Calcano v. Swarovski North America Limited
| Marcos Calcano |
| Swarovski North America Limited |
| 1:2019cv10536 |
| November 13, 2019 |
| US District Court for the Southern District of New York |
| Gregory H Woods |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 29, 2022. A more recent docket listing may be available from PACER.
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Filing 30
MANDATE of USCA (Certified Copy) as to #29 Notice of Appeal filed by Marcos Calcano. USCA Case Number 20-1552(Lead). IT IS HEREBY ORDERED, ADJUDGED and DECREED that the judgments of the district court are AFFIRMED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 06/29/2022. (Attachments: #1 Opinion, #2 Concurring Opinion).(nd)
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Transmission of USCA Mandate to the District Judge re: #30 USCA Mandate,..(nd)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #29 Notice of Appeal. (tp)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #29 Notice of Appeal filed by Marcos Calcano were transmitted to the U.S. Court of Appeals. (tp)
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Filing 29
NOTICE OF APPEAL from #28 Clerk's Judgment,. Document filed by Marcos Calcano. Filing fee $ 505.00, receipt number ANYSDC-19806874. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Schreck, Daniel)
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Filing 28
CLERK'S JUDGMENT re: #27 Order. in favor of Swarovski North America Limited against Marcos Calcano. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reason' stated in the Court's Order dated May 11, 2020, Judgment is entered in favor of Defendant, and this case is closed. (Signed by Clerk of Court Ruby Krajick on 05/11/2020) (Attachments: #1 Notice of Right to Appeal) (dt)
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Filing 27
ORDER: On April 24, 2020, the Court issued a memorandum opinion and order, granting Defendant's motion to dismiss Plaintiff's first amended complaint. Dkt. No. 26. The Court's order granted Plaintiff leave to file an amended complaint within fifteen days. Id. at 3. Therefore, Plaintiff's second amended complaint was due no later than May 9, 2020. As of the date of this order, the Court has not received Plaintiff's amended complaint. Accordingly, the Clerk of Court is directed to enter judgment in favor of Defendant, terminate all pending motions, adjourn all deadlines, and to close this case. (Signed by Judge Gregory H. Woods on 5/11/2020) (mro) Transmission to Orders and Judgments Clerk for processing.
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Filing 26
MEMORANDUM OPINION AND ORDER: re: #22 MOTION to Dismiss the Amended Complaint filed by Swarovski North America Limited. This case is indistinguishable from Banana Republic. It should therefore come as no surprisethat the Court comes to the exact same conclusion. For these reasons, Defendant's motion to dismiss is GRANTED. Within fifteen days, Plaintiff may file a second amended complaint to cure the deficiencies articulated in this opinion by alleging additional facts about the interactions he has had with Swarovski. If no amended complaint is filed within that time frame, the Court will enter a final judgment of dismissal and direct the Clerk of Court to close this case. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 22. SO ORDERED. (Signed by Judge Gregory H. Woods on 4/24/2020) (ama)
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Filing 25
REPLY MEMORANDUM OF LAW in Support re: #22 MOTION to Dismiss the Amended Complaint. . Document filed by Swarovski North America Limited..(Estevez, Anne)
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Filing 24
FIRST MEMORANDUM OF LAW in Opposition re: #22 MOTION to Dismiss the Amended Complaint. . Document filed by Marcos Calcano. (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)
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Filing 23
MEMORANDUM OF LAW in Support re: #22 MOTION to Dismiss the Amended Complaint. . Document filed by Swarovski North America Limited..(Estevez, Anne)
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Filing 22
MOTION to Dismiss the Amended Complaint. Document filed by Swarovski North America Limited..(Estevez, Anne)
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Filing 21
ORDER denying #17 Motion to Dismiss. Because Plaintiff has amended his complaint, Defendant's motion to dismiss, Dkt. No. 17, is denied as moot. The deadline by which Defendant must answer or other respond to the amended complaint is March 30, 2020. If Defendant still anticipates moving to dismiss, the Court will again dispense with the pre-motion conference requirement, and directs Defendant to submit its motion by March 30, 2020. Should Defendant so move, Plaintiff's opposition is due three weeks after the date of service of Defendant's motion; and Defendant's reply, if any, is due one week after the date of service of Plaintiff's opposition. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Daniels, Anthony)
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Filing 20
FIRST AMENDED COMPLAINT amending #1 Complaint against Swarovski North America Limited with JURY DEMAND.Document filed by Marcos Calcano. Related document: #1 Complaint..(Marks, Bradly)
