Davis v. Whole Foods Market Group, Inc. et al.
| Whole Foods and Whole Foods Market Group, Inc. |
| Claudia Davis |
| 1:2021cv04668 |
| May 25, 2021 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| P.I.: Other |
| 28 U.S.C. ยง 1332 ct |
| Plaintiff |
Docket Report
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Filing 12
ORDER re: #11 Proposed Scheduling Order filed by Whole Foods Market Group, Inc.. Accordingly, by August 3, 2021, the parties will submit a revised proposed case management plan that 1) provides all information requested by the Court's model plan; and 2) either conforms to the timeframes stipulated by the Court's model plan, or provides explanations as to why the parties seek an alternative timeframe. In addition, by August 3, 2021, the parties shall submit a joint letter addressing (1) a brief description of the case, including the factual and legal bases for the claim(s) and defense(s), (2) any contemplated motions, and (3) the prospect for settlement, in compliance with the Court's order of July 12, 2021. SO ORDERED. (Signed by Judge Analisa Torres on 7/27/2021) (kv)
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| Filing 11 PROPOSED SCHEDULING ORDER. Document filed by Whole Foods Market Group, Inc...(Levine, Mitchell) |
| Filing 10 FIRST LETTER addressed to Judge Analisa Torres from Mitchell B. Levine dated July 23, 2021 re: Proposed Case Management & Scheduling Order. Document filed by Whole Foods Market Group, Inc...(Levine, Mitchell) |
| Filing 9 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER. Document filed by Whole Foods Market Group, Inc.. (Attachments: #1 Text of Proposed Order Proposed Case Management Plan & Scheduling Order) Related Document Number: [1:21-cv-04668]..(Levine, Mitchell) Proposed Order to be reviewed by Clerk's Office staff. Modified on 7/23/2021 (dt). |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Levine, Mitchell to RE-FILE Document #9 Proposed Order. ERROR(S): Documents have to be filed separately. (dt) |
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Filing 8
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If all parties consent to proceed before the Magistrate Judge, counsel for Defendants shall, by July 26, 2021, e-mail a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, available at https://nysd.uscourts.gov/node/754 and attached to this order, to Orders_and_Judgments@nysd.uscourts.gov. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. An information sheet on proceedings before magistrate judges is also attached to this order. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by July 26, 2021, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Analisa Torres on 7/12/2021) (rj)
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Filing 7
INITIAL PRETRIAL SCHEDULING ORDER: 1. Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by July 26, 2021, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. 2. COUNSEL FOR PLAINTIFF IS DIRECTED TO IMMEDIATELY SEND A COPY OF THIS ORDER AND THE COURT'S INDIVIDUAL PRACTICES TO ALL PARTIES. 3. This case has been designated for electronic case filing. By the deadline for submissions, counsel for all parties are required to register as ECF filers and file a notice of appearance in accordance with the Electronic Case Filing Rules & Instructions (https://nysd.uscourts.gov /electronic-case-filing) as further set forth in this order. SO ORDERED. (Signed by Judge Analisa Torres on 7/12/2021) (rj)
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Filing 6
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 7/12/2021) (rj)
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| Case Designated ECF. (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 Analisa Torres. 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) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Mitchell B. Levine. The party information for the following party/parties has been modified: Whole Foods, Claudia Davis. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Mitchell B. Levine re: Document No. #1 Notice of Removal,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF;. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (pc) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Mitchell B. Levine to RE-FILE Document #3 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Mitchell B. Levine. The following case opening statistical information was erroneously selected/entered: Citizenship Defendant code 2 (Citizen of Another State); County code New York;. The following correction(s) have been made to your case entry: the Citizenship Defendant code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the County code has been modified to XX Out of State;. (pc) |
| Filing 5 DEMAND for Trial by Jury. Document filed by Claudia Davis.(Genis, Robert) |
| Filing 4 NOTICE OF APPEARANCE by Robert J Genis on behalf of Claudia Davis..(Genis, Robert) |
| Filing 3 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Whole Foods..(Levine, Mitchell) Modified on 5/26/2021 (lb). |
| Filing 2 CIVIL COVER SHEET filed..(Levine, Mitchell) |
| Filing 1 NOTICE OF REMOVAL from Supreme, County of New York. Case Number: 153213/2020. (Filing Fee $ 402.00, Receipt Number ANYSDC-24586551).Document filed by Whole Foods. (Attachments: #1 Exhibit S&C, #2 Exhibit AOS on Whole Foods, #3 Exhibit Answer, #4 Exhibit Response, #5 Exhibit Request to Admit, #6 Exhibit NYS-DOS, #7 Exhibit Stip of Dismissal, #8 Affidavit Affidavit of Service).(Levine, Mitchell) |
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