Yovanny Dominguez v. Gran Lux Cafe LLC
| Yovanny Dominguez |
| Gran Lux Cafe LLC and Grand Lux Cafe LLC |
| 1:2019cv10345 |
| November 6, 2019 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| 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 June 24, 2020. A more recent docket listing may be available from PACER.
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| Filing 34 CLERK'S JUDGMENT re: #33 Memorandum & Opinion. in favor of Grand Lux Cafe LLC against Yovanny Dominguez. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated June 22, 2020, the motion to dismiss the complaint is granted, and the case is dismissed with prejudice. (Signed by Clerk of Court Ruby Krajick on 06/24/2020) (Attachments: #1 Notice of Right to Appeal) (dt) |
Filing 33
OPINION AND ORDER GRANTING MOTION TO DISMISS re: #25 MOTION to Dismiss the First Amended Class Action Complaint filed by Grand Lux Cafe LLC. The motion to dismiss the complaint is GRANTED, and this case is dismissed with prejudice; as further set forth herein. (Signed by Judge Mary Kay Vyskocil on 6/22/2020) (mro) Transmission to Orders and Judgments Clerk for processing.
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| Filing 32 NOTICE of Supplemental Authority. Document filed by Grand Lux Cafe LLC. (Attachments: #1 Exhibit A - Taco Bell Decision, #2 Exhibit B - Darden Decision).(Van Hoose Garofalo, Amanda) |
| Filing 31 RESPONSE in Opposition to Motion re: #25 MOTION to Dismiss the First Amended Class Action Complaint. Response to Defendants supplemental submission. Document filed by Yovanny Dominguez..(Marks, Bradly) |
| Filing 30 NOTICE of Supplemental Authority. Document filed by Grand Lux Cafe LLC. (Attachments: #1 Exhibit A- Opinion).(Van Hoose Garofalo, Amanda) |
| Filing 29 REPLY MEMORANDUM OF LAW in Support re: #25 MOTION to Dismiss the First Amended Class Action Complaint. . Document filed by Grand Lux Cafe LLC..(Van Hoose Garofalo, Amanda) |
| Filing 28 FIRST MEMORANDUM OF LAW in Opposition re: #25 MOTION to Dismiss the First Amended Class Action Complaint. . Document filed by Yovanny Dominguez. (Attachments: #1 Exhibit A - Gift Card TERMS AND CONDITIONS, #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) |
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Filing 27
ORDER denying as moot #16 In light of the Defendants motion to dismiss the Amended Complaint, the previously-filed motion is moot and the new motion should be briefed on the schedule set out in ECF #19. Courtesy copies of all briefing should be delivered to the Court in compliance with the Courts Individual Practices. (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
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| Filing 26 MEMORANDUM OF LAW in Support re: #25 MOTION to Dismiss the First Amended Class Action Complaint. . Document filed by Grand Lux Cafe LLC..(Van Hoose Garofalo, Amanda) |
| Filing 25 MOTION to Dismiss the First Amended Class Action Complaint. Document filed by Grand Lux Cafe LLC..(Van Hoose Garofalo, Amanda) |
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Filing 24
ORDER granting #22 Motion for Joyce Ackerbaum Cox to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
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| Filing 23 FIRST AMENDED COMPLAINT amending #1 Complaint against Grand Lux Cafe LLC.Document filed by Yovanny Dominguez. Related document: #1 Complaint..(Marks, Bradly) |
| Filing 22 MOTION for Joyce Ackerbaum Cox to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18759105. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Grand Lux Cafe LLC. (Attachments: #1 Affidavit in Support, #2 Certificate of Service, #3 Text of Proposed Order).(Ackerbaum Cox, Joyce) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #22 MOTION for Joyce Ackerbaum Cox to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18759105. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
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Filing 21
ORDER FOR ADMISSION PRO HAC VICE ON MOTION granting #20 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 20 MOTION for Erin Michelle Sales to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18730586. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Grand Lux Cafe 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. #20 MOTION for Erin Michelle Sales to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18730586. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea) |
| NOTICE OF CASE REASSIGNMENT to Judge Mary Kay Vyskocil. Judge Jesse M. Furman is no longer assigned to the case. (laq) |
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Filing 19
ORDER granting #18 Letter Motion to Adjourn Conference. It is hereby ORDERED that Plaintiff shall file any amended complaint by February 17, 2020. Plaintiff will not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss. If Plaintiff does amend, by three (3) weeks after the amended complaint is filed, Defendant shall: (1) file an answer; (2) file a new motion to dismiss; or (3) file a letter on ECF stating that it relies on the previously filed motion to dismiss. If Defendant files an answer or a new motion to dismiss, the Court will deny the previously filed motion to dismiss as moot. If Defendant files a new motion to dismiss, any opposition shall be filed within fourteen days, and any reply shall be filed within seven days of any opposition. If no amended complaint is filed, Plaintiff shall file any opposition to the motion to dismiss by February 17, 2020. Defendant's reply, if any, shall be filed by February 24, 2020. At the time any reply is served, the moving party shall supply the Court with one, double-sided courtesy hard copy of all motion papers by mailing or delivering them to the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. Finally, it is further ORDERED that the initial pretrial conference previously scheduled for February 12, 2020 is adjourned sine die, and all discovery is stayed pending resolution of the motion to dismiss. The Clerk of Court is directed to terminate ECF No. 18. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/29/20) (yv) Modified on 2/10/2020 (yv).
