Delacruz v. The Yankee Candle Company, Inc.
| Emanuel Delacruz |
| The Yankee Candle Company, Inc. |
| 1:2019cv10999 |
| November 27, 2019 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| 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 March 30, 2021. A more recent docket listing may be available from PACER.
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| Filing 45 CLERK'S JUDGMENT re: #44 Order on Motion to Dismiss in favor of The Yankee Candle Company, Inc. against Emanuel Delacruz. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated March 30, 2021, Defendant's motion is GRANTED and the complaint is DISMISSED. (Signed by Clerk of Court Ruby Krajick on 3/30/2021) (Attachments: #1 Right to Appeal) (km) |
Filing 44
ORDER granting #22 Motion to Dismiss; granting #27 Motion to Dismiss. For the reasons stated above, Defendant's motion is GRANTED and the complaint is DISMISSED. The Clerk of Court is direct to terminate the motions at ECF Nos. 22 and 27. SO ORDERED. (Signed by Judge Analisa Torres on 3/30/2021) (kv) Transmission to Orders and Judgments Clerk for processing.
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Filing 43
ORDER: granting in part and denying in part #42 Letter Motion for Extension of Time to Complete Discovery. GRANTED in part, DENIED in part. By February 1, 2021, the parties shall complete fact discovery. By March 1, 2021, the parties shall complete expert discovery. SO ORDERED. (Signed by Judge Analisa Torres on 12/18/2020) (ama)
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| Set/Reset Deadlines: Expert Discovery due by 3/1/2021. Fact Discovery due by 2/1/2021. (ama) |
| Filing 42 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Analisa Torres from Brett F. Clements dated 12/15/2020. Document filed by The Yankee Candle Company, Inc...(Clements, Brett) |
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Filing 41
ORDER granting #40 Letter Motion for Extension of Time to Complete Discovery. GRANTED. By December 15, 2020, the parties shall complete fact discovery. By January 29, 2021, the parties shall complete expert discovery. SO ORDERED. (Signed by Judge Analisa Torres on 9/14/2020) (kv)
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| Set/Reset Deadlines: Expert Discovery due by 1/29/2021. Fact Discovery due by 12/15/2020. (kv) |
| Filing 40 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Analisa Torres from Brett F. Clements dated 9/11/2020. Document filed by The Yankee Candle Company, Inc...(Clements, Brett) |
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Filing 39
ORDER granting #38 Letter Motion to Adjourn Conference. Request GRANTED. The settlement conference is adjourned sine die. The parties shall contact Magistrate Judge Aaron within ten days of the Second Circuit's decision on the consolidated appeal referenced below with respect to rescheduling a settlement conference. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 7/9/2020) (kl)
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| Filing 38 JOINT LETTER MOTION to Adjourn Conference Set for July 22, 2020 addressed to Magistrate Judge Stewart D. Aaron from Brett F. Clements dated 7/9/2020. Document filed by The Yankee Candle Company, Inc...(Clements, Brett) |
| Filing 37 FIRST LETTER addressed to Judge Analisa Torres from Jeffrey Gottlieb dated June 19, 2020 re: Supplemental Authority. Document filed by Emanuel Delacruz..(Gottlieb, Jeffrey) |
| Filing 36 REPLY MEMORANDUM OF LAW in Support re: #27 MOTION to Dismiss the First Amended Complaint. . Document filed by The Yankee Candle Company, Inc...(Clements, Brett) |
| Filing 35 NOTICE OF APPEARANCE by Kayvan Betteridge Sadeghi on behalf of The Yankee Candle Company, Inc...(Sadeghi, Kayvan) |
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Filing 34
ORDER SCHEDULING SETTLEMENT CONFERENCE:A settlement conference is scheduled before Magistrate Judge Stewart Aaron on Wednesday, July 22, 2020 at 10:00 a.m. Due to recent public health concerns, the settlement shall proceed by telephone unless the parties advise the Court that they have access to and prefer proceeding by alternative remote means, such as by video. The Court will provide dial-in information to the parties by email before the conference. The parties must comply with the Settlement Conference Procedures for Magistrate Judge Stewart D. Aaron, available at https://nysd.uscourts.gov/hon-stewart-d-aaron. So Ordered. (Settlement Conference set for 7/22/2020 at 10:00 AM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 5/27/2020) (js)
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Filing 33
ORDER granting #32 Letter Motion for Extension of Time to Complete Discovery. GRANTED. The fact discovery deadline is extended to September 15, 2020, and the expert discovery deadline to October 29, 2020. The case management conference scheduled for July 6, 2020 is ADJOURNED sine die. (Signed by Judge Analisa Torres on 5/19/2020) (cf)
