Borecki v. Raymours Furniture Company, Inc.
| Borecki and Scott Borecki |
| Raymours Furniture Company, Inc. and Raymours Furniture Company, Inc. doing business as Raymour & Flanigan |
| Evelyn Manopla |
| 1:2017cv01188 |
| February 16, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Lewis A Kaplan |
| Sarah Netburn |
| Other Statutory Actions |
| 47 U.S.C. § 227 |
| Both |
Docket Report
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This docket was last retrieved on March 3, 2020. A more recent docket listing may be available from PACER.
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| Filing 102 MANDATE of USCA (Certified Copy) as to #36 Notice of Interlocutory Appeal, filed by Raymours Furniture Company, Inc. USCA Case Number 17-3996.. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to Local Rule 42.1. The stipulation is hereby "So Ordered".. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 03/03/2020..(nd) |
| Filing 101 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/10/19 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) |
| Filing 100 TRANSCRIPT of Proceedings re: CONFERENCE held on 9/10/2019 before Magistrate Judge Sarah Netburn. Court Reporter/Transcriber: Beth Fontane-Howard, (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 10/24/2019. Redacted Transcript Deadline set for 11/4/2019. Release of Transcript Restriction set for 1/1/2020.(McGuirk, Kelly) |
| Terminate Transcript Deadlines. (ras) |
| Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Final Approval Hearing held on 9/10/2019. (ras) |
Filing 99
JUDGMENT: IT IS ADJUDGED that: Payments shall be made to Settlement Class Members who submitted valid claims, in accordance with the terms of the Settlement Agreement. A service award of $40,000.00 shall be paid to Plaintiff, in accordance with the terms of the Settlement Agreement. Class Counsel attorneys' fees in the amount of $1,416,666.67 and costs in the amount of $24,756.06, shall be paid in accordance with the terms of the Settlement Agreement...Except as to any Settlement Class Members who have validly and timely requested exclusion, this action is dismissed with prejudice, with all parties to bear their own fees and costs except as set forth herein and in the prior orders of the court. (Signed by Magistrate Judge Sarah Netburn on 09/10/2019) (ras)
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Filing 98
FINAL APPROVAL ORDER: It is HEREBY ORDERED that the motion is GRANTED, the Settlement Class is certified, and the Settlement Agreement is approved. The Court finds that no justifiable reason exists for delaying entry of this Final Approval Order and, good cause appearing, it is expressly directed that this Final Approval Order and Judgment be entered as a final and appealable order and the case dismissed with prejudice. THEREFORE, the Clerk of the Court is HEREBY ORDERED to enter this Final Approval Order. (Signed by Magistrate Judge Sarah Netburn on 09/10/2019) (ras)
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Filing 97
MEMO ENDORSEMENT on re: #96 Letter, filed by Raymours Furniture Company, Inc. ENDORSEMENT: Mr. Karlsgodt may attend the hearing scheduled for September 10, 2019, at 10:00 a.m. via telephone. Counsel for the parties shall come to the conference with his phone number, and the Court will call Mr. Karlsgodt prior to the start of the 10:00 a.m. conference. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 9/5/2019) (kv)
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| Filing 96 LETTER addressed to Magistrate Judge Sarah Netburn from Eric R. Fish dated August 30, 2019 re: Requesting Permission for Paul Karlsgodt to Participate by Telephone at the September 10, 2019 Hearing. Document filed by Raymours Furniture Company, Inc..(Fish, Eric) |
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Filing 95
ORDER of USCA (Certified Copy) as to #36 Notice of Interlocutory Appeal, filed by Raymours Furniture Company, Inc. USCA Case Number 17-3996. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to Local Rule 42.1. The stipulation is hereby "So Ordered". Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 08/14/2019. (nd)
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Filing 94
ORDER granting #93 Letter Motion for Leave to File Document. The request is GRANTED. The Clerk of Court is directed to replace the the exhibit appearing at ECF No. 92-3. (HEREBY ORDERED by Magistrate Judge Sarah Netburn) (Text Only Order) (ras)
