Lopez v. Darden Restaurants, Inc.
Plaintiff: Victor Lopez
Defendant: Darden Restaurants, Inc. d/b/a Longhorn Steakhouse, Darden Restaurants, Inc. and Darden Restaurants, Inc. doing business as Longhorn Steakhouse
Case Number: 1:2019cv09888
Filed: October 25, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Lorna G Schofield
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: Plaintiff
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This docket was last retrieved on December 15, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 3, 2020 Opinion or Order Filing 47 NOTICE OF APPEAL from #46 Clerk's Judgment,,,. Document filed by Victor Lopez. Filing fee $ 505.00, receipt number ANYSDC-20969391. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Schreck, Daniel)
August 3, 2020 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #47 Notice of Appeal..(nd)
August 3, 2020 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #47 Notice of Appeal filed by Victor Lopez were transmitted to the U.S. Court of Appeals..(nd)
July 6, 2020 Opinion or Order Filing 46 CLERK'S JUDGMENT re: #45 Order of Dismissal in favor of Darden Restaurants, Inc. against Victor Lopez. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated July 6, 2020, the Court issued an Opinion & Order on June 18, 2020, granting Defendant's motion to dismiss the First Amended Complaint. The Opinion & Order stated that "Plaintiff may seek leave to rep lead within 14 days of the date of this Opinion." It further stated that "[i]f Plaintiff does not timely file" a letter requesting to replead, "the Court will enter final judgment of dismissal and direct the Clerk of Court to close this case." The fourteen-day deadline has passed and Plaintiff has not sought leave to replead, and this case is dismissed. Judgment is entered in favor of Defendant: accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 7/6/2020) (Attachments: #1 Right to Appeal) (km)
July 6, 2020 Opinion or Order Filing 45 ORDER: WHEREAS, the fourteen-day deadline has passed and Plaintiff has not sought leave to replead. It is hereby ORDERED that this case is dismissed. The Clerk of Court is directed to enter judgment in favor of Defendant and to close this case. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 7/3/2020) (cf) Transmission to Orders and Judgments Clerk for processing.
June 18, 2020 Opinion or Order Filing 44 OPINION AND ORDER re: #33 MOTION to Dismiss Plaintiff's First Amended Class Action Complaint. filed by Darden Restaurants, Inc. For the foregoing reasons, Defendants motion to dismiss is GRANTED. Plaintiff's letter requesting to file a SAC is due on July 2, 2020. If Plaintiff does not timely file the letter, the Court will enter final judgment of dismissal and direct the Clerk of Court to close this case. The Clerk of Court is respectfully directed to close docket no. 33. (Signed by Judge Lorna G. Schofield on 6/18/2020) (jca)
June 18, 2020 Opinion or Order Set/Reset Deadlines: Motions due by 7/2/2020. (jca)
June 15, 2020 Opinion or Order Filing 43 MEMO ENDORSEMENT on re: #42 LETTER addressed to Judge Lorna G. Schofield from Erin M. Sales dated June 12, 2020 re: Clarification of the Status of the Stay. Document filed by Darden Restaurants, Inc. ENDORSEMENT: The stay issued on June 8, 2020, remains in effect. So ordered. Case stayed. (Signed by Judge Lorna G. Schofield on 6/15/2020) (rjm)
June 12, 2020 Opinion or Order Filing 42 LETTER addressed to Judge Lorna G. Schofield from Erin M. Sales dated June 12, 2020 re: Clarification of the Status of the Stay. Document filed by Darden Restaurants, Inc...(Sales, Erin)
June 8, 2020 Opinion or Order Case Stay Lifted. (cf)
June 8, 2020 Opinion or Order Filing 41 ORDER: It is hereby ORDERED that discovery in this matter is STAYED pending the Court's adjudication of Defendant's motion to dismiss the First Amended Complaint. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 6/8/2020) (cf)
May 8, 2020 Opinion or Order Filing 40 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). All fact discovery shall be completed no later than 7/15/2020. If you have identified types of experts in question 9(a), all expert discovery shall be completed no later than 9/1/2020. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 2-3 days. On 9/17/2020 at 10:30 A.M. a pre-motion conference will be held for any anticipated dispositive motions, as further set forth in this Order. Fact Discovery due by 7/15/2020. Expert Discovery due by 9/1/2020. Pre-Motion Conference set for 9/17/2020 at 10:30 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 5/8/2020) (cf)
