Lau v. American Eagle Outfitters et al
Plaintiff: Gilbert Lau
Defendant: American Eagle Outfitters and Marcle Maverson
Case Number: 1:2017cv06055
Filed: August 10, 2017
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: George B Daniels
Referring Judge: Barbara C Moses
Nature of Suit: Civil Rights: Americans with Disabilities - Employment
Cause of Action: 42 U.S.C. § 12101
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 30, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 30, 2018 Terminate Transcript Deadlines (jwh)
April 30, 2018 Opinion or Order Filing 63 MEMORANDUM DECISION AND ORDER adopting #62 Report and Recommendations re: #60 Motion to Adjourn Conference: Magistrate Judge Moses's Report is ADOPTED. Plaintiff's complaint is DISMISSED without prejudice. The Clerk of Court is directed to close this case accordingly. (Signed by Judge George B. Daniels on 4/30/2018) (jwh)
April 9, 2018 Opinion or Order Filing 62 REPORT AND RECOMMENDATION TO THE HON. GEORGE B. DANIELS re: #60 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Barbara C. Moses from S. Jeanie Conley dated April 2, 2018. filed by Marcle Maverson, American Eagle Outfitters. Defendant American Eagle Outfitters ("American Eagle") consents to the relief sought. Def. Ltr. dated Apr. 2, 2018 (Dkt. No. 60), at 1. (As further set forth in this Order.) As a practical matter, should plaintiff attempt to refile his claims elsewhere, they will likely be deemed time-barred. Nonetheless, given the parties' silence on this point, I recommend that plaintiff's letter-application be GRANTED and that this action be dismissed in its entirety without prejudice. Objections to R&R due by 4/23/2018 (Signed by Magistrate Judge Barbara C. Moses on 4/9/2018) (cf)
April 6, 2018 Opinion or Order Filing 61 ORDER The status conference scheduled for today, April 6, 2018, is adjourned sine die. The Clerk of Court is respectfully directed to mail a copy of this order to the pro se plaintiff. (Signed by Magistrate Judge Barbara C. Moses on 4/6/2018)(AFRP)
April 2, 2018 Filing 60 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Barbara C. Moses from S. Jeanie Conley dated April 2, 2018. Document filed by American Eagle Outfitters, Marcle Maverson.(Conley, Sylvia)
March 23, 2018 Filing 59 LETTER addressed to Magistrate Judge Barbara C. Moses from Gilbert Lau, dated 3/23/18 re: LETTER MOTION TO WITHDRAW PLAINTIFF CIVIL ACTION CLAIM BASE ALREADY PENDING FEDERAL CHARGES PURS. TO AN ACCOMPANYING CODE SECTION, 18:1515(b) AND 18:1001 AND 18:1503. Document filed by Gilbert Lau.(sc)
March 22, 2018 Filing 58 LETTER addressed to Judge George B. Daniels from Gilbert Lau, dated 2/20/18 re: NOTIFICATION LETTER THAT IN FACT FEDERAL CRIMINAL COMPLAINT HAS BEEN ON ATTORNEY CONLEY, ESQ. AND ATTORNEY GUOBADIA ESQ. AND ON ELLEN JORDAN, AND THE PLAINTIFF HAS RIGHT TO FILING FEDERAL CRIMINAL CHANGES ON DEFENDANTS BASE AND PURS. TO FALSE STATEMENT STATUTE, 18:1001, OR AN ACCOMPANYING CODE SECTION, 18:1515(b), BASED PUBLIC "COURT" CORRUPTION AND AN ACCOMPANYING CODE SECTION 18:1503 AND/OR 18:1515 ALREADY THE RIGHT FILING FEDERAL CRIMINAL CHARGES WITH THE FBI. Document filed by Gilbert Lau.(sc)
March 16, 2018 Filing 57 LETTER addressed to Judge George B. Daniels from Gilbert Lau, dated 3/12/18 re: NOTIFICATION LETTER OF ALREADY THE RIGHT FILING FEDERAL CRIMINAL CHARGES WITH U.S. ATTORNEY OF USDC-SDNY. Document filed by Gilbert Lau.(sc)
March 12, 2018 Filing 56 REPLY AFFIRMATION of Gilbert Lau WITH EXHIBITS OF THE RIGHT TO LETTER TO AND ATTACHED FORMER NOTICE OF MOTION & SUPPORTING DOCUMENTS; re: #45 Letter. Document filed by Gilbert Lau. (sc)
March 12, 2018 Filing 55 REPLY MEMORANDUM OF LAW IN SUPPORT OF MOTION TO FILE A FEDERAL AMENDED COMPLAINT; re: #45 Letter. Document filed by Gilbert Lau. (sc)
February 27, 2018 Mailed a copy of #54 Order Set Deadlines to Gilbert Lau, P.O. Box 1482, New York, NY 10156. (mhe)