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| Filing 93 LETTER MOTION for Leave to File Corrected Exhibit in Support of Final Approval Motion addressed to Magistrate Judge Sarah Netburn from Armando A. Ortiz dated August 7, 2019. Document filed by Scott Borecki. (Attachments: #1 Exhibit Corrected Exhibit C)(Ortiz, Armando) |
| Filing 92 DECLARATION of Adrienne D. Mcentee in Support re: #89 MOTION for Settlement (Unopposed) for Final Approval of Class Action Settlement.. Document filed by Scott Borecki. (Attachments: #1 Exhibit A - Settlement Agreement., #2 Exhibit B - Preliminary Approval Orders, #3 Exhibit C - Samantha Ries Declaration, #4 Exhibit D - Scott Borecki Declaration, #5 Exhibit E - Billing Records, #6 Exhibit F - Expenses, #7 Exhibit G - Justin M. Swartz Declaration, #8 Exhibit H - Souza v. Carmines Order, #9 Exhibit I - Fonseca v. Dircksen Order, #10 Exhibit J - Hadel v. Gaucho, LLC Order, #11 Exhibit K - Proposed Final Approval Order)(McEntee, Adrienne) (Attachment 3 replaced on 8/9/2019) (ras). |
| Filing 91 DECLARATION of Joseph A. Fitapelli in Support re: #89 MOTION for Settlement (Unopposed) for Final Approval of Class Action Settlement.. Document filed by Scott Borecki. (Attachments: #1 Exhibit A -- Billing Records, #2 Exhibit B -- Former Client Retainer, #3 Exhibit C -- Summary of Expenses)(McEntee, Adrienne) |
| Filing 90 MEMORANDUM OF LAW in Support re: #89 MOTION for Settlement (Unopposed) for Final Approval of Class Action Settlement. . Document filed by Scott Borecki. (McEntee, Adrienne) |
| Filing 89 MOTION for Settlement (Unopposed) for Final Approval of Class Action Settlement. Document filed by Scott Borecki.(McEntee, Adrienne) |
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Filing 88
ORDER granting #87 Letter Motion for Leave to File Excess Pages. The memorandum of law in support of final approval shall not exceed 30 pages. (HEREBY ORDERED by Magistrate Judge Sarah Netburn) (Text Only Order) (ras)
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| Filing 87 LETTER MOTION for Leave to File Excess Pages re Plaintiff's Motion for Final Approval addressed to Magistrate Judge Sarah Netburn from Joseph A. Fitapelli dated July 31, 2019. Document filed by Scott Borecki.(Fitapelli, Joseph) |
| Filing 86 LETTER addressed to Magistrate Judge Sarah Netburn from Joseph A. Fitapelli dated June 26, 2019 re: Claims Administrator's Declaration. Document filed by Scott Borecki. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Fitapelli, Joseph) |
| Filing 85 MEMO ENDORSEMENT on re: #84 Letter filed by Scott Borecki. ENDORSEMENT: The request to amend the deadline for class members to submit claims, object, or request exclusion is extended to June 22, 2019. The Court also approves the proposed change to the longform notice. (Signed by Magistrate Judge Sarah Netburn on 02/28/2019) (ras) |
| Filing 84 JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Adrienne D. McEntee and Eric R. Fish dated February 26, 2019 re: Amending Order Granting Preliminary Approval. Document filed by Scott Borecki.(McEntee, Adrienne) |
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Filing 83
ORDER PRELIMINARILY APPROVING CLASS ACTION SETTLEMENT granting #57 Motion for Preliminary Approval of Class Settlement, Conditional Certification of the Settlement Class, Appointment of Plaintiff's Counsel as Class Counsel, and Approval of Plaintiff's Proposed Notice of of Settlement and Class Action Settlement Procedure (Unopposed). Based on the Court's review of the Settlement Agreement, the Motion for Preliminary Approval, the supporting memorandum, declarations of counsel, argument of counsel, and the entire record, the Court finds that the Settlement is fair, reasonable, and adequate. Plaintiff's motion to preliminarily approve the Settlement and certify the Settlement Class is granted. The Court appoints Scott Borecki as Class Representative and Fitapelli & Schaffer and Terrell Marshall Law Group PLLC as Class Counsel, and as further set forth herein. The following timeline will govern proceedings through the Final Approval Hearing: March 24, 2019: Deadline to mail notice, June 12, 2019: Deadline for Settlement Class Members to submit claims, exclusion requests, and objections, August 6, 2019: Deadline to file responses to objections, motion for final approval, attorneys' fees, costs, and service awards, and declaration from Settlement Administrator, September 10, 2019, at 10:00 am: Final Approval Hearing. (Signed by Magistrate Judge Sarah Netburn on 02/22/2019) (ras) Modified on 2/22/2019 (ras).
