Matzura v. Red Lobster Hospitality LLC
| Steven Matzura |
| Red Lobster Hospitality LLC |
| The Retail Litigation Center, Inc., National Retail Federation, Restaurant Law Center, National Association of Theater Owners and Retail Gift Card Association |
| 1:2019cv09929 |
| October 25, 2019 |
| US District Court for the Southern District of New York |
| Debra C Freeman |
| Laura Taylor Swain |
| Mary Kay Vyskocil |
| 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 28, 2020. A more recent docket listing may be available from PACER.
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| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #50 Notice of Appeal filed by Steven Matzura were transmitted to the U.S. Court of Appeals. (tp) |
| Filing 50 NOTICE OF APPEAL from #48 Clerk's Judgment,,,. Document filed by Steven Matzura. Filing fee $ 505.00, receipt number ANYSDC-20968905. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Schreck, Daniel) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #50 Notice of Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #50 Notice of Appeal filed by Steven Matzura were transmitted to the U.S. Court of Appeals. (tp) |
Filing 49
ORDER re: #47 Letter filed by Steven Matzura. In light of the Court's Opinion and Order dismissing the case #46 , Plaintiff's request for a stay is DENIED. (HEREBY ORDERED by Judge Mary Kay Vyskocil) (Text Only Order) (aap)
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| Filing 48 CLERK'S JUDGMENT re: #46 Memorandum & Opinion in favor of Red Lobster Hospitality LLC against Steven Matzura. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated July 6, 2020, the motion to dismiss the complaint is GRANTED. While Plaintiff failed to correct the standing deficiencies in his original complaint despite being on placed on notice of the same through Defendant's first motion to dismiss, he will be given one final opportunity to do so. Any request for leave to amend a second time must be accompanied by a proposed Second Amended Complaint that sufficiently resolves the standing issues. Accordingly, the case is dismissed without prejudice. (Signed by Clerk of Court Ruby Krajick on 7/8/2020) (Attachments: #1 Right to Appeal) (km) |
| Filing 47 LETTER addressed to Judge Mary Kay Vyskocil from Darryn G. Solotoff dated 7/7/20 re: Stay of Proceedings Pending Second Circuit Decision. Document filed by Steven Matzura..(Solotoff, Darryn) |
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Filing 46
OPINION AND ORDER GRANTING MOTION TO DISMISS re: #24 MOTION to Dismiss Plaintiff's First Amended Class Action Complaint: Accordingly, the motion to dismiss the complaint is GRANTED. While Plaintiff failed to correct the standing deficiencies in his original complaint despite being on placed on notice of the same through Defendant's first motion to dismiss, he will be given one final opportunity to do so. Any request for leave to amend a second time must be accompanied by a proposed Second Amended Complaint that sufficiently resolves the standing issues. Accordingly, the case is dismissed without prejudice. The Clerk of the Court is respectfully requested to close the motion at ECF No. 24. (Signed by Judge Mary Kay Vyskocil on 7/6/2020) (jwh) Transmission to Orders and Judgments Clerk for processing.
