Hill v. M.A.C. Cosmetics Inc. et al
| Tammeka Hill |
| Macy's Retail Holdings, LLC, The Este Lauder Companies Inc., M.A.C. Cosmetics Inc., MACY'S INC. d/b/a MACY'S, Macy's Inc. and The Estee Lauder Companies, Inc. |
| 1:2020cv09609 |
| November 16, 2020 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| P.I.: Other |
| 28 U.S.C. § 1332 pi |
| Both |
Docket Report
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This docket was last retrieved on April 19, 2021. A more recent docket listing may be available from PACER.
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Filing 64
ORDER ADJOURNING SETTLEMENT CONFERENCE: In light of the Stipulation of Dismissal filed on April 16, 2021 (doc. no 63) the Settlement Conference currently scheduled for May 20, 2021 is hereby adjourned sine die. (Signed by Magistrate Judge Katharine H. Parker on 4/19/2021) (mro)
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Filing 63
STIPULATED ORDER OF DISMISSAL, WITH PREJUDICE: IT IS HEREBY ORDERED: 1. This action is dismissed with prejudice. 2. Macy's, Inc.'s and Macy's Retail Holdings, LLC.'s cross-claims against M.A.C. Cosmetics Inc. and The Estee Lauder Companies Inc. are dismissed with prejudice. 3. No consideration was paid by any party for the dismissal of this action with prejudice. 4. Each party shall be responsible for its own attorneys' fees, costs and expenses. 5. This is a final order that disposes of all claims and closes this case. IT IS SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/16/2021) (va)
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| Filing 62 PROPOSED STIPULATION AND ORDER. Document filed by M.A.C. Cosmetics Inc., The Estee Lauder Companies, Inc...(Ainbinder, Bruce) |
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Filing 61
MEMO ENDORSEMENT on re: #60 Letter filed by Tammeka Hill. ENDORSEMENT: Granted. The Court has granted plaintiff's motion to discontinue this case with prejudice, Dkt. 60, but notes that plaintiff has not yet submitted the stipulation to this effect promised in its letter of April 13, 2021. The Court directs the plaintiff's counsel to file this stipulation forthwith. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/15/2021) (va)
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| Filing 60 LETTER addressed to Judge Paul A. Engelmayer from Brandon Cotter dated 4/13/2021 re: Discontinuing the Case. Document filed by Tammeka Hill..(Cotter, Brandon) |
| Filing 59 RESPONSE in Opposition to Motion re: #54 FIRST MOTION for Summary Judgment . Rule 56.1 opposition to Macy's statement of undisputed facts. Document filed by M.A.C. Cosmetics Inc., The Estee Lauder Companies, Inc...(Ainbinder, Bruce) |
| Filing 58 MEMORANDUM OF LAW in Opposition re: #54 FIRST MOTION for Summary Judgment . . Document filed by M.A.C. Cosmetics Inc., The Estee Lauder Companies, Inc...(Ainbinder, Bruce) |
| Filing 57 DECLARATION of Paul M. Tarr in Support re: #54 FIRST MOTION for Summary Judgment .. Document filed by Macy's Retail Holdings, LLC. (Attachments: #1 Exhibit Ex. A - Plaintiff's Complaint, #2 Exhibit Ex. B - MAC's Answer, #3 Exhibit Ex. C - Estee Lauder's Answer, #4 Exhibit Ex. D - Macy's Answer, #5 Exhibit Ex. E - Stipulation of Partial Dismissal, #6 Exhibit Ex. F - Macy's Incident Report, #7 Exhibit Ex. G - Plaintiff's Fed. R. Civ. P. 26(a)(1)(A) disclosure, #8 Exhibit Ex. H - MAC's Fed. R. Civ. P. 26(a)(1)(A) disclosure, #9 Exhibit Ex. I - MAC's Responses to Plaintiff's Request for Production, #10 Exhibit Ex. J - MAC's Responses to Plaintiffs' First Set of Interrogatories, #11 Exhibit Ex. K - Transcript of deposition of Macy's employee Jessica Baez).(Tarr, Paul) |
| Filing 56 RULE 56.1 STATEMENT. Document filed by Macy's Retail Holdings, LLC..(Tarr, Paul) |
| Filing 55 FIRST MEMORANDUM OF LAW in Support re: #54 FIRST MOTION for Summary Judgment . . Document filed by Macy's Retail Holdings, LLC..(Tarr, Paul) |
| Filing 54 FIRST MOTION for Summary Judgment . Document filed by Macy's Retail Holdings, LLC. Responses due by 4/13/2021.(Tarr, Paul) |
| Filing 53 NOTICE OF APPEARANCE by Paul M. Tarr on behalf of Macy's Inc., Macy's Retail Holdings, LLC..(Tarr, Paul) |
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Filing 52