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| Set/Reset Hearings: Status Conference set for 9/10/2019 at 10:00 AM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn. (ras) |
| Filing 82 JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Adrienne D. McEntee and Eric R. Fish dated February 15, 2019 re: cy press funds. Document filed by Scott Borecki.(McEntee, Adrienne) |
| Filing 81 LETTER addressed to Magistrate Judge Sarah Netburn from Adrienne D. McEntee dated February 7, 2019 re: Revised Notice Documents. Document filed by Scott Borecki. (Attachments: #1 Exhibit 1: Claim Form, #2 Exhibit 2: Postcard Notice, #3 Exhibit 3: Email Notice, #4 Exhibit 4: Website Notice, #5 Exhibit 5: Borecki Declaration, #6 Exhibit 6: Parks Declaration)(Ortiz, Armando) |
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Filing 80
MEMO ENDORSEMENT on re: #79 Letter, filed by Raymours Furniture Company, Inc. ENDORSEMENT: Permission for Paul Karlsgodt to appear via telephone is GRANTED. Counsel for Defendant are ORDERED to provide a phone number to contact Mr. Karlsgodt on the day of the hearing. (Signed by Magistrate Judge Sarah Netburn on 02/07/2019) (ras) Modified on 2/12/2019 (ras).
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| Filing 79 LETTER addressed to Magistrate Judge Sarah Netburn from Eric R. Fish dated February 4, 2019 re: Requesting Permission for Paul Karlsgodt to Appear via Telephone at the February 12, 2019 Hearing. Document filed by Raymours Furniture Company, Inc..(Fish, Eric) |
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Filing 78
ORDER: A hearing on preliminary approval of the class action settlement is scheduled for Tuesday, February 12, 2019, at 10:00 a.m. in Courtroom 219 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. On or before February 7, 2019, the parties are directed to submit a revised Notice and Claim Form consistent with the Court's instructions at the October 4, 2018 hearing. (Preliminary Approval Conference set for 2/12/2019 at 10:00 AM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 01/30/2019) (ras)
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Filing 77
ORDER withdrawing #61 Motion to Intervene. In light of counsel's letter dated January 28, 2019, the motion to intervene is withdrawn. The Clerk of Court is directed to terminate the movant from this action. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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| Filing 76 LETTER addressed to Magistrate Judge Sarah Netburn from Yitzchak Zelman, Esq. dated 01/28/2019 re: withdrawing Motion to Intervene. Document filed by Evelyn Manopla.(Zelman, Yitzchak) |
| Filing 75 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 10/4/18 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) |
| Filing 74 TRANSCRIPT of Proceedings re: conference held on 10/4/2018 before Magistrate Judge Sarah Netburn. Court Reporter/Transcriber: Rose Prater, (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 11/15/2018. Redacted Transcript Deadline set for 11/26/2018. Release of Transcript Restriction set for 1/23/2019.(McGuirk, Kelly) |
| Filing 73 DECLARATION of Ari H. Marcus, Esq. in Support re: #61 MOTION to Intervene .. Document filed by Evelyn Manopla. (Attachments: #1 Exhibit A - Email Correspondence With Plaintiff's Counsel Regarding The Settlement Of This Action, #2 Exhibit B - Text Messages Received By Ms. Manopla From Defendant)(Zelman, Yitzchak) |
| Filing 72 REPLY to Response to Motion re: #61 MOTION to Intervene . . Document filed by Evelyn Manopla. (Zelman, Yitzchak) |
| Filing 71 CONSENT TO MAGISTRATE JUDGE DISPOSITION ON MOTION by Scott Borecki, Evelyn Manopla, Raymours Furniture Company, Inc. re #61 MOTION to Intervene . MOTION REFERRED to Magistrate Judge Sarah Netburn. (Signed by Judge Lewis A. Kaplan on 10/18/2018) (anc) |
| Filing 70 DECLARATION of Beth E. Terrell in Opposition re: #61 MOTION to Intervene .. Document filed by Scott Borecki. (Attachments: #1 Exhibit A)(Terrell, Beth) |
| Filing 69 RESPONSE in Opposition to Motion re: #61 MOTION to Intervene . (Plaintiff's and Defendant's). Document filed by Scott Borecki. (Terrell, Beth) |
| Filing 68 JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Eric R. Fish dated October 15, 2018 re: Consent to Jurisdiction. Document filed by Raymours Furniture Company, Inc..(Fish, Eric) |
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Filing 67