February 26, 2018 Opinion or Order Filing 54 ORDER: By letter-motion dated January 31, 2018 (Dkt. No. 45), pro se plaintiff Gilbert Lau requested leave to file a proposed "Second Amended Employment Discrimination Complaint" (Dkt. No. 45-1). Defendant American Eagle Outfitters filed its opposition on February 14, 2018. (Dkt. Nos. 47, 48.) The Court has since received three submissions from plaintiff, dated February 20, 2018 (Dkt. No. 51) and February 22, 2018 (Dkt. Nos. 52, 53). Plaintiff's request for an extension of time to file a reply in further support of his motion to amend, see Dkt. No. 51 at ECF page 2, is GRANTED to the extent that plaintiff's reply is due no later than March 12, 2018. The Court will accept no more than one further submission from plaintiff in support of his motion for leave to file his proposed second amended complaint. No further extensions will be granted. The Clerk of the Court is respectfully directed to mail a copy of this order to plaintiff. ( Replies due by 3/12/2018.) (Signed by Magistrate Judge Barbara C. Moses on 2/26/2018) (mro)
February 26, 2018 Transmission to Docket Assistant Clerk. Transmitted re: #54 Order, Set Deadlines, to the Docket Assistant Clerk for case processing. (mro)
February 22, 2018 Filing 53 NOTICE OF INTENT TO REQUEST REDACTION. Document filed by Gilbert Lau. (sc)
February 22, 2018 Filing 52 LETTER addressed to Magistrate Judge Barbara C. Moses from Gilbert Lau, dated 2/22/18 re: MOTION FOR MEDIATION. Document filed by Gilbert Lau.(sc)
February 20, 2018 Filing 51 LETTER addressed to Magistrate Judge Barbara C. Moses from Gilbert Lau, dated 2/20/18 re: LETTER MOTION FOR PERMISSION TO RESPOND BY FILED A REPLY PAPER ON 25TH DAYS OF THE FILED DATED WITH CLERK OF THE COURT OF THIS LETTER MOTION. Document filed by Gilbert Lau.(sc)
February 20, 2018 Filing 50 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a initial pretrial conference proceeding held on 1/17/2018 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.(rro)
February 20, 2018 Filing 49 TRANSCRIPT of Proceedings re: initial pretrial conference held on 1/17/2018 before Magistrate Judge Barbara C. Moses. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 3/13/2018. Redacted Transcript Deadline set for 3/23/2018. Release of Transcript Restriction set for 5/21/2018.(rro)
February 14, 2018 Filing 48 AFFIDAVIT of S. Jeanine Conley in Opposition. Document filed by American Eagle Outfitters, Marcle Maverson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Conley, Sylvia)
February 14, 2018 Filing 47 REPLY re: #45 Letter . Document filed by American Eagle Outfitters, Marcle Maverson. (Conley, Sylvia)
February 1, 2018 Filing 46 MEMO ENDORSEMENT on re: #42 Letter, filed by Gilbert Lau. ENDORSEMENT: APPLICATION DENIED. (Signed by Magistrate Judge Barbara C. Moses on 2/1/2018) (kgo)
January 31, 2018 Filing 45 LETTER addressed to Magistrate Judge Barbara C. Moses from Gilbert Lau, dated 1/31/18 re: REQUEST FOR LEAVE TO AMEND. Document filed by Gilbert Lau. (Attachments: #1 Proposed Amended Complaint)(sc)
January 30, 2018 Filing 44 AFFIRMATION OF SERVICE of Summons & Complaint, Amended Complaint; served on American Eagle Outfitters on 1/30/18. Service was accepted by Oscar Daniel, employee at Manhattan office. Service was made by Mail, attn: Marcel Malvoisin. Document filed by Gilbert Lau. (sc)
January 29, 2018 Filing 43 AFFIRMATION OF SERVICES HAND DELIVERY OF WAIVER OF THE SERVICE OF SUMMONS & COMPLAINT, AMENDED COMPLAINT; re: of Waiver of Service of Summons, Complaint, Amended Complaint, and Notice of Lawsuit & Request to Waive Service of Summons, served on American Eagle Outfitters on 1/29/18. Service was accepted by Oscar(Last Name Refuse). Document filed by Gilbert Lau. (sc)
January 29, 2018 Filing 42 LETTER addressed to Magistrate Judge Barbara C. Moses from Gilbert Lau, dated 1/29/18 re: LETTER MOTION FOR EXTENSION TIME TO RE-SERVICE COMPLAINT & AMENDED COMPLAINT ON REASON THE DEFENDANTS NEED AMPLE TIME RESPOND THE PLAINTIFF'S LOCAL CIVIL RULE 33.2 INTERROGATORIES & REQUEST FOR PRODUCTION OF DOCUMENTS REQUEST NUMBER ONE. Document filed by Gilbert Lau.(sc)
