Bueno v. Eurostars Hotel Company, S.L. et al
| Marta Bueno |
| Front Property Hotel Corporation, Agincourt 2008, S.L.U., Amancio Lopez Seijas, Eurostars Hotel Company, S.L., Grupo Hotusa and Cristina Marroqui |
| 1:2021cv00535 |
| January 21, 2021 |
| US District Court for the Southern District of New York |
| John G Koeltl |
| Robert W Lehrburger |
| Civil Rights: Jobs |
| 28 U.S.C. § 1331 ed Fed. Question: Employment Discrimination |
| Both |
Docket Report
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This docket was last retrieved on February 21, 2024. A more recent docket listing may be available from PACER.
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Filing 92
MEMO ENDORSEMENT on re: #91 Status Report filed by Marta Bueno. ENDORSEMENT: The Court appreciates the parties' informative status report; in the future the parties need not be so detailed unless they are presenting an issue for resolution. In the meantime, the Court reminds the parties of their duty to cooperate and to timely comply with their discovery obligations. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 11/21/2023) (mml)
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Filing 91
STATUS REPORT. Discovery Joint Status Letter Document filed by Marta Bueno..(Chickedantz, Maria)
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Filing 90
NOTICE OF APPEARANCE by Irene Ribeiro Gee on behalf of Eurostars Hotel Company, S.L...(Gee, Irene)
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Filing 89
STIPULATION REGARDING DISCOVERY: The Plaintiff Marta Bueno ("Ms. Bueno" or "Plaintiff") and the Defendants Eurostars Hotel Company, S.L., Front Property Hotel Corporation and Amancio Lopez Seijas (collectively the "Defendants") (the Plaintiff and Defendants collectively referred to as the "Parties"), through their respective counsel, HEREBY STIPULATE AND AGREE, AS FOLLOWS: 1. On June 21, 2023, Defendants served written answers and objections to Plaintiff's First Set of Interrogatories. Defendants did not provide said answers under oath as required by Rule 33(b)(3) of the Federal Rules of Civil Procedure ("FRCP"). After meeting and conferring about discovery, including through written correspondences and a phone call on August 28, 2023, the Parties agree that each of the three (3) Defendants shall execute Verifications attached hereto as EXHIBIT A, as further set forth herein. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 10/2/2023) (mml)
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Filing 88
PROPOSED STIPULATION AND ORDER. Document filed by Marta Bueno..(Chickedantz, Maria)
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Filing 87
STATUS REPORT. Discovery Joint Status Letter Document filed by Marta Bueno..(Chickedantz, Maria)
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Filing 86
ORDER granting #81 Letter Motion for Extension of Time. Granted (nunc pro tune). SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 8/7/23) (yv)
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Filing 85
JOINT ELECTRONIC DISCOVERY SUBMISSION NO. 1 AND ORDER: One or more of the parties to this litigation have indicated they believe that relevant information may exist or be stored in electronic format, and that this content is potentially responsive to current or anticipated discovery requests. This Joint Submission and Order (and any subsequent ones) shall be the governing document(s) by which the parties and the Court manage the electronic discovery process in this action. The parties and the Court recognize that this Joint Submission and [Proposed] Order is based on facts and circumstances as they are currently known to each party, that the electronic discovery process is iterative, and that additions and modifications to this submission may become necessary as more information becomes known to the parties, as further set forth herein. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 6/16/2023) (mml)
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Filing 84
STIPULATED AGREEMENT AND ORDER UNDER FED. R. EVID. 502(d): IT IS HEREBY STIPULATED, AGREED, AND ORDERED that, pursuant to Fed. R. Evid. 502(d), a Party's inadvertent or intentional disclosure or production of any documents or information in this proceeding shall not, for the purposes of this proceeding or any other proceeding in any other court, constitute a waiver by that Party of the attorney-client privilege or work product protection as applicable to those documents. The provisions of Fed. R. Evid. 502(b) are inapplicable to the production of documents or information under this Order. Specifically, there has been no waiver if a party discloses privileged or protected information inadvertently or otherwise, regardless of whether the party took reasonable steps to prevent the disclosure or to rectify the error. Any party receiving any such documents or information shall, within fifteen (15) days of written notice from and request by the producing party return such documents or information to the producing party, and delete any versions of the documents or information it maintains, and make no use of the same, except for the purpose of challenging the claim of privilege, which the receiving party shall do, if at all. within fifteen (15) days of receipt of notice of the claim of privilege. Nothing in this Order shall prevent a receiving party from challenging the privilege or protection asserted by the producing party. Pursuant to Fed. R. Civ. P. 26, the producing party bears the burden of establishing the privilege or protection of all such challenged documents and shall adhere to the requirements of Local Civil Rule 26.2. The time periods herein can be extended if the parties agree in writing. Disclosure of information or documents by the receiving party before the producing party designates the information as protected shall not be deemed a violation of this Order. