Mendez v. Outback Steakhouse of Florida, LLC
| Himelda Mendez |
| Outback Steakhouse of Florida, LLC |
| The Retail Litigation Center, Inc., National Retail Federation, Restaurant Law Center, National Association of Theater Owners and Retail Gift Card Association |
| 1:2019cv09858 |
| October 24, 2019 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 17, 2020. A more recent docket listing may be available from PACER.
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| Filing 34 CLERK'S JUDGMENT re: #33 Order in favor of Outback Steakhouse of Florida, LLC against Himelda Mendez. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated August 14, 2020, the Court granted Defendant's motion to dismiss on July 23, 2020. The Court instructed Plaintiff that if she wished to request leave to file a second amended complaint, she must do so on or before August 13, 2020. If she chose not to seek leave to amend, she was directed to so indicate in a letter filed by the same date. The Court instructed that if she filed nothing by August 13, 2020, the Court would enter final judgment and direct the Clerk of Court to close this case, permitting an appeal." As of the date of the Order, Plaintiff has not requested leave to file a second amended complaint. Nor has she filed a letter indicating her choice not to seek leave to amend. This case is therefore dismissed with prejudice; accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 8/17/2020) (Attachments: #1 Right to Appeal) (km) |
Filing 33
ORDER: Plaintiff Himelda Mendez commenced this action on October 24, 2019. (Dkt. No. 1.) On July 23, 2020, the Court granted Defendant's motion to dismiss. (Dkt. No. 32.) The Court instructed Plaintiff that if she wished to request leave to file a second amended complaint, she must do so on or before August 13, 2020. (Dkt. No. 32 at 9.) If she chose not to seek leave to amend, she was directed to so indicate in a letter filed by the same date. (Id.) The Court instructed that if she filed nothing by August 13, 2020, the Court [would] enter final judgment and direct the Clerk of Court to close this case, permitting an appeal." (Id.) As of the date of this Order, Plaintiff has not requested leave to file a second amended complaint. Nor has she filed a letter indicating her choice not to seek leave to amend. This case is therefore dismissed with prejudice. The Clerk is directed to enter judgment in favor of Defendant and to terminate the case. So Ordered. (Signed by Judge J. Paul Oetken on 8/14/2020) (js) Transmission to Orders and Judgments Clerk for processing.
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Filing 32
OPINION AND ORDER re: #16 MOTION to Dismiss Plaintiff's First Amended Class Action Complaint. filed by Outback Steakhouse of Florida, LLC. For the foregoing reasons, Defendant's motion to dismiss for failure to state a claim is GRANTED. Plaintiff may file a letter motion requesting leave to file a second amended complaint, provided that she does so on or before August 13, 2020. If she chooses not to seek leave to amend, she is directed to so indicate in a letter filed by the same date. If Plaintiff chooses not to amend, or does not file a letter within the indicated time limit, the Court will enter final judgment and direct the Clerk of Court to close this case, permitting an appeal. The Clerk of Court is directed to close the motion at Docket Number 16. So Ordered. (Signed by Judge J. Paul Oetken on 7/23/2020) (js) Transmission to Orders and Judgments Clerk for processing.
