Estevez v. L'Oreal USA, Inc.
| Arturo Estevez |
| L'Oreal USA, Inc. |
| 1:2021cv09059 |
| November 3, 2021 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 The Americans with Disabilities Act of 1990 |
| Plaintiff |
Docket Report
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Filing 26
STIPULATION OF DISMISSAL AND ORDER: IT IS HEREBY STIPULATED AND AGREED that the action shall be, and is hereby, dismissed without prejudice and without costs, or disbursements, or attorneys' fees to any party, pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. SO ORDERED. (Signed by Judge Analisa Torres on 5/4/2022) (rro)
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| Filing 25 PROPOSED STIPULATION AND ORDER. Document filed by Arturo Estevez..(Charo, Jarrett) |
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Filing 24
ORDER: The Court has been advised that the parties have reached a settlement in principle. ECF No. 23. The above-titled action shall be dismissed and discontinued without costs, and without prejudice to the right to reopen the action within thirty days of the date of this Order if the settlement is not consummated. Any application to reopen must be filed within thirty days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same thirty-day period to be so-ordered by the Court. Per Rule IV(C) of the Court's Individual Practices in Civil Cases, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are moot. All conferences are vacated. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Analisa Torres on 3/16/2022) (vfr)
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| Filing 23 NOTICE of Settlement . Document filed by Arturo Estevez..(Charo, Jarrett) |
| Filing 22 NOTICE OF APPEARANCE by Scott C. Fanning on behalf of L'Oreal USA, Inc...(Fanning, Scott) |
| Filing 21 NOTICE OF APPEARANCE by Steve A. Miller on behalf of L'Oreal USA, Inc...(Miller, Steve) |
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Filing 20
ORDER granting #18 Motion for Steve Allen Miller to Appear Pro Hac Vice. Attorney must enter a notice of appearance. (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (MK)
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Filing 19
ORDER granting #17 Motion for Scott Christopher Fanning to Appear Pro Hac Vice. Attorney must enter a notice of appearance. (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (MK)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #18 MOTION for Steve Allen Miller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25728899. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Scott Christopher Fanning to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25728775. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea) |
| Filing 18 MOTION for Steve Allen Miller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25728899. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by L'Oreal USA, Inc.. (Attachments: #1 Affidavit, #2 Exhibit A to Affidavit, #3 Text of Proposed Order).(Miller, Steve) |
| Filing 17 MOTION for Scott Christopher Fanning to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25728775. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by L'Oreal USA, Inc.. (Attachments: #1 Affidavit, #2 Exhibit A to Affidavit, #3 Text of Proposed Order).(Fanning, Scott) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator.(ah) |
| FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 3/16/2022 at 10:00 AM in telephone or video conference.(ah) |
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Filing 16
ORDER: This case is referred for mediation to the District's Mediation Program. The parties are hereby notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling order issued by this Court. Mediators will be assigned based on the nature of suit. Additional expertise requests should promptly be directed to the Mediation Office. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 1/18/2022. (Signed by Judge Analisa Torres on 1/05/2022) (ama)
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Filing 15
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. 28 U.S.C. 636(c). This case is to be tried to a jury. All counsel must meet face-to-face for at least one hour to discuss settlement within fourteen (14) days following the close of fact discovery. Counsel for the parties have conferred and their present best estimate of the length of trial is: 3 days. The parties are directed to file a joint status report not later than one week in advance of the Case Management Conference. The parties should indicate whether they anticipate filing motion(s) for summary judgment and whether they believe the case should be referred to a Magistrate Judge for settlement discussions. The parties are reminded that, pursuant to paragraph 8, a pre-motion conference request for any motion for summary judgment must be made within fourteen (14) days of the close of fact discovery. This ORDER may not be modified or the dates herein extended, except by further order of this Court for good cause shown. Any application to modify or extend the dates herein (except as noted in paragraph 6) shall be made in a written application in accordance with paragraph I.B. of the Court's Individual Practices and shall be made no less than five (5) days prior to the expiration of the date sought to be extended. Deposition due by 4/4/2022. Fact Discovery due by 5/4/2022. Expert Discovery due by 6/20/2022. Case Management Conference set for 5/24/2022 at 10:40 AM before Judge Analisa Torres. So Ordered. (Signed by Judge Analisa Torres on 1/5/2022) (js)
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| Filing 14 JOINT LETTER addressed to Judge Analisa Torres from Jarrett S. Charo and Phillip Bauknight dated 1/4/2022 re: Court's November 17, 2021 Order. Document filed by Arturo Estevez..(Charo, Jarrett) |
| Filing 13 JOINT LETTER addressed to Judge Analisa Torres from Jarrett S. Charo and Phillip Bauknight dated 1/4/2022 re: Court's November 17, 2021 Order. Document filed by Arturo Estevez. (Attachments: #1 Proposed Case Management Plan).(Charo, Jarrett) |
| Filing 12 ANSWER to #1 Complaint. Document filed by L'Oreal USA, Inc...(Bauknight, Phillip) |
| Filing 11 SUMMONS RETURNED EXECUTED Summons and Complaint served. L'Oreal USA, Inc. served on 11/16/2021, answer due 12/30/2021. Service was accepted by Legal Representative, Agent. Document filed by Arturo Estevez..(Charo, Jarrett) |
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Filing 10
ORDER granting #8 Letter Motion for Extension of Time to Answer re #8 FIRST LETTER MOTION for Extension of Time to File Answer re: #1 Complaint to December 30, 2021 addressed to Judge Analisa Torres from Phillip C. Bauknight dated December 9, 2021., #1 Complaint. GRANTED. SO ORDERED. L'Oreal USA, Inc. answer due 12/30/2021. (Signed by Judge Analisa Torres on 12/10/2021) (kv)
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| Filing 9 NOTICE OF APPEARANCE by Phillip Coursey Bauknight on behalf of L'Oreal USA, Inc...(Bauknight, Phillip) |
| Filing 8 FIRST LETTER MOTION for Extension of Time to File Answer re: #1 Complaint to December 30, 2021 addressed to Judge Analisa Torres from Phillip C. Bauknight dated December 9, 2021. Document filed by L'Oreal USA, Inc...(Bauknight, Phillip) |
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Filing 7
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 11/17/2021) (kv)
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Filing 6
INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by January 4, 2021, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. (as further set forth herein. SO ORDERED. (Signed by Judge Analisa Torres on 11/17/2021) (kv)
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Filing 5
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. (as further set forth herein). SO ORDERED. (Signed by Judge Analisa Torres on 11/17/2021) (kv)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to L'Oreal USA, Inc.. (vf) |
| 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..(vf) |
| Magistrate Judge Ona T. Wang 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. (vf) |
| Case Designated ECF. (vf) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to L'Oreal USA, Inc., re: #1 Complaint. Document filed by Arturo Estevez..(Charo, Jarrett) |
| Filing 2 CIVIL COVER SHEET filed..(Charo, Jarrett) |
| Filing 1 COMPLAINT against L'Oreal USA, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25283833)Document filed by Arturo Estevez..(Charo, Jarrett) |
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| Plaintiff: Arturo Estevez | |
| Represented By: | Jarrett Scott Charo |
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| Defendant: L'Oreal USA, Inc. | |
| Represented By: | Phillip Coursey Bauknight |
| Represented By: | Steve A. Miller |
| Represented By: | Scott C. Fanning |
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