ORDER granting #49 Motion re: #49 MOTION M.A.C. Cosmetics Inc. and the Estee Lauder Companies Inc.'s Motion to Enter the Agreed Upon Non-Sharing Protective Order and Confidentiality Agreement . AND NOW, this 4 day of March, 2021, upon consideration of the Motion of Defendants M.A.C. Cosmetics Inc. and The Estee Lauder Companies, Inc. to enter the Agreed Upon Non-Sharing Protective Order and Confidentiality Agreement between all parties in the above-captioned matter, and as agreed upon by all parties, it is hereby ORDERED and DECREED that said Motion is GRANTED. SO ORDERED.. (Signed by Judge Paul A. Engelmayer on 3/4/2021) (jca)
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Filing 51
ORDER FOR ADMISSION PRO HAC VICE granting #50 MOTION for Mark Webb to Appear Pro Hac Vice with Attachments. (Signed by Judge Paul A. Engelmayer on 3/4/2021) (jca)
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| Filing 50 MOTION for Mark Webb to Appear Pro Hac Vice with Attachments. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Tammeka Hill. (Attachments: #1 Attorney Affidavit, #2 Supreme Court of California - Certificate of Good Standing, #3 Plaintiff Affidavit, #4 Proposed Order for Admission).(Webb, Mark) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #50 MOTION for Mark Webb to Appear Pro Hac Vice with Attachments. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea) |
| Filing 49 MOTION M.A.C. Cosmetics Inc. and the Estee Lauder Companies Inc.'s Motion to Enter the Agreed Upon Non-Sharing Protective Order and Confidentiality Agreement . Document filed by M.A.C. Cosmetics Inc., The Estee Lauder Companies, Inc.. (Attachments: #1 Exhibit A - Agreed Upon Non-Sharing Protective Order and Confidentiality Agreement, #2 Exhibit B - Proposed Order).(Ainbinder, Bruce) |
| Filing 48 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Mark Webb to Appear Pro Hac Vice with Attachments. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Tammeka Hill. (Attachments: #1 Attorney Affidavit, #2 Certificate of Good Standing from The State Bar of California, #3 Plaintiff Affidavit, #4 Proposed Order for Admission).(Webb, Mark) Modified on 3/3/2021 (wb). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #47 MOTION for Mark Webb to Appear Pro Hac Vice . 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 California;. 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.. (wb) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #48 MOTION for Mark Webb to Appear Pro Hac Vice with Attachments. 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 California;. 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.. (wb) |
| Filing 47 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Mark Webb to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Tammeka Hill. (Attachments: #1 Attorney Affidavit, #2 Certificate of Good Standing, #3 Plaintiff Affidavit, #4 Order for Admission).(Webb, Mark) Modified on 3/3/2021 (wb). |
| Filing 46 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Mark Webb to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24157425. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Tammeka Hill..(Webb, Mark) Modified on 3/2/2021 (vba). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #46 MOTION for Mark Webb to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24157425. 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 CALIFORNIA;. 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.. (vba) |
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Filing 45
STIPULATION OF PARTIAL DISMISSAL OF CROSS-CLAIMS: IT IS HEREBY STIPULATED AND AGREED, by and between counsel for the defendants, MACY'S, INC. and MACY'S RETAIL HOLDINGS, LLC, and defendants, M.A.C. COSMETICS INC. and THE ESTEE LAUDER COMPANIES, INC., as to the following: Defendants', MACY'S, INC. and MACY'S RETAIL HOLDINGS, LLC, cross-claims for contractual indemnity, breach of contract and failure to procure insurance against defendants, M.A.C. COSMETICS INC. and THE ESTEE LAUDER COMPANIES, INC., are hereby dismissed with prejudice. Defendants, MACY'S, INC. and MACY'S RETAIL HOLDINGS, LLC, continue to maintain their cross claims against defendants, M.A.C. COSMETICS INC. and THE ESTEE LAUDER COMPANIES, INC., for contribution and common law indemnity and these are not dismissed. So Ordered. (Signed by Judge Paul A. Engelmayer on 2/17/2021) Macy's Inc., Macy's Retail Holdings, LLC, Macy's Retail Holdings, LLC, The Estee Lauder Companies, Inc., M.A.C. Cosmetics Inc. and Macy's Inc. terminated. (ks)
