Cooper v. Upstairs, Downstairs of New York, Inc. et al
| MARK COOPER |
| UPSTAIRS, DOWNSTAIRS OF NEW YORK, INC., MICHAEL GRUMMONS, ROBERT DEBENEDICITS and PAUL GALLUCCIO |
| 1:2018cv06426 |
| July 17, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| NewYork |
| Gregory H Woods |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 |
| Plaintiff |
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Filing 18
ORDER granting in part and denying in part #17 Letter Motion for Conference. Application granted in part and denied in part. On August 20, 2018 Defendant's requested a pre-motion conference to discuss their potential motion to dismiss. Dkt. No. 9. That conference was held on August 24, 2018. On August 24, 2018, for reasons stated at the conference, the Court accepted the withdrawal of Defendants' request for leave to file a motion to dismiss, and wrote that "Defendant's may renew their request for leave to file a motion to dismiss by letter... [t]he Court will not require an additional pre-motion conference to discuss Defendants' potential renewed motion to dismiss." Dkt. No. 15. Accordingly, to the extent that this letter requests leave to file a motion to dismiss, the application is GRANTED. Defendants must file their motion no later than September 21, 2018. Any opposition must be filed no later than three weeks after the filing of the motion to dismiss. Defendant's reply, if any, must be filed no later than one week after the filing of Plaintiff's opposition. To the extent that this letter requests a pre-motion conference regarding a potential motion for sanctions under Federal Rule of Civil Procedure 11, or leave to file such a motion, the application is DENIED. Rule 11(c)(2) explains that a motion for sanctions "must be served under Rule 5, but it must not be filed or be presented to the court if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the court sets." The Court expresses no opinion on the adequacy of the correspondence filed at docket numbers 17-1 and 17-2 under Rule 11(c)(2), but notes that Plaintiff's amended complaint was filed on August 31, 2018, (Dkt. No. 16). Accordingly, the Court's involvement in any Rule 11 motion practice related to the amended complaint is premature at this time. SO ORDERED. (Signed by Judge Gregory H. Woods on 9/7/2018) (anc)
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| Set/Reset Deadlines: Motions due by 9/21/2018. (anc) |
| Filing 17 SECOND LETTER MOTION for Conference on Rule 11 Sanctions Motion and 12(b)(6) Motion to Dismiss as to Defendants Galluccio & Debenedictis addressed to Judge Gregory H. Woods from Thomas D. Shanahan dated September 6, 2018. Document filed by Robert Debenedicits, Paul Galluccio, Michael Grummons, Upstairs, Downstairs of New York, Inc.. (Attachments: #1 Exhibit Letter of Shanahan to Cabeceiras, #2 Exhibit Letter of Cabeceiras to Shanahan)(Shanahan, Thomas) |
| Filing 16 AMENDED COMPLAINT amending #1 Complaint against Robert Debenedicits, Paul Galluccio, Michael Grummons, Upstairs, Downstairs of New York, Inc. with JURY DEMAND.Document filed by Mark Cooper. Related document: #1 Complaint.(Cabeceiras, Alexander) |
| Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 8/24/2018. (Daniels, Anthony) |
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Filing 15
ORDER withdrawing #11 Motion for Conference; withdrawing #12 Motion for Conference. As stated on the record during a teleconference held on August 24, 2018, Plaintiff is granted leave to file an amended complaint. Should Plaintiff elect to amend his complaint, the amended complaint must be submitted no later than August 31, 2018. The Court understands that Defendants have withdrawn their request for leave to file a motion to dismiss at this time. Defendants may renew their request for leave to file a motion to dismiss by letter, in accordance with the Court's Individual Rule 3(D). The Court will not require an additional pre-motion conference to discuss Defendants' potential-renewed motion to dismiss. The Clerk of Court is directed to withdraw the motions pending at Dkt. Nos. 11 and 12. (Signed by Judge Gregory H. Woods on 8/24/2018) (mro) Modified on 8/27/2018 (mro).