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 6/16/2023) (mml)
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Filing 83
PROPOSED STIPULATION AND ORDER. Document filed by Eurostars Hotel Company, S.L., Front Property Hotel Corporation, Amancio Lopez Seijas..(Dunning, Brian)
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Filing 82
PROPOSED ORDER. Document filed by Eurostars Hotel Company, S.L., Front Property Hotel Corporation, Amancio Lopez Seijas..(Dunning, Brian) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 81
LETTER MOTION for Extension of Time to Serve Discovery Responses addressed to Magistrate Judge Robert W. Lehrburger from Brian Dunning dated June 16, 2023. Document filed by Eurostars Hotel Company, S.L., Front Property Hotel Corporation, Amancio Lopez Seijas..(Dunning, Brian)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #82 Proposed Order was reviewed and approved as to form. (tp)
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Filing 80
AMENDED DISCOVERY ORDER: Except for good cause shown, all discovery, including expert discovery and service of discovery responses, shall be commenced in time to be completed, on or before May 31, 2024, subject to the following additional requirements: Deposition due by 3/1/2024. Expert Discovery due by 5/31/2024. Discovery due by 5/31/2024. The parties shall submit a joint status letter every 90 days. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 5/24/2023) (ama)
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Filing 79
PROPOSED SCHEDULING ORDER. Document filed by Marta Bueno..(Shehan, Kevin)
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Filing 78
ORDER: On August 25, 2022, the Court stayed discovery pending a decision on Defendants motion for partial dismissal. The Court denied the motion on May 10, 2023. Accordingly, the stay is lifted. The parties shall meet and confer and by May 25, 2023 shall submit a proposed revised schedule for completing discovery. SO ORDERED. Copies transmitted to all counsel of record. (Signed by Magistrate Judge Robert W. Lehrburger on 5/11/2023) (mml)
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Filing 77
MEMORANDUM OPINION AND ORDER re: #74 LETTER MOTION for Oral Argument regarding Defendants' Motion to Dismiss Plaintiff's Retaliation Claims addressed to Judge John G. Koeltl from Maria L Chickedantz dated September 26, 2022. filed by Marta Bueno, #70 MOTION to Dismiss Plaintiff's Retaliation Claims. filed by Front Property Hotel Corporation, Amancio Lopez Seijas, Eurostars Hotel Company, S.L. The Court has considered all of the arguments raised by the parties. To the extent not specifically addressed above, the arguments are either moot or without merit. For the foregoing reasons, the defendants' motion to dismiss the plaintiff's retaliation claims is granted. Counts II, IV, and VII of the SAC are dismissed with prejudice. The plaintiff's request for oral argument is denied as moot. The Clerk is directed to close ECF Nos. 70 and 74. (Signed by Judge John G. Koeltl on 5/9/2023) (rro)
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Filing 76
ORDER: The defendants should submit courtesy copies of all papers filed in connection with the fully briefed motion to dismiss the plaintiff's retaliation claims. (Signed by Judge John G. Koeltl on 10/10/2022) (tro)
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Filing 75
REPLY MEMORANDUM OF LAW in Support re: #70 MOTION to Dismiss Plaintiff's Retaliation Claims. . Document filed by Eurostars Hotel Company, S.L., Front Property Hotel Corporation, Amancio Lopez Seijas..(Dunning, Brian)
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Filing 74
LETTER MOTION for Oral Argument regarding Defendants' Motion to Dismiss Plaintiff's Retaliation Claims addressed to Judge John G. Koeltl from Maria L Chickedantz dated September 26, 2022. Document filed by Marta Bueno..(Chickedantz, Maria)
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Filing 73
MEMORANDUM OF LAW in Opposition re: #70 MOTION to Dismiss Plaintiff's Retaliation Claims. . Document filed by Marta Bueno..(Chickedantz, Maria)
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Filing 72
DECLARATION of Brian C. Dunning in Support re: #70 MOTION to Dismiss Plaintiff's Retaliation Claims.. Document filed by Eurostars Hotel Company, S.L., Front Property Hotel Corporation, Amancio Lopez Seijas. (Attachments: #1 Exhibit Second Amended Complaint, #2 Exhibit EEOC Charge, #3 Exhibit Premediation Protocols, #4 Exhibit Emails, #5 Exhibit Emails, #6 Exhibit Adverse Action Protocols, #7 Exhibit Responses to Interrogatories).(Dunning, Brian)