ORDER: As discussed in the October 4, 2018 conference, joint opposition from Plaintiff and Defendant to the Intervenor's motion is due October 15, 2018. Any reply from the Intervenor is due October 22, 2018. The parties are to inform the Court by separate letter whether they consent to my jurisdiction to decide the motion to intervene. This letter should simply state whether all parties consent and should not identify each party's specific position. Should the parties consent to my jurisdiction for this motion, they shall promptly file a notice of consent with District Judge Lewis A. Kaplan. (Signed by Magistrate Judge Sarah Netburn on 10/5/2018) (ras)
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Filing 66
MEMO ENDORSEMENT on re: #65 Letter, filed by Raymours Furniture Company, Inc. ENDORSEMENT: Defendant's motion is GRANTED. Defense counsel Karlsgodt may appear by telephone. Local counsel is ORDERED to bring a number at which he may be reached to the conference. (Signed by Magistrate Judge Sarah Netburn on 10/3/2018) (ras)
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| Filing 65 LETTER addressed to Magistrate Judge Sarah Netburn from Eric R. Fish dated October 3, 2018 re: Requesting Permission for Paul Karlsgodt to Participate by Telephone at the October 4, 2018 Conference. Document filed by Raymours Furniture Company, Inc..(Fish, Eric) |
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Filing 64
ORDER: The parties and counsel for the plaintiff-intervenor are ORDERED to appear at a conference to discuss the motions for intervention and certification of a class action for purposes of settlement on Thursday, October 4, 2018, at 4:00 p.m. (Motion Hearing set for 10/4/2018 at 04:00 PM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 10/2/2018) (ras)
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| Filing 63 DECLARATION of Yitzchak Zelman, Esq. in Support re: #61 MOTION to Intervene .. Document filed by Evelyn Manopla. (Attachments: #1 Exhibit A - Complaint And Accompanying Exhibits Filed In Manopla v. Raymours Furniture Company, #2 Exhibit B - Defendant's Letter Notifying Of Class Settlement Reached In This Action, #3 Text of Proposed Order)(Zelman, Yitzchak) |
| Filing 62 MEMORANDUM OF LAW in Support re: #61 MOTION to Intervene . . Document filed by Evelyn Manopla. (Zelman, Yitzchak) |
| Filing 61 MOTION to Intervene . Document filed by Evelyn Manopla.(Zelman, Yitzchak) |
| Filing 60 CONSENT TO MAGISTRATE JUDGE DISPOSITION ON MOTION by Scott Borecki, Raymours Furniture Company, Inc. re #57 MOTION for Preliminary Approval of Class Settlement, Conditional Certification of the Settlement Class, Appointment of Plaintiff's Counsel as Class Counsel, and Approval of Plaintiff's Proposed Notice of of Settlement and Class Action Settl MOTION REFERRED to Magistrate Judge Sarah Netburn. Plaintiff's Motion for Preliminary Approval of Class Settlement (ECF 57). Plaintiff's Motion for Final Approval of Class Settlement (to be determined). (Signed by Judge Lewis A. Kaplan on 9/18/2018) (anc) |
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Filing 59
ORDER of USCA (Certified Copy) as to #36 Notice of Interlocutory Appeal, filed by Raymours Furniture Company, Inc. USCA Case Number 17-3996. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to Local Rule 42.1. The stipulation is hereby "So Ordered". Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 09/18/2018. (nd)
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| Filing 58 LETTER addressed to Magistrate Judge Sarah Netburn from Joseph A. Fitapelli dated September 14, 2018 re: Settlement. Document filed by Scott Borecki.(Fitapelli, Joseph) |
| Filing 57 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Preliminary Approval of Class Settlement, Conditional Certification of the Settlement Class, Appointment of Plaintiff's Counsel as Class Counsel, and Approval of Plaintiff's Proposed Notice of of Settlement and Class Action Settlement Procedure (Unopposed). Document filed by Scott Borecki. (Attachments: #1 Memorandum of Points and Authorities, #2 Joseph A. Fitapelli Declaration, #3 Beth E. Terrell Declaration, #4 Beth E. Terrell Declaration Exhibit A)(Terrell, Beth) Modified on 9/25/2018 (db). |
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Filing 56
ORDER: In light of the upcoming close of discovery on September 30, 2018, the parties are ORDERED to submit a status letter on Friday, September 14, 2018, updating the Court on the progress of the litigation and proposing a schedule for motions for summary judgment and class certification. If the letter contains confidential information related to settlement negotiations, it may be submitted to chambers at Netburn_NYSDChambers@nysd.uscourts.gov. (Signed by Magistrate Judge Sarah Netburn on 9/5/2018) (ras)
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| Filing 55 MEMO ENDORSEMENT on re: #54 Letter filed by Raymours Furniture Company, Inc. ENDORSEMENT: The parties are GRANTED a 30-day stay of all deadlines to facilitate settlement negotiations. The stay will be automatically lifted within 30 days, and the parties should be prepared to complete all discovery by September 30, 2018. (Signed by Magistrate Judge Sarah Netburn on 7/19/2018) (ras) |