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| Filing 44 LETTER addressed to Judge Paul A. Engelmayer from Robert N. Dunn, Esq. dated February 16, 2021 re: Partial Stipulation of Dismissal of Crossclaims. Document filed by Macy's Inc., Macy's Retail Holdings, LLC. (Attachments: #1 Exhibit Partial Stipulation of Dismissal of Crossclaims).(Dunn, Robert) |
| Filing 43 NOTICE OF APPEARANCE by Brandon Robert Cotter on behalf of Tammeka Hill..(Cotter, Brandon) |
| Filing 42 NOTICE of attorney lien. Document filed by Tammeka Hill..(Jaroslawicz, David) |
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Filing 41
ORDER SCHEDULING SETTLEMENT CONFERENCE: A telephonic settlement conference in this matter is scheduled for Thursday, May 20, 2021 at 10:00 a.m. Counsel for the parties are directed to call Judge Parker's court conference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. Corporate parties must send the person with decision making authority to settle the matter to the conference. The parties are instructed to complete the Settlement Conference Summary Report and prepare pre-conference submissions in accordance with the Judge Parker's Individual Rules of Practice. Pre-conference submissions must be received by the Court no later than May 13, 2021 by 5:00 p.m. ( Telephone Conference set for 5/20/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 1/13/2021) (mro)
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Filing 40
ORDER FOR ADMISSION PRO HAC VICE granting #39 Motion for Daniel J. Kain to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 1/13/2021) (nb)
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| Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Telephone Conference held on 1/13/2021. (ca) |
| Filing 39 MOTION for Daniel J. Kain to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by M.A.C. Cosmetics Inc., The Estee Lauder Companies, Inc.. (Attachments: #1 Affidavit, #2 Certificate of Good Standing (PA), #3 Certificate of Good Standing (NJ), #4 Text of Proposed Order).(Kain, Daniel) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #39 MOTION for Daniel J. Kain 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) |
| Filing 38 NOTICE of Substitution of Attorney. Old Attorney: David Jaroslawicz, Esq., New Attorney: Michael Rose, Esq., Address: Hach & Rose LLP, 112 Madison Avenue, 10th Floor, New York, New York, USA 10016, 212-779-0057. Document filed by Tammeka Hill..(Rose, Michael) |
| Filing 37 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Daniel J. Kain to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23395700. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by M.A.C. Cosmetics Inc., The Estee Lauder Companies, Inc.. (Attachments: #1 Affidavit, #2 Certificate of Good Standing (PA), #3 Certificate of Good Standing (NJ), #4 Text of Proposed Order).(Kain, Daniel) Modified on 1/7/2021 (bcu). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #37 MOTION for Daniel J. Kain to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23395700. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Attorney Affidavit not notarized.;. Re-file the motion as a Corrected 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.. (bcu) |
| Filing 36 ANSWER to #28 , #29 Crossclaim., ANSWER to #28 , #29 Crossclaim. Document filed by The Estee Lauder Companies, Inc...(Ainbinder, Bruce) |
| Filing 35 ANSWER to #28 , #29 Crossclaim., ANSWER to #28 , #29 Crossclaim. Document filed by M.A.C. Cosmetics Inc...(Ainbinder, Bruce) |
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Filing 34
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. This case is to be tried to a jury. Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motion to amend or to join additional parties shall be filed within 60 days from the date of this Order. Fact Discovery due by 6/16/2021. Deposition due by 5/13/2021. Expert Discovery due by 10/14/2021. Counsel for the parties have conferred and their present best estimate of the length of trial is 5 to 10 days. Motions for Summary Judgment due by 3/30/2021. Responses due by 4/13/2021 Replies due by 4/20/2021. Case Management Conference set for 7/13/2021 at 02:00 AM before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 12/17/2020) (jwh)
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Filing 33