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| Set/Reset Deadlines: Amended Pleadings due by 2/17/2020. Responses due by 2/17/2020. Replies due by 2/24/2020. (yv) |
| Filing 18 LETTER MOTION to Adjourn Conference and Stay All Discovery addressed to Judge Jesse M. Furman from Amanda L. Van Hoose Garofalo dated January 27. 2020. Document filed by Grand Lux Cafe LLC.(Van Hoose Garofalo, Amanda) |
| Filing 17 MEMORANDUM OF LAW in Support re: #16 MOTION to Dismiss the Class Action Complaint. . Document filed by Grand Lux Cafe LLC. (Van Hoose Garofalo, Amanda) |
| Filing 16 MOTION to Dismiss the Class Action Complaint. Document filed by Grand Lux Cafe LLC.(Van Hoose Garofalo, Amanda) |
| Filing 15 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent The Cheesecake Factory Incorporated for Grand Lux Cafe LLC. Document filed by Grand Lux Cafe LLC.(Van Hoose Garofalo, Amanda) |
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Filing 13
MEDIATION WITHDRAWAL ORDER: It is hereby ORDERED that this case is withdrawn from the Court-annexed Mediation Program. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/13/2020) (jca) Transmission to Mediation Clerk for processing.
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Filing 12
ORDER denying #11 LETTER MOTION to Adjourn Conference Scheduled for February 12, 2020 and Request to Extend the Deadline to Participate in the Court Ordered Mediation Program. By separate Order signed today, the Court will withdraw the reference to the Mediation Program. The Court's Order that the parties participate in mediation, see ECF No. 6, is VACATED. The parties' request to adjourn the initial pretrial conference, currently scheduled for February 12, 2020, is DENIED. In the event that Defendant files a motion to dismiss, the Court may adjourn the conference at that time. The Clerk of Court is directed to terminate ECF No. 11. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/13/2020) (jca)
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| Filing 11 LETTER MOTION to Adjourn Conference Scheduled for February 12, 2020 and Request to Extend the Deadline to Participate in the Court Ordered Mediation Program addressed to Judge Jesse M. Furman from Amanda L. Van Hoose Garofalo dated January 13, 2020. Document filed by Grand Lux Cafe LLC.(Van Hoose Garofalo, Amanda) |
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Filing 10
ORDER granting #8 Letter Motion for Extension of Time to Answer re #1 Complaint. Request GRANTED. The Clerk of Court is directed to terminate ECF No. 8. SO ORDERED. (Grand Lux Cafe LLC answer due 1/27/2020.) (Signed by Judge Jesse M. Furman on 12/9/19) (yv)
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| Filing 9 AFFIDAVIT OF SERVICE. Grand Lux Cafe LLC served on 11/20/2019, answer due 12/11/2019. Service was accepted by NANCY DOUGHERTY, LEGAL CLERK. Document filed by Yovanny Dominguez. (Marks, Bradly) |
| Filing 8 LETTER MOTION for Extension of Time to File Answer to the Complaint addressed to Judge Jesse M. Furman from Amanda L. Van Hoose Garofalo dated December 9, 2019. Document filed by Grand Lux Cafe LLC.(Van Hoose Garofalo, Amanda) |
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Filing 7
MEDIATION REFERRAL ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The parties are hereby notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation should take place at least two weeks prior to the Initial Pretrial Conference, which is currentlyscheduled (by separate Order to be entered today) for February 12, 2020. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. Mediators will be assigned based on the nature of suit. Additional expertise requests should promptly be directed to the Mediation Office. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 11/18/2019. (Signed by Judge Jesse M. Furman on 11/07/2019) (ama)
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Filing 6
ORDER REGARDING EARLY MEDIATION AND THE INITIAL PRETRIAL CONFERENCE: This case has been assigned to this Court for all purposes. In the Court's experience, cases of this nature often benefit from early mediation. To that end, by separate Order to be entered today, the Court is referring this case to the Court-annexed Mediation Program. Unless and until the Court orders otherwise, the parties shall schedule a mediation to take place no later than two weeks before the initial pretrial conference scheduled below. Separate and apart from the foregoing, it is hereby ORDERED that counsel for all parties shall appear for an initial pretrial conference with the Court on February 12, 2020, at 3:15 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York and further set forth in this Order. (Initial Conference set for 2/12/2020 at 03:15 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 11/7/2019) (rro)
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| Filing 5 ELECTRONIC SUMMONS ISSUED as to Grand Lux Cafe LLC. (dnh) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Grand Lux Cafe LLC, re: #1 Complaint. Document filed by Yovanny Dominguez. (Marks, Bradly) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Bradly Gurion Marks. 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). (dnh) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Bradly Gurion Marks. The party information for the following party/parties has been modified: Yovanny Dominguez, Gran Lux Cafe LLC. The information for the party/parties has been modified for the following reason/reasons: party name contains a typographical error; party text was entered in all caps. (dnh) Modified on 11/7/2019 (dnh). |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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 Barbara C. Moses 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) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Bradly Gurion Marks to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): 'As To:' Error; the party name listed in the as to docket entry contains a typographical error. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Gran Lux Cafe LLC, re: #1 Complaint. Document filed by Yovanny Dominguez. (Marks, Bradly) Modified on 11/7/2019 (dnh). |
| Filing 2 CIVIL COVER SHEET filed. (Marks, Bradly) |
| Filing 1 COMPLAINT against Gran Lux Cafe LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-17910077)Document filed by Yovanny Dominguez.(Marks, Bradly) |
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