Jacobs v. Madison Reed, Inc. et al
| Nancy Jacobs |
| MADISON REED COLOR BAR, LLC, Madison Reed Color Bar Flatiron, Madison Reed, Inc., Madison Reed Color Bar II, LLC and Madison Reed Color Ball, LLC |
| 1:2020cv02624 |
| March 27, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Gregory H Woods |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 lp |
| Defendant |
Docket Report
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Filing 20
ORDER denying as moot #14 Motion to Compel Arbitration. The Court understands from Plaintiff's April 30, 2020 letter that the parties have agreed to proceed to arbitration without the need for a Court order. Accordingly, Defendant's motion is DENIED as moot, and this action is STAYED pending resolution of the arbitration proceeding. The parties are directed to provide the Court with a status update by letter no later than November 2, 2020. Plaintiff is directed to serve a copy of this order on all defendants unrepresented by counsel and to retain proof of service. The Clerk of Court is directed to mark this case as stayed, and terminate the motion pending at Dkt. No. 14. (Signed by Judge Gregory H. Woods on 5/4/2020) (mro)
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| Case Stayed (mro) |
| Filing 19 SECOND LETTER addressed to Judge Gregory H. Woods from Daniel T. Leav dated April 30, 2020 re: Defendant's Motion to Compel. Document filed by Nancy Jacobs..(Leav, Daniel) |
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Filing 18
ORDER: On April 10, 2020, Defendant Madison Reed Inc. filed a motion to Compel Arbitration and Dismiss. Dkt. No. 11. Four days later, the Court set a briefing schedule, giving Plaintiff until April 28, 2020 to file her opposition. See Dkt. No. 13. The day the opposition was due, the parties filed a proposed stipulation extending the deadline by which Plaintiff may file her opposition. See Dkt. No. 17. The Court's Individual Rules are clear: All requests for adjournments or extensions of time must be made, absent an emergency, at least two business days prior to the original due date, and provide the reason for the current request. Individual Rule 1(E). The parties' agreement is insufficient to warrant the Court's extension of the briefing schedule. Because the parties' letter does not explore the reason for this late request, the Court is unable to conclude whether there is good cause to permit the extension. However, Court presumes that Plaintiff is unprepared to file her opposition today, and will therefore extend the deadline by which she must file her opposition. Plaintiff's opposition is due no later than May 1, 2020. The remainder of the Court's briefing schedule remains in effect. Plaintiff is directed to serve a copy of this order on all defendants unrepresented by counsel and to retain proof of service. ( Responses due by 5/1/2020) (Signed by Judge Gregory H. Woods on 4/28/2020) (mro)
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| Filing 17 LETTER addressed to Judge Gregory H. Woods from Daniel T. Leav dated 04/27/2020 re: request adjournment of motion. Document filed by Nancy Jacobs..(Leav, Daniel) |
| Filing 16 FIRST MEMORANDUM OF LAW in Support re: #14 FIRST MOTION to Compel Arbitration . . Document filed by Madison Reed, Inc...(Malinow, Stacy) |
| Filing 15 AFFIRMATION of Stacy Ilene Malinow in Support re: #14 FIRST MOTION to Compel Arbitration .. Document filed by Madison Reed, Inc.. (Attachments: #1 Exhibit Ex. A: Summons & Complaint, #2 Exhibit Ex. B: Declaration of Maureen Watson, #3 Exhibit Ex. C: Terms of Service).(Malinow, Stacy) |
| Filing 14 FIRST MOTION to Compel Arbitration . Document filed by Madison Reed, Inc.. Return Date set for 5/13/2020 at 09:30 AM. (Attachments: #1 Exhibit Certificate of Service).(Malinow, Stacy) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Stacy Ilene Malinow to RE-FILE Document #11 FIRST MOTION to Compel Arbitration . ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Affirmation in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi) |
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Filing 13
ORDER: On April 10, 2020, Defendant Madison Reed Inc. filed a motion to Compel Arbitration. Dkt. No. 11. Plaintiff's opposition is due by April 28, 2020; and Defendant Madison Reed Inc.'s reply, if any, is due one week after the date of service of Plaintiff's opposition. Plaintiff is directed to serve a copy of this order on all defendants unrepresented by counsel. ( Responses due by 4/28/2020) (Signed by Judge Gregory H. Woods on 4/14/2020) (mro)
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| Filing 12 DEMAND for Trial by Jury. Document filed by Madison Reed, Inc..(Malinow, Stacy) |