May 8, 2020 Opinion or Order Filing 39 ORDER granting in part and denying in part #38 Letter Motion for Extension of Time to Complete Discovery. Application GRANTED in part and DENIED in part. An amended case management plan will issue separately that extends the discovery deadlines by 45 days. (Signed by Judge Lorna G. Schofield on 5/8/2020) (cf)
May 7, 2020 Opinion or Order Filing 38 JOINT LETTER MOTION for Extension of Time to Complete Discovery and Pre-Dispositive Motion Deadlines addressed to Judge Lorna G. Schofield from Erin M. Sales dated May 7, 2020. Document filed by Darden Restaurants, Inc...(Sales, Erin)
April 30, 2020 Opinion or Order Filing 37 NOTICE of Notice of Decision in a different gift card case, by the Hon. Gregory H. Woods. Document filed by Victor Lopez..(Marks, Bradly)
April 28, 2020 Opinion or Order Filing 36 REPLY MEMORANDUM OF LAW in Support re: #33 MOTION to Dismiss Plaintiff's First Amended Class Action Complaint. . Document filed by Darden Restaurants, Inc...(Van Hoose Garofalo, Amanda)
April 17, 2020 Opinion or Order Filing 35 FIRST MEMORANDUM OF LAW in Opposition re: #33 MOTION to Dismiss Plaintiff's First Amended Class Action Complaint. . Document filed by Victor Lopez. (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).(Marks, Bradly)
April 3, 2020 Opinion or Order Filing 34 MEMORANDUM OF LAW in Support re: #33 MOTION to Dismiss Plaintiff's First Amended Class Action Complaint. . Document filed by Darden Restaurants, Inc...(Van Hoose Garofalo, Amanda)
April 3, 2020 Opinion or Order Filing 33 MOTION to Dismiss Plaintiff's First Amended Class Action Complaint. Document filed by Darden Restaurants, Inc...(Van Hoose Garofalo, Amanda)
March 31, 2020 Opinion or Order Filing 32 ORDER denying #31 Letter Motion for Extension of Time. The request to extend the discovery deadline is DENIED. The parties may renew their request to extend the discovery deadline at a later date (Signed by Judge Lorna G. Schofield on 3/31/2020) (cf)
March 30, 2020 Opinion or Order Filing 31 JOINT LETTER MOTION for Extension of Time to Complete Fact Discovery and Status Letter addressed to Judge Lorna G. Schofield from Amanda Van Hoose Garofalo dated March 30, 2020. Document filed by Darden Restaurants, Inc...(Van Hoose Garofalo, Amanda)
March 12, 2020 Opinion or Order Filing 30 MEMO ENDORSEMENT on re: #29 Letter filed by Victor Lopez. ENDORSEMENT: Defendant filed a letter motion for leave to file a motion to dismiss the First Amended Complaint on February 24, 2020. ECF 24. The Court granted the request on February 25, 2020. ECF 25. The Court construes this letter as a request to extend the briefing schedule. The application is GRANTED. Defendant shall file the motion to dismiss and accompanying memorandum of law no later than April 3, 2020. Plaintiff shall file the opposition no later than April 24, 2020. Defendant shall file the reply no later than May 8, 2020. (Motions due by 4/3/2020., Responses due by 4/24/2020, Replies due by 5/8/2020.) (Signed by Judge Lorna G. Schofield on 3/12/2020) (cf)
March 11, 2020 Opinion or Order Filing 29 FIRST LETTER addressed to Judge Lorna G. Schofield from Plaintiff dated 3/11/2020 re: Plaintiffs position on Def letter. Document filed by Victor Lopez..(Marks, Bradly)
March 11, 2020 Opinion or Order Filing 28 LETTER addressed to Judge Lorna G. Schofield from Amanda L. Van Hoose Garofalo dated March 11, 2020 re: Motion to Dismiss the Amended Complaint. Document filed by Darden Restaurants, Inc...(Van Hoose Garofalo, Amanda)
February 27, 2020 Opinion or Order Filing 27 SECOND LETTER addressed to Judge Lorna G. Schofield from Plaintiff dated 2/27/2020 re: OPPOSITION TO PRE MOTION LETTER. Document filed by Victor Lopez..(Marks, Bradly)
February 25, 2020 Opinion or Order Filing 26 ORDER terminating #21 Motion to Dismiss; granting #24 Letter Motion for Leave to File Document: Defendant's request to file a motion to dismiss the First Amended Complaint is GRANTED. Defendant shall file the motion to dismiss and accompanying memorandum of law by March 16, 2020. Plaintiff shall file its Opposition by April 6, 2020. Defendant shall file its Reply by April 27, 2020. The Clerk of Court is respectfully directed to close Docket Nos. 24 and 21. (Signed by Judge Lorna G. Schofield on 2/25/2020) (jwh)
February 25, 2020 Opinion or Order Filing 25 ORDER granting #19 Motion for Joyce Ackerbaum Cox to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
February 25, 2020 Opinion or Order Set/Reset Deadlines: Motions due by 3/16/2020. Responses due by 4/6/2020. Replies due by 4/27/2020. (jwh)
February 24, 2020 Opinion or Order Filing 24 LETTER MOTION for Leave to File Motion to Dismiss the First Amended Complaint with Proposed Briefing Schedule addressed to Judge Lorna G. Schofield from Amanda L. Van Hoose Garofalo dated February 24, 2020. Document filed by Darden Restaurants, Inc...(Van Hoose Garofalo, Amanda)