January 26, 2018 Filing 41 MEMO ENDORSEMENT on re: #39 Letter filed by Gilbert Lau. ENDORSEMENT: Plaintiff's IFP Application has been denied (see Dkt. No. 38) and he has been on notice of his January 30, 2018 extended deadline to serve the individual defendant since December 1, 2017 (see Dkt. No. 29). Application DENIED. (Signed by Magistrate Judge Barbara C. Moses on 1/26/2018) (mro)
January 25, 2018 Filing 40 PRO SE MEMORANDUM dated 1/25/18 re: CHANGE OF ADDRESS for Gilbert Lau. New Address: P.O. Box 1482, New York, New York, 10156. (sc)
January 25, 2018 Filing 39 LETTER addressed to Magistrate Judge Barbara C. Moses from Gilbert Lau, dated 1/25/18 re: EXTENSION REQUEST AND REQUEST FOR ISSUANCE OF SUMMONS. Document filed by Gilbert Lau.(sc)
January 25, 2018 Opinion or Order Filing 38 ORDER: The Court has received and reviewed plaintiff's submission filed January 23, 2018 (Dkt. No. 37), which the Court construes as an application to proceed informa pauperis (IFP) pursuant to 28 U.S.C. 1915(a)(1) and a request that the United States Marshals Service serve the individual defendant named in this action pursuant to Fed. R. Civ. P. 4(c)(3) before the January 31, 2018 deadline. Both requests are denied. See Lau v. Match.Com et. al, No. 13-cv-2938, (S.D.N.Y. Jan. 28 2014) (prohibiting plaintiff Lau, pursuant to 28 U.S.C. 1651, from filing lawsuits in this District IFP without first obtaining leave of Court to do so). (Signed by Magistrate Judge Barbara C. Moses on 1/25/2018) (cf)
January 23, 2018 Filing 37 LETTER addressed to Magistrate Judge Barbara C. Moses from Gilbert Lau, dated 1/22/18 re: LETTER MOTION FOR I.F.P. - U.S. MARSHALS SERVICES TO SERVICE DEFENDANT MARCLE MARVERSON. Document filed by Gilbert Lau.(sc)
January 18, 2018 Mailed a copy of #36 Case Management Plan to Gilbert Lau, 150 E. 37th Street, Apt. 5G, New York, NY 10016. (mhe)
January 17, 2018 Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Initial Pretrial Conference held on 1/17/2018. (Snell, Kevin)
January 17, 2018 Opinion or Order Filing 36 INITIAL CASE MANAGEMENT AND SCHEDULING ORDER: For the reasons stated on the record at today's initial case management conference, to the extent plaintiff's letter filed January 2, 2018 (Dkt. No. 31) seeks an order remanding this action to state court, the application is DENIED as untimely. Plaintiff may move to amend his Complaint no later than January 31, 2018. All remaining fact discovery, including depositions, shall be completed no later than April 20, 2018. All discovery must be completed no later than April 20, 2018. Judge Moses will conduct a status conference on Friday, April 6, 2018. The parties have stated that the anticipated length of trial is 5 days. The parties have not requested a jury trial. The Clerk of Court is respectfully directed to mail a copy of this Order to plaintiff. (As further set forth in this Order.) Motions due by 1/31/2018. Deposition due by 4/20/2018. Fact Discovery due by 4/20/2019. Discovery due by 4/20/2018. (Signed by Magistrate Judge Barbara C. Moses on 1/17/2018) (cf)
January 17, 2018 Transmission to Docket Assistant Clerk. Transmitted re: #36 Case Management Plan to the Docket Assistant Clerk for case processing. (cf)
January 16, 2018 Opinion or Order Filing 35 MEMORANDUM DECISION AND ORDER adopting #29 Report and Recommendations, #21 Motion to Dismiss filed by American Eagle Outfitters, Marcle Maverson. For the reasons stated in Magistrate Judge Moses' Report, Defendants' Rule 41(b) motion is DENIED without prejudice to renew if Plaintiff fails to appear in court when required, violates any other rules or court orders, or otherwise fails to diligently to prosecute this action. Defendants' Rule 4(m) motion is also DENIED. Plaintiff is directed to complete service on Defendant Maverson/Malvoisin, and file proof of service in compliance with Rule 4(1) by January 30, 2018. The Clerk of Court is directed to close the motion at ECF No. 21. Motions terminated: #21 MOTION to Dismiss Plaintiff's #1 Amended Complaint filed by Marcle Maverson, American Eagle Outfitters. (Signed by Judge George B. Daniels on 1/16/2018) (mro) Modified on 1/19/2018 (mro). Modified on 3/2/2018 (mro).
