Matzura v. California Pizza Kitchen Inc.
Plaintiff: Steven Matzura
Defendant: California Pizza Kitchen Inc.
Case Number: 1:2019cv10336
Filed: November 6, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: John G Koeltl
Referring Judge: Lewis J Liman
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 26, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 15, 2020 Opinion or Order Filing 29 ORDER denying as moot #20 Motion to Dismiss. The complaint in this case was filed on November 6, 2019. Dkt. No. 1. On March 23, 2020, following an extension of time to respond, Defendant filed a motion to dismiss. Dkt. No. 20. Plaintiff timely filed its first amended complaint on April 6, 2020, Dkt. No. 23, and thereafter Defendant filed the operative motion to dismiss on April 20, 2020, Dkt. No. 24. Pursuant to Paragraph 3(B) of the Court's Individual Rules of Practice in Civil Cases, the previously filed motion to dismiss is DENIED AS MOOT. The Clerk of Court is respectfully directed to close Dkt. No. 20. SO ORDERED. (Signed by Judge Lewis J. Liman on 5/15/2020) (va)
May 11, 2020 Filing 28 REPLY MEMORANDUM OF LAW in Support re: #24 MOTION to Dismiss . MOTION to Dismiss for Lack of Jurisdiction . . Document filed by California Pizza Kitchen Inc...(Kirby, Sean)
May 4, 2020 Filing 27 MEMORANDUM OF LAW in Opposition re: #24 MOTION to Dismiss . MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Steven Matzura. (Attachments: #1 Exhibit Exhibit A - Gift Card, #2 Exhibit Exhibit B - NYC Identification Card, #3 Exhibit Exhibit C - Federal Gift Card Law, #4 Exhibit Exhibit D - State Gift Card Law, #5 Exhibit Exhibit E - Paulson Opinion).(Solotoff, Darryn)
April 20, 2020 Filing 26 DECLARATION of Sean J. Kirby in Support re: #24 MOTION to Dismiss . MOTION to Dismiss for Lack of Jurisdiction .. Document filed by California Pizza Kitchen Inc.. (Attachments: #1 Exhibit A).(Kirby, Sean)
April 20, 2020 Filing 25 MEMORANDUM OF LAW in Support re: #24 MOTION to Dismiss . MOTION to Dismiss for Lack of Jurisdiction . . Document filed by California Pizza Kitchen Inc...(Kirby, Sean)
April 20, 2020 Filing 24 MOTION to Dismiss ., MOTION to Dismiss for Lack of Jurisdiction . Document filed by California Pizza Kitchen Inc.. (Attachments: #1 Text of Proposed Order).(Kirby, Sean)
April 6, 2020 Filing 23 FIRST AMENDED COMPLAINT amending #1 Complaint against California Pizza Kitchen Inc. with JURY DEMAND.Document filed by Steven Matzura. Related document: #1 Complaint. (Attachments: #1 Exhibit Exhibit A - Copy of Gift Card).(Solotoff, Darryn)
March 23, 2020 ***DELETED DOCUMENT. Deleted document number 17 MOTION to Dismiss. The document was incorrectly filed in this case. (ldi)
March 23, 2020 ***DELETED DOCUMENT. Deleted document number 18 DECLARATION in Support. The document was incorrectly filed in this case. (ldi)
March 23, 2020 ***DELETED DOCUMENT. Deleted document number 19 MEMORANDUM OF LAW in Support. The document was incorrectly filed in this case. (ldi)
March 23, 2020 Filing 22 MEMORANDUM OF LAW in Support re: #20 MOTION to Dismiss . . Document filed by California Pizza Kitchen Inc...(Kirby, Sean)
March 23, 2020 Filing 21 DECLARATION of Sean J. Kirby in Support re: #20 MOTION to Dismiss .. Document filed by California Pizza Kitchen Inc.. (Attachments: #1 Exhibit A).(Kirby, Sean)
March 23, 2020 Filing 20 MOTION to Dismiss . Document filed by California Pizza Kitchen Inc.. (Attachments: #1 Text of Proposed Order).(Kirby, Sean)
March 3, 2020 Opinion or Order Filing 16 ORDER granting #15 Letter Motion to Adjourn Conference. The parties shall submit briefing according to the schedule proposed by the parties. The conference is ADJOURNED sine die. SO ORDERED. (Signed by Judge Lewis J. Liman on 3/3/2020) (va)
March 3, 2020 Set/Reset Deadlines: Motions due by 3/23/2020. Responses due by 4/6/2020. Replies due by 4/13/2020. (va)
March 2, 2020 Filing 15 JOINT LETTER MOTION to Adjourn Conference and Set Briefing Schedule addressed to Judge Lewis J. Liman from Sean J. Kirby and Jeffrey Gottlieb dated March 2, 2020. Document filed by California Pizza Kitchen Inc...(Kirby, Sean)
February 24, 2020 Opinion or Order Filing 14 ORDER: IT IS HEREBY ORDERED that the Initial Pretrial Conference in this matter, previously scheduled for February 24, 2020, at 4:30 p.m. is RESCHEDULED for March 9, 2020 at 3:30 p.m. in Courtroom 15C of the U.S. District Court for the Southern District of New York, 500 Pearl Street, New York, New York. Defendant's deadline to answer, move or otherwise to the complaint remains stayed pending the Initial Pretrial Conference. The parties are reminded that they must file on ECF no later than the one week prior to the conference a proposed Civil Case Management Plan and Scheduling Order. SO ORDERED. Initial Conference set for 3/9/2020 at 03:30 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman. (Signed by Judge Lewis J. Liman on 2/24/2020) (va)
