Wiley v. Altice USA, Inc.
| Ms. Brittany Wiley and Brittany Wiley |
| Altice USA, Inc. |
| Edward Hellyer |
| 1:2020cv01297 |
| February 13, 2020 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Personal Property: Other |
| 28 U.S.C. § 1332 bc |
| Plaintiff |
Docket Report
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Filing 29
ORDER CONSOLIDATING CASES: Accordingly, it is ORDERED:1. The following Related Actions are consolidated for all pre-trial proceedings (the "Consolidated Action"): Abbreviated Case Name; Case No.; Date Filed: Wiley v. Altice USA, Inc., 20-CV-1297, Feb. 13, 2020. Hellyer v. Altice USA, Inc., 20-CV-1410, Feb. 18, 2020. 2. The Related Actions shall be consolidated under the lead docket, No. 20-CV-1297. Any new filings shall be made on the lead docket. Any dates and deadlines from No. 20-CV-1410 shall continue to apply in the lead docket. 3. In the event that a case that arises out of the same subject matter of the Consolidated Action is hereafter filed in this Court or transferred from another court ("a newly filed case"), defense counsel shall promptly serve a copy of this Order on the attorneys for the plaintiff(s) in the newly filed case and one or more of the parties shall promptly notify the Court so it may determine if the newly filed case should be consolidated in the Consolidated Action. 4. If the Court consolidates a newly filed case with the Consolidated Action, this Order shall apply thereto. Any objection to such consolidation must be filed within ten (10) days after the date upon which the Court orders consolidation by filing a letter motion in accordance with the Court's Individual Rules and Practices; any response to such a letter motion shall be filed within three business days. Nothing in the foregoing shall be construed as a waiver of the Defendant's right to object to consolidation of any subsequently filed or transferred action. 5. Pursuant to Rule 5(b)(2)(E) of the Federal Rules of Civil Procedure, service by email transmission shall be permitted in addition to service via ECF notification. 6. Plaintiffs shall have 30 days from April 3, 2020, to file a consolidated class action complaint in the Consolidated Action, which shall be due Monday, May 4, 2020. Plaintiff Wileyand any factual allegations associated with her individual circumstances shall be dismissed from the action, and additional named plaintiffs shall be added who plaintiffs believe did not sign an arbitration agreement with Defendant. 7. Defendant shall have 40 days following the filing of the consolidated class action complaint to answer or file any Rule 12 motion, which shall be due on Monday, June 15, 2020. 8. If Defendant files a Rule 12 motion, Plaintiffs shall have 40 days from such filing to respond, with such brief due on Monday, July 27, 2020. 9. Defendant shall have 15 days within which to reply to Plaintiffs' opposition, which shall be due on Monday, August 10, 2020. 10. According to Rule 23(g)(3) of the Federal Rules of Civil Procedure, the Court appoints William B. Federman of Federman & Sherwood as interim lead counsel for the putative class in the Consolidated Action. The Clerk of Court is directed to consolidate 20-CV-1297 and 20-CV-1410 under the lead docket, 20-CV-1297, and to close 20-CV-1410. (Signed by Judge Jesse M. Furman on 4/8/2020) Filed In Associated Cases: 1:20-cv-01297-JMF, 1:20-cv-01410-JMF (rj)
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Set/Reset Deadlines: Amended Pleadings due by 5/4/2020. Motions due by 6/15/2020. Responses due by 7/27/2020 Replies due by 8/10/2020. (rj)
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Filing 28
PROPOSED ORDER. Document filed by Brittany Wiley. Related Document Number: #23 ..(Bond, Cedric) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 27
NOTICE OF APPEARANCE by Cedric Bond on behalf of Brittany Wiley..(Bond, Cedric)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #28 Proposed Order was reviewed and approved as to form. (dt)
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Filing 26
ORDER: With apologies for the late notice, the time of the telephone conference tomorrow is CHANGED to 11:45 a.m. (HEREBY ORDERED by Judge Jesse M. Furman) (Text Only Order) (Furman, Jesse)
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Filing 25
ORDER granting #24 Motion for Cedric Christian Micaiah Bond to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 24
MOTION for Cedric Christian Micaiah Bond to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19315329. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brittany Wiley. (Attachments: #1 Affidavit Declaration of CCMB in Support of Application for Pro Hac, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order for Pro Hac Application).(Federman, William)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #24 MOTION for Cedric Christian Micaiah Bond to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19315329. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad)
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Filing 23
ORDER granting in part and denying in part #22 Letter Motion for Extension of Time to Answer. The requested extensions are GRANTED, except that the deadline in the event that the Court does not order consolidation shall run from the date of the Court's ruling because the Court sees no need to wait until May 14, 2020, to discuss the question of consolidation. Instead, it will hold a telephone conference on April 3, 2020, at 11:00 a.m. to address the question of consolidation. To access the conference, counsel should call (888) 363-4749 and use access code 542-1540, followed by the pound (#) key. (Members of the press and public may call the same number, but will not be permitted to speak during the conference.) Counsel should be sure to consult the Court's Emergency Individual Rules and Practices, available on the Court's website, and comply with the rules regarding conferences. In light of the foregoing, the May 14, 2020 initial pretrial conference is ADJOURNED to June 25, 2020, at 3:30 p.m. The Clerk of Court is directed to terminate ECF No. 22 in Docket 20-CV-1297 and ECF No. 20 in Docket 20-CV-1410. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/1/20) (yv)
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Set/Reset Hearings: Initial Conference set for 6/25/2020 at 03:30 PM before Judge Jesse M. Furman. Telephone Conference set for 4/3/2020 at 11:00 AM before Judge Jesse M. Furman. (yv)
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Filing 22
LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Jesse M. Furman from Michelle A. Reed dated March 31, 2020. Document filed by Altice USA, Inc.. (Attachments: #1 Stipulation and Proposed Order).(Reed, Michelle)
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Filing 21
ORDER granting #17 Motion for Richard A. Cochrane to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Richard A. Cochrane to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19009292. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
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Filing 20