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| Filing 31 NOTICE of Supplemental Authority (Second Notice). Document filed by Outback Steakhouse of Florida, LLC. (Attachments: #1 Exhibit A - Taco Bell Decision, #2 Exhibit B - Vineyard Vines Decision, #3 Exhibit C - Darden Decision, #4 Exhibit D - Williams-Sonoma Decision).(Van Hoose Garofalo, Amanda) |
| Filing 30 RESPONSE to Motion re: #16 MOTION to Dismiss Plaintiff's First Amended Class Action Complaint. Response to Defendants supplemental letter. Document filed by Himelda Mendez..(Marks, Bradly) |
| Filing 29 NOTICE of Supplemental Authority. Document filed by Outback Steakhouse of Florida, LLC. (Attachments: #1 Exhibit A- Opinion).(Van Hoose Garofalo, Amanda) |
| Filing 28 RESPONSE in Opposition to Motion re: #19 LETTER MOTION to File Amicus Brief addressed to Judge J. Paul Oetken from A. Owen Glist dated Feb. 24, 2020. Opposition to Amicus Brief. Document filed by Himelda Mendez. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Marks, Bradly) |
| Filing 27 REPLY MEMORANDUM OF LAW in Support re: #16 MOTION to Dismiss Plaintiff's First Amended Class Action Complaint. . Document filed by Outback Steakhouse of Florida, LLC..(Van Hoose Garofalo, Amanda) |
| Filing 26 NOTICE of Filing Amicus Brief re: 25 Order on Motion to File Amicus Brief,. Document filed by National Association of Theater Owners, National Retail Federation, Restaurant Law Center, Retail Gift Card Association, The Retail Litigation Center, Inc...(Glist, Adam) |
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Filing 25
ORDER granting #19 Letter Motion to File Amicus Brief. GRANTED. MOVANTS ARE GRANTED LEAVE TO FILE THE BRIEF ACCOMPANYING THEIR LETTER MOTION AS AN AMICI CURIAE BRIEF. PLAINTIFF AND DEFENDANT SHALL FILE THEIR RESPONSES, IF ANY, ON OR BEFORE MARCH 13, 2020, WITH SUCH RESPONSIVE BRIEFS NOT TO EXCEED TEN PAGES. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order)(bh) Modified on 3/3/2020 (Landers, Rigoberto).
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Filing 24
ORDER granting #22 Letter Motion for Extension of Time to File Response/Reply re #16 MOTION to Dismiss Plaintiff's First Amended Class Action Complaint. Replies due by 3/12/2020. GRANTED. DEFENDANT SHALL FILE ITS REPLY PAPERS, IF ANY, ON OR BEFORE MARCH 12, 2020. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Park, Isaac)
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| Filing 23 LETTER REPLY to Response to Motion addressed to Judge J. Paul Oetken from A. Owen Glist dated March 2, 2020 re: #19 LETTER MOTION to File Amicus Brief addressed to Judge J. Paul Oetken from A. Owen Glist dated Feb. 24, 2020. . Document filed by National Association of Theater Owners, National Retail Federation, Restaurant Law Center, Retail Gift Card Association, The Retail Litigation Center, Inc...(Glist, Adam) |
| Filing 22 LETTER MOTION for Extension of Time to File Response/Reply to Plaintiff's Memorandum of Law in Opposition to Defendant's Motion to Dismiss addressed to Judge J. Paul Oetken from Amanda L. Van Hoose Garofalo dated March 2, 2020. Document filed by Outback Steakhouse of Florida, LLC..(Van Hoose Garofalo, Amanda) |
| Filing 21 FIRST MEMORANDUM OF LAW in Opposition re: #16 MOTION to Dismiss Plaintiff's First Amended Class Action Complaint. . Document filed by Himelda Mendez. (Attachments: #1 Exhibit A - Gift Card, #2 Exhibit B- NYC ID, #3 Exhibit C - Federal Gift Card Law, #4 Exhibit D - State Gift Card Law, #5 Exhibit E - Paulson Case - US currency must be accessible).(Marks, Bradly) |
| Filing 20 FIRST MEMORANDUM OF LAW in Opposition re: #19 LETTER MOTION to File Amicus Brief addressed to Judge J. Paul Oetken from A. Owen Glist dated Feb. 24, 2020. . Document filed by Himelda Mendez..(Marks, Bradly) |
| Filing 19 LETTER MOTION to File Amicus Brief addressed to Judge J. Paul Oetken from A. Owen Glist dated Feb. 24, 2020. Document filed by National Association of Theater Owners, National Retail Federation, Restaurant Law Center, Retail Gift Card Association, The Retail Litigation Center, Inc.. (Attachments: #1 [Proposed] amici curiae brief).(Glist, Adam) |
| Filing 18 NOTICE OF APPEARANCE by Adam Owen Glist on behalf of The Retail Litigation Center, Inc., Restaurant Law Center, National Retail Federation, Retail Gift Card Association, National Association of Theater Owners..(Glist, Adam) |
| Filing 17 MEMORANDUM OF LAW in Support re: #16 MOTION to Dismiss Plaintiff's First Amended Class Action Complaint. . Document filed by Outback Steakhouse of Florida, LLC..(Van Hoose Garofalo, Amanda) |