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Filing 19
NOTICE OF APPEARANCE by Bradly Gurion Marks on behalf of Marcos Calcano..(Marks, Bradly)
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Filing 18
MEMORANDUM OF LAW in Support re: #17 MOTION to Dismiss . . Document filed by Swarovski North America Limited..(Estevez, Anne)
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Filing 17
MOTION to Dismiss . Document filed by Swarovski North America Limited..(Estevez, Anne)
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Filing 16
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Swarovski North America Limited..(Fleming, Michael)
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Filing 15
ORDER. On January 6, 2020 the Court stayed the initial pretrial conference pending the Court's decision on Defendant's anticipated motion. Discovery is also stayed pending resolution of the motion. (HEREBY ORDERED by Judge Gregory H. Woods on January 17, 2020)(Text Only Order) (Daniels, Anthony)
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Filing 14
ORDER. Typically, a pre-motion conference letter for a motion to dismiss is due no later than the deadline of a defendants response to Plaintiff's complaint. In light of Defendant's January 2, 2020 letter, however, the Court will not require that Defendant submit a pre-motion conference letter, nor will the Court hold a pre-motion conference for the anticipated motion to dismiss. Instead, the Court directs Defendant to submit its motion to dismiss by February 17, 2020; Plaintiff's opposition is due three weeks after the date of service of Defendant's motion; and Defendant's reply, if any, is due one week after the date of service of Plaintiff's opposition. The initial pretrial conference is adjourned sine die, pending the Court's decision on the anticipated motion. (HEREBY ORDERED by Judge Gregory H. Woods on January 6, 2020) (Text Only Order)(Daniels, Anthony)
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Filing 12
MEDIATION WITHDRAWAL ORDER. In light of Defendant's anticipated motion to dismiss, it is hereby ordered that this case is withdrawn from the Court-annexed Mediation Program. SO ORDERED. (Signed by Judge Gregory H. Woods on 1/3/20) (yv)
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| Filing 11 LETTER addressed to Judge Gregory H. Woods from Michael F. Fleming dated January 2, 2020 re: request for relief from Mediation Referral Order (ECF No. 5). Document filed by Swarovski North America Limited.(Fleming, Michael) |
| Filing 10 WAIVER OF SERVICE RETURNED EXECUTED. Swarovski North America Limited waiver sent on 12/9/2019, answer due 2/7/2020. Document filed by Swarovski North America Limited. (Fleming, Michael) |
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Filing 9
ORDER granting #8 Motion for Anne Marie Estevez to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Daniels, Anthony)
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| Filing 8 MOTION for Anne Marie Estevez to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18245382. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Swarovski North America Limited. (Attachments: #1 Affidavit of Anne Marie Estevez, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Estevez, Anne) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #8 MOTION for Anne Marie Estevez to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18245382. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 7 NOTICE OF APPEARANCE by Michael Friel Fleming on behalf of Swarovski North America Limited. (Fleming, Michael) |
| Filing 6 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 2/14/2020 at 02:00 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 11/14/2019) (ks) |
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Filing 5
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 currently scheduled for February 14, 2020 at 2:00 p.m. by separate Order to be entered today. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. Plaintiff is directed to serve this order on Defendant and retain proof of service. 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 11/25/2019. (Signed by Judge Gregory H. Woods on 11/14/2019) (ks)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to Swarovski North America Limited. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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 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. (pc) |
| Case Designated ECF. (pc) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Swarovski North America Limited, re: #1 Complaint. Document filed by Marcos Calcano. (Gottlieb, Jeffrey) |
| Filing 2 CIVIL COVER SHEET filed. (Gottlieb, Jeffrey) |
| Filing 1 COMPLAINT against Swarovski North America Limited. (Filing Fee $ 400.00, Receipt Number ANYSDC-18052606)Document filed by Marcos Calcano.(Gottlieb, Jeffrey) |
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| Defendant: Swarovski North America Limited | |
| Represented By: | Michael Friel Fleming |
| Represented By: | Anne Marie Estevez |
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| Plaintiff: Marcos Calcano | |
| Represented By: | Jeffrey Michael Gottlieb |
| Represented By: | Bradly G. Marks |
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