ORDER SCHEDULING TELEPHONE CONFERENCE: This case has been referred to me for settlement purposes (docket no. 31). A telephone conference will be held on Wednesday, January 13, 2021 at 2:00 p.m. in advance of a settlement conference. The parties are directed to review Judge Parker's Individual Practices at http://nysd.uscourts.gov/judge/Parker concerning settlement conferences in advance of the call. Counsel for the parties are directed to call Judge Parker's Chambers court conference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. ( Telephone Conference set for 1/13/2021 at 02:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 12/17/2020) (mro)
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| Filing 32 PROPOSED CASE MANAGEMENT PLAN. Document filed by Tammeka Hill..(Eilender, Elizabeth) |
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Filing 31
ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Katharine H. Parker. Counsel for plaintiff is directed to contact the Magistrate Judge's chambers to schedule a settlement conference on a mutually agreeable date only at such a time when plaintiff and at least one defendant are prepared to discuss settlement. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/17/2020) (ama)
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| Minute Entry for proceedings held before Judge Paul A. Engelmayer: Telephonic Initial Pretrial Conference held on 12/16/2020. (ajs) |
| Filing 30 PROPOSED CASE MANAGEMENT PLAN. Document filed by Tammeka Hill..(Eilender, Elizabeth) |
| Filing 29 ANSWER to Complaint with JURY DEMAND., CROSSCLAIM against M.A.C. Cosmetics Inc., The Estee Lauder Companies, Inc.. Document filed by Macy's Retail Holdings, LLC, Macy's Inc...(Dunn, Robert) |
| Filing 28 ANSWER to Complaint with JURY DEMAND., CROSSCLAIM against M.A.C. Cosmetics Inc., The Estee Lauder Companies, Inc.. Document filed by Macy's Inc., Macy's Retail Holdings, LLC..(Dunn, Robert) |
| Filing 27 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Macy's, Inc. for Macy's Inc., Macy's Retail Holdings, LLC. Document filed by Macy's Inc., Macy's Retail Holdings, LLC..(Dunn, Robert) |
| Filing 26 JOINT LETTER addressed to Judge Paul A. Engelmayer from Elizabeth Eilender dated December 10, 2020 re: Joint Letter to the Court in advance of Rule 16 Conference scheduled for December 16.2020 at 3:30 pm. Document filed by Tammeka Hill..(Eilender, Elizabeth) |
| Filing 25 AFFIDAVIT OF SERVICE. Service was accepted by Colleen Banahan - Clerk, Office of the Secretary of State. Document filed by Tammeka Hill..(Jaroslawicz, David) |
| Filing 24 AFFIDAVIT OF SERVICE. Service was accepted by Colleen Banahan - Clerk, Office of the Secretary of State. Document filed by Tammeka Hill..(Jaroslawicz, David) |
| Filing 23 AFFIDAVIT OF SERVICE. Macy's Retail Holdings, LLC served on 11/18/2020, answer due 12/9/2020. Service was accepted by Colleen Banahan - Clerk, Office of the Secretary of State. Document filed by Tammeka Hill..(Jaroslawicz, David) |
| Filing 22 AFFIDAVIT OF SERVICE. M.A.C. Cosmetics Inc. served on 11/18/2020, answer due 12/9/2020. Service was accepted by Colleen Banahan - Clerk, Office of the Secretary of State. Document filed by Tammeka Hill..(Jaroslawicz, David) |
| Filing 21 NOTICE OF APPEARANCE by Robert Nicholas Dunn on behalf of Macy's Inc., Macy's Retail Holdings, LLC..(Dunn, Robert) |
| Filing 20 LETTER addressed to Judge Paul A. Engelmayer from Bruce Ainbinder (BA-8580) dated November 30, 2020 re: Response to Judge Engelmayer's 11-18-20 order. Document filed by M.A.C. Cosmetics Inc., The Estee Lauder Companies, Inc.. (Attachments: #1 Affidavit Affidavit of service by mail on plaintiff Tammeka Hill, Macy's Inc. and Macy's Retail Holdings LLC).(Ainbinder, Bruce) |
| Filing 19 NOTICE OF APPEARANCE by James C. Ughetta on behalf of M.A.C. Cosmetics Inc., The Estee Lauder Companies, Inc...(Ughetta, James) |
| Filing 18 AFFIDAVIT OF SERVICE of Notice of Removal and Judge's November 18, 2020 order served on Macy's Retail Holding LLC on November 20, 2020. Service was accepted by Aisha Sutton. Document filed by M.A.C. Cosmetics Inc., The Estee Lauder Companies, Inc...(Ainbinder, Bruce) |
| Filing 17 AFFIDAVIT OF SERVICE of Notice of Removal and Judge's November 18, 2020 order served on Macy's Inc. on 11/20/20. Service was accepted by Aisha Sutton. Document filed by M.A.C. Cosmetics Inc., The Estee Lauder Companies, Inc...(Ainbinder, Bruce) |
