coffee Company.(Tompkins, George) Modified on 3/16/2009 (jar). |
| Filing 50 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (Memorandum of Law) - MOTION for Summary Judgment Memorandum of Law. Document filed by Starbucks Coffee Company.(Tompkins, George) Modified on 3/16/2009 (jar). |
| Filing 49 MOTION for Summary Judgment. Document filed by Starbucks Coffee Company.(Tompkins, George) |
| Minute Entry for proceedings held before Magistrate Judge Andrew J. Peck: Discovery Hearing held on 3/12/2009. Starbucks expert Dr. Wojicik is precluded-no expertise for her conclusions, nor is it rebuttal to plaintiff's experts. Also, 2 sentences (re tests) from Cox's expert report precluded. See transcript for rulings. (mro) |
| CASE NO LONGER REFERRED to Magistrate Judge Andrew J. Peck. I have closed the above reference for magistrate judge statistical purposes. Reason: Discovery Closed (SJ Motion due 3/13/09). (mro) |
| Filing 47 ENDORSED LETTER addressed to Judge Loretta A. Preska from George N. Tompkins, III dated 3/4/2009 re: The parties have conferred and write to inform the Court of a proposed briefing schedule, subject to the Court's approval, as to Defendant's Motion for Summary Judgment as follows: 1. Defendant to serve and file its summary judgment motion on or before March 13, 2009, as directed by Magistrate Judge Peck; 2. Plaintiff to serve and file her opposition on or before April 15, 2009; and 3. Defendant to serve and file its reply, if any, on or before May 15, 2009. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 2/5/2009) (jfe) |
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Filing 46
ORDER denying 6 Motion to Remand to State Court. For the reasons set forth herein, Plaintiff's Motion [dkt. no. 6] is DENIED. (Signed by Judge Loretta A. Preska on 2/26/2009) (tve)
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Filing 44
ORDER that as ordered in open court this morning, Defendant may file a motion for summary judgment on the date determined by Magistrate Judge Peck. Counsel shall confer and inform the Court by letter of the remainder of the proposed briefing schedule. In addition, in order to have the opportunity to respond to plaintiff's expert report defendant may file a rebuttal expert report by its designated expert no later than 3/6/09, that is, one week after their receipt of plaintiff's expert report. (Signed by Judge Loretta A. Preska on 2/24/09) (dle)
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| Filing 43 NOTICE OF APPEARANCE by Bradley A. Sacks on behalf of Rachel Moltner (Sacks, Bradley) |
| Filing 42 CERTIFICATE OF SERVICE of Objections of Defendant Starbucks Corporation d/b/a Starbucks Coffee Company to Magistrate Judge Andrew J. Peck's Discovery Orders of February 3, 2009 and February 5, 2009 and Declaration of George N. Tompkins, III with Exhibits served on Jaroslawicz & Jaros LLC on February 19, 2009. Document filed by Starbucks Coffee Company. (Tompkins, George) |
| Filing 41 BRIEF re: 37 Brief Declaration of George N. Tompkins, III with Exhs. H-I. Document filed by Starbucks Coffee Company.(Tompkins, George) |
| Filing 40 BRIEF re: 37 Brief Declaration of George N. Tompkins, III with Exhs. F-G. Document filed by Starbucks Coffee Company.(Tompkins, George) |
| Filing 39 BRIEF re: 37 Brief Declaration of George N. Tompkins, III with Exhs. D, Part 2 through Exh. E. Document filed by Starbucks Coffee Company.(Tompkins, George) |
| Filing 38 BRIEF re: 37 Brief Declaration of George N. Tompkins, III with Exh. D, Part 1. Document filed by Starbucks Coffee Company.(Tompkins, George) |
| Filing 37 BRIEF re: 36 Brief, Declaration of George N. Tompkins, III with Exhibits A-C. Document filed by Starbucks Coffee Company.(Tompkins, George) |
| Filing 36 BRIEF Objections of Defendant Starbucks Corporation d/b/a Starbucks Coffee Company to Magistrate Judge Andrew J. Peck's Discovery Orders of February 3, 2009 and February 5, 2009. Document filed by Starbucks Coffee Company.(Tompkins, George) |
| Filing 35 BRIEF re: 21 Brief Reply Declaration of George N. Tompkins, III. Document filed by Starbucks Coffee Company.(Tompkins, George) |
| Filing 34 CERTIFICATE OF SERVICE of Reply of Defendant Starbucks Corporation Re Objections to Magistrate Judge Andrew J. Peck's Discovery Ruling of January 27, 2009 and Reply Declaration of George N. Tompkins, III served on Jaroslawicz & Jaros LLC on February 19, 2009. Document filed by Starbucks Coffee Company. (Tompkins, George) |