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Filing 71
MEMORANDUM OF LAW in Support re: #70 MOTION to Dismiss Plaintiff's Retaliation Claims. . Document filed by Eurostars Hotel Company, S.L., Front Property Hotel Corporation, Amancio Lopez Seijas..(Dunning, Brian)
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Filing 70
MOTION to Dismiss Plaintiff's Retaliation Claims. Document filed by Eurostars Hotel Company, S.L., Front Property Hotel Corporation, Amancio Lopez Seijas. Responses due by 9/26/2022.(Dunning, Brian)
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Filing 69
MEMO ENDORSEMENT on re: #68 Letter, filed by Front Property Hotel Corporation, Amancio Lopez Seijas, Eurostars Hotel Company, S.L. ENDORSEMENT: Discovery is stayed pending a decision on the partial motion to dismiss which is due September 9, 2022. SO ORDERED. (Signed by Judge John G. Koeltl on 8/25/2022) (ks)
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Filing 68
LETTER addressed to Judge John G. Koeltl from Brian Dunning dated August 24, 2022 re: Plaintiff's Letter of August 19, 2022. Document filed by Eurostars Hotel Company, S.L., Front Property Hotel Corporation, Amancio Lopez Seijas..(Dunning, Brian)
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Filing 67
LETTER addressed to Judge John G. Koeltl from Kevin J. Shehan, Esq. dated August 19, 2022 re: Plaintiff's Retaliation Claims. Document filed by Marta Bueno..(Shehan, Kevin)
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Minute Entry for proceedings held before Judge John G. Koeltl: Pre-Motion Conference held on 8/10/2022. (Fletcher, Donnie)
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Filing 66
ORDER, For the reasons stated at the teleconference in this case on August 10, 2022, the plaintiff should notify the Court by August 19, 2022, whether the plaintiff wishes to pursue the disputed claims. If the plaintiff chooses to pursue those claims, the defendants may file a motion to dismiss those claims by September 9, 2022. The plaintiff may respond to this motion by September 26, 2022. The defendants may reply by October 7, 2022. SO ORDERED. ( Motions due by 9/9/2022., Responses due by 9/26/2022, Replies due by 10/7/2022.) (Signed by Judge John G. Koeltl on 8/10/22) (yv)
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Filing 65
LETTER RESPONSE in Opposition to Motion addressed to Judge John G. Koeltl from Kevin J. Shehan dated August 1, 2022 re: #63 LETTER MOTION for Conference Regarding Request to File a Motion to Dismiss the Second Amended Complaint addressed to Judge John G. Koeltl from Brian C. Dunning dated July 25, 2022. . Document filed by Marta Bueno..(Shehan, Kevin)
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Filing 64
ORDER: granting #63 Letter Motion for Conference re: #63 LETTER MOTION for Conference Regarding Request to File a Motion to Dismiss the Second Amended Complaint. addressed to Judge John G. Koeltl from Brian C. Dunning dated July 25, 2022. The parties are directed to appear, by phone, for a pre-motion conference on August 10, 2022, at 4:00 p.m. Dial-in : (888) 363- 4749, with access code 8140049. The Clerk is directed to close Docket No. 63. SO ORDERED.Telephonic Pre-Motion Conference set for 8/10/2022 at 04:00 PM before Judge John G. Koeltl. (Signed by Judge John G. Koeltl on 7/26/2022) (ama)
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Filing 63
LETTER MOTION for Conference Regarding Request to File a Motion to Dismiss the Second Amended Complaint addressed to Judge John G. Koeltl from Brian C. Dunning dated July 25, 2022. Document filed by Eurostars Hotel Company, S.L., Front Property Hotel Corporation, Amancio Lopez Seijas..(Dunning, Brian)
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Filing 62
SECOND AMENDED COMPLAINT amending #15 Amended Complaint, against Eurostars Hotel Company, S.L., Front Property Hotel Corporation, Amancio Lopez Seijas with JURY DEMAND.Document filed by Marta Bueno. Related document: #15 Amended Complaint,..(Shehan, Kevin)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Kevin James Shehan to RE-FILE Document No. #61 Amended Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected; the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type Second Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj)
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Filing 61
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR SECOND AMENDED COMPLAINT amending #15 Amended Complaint, against All Defendants with JURY DEMAND.Document filed by Marta Bueno. Related document: #15 Amended Complaint.(Shehan, Kevin) Modified on 7/21/2022 (sj).
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Filing 60
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -SECOND AMENDED COMPLAINT amending #15 Amended Complaint, against Marta Bueno with JURY DEMAND.Document filed by Marta Bueno. Related document: #15 Amended Complaint,..(Shehan, Kevin) Modified on 7/20/2022 (vf).
