Suero v. NFL et al
| Abdiell Suero and Maggie Wilkins |
| NFL, New York Football Giants, Inc., New York Jets, LLC, MetLife Stadium, LLC, MetLife Stadium Company, LLC and New Meadowlands Stadium Company, LLC |
| 1:2022cv00031 |
| January 3, 2022 |
| US District Court for the Southern District of New York |
| Alvin K Hellerstein |
| Barbara C Moses |
| Alison J Nathan |
| Racketeer/Corrupt Organization |
| 28 U.S.C. § 1715 Class Action Fairness Act of 2005 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 16, 2022. A more recent docket listing may be available from PACER.
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| Filing 40 REPORT AND RECOMMENDATION TO THE HON. ALVIN K. HELLERSTEIN re: #31 Amended Complaint, filed by Maggie Wilkins, Abdiell Suero. For the reasons set forth above, I recommend, respectfully, that the Amended Complaint be DISMISSED WITHOUT PREJUDICE pursuant to Rules 12(b)(1) and 12(h), for lack of subject matter jurisdiction, or in the alternative, that it be DISMISSED WITH PREJUDICE pursuant to Rule 12(b)(6), for failure to state a claim upon which relief can be granted. Objections to R&R due by 12/30/2022 (Signed by Magistrate Judge Barbara C. Moses on 12/16/2022) (jca) (Main Document 40 replaced on 12/19/2022) (jca). |
Filing 39
MEMO ENDORSEMENT denying #38 Motion for Leave to File Document. ENDORSEMENT: Application DENIED. "In ruling on a motion pursuant to Fed. R. Civ. P. 12(b)(6), the duty of a court is merely to assess the legal feasibility of the complaint, not to assay the weight of the evidence which might be offered in support thereof." DiFolco v. MSNBC Cable L.L.C., 622 F.3d 104, 113 (2d Cir. 2010) (internal quotation marks and citation omitted). Consequently, extrinsic evidence - "highly probative" or not - cannot be considered on a motion made pursuant to Rule 12(b)(6) without converting that motion into one for summary judgment, which the Court declines to do. See Marinoff v. City Coll. of New York, 63 F. App'x 530, 531 (2d Cir. 2003) ("When presented with a 12(b)(6) motion, the district court may not consider matters outside of the pleadings without converting the motion into a motion for summary judgment."); Friedl v. City of New York, 210 F.3d 79, 83-84 (2d Cir. 2000) (vacating decision of district court because it "relied on a matter outside of the pleadings"). SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 5/23/2022) (rro)
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| Filing 38 MOTION for Leave to File news article Surreply. Document filed by Abdiell Suero, Maggie Wilkins. Return Date set for 6/13/2022 at 05:00 PM. (Attachments: #1 Exhibit A).(Spencer, Evan) |
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Filing 37
AMENDED ORDER REFERRING CASE TO 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) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Dkt Nos. 22, 32. The Clerk is respectfully directed to close the referral order at Dkt. No. 22. SO ORDERED. Referred to Magistrate Judge Barbara C. Moses. ( Motions referred to Barbara C. Moses. ) (Signed by Judge Alvin K. Hellerstein on 5/17/22) (yv) Modified on 6/2/2022 (yv).
