Sanchez v. L' Oreal USA, Inc.
| Rafael Sanchez |
| L' Oreal USA, Inc. |
| 1:2021cv03229 |
| April 13, 2021 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Civil Rights: Jobs |
| 28 U.S.C. § 1332 Diversity Action |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 24, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 35
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent LOreal S.A. for L' Oreal USA, Inc.. Document filed by L' Oreal USA, Inc...(Lichtenberg, David)
|
|
Filing 34
ORDER denying #33 Letter Motion for Conference re: #33 LETTER MOTION for Conference re: #31 Memorandum & Opinion, Set Deadlines, addressed to Judge Valerie E. Caproni from Cyrus E. Dugger dated May 24, 2022. Application DENIED. Both Plaintiff's initial complaint and amended complaint included the same aiding and abetting claims that were a subject of Defendants' partial motion to dismiss. See Dkt. 1. This Court dismissed those claims with prejudice. See Dkt. 30. Plaintiff cannot now replead the aiding and abetting claims to include an alternative theory of liability, particularly when the facts underlying the alternative theory were well within Plaintiff's knowledge at the time he filed the complaints. See Metzler Inv. Gmbh v. Chipotle Mexican Grill, Inc., 970 F.3d 133, 146 (2d Cir. 2020) (giving "sole regard to... the liberal amendment policy of Rule 15(a)" would "swallow the philosophy favoring finality of judgments whole") (citation omitted); see also Foman v. Davis, 371 U.S. 178, 182 ("[R]epeated failure to cure deficiencies by amendments previously allowed" is a valid reason to deny leave to amend). Pursuant to Local Rule 6.3, Plaintiff's deadline to move for reconsideration is May 31, 2022. (Signed by Judge Valerie E. Caproni on 5/26/2022) (ate)
|
|
Set/Reset Deadlines: Motions due by 5/31/2022. (ate)
|
|
Filing 33
LETTER MOTION for Conference re: #31 Memorandum & Opinion, Set Deadlines,,,,,,,,,,,, addressed to Judge Valerie E. Caproni from Cyrus E. Dugger dated May 24, 2022. Document filed by Rafael Sanchez..(Dugger, Cyrus)
|
|
Filing 32
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 6/24/2022 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 5/21/2022) (tg)
|
|
Filing 31
OPINION AND ORDER re: #14 MOTION to Dismiss . filed by L' Oreal USA, Inc.. For the reasons discussed below, Defendant's partial motion to dismiss is GRANTED in part and DENIED in part. For the foregoing reasons, Plaintiff's aiding and abetting or attempted aiding and abetting claims under NYSHRL and NYCHRL are DISMISSED with prejudice for failure to state a claim. Plaintiff's FLSA claim for unpaid overtime prior to August 2018 is DISMISSED with prejudice for being time-barred, but Plaintiff's remaining FLSA and NYLL unpaid overtime claims are DISMISSED without prejudice. If Plaintiff chooses to do so, he may seek leave to file a second amended complaint not later than June 16, 2022. Pursuant to the Undersigned's Individual Rules, a motion seeking leave to amend must include as an exhibit to the motion a redlined version of the proposed second amended complaint comparing the proposed revisions to the first amended complaint. If Plaintiff seeks leave to amend, Defendant's deadline to answer, move, or otherwise respond will be July 7, 2022. If Plaintiff does not seek leave to file a second amended complaint, his remaining unpaid overtime claims will be dismissed with prejudice for failure to state a claim. An initial pre-trial conference will be scheduled under separate order. The Clerk of Court is respectfully directed to close the open motion at docket entry 14. SO ORDERED. ( Motions due by 6/16/2022.) (Signed by Judge Valerie E. Caproni on 5/17/2022) (tg)
|
|
Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Settlement Conference held on 1/5/2022. (Snell, Kevin)
|
|
Filing 30
ORDER granting #29 Letter Motion to Adjourn Conference. Application GRANTED. The November 17, 2021 conference is ADJOURNED to January 5, 2022 at 2:15 p.m. via Zoom. The Court will provide the link and further instructions in an email to counsel closer to the date of the conference. SO ORDERED. Settlement Conference set for 1/5/2022 at 02:15 PM before Magistrate Judge Barbara C. Moses. (Signed by Magistrate Judge Barbara C. Moses on 11/12/2021) (ate)