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Kevin James Shehan. The party information for the following party/parties has been modified: Amancio Lopez Seijas. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Kevin James Shehan to RE-FILE Document No. #60 Second Amended Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Second Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (vf)
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Filing 59
ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Robert W. Lehrburger. SO ORDERED. (Signed by Judge John G. Koeltl on 6/20/2022) (ks)
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Filing 58
JOINT REPORT PURSUANT TO FRCP 26(f) AND CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This case is to be tried to a jury. Amended Pleadings due by 7/20/2022. Joinder of Parties due by 7/20/2022. Deposition due by 5/30/2023. Expert Discovery including depositions due by 5/30/2023. Depositions of non-parties shall be completed by 1/31/2023. Discovery due by 5/30/2023. If the parties do not agree, they should take the dispute to the Magistrate Judge. A joint pretrial order, together with motions in limine, if any, along with requests to charge and voir dire requests shall be submitted to the Court within thirty (30) days after the close of all discovery. The parties are to be ready for Trial on 48 hours notice 21 days after the submission of the Joint Pre-Trial Order. SO ORDERED. (Signed by Judge John G. Koeltl on 6/20/2022) (ks)
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Filing 57
STATUS REPORT. Document filed by Marta Bueno..(Shehan, Kevin)
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Filing 56
PROPOSED CASE MANAGEMENT PLAN. Document filed by Marta Bueno..(Shehan, Kevin)
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Filing 55
ORDER: The parties should provide the Court with a status update by June 17, 2022. SO ORDERED. (Signed by Judge John G. Koeltl on 6/8/2022) (vfr)
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FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 5/6/2022 at 11:00 AM in telephone or video conference.(mnp) Modified on 4/14/2022 (mnp). Modified on 5/5/2022 (mnp).
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Filing 53
ORDER granting #52 Letter Motion for Extension of Time. APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 2/24/2022) (va)
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Filing 52
FIRST LETTER MOTION for Extension of Time to Submit Rule 26(f) Report addressed to Judge John G. Koeltl from Maria L. Chickedantz dated February 24, 2022. Document filed by Marta Bueno..(Chickedantz, Maria)
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NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 3/14/2022.(ah)
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Filing 51
ORDER. The parties should submit a Rule 26(f) report by February 25, 2022. SO ORDERED. (Signed by Judge John G. Koeltl on 2/8/22) (yv)
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Filing 50
ORDER OF AUTOMATIC REFERRAL TO MEDIATION (See M-10-468 Second Amended Standing Order). Please reference the Pilot Discovery Protocols, attached, and the Mediation Program Procedures (https://nysd.uscourts.gov/programs/mediation-adr). E-mail MediationOffice@nysd.uscourts.gov, telephone 212-805-0643. Mediator to be Assigned by 2/17/2022. (Signed by Judge Loretta A. Preska on 10/1/2015) (jpt)
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Filing 49
ANSWER to #15 Amended Complaint, with JURY DEMAND. Document filed by Eurostars Hotel Company, S.L., Front Property Hotel Corporation, Amancio Lopez Seijas..(Gunay Balatsas, Petek)
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Filing 48
STIPULATION EXTENDING TIME TO ANSWER: IT IS HEREBY STIPULATED AND AGREED by and between the parties in the above captioned action, acting by means of their respective counsel, that the time for defendants Eurostars Hotel Company, S.L., Front Property Hotel Corporation and Amancio Lopez Seijas to answer the Amended Complaint in this matter is hereby extended through and including February 7, 2022. So Ordered. Eurostars Hotel Company, S.L. answer due 2/7/2022; Front Property Hotel Corporation answer due 2/7/2022; Amancio Lopez Seijas answer due 2/7/2022. (Signed by Judge John G. Koeltl on 1/21/2022) (js)
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Filing 47
LETTER MOTION for Extension of Time to File Answer re: #15 Amended Complaint, addressed to Judge John G. Koeltl from BRIAN C. DUNNING dated 01/21/2022. Document filed by Eurostars Hotel Company, S.L., Front Property Hotel Corporation, Amancio Lopez Seijas..(Gunay Balatsas, Petek)
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Filing 46