| Set/Reset Deadlines: Discovery due by 9/30/2018. (ras) |
| Filing 54 JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Eric R. Fish dated July 18, 2018 re: Status of Settlement Discussions. Document filed by Raymours Furniture Company, Inc..(Fish, Eric) |
| Filing 53 JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Eric R. Fish dated June 28, 2018 re: Status of Mediation and Discovery. Document filed by Raymours Furniture Company, Inc..(Fish, Eric) |
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Filing 52
ORDER granting #51 Letter Motion for Extension of Time. Good cause having been shown, the Court adopts the schedule outlined in the parties' letter. No further extensions will be granted. The parties are further ORDERED to submit a status letter within one week of any mediation. To the extent the parties are unable to resolve this action at that time, the letter should report on the status of discovery. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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| Filing 51 LETTER MOTION for Extension of Time addressed to Magistrate Judge Sarah Netburn from Adrienne D. McEntee and Eric R. Fish dated 05/11/2018. Document filed by Scott Borecki.(McEntee, Adrienne) |
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Filing 50
STIPULATION ORDER REGARDING THE DISCLOSURE OF PRIVILEGED INFORMATION: IT IS hereby ORDERED that: This Order shall be applicable and govern all electronically stored information and documents subject to a confidentiality or non-disclosure agreement with non-parties (hereinafter, "Information"). The production by a party of any privileged or otherwise protected Information, as well as the production of Information without an appropriate designation of confidentiality, shall not be deemed a waiver or impairment of any claim of privilege or protection, including, without limitation, the attorney-client privilege, the protection afforded to work product materials, or the confidential nature of any such Information, or the subject matter thereof, as to the produced Information or any other Information, and as further set forth in this order. (Signed by Magistrate Judge Sarah Netburn on 3/14/2018) (ap)
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| Filing 49 LETTER addressed to Magistrate Judge Sarah Netburn from Eric R. Fish dated March 7, 2018 re: Pending Discovery Disputes. Document filed by Raymours Furniture Company, Inc..(Fish, Eric) |
| Filing 48 LETTER addressed to Magistrate Judge Sarah Netburn from Adrienne D. McEntee dated 03/07/2018 re: Status of Discovery. Document filed by Scott Borecki.(McEntee, Adrienne) |
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Filing 47
ORDER: On February 13, 2018, the parties appeared by telephone for a conference to discuss any outstanding discovery disputes and the schedule for the remainder of the litigation. The Court adopted the following schedule: The parties shall appear for another telephone conference on Friday, March 9, 2018, at 3:00 p.m. At that time, the parties should jointly call Chambers, at (212) 805-0286, with all relevant individuals on the line. On Wednesday, March 7, 2018, each party will submit a letter of no more than five pages outlining any discovery disputes. Alternatively, if there are no discovery disputes, the parties may petition the court to adjourn the March 9 conference. Fact discovery shall conclude on June 15, 2018. The plaintiff will disclose the name and subject matter of any experts he plans to use on June 15, 2018. All initial expert reports are due July 2, 2018. Rebuttal reports are due July 23, 2018. Expert discovery shall conclude on August 17, 2018. Motions for summary judgment and class certification are due September 11, 2018. Oppositions are due October 12, 2018. Replies are due October 26, 2018. The parties shall comply with the Individual Rules of Judge Netburn when filing their motions. ( Expert Discovery due by 8/17/2018., Fact Discovery due by 6/15/2018., Motions due by 9/11/2018., Responses due by 10/12/2018, Replies due by 10/26/2018.) (Signed by Magistrate Judge Sarah Netburn on 2/15/2018) (mro)
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| Set/Reset Hearings: Telephone Conference set for 3/9/2018 at 03:00 PM before Magistrate Judge Sarah Netburn. (mro) |
| Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Settlement Conference held on 2/13/2018. (jnm) |
| Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Telephone Conference held on 2/13/2018. (jnm) |