January 8, 2018 Filing 34 LETTER addressed to Magistrate Judge Barbara C. Moses from S. Jeanine Conley dated January 8, 2018 re: Plaintiffs January 2, 2018 correspondence regarding (i) a motion to remand this action to state court pursuant to 28 U.S.C. 1447, and/or (ii) a motion for leave to amend pursuant to Fed. R. Civ. P. 15(a) (2).. Document filed by American Eagle Outfitters, Marcle Maverson. (Attachments: #1 Exhibit A)(Conley, Sylvia)
January 3, 2018 Filing 33 LETTER addressed to Magistrate Judge Barbara C. Moses from Gilbert Lau, dated 1/3/18 re: LETTER MOTION FOR AN EXTENSION TO SERVED RE SERVE-FRIST STATE COURT AMENDED COMPLAINT ON DEFENDANT MARCLE MARVERSON AND FOR AN EXTENSION TO SERVED FIRST FEDERAL COURT AMENDED COMPLAINT AND FURTHER FOR BY ASKING THE COURT AND SPEAKING ABOUT IN THE SCHEDULED CASE MANAGEMENT CONFERENCE ABOUT LEAVE TO FILE AN AMENDED COMPLAINT WITH THE STATE THAT WAS PROPERLY INCLUDED WHEN THE CASE WAS REMOVED. Document filed by Gilbert Lau.(sc)
January 3, 2018 Opinion or Order Filing 32 ORDER: The Court has received and reviewed plaintiff's submission filed January 2, 2018 (Dkt. No. 31 ), which the Court construes as a request for a pre-motion conference regarding (i) a motion to remand this action to state court pursuant to 28 U.S.C. 1447, and/or (ii) a motion for leave to amend pursuant to Fed. R. Civ. P. 15(a) (2). Defendants' response, if any, shall be filed no later than Monday, January 8, 2018. There shall be no reply. It is the Court's intention to address the issues raised in plaintiffs January 2 submission at the conference on January 17, 2018. (Responses due by 1/8/2018) (Signed by Magistrate Judge Barbara C. Moses on 1/3/2018) (js)
January 2, 2018 Filing 31 LETTER addressed to Judge George B. Daniels from Gilbert Lau, dated 12/29/17 re: LETTER MOTION FOR REMAND BACK TO STATE COURT FROM FEDERAL COURT PURS. TO 28:1447 ETC. Document filed by Gilbert Lau.(sc)
December 1, 2017 Filing 30 LETTER addressed to Magistrate Judge Barbara C. Moses from Gilbert Lau, re: LETTER MOTION TO "ACCEPT OR LEVEN TO FILED A PHOTOCOPIED AND FACSIMILE SIGNATURES ON THIS HAVE THE FULL & EFFECT OF ORIGINALS BE ACCEPTABLE BY THE PRO SE OR THE COURT CLERK BASED ON PLAINTIFF PRIOR STATED LEAVING THE COUNTRY" AND COMBINED LETTER MOTION TO REQUEST A CASE MANAGEMENT BY TELEPHONE CONFERENCE BETWEEN THE UNITED STATES MAGISTRATE JUDGE HON. BARBARA MOSES, PLAINTIFF PRO SE GILBERT LAU, THE DEFENDANTS' LEGAL COUNSEL ETC. Document filed by Gilbert Lau.(sc)
December 1, 2017 Opinion or Order Filing 29 REPORT AND RECOMMENDATION TO THE HONORABLE GEORGE B. DANIELS re: #21 MOTION to Dismiss Plaintiff's #1 Amended Complaint filed by Marcle Maverson, American Eagle Outfitters. For the reasons set forth below, I respectfully recommend that the Rule 41 (b) motion be DENIED without prejudice to renewal if plaintiff Gilbert Lau once again fails to appear in court when required, violates any other rules or court orders, or otherwise fails diligently to prosecute this action. I further recommend that the Rule 4(m) motion be DENIED insofar as it seeks the dismissal of plaintiff's claims against Maverson/Malvoisin (hereafter the Individual Defendant), but that the plaintiff be directed to complete service on that defendant, and file a proof of service in compliance with Rule 4(1), within 60 days of today's date. (As further set forth in this Order.) Objections to R&R due by 12/15/2017 (Signed by Magistrate Judge Barbara C. Moses on 12/1/2017) (cf)
