Mendez v. Apple Inc.
| Himelda Mendez |
| Apple Inc. |
| 1:2018cv07550 |
| August 19, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Kings |
| Loretta A Preska |
| Richard J Sullivan |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 29, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 26 CLERK'S JUDGMENT re: #25 Order on Motion to Dismiss, Order on Motion for Leave to File Document in favor of Apple Inc. against Himelda Mendez. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated March 28, 2019, there is nothing inherently wrong with filing duplicative lawsuits against multiple defendants if the harms to be remedied do exist and are indeed identical. But those who live by the photocopier shall die by the photocopier. By failing specifically to assert any concrete injury, Plaintiff's claims fail as a matter of law. Defendant's motion to dismiss is granted, Plaintiff's motion to submit a sur-reply is denied as moot; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 3/29/2019) (Attachments: #1 Right to Appeal)(km) |
Filing 25
ORDER granting #14 Motion to Dismiss; denying as moot #21 Letter Motion for Leave to File Document: There is nothing inherently wrong with filing duplicative lawsuits against multiple defendants if the harms to be remedied do exist and are indeed identical. But those who live by the photocopier shall die by the photocopier. By failing specifically to assert any concrete injury, Plaintiff's claims fail as a matter of law. Defendant's motion to dismiss [dkt. no. 14] is granted, Plaintiff's motion to submit a sur-reply [dkt. no 21] is denied as moot, and the Clerk of Court is directed to mark this action closed and all pending motions denied as moot. (Signed by Judge Loretta A. Preska on 3/28/2019) (jwh) Transmission to Orders and Judgments Clerk for processing.
|
| Filing 24 RESPONSE to Motion re: #21 LETTER MOTION for Leave to File Sur-Reply Regarding Defendant's Motion to Dismiss addressed to Judge Loretta A. Preska from Joseph H. Mizrahi dated December 31, 2018. (Response to Plaintiff's Sur-Reply, Dkt. No. 21-1, pursuant to Dkt. No. 23). Document filed by Apple Inc.. (Friedman, Gary) |
| Filing 23 LETTER addressed to Judge Loretta A. Preska from Gary D. Friedman dated January 10, 2019 re: sur-reply and response. Document filed by Apple Inc..(Friedman, Gary) |
| Filing 22 LETTER RESPONSE to Motion addressed to Judge Loretta A. Preska from Gary D. Friedman dated January 8, 2019 re: #21 LETTER MOTION for Leave to File Sur-Reply Regarding Defendant's Motion to Dismiss addressed to Judge Loretta A. Preska from Joseph H. Mizrahi dated December 31, 2018. . Document filed by Apple Inc.. (Friedman, Gary) |
| Filing 21 LETTER MOTION for Leave to File Sur-Reply Regarding Defendant's Motion to Dismiss addressed to Judge Loretta A. Preska from Joseph H. Mizrahi dated December 31, 2018. Document filed by Himelda Mendez. (Attachments: #1 Sur-Reply)(Mizrahi, Joseph) |
| Filing 20 REPLY MEMORANDUM OF LAW in Support re: #14 MOTION to Dismiss Plaintiff's Complaint. . Document filed by Apple Inc.. (Friedman, Gary) |
| Filing 19 RESPONSE in Opposition to Motion re: #14 MOTION to Dismiss Plaintiff's Complaint. . Document filed by Himelda Mendez. (Mizrahi, Joseph) |
|
Filing 18
ORDER granting #17 Letter Motion to Adjourn Conference. Initial Conference has been adjourned sine die. The parties have jointly propose to modify slightly the remaining briefing schedule with respect to the Defendant's Motion to Dismiss. Plaintiff's response papers will be due on December 3, 2018 and Defendant's reply will be due on Monday, December 17, 2018. (Signed by Judge Loretta A. Preska on 11/21/2018) (kv)
|
| Set/Reset Deadlines: Responses due by 12/3/2018 Replies due by 12/17/2018. (kv) |