| Filing 46 MEMO ENDORSEMENT: on re: #45 Letter, filed by Raymours Furniture Company, Inc. ENDORSEMENT: To accommodate out-of-state counsel, the Court will change the February 13, 2018 conference to a telephone conference. At 2:30 p.m. on February 13, 2018, the parties should jointly call Chambers, at (212) 805-0286, with all relevant individuals on the line. The purpose of this conference will be to ensure that the parties have resolved all issues related to the joint ESI protocol, such as the number and identity of custodians and the relevant search terms. Should the parties believe they can resolve these issues without judicial intervention if given additional time, they may petition the Court to adjourn the conference to a later date. (Telephone Conference set for 2/13/2018 at 2:30 PM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 2/8/2018) (ap) |
| Filing 45 LETTER addressed to Magistrate Judge Sarah Netburn from Eric R. Fish dated February 6, 2018 re: Status of Discovery and Requesting an Earlier Hearing Time for the February 13, 2018 Conference. Document filed by Raymours Furniture Company, Inc.. (Attachments: #1 ESI Protocol)(Fish, Eric) |
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Filing 44
STIPULATED DISCOVERY CONFIDENTIALITY ORDER:...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge Sarah Netburn on 2/5/2018) (ap)
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Filing 43
ORDER denying as moot #26 Letter Motion for Leave to File Document. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 42
ORDER of USCA (Certified Copy) as to #36 Notice of Interlocutory Appeal, filed by Raymours Furniture Company, Inc. USCA Case Number 17-3996. Appellant moves for a stay of district court proceedings pending this appeal. IT IS HEREBY ORDERED that the motion is DENIED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 12/28/2017. (nd)
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| Filing 41 ANSWER to #1 Complaint with JURY DEMAND. Document filed by Raymours Furniture Company, Inc..(Fish, Eric) |
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Filing 40
ORDER granting #39 Motion for Paul G. Karlsgodt to Appear Pro Hac Vice. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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| Filing 39 MOTION for Paul G. Karlsgodt to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14485882. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Raymours Furniture Company, Inc.. (Attachments: #1 Affidavit in Support of Motion to Admit Paul Karlsgodt Pro Hac Vice, #2 Colorado Certificate of Good Standing, #3 Washington Certificate of Good Standing, #4 Text of Proposed Order Proposed Order)(Karlsgodt, Paul) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #39 MOTION for Paul G. Karlsgodt to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14485882. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc) |
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Filing 38
ORDER denying #37 Letter Motion to Stay (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) (Kaplan, Lewis)
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| Filing 37 LETTER MOTION to Stay Proceedings Pending Raymours' Appeal of November 28, 2017 Memorandum Opinion Denying Motion to Compel Arbitration addressed to Judge Lewis A. Kaplan from John P. Amato dated December 13, 2017. Document filed by Raymours Furniture Company, Inc..(Amato, John) |
| Filing 36 NOTICE OF INTERLOCUTORY APPEAL from #29 Memorandum & Opinion,. Document filed by Raymours Furniture Company, Inc.. Filing fee $ 505.00, receipt number 0208-14469454. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 November 28, 2017 Memorandum Opinion)(Amato, John) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #36 Notice of Interlocutory Appeal, filed by Raymours Furniture Company, Inc. were transmitted to the U.S. Court of Appeals. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #36 Notice of Interlocutory Appeal. (tp) |
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Filing 35
CIVIL CASE MANAGEMENT PLAN & SCHEDULING ORDER: Defendant's response to the complaint is due December 26, 2017. Answer due by 12/26/2017. Amended Pleadings due by 3/12/2018. Joinder of Parties due by 3/12/2018. The parties are ORDERED to produce Rule 26(a) disclosures and conduct informal discovery during the next 60 days. During this period, the parties are FURTHER ORDERED to discuss the platform used by the defendant to send out the text messages at issue. Specifically, the parties shall discuss whether that platform is used by defendant or a non-party, the software used, how data can be exported, the number of unique recipients and/or number of texts sent during the relevant period, and any other relevant information to the prosecution or defense of this case. In addition, the parties are FURTHER ORDERED to discuss an appropriate Electronically Stored Information (ESI) Protocol, including the identification of custodians and search terms. Status Conference set for 2/13/2018 at 2:30 PM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn. The parties request a jury trial, and as further set forth in this order. (Signed by Magistrate Judge Sarah Netburn on 12/11/2017) (ap)