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| Filing 36 REPLY MEMORANDUM OF LAW in Support re: #32 MOTION to Dismiss . . Document filed by NFL, New Meadowlands Stadium Company, LLC, New York Football Giants, Inc., New York Jets, LLC..(Pressment, Jonathan) |
| Filing 35 RESPONSE in Opposition to Motion re: #32 MOTION to Dismiss . Index and Exhibits. Document filed by Abdiell Suero, Maggie Wilkins. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G).(Spencer, Evan) |
| Filing 34 MEMORANDUM OF LAW in Opposition re: #32 MOTION to Dismiss . . Document filed by Abdiell Suero, Maggie Wilkins..(Spencer, Evan) |
| Filing 33 MEMORANDUM OF LAW in Support re: #32 MOTION to Dismiss . . Document filed by NFL, New Meadowlands Stadium Company, LLC, New York Football Giants, Inc., New York Jets, LLC..(Pressment, Jonathan) |
| Filing 32 MOTION to Dismiss . Document filed by NFL, New Meadowlands Stadium Company, LLC, New York Football Giants, Inc., New York Jets, LLC..(Pressment, Jonathan) |
| Filing 31 FIRST AMENDED COMPLAINT amending #3 Complaint against NFL, New Meadowlands Stadium Company, LLC, New York Football Giants, Inc., New York Jets, LLC with JURY DEMAND.Document filed by Abdiell Suero, Maggie Wilkins. Related document: #3 Complaint..(Spencer, Evan) |
| Filing 30 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -FIRST AMENDED COMPLAINT amending #3 Complaint against MetLife Stadium Company, LLC, NFL, New York Football Giants, Inc., New York Jets, LLC with JURY DEMAND.Document filed by Abdiell Suero, Maggie Wilkins. Related document: #3 Complaint..(Spencer, Evan) Modified on 4/11/2022 (pc). |
| Filing 29 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - FIRST AMENDED COMPLAINT amending #3 Complaint against MetLife Stadium Company, LLC, NFL, New York Football Giants, Inc., New York Jets, LLC with JURY DEMAND.Document filed by Abdiell Suero. Related document: #3 Complaint..(Spencer, Evan) Modified on 4/11/2022 (vf). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Evan Spencer to RE-FILE re: Document No. #29 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading ((New Meadowlands Stadium Company, LLC; and Maggie Wilkins with party text "individually and on behalf of all others similarly situated") were not entered on CM ECF; not all filer/filers were selected for the pleading; wrong party/parties whom the pleading is against were selected. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type 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) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Evan Spencer. The party information for the following party/parties has been modified: Maggie Wilkins. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted;. (pc) |
| ADD PARTY FOR PLEADING. Defendants/Respondents New Meadowlands Stadium Company, LLC added. Party added pursuant to #3 Complaint.Document filed by Abdiell Suero, Maggie Wilkins. Related document: #3 Complaint..(Spencer, Evan) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Evan Spencer to RE-FILE re: Document No. #30 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; the wrong party/parties whom the pleading is against were selected; Add New Medowlands Stadium Company to CM ECF as a defendant. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type 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. (pc) |
| NOTICE OF CASE REASSIGNMENT to Judge Alvin K. Hellerstein. Judge Alison J. Nathan is no longer assigned to the case. (vba) |
| Filing 28 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by MetLife Stadium Company, LLC..(Pressment, Jonathan) |
| Filing 27 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by New York Jets, LLC..(Pressment, Jonathan) |
| Filing 26 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by New York Football Giants, Inc...(Pressment, Jonathan) |
| Filing 25 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by NFL..(Pressment, Jonathan) |
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Filing 24
AMENDED ORDER REFERRING CASE TO 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) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Barbara C. Moses. Motion Dkt. No. 22 referred to Barbara C. Moses. The Clerk of Court is respectfully directed to close the referral order at Dkt. No. 19. SO ORDERED. (Signed by Judge Alison J. Nathan on 3/22/2022) (vfr)
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| Filing 23 MEMORANDUM OF LAW in Support re: #22 MOTION to Dismiss the Complaint. . Document filed by MetLife Stadium Company, LLC, NFL, New York Football Giants, Inc., New York Jets, LLC..(Pressment, Jonathan) |
| Filing 22 MOTION to Dismiss the Complaint. Document filed by MetLife Stadium Company, LLC, NFL, New York Football Giants, Inc., New York Jets, LLC..(Pressment, Jonathan) |
| Filing 21 NOTICE of Motion. Document filed by MetLife Stadium Company, LLC, NFL, New York Football Giants, Inc., New York Jets, LLC..(Pressment, Jonathan) |
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Filing 20