|
|
Filing 29
LETTER MOTION to Adjourn Conference scheduled for November 17, 2021 addressed to Magistrate Judge Barbara C. Moses from David B. Lichtenberg dated November 4, 2021. Document filed by L' Oreal USA, Inc...(Lichtenberg, David)
|
|
Filing 28
REPLY MEMORANDUM OF LAW in Support re: #14 MOTION to Dismiss . . Document filed by L' Oreal USA, Inc...(Lichtenberg, David)
|
|
Filing 27
MEMORANDUM OF LAW in Opposition re: #14 MOTION to Dismiss . . Document filed by Rafael Sanchez (individually), Rafael Sanchez (on behalf of all others similarly situated)..(Dugger, Cyrus)
|
|
Filing 26
ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference is scheduled before Magistrate Judge Barbara Moses on November 17, 2021, at 2:15 p.m. THE PARTIES ARE DIRECTED TO READ THIS ENTIRE ORDER CAREFULLY. FAILURE TO COMPLY WITH PRE-CONFERENCE RESPONSIBILITIES MAY RESULT IN SANCTIONS and further set forth in this Order. ( Settlement Conference set for 11/17/2021 at 02:15 PM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 10/1/2021) (rro)
|
|
Filing 24
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Barbara C. Moses. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/21/2021) (vfr)
|
|
Filing 23
MEMO ENDORSEMENT on re: #22 Letter filed by L' Oreal USA, Inc. ENDORSEMENT: Application GRANTED. The Court will refer the parties for a settlement conference with Magistrate Judge Moses by separate order. Although the Court will refer the parties to Magistrate Judge Moses, the informal discovery obligations applicable to automatic mediation in employment discrimination cases will still apply. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/21/2021) (tg)
|
|
Filing 22
LETTER addressed to Judge Valerie E. Caproni from David B. Lichtenberg dated September 21, 2021 re: Mediation. Document filed by L' Oreal USA, Inc...(Lichtenberg, David)
|
|
Filing 21
MEMO ENDORSEMENT on re: #20 Letter Mediation filed by L' Oreal USA, Inc. ENDORSEMENT: The Court directs the parties to explain by September 22, 2021 why they are seeking a magistrate judge referral rather than a referral to the mediation program. The Court further notes that, if the Court refers the parties to a magistrate judge, the informal required discovery applicable to automatic mediation in employment discrimination cases will still apply. So Ordered. (Signed by Judge Valerie E. Caproni on 9/20/21) (yv)
|
|
Filing 20
LETTER addressed to Judge Valerie E. Caproni from David B. Lichtenberg dated September 20, 2021 re: Mediation. Document filed by L' Oreal USA, Inc...(Lichtenberg, David)
|
|
Filing 19
MEMO ENDORSEMENT on re: #18 Letter filed by L' Oreal USA, Inc.. ENDORSEMENT: The parties are directed to meet and confer. If the Court withdraws the referral to mediation, it will set a discovery schedule in the case, notwithstanding the pending partial motion to dismiss. Alternatively, the parties could choose to proceed to mediation to see if they can settle the case. The parties are directed to inform the Court of their preference by September 21, 2021. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/14/2021) (kv)
|
|
Filing 18
LETTER addressed to Judge Valerie E. Caproni from David B. Lichtenberg dated September 13, 2021 re: Mediation. Document filed by L' Oreal USA, Inc...(Lichtenberg, David)
|
|
Filing 17
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 9/20/2021. (Signed by Judge Loretta A. Preska on 10/1/15) (jpt)
|
|
Filing 16
DECLARATION of David B. Lichtenberg, Esq. in Support re: #14 MOTION to Dismiss .. Document filed by L' Oreal USA, Inc...(Lichtenberg, David)
|
|
Filing 15
MEMORANDUM OF LAW in Support re: #14 MOTION to Dismiss . . Document filed by L' Oreal USA, Inc...(Lichtenberg, David)
|
|
Filing 14
MOTION to Dismiss . Document filed by L' Oreal USA, Inc.. (Attachments: #1 Text of Proposed Order).(Lichtenberg, David)