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| Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Initial Pretrial Conference held on 12/11/2017. (jnm) |
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Filing 34
ORDER granting #33 Letter Motion for Extension of Time to Answer Raymours Furniture Company, Inc. answer due 12/26/2017. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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| Filing 33 LETTER MOTION for Extension of Time to File Answer addressed to Magistrate Judge Sarah Netburn from Eric R. Fish dated December 7, 2017. Document filed by Raymours Furniture Company, Inc.. (Attachments: #1 Stipulation And Order to Extend Time to Answer, Move, or Otherwise Respond to Plaintiff's Complaint)(Fish, Eric) |
| Filing 32 NOTICE OF APPEARANCE by Edward T. Groh on behalf of Raymours Furniture Company, Inc.. (Groh, Edward) |
| Filing 31 NOTICE OF APPEARANCE by Eric Robert Fish on behalf of Raymours Furniture Company, Inc.. (Fish, Eric) |
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Filing 30
INITIAL PRETRIAL CONFERENCE ORDER: Initial Conference set for 12/11/2017 at 3:30 PM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn, and as further set forth in this order. (Signed by Magistrate Judge Sarah Netburn on 11/30/2017) (ap)
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Filing 29
MEMORANDUM OPINION re: #11 FIRST MOTION to Compel Arbitration of Plaintiff's Claims and to Stay the Action Pending Arbitration filed by Raymours Furniture Company, Inc. Accordingly, Raymour's motion to compel arbitration and to stay this action [DI 11] is denied. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 11/28/2017) (anc)
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| Transmission to Judgments and Orders Clerk. Transmitted re: #29 Memorandum & Opinion to the Judgments and Orders Clerk. (anc) |
| Filing 27 LETTER RESPONSE in Opposition to Motion addressed to Judge Lewis A. Kaplan from Joseph A. Fitapelli dated August 22, 2017 re: #26 LETTER MOTION for Leave to File Reply in Further Support of Objections to R&R addressed to Judge Lewis A. Kaplan from John P. Amato dated 08/18/17. . Document filed by Scott Borecki. (Fitapelli, Joseph) |
| Filing 26 LETTER MOTION for Leave to File Reply in Further Support of Objections to R&R addressed to Judge Lewis A. Kaplan from John P. Amato dated 08/18/17. Document filed by Raymours Furniture Company, Inc..(Amato, John) |
| Filing 25 RESPONSE re: #21 Report and Recommendations, Plaintiff's Response to Defendant's Objections to the Magistrate's Report and Recommendation. Document filed by Scott Borecki. (Terrell, Beth) |
| Filing 24 OBJECTION to #21 Report and Recommendations Concerning Defendant's Motion to Compel Individual Arbitration of Plaintiff's Claims and for a Stay Pending Arbitration Document filed by Raymours Furniture Company, Inc.. (Amato, John) |
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Filing 23
ORDER granting #22 Letter Motion for Extension of Time to submit objections to R&R and Plaintiff's response. Granted. So Ordered. Objections to R&R due by 7/19/2017. (Signed by Judge Lewis A. Kaplan on 6/28/2017) (js)
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| Set/Reset Deadlines: Responses due by 8/16/2017 (js) |
| Filing 22 LETTER MOTION for Extension of Time to Submit Objections to the R&R addressed to Judge Lewis A. Kaplan from John P. Amato dated 6-26-2017. Document filed by Raymours Furniture Company, Inc..(Amato, John) |
| Filing 28 INTERNET CITATION NOTE: Material from decision with Internet citation re: #21 Report and Recommendations. (vf) |
| Filing 21 REPORT AND RECOMMENDATION: re: #11 FIRST MOTION to Compel Arbitration of Plaintiff's Claims and to Stay the Action Pending Arbitration filed by Raymours Furniture Company, Inc. I recommend that Raymour's motion to compel arbitration and stay this action be DENIED and that the parties continue litigating this putative class action in this Court. Objections to R&R due by 7/5/2017 (Signed by Magistrate Judge Sarah Netburn on 6/21/2017) (ama) |
| Filing 20 REPLY MEMORANDUM OF LAW in Support re: #11 FIRST MOTION to Compel Arbitration of Plaintiff's Claims and to Stay the Action Pending Arbitration. . Document filed by Raymours Furniture Company, Inc.. (Amato, John) |