ORDER REGARDING GENERAL PRETRIAL MANAGEMENT: The above-referenced action has been referred to Magistrate Judge Barbara Moses for general pretrial management, including scheduling, discovery, non-dispositive pretrial motions, and settlement, pursuant to 28 U.S.C. 636(b)(1)(A). All pretrial motions and applications, including those related to scheduling and discovery (but excluding motions to dismiss or for judgment on the pleadings, for injunctive relief, for summary judgment, or for class certification under Fed. R. Civ. P. 23) must be made to Judge Moses and in compliance with this Court's Individual Practices in Civil Cases, available on the Court's website at https://nysd.uscourts.gov/hon-barbara-moses. Parties and counsel are cautioned: Once a discovery schedule has been issued, all discovery must be initiated in time to be concluded by the close of discovery set by the Court. If you are aware of any party or attorney who should receive notice in this action, other than those currently listed on the docket sheet, please notify Courtroom Deputy Kevin Snell at (212) 805-0228 immediately. Court conferences and hearings may be conducted by teleconference, videoconference, or in person. Teleconferences are held on the Court's AT&T line. If a teleconference is scheduled, the parties are directed to call (888) 557-8511 and enter the access code 7746387 a few minutes before the scheduled time. Pursuant to Fed. R. Civ. P. 30(b)(3) and (b)(4), all depositions in this action may be taken via telephone, videoconference, or other remote means, and may be recorded by any reliable audio or audiovisual means. (And as further set forth herein.) SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 1/28/2022) (jca)
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Filing 19
ORDER REFERRING CASE TO 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 Barbara C. Moses. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/26/2022) (vfr)
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| Filing 18 WAIVER OF SERVICE RETURNED EXECUTED. MetLife Stadium Company, LLC waiver sent on 1/20/2022, answer due 3/21/2022. Document filed by Abdiell Suero..(Spencer, Evan) |
| Filing 17 WAIVER OF SERVICE RETURNED EXECUTED. New York Jets, LLC waiver sent on 1/20/2022, answer due 3/21/2022. Document filed by Abdiell Suero..(Spencer, Evan) |
| Filing 16 WAIVER OF SERVICE RETURNED EXECUTED. New York Football Giants, Inc. waiver sent on 1/20/2022, answer due 3/21/2022. Document filed by Abdiell Suero..(Spencer, Evan) |
| Filing 15 WAIVER OF SERVICE RETURNED EXECUTED. NFL waiver sent on 1/20/2022, answer due 3/21/2022. Document filed by Abdiell Suero..(Spencer, Evan) |
| Filing 14 NOTICE OF APPEARANCE by Alexandra Lynn Larkin on behalf of MetLife Stadium Company, LLC, NFL, New York Football Giants, Inc., New York Jets, LLC..(Larkin, Alexandra) |
| Filing 13 NOTICE OF APPEARANCE by Jonathan David Pressment on behalf of MetLife Stadium Company, LLC, NFL, New York Football Giants, Inc., New York Jets, LLC..(Pressment, Jonathan) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to MetLife Stadium Company, LLC. (vf) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to New York Jets, LLC. (vf) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to New York Football Giants, Inc.. (vf) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to NFL. (vf) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to MetLife Stadium Company, LLC, re: #3 Complaint. Document filed by Abdiell Suero..(Spencer, Evan) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to New York Jets, LLC, re: #3 Complaint. Document filed by Abdiell Suero..(Spencer, Evan) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to New York Football Giants, Inc., re: #3 Complaint. Document filed by Abdiell Suero..(Spencer, Evan) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to NFL, re: #3 Complaint. Document filed by Abdiell Suero..(Spencer, Evan) |
| Filing 4 CIVIL COVER SHEET filed..(Spencer, Evan) |
| Filing 3 COMPLAINT against MetLife Stadium Company, LLC, NFL, New York Football Giants, Inc., New York Jets, LLC. Document filed by Abdiell Suero..(Spencer, Evan) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Evan Spencer to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; Civil Cover Sheet is blank. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Evan Spencer 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) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Evan Spencer. The party information for the following party/parties has been modified: Abdiell Suero, MetLife Stadium Company, LLC. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted. (sj) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Evan Spencer. The following case opening statistical information was erroneously selected/entered: Dollar Demand $600,000,000,000; County code Albany; Fee Status code due (due). The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $9,999,000; the County code has been modified to New York; the Fee Status code has been modified to pd (paid). (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) |
| Case Designated ECF. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. 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) |
| Filing 2 FILING ERROR - DEFICIENT CIVIL COVER SHEET - PDF ERROR CIVIL COVER SHEET filed..(Spencer, Evan) Modified on 1/4/2022 (sj). |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against All Defendants. (Filing Fee $ 402.00, Receipt Number ANYSDC-25535230)Document filed by Abdiell Suero..(Spencer, Evan) Modified on 1/4/2022 (sj). |
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