MEMORANDUM OPINION AND ORDER re: #23 MOTION to Dismiss . filed by Cristina Marroqui, Front Property Hotel Corporation, Amancio Lopez Seijas, Eurostars Hotel Company, S.L.. The Court has considered all of the arguments of the parties. To the extent not discussed above, the arguments are either moot or without merit. For the foregoing reasons, the defendants' motion to dismiss is granted in part and denied in part. The plaintiff's claims against Ms. Marroqui are dismissed in their entirety. Of the plaintiff's remaining claims against the defendants, Count I is dismissed as to Mr. Lopez; Count II is dismissed as to Mr. Lopez; Count III is dismissed as to all of the defendants; Count IV is dismissed as to EHC; Count Vis dismissed as to all of the defendants; Count VII is dismissed as to all of the defendants; Count VIII is dismissed as to EHC; and Count IX is dismissed as to all of the defendants. The Clerk is directed to close Docket No. 23. SO ORDERED. (Signed by Judge John G. Koeltl on 1/7/2022) (ks)
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Filing 45
ORDER. The Court has reviewed the parties' papers in connection with the defendants' pending motion to dismiss and is prepared to decide the motion on the papers. The oral argument scheduled for January 24, 2022 is canceled. SO ORDERED. (Signed by Judge John G. Koeltl on 1/7/22) (yv)
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Filing 44
ORDER granting #43 Motion for Oral Argument. The defendants' request for oral argument, ECF No. 43, is granted. The parties are directed to appear, by phone, for oral argument regarding the defendants' pending motion to dismiss on January 24, 2022, at 10:30 a.m. Dial-in: 888 363-4749, with access code 8140049. SO ORDERED.. (Signed by Judge John G. Koeltl on 12/23/2021) (ks)
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AMENDED Minute Entry for proceedings held before Judge John G. Koeltl: Oral Argument set for 1/24/2022 at 10:30 AM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie)
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Minute Entry for proceedings held before Judge Whitman Knapp: Oral Argument set for 1/24/2022 at 10:30 AM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie)
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Filing 43
LETTER MOTION for Oral Argument addressed to Judge John G. Koeltl from BRIAN C. DUNNING dated 10.01.2021. Document filed by Eurostars Hotel Company, S.L., Front Property Hotel Corporation, Amancio Lopez Seijas, Cristina Marroqui..(Gunay Balatsas, Petek)
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Filing 42
DECLARATION of BRIAN C. DUNNING in Support re: #23 MOTION to Dismiss .. Document filed by Eurostars Hotel Company, S.L., Front Property Hotel Corporation, Amancio Lopez Seijas, Cristina Marroqui. (Attachments: #1 Exhibit Ex. 1 - Select Employee Records for Plaintiff, #2 Exhibit Ex. 2 - CDC Report).(Gunay Balatsas, Petek)
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Filing 41
REPLY MEMORANDUM OF LAW in Support re: #23 MOTION to Dismiss . . Document filed by Eurostars Hotel Company, S.L., Front Property Hotel Corporation, Amancio Lopez Seijas, Cristina Marroqui..(Gunay Balatsas, Petek)
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Filing 40
ORDER granting #39 Letter Motion for Extension of Time to File Response/Reply re #39 SECOND LETTER MOTION for Extension of Time to File Response/Reply as to #23 MOTION to Dismiss . addressed to Judge John G. Koeltl from BRIAN C. DUNNING dated 09/16/2021. APPLICATION GRANTED. SO ORDERED.. (Signed by Judge John G. Koeltl on 9/16/2021) Replies due by 10/1/2021. (ks)
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Filing 39
SECOND LETTER MOTION for Extension of Time to File Response/Reply as to #23 MOTION to Dismiss . addressed to Judge John G. Koeltl from BRIAN C. DUNNING dated 09/16/2021. Document filed by Eurostars Hotel Company, S.L., Front Property Hotel Corporation, Amancio Lopez Seijas, Cristina Marroqui..(Gunay Balatsas, Petek)
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Filing 38
ORDER granting #37 LETTER MOTION for Extension of Time to File Response/Reply as to #23 MOTION to Dismiss addressed to Judge John G. Koeltl from BRIAN C. DUNNING dated 08.16.2021. Application granted. SO ORDERED. Replies due by 9/18/2021. (Signed by Judge John G. Koeltl on 8/17/2021) (mml)
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Filing 37
LETTER MOTION for Extension of Time to File Response/Reply as to #23 MOTION to Dismiss . addressed to Judge John G. Koeltl from BRIAN C. DUNNING dated 08.16.2021. Document filed by Eurostars Hotel Company, S.L., Front Property Hotel Corporation, Amancio Lopez Seijas, Cristina Marroqui..(Gunay Balatsas, Petek)
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Filing 36
NOTICE OF APPEARANCE by Paul Stuart Haberman on behalf of Marta Bueno..(Haberman, Paul)
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Filing 35
NOTICE OF APPEARANCE by Kevin James Shehan on behalf of Marta Bueno..(Shehan, Kevin)
