Lopez v. Yard House USA, Inc.
| Victor Lopez |
| Yard House USA, Inc. |
| 1:2019cv09908 |
| October 25, 2019 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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| Filing 42 PROPOSED STIPULATION AND ORDER. Document filed by Victor Lopez..(Rodriguez, Alicia) |
| Filing 41 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Yard House USA, Inc. and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Victor Lopez. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Marks, Bradly) Modified on 3/31/2021 (km). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Bradly Marks. RE-FILE Document No. #41 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): Please change the title of the document to a proposed stipulation and order. The stipulation of voluntary dismissal was not signed by all parties who have appeared (handwritten signatures). Re-file the document using the event type proposed orders, proposed stipulation and order. (km) |
Filing 40
ORDER: The Court has been advised that the parties have reached a settlement in principle. ECF No. 39. The above-titled action shall be dismissed and discontinued without costs, and without prejudice to the right to reopen the action within thirty days of the date of this Order if the settlement is not consummated. Any pending motions are moot. All conferences are vacated. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Analisa Torres on 11/13/2020) (va)
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| Filing 39 NOTICE of Settlement . Document filed by Victor Lopez..(Rodriguez, Alicia) |
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Filing 38
ORDER denying #37 Letter Motion to Stay. The request to stay discovery is DENIED. SO ORDERED. (Signed by Judge Analisa Torres on 7/1/2020) (kv) Modified on 7/7/2020 (kv).
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| Filing 37 JOINT LETTER MOTION to Stay Discovery addressed to Judge Analisa Torres from Erin M. Sales dated July 1, 2020. Document filed by Yard House USA, Inc...(Sales, Erin) |
| Filing 36 REPLY MEMORANDUM OF LAW in Support re: #33 MOTION to Dismiss Plaintiff's First Amended Class Action Complaint. . Document filed by Yard House USA, Inc...(Van Hoose Garofalo, Amanda) |
| 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) |
| Filing 34 MEMORANDUM OF LAW in Support re: #33 MOTION to Dismiss Plaintiff's First Amended Class Action Complaint. . Document filed by Yard House USA, Inc...(Van Hoose Garofalo, Amanda) |
| Filing 33 MOTION to Dismiss Plaintiff's First Amended Class Action Complaint. Document filed by Yard House USA, Inc...(Van Hoose Garofalo, Amanda) |
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Filing 32
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. (Signed by Judge Analisa Torres on 5/20/2020) (jwh)
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Filing 31
ORDER: Having reviewed the parties' pre-motion letters, ECF Nos. 27, 28, it is hereby ORDERED that: 1. By June 10, 2020, Defendant shall file its motion to dismiss; 2. By July 1, 2020, Plaintiff shall file his opposition; and 3. By July 15, 2020, Defendant shall file its reply, if any. (Motions due by 6/10/2020. Responses due by 7/1/2020. Replies due by 7/15/2020.) (Signed by Judge Analisa Torres on 5/20/2020) (jwh)
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Filing 30
ORDER granting #29 Motion for Extension of Time to Complete Discovery: GRANTED. The fact discovery deadline is extended to October 6, 2020. The expert discovery deadline is extended to October 20, 2020. The case management conference scheduled for June 23, 2020 is ADJOURNED sine die. (Signed by Judge Analisa Torres on 5/20/2020) (jwh)
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| Set/Reset Deadlines: Expert Discovery due by 10/20/2020. Fact Discovery due by 10/6/2020. (jwh) |
| Filing 29 JOINT LETTER MOTION for Extension of Time to Complete Discovery (Fact Discovery and Expert Discovery) addressed to Judge Analisa Torres from Erin M. Sales dated May 19, 2020. Document filed by Yard House USA, Inc...(Sales, Erin) |
| Filing 28 FIRST LETTER addressed to Judge Analisa Torres from Plaintiff dated 3/19/2020 re: Plaintiff's Letter Opposition to Defendants Pre Motion Letter. Document filed by Victor Lopez..(Marks, Bradly) |
| Filing 27 LETTER addressed to Judge Analisa Torres from Amanda L. Van Hoose Garofalo dated March 19, 2020 re: Defendant's Proposed Motion to Dismiss. Document filed by Yard House USA, Inc...(Van Hoose Garofalo, Amanda) |
| Filing 26 FIRST AMENDED COMPLAINT amending #1 Complaint against Yard House USA, Inc. with JURY DEMAND.Document filed by Victor Lopez. Related document: #1 Complaint..(Marks, Bradly) |
| Filing 25 MEMORANDUM OF LAW in Support re: #24 MOTION to Dismiss the Class Action Complaint. . Document filed by Yard House USA, Inc...(Van Hoose Garofalo, Amanda) |
| Filing 24 MOTION to Dismiss the Class Action Complaint. Document filed by Yard House USA, Inc...(Van Hoose Garofalo, Amanda) |
| Filing 23 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Darden Restaurants Inc., Corporate Parent GMRI, Inc. for Yard House USA, Inc.. Document filed by Yard House USA, Inc...(Van Hoose Garofalo, Amanda) |
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Filing 22
ORDER granting #21 Motion for Joyce Ackerbaum Cox to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (jw)
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| Filing 21 MOTION for Joyce Ackerbaum Cox to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18749607. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Yard House USA, 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) |
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Filing 20
ORDER granting #19 Motion for Erin Michelle Sales to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (jw)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #21 MOTION for Joyce Ackerbaum Cox to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18749607. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Filing 19 MOTION for Erin Michelle Sales to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18729964. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Yard House USA, 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) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for Erin Michelle Sales to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18729964. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