| Filing 16 NOTICE OF APPEARANCE by Elizabeth Eilender on behalf of Tammeka Hill..(Eilender, Elizabeth) |
| Filing 15 AFFIDAVIT OF SERVICE of The Estee Lauder Companies Inc.'s answer with jury demand served on Tammeka Hill, Macy's Inc., and Macy's Retail Holdings LLC on November 23, 2020. Service was made by Mail. Document filed by The Estee Lauder Companies, Inc...(Ainbinder, Bruce) |
| Filing 14 ANSWER to Complaint with JURY DEMAND. Document filed by The Estee Lauder Companies, Inc...(Ainbinder, Bruce) |
| Filing 13 AFFIDAVIT OF SERVICE of letter and Judge Engelmayer's November 17th and 18th order served on Tammeka Hill, Macy's Inc., and Macy's Retail Holdings LLC on 11/19/2020. Service was made by Mail. Document filed by M.A.C. Cosmetics Inc., The Estee Lauder Companies, Inc.. (Attachments: #1 Exhibit Letter required to be served on all parties that include the Judge Engelmayer's order).(Ainbinder, Bruce) |
| Filing 12 DEMAND for Trial by Jury. Document filed by Tammeka Hill.(Jaroslawicz, David) |
| Filing 11 NOTICE OF APPEARANCE by David Jaroslawicz on behalf of Tammeka Hill..(Jaroslawicz, David) |
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Filing 10
ORDER: An initial pretrial conference is currently scheduled for December 16, 2020 at 3:30 p.m. See Dkt. 6. In addition to the joint letter and proposed case management plan described therein, which remain due to the Court by December 11, 2020, the Court further instructs as follows. Counsel for the removing defendant(s) are directed to serve a copy of this Order and the Court's order at Dkt. 6 on each other party within 14 days following the date of this order; a copy of this Order must also be served with any subsequent process that brings in additional parties, and proof of such service must be filed promptly with the Court. If the removing defendant's counsel is unaware of the identity of counsel for any of the other parties, he or she must forthwith send a copy of this Order to that party personally. Counsel for the removing defendant(s) are further directed to serve on all other parties and submit to the Court within 14 days following the date of this order a letter, filed on ECF, providing the following information: 1. Whether all defendants who had been served at the time of removal joined in the notice of removal. 2. Whether the notice of removal was dated more than 30 days after the first defendant was served. 3. If the action has been removed on the grounds of diversity jurisdiction, the citizenship of all named plaintiffs and all named defendants (including the citizenship of all members or partners in any non-corporate entity), if such states of citizenship were not set forth in the notice of removal. If any plaintiff has a response to defendant's submission, that response must be submitted to the Court within 7 days of service of defendant's submission. Any motion to remand the action to state court based on procedural defects in the removal must be filed within 30 days of removal. See 28 U.S.C. 1447(c). If this case has been settled or otherwise terminated, counsel are not required to appear, provided that a stipulation of discontinuance, voluntary dismissal, or other proof of termination is sent prior to the date of the conference via e-mail to the Orders and Judgment Clerk at the following e-mail address: orders_and_judgments@nysd.uscourts.gov. All conferences with the Court are scheduled for a specific time; there is no other matter scheduled for that time; and counsel are directed to appear promptly. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. Requests for adjournment may be made only in a writing received no later than two business days before the conference. The written submission must comply with Section 1.E of the Court's Individual Rules. Unless counsel are notified that the conference has been adjourned, it will be held as scheduled. This conference will remain telephonic. The parties should call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound (#) key. Counsel are directed to review the Court's Emergency Individual Rules and Practices in Light of COVID-19, found at https://nysd.uscourts.gov/hon-paul- engelmayer, for the Court's procedures for telephonic conferences and for instructions for communicating with chambers. (Signed by Judge Paul A. Engelmayer on 11/18/2020) (rj) Modified on 12/7/2020 (rj).