|
|
Filing 13
CONSENT TO SUE UNDER THE FLSA. Document filed by Rafael Sanchez (individually), Rafael Sanchez (on behalf of all others similarly situated)..(Dugger, Cyrus)
|
|
Filing 12
ORDER: dismissing as moot #7 Motion to Dismiss. IT IS HEREBY ORDERED THAT: Defendant's motion to dismiss is dismissed as moot. Defendant must answer or move against Plaintiff's Amended Complaint by September 3, 2021. If Defendant moves to dismiss Plaintiff's Amended Complaint, Plaintiff's opposition is due by October 1, 2021. Defendant's reply is due by October 8, 2021. The Clerk of Court is respectfully directed to close the open motion at docket entry 7. SO ORDERED.. (Signed by Judge Valerie E. Caproni on 7/29/2021) (ama)
|
|
Set/Reset Deadlines: L' Oreal USA, Inc. answer due 9/3/2021. Responses due by 10/1/2021 Replies due by 10/8/2021. (ama)
|
|
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Cyrus E. Dugger re: Document No. #10 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; Rafael Sanchez must be added again twice, one with party text 'individually' and the other with party text 'on behalf of all others similarly situated'. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (sj)
|
|
ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Rafael Sanchez, Rafael Sanchez added. Party added pursuant to #10 Amended Complaint.Document filed by Rafael Sanchez, Rafael Sanchez. Related document: #10 Amended Complaint..(Dugger, Cyrus)
|
|
Filing 11
LETTER addressed to Judge Valerie E. Caproni from Cyrus E. Dugger dated July 28, 2021 re: Amendned Complaint Redline. Document filed by Rafael Sanchez. (Attachments: #1 Exhibit Amended Compaint Redline).(Dugger, Cyrus)
|
|
Filing 10
FIRST AMENDED COMPLAINT amending #1 Complaint against L' Oreal USA, Inc. with JURY DEMAND.Document filed by Rafael Sanchez. Related document: #1 Complaint..(Dugger, Cyrus)
|
|
Filing 9
DECLARATION of David B. Lichtenberg in Support re: #7 MOTION to Dismiss the Fifth Cause of Action.. Document filed by L' Oreal USA, Inc...(Lichtenberg, David)
|
|
Filing 8
MEMORANDUM OF LAW in Support re: #7 MOTION to Dismiss the Fifth Cause of Action. . Document filed by L' Oreal USA, Inc...(Lichtenberg, David)
|
|
Filing 7
MOTION to Dismiss the Fifth Cause of Action. Document filed by L' Oreal USA, Inc.. (Attachments: #1 Text of Proposed Order).(Lichtenberg, David)
|
|
Filing 6
AFFIDAVIT OF SERVICE of Summons and Complaint. L' Oreal USA, Inc. served on 6/23/2021, answer due 7/14/2021. Service was accepted by New York Secretary of State - Sue Zouky. Document filed by Rafael Sanchez..(Dugger, Cyrus)
|
|
Filing 5
WAIVER OF SERVICE RETURNED EXECUTED. L' Oreal USA, Inc. waiver sent on 5/14/2021, answer due 7/13/2021. Document filed by Rafael Sanchez..(Dugger, Cyrus)
|
|
Filing 4
ELECTRONIC SUMMONS ISSUED as to L' Oreal USA, Inc.. (sj)
|
|
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Cyrus E. Dugger. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:0451; County code New York. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332; the County code has been modified to XX Out of State. (sj)
|
|
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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)
|
|
Case Designated ECF. (sj)
|
|
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. (sj)
|
|
Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to L'Oreal USA, Inc., re: #1 Complaint. Document filed by Rafael Sanchez..(Dugger, Cyrus)
|
|
Filing 2
CIVIL COVER SHEET filed..(Dugger, Cyrus)
|
|
Filing 1
COMPLAINT against L' Oreal USA, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24393875)Document filed by Rafael Sanchez..(Dugger, Cyrus)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Sanchez v. L' Oreal USA, Inc. | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: L' Oreal USA, Inc. | |
| Represented By: | David Brian Lichtenberg |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Rafael Sanchez | |
| Represented By: | Cyrus E. Dugger |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