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| Set/Reset Deadlines: Expert Discovery due by 10/29/2020. Fact Discovery due by 9/15/2020. (cf) |
| Filing 32 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Analisa Torres from Brett F. Clements dated 5/18/2020. Document filed by The Yankee Candle Company, Inc...(Clements, Brett) |
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Filing 31
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Stewart D. Aaron. (Signed by Judge Analisa Torres on 5/15/2020) (mro)
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| Filing 30 FIRST MEMORANDUM OF LAW in Opposition re: #27 MOTION to Dismiss the First Amended Complaint. . Document filed by Emanuel Delacruz. (Attachments: #1 Exhibit Def's Gift Card, #2 Exhibit NYC Official Braille ID Card, #3 Exhibit 15 U.S.C. 16931-1, #4 Exhibit NY GBL 396-I, #5 Exhibit Paulson Opinions).(Gottlieb, Jeffrey) |
| Set/Reset Deadlines: Motions due by 5/15/2020. Responses due by 6/5/2020 Replies due by 6/19/2020. (cf) |
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Filing 29
ORDER granting #25 Letter Motion for Leave to File Document. Having reviewed the parties' pre-motion letters, ECF Nos. 25, 26, it is hereby ORDERED that: 1. By May 15, 2020, Defendant shall file its motion to dismiss; 2. By June 5, 2020, Plaintiff shall file his opposition; and 3. By June 19, 2020, Defendant shall file its reply, if any. (Signed by Judge Analisa Torres on 4/17/2020) (cf)
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| Filing 28 MEMORANDUM OF LAW in Support re: #27 MOTION to Dismiss the First Amended Complaint. . Document filed by The Yankee Candle Company, Inc...(Clements, Brett) |
| Filing 27 MOTION to Dismiss the First Amended Complaint. Document filed by The Yankee Candle Company, Inc...(Clements, Brett) |
| Filing 26 FIRST LETTER addressed to Judge Analisa Torres from Jeffrey Gottlieb dated 4/10/2020 re: Opp to Pre-motion conference. Document filed by Emanuel Delacruz..(Gottlieb, Jeffrey) |
| Filing 25 LETTER MOTION for Leave to File Motion to Dismiss the First Amended Complaint addressed to Judge Analisa Torres from Brett F. Clements dated 4/10/2020. Document filed by The Yankee Candle Company, Inc...(Clements, Brett) |
| Filing 24 FIRST AMENDED COMPLAINT amending #1 Complaint against The Yankee Candle Company, Inc. with JURY DEMAND.Document filed by Emanuel Delacruz. Related document: #1 Complaint. (Attachments: #1 Exhibit Def's Gift Card).(Gottlieb, Jeffrey) |
| Filing 23 MEMORANDUM OF LAW in Support re: #22 MOTION to Dismiss the Complaint. . Document filed by The Yankee Candle Company, Inc...(Clements, Brett) |
| Filing 22 MOTION to Dismiss the Complaint. Document filed by The Yankee Candle Company, Inc...(Clements, Brett) |
| Filing 21 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Newell Brands Inc. for The Yankee Candle Company, Inc.. Document filed by The Yankee Candle Company, Inc...(Clements, Brett) |
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Filing 20
ORDER granting #17 LETTER MOTION for Leave to File Motion to Dismiss. Having reviewed the parties' pre-motion letters, ECF Nos. 17, 18, it is hereby ORDERED that: 1. By March 18, 2020, Defendant shall file its motion to dismiss 2. By April 8, 2020, Plaintiff shall file his opposition; and 3. By April 22, 2020, Defendant shall file its reply, if any. SO ORDERED. (Signed by Judge Analisa Torres on 2/19/2020) (jca)
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| Set/Reset Deadlines: Motions due by 3/18/2020. Responses due by 4/8/2020, Replies due by 4/22/2020. (jca) |
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Filing 19
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a magistrate judge, including motions an trial. 28 U.S.C. 636(c). This case is to be tried to a jury. Deposition due by 5/29/2020. Fact Discovery due by 6/17/2020. Expert Discovery due by 7/31/2020. Counsel for the parties have conferred and their present best estimate of the length of trial is: 3 days. Case Management Conference set for 7/6/2020 at 11:00 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 2/18/2020) (mro)
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| Filing 18 FIRST LETTER addressed to Judge Analisa Torres from Jeffrey Gottlieb dated Feb. 18, 2020 re: Opp to Def's Pre-motion Request. Document filed by Emanuel Delacruz..(Gottlieb, Jeffrey) |
| Minute Entry for proceedings held before Judge Analisa Torres: Initial Pretrial Conference held on 2/18/2020. (jw) |
| Filing 17 LETTER MOTION for Leave to File Motion to Dismiss addressed to Judge Analisa Torres from Brett F. Clements dated 2/13/2020. Document filed by The Yankee Candle Company, Inc...(Clements, Brett) |