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Filing 34
DECLARATION of Maria L. Chickedantz in Opposition re: #23 MOTION to Dismiss .. Document filed by Marta Bueno. (Attachments: #1 Exhibit Ex. 1 - Power of Attorney, #2 Exhibit Ex. 2 - D.O.B. Document, #3 Exhibit Ex. 3 - Visa Application Letter, #4 Exhibit Ex. 4 - Eurostars' Official Website, #5 Exhibit Ex. 5 - Plaintiff's First Employment Contract, #6 Exhibit Ex. 6 - Plaintiff's Second Employment Contract, #7 Exhibit Ex. 7 - Plaintiff's Third Employment Contract, #8 Exhibit Ex. 8 - Spanish Labor Report, #9 Exhibit Ex. 9 - Transfer Agreement, #10 Exhibit Ex. 10 - Termination Letter, #11 Exhibit Ex. 11 - Marroqui LinkedIn page, #12 Exhibit Ex. 12 - former employees' LinkedIn pages, #13 Exhibit Ex. 13 - Eurostars' Wikipedia page, #14 Exhibit Ex. 14 - Marroqui Letter re: Eurostars Wall Street, #15 Exhibit Ex. 15 - Lopez AmCham profile).(Chickedantz, Maria)
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Filing 33
DECLARATION of Marta Bueno in Opposition re: #23 MOTION to Dismiss .. Document filed by Marta Bueno..(Chickedantz, Maria)
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Filing 32
MEMORANDUM OF LAW in Opposition re: #23 MOTION to Dismiss . . Document filed by Marta Bueno..(Chickedantz, Maria)
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Filing 31
ORDER granting #30 Letter Motion for Extension of Time to File Response/Reply. APPLICATION GRANTED. SO ORDERED. Responses due by 7/28/2021 Replies due by 8/26/2021. (Signed by Judge John G. Koeltl on 7/20/2021) (mml)
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Filing 30
SECOND LETTER MOTION for Extension of Time to File Response/Reply as to #29 Order on Motion for Extension of Time to File Response/Reply, Letter Motion Requesting Modification of Current Briefing Schedule addressed to Judge John G. Koeltl from Maria L Chickedantz dated July 19, 2021. Document filed by Marta Bueno..(Chickedantz, Maria)
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Filing 29
ORDER granting #28 Letter Motion for Extension of Time to File Response/Reply re #28 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to Set/Reset Deadlines Letter Motion Requesting Modification of Briefing Schedule addressed to Judge John G. Koeltl from Maria L. Chickedantz dated July 5, 2021. APPLICATION GRANTED. SO ORDERED. Responses due by 7/23/2021. Replies due by 8/23/2021. (Signed by Judge John G. Koeltl on 7/6/2021) (ate)
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Filing 28
FIRST LETTER MOTION for Extension of Time to File Response/Reply as to Set/Reset Deadlines Letter Motion Requesting Modification of Briefing Schedule addressed to Judge John G. Koeltl from Maria L. Chickedantz dated July 5, 2021. Document filed by Marta Bueno..(Chickedantz, Maria)
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Filing 27
MEMORANDUM OF LAW in Support re: #23 MOTION to Dismiss . . Document filed by Eurostars Hotel Company, S.L., Front Property Hotel Corporation, Amancio Lopez Seijas, Cristina Marroqui..(Gunay Balatsas, Petek)
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Filing 26
DECLARATION of Cristina Marroqui in Support re: #23 MOTION to Dismiss .. Document filed by Eurostars Hotel Company, S.L., Front Property Hotel Corporation, Amancio Lopez Seijas, Cristina Marroqui..(Gunay Balatsas, Petek)
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Filing 25
DECLARATION of Brian C. Dunning in Support re: #23 MOTION to Dismiss .. Document filed by Eurostars Hotel Company, S.L., Front Property Hotel Corporation, Amancio Lopez Seijas, Cristina Marroqui. (Attachments: #1 Exhibit Complaint, #2 Exhibit EEOC Charge, #3 Exhibit EEOC Notice, #4 Exhibit Amended Complaint, #5 Exhibit 2015 Contract, #6 Exhibit Spanish Labor Report, #7 Exhibit C. Marroqui Decl.).(Gunay Balatsas, Petek)
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Filing 24
DECLARATION of Amancio Lopez Seijas in Support re: #23 MOTION to Dismiss .. Document filed by Eurostars Hotel Company, S.L., Front Property Hotel Corporation, Amancio Lopez Seijas, Cristina Marroqui..(Gunay Balatsas, Petek)
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Filing 23
MOTION to Dismiss . Document filed by Eurostars Hotel Company, S.L., Front Property Hotel Corporation, Amancio Lopez Seijas, Cristina Marroqui. Responses due by 7/9/2021.(Gunay Balatsas, Petek)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Petek Gunay Balatsas to RE-FILE Document #20 MOTION to Dismiss . ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi)
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Filing 22
FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of CRISTINA MARROQUI in Support re: #20 MOTION to Dismiss .. Document filed by Eurostars Hotel Company, S.L., Front Property Hotel Corporation, Amancio Lopez Seijas, Cristina Marroqui..(Gunay Balatsas, Petek) Modified on 7/2/2021 (ldi).
