Dominguez v. Hot Topic, Inc.
| Yovanny Dominguez |
| Hot Topic, Inc. |
| 1:2019cv11163 |
| December 5, 2019 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
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Filing 12
ORDER granting #11 Letter Motion for Extension of Time to Answer re #1 Complaint. Application GRANTED. Defendant's deadline to respond to thecomplaint is EXTENDED nunc pro tunc to February 19, 2020. Theconference currently scheduled for February 25, 2020, will serve asthe initial pretrial conference. The parties are reminded to submit ajoint letter and Case Management Plan by the Thursday before theconference, and to conduct a mediation session at least two weeksprior to the conference, in accordance with the Court's initial orderentered on December 6, 2019. See ECF No. 5. The Clerk of Court isdirected to terminate ECF No. 11. SO ORDERED. (Hot Topic, Inc. answer due 2/19/2020.) (Signed by Judge Jesse M. Furman on 1/30/2020) (rro)
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| Set/Reset Hearings: Initial Conference set for 2/25/2020 at 03:30 PM before Judge Jesse M. Furman. (rro) |
| Filing 11 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint or Otherwise Respond addressed to Judge Jesse M. Furman from Sean J. Kirby dated January 29, 2020. Document filed by Hot Topic, Inc..(Kirby, Sean) |
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Filing 10
ORDER SCHEDULING DEFAULT JUDGMENT BRIEFING AND SHOW CAUSE HEARING: On December 5, 2019, Plaintiffs filed their Complaint with the Court. See Docket No. 1. Defendant was served with the Complaint on January 6, 2020, and proof of service was filed with the Court. See Docket No. 7. To date, Defendant has neither answered the Complaint, nor otherwise appeared in this action. In light of the foregoing, it is hereby ORDERED that any motion for default judgment shall be filed, in accordance with the Court's Individual Rules and Practices for Civil Cases (available at https://nysd.uscourts.gov/hon-jesse-m-furman), no later than February 12, 2020. Defendant shall file any opposition to the motion for default judgment no later than February 19, 2020. Defendant is cautioned that a corporation may appear in federal court only through licensed counsel, and "where a corporation repeatedly fails to appear by counsel, a default judgment may be entered against it." Grace v. Bank Leumi Tr. Co. of N.Y., 443 F.3d 180, 192 (2d Cir. 2006) (internal quotation marks omitted). If a motion for default judgment is filed, it is further ORDERED that Defendant appear and show cause before this Court, Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York, on February 25, 2020, at 3:30 p.m., why an order should not be issued granting a default judgment against Defendant. Prior to that date, Plaintiffs must file the proposed default judgment order electronically, using the ECF Filing Event "Proposed Default Judgment," for the Clerk's approval. In the event that Defendant appears or opposes the motion for default judgment prior to that date, the parties shall prepare to treat that conference as the initial pretrial conference with respect to the appearing Defendant. That is, if Defendant appears, opposes the motion, or seeks a nunc pro tunc extension of time to respond to the complaint, then the parties including Defendant shall follow the pre-conference procedures specified in the Court's Order of December 6, 2019, including by submitting a joint letter addressing certain topics and a proposed case management plan no later than the Thursday prior to the conference and by participating in an early mediation session at least two weeks prior to the conference. See Docket Nos. 5, 6. It is further ORDERED that Plaintiffs serve Defendant via overnight courier (1) with a copy of this Order within one business day of the date of this Order; and (2) with a copy of the motion for default judgment and all supporting papers within one business day of the date of any such motion. In each case, within two business days of service, Plaintiffs must file proof of such service on the docket. Finally, it is ORDERED that the initial pretrial conference previously scheduled for February 6, 2020 is adjourned sine die. The Clerk is directed to terminate Docket No. 9. SO ORDERED., Show Cause Hearing set for 2/25/2020 at 03:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman, Motions terminated: #9 LETTER MOTION to Adjourn Conference addressed to Judge Jesse M. Furman from Bradly G. Marks, Esq. dated January 28, 2020. filed by Yovanny Dominguez. (Signed by Judge Jesse M. Furman on 1/29/2020) (rj)
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| Filing 9 LETTER MOTION to Adjourn Conference addressed to Judge Jesse M. Furman from Bradly G. Marks, Esq. dated January 28, 2020. Document filed by Yovanny Dominguez.(Rodriguez, Alicia) |
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Filing 8
REVISED SCHEDULING ORDER: IT IS HEREBY ORDERED that the conference in this matter, previously scheduled for February 4, 2020, at 4:00 p.m., is RESCHEDULED for the February 6, 2020, at 3:15 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. The parties are reminded that they must file on ECF no later than Thursday, January 30, 2020, a joint letter, the contents of which is described in the Court's order scheduling the initial pretrial conference (ECF No. 6), as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter. (Initial Conference set for 2/6/2020 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 1/24/2020) (jwh)
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| Filing 7 AFFIDAVIT OF SERVICE. Hot Topic, Inc. served on 1/6/2020, answer due 1/27/2020. Service was accepted by Sue Zouky, legal clerk. Document filed by Yovanny Dominguez. (Marks, Bradly) |
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Filing 6
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 (by separate Order to be entered today) for February 4, 2020, at 4:00 p.m. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 12/16/2019. (Signed by Judge Jesse M. Furman on 12/6/2019) (jwh)
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Filing 5
ORDER REGARDING EARLY MEDIATION AND THE INITIAL PRETRIAL CONFERENCE: Initial Conference set for 2/4/2020 at 04:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman, and as further set forth in this order. (Signed by Judge Jesse M. Furman on 12/6/2019) (jwh)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to Hot Topic, Inc.. (pc) |
| 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 #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. (pc) |
| 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) |
| Case Designated ECF. (pc) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Hot Topic, Inc., re: #1 Complaint. Document filed by Yovanny Dominguez. (Marks, Bradly) |
| Filing 2 CIVIL COVER SHEET filed. (Marks, Bradly) |
| Filing 1 COMPLAINT against Hot Topic, Inc.. Document filed by Yovanny Dominguez.(Marks, Bradly) |
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| Defendant: Hot Topic, Inc. | |
| Represented By: | Sean Joseph Kirby |
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| Plaintiff: Yovanny Dominguez | |
| Represented By: | Bradly Gurion Marks |
| Represented By: | Alicia Evelyn Rodriguez |
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