Johnston et al v. Apple, Inc. Featured Case

Two African-American patrons of Apple's New York City retail store on Broadway sued the company for racial profiling, alleging that a white store security guard "in his 50's," approximately 6 feet, 2 inches tall and 225 pounds, told them to leave the store:

"You know the deal. You know the deal.

Either you're here to see a Mac Specialist or to purchase something. If you are not doing either you have to leave the store

And before you say I"m racially discriminating against you, let me stop you. I am discriminating against you. I don't want 'your kind' hanging out in the store.

Now You have to go. If you want to know why, it's because I said so. CONSIDER ME GOD. You have to go." (emphasis in the original)
Plaintiffs further allege that all when they complained to store employees and found the manager, he allegedly "asked Defendant's Head of Security to call 911."

All of this allegedly happened right after the plaintiffs — who say they own multiple Apple products — made a new purchase at the store.

Plaintiff: Brian Johnston and Nile Charles
Defendant: Apple, Inc. and Omniscient Investigation Corp.
Case Number: 1:2011cv03321
Filed: May 16, 2011
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of State
Presiding Judge: Jed S. Rakoff
Nature of Suit: Other Civil Rights
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on January 26, 2012. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 27, 2011 Filing 46 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 9/2/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
October 27, 2011 Filing 45 TRANSCRIPT of Proceedings re: Hearing held on 9/2/2011 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/21/2011. Redacted Transcript Deadline set for 12/1/2011. Release of Transcript Restriction set for 1/28/2012.(McGuirk, Kelly)
October 17, 2011 Filing 44 CLERK'S JUDGMENT That for the reasons stated in the Court's Opinion and Order dated October 13, 2011, the Court hereby reaffirms its Order of September 14, 2011 dismissing, with prejudice, claims one and two of the Second Amended Complaint, brought under 42 U.S.C. § 1982 and New York State Executive Law § 296, and dismissing, without prejudice to re-filing in state court, claim three of the complaint, brought under the Administrative Code of the City of New York § 8-107; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 10/17/11) (Attachments: # 1 notice of right to appeal)(ml)
October 14, 2011 Opinion or Order Filing 43 OPINION AND ORDER:#100914 For the reasons in this opinion and order, the Court hereby reaffirms its Order of September 14, 2011 dismissing, with prejudice, claims one and two of the Second Amended Complaint, brought under 42 U.S.C. § 1982 and New York State Executive Law § 296, and dismissing, without prejudice to re-filing in state court, claim three of the complaint, brought under the Administrative Code of the City of New York § 8-107. The Clerk of the Court is directed to enter final judgment and to close the case. (Signed by Judge Jed S. Rakoff on 10/13/11) (rjm) Modified on 10/17/2011 (jab).
October 14, 2011 Transmission to Judgments and Orders Clerk. Transmitted re: 43 Memorandum & Opinion to the Judgments and Orders Clerk. (rjm)
September 28, 2011 Filing 42 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Hearing proceeding held on 9/2/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
September 28, 2011 Filing 41 TRANSCRIPT of Proceedings re: Hearing held on 9/2/2011 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/24/2011. Redacted Transcript Deadline set for 11/3/2011. Release of Transcript Restriction set for 12/30/2011.(McGuirk, Kelly)