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Filing 18
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). This case is to be tried to a jury. All fact discovery shall be completed no later than 7/6/2020. Depositions shall be completed by 6/5/2020. All expert discovery shall be completed no later than 7/20/20. Counsel for the parties have conferred and their present best estimate of the length of trial is 2-3 days. The next Case Management Conference is scheduled for June 23, 2020 at 10:40 a.m. (As further set forth in this Order.) Deposition due by 6/5/2020. Fact Discovery due by 7/6/2020. Expert Discovery due by 7/20/2020. Case Management Conference set for 6/23/2020 at 10:40 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 2/6/2020) (cf)
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| Filing 17 NOTICE OF APPEARANCE by Avi Naveh on behalf of Victor Lopez..(Naveh, Avi) |
| Minute Entry for proceedings held before Judge Analisa Torres: Initial Pretrial Conference held on 2/6/2020. (jw) |
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Filing 16
ORDER: Having reviewed the parties' pre-motion letters, ECF Nos. 12, 13, it is hereby ORDERED that: 1. By March 2, 2020, Defendant shall file its motion to dismiss; 2. By March 23, 2020, Plaintiff shall file his opposition; and 3. By April 6, 2020, Defendant shall file its reply, if any. The initial pretrial conference scheduled for February 6, 2020, at 1:00 p.m. is not adjourned. (Motions due by 3/2/2020., Responses due by 3/23/2020, Replies due by 4/6/2020.) (Signed by Judge Analisa Torres on 2/5/2020) (cf)
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Filing 15
ORDER: The initial pretrial conference scheduled for February 6, 2020, at 11:20 a.m. is RESCHEDULED to February 6, 2020, at 1:00 p.m. Initial Conference set for 2/6/2020 at 01:00 PM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 2/5/2020) (cf)
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| Filing 14 PRE-CONFERENCE STATEMENT . Document filed by Victor Lopez. (Attachments: #1 Case Management Plan)(Rodriguez, Alicia) |
| Filing 13 FIRST LETTER addressed to Judge Analisa Torres from Plaintiff dated 1/21/2020 re: Opp to Defendants pre motion letter. Document filed by Victor Lopez.(Marks, Bradly) |
| Filing 12 LETTER addressed to Judge Analisa Torres from Amanda L. Van Hoose Garofalo dated January 21, 2020 re: Defendant's Proposed Motion to Dismiss. Document filed by Yard House USA, Inc..(Van Hoose Garofalo, Amanda) |
| Filing 11 LETTER addressed to Judge Analisa Torres from Amanda L. Van Hoose Garofalo dated January 2, 2020 re: Informing the Court that the Parties do not Consent to Having all Future Proceedings Being Conducted by a Magistrate Judge. Document filed by Yard House USA, Inc..(Van Hoose Garofalo, Amanda) |
| Filing 10 NOTICE OF APPEARANCE by Amanda L Van Hoose Garofalo on behalf of Yard House USA, Inc.. (Van Hoose Garofalo, Amanda) |
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Filing 9
ORDER granting in part and denying in part #8 Letter Motion for Extension of Time to Answer GRANTED in part, DENIED in part. By January 28, 2020, Defendant shall answer or otherwise respond to the complaint. The initial pretrial conference scheduled for January 8, 2020 is ADJOURNED to February 6, 2020, at 11:20 a.m. By January 30, 2020, the parties shall submit then joint letter and proposed case management plan. (Signed by Judge Analisa Torres on 12/13/2019) (cf)
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| Set/Reset Deadlines: Yard House USA, Inc. answer due 1/28/2020., Set/Reset Hearings: ( Initial Conference set for 2/6/2020 at 11:20 AM before Judge Analisa Torres.) (cf) |
| Filing 8 LETTER MOTION for Extension of Time to File Answer and Adjournment of the Initial Pre-Trial Conference Scheduled for January 8, 2020 addressed to Judge Analisa Torres from Amanda L. Van Hoose Garofalo dated December 12, 2019. Document filed by Yard House USA, Inc..(Van Hoose Garofalo, Amanda) |
| Filing 7 AFFIDAVIT OF SERVICE. Yard House USA, Inc. served on 11/20/2019, answer due 12/11/2019. Service was accepted by NANCY DOUGHERTY, LEGAL CLERK. Document filed by Victor Lopez. (Marks, Bradly) |
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Filing 6
ORDER: ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. The parties are free to withhold consent without negative consequences. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 10/28/2019) (cf)
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Filing 5
INITIAL PRETRIAL CONFERENCE ORDER: Initial Conference set for 1/8/2020 at 11:40 AM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 10/28/2019) (cf)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to Yard House USA, Inc.. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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. (pc) |
| Magistrate Judge James L. Cott 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. (pc) |
| Case Designated ECF. (pc) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Yard House USA, Inc., re: #1 Complaint. Document filed by Victor Lopez. (Marks, Bradly) |
| Filing 2 CIVIL COVER SHEET filed. (Marks, Bradly) |
| Filing 1 COMPLAINT against Yard House USA, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-17837490)Document filed by Victor Lopez.(Marks, Bradly) |
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| Plaintiff: Victor Lopez | |
| Represented By: | Bradly Gurion Marks |
| Represented By: | Avi Naveh |
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| Defendant: Yard House USA, Inc. | |
| Represented By: | Amanda L Van Hoose Garofalo |
| Represented By: | Erin Sales |
| Represented By: | Joyce Ackerbaum Cox |
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