ORDER with respect to #16 Letter Motion to Consolidate Cases. The Court will address the question of consolidation at the initial conferences on May 14, 2020. If any party believes that the question should be addressed, or the Court should hold a conference, sooner than that, it should confer with the other side and file a letter motion to that effect. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 19
ORDER granting #15 Motion for Elizabeth D. Scott to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 18
ORDER granting #14 Motion for Michelle A. Reed to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 17
MOTION for Richard A. Cochrane to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19009292. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Altice USA, Inc.. (Attachments: #1 Declaration of Richard A. Cochrane, #2 Exhibit 1 - Certificate of Good Standing, #3 Proposed Order).(Cochrane, Richard)
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Filing 16
FIRST LETTER MOTION to Consolidate Cases 20-cv-01410; 20-cv-01297 addressed to Judge Jesse M. Furman from William B. Federman dated 3/4/2020. Document filed by Brittany Wiley..(Federman, William)
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Filing 15
MOTION for Elizabeth D. Scott to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Altice USA, Inc.. (Attachments: #1 Declaration of Elizabeth D. Scott, #2 Exhibit 1 - Certificate of Good Standing, #3 Proposed Order).(Scott, Elizabeth)
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Filing 14
MOTION for Michelle A. Reed to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Altice USA, Inc.. (Attachments: #1 Declaration of Michelle A. Reed, #2 Exhibit 1 - Certificate of Good Standing, #3 Proposed Order).(Reed, Michelle)
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Filing 13
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Elizabeth D. Scott to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19004765. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Altice USA, Inc.. (Attachments: #1 Declaration of Elizabeth D. Scott, #2 Exhibit 1 - Certificate of Good Standing, #3 Proposed Order).(Scott, Elizabeth) Modified on 3/4/2020 (aea).
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Filing 12
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Michelle A. Reed to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19004501. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Altice USA, Inc.. (Attachments: #1 Declaration of Michelle A. Reed, #2 Exhibit 1 - Certificate of Good Standing, #3 Proposed Order).(Reed, Michelle) Modified on 3/4/2020 (aea).
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for Michelle A. Reed to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for Elizabeth D. Scott to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #12 MOTION for Michelle A. Reed to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19004501. Motion and supporting papers to be reviewed by Clerk's Office staff., #13 MOTION for Elizabeth D. Scott to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19004765. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from SUPREME COURT OF TEXAS. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (aea)
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Filing 11
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Altice USA, Inc...(Baldini, Stephen)
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Filing 10
RESPONSE re: #6 Order,,, . Document filed by Altice USA, Inc...(Baldini, Stephen)
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Filing 9
NOTICE OF APPEARANCE by Stephen Michael Baldini on behalf of Altice USA, Inc...(Baldini, Stephen)
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Filing 8
AFFIDAVIT OF SERVICE of Order Consolidating Cases, Notice of Pretrial Conference & JMF Civil Individual Practices served on Altice USA, Inc on 2/27/20. Service was made by Email. Document filed by Brittany Wiley. (Attachments: #1 Exhibit Proposed Order Re. Case Consolidation, #2 Exhibit Notice of Pretrial Conference, #3 Exhibit JMF Civil Individual Practices).(Federman, William)
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Filing 7
WAIVER OF SERVICE RETURNED EXECUTED. Altice USA, Inc. waiver sent on 2/27/2020, answer due 4/27/2020. Document filed by Brittany Wiley..(Federman, William)
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Filing 6
ORDER: On February 13, 2020, Plaintiff Wiley filed a complaint in 20-CV-1297. On February 18, 2020, Plaintiff Hellyer filed a similar complaint in 20-CV-1410. As of this Order, no motion for consolidation has been filed, but 20-CV-1410 has been accepted by the Court as related to 20-CV-1297, and the cases appear to involve common questions of law and fact. The Court is inclined to consolidate the cases pursuant to Rule 42 of the Federal Rules of Civil Procedure for all purposes. Any party who objects to such consolidation shall file a letter brief, not to exceed three single-spaced pages, by March 2, 2020. If no party files a letter opposing consolidation, the Court will consolidate the two cases without further notice to the parties. It is further ORDERED that Plaintiffs shall promptly serve a copy of this Order on Defendant and file proof of service on Plaintiffs' respective dockets. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/24/2020) (ama)
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Filing 5
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 5/14/2020 at 04:15 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/18/2020) (jca)
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Filing 4
ELECTRONIC SUMMONS ISSUED as to Altice USA, Inc...(dnh)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Altice USA, Inc., re: #1 Complaint. Document filed by Brittany Wiley..(Federman, William)
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Magistrate Judge Katharine H. Parker 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)
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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..(pne)
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney William Bernard Federman. The following case opening statistical information was erroneously selected/entered: Citizenship Defendant code 2 (Citizen of Another State); Dollar Demand $5,000,001,000. The following correction(s) have been made to your case entry: the Citizenship Defendant code has been modified to 4 (Incorporated/Principal Place of Business-This State); the Dollar Demand has been modified to None; no dollar demand entered on civil cover sheet. (pne)
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Case Designated ECF. (pne)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney William Bernard Federman. The party information for the following party/parties has been modified: Brittany Wiley, Altice USA, Inc.. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (pne)
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Filing 2
CIVIL COVER SHEET filed..(Federman, William)
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Filing 1
COMPLAINT against Altice USA, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-18796847)Document filed by Brittany Wiley..(Federman, William)
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