Fox et al v. Starbucks Corporation

Plaintiff: Jill Shwiner, Rafael Fox and Paul D'Auria
Defendant: Starbucks Corporation
Case Number: 1:2019cv04650
Filed: May 21, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Alison J Nathan
Nature of Suit: P.I.: Other
Cause of Action: 28:1391
Jury Demanded By: Plaintiff

Docket Report

This docket was last retrieved on July 16, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 16, 2019 Opinion or Order Filing 17 ORDER re: #14 MOTION to Dismiss . filed by Starbucks Corporation. July 12, 2019, Defendant Starbucks Corporation filed a partial motion to dismiss. Pursuant to Rule 3.F of this Court's Individual Practices in Civil Cases, on or before July 22, 2019, Plaintiff must notify the Court and its adversary in writing whether (1) it intends to file an amended pleading and when it will do so or (2) it will rely on the pleading being attacked. Plaintiff is on notice that declining to amend its pleadings to timely respond to a fully briefed argument in the Defendant's July 12 motion to dismiss may well constitute a waiver of the Plaintiffs right to use the amendment process to cure any defects that have been made apparent by the Defendant's briefing. See Loreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec., LLC., 797 F.3d 160, 190 (2d Cir. 2015) (leaving "unaltered the grounds on which denial of leave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility"). If Plaintiff chooses to amend, Defendant may then (a) file an answer; (b) file a new motion to dismiss; or (c) submit a letter stating that it relies on the initially-filed motion to dismiss. Nothing in this Order alters the time to amend, answer or move provided by the Federal Rules of Civil Procedure or Local Rules. SO ORDERED. (Signed by Judge Alison J. Nathan on 7/15/2019) (kv)
July 12, 2019 Filing 16 DECLARATION of A. Michael Weber in Support re: #14 MOTION to Dismiss .. Document filed by Starbucks Corporation. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Certificate of Workers Compensation Insurance Coverage, #3 Exhibit C - Excerpt from C.A.F.E. Practices Verifier & Inspection Operations Manual)(Weber, A)
July 12, 2019 Filing 15 MEMORANDUM OF LAW in Support re: #14 MOTION to Dismiss . . Document filed by Starbucks Corporation. (Weber, A)
July 12, 2019 Filing 14 MOTION to Dismiss . Document filed by Starbucks Corporation. Responses due by 7/26/2019(Weber, A)
July 12, 2019 Filing 13 ANSWER to #1 Complaint. Document filed by Starbucks Corporation.(Weber, A)
June 12, 2019 Opinion or Order Filing 12 NOTICE OF INITIAL PRETRIAL CONFERENCE: Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference. (As further set forth in this Order.) Initial Conference set for 9/13/2019 at 03:00 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 6/12/2019) (jca)
May 31, 2019 Opinion or Order Filing 11 ORDER granting #10 Letter Motion for Extension of Time to Answer re #1 Complaint. SO ORDERED. Starbucks Corporation answer due 7/12/2019. (Signed by Judge Alison J. Nathan on 5/31/2019) (kv)
May 28, 2019 Filing 10 LETTER MOTION for Extension of Time to File Answer Or Otherwise Respond to Complaint addressed to Judge Alison J. Nathan from Michael Weber dated May 28, 2019. Document filed by Starbucks Corporation.(Weber, A)
May 28, 2019 Filing 9 NOTICE OF APPEARANCE by A Michael Weber on behalf of Starbucks Corporation. (Weber, A)
May 28, 2019 Filing 8 NOTICE OF APPEARANCE by Joseph Eric Field on behalf of Starbucks Corporation. (Field, Joseph)
May 28, 2019 Filing 7 NOTICE OF APPEARANCE by Devjani Mishra on behalf of Starbucks Corporation. (Mishra, Devjani)
May 24, 2019 Filing 6 AFFIDAVIT OF SERVICE of Summons and Complaint. Starbucks Corporation served on 5/24/2019, answer due 6/14/2019. Service was accepted by A. Michael Weber, Esq. (Littler LLP). Service was made by Email (by consent). Document filed by Rafael Fox; Jill Shwiner; Paul D'Auria. (Graff, Ariel)
May 23, 2019 Filing 5 ELECTRONIC SUMMONS ISSUED as to Starbucks Corporation. (dnh)
May 22, 2019 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Starbucks Corporation d/b/a Starbucks Coffee Company, re: #1 Complaint. Document filed by Paul D'Auria, Rafael Fox, Jill Shwiner. (Graff, Ariel)
May 22, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Ariel Yigal Graff to RE-FILE Document No. #3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): Court name is not on the PDF;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo)
May 22, 2019 Case Designated ECF. (jgo)
May 22, 2019 Magistrate Judge Sarah Netburn 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)
May 22, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. 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)
May 22, 2019 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Ariel Yigal Graff. The following case opening statistical information was erroneously selected/entered: Cause of Action code 42:1396;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1391;. (jgo)
May 21, 2019 Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Starbucks Corporation, re: #1 Complaint. Document filed by Paul D'Auria, Rafael Fox, Jill Shwiner. (Graff, Ariel) Modified on 5/22/2019 (jgo).
May 21, 2019 Filing 2 CIVIL COVER SHEET filed. (Graff, Ariel)
May 21, 2019 Filing 1 COMPLAINT against Starbucks Corporation. (Filing Fee $ 400.00, Receipt Number ANYSDC-16922337)Document filed by Rafael Fox, Jill Shwiner, Paul D'Auria. (Attachments: #1 Appendix A)(Graff, Ariel)

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Plaintiff: Jill Shwiner
Represented By: Ariel Yigal Graff
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Plaintiff: Rafael Fox
Represented By: Ariel Yigal Graff
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Plaintiff: Paul D'Auria
Represented By: Ariel Yigal Graff
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Defendant: Starbucks Corporation
Represented By: A Michael Weber
Represented By: Devjani Mishra
Represented By: Joseph Eric Field
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