| Filing 19 MEMORANDUM OF LAW in Opposition re: #11 FIRST MOTION to Compel Arbitration of Plaintiff's Claims and to Stay the Action Pending Arbitration. . Document filed by Scott Borecki. (Fitapelli, Joseph) |
| Filing 18 SUMMONS RETURNED EXECUTED Summons and Complaint served. Raymours Furniture Company, Inc. served on 3/15/2017, answer due 4/5/2017. Service was accepted by Sue Zuoky, Authorized Agent of the Office of the Secretary of State of the State of New York. Document filed by Scott Borecki. (Fitapelli, Joseph) |
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Filing 17
ORDER as to #11 FIRST MOTION to Compel Arbitration of Plaintiff's Claims and to Stay the Action Pending Arbitration: On February 21, 2017, this case was assigned to me for general pre-trial supervision and to report and recommend on any dispositive motions. Defendant submitted a motion to compel arbitration on March 22, 2017. Plaintiff's opposition is due April 21, 2017. Any reply brief is due May 5, 2017. SO ORDERED. (Responses due by 4/21/2017. Replies due by 5/5/2017.) (Signed by Magistrate Judge Sarah Netburn on 3/23/2017) (anc)
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Filing 16
ORDER granting #8 Motion for Adrienne D. McEntee to Appear Pro Hac Vice. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 15
ORDER granting #7 Motion for Beth Ellen Terrell to Appear Pro Hac Vice. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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| Filing 14 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Raymours Furniture Company, Inc..(Aquino, Steven) |
| Filing 13 MEMORANDUM OF LAW in Support re: #11 FIRST MOTION to Compel Arbitration of Plaintiff's Claims and to Stay the Action Pending Arbitration. . Document filed by Raymours Furniture Company, Inc.. (Amato, John) |
| Filing 12 DECLARATION of Neil A. Rube in Support re: #11 FIRST MOTION to Compel Arbitration of Plaintiff's Claims and to Stay the Action Pending Arbitration.. Document filed by Raymours Furniture Company, Inc.. (Amato, John) |
| Filing 11 FIRST MOTION to Compel Arbitration of Plaintiff's Claims and to Stay the Action Pending Arbitration. Document filed by Raymours Furniture Company, Inc..(Amato, John) |
| Filing 10 NOTICE OF APPEARANCE by John Peter Amato, Sr on behalf of Raymours Furniture Company, Inc.. (Amato, John) |
| Filing 9 NOTICE OF APPEARANCE by Steven Roderick Aquino on behalf of Raymours Furniture Company, Inc.. (Aquino, Steven) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #8 MOTION for Adrienne D. McEntee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13400513. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #7 MOTION for Beth Ellen Terrell to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma) |
| Filing 8 MOTION for Adrienne D. McEntee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13400513. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Scott Borecki. (Attachments: #1 Affidavit Adrienne D. McEntee, #2 Text of Proposed Order)(McEntee, Adrienne) |
| Filing 7 MOTION for Beth Ellen Terrell to Appear Pro Hac Vice fee payment $200.00 receipt number 0208-13400438 . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Scott Borecki. (Attachments: #1 Affidavit Beth E. Terrell, #2 Text of Proposed Order)(Terrell, Beth) Modified on 3/9/2017 (bcu). Modified on 3/9/2017 (ma). Modified on 3/9/2017 (ma). |
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Filing 6
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) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Sarah Netburn. (Signed by Judge Lewis A. Kaplan on 2/21/2017) (cla)
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| Filing 5 ELECTRONIC SUMMONS ISSUED as to Raymours Furniture Company, Inc. (kl) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joseph A. Fitapelli. The party information for the following party/parties has been modified: Raymours Furniture Company, Inc.. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted. (kl) |
| Magistrate Judge Sarah Netburn is so designated. (kl) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (kl) |
| Case Designated ECF. (kl) |
| Filing 4 NOTICE OF APPEARANCE by Armando Aguirre Ortiz on behalf of Scott Borecki. (Ortiz, Armando) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Raymours Furniture Company, Inc., re: #1 Complaint. Document filed by Scott Borecki. (Fitapelli, Joseph) |
| Filing 2 CIVIL COVER SHEET filed. (Fitapelli, Joseph) |
| Filing 1 COMPLAINT against Raymours Furniture Company, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-13324333)Document filed by Scott Borecki.(Fitapelli, Joseph) |
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