December 1, 2017 Opinion or Order Filing 28 ORDER: Plaintiff's request for an extension of time to respond to defendants' motion to dismiss is DENIED. That motion is now fully briefed. Plaintiff's request to reschedule the initial case management and scheduling conference is GRANTED. However, the Court is not available on January 8, 2017. It is hereby ORDERED that the conference will take place on January 17, 2018, at 10:00 a.m., in Courtroom 20A, 500 Pearl Street, New York, NY 10007. The Court notes that Mr. Lau has consented to electronic service (Dkt. No. 16), and therefore will receive prompt notice of this Order, and other documents filed on ECF, wherever he has email access. (As further set forth in this Order.) (Initial Conference set for 1/17/2018 at 10:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 12/1/2017) (cf)
December 1, 2017 Filing 27 LETTER addressed to Magistrate Judge Barbara C. Moses from S. Jeanine Conley dated December 1, 2017 re: Plaintiff's Letter Motion and Affirmation in Support dated November 17, 2017. Document filed by American Eagle Outfitters, Marcle Maverson.(Conley, Sylvia)
November 27, 2017 Filing 26 LETTER addressed to Magistrate Judge Barbara C. Moses from Ivie A. Guobadia dated November 27, 2017 re: Gilbert Lau v. American Eagle Outfitters. Document filed by American Eagle Outfitters, Marcle Maverson. (Attachments: #1 Exhibit Email, #2 Exhibit Attachment to Email, #3 Exhibit Attachment to Email)(Guobadia, Ivie)
November 22, 2017 Filing 25 AFFIDAVIT OF SERVICE of Affirmation in Support of the Letter Motion of the Plaintiff Lau and annexed exhibits; served on American Eagle Outfitters, Marcle Marverson and John Doe or Jane Doe as known as Director of Human Resources by Sylvia Jeanine Conley, Esq. and Ivie A. Guobadia, Esq. on 11/18/17. Service was accepted by email to Iguobadia@little.com and jconley@littler.com. Document filed by Gilbert Lau. (sc)
November 10, 2017 Filing 24 CERTIFICATE OF SERVICE of Defendant's Motion To Dismiss served on Gilbert Lau on November 10, 2017. Service was made by Mail. Document filed by American Eagle Outfitters, Marcle Maverson. (Guobadia, Ivie)
November 10, 2017 Filing 23 AFFIDAVIT of S. Jeanine Conley in Support re: #21 MOTION to Dismiss Plaintiff's #1 Amended Complaint.. Document filed by American Eagle Outfitters, Marcle Maverson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Conley, Sylvia)
November 10, 2017 Filing 22 MEMORANDUM OF LAW in Support re: #21 MOTION to Dismiss Plaintiff's #1 Amended Complaint. . Document filed by American Eagle Outfitters, Marcle Maverson. (Conley, Sylvia)
November 10, 2017 Filing 21 MOTION to Dismiss Plaintiff's #1 Amended Complaint. Document filed by American Eagle Outfitters, Marcle Maverson.(Conley, Sylvia)
November 7, 2017 Filing 20 LETTER addressed to Magistrate Judge Barbara C. Moses from Gilbert Lau, dated 11/7/17 re: Plaintiff requests that the Court reschedule the case management conference to 1/8/18, and the following issues be discussed at the conference: 1) Pre-motion conference to remand the case to State Court; Pre-motion conference for a travers trial hearing etc.; and request for leave to file an amended complaint which reflects and updates the amended complaint originally filed with the State Court that was not properly included when the case was removed. Document filed by Gilbert Lau.(sc)
November 6, 2017 Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Case Management Conference held on 11/6/2017. (Snell, Kevin)
November 1, 2017 Filing 19 CERTIFICATE OF SERVICE of Order served on Gilbert Lau on November 1, 2017. Service was made by E-MAIL. Document filed by American Eagle Outfitters, Marcle Maverson. (Guobadia, Ivie)
November 1, 2017 Opinion or Order Filing 18 ORDER. As a courtesy to Mr. Lau, the Court will reschedule the conference from November 8 to Monday, November 6, 2017, at 1:30 p.m., in Courtroom 20A, 500 Pearl Street, New York, NY. This is the day before Mr. Lau now claims he will be leaving the country. All parties must appear at the conference, and as further set forth in this Order. The Clerk of the Court is respectfully directed to mail a copy of this order to plaintiff. So ordered. (Case Management Conference set for 11/6/2017 at 01:30 PM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 10/31/2017) (rjm)