| Filing 33 BRIEF re: 20 Brief Starbucks Reply re Objections to Magistrate Judge Peck's January 27, 2009 Discovery Ruling. Document filed by Starbucks Coffee Company.(Tompkins, George) |
| Filing 32 ENDORSED LETTER addressed to Judge Loretta A. Preska from George N. Tompkins, III dated 2/10/09 re: Counsel requests the Courts approval of the following: Plaintiff to serve by facsimile or by hand delivery its response to Starbucks Objections on February 12, 2009; and Starbucks to serve by facsimile or by hand delivery its reply papers, if any, on February 19, 2009. ENDORSEMENT: Counsel shall appear in courtroom 12A for oral argument on February 24, 2009 at 10:00 a.m. So ordered. (Signed by Judge Loretta A. Preska on 2/10/09) (mme) |
| Filing 31 CERTIFICATE OF SERVICE of Plaintiff's Brief in Opposition, Declaratiion of Exhibits and Exhibits served on Starbucks Coffee Company on 2/12/2009. Service was made by E-Mail and fax. Document filed by Rachel Moltner. (Sacks, Bradley) |
| Filing 30 FIRST OPPOSITION BRIEF re: 20 Brief of Plaintiff. Document filed by Rachel Moltner. (Attachments: # 1 Affidavit Declaration of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22 Exhibit U)(Sacks, Bradley) |
| Filing 29 ENDORSED LETTER addressed to Judge Loretta A. Preska from George N. Tompkins, III dated 2/9/09 re: Counsel requests a one day extension to February 10, 2009 in order for counsel to submit the letter to the Court. ENDORSEMENT: So ordered. (Signed by Judge Loretta A. Preska on 2/9/09) (mme) |
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Filing 28
ORDER: In light of defendant's objection to Magistrate Judge Peck's discovery ruling of January 27, 2009, filed February 3,2009, that order is stayed pending resolution of that objections. Counsel shall confer and inform the Court by letter no later than February 9 of a very prompt proposed briefing schedule on the objections. SO ORDERED. (Signed by Judge Loretta A. Preska on 2/6/2009) (tve) Modified on 3/19/2009 (tve).
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| Filing 45 TRANSCRIPT of proceedings held on 1/27/09 before Magistrate Judge Andrew J. Peck. (ama) |
| Filing 27 ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from George N. Tompkins III dated 2/5/09. re: Accordingly, I have advised George Tompkins III, counsel for Starbucks, that I am not able to travel to New York until February 17, 2009, and will be available for my deposition on February 18, 2009. ENDORSEMENT: The Court finds the vagueness of this affidavit striking. Nor does it say why he can't be deposed on weekends. The 2/18 depo date is now a Court Order. And Starbucks obviously has lost the opportunity for a rebuttal expert report. So Ordered., ( Deposition due by 2/18/2009.) (Signed by Magistrate Judge Andrew J. Peck on 2/5/09) (js) Copies Faxed By Chambers |
| Filing 26 ENDORSED LETTER: addressed to Magistrate Judge Andrew J. Peck from George N. Tompkins III dated 2/4/09. re: Counsel for defendant realizes that I was not given an opportunity to respond to plaintiffs facsimile letter before Your Honor issued his directive, however, I wanted to set the record straight as it is clear that plaintiffs counsel is intent on distorting same. ENDORSEMENT: If Ms. Chang knows nothing about the 2000 documents produced after her deposition the additional inquiry on that will be brief. If the examplar cup and lid was produced at Ms. Chang's prior depo, it cannot be inquired about now. So Ordered. (Signed by Magistrate Judge Andrew J. Peck on 2/5/09) (js) Copies Faxed By Chambers |
| Filing 25 ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from David Jaroslawicz dated 2/4/09 re: Counsel for Plaintiff could not conduct a complete deposition of Ms. Chang. Mr. Tompkins has now agreed to produce Ms. Chang on 2/5/09 at 12 Noon, insisting it be at his office, to which counsel will reluctantly agree, but he wishes to limit the questioning to the call record. Counsel believes they are entitled to question Ms. Chang about the materials not previously available when her initial deposition was taken. Counsel requests a ruling from the Court on this matter as promptly as possible. ENDORSEMENT: Ms. Chang's continued deposition may cover any new material produced by Starbucks since her original deposition. (Signed by Magistrate Judge Andrew J. Peck on 2/4/09) Copies Faxed By Chambers.(tro) |