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| Filing 45 NOTICE of Supplemental Authority (Second Notice). Document filed by Red Lobster Hospitality 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 44 JOINT LETTER addressed to Judge Mary Kay Vyskocil from Erin M. Sales dated May 29, 2020 re: Status. Document filed by Red Lobster Hospitality LLC..(Sales, Erin) |
| Filing 43 LETTER addressed to Judge Mary Kay Vyskocil from Darryn Solotoff dated 4/30/20 re: Recent Court Decision. Document filed by Steven Matzura..(Solotoff, Darryn) |
| Filing 42 NOTICE of Supplemental Authority. Document filed by Red Lobster Hospitality LLC. (Attachments: #1 Exhibit A- Opinion).(Van Hoose Garofalo, Amanda) |
| Filing 41 REPLY MEMORANDUM OF LAW in Support re: #24 MOTION to Dismiss Plaintiff's First Amended Class Action Complaint. . Document filed by Red Lobster Hospitality LLC..(Van Hoose Garofalo, Amanda) |
| Filing 40 NOTICE of Filing Response to Amicus Brief re: #33 Notice (Other),. Document filed by Steven Matzura. (Attachments: #1 Exhibit Motion to Dismiss First Amended Complaint, #2 Exhibit Opposition to Amicus Brief, #3 Exhibit Opposition to Filing By Amici).(Solotoff, Darryn) |
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Filing 39
ORDER. Defendant's Letter requesting that the Court strike Plaintiff's Opposition to Defendant's Motion to Dismiss [ECF 37] is DENIED. Plaintiff has claimed excusable neglect and Defendant has not alleged that it would be prejudiced by allowing Plaintiff's Opposition to stand. Defendant's Reply in support of its Motion to Dismiss, if any, will be due April 6, 2020. Plaintiff's letter motion in response [ECF 38] is terminated as moot. SO ORDERED. Terminating as moot #38 FIRST LETTER MOTION for Extension of Time and Response to Defendant's Letter to preclude Plaintiff's Opposition addressed to Judge Mary Kay Vyskocil from Darryn Solotoff dated 3/17/20. Document filed by Steven Matzura. (Signed by Judge Mary Kay Vyskocil on 3/20/2020) (rjm)
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| Set/Reset Deadlines: Replies due by 4/6/2020. (rjm) |
| Filing 38 FIRST LETTER MOTION for Extension of Time and Response to Defendant's Letter to preclude Plaintiff's Opposition addressed to Judge Mary Kay Vyskocil from Darryn Solotoff dated 3/17/20. Document filed by Steven Matzura..(Solotoff, Darryn) |
| Filing 37 LETTER addressed to Judge Mary Kay Vyskocil from Amanda L. Van Hoose Garofalo dated March 17, 2020 re: Request to Strike Plaintiff's Memorandum of Law in Opposition to Defendant's Motion to Dismiss. Document filed by Red Lobster Hospitality LLC..(Van Hoose Garofalo, Amanda) |
| Filing 36 FIRST MEMORANDUM OF LAW in Opposition re: #24 MOTION to Dismiss Plaintiff's First Amended Class Action Complaint. . Document filed by Steven Matzura. (Attachments: #1 Exhibit A: Gift Card, #2 Exhibit B: NYC ID, #3 Exhibit C: 15.U.S.C. 16931-1, #4 Exhibit D: NY GBL396-i, #5 Exhibit E: Am Council for Blind v Paulson).(Solotoff, Darryn) |
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Filing 35
ORDER denying #34 Letter Motion for Extension of Time to File Response/Reply. DENIED. The deadline for both Plaintiff and Defendant to respondto the amicus brief will be extended by one week to March 23,2020. The Amici's reply, if any, will be due April 6, 2020.SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 3/16/20) (yv)
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| Set/Reset Deadlines: Reply to Response to Brief due by 4/6/2020. Responses to Brief due by 3/23/2020 (yv) |
| Filing 34 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #33 Notice (Other), Amicus Brief addressed to Judge Mary Kay Vyskocil from Darryn Solotoff dated 3/13/20. Document filed by Steven Matzura..(Solotoff, Darryn) |