November 1, 2017 Transmission to Docket Assistant Clerk. Transmitted re: #18 Order Set Hearings to the Docket Assistant Clerk for case processing. (rjm)
November 1, 2017 Mailed a copy of #18 Order, Set Hearings, to Gilbert Lau, 150 E. 37th Street, Apt. 5G New York, NY 10016. (rro)
October 30, 2017 Filing 17 LETTER addressed to Magistrate Judge Barbara C. Moses from Gilbert Lau, dated 10/26/17 re: LETTER REQUEST FOR AN ADJOURNMENT. Document filed by Gilbert Lau.(sc)
October 30, 2017 Filing 16 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Gilbert Lau consents to receive electronic service via the ECF system. Document filed by Gilbert Lau.(sc)
August 30, 2017 Filing 15 CERTIFICATE OF SERVICE of Letter served on Gilbert Lau on August 25, 2017. Service was made by MAIL and EMAIL. Document filed by American Eagle Outfitters, Marcle Maverson. (Guobadia, Ivie)
August 29, 2017 Opinion or Order Filing 14 AMENDED ORDER SCHEDULING CASE MANAGEMENT AND SCHEDULING CONFERENCE granting #12 Letter Motion to Adjourn Conference. The Initial Case Management and Scheduling Conference currently scheduled for September 13, 2017 is hereby adjourned to Wednesday, November 8, 2017, at 10:00 a.m, in Courtroom 9A, 500 Pearl Street, New York, New York. The Clerk of the Court is respectfully directed to mail a copy of this order to plaintiff. (As further set forth in this Order.) Case Management Conference set for 11/8/2017 at 10:00 AM in Courtroom 9A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses. (Signed by Magistrate Judge Barbara C. Moses on 8/29/2017) (cf)
August 29, 2017 Transmission to Docket Assistant Clerk. Transmitted re: #14 Order to the Docket Assistant Clerk for case processing. (cf)
August 29, 2017 Mailed a copy of #14 Order on Motion to Adjourn Conference, to Gilbert Lau 150 E. 37th Street Apt. 5G New York, NY 10016. (jgo)
August 28, 2017 Filing 13 LETTER addressed to Judge George B. Daniels from Gilbert Lau, re: (LETTER MOTION FOR ADJOURNMENT TO A DATE IN NOVEMBER, NOVEMBER 8, 2017) -Plaintiff requests adjournment of time for the General Pretrial Conference, order scheduling and scheduling conference. Document filed by Gilbert Lau.(sc)
August 25, 2017 Filing 12 LETTER MOTION to Adjourn Conference Scheduled for Septemeber 13, 2017 addressed to Magistrate Judge Barbara C. Moses from Jeanine Conley dated August 25, 2017. Document filed by American Eagle Outfitters, Marcle Maverson.(Conley, Sylvia)
August 24, 2017 Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Eagle Outfitters, Marcle Maverson.(Guobadia, Ivie)
August 24, 2017 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Notice to Attorney Ivie A. Guobadia to RE-FILE Document #4 Rule 7.1 Corporate Disclosure Statement,. (Wrong Filer Listed on the PDF) (lb)
August 18, 2017 Filing 10 NOTICE OF APPEARANCE by Sylvia Jeanine Conley on behalf of American Eagle Outfitters, Marcle Maverson. (Conley, Sylvia)
August 17, 2017 Filing 9 ANSWER to Complaint. Document filed by American Eagle Outfitters, Marcle Maverson.(Guobadia, Ivie)
August 15, 2017 Mailed a copy of #7 Order, Set Hearings, to Gilbert Lau 150 East 37th Street, Apt 5G, New York, NY 10016. (jgo)