September 16, 2011 Opinion or Order Filing 40 ORDER: Pending before the Court is the motion of defendants Apple Inc. and Omniscient Investigation Corporation to dismiss plaintiffs' Second Amended Complaint. After full consideration of the parties' briefs and oral argument and for reasons that will be explained in a forthcoming written opinion, the Court hereby dismisses with prejudice claims one and two of the Complaint, brought under 42 U.S.C. § 1982 and New York State Executive Law § 296. With respect to plaintiffs' third claim, brought under the Administrative Code of the City Of New York § 8-107, the Court has neither diversity jurisdiction under 28U.S.C. § 1332 nor federal question jurisdiction under 28 U.S.C. §1331. The Court declines to exercise supplemental jurisdiction under 28 U.S.C. § 1367, and plaintiffs' third claim will therefore be dismissed without prejudice once final judgment issues. Final judgment, however, will not issue until the Court issues its written opinion referenced above. Meanwhile, all further discovery and proceedings in this case are stayed. (Signed by Judge Jed S. Rakoff on 9/15/2011) (js)
August 26, 2011 Filing 39 REPLY MEMORANDUM OF LAW in Support re: 27 FIRST MOTION to Dismiss Second Amended Complaint Pursuant to Rule 12(B)(6).. Document filed by Omniscient Investigation Corp.. (Metzger, David)
August 26, 2011 Filing 38 REPLY MEMORANDUM OF LAW in Support re: 32 MOTION to Dismiss Defendant Apple Inc.'s Motion to Dismiss the Second Amended Complaint.. Document filed by Apple, Inc.. (Crispi, Thomas)
August 18, 2011 Filing 37 FIRST MEMORANDUM OF LAW in Opposition re: 32 MOTION to Dismiss Defendant Apple Inc.'s Motion to Dismiss the Second Amended Complaint.. Document filed by Nile Charles, Brian Johnston. (Phillips, William)
August 18, 2011 Filing 36 DECLARATION of William K. Phillips in Opposition re: 32 MOTION to Dismiss Defendant Apple Inc.'s Motion to Dismiss the Second Amended Complaint.. Document filed by Nile Charles, Brian Johnston. (Phillips, William)
August 18, 2011 Filing 35 FIRST MEMORANDUM OF LAW in Opposition re: 27 FIRST MOTION to Dismiss Second Amended Complaint Pursuant to Rule 12(B)(6).. Document filed by Nile Charles, Brian Johnston. (Phillips, William)
August 18, 2011 Filing 34 DECLARATION of William K. Phillips in Opposition re: 27 FIRST MOTION to Dismiss Second Amended Complaint Pursuant to Rule 12(B)(6).. Document filed by Nile Charles, Brian Johnston. (Phillips, William)
August 10, 2011 Filing 33 DECLARATION of Thomas M. Crispi in Support re: 32 MOTION to Dismiss Defendant Apple Inc.'s Motion to Dismiss the Second Amended Complaint.. Document filed by Apple, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit C.1, # 5 Exhibit D, # 6 Exhibit E)(Crispi, Thomas)
August 10, 2011 Filing 32 MOTION to Dismiss Defendant Apple Inc.'s Motion to Dismiss the Second Amended Complaint. Document filed by Apple, Inc.. Responses due by 8/19/2011 Return Date set for 9/2/2011 at 04:30 PM.(Crispi, Thomas)
August 10, 2011 Filing 31 MOTION to Dismiss Notice of Motion to Dismiss Plaintiffs' Second Amended Complaint. Document filed by Apple, Inc.. Responses due by 8/19/2011 Return Date set for 9/2/2011 at 04:30 PM.(Crispi, Thomas)
August 10, 2011 Filing 30 DECLARATION of DAVID L. METZGER in Support re: 27 FIRST MOTION to Dismiss Second Amended Complaint Pursuant to Rule 12(B)(6).. Document filed by Omniscient Investigation Corp.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Metzger, David)
August 10, 2011 Filing 29 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #30) - DECLARATION of DAVID L. METZGER in Support re: 27 FIRST MOTION to Dismiss Second Amended Complaint Pursuant to Rule 12(B)(6). Document filed by Omniscient Investigation Corp. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Metzger, David) Modified on 8/10/2011 (ldi).
August 10, 2011 Filing 28 FIRST MEMORANDUM OF LAW in Support re: 27 FIRST MOTION to Dismiss Second Amended Complaint Pursuant to Rule 12(B)(6).. Document filed by Omniscient Investigation Corp.. (Metzger, David)
August 10, 2011 Filing 27 FIRST MOTION to Dismiss Second Amended Complaint Pursuant to Rule 12(B)(6). Document filed by Omniscient Investigation Corp.. Responses due by 8/19/2011 Return Date set for 9/2/2011 at 04:30 PM.(Metzger, David)
August 4, 2011 Filing 26 NOTICE OF CHANGE OF ADDRESS by Jesse Curtis Rose on behalf of Nile Charles, Brian Johnston. New Address: The White Rose Group, LLC, 86-12 37th Ave., 2nd Fl., Jackson Heights, New York, USA 11374, 347-709-2584. (Rose, Jesse)
August 4, 2011 Filing 25 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 6/28/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