| Filing 24 CERTIFICATE OF SERVICE of Objections of Defendant Starbucks Corporation d/b/a Starbucks Coffee Company to Magistrate Judge Andrew J. Peck's Discovery Ruling of January 27, 2009 and Declaration of George N. Tompkins, III served on Jaroslawicz & Jaros on February 3, 2009. Document filed by Starbucks Coffee Company. (Tompkins, George) |
| Filing 23 BRIEF re: 21 Brief Declaration with Exhs J-L of George N. Tompkins, III in Support of Objections to Magistrate Andrew J. Peck's Discovery Ruling of January 27, 2009. Document filed by Starbucks Coffee Company.(Tompkins, George) |
| Filing 22 BRIEF re: 21 Brief Declaration with Exh I of George N. Tompkins, III in Support of Objections to Magistrate Judge Andrew J. Peck's Discovery Ruling of January 27, 2009. Document filed by Starbucks Coffee Company.(Tompkins, George) |
| Filing 21 BRIEF re: 20 Brief Declaration with Exhs A-H of George N. Tompkins, III in Support of Objections to Magistrate Judge Andrew J. Peck's Discovery Ruling of January 27, 2009. Document filed by Starbucks Coffee Company.(Tompkins, George) |
| Filing 20 BRIEF Objections of Defendant Starbucks Corporation d/b/a Starbucks Coffee Company to Magistrate Judge Andrew J. Peck's Discovery Ruling of January 27, 2009. Document filed by Starbucks Coffee Company.(Tompkins, George) |
| Filing 19 ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from David Jaroslawicz dated 2/3/09 re: Counsel for plaintiff write to notify the Court that they received purported expert witness information from defense counsel with respect to one Anand R. Shah, P.E. a copy of which is attached. Counsel requests that the Court issue an order precluding Mr. Shah from testifying at trial, for failing to provide appropriate Rule 26 information by 2/2/09 as directed by the Court. ENDORSEMENT: The Court precludes Mr. Shah for defense counsel's failure to comply with Fed. R. Civ. P. 26(b)(2)(B)(i)-(iii). Considering that the issue of expert disclosures was discussed at the last conference, the Court reminds counsel of Rule 26(g), but will hold the issue of sanctions under that Rule in abeyance at this time. (Signed by Magistrate Judge Andrew J. Peck on 2/3/09) Copies Faxed by Chambers.(tro) |
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Filing 18
STIPULATION AND PROTECTIVE ORDER REGARDING DISCLOSURE OF CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material....ENDORSEMENT: [Insert to paragraph 1]:...-as that term is used in Rule 26 and the case law thereunder-; [Insert to paragraph 2, line 1]:...from defendant...; [Insert to paragraph 2, line 3]:...or trial...; [Insert to paragraph 4, line 2]:...depo reporters, the Court and Court personnel...; [New paragraph 7A]: 7A. Any confidential docs. included in any filing shall be publicly filed. [New paragraph 7B]: 7B. The trial judge shall determine what protection, if any, to give Confidential material at trial. (Signed by Magistrate Judge Andrew J. Peck on 1/30/09) Copies Faxed By Chambers.(tro)
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| Filing 17 ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from George N. Tompkins, III dated 1/29/09 re: defendants write to advise Your Honor of the status of the deposition of Norm Oullette, VP, Global QA for Starbucks. ENDORSEMENT: Request denied. The Court wants an affidavit from Mr. Oullette as to his schedule in early Feb. to show why he cannot be deposed before 2/18. This case trumps any non-emergency business meetings or personal vacation time. (Signed by Magistrate Judge Andrew J. Peck on 1/30/09) (pl) Modified on 2/2/2009 (pl). |
| Minute Entry for proceedings held before Magistrate Judge Andrew J. Peck: Status Conference held on 1/27/2009. See transcript for discovery rulings. Plaintiff in hospital, missed IME. IME and def. medical expert report due when she's out of hospital (won't effect SJ Motion). Plaintiff liability expert report due 2 weeks after Oulett depo or 1/27, whichever comes first. Def. liability expert report remains due 2/2. Parties to contact if disputes. (mro) |