| Filing 11 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Compel Arbitration . Document filed by Madison Reed, Inc.. Return Date set for 5/13/2020 at 09:30 AM. (Attachments: #1 Exhibit Affirmation in Support of Motion to Compel Arbitration, #2 Exhibit Ex. A to Affirmation in Support of Motion to Compel Arbitrationz: Summons & Complaint, #3 Exhibit Ex. B to Affirmation in Support of Motion to Compel Arbitration: Declaration of Maureen Watson, #4 Exhibit Ex. C to Affirmation in Support of Motion to Compel Arbitration: Madison Reed Terms of Service, #5 Exhibit Memo of Law in Support of Motion to Compel Arbitration, #6 Exhibit Jury Demand).(Malinow, Stacy) Modified on 4/15/2020 (ldi). |
| Filing 10 DEMAND for Trial by Jury. Document filed by Nancy Jacobs.(Leav, Daniel) |
| Filing 9 NOTICE OF APPEARANCE by Daniel T Leav on behalf of Nancy Jacobs..(Leav, Daniel) |
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Filing 8
ORDER granting #7 Motion for Extension of Time to Answer. Defendant Madison Reed, Inc.'s application for an extension of time to answer or otherwise respond to the complaint is granted. The deadline by which Defendant Madison Reed, Inc. must answer or otherwise respond to the complaint is extended to April 10, 2020. Defendant is reminded to comply in future with the Courts Individual Rules, including Rule 1(E) which requires, among other things, that any request for an extension of time must be made at least two business days prior to the original due date. Plaintiff is directed to serve a copy of this order on all defendants unrepresented by counsel. SO ORDERED. (Signed by Judge Gregory H. Woods on 4/5/2020) Madison Reed, Inc. answer due 4/10/2020 (ks)
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| Filing 7 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Gregory H. Woods from Stacy I. Malinow dated April 3, 2020. Document filed by Madison Reed, Inc.. (Attachments: #1 Text of Proposed Order).(Malinow, Stacy) |
| Filing 6 CIVIL COVER SHEET filed..(Malinow, Stacy) |
| Filing 5 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 9/4/2020 at 03:00 PM in Courtroom 12C of the United States District Court for the Southern District of New York, Daniel Patrick Moynihan U.S. Courthouse at 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 3/31/2020) (mro) |
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Filing 4
ORDER: This action was removed from the Supreme Court of the State of New York, Bronx County on March 27, 2020. Pursuant to Fed. R. Civ. P. 81(c)(3), if any party wishes to demand a jury trial in this matter, the demand must be served and filed no later than April 10, 2020. Additionally, Plaintiff's counsel is directed to promptly file a notice of appearance in this case. Defendants are directed to serve a copy of this order on Plaintiff, and to retain proof of service. (Signed by Judge Gregory H. Woods on 3/31/2020) (mro)
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| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Stacy Ilene Malinow. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 245 (Tort Product Liability); County code Albany; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 365 (Personal Inj. Prod. Liability); the County code has been modified to New York; the Fee Status code has been modified to pd (paid);. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Stacy Ilene Malinow. The party information for the following party/parties has been modified: MADISON REED COLOR BAR, LLC. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Stacy Ilene Malinow to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Second page is missing;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (pc) |
| 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (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 #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) |
| Case Designated ECF. (pc) |
| Filing 3 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by MADISON REED COLOR BAR, LLC, Madison Reed Color Bar Flatiron, Madison Reed Color Bar II, LLC, Madison Reed, Inc...(Malinow, Stacy) |
| Filing 2 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - CIVIL COVER SHEET filed..(Malinow, Stacy) Modified on 3/30/2020 (pc). |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 152072/2020. (Filing Fee $ 400.00, Receipt Number ANYSDC-19254863).Document filed by MADISON REED COLOR BAR, LLC, Madison Reed Color Bar Flatiron, Madison Reed, Inc., Madison Reed Color Bar II, LLC..(Malinow, Stacy) |
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