February 5, 2020 NOTICE OF CASE REASSIGNMENT to Judge Lewis J. Liman. Judge John G. Koeltl is no longer assigned to the case. (laq)
February 4, 2020 ***DELETED DOCUMENT. Deleted document number [No Document Number] Case was assign to Judge Liman by error.. The document was incorrectly filed in this case. (wb)
February 3, 2020 Filing 13 NOTICE OF APPEARANCE by Darryn G. Solotoff on behalf of Steven Matzura..(Solotoff, Darryn)
January 30, 2020 Filing 12 NOTICE OF APPEARANCE by Jeffrey Michael Gottlieb on behalf of Steven Matzura. (Gottlieb, Jeffrey)
January 29, 2020 Filing 11 LETTER RESPONSE in Opposition to Motion addressed to Judge John G. Koeltl from Zare Khorozian, Esq. dated 1/29/2020 re: #9 LETTER MOTION for Conference re: #1 Complaint addressed to Judge John G. Koeltl from Sean J. Kirby dated January 24, 2020. . Document filed by Steven Matzura. (Khorozian, Zare)
January 27, 2020 Opinion or Order Filing 10 ORDER granting #9 Letter Motion for Conference. Time to respond to the Complaint is Stayed pending the conference on February 24, 2020. The Clerk shall close documents 8 and 9. SO ORDERED. (Signed by Judge John G. Koeltl on 1/24/2020) (ks)
January 24, 2020 Filing 9 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Conference re: #1 Complaint addressed to Judge John G. Koeltl from Sean J. Kirby dated January 24, 2020. Document filed by California Pizza Kitchen Inc..(Kirby, Sean) Modified on 2/24/2020 (db).
January 24, 2020 Filing 8 LETTER addressed to Judge John G. Koeltl from Sean J. Kirby dated January 24, 2020 re: Motion to Dismiss. Document filed by California Pizza Kitchen Inc..(Kirby, Sean)
December 17, 2019 Opinion or Order Filing 7 STIPULATION: IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff and Defendant that Defendant's time to answer, move or otherwise respond to the Complaint in the above captioned action is extended to and including January 24, 2020. This proposed adjournment does not affect any other scheduled dates in this action. SO ORDERED. Motions terminated: #6 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint or Otherwise Respond addressed to Judge John G. Koeltl from Sean J. Kirby dated December 16, 2019. filed by California Pizza Kitchen Inc.., (Signed by Judge John G. Koeltl on 12/16/2019) California Pizza Kitchen Inc. answer due 1/24/2020. (ks)
December 16, 2019 Filing 6 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint or Otherwise Respond addressed to Judge John G. Koeltl from Sean J. Kirby dated December 16, 2019. Document filed by California Pizza Kitchen Inc..(Kirby, Sean)
December 12, 2019 Filing 5 AFFIDAVIT OF SERVICE of Summons and Complaint. California Pizza Kitchen Inc. served on 12/3/2019, answer due 12/24/2019. Service was accepted by Yami Morales; Legal Assistant. Document filed by Steven Matzura. (Khorozian, Zare)
December 9, 2019 Minute Entry for proceedings held before Judge John G. Koeltl: Initial Conference set for 2/24/2020 at 04:30 PM in Courtroom 14A, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. (Fletcher, Donnie)
November 7, 2019 Filing 4 ELECTRONIC SUMMONS ISSUED as to California Pizza Kitchen Inc.. (sj)
November 7, 2019 ***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). (sj)
November 7, 2019 Civil Case Opening Fee Paid electronically via Pay.gov: for #1 Complaint. Filing fee $ 400.00. Pay.gov receipt number ANYSDC-17909395, paid on 11/6/2019. (sj)
November 7, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. 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. (sj)
November 7, 2019 Magistrate Judge Robert W. Lehrburger 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. (sj)
November 7, 2019 Case Designated ECF. (sj)
November 6, 2019 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to California Pizza Kitchen Inc., re: #1 Complaint. Document filed by Steven Matzura. (Khorozian, Zare)
November 6, 2019 Filing 2 CIVIL COVER SHEET filed. (Khorozian, Zare)
November 6, 2019 Filing 1 COMPLAINT against California Pizza Kitchen Inc.. Document filed by Steven Matzura.(Khorozian, Zare)

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Defendant: California Pizza Kitchen Inc.
Represented By: Sean Joseph Kirby
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Plaintiff: Steven Matzura
Represented By: Zare Khorozian
Represented By: Darryn G. Solotoff
Represented By: Jeffrey Michael Gottlieb
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