Marino v. Coach, Inc.
Plaintiff: Michelle Marino
Defendant: Coach, Inc.
Case Number: 1:2016cv01122
Filed: February 12, 2016
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of State
Presiding Judge: Valerie E. Caproni
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
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Date Filed Document Text
August 4, 2022 Opinion or Order Filing 156 ORDER: IT IS HEREBY ORDERED that Plaintiffs' counsel must contact Mr. DiGenerro by no later than Monday, August 8, 2022, and inform him that the appropriate method for dealing with these concerns is to communicate directly with Plaintiffs' counsel; he should cease calling this Court. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/4/2022) (tg)
March 3, 2021 Opinion or Order Filing 155 FINAL APPROVAL ORDER granting (144) Motion for Settlement; terminating (146) Motion for Attorney Fees in case 1:16-cv-01122-VEC; terminating (137) Motion for Leave to File Excess Pages; granting (138) Motion for Settlement; terminating (140) M otion for Attorney Fees in case 1:16-cv-03677-VEC; terminating (112) Motion for Leave to File Excess Pages; granting (113) Motion for Settlement; terminating (115) Motion for Attorney Fees in case 1:16-cv-03773-VEC; terminating (102) Motion for Leave to File Excess Pages; granting (103) Motion for Settlement; terminating (105) Motion for Attorney Fees in case 1:16-cv-05320-VEC. The Parties to the above-captioned action currently pending against Defendant COACH, Inc., have agreed to a se ttlement, the terms and conditions of which are set forth in an executed Settlement Agreement (the "Settlement Agreement").2 The Settlement Agreement was reached through arm's-length negotiations by the Parties and their counsel with the assistance, and under the supervision, of Honorable Magistrate Judge Ona T. Wang. Under the Settlement Agreement, subject to the terms and conditions therein, and subject to Court approval, Plaintiffs and the proposed Settlement Class would fully, finally, and forever resolve, discharge, and release their claims in exchange for monetary relief, including direct relief of $4,661,000 in cash and vouchers (not including Defendant's payment of Attorneys' Fees and Expenses a nd Incentive Awards to Plaintiffs) and injunctive relief, including compliance with federal and state laws related to pricing and advertising. Neither the Settlement Agreement, this Order, nor any of their provisions, nor any of the documents (inc luding, but not limited to, drafts of the Settlement Agreement, the Preliminary Approval Order, the Final Approval Order, and the Judgment of Dismissal), negotiations, or proceedings relating in any way to the Settlement, shall be construed as or deemed to be evidence of an admission or concession of any kind of any person, and shall not be offered or received in evidence, or subject to discovery, in this or any other action or proceeding except in an action brought to enforce its terms or except as may be required by law or court order. This case is hereby dismissed with prejudice. The Clerk of Court is respectfully directed to terminate all open motions and close this case. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/3/2021) Filed In Associated Cases: 1:16-cv-01122-VEC, 1:16-cv-03677-VEC, 1:16-cv-03773-VEC, 1:16-cv-05320-VEC (rj)
February 23, 2021 Opinion or Order Filing 154 ORDER: WHEREAS on February 23, 2021, the parties appeared for a Fairness Hearing in this matter; IT IS HEREBY ORDERED that by no later than Friday, February 26, 2021, the parties must file a supplemental declaration from a representative of Angeion G roup LLC that confirms that the required advertisements were published in the national and California regional editionsof USA Today. The supplemental declaration must attach copies of the advertisements as exhibits and include the days on which the advertisements were published. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/23/2021) (ama)
February 16, 2021 Opinion or Order Filing 151 ORDER: IT IS HEREBY ORDERED that to provide ample time for the Court to review this key information prior to the Fairness Hearing, a supplemental declaration from a representative of Angeion is due no later than Friday, February 19, 2021, at 5:00 P.M. The declaration must include the number of Tier 1 and Tier 2 claims, the total number and value of claims for cash payouts, and the total number and value of claims for vouchers. If the total value of claims for cash payouts exceeds the amount in the cash fund, the supplemental declaration must include the total number and value of claims for cash pay outs that are to be converted to claims for vouchers pursuant to the terms of the Settlement Agreement. So Ordered. (Signed by Judge Valerie E. Caproni on 2/16/2021) (js)
January 12, 2021 Opinion or Order Filing 148 ORDER: WHEREAS a Fairness Hearing in this matter is scheduled for Tuesday, February 23, 2021 at 10:30 A.M., Dkt. 137; and WHEREAS the Fairness Hearing is scheduled to be held in Courtroom 443 of the Thurgood Marshall United States Courthouse, Dkt. 13 7; IT IS HEREBY ORDERED that due to the rising number of COVID-19 cases in New York City, the Court will hold the hearing by video and telephonic conference using the Skype platform. Counsel for the parties and objectors who will be granted speaking privileges will be emailed a link to participate in the video conference a few days before the hearing. Other settlement class members and any interested members of the public may listen to the proceeding remotely by dialing 1-917-933-2166 and using the conference ID number 484793510. All of those accessing the hearing are reminded that recording or rebroadcasting of the proceeding is prohibited by law. IT IS FURTHER ORDERED that the parties must post this change of venue on the settlement websi te by no later than Thursday, January 14, 2021. See Order, Dkt. 137 at 13 n.3 ("The Court may reschedule or relocate the hearing by issuing an order on the public docket; such order shall be immediately posted to the settlement website."). SO ORDERED., ( Fairness Hearing set for 2/23/2021 at 10:30 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 1/12/2021) Filed In Associated Cases: 1:16-cv-01122-VEC, 1:16-cv-03677-VEC, 1:16-cv-03773-VEC, 1:16-cv-05320-VEC (ama)