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Filing 21
FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #20 MOTION to Dismiss . . Document filed by Eurostars Hotel Company, S.L., Front Property Hotel Corporation, Amancio Lopez Seijas, Cristina Marroqui..(Gunay Balatsas, Petek) Modified on 7/2/2021 (ldi).
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Filing 20
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss . Document filed by Eurostars Hotel Company, S.L., Front Property Hotel Corporation, Amancio Lopez Seijas, Cristina Marroqui. Responses due by 7/9/2021 (Attachments: #1 Affidavit Declaration of Amancio Lopez Seijas, #2 Affidavit Declaration of Brian C. Dunning, #3 Exhibit Exhibit 1 to Brian C. Dunning Declaration (Complaint), #4 Exhibit Exhibit 2 to Brian C. Dunning Declaration (EEOC Charge), #5 Exhibit Exhibit 3 to Brian C. Dunning Declaration (EEOC Notice), #6 Exhibit Exhibit 4 to Brian C. Dunning Declaration (Amended Complaint), #7 Exhibit Exhibit 5 to Brian C. Dunning Declaration (2015 Contract), #8 Exhibit Exhibit 6 to Brian C. Dunning Declaration (Spanish Labor Report), #9 Exhibit Exhibit 7 to Brian C. Dunning Declaration (C. Marroqui Declaration)).(Gunay Balatsas, Petek) Modified on 7/2/2021 (ldi).
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Filing 19
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Front Property Hotel Corporation..(Gunay Balatsas, Petek)
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Filing 18
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Eurostars Hotel Company, S.L...(Gunay Balatsas, Petek)
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Filing 17
ORDER granting #16 Letter Motion for Extension of Time to Answer re #16 FIRST LETTER MOTION for Extension of Time to File Answer re: #15 Amended Complaint, #14 Memo Endorsement, Letter Motion Requesting Modification of Briefing Schedule addressed to Judge John G. Koeltl from BRIAN C. DUNNING dated 06/02/20, #15 Amended Complaint. APPLICATION GRANTED. SO ORDERED. Eurostars Hotel Company, S.L. answer due 6/11/2021; Front Property Hotel Corporation answer due 6/11/2021; Amancio Lopez Seijas answer due 6/11/2021; Cristina Marroqui answer due 6/11/2021. (Signed by Judge John G. Koeltl on 6/3/2021) (kv)
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Set/Reset Deadlines: Responses due by 7/9/2021 Replies due by 7/30/2021. (kv)
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Filing 16
FIRST LETTER MOTION for Extension of Time to File Answer re: #15 Amended Complaint, #14 Memo Endorsement, Letter Motion Requesting Modification of Briefing Schedule addressed to Judge John G. Koeltl from BRIAN C. DUNNING dated 06/02/2021. Document filed by Eurostars Hotel Company, S.L., Front Property Hotel Corporation, Amancio Lopez Seijas, Cristina Marroqui..(Gunay Balatsas, Petek)
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Filing 15
FIRST AMENDED COMPLAINT amending #3 Complaint against Eurostars Hotel Company, S.L., Front Property Hotel Corporation, Amancio Lopez Seijas, Cristina Marroqui with JURY DEMAND.Document filed by Marta Bueno. Related document: #3 Complaint..(Chickedantz, Maria)
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Filing 14
MEMO ENDORSEMENT on re: #13 Status Report filed by Marta Bueno. ENDORSEMENT: Application granted. The schedule is approved. In addition, the conference scheduled for 4/21/21 is canceled. So Ordered. (Signed by Judge John G. Koeltl on 4/16/2021) (ks)
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Filing 13
STATUS REPORT. Joint Status Update Document filed by Marta Bueno..(Chickedantz, Maria)
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Minute Entry for proceedings held before Judge John G. Koeltl: Pre-Motion Conference held on 4/8/2021. (Fletcher, Donnie)
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Filing 12
ORDER: The parties should submit a status update by April 16, 2021 with respect to the result the parties' discussion about service of process and the filing of an amended complaint. If the defendants anticipate filing a motion to dismiss, the status update should include a proposed briefing schedule. No further pre-motion conference is necessary before filing a motion to dismiss. SO ORDERED. (Signed by Judge John G. Koeltl on 4/8/2021) (va)
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Minute Entry for proceedings held before Judge John G. Koeltl: Pre-Motion Conference set for 4/8/2021 at 02:30 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie)
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Filing 11
