Marsden v. Epsilon Data Managment, LLC et al
| Mary Kathleen Marsden |
| Epsilon Data Managment, LLC and Alliance Data Systems, Inc. |
| 1:2017cv04578 |
| June 18, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Andrew L Carter |
| Henry B Pitman |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 |
| Plaintiff |
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Filing 29
STIPULATION OF DISMISSAL WITH PREJUDICE: Pursuant to Rule 41(A)(1) of the Federal Rules of Civil Procedure, the parties, Mary Kathleen Marsden and Epsilon Data Management, LLC and ADS Alliance Data Systems, Inc. (incorrectly names as Alliance Data Systems, Inc.) hereby stipulate to the dismissal with prejudice of the Complaint in this action, with each party to bear their own costs and attorneys' fees. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 7/17/2018) (ama)
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| Filing 28 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Alliance Data Systems, Inc., Epsilon Data Managment, LLC and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Mary Kathleen Marsden.(Jump, Alice) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - SIGNATURE ERROR. Notice to Attorney Alice Jump to RE-FILE Document #27 Stipulation of Voluntary Dismissal with handwritten signatures of the attorneys. (km) |
| Filing 27 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, With prejudice against the defendant(s) Alliance Data Systems, Inc., Epsilon Data Managment, LLC and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Mary Kathleen Marsden.(Jump, Alice) Modified on 7/18/2018 (km). |
| Set/Reset Hearings: Settlement Conference set 6/14/18 adjourned to 7/19/2018 at 10:00 AM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Henry B. Pitman. (ajc) |
| Filing 26 MEMO ENDORSEMENT on re: #25 Letter filed by Mary Kathleen Marsden. ENDORSEMENT: APPLICATION GRANTED. (Signed by Magistrate Judge Henry B. Pitman on 5/30/2018) (ras) |
| Filing 25 LETTER addressed to Magistrate Judge Henry B. Pitman from Alice K. Jump dated May 29, 2018 re: Marsden v. Epsilon Data Management, LLC adjournment. Document filed by Mary Kathleen Marsden.(Jump, Alice) |
| Filing 24 MEMO ENDORSEMENT on re: #23 Letter filed by Mary Kathleen Marsden. ENDORSEMENT: APPLICATION GRANTED. THE SETTLEMENT CONFERENCE IS ADJOURNED TO 5-31-18 AND WILL AUTOMATICALLY BE CANCELLED IF A STIP. OF DISMISSAL IS FILED BY THAT DATE. (Signed by Magistrate Judge Henry B. Pitman on 5/14/2018) (ras) |
| Filing 23 LETTER addressed to Magistrate Judge Henry B. Pitman from Alice K. Jump dated May 11, 2018 re: Marsden v. Epsilon Data Management, LLC et al Settlement Conference. Document filed by Mary Kathleen Marsden.(Jump, Alice) |
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Filing 22
ORDER granting #21 Letter Motion to Adjourn Conference. THE SETTLEMENT CONFERENCE IS ADJOURNED TO 5-17-18 AT 10:00 AM. (Settlement Conference set for 5/17/2018 at 10:00 AM before Magistrate Judge Henry B. Pitman.) (Signed by Magistrate Judge Henry B. Pitman on 4/19/2018) (ras)
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| Filing 21 LETTER MOTION to Adjourn Conference Scheduled for April 24, 2018 addressed to Magistrate Judge Henry B. Pitman from Amy J. Traub dated April 18, 2018. Document filed by Alliance Data Systems, Inc., Epsilon Data Managment, LLC.(Traub, Amy) |
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Filing 20
JOINT PROPOSED DISCOVERY PLAN AND PRETRIAL ORDER: The parties do not consent to conducting all proceedings, including motions and trial, before a Magistrate Judge. This case is to be tried by a jury. Motions to amend or add parties shall be filed by February 10, 2018, unless good cause is shown. Any expert depositions shall be completed by August 31 2018. Expert discovery shall be completed by August 31, 2018. Factual discovery shall be completed by June 30, 2018. 9. A SETTLEMENT CONFERENCE IN THIS MATTER WILL BE HELD ON 4-24-18 AT 10:00 AM. 10. THE PRETRIAL ORDER + ALL OTHER MATERIALS REQUIRED BY JUDGE CARTER'S RULES SHALL BE FILED ON 11-30-18 OR 30 DAYS AFTER THE DECISION ON A DISPOSITIVE MOTION, WHICHEVER IS LATER. THE SCHEDULE SET FORTH HEREIN IS APPROVED. (Deposition due by 8/31/2018. Expert Discovery due by 8/31/2018. Fact Discovery due by 6/30/2018. Motions due by 2/10/2018. Pretrial Order due by 11/30/2018. Settlement Conference set for 4/24/2018 at 10:00 AM before Judge Andrew L. Carter Jr.) (Signed by Magistrate Judge Henry B. Pitman on 1/10/2018) (ras)
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| Set/Reset Hearings: Settlement Conference set for 4/24/2018 at 10:00 AM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Henry B. Pitman. (ajc) |
| Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Initial Pretrial Conference held on 1/10/2018. (ajc) |
| Filing 18 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Alliance Data Systems, Inc., Epsilon Data Managment, LLC.(Traub, Amy) |
| Set/Reset Hearings: IPTC set for 1/10/2018 at 10:00 AM courtroom 18-A 500 Pearl Street before Magistrate Judge Henry B. Pitman. (ajc) Modified on 12/7/2017 (ajc). |