August 10, 2020 Opinion or Order Filing 135 ORDER: WHEREAS Plaintiffs have filed an amended, unopposed motion for preliminary approval of the parties' class action settlement, preliminary certification of a settlement class, and approval of their proposed notice plan, Dkt. 134; IT IS HERE BY ORDERED THAT the parties are directed to appear for a teleconference on August 13, 2020, at 11:00 A.M., to discuss the Court's remaining concerns about the notice plan. Plaintiffs should be prepared to discuss the following issues: as set for th herein. All parties and any interested members of the public must attend by dialing 1-888-363-4749, using the access code 3121171 and the security code 1122. All attendees are advised to mute their phones when not speaking and to self-identify each time they speak. SO ORDERED., ( Telephone Conference set for 8/13/2020 at 11:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 8/10/2020) (ama)
June 24, 2020 Opinion or Order Filing 127 ORDER: granting (126) Letter Motion for Extension of Time to File in case 1:16-cv-01122-VEC; granting (121) Letter Motion for Extension of Time to File in case 1:16-cv-03677-VEC; granting (96) Letter Motion for Extension of Time to File in case 1:16- cv-03773-VEC; granting (86) Letter Motion for Extension of Time to File in case 1:16-cv-05320-VEC. Application Granted. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/24/2020) Filed In Associated Cases: 1:16-cv-01122-VEC, 1:16-cv-03677-VEC, 1:16-cv-03773-VEC, 1:16-cv-05320-VEC (ama)
June 19, 2020 Opinion or Order Filing 125 ORDER granting (124) Letter Motion for Extension of Time to File in case 1:16-cv-01122-VEC; granting (119) Letter Motion for Extension of Time to File in case 1:16-cv-03677-VEC; granting (94) Letter Motion for Extension of Time to File in case 1:16- cv-03773-VEC; granting (84) Letter Motion for Extension of Time to File in case 1:16-cv-05320-VEC. Application Granted. So Ordered. (Signed by Judge Valerie E. Caproni on 6/19/2020) Filed In Associated Cases: 1:16-cv-01122-VEC, 1:16-cv-03677-VEC, 1:16-cv-03773-VEC, 1:16-cv-05320-VEC (js)
May 29, 2020 Opinion or Order Filing 123 ORDER: WHEREAS Plaintiffs have filed an unopposed motion for preliminary approval of the parties' class action settlement, preliminary certification of a settlement class, and approval of their proposed notice plan, Dkt. 122; and WHEREAS the Cou rt needs clarification or additional information before it can rule on Plaintiffs' motion; IT IS HEREBY ORDERED THAT, no later than June 19, 2020, the parties must file a joint letter addressing the following issues: and as set forth herein. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/29/2020) (ama)
August 28, 2017 Opinion or Order Filing 65 OPINION AND ORDER re: (18 in 1:16-cv-05320-VEC) MOTION to Dismiss /Notice of Defendant's Motion to Dismiss filed by Coach Inc., (65 in 1:16-cv-03677-VEC, 29 in 1:16-cv-05320-VEC, 40 in 1:16-cv-03773-VEC, 54 in 1:16-cv-01122-VEC) LETTER MOTION for Leave to File supplemental authority addressed to Judge Valerie E. Caproni from David M. Cialkowski dated January 25, 2017 filed by Deborah Esparza, (40 in 1:16-cv-01122-VEC) MOTION to Dismiss /Notice of Def endant's Motion to Dismiss filed by Coach, Inc., (29 in 1:16-cv-03773-VEC) MOTION to Dismiss /Notice of Defendant's Motion to Dismiss filed by Coach Inc., (54 in 1:16-cv-03677-VEC) MOTION to Dismiss /Notice of De fendant's Motion to Dismiss filed by Coach Inc. Coach's motion to dismiss is DENIED IN PART and GRANTED IN PART. Plaintiffs' claim for injunctive relief is DISMISSED WITH PREJUDICE. Marino's claim under the Ne w Hampshire CPA is DISMISSED WITHOUT PREJUDICE. Plaintiffs' claims for common law fraud, unjust enrichment, and breach of express warranty are DISMISSED WITHOUT PREJUDICE. The motion to dismiss is otherwise denied in all respects. Should P laintiffs choose to amend to cure the deficiencies in the CAC identified supra, their second consolidated amended complaint is due by September 18, 2017. The parties are directed to appear for a status conference at 10:00 a.m. on September 29, 2017. The parties' joint pre-conference letter and proposed case management plan is due by September 21, 2017. The Clerk of the Court is respectfully directed to close the following open motions: in case no. 16-cv-1122, docket entries 40 and 54; in case no. 16-cv-3773, docket entries 29 and 40; in case no. 16-cv-3677, docket entries 54 and 65; and in case no. 16-cv-3520, docket entries 18 and 29. (Signed by Judge Valerie E. Caproni on 8/28/2017) Filed In Associated Cases: 1:16-cv-01122-VEC, 1:16-cv-03677-VEC, 1:16-cv-03773-VEC, 1:16-cv-05320-VEC(mro)
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Plaintiff: Michelle Marino
Represented By: Benjamin David Elga
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Defendant: Coach, Inc.
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