ORDER granting #10 Letter Motion for Conference re: #10 LETTER MOTION for Conference re: #3 Complaint addressed to Judge John G. Koeltl from BRIAN C. DUNNING dated 04.02.2021. Pre-motion conference set for April 8, 2021, at 2:30 p.m. SO ORDERED. (Signed by Judge John G. Koeltl on 4/2/2021) Pre-Motion Conference set for 4/8/2021 at 02:30 PM before Judge John G. Koeltl. (ks)
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Filing 10
LETTER MOTION for Conference re: #3 Complaint addressed to Judge John G. Koeltl from BRIAN C. DUNNING dated 04.02.2021. Document filed by Agincourt 2008, S.L.U., Eurostars Hotel Company, S.L., Front Property Hotel Corporation, Grupo Hotusa, Amancio Lopez Seijas, Cristina Marroqui..(Gunay Balatsas, Petek)
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Filing 9
STIPULATION, IT IS HEREBY STIPULATED AND AGREED, by and among the parties hereto, through their undersigned counsel, that the time for the Defendants to answer, move against or otherwise respond to the Complaint, against which all defenses are preserved, is hereby extended to and including April 2, 2021. So Ordered. Motions terminated: #8 CONSENT LETTER MOTION for Extension of Time to File Answer re: #3 Complaint addressed to Judge John G. Koeltl from Brian Dunning dated March 22, 2021. filed by Cristina Marroqui, Front Property Hotel Corporation, Amancio Lopez Seijas, Grupo Hotusa, Agincourt 2008, S.L.U., Eurostars Hotel Company, S.L.., All Defendants. (Signed by Judge John G. Koeltl on 3/23/21) (yv)
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Filing 8
CONSENT LETTER MOTION for Extension of Time to File Answer re: #3 Complaint addressed to Judge John G. Koeltl from Brian Dunning dated March 22, 2021. Document filed by Agincourt 2008, S.L.U., Eurostars Hotel Company, S.L., Front Property Hotel Corporation, Grupo Hotusa, Amancio Lopez Seijas, Cristina Marroqui. (Attachments: #1 Text of Proposed Order Stipulation Extending Time to Answer).(Dunning, Brian)
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| Filing 7 AFFIDAVIT OF SERVICE of Summons and Complaint. Agincourt 2008, S.L.U. served on 3/5/2021, answer due 3/26/2021; Eurostars Hotel Company, S.L. served on 3/5/2021, answer due 3/26/2021; Front Property Hotel Corporation served on 3/5/2021, answer due 3/26/2021; Grupo Hotusa served on 3/5/2021, answer due 3/26/2021; Amancio Lopez Seijas served on 3/5/2021, answer due 3/26/2021; Cristina Marroqui served on 3/5/2021, answer due 3/26/2021. Service was accepted by Pablo Martinez, General Agent. Document filed by Marta Bueno..(Chickedantz, Maria) |
| Filing 6 AFFIDAVIT OF SERVICE of Summons and Complaint. Front Property Hotel Corporation served on 2/25/2021, answer due 3/18/2021. Service was accepted by Secretary of State. Document filed by Marta Bueno..(Chickedantz, Maria) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Agincourt 2008, S.L.U., Eurostars Hotel Company, S.L., Front Property Hotel Corporation, Grupo Hotusa, Amancio Lopez Seijas, Cristina Marroqui..(pc) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Grupo Hotusa, Agincourt 2008, S.L.U., Eurostars Hotel Company, S.L., Front Property Hotel Corporation, Amancio Lopez Seijas and Cristina Marroqui, jointly and severally, re: #3 Complaint. Document filed by Marta Bueno..(Chickedantz, Maria) |
| Minute Entry for proceedings held before Judge John G. Koeltl: Pretrial Conference set for 4/21/2021 at 12:00 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) |
| Filing 3 COMPLAINT against Agincourt 2008, S.L.U., Eurostars Hotel Company, S.L., Front Property Hotel Corporation, Grupo Hotusa, Amancio Lopez Seijas, Cristina Marroqui. Document filed by Marta Bueno..(Chickedantz, Maria) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Maria Lauren Chickedantz to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected; the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj) |
| Civil Case Opening Fee Payment: for #1 Complaint. Filing fee $ 402.00, receipt number ANYSDC-23636894..(Chickedantz, Maria) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. 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..(sj) |
| Magistrate Judge Robert W. Lehrburger 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. (sj) |
| Case Designated ECF. (sj) |
| Filing 2 CIVIL COVER SHEET filed..(Chickedantz, Maria) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against All Defendants. (Filing Fee $ 402.00.)Document filed by Marta Bueno..(Chickedantz, Maria) Modified on 1/22/2021 (sj). |
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