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| Set/Reset Deadlines: Amended Pleadings due by 8/31/2018. (mro) |
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Filing 14
ORDER. On August 21, 2018 the Court granted Defendants' request for a pre-motion teleconference. Dkt. No. 10. That teleconference will be held on August 24, 2018 at 4:00 p.m. Subsequently, Defendants requested that the Court utilize a conference line and code provided by Defendants. Dkt. No. 13. That request is granted. The Court will dial into the conference line provided by Defendants at 4:00 p.m. on August 24, 2018. The parties are directed to be on the conference line prior to that time. (HEREBY ORDERED by Judge Gregory H. Woods on August 22, 2018) (Text Only Order)(Woods, Gregory)
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| Filing 13 FIRST LETTER addressed to Judge Gregory H. Woods from Thomas D. Shanahan and Alex G. Cabecerias dated August 28, 2018 re: Request to Use Conference Call Number and Code. Document filed by Robert Debenedicits, Paul Galluccio, Michael Grummons, Upstairs, Downstairs of New York, Inc..(Shanahan, Thomas) |
| Filing 12 FIRST LETTER MOTION for Conference re: 10 Order on Motion for Conference,,, Pre-Motion Conference for Motion to Dismiss on behalf of Defendants Galluccio and Debenedictis addressed to Judge Gregory H. Woods from Thomas D. Shanahan dated August 21, 2018. Document filed by Robert Debenedicits, Paul Galluccio, Michael Grummons. Return Date set for 8/24/2018 at 04:00 PM.(Shanahan, Thomas) |
| Filing 11 LETTER MOTION for Conference re: 10 Order on Motion for Conference,,, in Opposition to Defendants' Letter Motion for Conference addressed to Judge Gregory H. Woods from Alexander G. Cabeceiras, Esq. dated 8/21/2018. Document filed by Mark Cooper. (Attachments: #1 Exhibit Check to Mark Cooper)(Cabeceiras, Alexander) |
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Filing 10
ORDER granting #9 Letter Motion for Conference. Defendants' request for a pre-motion conference is granted. The Court will hold a teleconference regarding defendants' proposed motion to dismiss on August 24, 2018 at 4 p.m. The parties are directed to call Chambers (212-805-0296) at that time with all parties on the line. Counsel asserts in his letter that he represents all of the defendants in this action, however he has entered a notice of appearance only on behalf of the corporate defendant. To the extent that counsel represents any other defendants in this action, he is directed to enter a notice of appearance on behalf of those defendants promptly and in any event no later than August 24, 2018. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
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| Filing 9 FIRST LETTER MOTION for Conference re: #1 Complaint Pre-Answer Motion to Dismiss addressed to Judge Gregory H. Woods from Thomas D. Shanahan dated August 20, 2018. Document filed by Upstairs, Downstairs of New York, Inc.. Return Date set for 9/4/2018 at 09:30 AM. (Attachments: #1 Exhibit Tax Documents for Blue Ocean, #2 Exhibit Requests to Explain Blue Ocean and/or Withdraw Complaint)(Shanahan, Thomas) |
| Filing 8 AFFIDAVIT OF SERVICE. Paul Galluccio served on 7/30/2018, answer due 8/20/2018. Service was accepted by Michael Grummons. Document filed by Mark Cooper. (Cabeceiras, Alexander) |
| Filing 7 AFFIDAVIT OF SERVICE. Robert Debenedicits served on 7/30/2018, answer due 8/20/2018. Service was accepted by Michael Grummons. Document filed by Mark Cooper. (Cabeceiras, Alexander) |
| Filing 6 AFFIDAVIT OF SERVICE. Michael Grummons served on 7/30/2018, answer due 8/20/2018. Service was accepted by Michael Grummons. Document filed by Mark Cooper. (Cabeceiras, Alexander) |
| Filing 5 AFFIDAVIT OF SERVICE. Upstairs, Downstairs of New York, Inc. served on 8/1/2018, answer due 8/22/2018. Service was accepted by Robert Guyette. Document filed by Mark Cooper. (Cabeceiras, Alexander) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Robert Debenedicits, Paul Galluccio, Michael Grummons, Upstairs, Downstairs of New York, Inc.. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Alexander Gabriel Cabeceiras. The party information for the following party/parties has been modified: Mark Cooper; Upstairs, Downstairs of New York, Inc.; Michael Grummons; Robert Debenedicits; Paul Galluccio. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (jgo) |
| Magistrate Judge Debra C. Freeman 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. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to UPSTAIRS, DOWNSTAIRS OF NEW YORK, INC., MICHAEL GRUMMONS, ROBERT DEBENEDICITS, and PAUL GALLUCCIO, re: #1 Complaint. Document filed by MARK COOPER. (Cabeceiras, Alexander) |
| Filing 2 CIVIL COVER SHEET filed. (Cabeceiras, Alexander) |
| Filing 1 COMPLAINT against ROBERT DEBENEDICITS, PAUL GALLUCCIO, MICHAEL GRUMMONS, UPSTAIRS, DOWNSTAIRS OF NEW YORK, INC.. (Filing Fee $ 400.00, Receipt Number 0208-15330006)Document filed by MARK COOPER.(Cabeceiras, Alexander) |
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