August 14, 2017 Opinion or Order Filing 7 ORDER SCHEDULING CASE MANAGEMENT AND SCHEDULING CONFERENCE: It is hereby ORDERED that an initial scheduling and case management conference will be held in accordance with Fed. R. Civ. P. 16 on Wednesday, September 13, 2017, at 10:30 a.m., in Courtroom 9A, 500 Pearl Street, New York, New York. All parties must appear at this conference. Please plan to arrive at the courthouse early enough to clear security, so that the conference can begin promptly. No other matters are scheduled in Judge Moses's court at that time. It is further ORDERED that each party confer with all other parties to make sure that all parties, or their attorneys, have a copy of this Order and can attend the conference. If any party needs to change the date of the conference, that party must make the request, by letter, as soon as the need for a different date is known. Please see Part II.A of Judge Moses's Individual Practices for a description of what information must be contained in that letter. It is further ORDERED that the parties come to the conference prepared to discuss the following subjects set forth in this order.The Clerk of the Court is respectfully directed to mail a copy of this order to Plaintiff. So Ordered. for:( Case Management Conference set for 9/13/2017 at 10:30 AM in Courtroom 9A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 8/14/2017) (js)
August 14, 2017 Transmission to Docket Assistant Clerk. Transmitted re: #7 Order,,,,,, Set Hearings,,,,,, to the Docket Assistant Clerk for case processing. (js)
August 14, 2017 Opinion or Order Filing 6 ORDER OF REFERENCE TO A 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 Barbara C. Moses. SO ORDERED. (Signed by Judge George B. Daniels on 8/14/2017) (ama)
August 14, 2017 Opinion or Order Filing 5 PRO SE PRETRIAL: Pro se Plaintiff and counsel for all parties are hereby notified that this case is referred to Magistrate Barbara C. Moses, for the purposes of Case Management and Scheduling pursuant to Federal Rule Civil Procedure 16. You are directed to furnish all attorneys in this action with copies of this order and enclosures. If you are unaware of the identity of counsel for any of the parties, you must send a copy of the notice and rules to that party personally. All correspondence to the Court should be addressed to the chambers of Magistrate Judge Barbara C. Moses. Any procedural questions by Pro Se plaintiff should be addressed to the Office of Pro Se Intake Unit at (212) 805-0175. SO ORDERED. (Signed by Judge George B. Daniels on 8/14/2017) (ama)
August 11, 2017 Filing 4 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Marcle Maverson, American Eagle Outfitters.(Guobadia, Ivie) Modified on 8/24/2017 (lb).
August 11, 2017 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Ivie A. Guobadia. The following case opening statistical information was erroneously selected/entered: Dollar Demand $900,000,000,000; County code Albany. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $9,999,000; the County code has been modified to New York. (kl)
August 11, 2017 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge George B. Daniels. 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)
August 11, 2017 Case Designated ECF. (kl)
August 11, 2017 Magistrate Judge Barbara C. Moses 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. (kl)
August 10, 2017 Filing 3 NOTICE OF APPEARANCE by Ivie A. Guobadia on behalf of Marcle Maverson, American Eagle Outfitters. (Guobadia, Ivie)
August 10, 2017 Filing 2 CIVIL COVER SHEET filed. (Guobadia, Ivie)
August 10, 2017 Filing 1 NOTICE OF REMOVAL from Supreme Court of NY County of New York, County of New York. Case Number: 101978-16. (Filing Fee $ 400.00, Receipt Number 0208-14003871).Document filed by American Eagle Outfitters, Marcle Maverson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Guobadia, Ivie)

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Defendant: American Eagle Outfitters
Represented By: Ivie A. Guobadia
Represented By: Sylvia Jeanine Conley
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Defendant: Marcle Maverson
Represented By: Ivie A. Guobadia
Represented By: Sylvia Jeanine Conley
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Plaintiff: Gilbert Lau
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