February 20, 2020 Opinion or Order Filing 23 FIRST AMENDED COMPLAINT amending #1 Complaint against Darden Restaurants, Inc. with JURY DEMAND.Document filed by Victor Lopez. Related document: #1 Complaint..(Marks, Bradly)
February 11, 2020 Opinion or Order Filing 22 MEMORANDUM OF LAW in Support re: #21 MOTION to Dismiss the Class Action Complaint. . Document filed by Darden Restaurants, Inc...(Van Hoose Garofalo, Amanda)
February 11, 2020 Opinion or Order Filing 21 MOTION to Dismiss the Class Action Complaint. Document filed by Darden Restaurants, Inc...(Van Hoose Garofalo, Amanda)
February 11, 2020 Opinion or Order Filing 20 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Darden Restaurants, Inc...(Van Hoose Garofalo, Amanda)
February 10, 2020 Opinion or Order Filing 19 MOTION for Joyce Ackerbaum Cox to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18750259. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Darden Restaurants, Inc.. (Attachments: #1 Affidavit of Joyce Ackerbaum Cox in Support to Admit Counsel Pro Hac Vice, #2 Certificate of Good Standing from the Supreme Court of Florida, #3 Text of Proposed Order).(Ackerbaum Cox, Joyce)
February 10, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for Joyce Ackerbaum Cox to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18750259. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
February 7, 2020 Opinion or Order Filing 18 ORDER granting #17 Motion for Erin Michelle Sales to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
February 7, 2020 Opinion or Order Filing 17 MOTION for Erin Michelle Sales to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18730146. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Darden Restaurants, Inc.. (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)
February 7, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Erin Michelle Sales to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18730146. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
January 27, 2020 Opinion or Order Filing 16 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. Joinder of Parties due by 2/13/2020. Amended Pleadings due by 2/13/2020. Fact Discovery due by 6/1/2020. Deposition due by 5/1/2020. Anticipated types of experts if any: ADA related expert, economist. Defendant is unsure of whether it will call any experts at this point. Expert Discovery due by 7/15/2020. If you have identified types of experts in question 9(a), by 5/1/2020 the parties shall meet and confer on a schedule for expert disclosures, including reports, production of underlying documents and depositions, provided that (i) expert report(s) of the party with the burden of proof shall be due before those of the opposing party's expert(s); and (ii) all expert discovery shall be completed by the date set forth in paragraph 9(b). This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 2-3 days. a. By 3/30/2020, the parties shall submit a joint status leter, as outlined in Individual Rule IV.A.2. b. By 6/15/2020, the parties shall submit a joint status letter, as outlined in Individual Rule IV.A.@ and, in the event that they have not already been referred for settlement discussions, shall also advise the Court whether or not they request for settlement discussions as provided in Paragraph 4(c) above. Pre-Motion Conference set for 7/23/2020 at 10:30 AM before Judge Lorna G. Schofield. The Clerk of Court is directed to enter the dates under paragraphs 5, 6, 8(a), 9(b)-(c) into the Court's calendar. SO ORDERED. (Signed by Judge Lorna G. Schofield on 1/27/2020) (va)
January 27, 2020 Opinion or Order Filing 15 ORDER granting #11 Letter Motion for Leave to File Document. It is hereby ORDERED that the January 30, 2020, initial pretrial conference is CANCELLED. It is further ORDERED that Defendant's request to file a motion to dismiss is GRANTED. Defendant shall file the motion and an accompanying memorandum of law by February 11, 2020. Plaintiff shall file the opposition and an accompanying memorandum of law by March 3, 2020. Defendant shall file the reply by March 24, 2020. The submissions shall otherwise comply with the Court's Individual Rules. The Case Management Plan will issue separately. The Court of Clerk is respectfully directed to close Docket No. 11. (Signed by Judge Lorna G. Schofield on 1/27/2020) (rro)
January 27, 2020 Opinion or Order Set/Reset Deadlines: Motions due by 2/11/2020. Responses due by 3/3/2020 Replies due by 3/24/2020. (rro)
January 24, 2020 Opinion or Order Filing 14 FIRST LETTER addressed to Judge Lorna G. Schofield from Plaintiff dated 1/24/2020 re: Plaintiffs position on Def letter. Document filed by Victor Lopez.(Marks, Bradly)