| Filing 16 MOTION to Dismiss Plaintiff's First Amended Class Action Complaint. Document filed by Outback Steakhouse of Florida, LLC..(Van Hoose Garofalo, Amanda) |
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Filing 15
ORDER granting #12 Motion to Appear Pro Hac Vice; granting #14 Motion to Appear Pro Hac Vice. GRANTED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh)
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| Filing 14 MOTION for Joyce Ackerbaum Cox to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18758730. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Outback Steakhouse of Florida, LLC. (Attachments: #1 Affidavit in Support, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Ackerbaum Cox, Joyce) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for Joyce Ackerbaum Cox to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18758730. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 13 FIRST AMENDED COMPLAINT amending #1 Complaint against Outback Steakhouse of Florida, LLC with JURY DEMAND.Document filed by Himelda Mendez. Related document: #1 Complaint..(Marks, Bradly) |
| Filing 12 MOTION for Erin Michelle Sales to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18731648. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Outback Steakhouse of Florida, LLC. (Attachments: #1 Affidavit of Erin M. Sales in Support to Admit Counsel Pro Hac Vice, #2 Certificate of Good Standing from the Supreme Court of Florida, #3 Text of Proposed Order).(Sales, Erin) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Erin Michelle Sales to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18731648. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea) |
| Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent OSI Restaurant Partners, LLC, Corporate Parent Bloomin' Brands, Incorporated for Outback Steakhouse of Florida, LLC. Document filed by Outback Steakhouse of Florida, LLC.(Van Hoose Garofalo, Amanda) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Amanda L Van Hoose Garofalo to RE-FILE Document #8 Rule 7.1 Corporate Disclosure Statement,. ERROR(S): Not All Corporate Parents were added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb) |
| Filing 10 MEMORANDUM OF LAW in Support re: #9 MOTION to Dismiss the Class Action Complaint. . Document filed by Outback Steakhouse of Florida, LLC. (Van Hoose Garofalo, Amanda) |
| Filing 9 MOTION to Dismiss the Class Action Complaint. Document filed by Outback Steakhouse of Florida, LLC.(Van Hoose Garofalo, Amanda) |
| Filing 8 FILING ERROR NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Bloomin' Brands, Inc. for Outback Steakhouse of Florida, LLC. Document filed by Outback Steakhouse of Florida, LLC.(Van Hoose Garofalo, Amanda) Modified on 1/27/2020 (lb). |
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Filing 7
ORDER granting #6 Letter Motion for Extension of Time to Answer Outback Steakhouse of Florida, LLC answer due 1/24/2020. GRANTED. DEFENDANT OUTBACK STEAKHOUSE OF FLORIDA, LLC SHALL ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT ON OR BEFORE JANUARY 24, 2020. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Park, Isaac)
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| Filing 6 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge J. Paul Oetken from Amanda L. Van Hoose Garofalo dated December 10, 2019. Document filed by Outback Steakhouse of Florida, LLC.(Van Hoose Garofalo, Amanda) |
| Filing 5 AFFIDAVIT OF SERVICE. Outback Steakhouse of Florida, LLC served on 11/20/2019, answer due 12/11/2019. Service was accepted by NANCY DOUGHERTY, LEGAL CLERK. Document filed by Himelda Mendez. (Marks, Bradly) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Outback Steakhouse of Florida, LLC. (pne) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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. (pne) |
| Magistrate Judge Katharine H. Parker 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. (pne) |
| Case Designated ECF. (pne) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Outback Steakhouse of Florida, LLC, re: #1 Complaint. Document filed by Himelda Mendez. (Marks, Bradly) |
| Filing 2 CIVIL COVER SHEET filed. (Marks, Bradly) |
| Filing 1 COMPLAINT against Outback Steakhouse of Florida, LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-17830885)Document filed by Himelda Mendez.(Marks, Bradly) |
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