August 4, 2011 Filing 24 TRANSCRIPT of Proceedings re: Conference held on 6/28/2011 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/29/2011. Redacted Transcript Deadline set for 9/8/2011. Release of Transcript Restriction set for 11/7/2011.(McGuirk, Kelly)
July 26, 2011 Filing 23 SECOND AMENDED COMPLAINT against Apple, Inc., Omniscient Investigation Corp. with JURY DEMAND. Document filed by Brian Johnston, Nile Charles. (ft) (ama).
July 5, 2011 Filing 22 NOTICE OF APPEARANCE by Jesse Curtis Rose on behalf of Nile Charles, Brian Johnston (Rose, Jesse)
July 1, 2011 Filing 21 CASE MANAGEMENT PLAN: Amended Pleadings due by 7/29/2011. Joinder of Parties due by 7/29/2011. Motions due by 9/30/2011. Responses due by 10/28/2011 Replies due by 11/11/2011. Deposition due by 9/9/2011. Discovery due by 9/23/2011. Final Pretrial Conference set for 11/18/2011 at 04:00 PM before Judge Jed S. Rakoff. Ready for Trial by 11/14/2011. (Signed by Judge Jed S. Rakoff on 6/28/2011) (jpo)
June 28, 2011 Minute Entry for proceedings held before Judge Jed S. Rakoff: Oral Argument held on 6/28/2011 re: 14 MOTION to Dismiss NOTICE OF MOTION TO DISMISS THE AMENDED COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6) OR FOR JUDGMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(D). MOTION to Dismiss NOTICE OF MOTION TO DISMISS THE AMENDED COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6) OR FOR JUDGMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(D). filed by Apple, Inc.. (mbe)
June 23, 2011 Filing 20 NOTICE OF APPEARANCE by David Lawrence Metzger on behalf of Omniscient Investigation Corp. (Metzger, David)
June 23, 2011 Filing 19 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Omniscient Investigation Corp..(Metzger, David)
June 22, 2011 Filing 18 REPLY MEMORANDUM OF LAW in Support re: 14 MOTION to Dismiss NOTICE OF MOTION TO DISMISS THE AMENDED COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6) OR FOR JUDGMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(D). MOTION to Dismiss NOTICE OF MOTION TO DISMISS THE AMENDED COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6) OR FOR JUDGMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(D)., 7 MOTION for Judgment PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6) AND 12(D).. Document filed by Apple, Inc.. (Crispi, Thomas)
June 15, 2011 Filing 17 AFFIRMATION of William K. Phillips in Opposition re: 14 MOTION to Dismiss NOTICE OF MOTION TO DISMISS THE AMENDED COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6) OR FOR JUDGMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(D). MOTION to Dismiss NOTICE OF MOTION TO DISMISS THE AMENDED COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6) OR FOR JUDGMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(D)., 7 MOTION for Judgment PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6) AND 12(D).. Document filed by Nile Charles, Brian Johnston. (Attachments: # 1 Exhibit 1)(Phillips, William)
June 15, 2011 Filing 16 MEMORANDUM OF LAW in Opposition re: 14 MOTION to Dismiss NOTICE OF MOTION TO DISMISS THE AMENDED COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6) OR FOR JUDGMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(D). MOTION to Dismiss NOTICE OF MOTION TO DISMISS THE AMENDED COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6) OR FOR JUDGMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(D)., 7 MOTION for Judgment PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6) AND 12(D).. Document filed by Nile Charles, Brian Johnston. (Phillips, William)
June 10, 2011 Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 6/10/2011. (ft)
June 10, 2011 Filing 15 DECLARATION of THOMAS M. CRISPI in Support re: 14 MOTION to Dismiss NOTICE OF MOTION TO DISMISS THE AMENDED COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6) OR FOR JUDGMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(D). MOTION to Dismiss NOTICE OF MOTION TO DISMISS THE AMENDED COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6) OR FOR JUDGMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(D).. Document filed by Apple, Inc.. (Attachments: # 1 Exhibit C - AMENDED COMPLAINT)(Crispi, Thomas)