January 24, 2020 Opinion or Order Filing 13 PRE-CONFERENCE STATEMENT . Document filed by Victor Lopez. (Attachments: #1 Case Management Plan)(Rodriguez, Alicia)
January 22, 2020 Opinion or Order Filing 12 ORDER with respect to #11 Letter Motion for Leave to File Document. Plaintiff shall file a response letter to the below, by January 28, 2020, in accordance with the Court's Individual Rules. The parties shall file pre-conference materials, pursuant to the December 16, 2019, Order (ECF 8), by January 23, 2020. (Signed by Judge Lorna G. Schofield on 1/22/2020) (tro)
January 21, 2020 Opinion or Order Filing 11 LETTER MOTION for Leave to File Motion to Dismiss with Proposed Briefing Schedule addressed to Judge Lorna G. Schofield from Amanda L. Van Hoose Garofalo dated January 21, 2020. Document filed by Darden Restaurants, Inc..(Van Hoose Garofalo, Amanda)
December 27, 2019 Opinion or Order Filing 10 AFFIDAVIT OF SERVICE. Service was accepted by NANCY DOUGHERTY, LEGAL CLERK. Document filed by Victor Lopez. (Marks, Bradly)
December 16, 2019 Opinion or Order Filing 9 AFFIDAVIT OF SERVICE. Darden Restaurants, Inc. served on 11/20/2019, answer due 1/28/2020. Service was accepted by NANCY DOUGHERTY, LEGAL CLERK. Document filed by Victor Lopez. (Marks, Bradly)
December 16, 2019 Opinion or Order Filing 8 ORDER granting in part and denying in part #6 Letter Motion for Extension of Time to Answer. Application GRANTED in part and DENIED in part. Defendant shall answer or otherwise respond to the Complaint by January 28, 2020. The initial conference set for January 9, 2020, at 10:30 A.M. is adjourned to January 30, 2020, at 10:30 A.M. (Signed by Judge Lorna G. Schofield on 12/16/2019) (cf)
December 16, 2019 Opinion or Order Filing 7 NOTICE OF APPEARANCE by Amanda L Van Hoose Garofalo on behalf of Darden Restaurants, Inc.. (Van Hoose Garofalo, Amanda)
December 16, 2019 Opinion or Order Set/Reset Deadlines: Darden Restaurants, Inc. answer due 1/28/2020., Set/Reset Hearings:( Initial Conference set for 1/30/2020 at 10:30 AM before Judge Lorna G. Schofield.) (cf)
December 12, 2019 Opinion or Order Filing 6 LETTER MOTION for Extension of Time to File Answer to the Complaint addressed to Judge Lorna G. Schofield from Amanda L. Van Hoose Garofalo dated December 12, 2019. Document filed by Darden Restaurants, Inc..(Van Hoose Garofalo, Amanda)
November 14, 2019 Opinion or Order Filing 5 ORDER: Initial Conference set for 1/9/2020 at 10:30 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 11/14/2019) (jca)
October 28, 2019 Opinion or Order Filing 4 ELECTRONIC SUMMONS ISSUED as to Darden Restaurants, Inc.. (jgo)
October 28, 2019 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Bradly Gurion Mark. The following case opening statistical information was erroneously selected/entered: Jury Demand code n (None);. The following correction(s) have been made to your case entry: the Jury Demand code has been modified to p (Plaintiff);. (jgo)
October 28, 2019 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Bradly Gurion Mark. The party information for the following party/parties has been modified: Victor Lopez; Darden Restaurants, Inc.. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was entered in all caps; alias was entered incorrectly. (jgo)
October 28, 2019 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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)
October 28, 2019 Opinion or Order Magistrate Judge Sarah L. Cave 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)
October 28, 2019 Opinion or Order Case Designated ECF. (jgo)
October 25, 2019 Opinion or Order Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Darden Restaurants, Inc. d/b/a Longhorn Steakhouse, re: #1 Complaint. Document filed by Victor Lopez. (Marks, Bradly)
October 25, 2019 Opinion or Order Filing 2 CIVIL COVER SHEET filed. (Marks, Bradly)
October 25, 2019 Opinion or Order Filing 1 COMPLAINT against Darden Restaurants, Inc. d/b/a Longhorn Steakhouse. (Filing Fee $ 400.00, Receipt Number ANYSDC-17834838)Document filed by Victor Lopez.(Marks, Bradly)

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Search for this case: Lopez v. Darden Restaurants, Inc.
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Defendant: Darden Restaurants, Inc. d/b/a Longhorn Steakhouse
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Defendant: Darden Restaurants, Inc.
Represented By: Amanda L Van Hoose Garofalo
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Defendant: Darden Restaurants, Inc. doing business as Longhorn Steakhouse
Represented By: Amanda L Van Hoose Garofalo
Represented By: Erin Sales
Represented By: Joyce Ackerbaum Cox
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Plaintiff: Victor Lopez
Represented By: Bradly Gurion Marks
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