| Filing 17 NOTICE of Firm Name Change. Document filed by Mary Kathleen Marsden. (Jump, Alice) |
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Filing 16
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 Henry B. Pitman. (Signed by Judge Andrew L. Carter, Jr on 12/4/2017) (anc)
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| Filing 15 LETTER addressed to Judge Andrew L. Carter, Jr. from Amy J. Traub dated December 1, 2017 re: Joint Status Report Regarding Mediation. Document filed by Alliance Data Systems, Inc., Epsilon Data Managment, LLC.(Traub, Amy) |
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Filing 14
ORDER: The parties should submit a joint status report regarding the mediator session and settlement discussions by December 1, 2017. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 11/9/2017) (anc)
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| Mediator Session Held on 10/31/17 by Phone Conference.(ms) Modified on 11/13/2017 (ms). |
| Mediator Session Held on 10/3/2017 at Mediator's Office.(mf) |
| MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 10/03/2017, 9:00 AM at the Offices of the Mediator.(cda) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 9/1/2017.(cda) |
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Filing 13
ORDER OF AUTOMATIC REFERRAL TO MEDIATION (See M-10-468 Second Amended Standing Order). Please reference the Pilot Discovery Protocols, attached, and the Mediation Program Procedures (http://nysd.uscourts.gov/mediation). E-mail MediationOffice@nysd.uscourts.gov, telephone 212-805-0643. Mediator to be Assigned by 8/10/2017. (Signed by Judge Loretta A. Preska on 10/1/2015) (rpr)
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| Filing 12 ANSWER to #1 Complaint. Document filed by Alliance Data Systems, Inc., Epsilon Data Managment, LLC.(Traub, Amy) |
| Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent ADS Alliance Data Systems, Inc. for Epsilon Data Managment, LLC. Document filed by Epsilon Data Managment, LLC.(Traub, Amy) |
| Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Alliance Data System Corporation for Alliance Data Systems, Inc.. Document filed by Alliance Data Systems, Inc..(Traub, Amy) |
| Filing 9 STIPULATION EXTENDING DEFENDANTS' TIME TO ANSWER, MOVE, OR OTHERWISE RESPOND TO PLAINTIFF'S COMPLAINT: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned parties to the above-captioned action, through their respective attorney of record, that the time for Defendants Epsilon Data Management, LLC ("Epsilon")and Alliance Data Systems, Inc. ("ADS") in the above-captioned action to answer, move with respect to, or otherwise respond to Plaintiff Mary Kathleen Marsden's Complaint shall be, and hereby is, extended form July 14, 2017 ( as it relates to Epsilon) and July 18, 2017 (as it relates to ADS), up to and including July 28, 2017 for both Defendants. Alliance Data Systems, Inc. answer due 7/28/2017; Epsilon Data Management, LLC answer due 7/28/2017. (Signed by Judge Andrew L. Carter, Jr on 7/13/2017) (rj) |
| Filing 8 NOTICE OF APPEARANCE by Amanda Lee Van Hoose Garofalo on behalf of Alliance Data Systems, Inc., Epsilon Data Managment, LLC. (Van Hoose Garofalo, Amanda) |
| Filing 7 NOTICE OF APPEARANCE by Amy Joy Traub on behalf of Alliance Data Systems, Inc., Epsilon Data Managment, LLC. (Traub, Amy) |
| Filing 6 AFFIDAVIT OF SERVICE. Epsilon Data Managment, LLC served on 6/23/2017, answer due 7/14/2017. Service was accepted by Connie McLaughlin, Office Manager. Document filed by Mary Kathleen Marsden. (Jump, Alice) |
| Filing 5 AFFIDAVIT OF SERVICE. Alliance Data Systems, Inc. served on 6/27/2017, answer due 7/18/2017. Service was accepted by Kellie Hunt, Executive Assistant to Counsel. Document filed by Mary Kathleen Marsden. (Jump, Alice) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Alliance Data Systems, Inc., Epsilon Data Managment, LLC. (rch) |
| ***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Alice Keeney Jump. The following case opening statistical information was erroneously selected/entered: Cause of Action code 42:1983; County code Albany;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 42:2000; the County code has been modified to New York;. (rch) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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. (rch) |
| Magistrate Judge Henry B. Pitman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (rch) |
| Case Designated ECF. (rch) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Epsilon Data Management, LLC and Alliance Data Systems, Inc., re: #1 Complaint. Document filed by Mary Kathleen Marsden. (Jump, Alice) |
| Filing 2 CIVIL COVER SHEET filed. (Jump, Alice) |
| Filing 1 COMPLAINT against Alliance Data Systems, Inc., Epsilon Data Managment, LLC. (Filing Fee $ 400.00, Receipt Number 0208-13797371)Document filed by Mary Kathleen Marsden.(Jump, Alice) |
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