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Filing 16
ORDER granting #15 Letter Motion for Conference. GRANTED. Counsel for Plaintiff is directed to call chambers at (212) 805-0292 on February 18, 2020, at 11:20 a.m. (Signed by Judge Analisa Torres on 2/13/2020) (cf)
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| Filing 15 FIRST LETTER MOTION for Conference to appear by telephone due to medical issues addressed to Judge Analisa Torres from Jeffrey Gottlieb dated Feb. 13, 2020. Document filed by Emanuel Delacruz. Return Date set for 2/18/2020 at 11:20 AM..(Gottlieb, Jeffrey) |
| Filing 14 PROPOSED CASE MANAGEMENT PLAN. Document filed by Emanuel Delacruz. (Gottlieb, Jeffrey) |
| Filing 13 FIRST LETTER addressed to Judge Analisa Torres from Jeffrey Gottleb dated Feb. 11, 2020 re: Joint Status for IC. Document filed by Emanuel Delacruz..(Gottlieb, Jeffrey) |
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Filing 12
ORDER granting in part and denying in part #11 Letter Motion for Extension of Time to File. GRANTED in part, DENIED in part. By February 28, 2020, Defendant shall answer or otherwise respond to the complaint. The initial pretrial conference scheduled for February 11, 2020 is ADJOURNED to February 18, 2020, at 11:20 a.m. By February 11, 2020, the parties shall submit their joint letter and proposed case management plan. (Signed by Judge Analisa Torres on 2/5/2020) (cf)
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| Filing 11 LETTER MOTION for Extension of Time to File Response to the Complaint and to adjourn the Initial Conference addressed to Judge Analisa Torres from Brett F. Clements dated 2/5/2020. Document filed by The Yankee Candle Company, Inc...(Clements, Brett) |
| Filing 10 NOTICE OF APPEARANCE by Brett Franklin Clements on behalf of The Yankee Candle Company, Inc...(Clements, Brett) |
| Set/Reset Deadlines: The Yankee Candle Company, Inc. answer due 2/28/2020., Set/Reset Hearings: (Initial Conference set for 2/18/2020 at 11:20 AM before Judge Analisa Torres.) (cf) |
| Filing 9 AFFIDAVIT OF SERVICE of Summons and Complaint. The Yankee Candle Company, Inc. served on 1/17/2020, answer due 2/7/2020. Service was accepted by Alish Smith, Reg. Agent c/o Corporation Service Co.. Document filed by Emanuel Delacruz. (Gottlieb, Jeffrey) |
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Filing 8
ORDER granting #7 Letter Motion for Extension of Time. GRANTED. The initial pretrial conference scheduled for January 29, 2020 is ADJOURNED to February 11, 2020, at 12:40 p.m. By February 4, 2020, the parties shall submit a joint letter and proposed case management plan. (Signed by Judge Analisa Torres on 1/16/2020) (cf)
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| Filing 7 FIRST LETTER MOTION for Extension of Time to adjourn IC until after Def appears addressed to Judge Analisa Torres from Jeffrey Gottlieb dated Jan. 16, 2020. Document filed by Emanuel Delacruz. Return Date set for 1/29/2020 at 10:30 AM.(Gottlieb, Jeffrey) |
| Set/Reset Hearings: Initial Conference set for 2/11/2020 at 12:40 PM before Judge Analisa Torres. (cf) |
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Filing 6
INITIAL PRETRIAL CONFERENCE ORDER: Initial Conference set for 1/29/2020 at 10:30 AM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres. SO ORDERED. (Signed by Judge Analisa Torres on 12/6/2019) (ks)
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Filing 5
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. As further set forth in this Order. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by January 22, 2020, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Analisa Torres on 12/6/2019) (ks)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to The Yankee Candle Company, Inc.. (pne) |
| 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 #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions. (pne) |
| Magistrate Judge Stewart D. Aaron 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pne) |
| Case Designated ECF. (pne) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to The Yankee Candle Company, Inc., re: #1 Complaint. Document filed by Emanuel Delacruz. (Gottlieb, Jeffrey) |
| Filing 2 CIVIL COVER SHEET filed. (Gottlieb, Jeffrey) |
| Filing 1 COMPLAINT against The Yankee Candle Company, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-18176459)Document filed by Emanuel Delacruz.(Gottlieb, Jeffrey) |
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| Plaintiff: Emanuel Delacruz | |
| Represented By: | Jeffrey Michael Gottlieb |
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| Defendant: The Yankee Candle Company, Inc. | |
| Represented By: | Brett Franklin Clements |
| Represented By: | Kayvan Betteridge Sadeghi |
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