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| Filing 9 NOTICE OF APPEARANCE by Robert Dickerson Wilson, Jr on behalf of M.A.C. Cosmetics Inc...(Wilson, Robert) |
| Filing 8 AFFIDAVIT OF SERVICE of M.A.C. Cosmetics Inc.'s Answer to the Complaint and Demand for Jury Trial, and Notice of Initial Pre-trial Conference served on Tammeka Hill, Macy's Inc., and Macy's Retail Holdings LLC on 11/18/20. Service was made by Mail. Document filed by M.A.C. Cosmetics Inc., The Estee Lauder Companies, Inc...(Ainbinder, Bruce) |
| Filing 7 ANSWER to Complaint with JURY DEMAND. Document filed by M.A.C. Cosmetics Inc...(Ainbinder, Bruce) |
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Filing 6
NOTICE OF INITIAL PRETRIAL CONFERENCE: An initial pretrial conference is hereby scheduled for December 16, 2020 at 3:30 p.m. This conference will be held telephonically. The parties should call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound (#) key. Counsel are directed to review the Court's Emergency Individual Rules and Practices in Light of COVID-19, found at https://nysd.uscourts.gov/hon-paul-engelmayer, for the Court's procedures for telephonic conferences and for instructions for communicating with chambers. All conferences with the Court are scheduled for a specific time; there is no other matter scheduled for that time, and counsel are directed to appear promptly. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. Plaintiff's counsel is directed (1) serve a copy of this order upon all attorneys in this action, and (2) to file proof of such notice with the Court. If plaintiff's counsel is unaware of the identity of counsel for any of the parties, plaintiff's counsel must forthwith send a copy of this order to that party personally. And as set forth herein. SO ORDERED. Initial Conference set for 12/16/2020 at 03:30 PM before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 11/17/2020) (ama)
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| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Bruce Daniel Ainbinder. The party information for the following party/parties has been modified: MACY'S INC. d/b/a MACY'S, The Este Lauder Companies Inc.. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps;. (pc) |
| 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. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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 5 AFFIDAVIT OF SERVICE of Notice of removal with exhibits, Civil Cover Sheet, M.A.C. Cosmetic's ad The Estee Lauder Comapnies Inc.'s FRCP 7.1 statement served on Tammeka Hill, Macy's Inc., and Macy's Retail Holdings LLC on November 16, 2020. Service was made by Mail. Document filed by M.A.C. Cosmetics Inc., The Este Lauder Companies Inc...(Ainbinder, Bruce) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Este Lauder Companies Inc...(Ainbinder, Bruce) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent The Estee Lauder Companies Inc. for M.A.C. Cosmetics Inc.. Document filed by M.A.C. Cosmetics Inc...(Ainbinder, Bruce) |
| Filing 2 CIVIL COVER SHEET filed..(Ainbinder, Bruce) |
| Filing 1 NOTICE OF REMOVAL from New York Supreme Court, County of New York. Case Number: 159765/2020. (Filing Fee $ 400.00, Receipt Number ANYSDC-22598612).Document filed by The Este Lauder Companies Inc., M.A.C. Cosmetics Inc.. (Attachments: #1 Exhibit Exhibit A - Complaint State Court action, #2 Exhibit Exhibit B - Macy's Retail Holdings LLC information, #3 Exhibit Exhibit C - plaintiff's demand letter).(Ainbinder, Bruce) |
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