| Filing 48 TRANSCRIPT of proceedings held on 1/07/09 before Magistrate Judge Andrew J. Peck. (ama) |
| Filing 16 ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from David Jarodawicz dated 1/12/09 re: Counsel requests that the Court extend the date for the end of fact discovery for thirty days. ENDORSEMENT: The deadline for all discovery, fact & expert, will be 2/27/09. (Signed by Magistrate Judge Andrew J. Peck on 1/12/09) (mme) |
| Minute Entry for proceedings held before Magistrate Judge Andrew J. Peck: Status Conference held on 1/7/200. Discovery disputes resolved. In general, Starbucks to produce documents about "hot liquid" accidents at Starbucks nationwide. See transcript for specific rulings. Next status conference scheduled to be held before Judge Peck on 1/27 at 9:30AM. (mro) |
| Filing 15 REPLY MEMORANDUM OF LAW in Support re: 6 MOTION to Remand to State Court.. Document filed by Rachel Moltner. (Tolchin, David) |
| Filing 14 TRANSCRIPT of proceedings held on 11/21/08 before Magistrate Judge Andrew J. Peck. (ama) |
| Filing 13 MEMORANDUM OF LAW in Opposition re: 6 MOTION to Remand to State Court.. Document filed by Starbucks Coffee Company. (Tompkins, George) |
| Filing 12 Minute Entry for proceedings held before Magistrate Judge Andrew J. Peck: Status /IPTC Conference held on 11/21/2008. Fact cutoff 1/30, expert cutoff 2/27 (reports 2/2), SJ notice 3/3/, SJ motion or PTO 3/13. Status conf. to be held before Judge Peck on 1/7 at 9:30 a.m.. (djc) |
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Filing 11
RULE 16 INITIAL PRETRIAL SCHEDULING ORDER: Motions due by 3/13/2009. Discovery due by 2/27/2009. Status Conference set for 1/7/2009 at 09:30 AM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Andrew J. Peck. Proposed Pretrial Order due by 3/13/2009. (Signed by Magistrate Judge Andrew J. Peck on 11/21/08) Copies by fax and ECF.(js)
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Filing 10
ORDER SCHEDULING STATUS CONFERENCE: Status Conference set for 11/21/2008 at 10:00 AM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Andrew J. Peck. (Signed by Magistrate Judge Andrew J. Peck on 11/19/2008) Copies Sent By Chambers.(tve) Modified on 11/24/2008 (tve).
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Filing 9
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Andrew J. Peck. (Signed by Judge Loretta A. Preska on 11/17/2008) (jpo)
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| Filing 8 MEMORANDUM OF LAW in Support re: 6 MOTION to Remand to State Court.. Document filed by Rachel Moltner. (Tolchin, Robert) |
| Filing 7 DECLARATION of David Tolchin in Support re: 6 MOTION to Remand to State Court.. Document filed by Rachel Moltner. (Attachments: # 1 Exhibit Exhibit A: Summons & Complaint, # 2 Exhibit Exhibit B Affidavits of Service, # 3 Exhibit Exhibit B Starbuck's Answer, # 4 Exhibit Exhibit D Demand for Relief, # 5 Exhibit Exhibit E First Bill of Particulars, # 6 Exhibit Exhibit F Second Bill of Particulars, # 7 Exhibit Exhibit G Response to Demands, # 8 Exhibit Exhibit H Notice of Removal)(Tolchin, Robert) |
| Filing 6 MOTION to Remand to State Court. Document filed by Rachel Moltner.(Tolchin, Robert) |
| Filing 5 DEMAND for Trial by Jury. Document filed by Rachel Moltner(Jaroslawicz, David) |
| Filing 4 NOTICE OF APPEARANCE by David Jaroslawicz on behalf of Rachel Moltner (Jaroslawicz, David) |
| Filing 3 CERTIFICATE OF SERVICE of Notice of Removal, Electronic Case Filing Rules & Instructions, Individual Practices of Judge Loretta A. Preska and Individual Practices of Magistrate Judge Andrew J. Peck served on Jaroslawicz & Jaros, LLC on October 29, 2008. Document filed by Starbucks Coffee Company. (Tompkins, George) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Starbucks Coffee Company.(ama) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 110466-08. (Filing Fee $ 350.00, Receipt Number 667454).Document filed by Starbucks Coffee Company.(ama) |
| Case Designated ECF. (ama) |
| Magistrate Judge Andrew J. Peck is so designated. (ama) |
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| Plaintiff: Rachel Moltner | |
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| Defendant: Starbucks Coffee Company | |
| Represented By: | George Nelson Tompkins, III |
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