| Filing 17 LETTER MOTION to Adjourn Conference and Modify Briefing Schedule on Motion to Dismiss addressed to Judge Loretta A. Preska from Gary D. Friedman dated November 19, 2018. Document filed by Apple Inc..(Friedman, Gary) |
| Filing 16 DECLARATION of Gary D. Friedman in Support re: #14 MOTION to Dismiss Plaintiff's Complaint.. Document filed by Apple Inc.. (Attachments: #1 Exhibit A - Plaintiff's 8/19/18 Class Action Complaint)(Friedman, Gary) |
| Filing 15 MEMORANDUM OF LAW in Support re: #14 MOTION to Dismiss Plaintiff's Complaint. . Document filed by Apple Inc.. (Friedman, Gary) |
| Filing 14 MOTION to Dismiss Plaintiff's Complaint. Document filed by Apple Inc..(Friedman, Gary) |
| NOTICE OF CASE REASSIGNMENT to Judge Loretta A. Preska. Judge Richard J. Sullivan is no longer assigned to the case. (sjo) |
|
Filing 13
ORDER granting #12 Letter Motion for Extension of Time to Answer. IT IS HEREBY ORDERED THAT Defendant's time to answer or otherwise respond to the complaint is extended to November 12, 2018. IT IS FURTHER ORDERED THAT the initial conference scheduled for November 2, 2018 is adjourned to Friday, November 30, 2018 at 10:30 a.m. The parties shall submit their joint letter and proposed case management plan by November 20, 2018. (Apple Inc. answer due 11/12/2018.) (Signed by Judge Richard J. Sullivan on 10/5/2018) (anc)
|
| Set/Reset Hearings: Initial Conference set for 11/30/2018 at 10:30 AM before Judge Richard J. Sullivan. (anc) |
| Filing 12 CONSENT LETTER MOTION for Extension of Time to File Answer , move against or otherwise respond to the complaint addressed to Judge Richard J. Sullivan from Gary D. Friedman dated October 5, 2018. Document filed by Apple Inc..(Friedman, Gary) |
|
Filing 11
ORDER: Initial Conference set for 11/2/2018 at 10:30 AM in Courtroom 905, 40 Foley Square, New York, NY 10007 before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 9/6/2018) (rj)
|
|
Filing 10
ORDER granting #9 Letter Motion for Extension of Time to Answer. SO ORDERED. Apple Inc. answer due 10/11/2018. (Signed by Judge Richard J. Sullivan on 9/6/2018) (rj)
|
| Filing 9 CONSENT LETTER MOTION for Extension of Time to File Answer , move against or otherwise respond to the complaint addressed to Judge Richard J. Sullivan from Gary D. Friedman dated September 6, 2018. Document filed by Apple Inc..(Friedman, Gary) |
| Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Apple Inc..(Friedman, Gary) |
| Filing 7 NOTICE OF APPEARANCE by Allison Millie Warner on behalf of Apple Inc.. (Warner, Allison) |
| Filing 6 NOTICE OF APPEARANCE by Gary Drew Friedman on behalf of Apple Inc.. (Friedman, Gary) |
| Filing 5 SUMMONS RETURNED EXECUTED. Apple Inc. served on 8/21/2018, answer due 9/11/2018. Service was accepted by NORA DIDYNAL, Agent. Document filed by Himelda Mendez. (Mizrahi, Joseph) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Apple Inc.. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Richard J. Sullivan. 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. (sj) |
| 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. (sj) |
| Case Designated ECF. (sj) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Apple Inc., re: #1 Complaint. Document filed by Himelda Mendez. (Mizrahi, Joseph) |
| Filing 2 CIVIL COVER SHEET filed. (Mizrahi, Joseph) |
| Filing 1 COMPLAINT against Apple Inc.. (Filing Fee $ 400.00, Receipt Number 0208-15468406)Document filed by Himelda Mendez.(Mizrahi, Joseph) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Mendez v. Apple Inc. | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Himelda Mendez | |
| Represented By: | Joseph H Mizrahi |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: Apple Inc. | |
| Represented By: | Allison Millie Warner |
| Represented By: | Gary Drew Friedman |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