| Filing 33 NOTICE of Filing Amicus Brief re: 31 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 32
SCHEDULING ORDER: It is hereby ORDERED as follows: 1. Absent further order of the Court, all discovery in this case shall be stayed pending the Court's resolution of the pending motion to dismiss Plaintiffs First Amended Class Action Complaint (Dkt. 24), or until June 5, 2020, whichever date is earlier. 2. The parties are directed to submit a joint status report no later than May 29, 2020. SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 3/5/2020) Copies to All counsel (via ECF). (kv)
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Filing 31
ORDER granting #27 Letter Motion to File Amicus Brief ORDER 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 16, 2020, WITH SUCH RESPONSIVE BRIEFS NOT TO EXCEED TEN PAGES. SO ORDERED. (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
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| Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Initial Pretrial Conference held on 3/5/2020. (aba) |
| Filing 30 LETTER REPLY to Response to Motion addressed to Judge Mary Kay Vyskocil from A. Owen Glist dated March 3, 2020 re: #27 LETTER MOTION to File Amicus Brief addressed to Judge Mary Kay Vyskocil 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 29 FIRST MEMORANDUM OF LAW in Opposition re: #27 LETTER MOTION to File Amicus Brief addressed to Judge Mary Kay Vyskocil from A. Owen Glist dated Feb. 24, 2020. . Document filed by Steven Matzura..(Solotoff, Darryn) |
| Filing 28 LETTER REPLY to Response to Motion addressed to Judge Mary Kay Vyskocil from Darryn Solotoff dated 3/3/2020 re: #27 LETTER MOTION to File Amicus Brief addressed to Judge Mary Kay Vyskocil from A. Owen Glist dated Feb. 24, 2020. . Document filed by Steven Matzura..(Solotoff, Darryn) |
| Filing 27 LETTER MOTION to File Amicus Brief addressed to Judge Mary Kay Vyskocil 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 26 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 25 MEMORANDUM OF LAW in Support re: #24 MOTION to Dismiss Plaintiff's First Amended Class Action Complaint. . Document filed by Red Lobster Hospitality LLC..(Van Hoose Garofalo, Amanda) |
| Filing 24 MOTION to Dismiss Plaintiff's First Amended Class Action Complaint. Document filed by Red Lobster Hospitality LLC..(Van Hoose Garofalo, Amanda) |
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Filing 23
ORDER granting #18 Letter Motion to Adjourn Conference. The initial pretrial conference is adjourned to 3/5/20 at 10:00 a.m. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
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Filing 22
ORDER FOR ADMISSION PRO HAC VICE ON MOTION granting #21 MOTION for Joyce Ackerbaum Cox to Appear Pro Hac Vice. Counsel shall immediately forward the Pro Hac Vice fee to the Clerk of Court. (Signed by Judge Mary Kay Vyskocil on 2/11/2020) (jca) Transmission to Finance Unit (Cashiers) for processing.
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| Filing 21 MOTION for Joyce Ackerbaum Cox to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18750418. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Red Lobster Hospitality LLC. (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 FOR ADMISSION PRO HAC VICE ON MOTION granting #17 MOTION for Erin Michelle Sales to Appear Pro Hac Vice. Counsel shall immediately forward the Pro Hac Vice fee to the Clerk of Court. (Signed by Judge Mary Kay Vyskocil on 2/10/2020) (jca) Transmission to Finance Unit (Cashiers) for processing.