June 10, 2011 Filing 14 MOTION to Dismiss NOTICE OF MOTION TO DISMISS THE AMENDED COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6) OR FOR JUDGMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(D). Document filed by Apple, Inc.. Responses due by 6/15/2011 Return Date set for 6/28/2011 at 04:00 PM.(Crispi, Thomas)
June 8, 2011 Filing 13 AMENDED COMPLAINT against Apple, Inc., Omniscient Investigation Corp. with JURY DEMAND. Document filed by Brian Johnston, Nile Charles. (ft) Modified on 6/9/2011 (ft).
June 8, 2011 SUMMONS ISSUED as to Apple, Inc., Omniscient Investigation Corp. (ft)
June 6, 2011 Filing 12 ENDORSED LETTER: addressed to Judge Jed S. Rakoff from Thomas M. Crispi dated 6/2/2011 re: Counsel for defendant writes pursuant to the parties' conference (the "call") with Judge Rakoff's Chambers on June 1, 2011, Apple Inc., requests permission to file Exhibit A.1 under seal. ENDORSEMENT: So Ordered. (Signed by Judge Jed S. Rakoff on 6/4/11) (js)
June 6, 2011 Filing 11 SEALED DOCUMENT placed in vault.(nm)
June 2, 2011 ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. 10 HAS BEEN REJECTED. Note to Attorney Thomas M. Crispi : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (ldi)
June 2, 2011 Filing 10 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION to Seal Document 8 Declaration in Support of Motion, Letter dated 6/2/11 addressed to Judge Rakoff for permission to file under seal Exhibit A.1 to Thomas M. Crispi's Declaration. Document filed by Apple, Inc.(Crispi, Thomas) Modified on 6/3/2011 (ldi).
June 2, 2011 Filing 9 MEMORANDUM OF LAW in Support re: 7 MOTION for Judgment PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6) AND 12(D).. Document filed by Apple, Inc.. (Crispi, Thomas)
June 2, 2011 Filing 8 DECLARATION of THOMAS M. CRISPI in Support re: 7 MOTION for Judgment PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6) AND 12(D).. Document filed by Apple, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit A-1 (FILED UNDER SEAL), # 3 Exhibit B)(Crispi, Thomas)
June 2, 2011 Filing 7 MOTION for Judgment PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6) AND 12(D). Document filed by Apple, Inc.. Return Date set for 6/28/2011 at 04:00 PM.(Crispi, Thomas)
May 31, 2011 Filing 6 NOTICE OF APPEARANCE by William Kerry Phillips on behalf of Nile Charles, Brian Johnston (Phillips, William)
May 31, 2011 Filing 5 STIPULATION: It is hereby Stipulated and agreed that the time for defendant to move, answer, or otherwise respond to the Complaint is hereby extended to 5/31/11. (Signed by Judge Jed S. Rakoff on 5/28/2011) (jfe)
May 26, 2011 Filing 4 NOTICE OF COURT CONFERENCE: Initial Conference set for 6/14/2011 at 11:00 AM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 5/26/2011) (tro)
May 19, 2011 Filing 3 AFFIDAVIT OF SERVICE of Civil Cover Sheet, Notice of Removal, Rule 7.1 Disclosure Statement, Judge Jed Rakoff individual rules and Mag. Judge Michael Dolinger individual rules served on Brian Johnston and Nile Charles on 5/17/2011. Service was made by Mail. Document filed by Apple, Inc.. (Crispi, Thomas)
May 16, 2011 Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Apple, Inc.(ama) (ama).
May 16, 2011 Filing 1 NOTICE OF REMOVAL from State Supreme, County of New York. Case Number: 101706-11. (Filing Fee $ 350.00, Receipt Number 6895).Document filed by Apple, Inc.(ama) (ama).
May 16, 2011 Magistrate Judge Michael H. Dolinger is so designated. (ama)
May 16, 2011 Case Designated ECF. (ama)

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Search for this case: Johnston et al v. Apple, Inc.
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Plaintiff: Brian Johnston
Represented By: William Kerry Phillips
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Plaintiff: Nile Charles
Represented By: William Kerry Phillips
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Defendant: Apple, Inc.
Represented By: Thomas M. Crispi
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Defendant: Omniscient Investigation Corp.
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