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| Filing 19 FIRST AMENDED COMPLAINT amending #1 Complaint against Red Lobster Hospitality LLC with JURY DEMAND.Document filed by Steven Matzura. Related document: #1 Complaint..(Solotoff, Darryn) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Erin Michelle Sales to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| >>>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-18750418. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Filing 18 SECOND LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Debra C. Freeman from Darryn Solotoff dated 2/9/20. Document filed by Steven Matzura..(Solotoff, Darryn) |
| Filing 17 MOTION for Erin Michelle Sales to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Red Lobster Hospitality 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) $200 Receipt No. ANYSDC-18729964 .(Sales, Erin) Modified on 2/10/2020 (vba). |
| NOTICE OF CASE REASSIGNMENT to Judge Mary Kay Vyskocil. Judge Laura Taylor Swain is no longer assigned to the case..(laq) |
| Filing 16 NOTICE OF APPEARANCE by Darryn G. Solotoff on behalf of Steven Matzura..(Solotoff, Darryn) |
| Filing 15 NOTICE OF APPEARANCE by Jeffrey Michael Gottlieb on behalf of Steven Matzura. (Gottlieb, Jeffrey) |
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Filing 14
ORDER denying #13 Letter Motion to Adjourn Conference. The request to adjourn the initial pretrial conference is denied. The Court will hear from the parties at the time on the question of whether discovery should be stayed, in whole or in part, and will also expect the parties to be prepared to address the potential for settlement of this action. SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 1/24/2020) (kv)
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| Filing 13 LETTER MOTION to Adjourn Conference Scheduled for February 20, 2020 and Requesting a Stay of all Discovery and Discovery Deadlines addressed to Judge Laura Taylor Swain from Amanda L. Van Hoose Garofalo dated January 21, 2020. Document filed by Red Lobster Hospitality LLC.(Van Hoose Garofalo, Amanda) |
| Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Red Lobster Master Holdings, L.P., Corporate Parent Golden Gate Capital Opportunity Fund-A, LP, Other Affiliate Thai Union Group PCL for Red Lobster Hospitality LLC. Document filed by Red Lobster Hospitality LLC.(Van Hoose Garofalo, Amanda) |
| Filing 11 MEMORANDUM OF LAW in Support re: #10 MOTION to Dismiss . . Document filed by Red Lobster Hospitality LLC. (Van Hoose Garofalo, Amanda) |
| Filing 10 MOTION to Dismiss . Document filed by Red Lobster Hospitality LLC.(Van Hoose Garofalo, Amanda) |
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Filing 9
SCHEDULING ORDER: It is hereby ORDERED as follows: 1. The Court will hold an initial pre-trial conference on February 20, 2020, at 10:30 a.m., in the United States Courthouse, 500 Pearl Street, New York, New York, 10007, in Courtroom 17A. (as further set forth herein). SO 0RDERED. Initial Conference set for 2/20/2020 at 10:30 AM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Debra C. Freeman. (Signed by Magistrate Judge Debra C. Freeman on 12/20/2019) Copies to All counsel (via ECF). (kv)
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| Filing 8 AFFIDAVIT OF SERVICE of Summons and Complaint. Red Lobster Hospitality LLC served on 11/13/2019, answer due 1/21/2020. Service was accepted by Margie Pemberton; Legal Department. Document filed by Steven Matzura. (Khorozian, Zare) |
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Filing 7
ORDER granting #5 Letter Motion for Extension of Time to Answer. Granted. (This resolves Dkt. 5). SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 12/12/2019) Red Lobster Hospitality LLC answer due 1/21/2020 (ks)
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Filing 6
ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Debra C. Freeman. SO ORDERED. Motions referred to Debra C. Freeman. (Signed by Judge Laura Taylor Swain on 12/03/2019) (ama)
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| Filing 5 LETTER MOTION for Extension of Time to File Answer to the Complaint addressed to Judge Laura Taylor Swain from Amanda L. Van Hoose Garofalo dated December 2, 2019. Document filed by Red Lobster Hospitality LLC.(Van Hoose Garofalo, Amanda) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Red Lobster Hospitality LLC. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Zare Khorozian. The party information for the following party/parties has been modified: Steven Matzura. The information for the party/parties has been modified for the following reason/reasons: party text contained a typographical error. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Zare Khorozian. The following case opening statistical information was erroneously selected/entered: County code New York; Fee Status code due (due). The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid). (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Laura Taylor Swain. 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. (dnh) |
| Magistrate Judge Debra C. Freeman 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. (dnh) |
| Case Designated ECF. (dnh) |
| Filing 3 CIVIL COVER SHEET filed. (Khorozian, Zare) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Red Lobster Hospitality LLC, re: #1 Complaint. Document filed by Steven Matzura. (Khorozian, Zare) |
| Filing 1 COMPLAINT against Red Lobster Hospitality LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-17839568)Document filed by Steven Matzura.(Khorozian, Zare) |
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