Yuquilema Mullo et al v. DoorDash, Inc. et al
| Jose Reinaldo Yuquilema Mullo and Silverio Flores |
| DoorDash, Inc., Erin Anderegg and Tony Xu |
| 1:2022cv02430 |
| March 25, 2022 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Labor: Fair Standards |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on July 17, 2023. A more recent docket listing may be available from PACER.
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Filing 28
ORDER granting #27 Letter Motion for Extension of Time. Application GRANTED. The parties' settlement agreement or stipulation is due by July 27, 2023. If no agreement or stipulation is filed by this date, a conference will be held on Friday, August 4, 2023, at 10:00 A.M. in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY 10007. SO ORDERED. Motions due by 7/27/2023. (Signed by Judge Valerie E. Caproni on 7/17/2023) (tg)
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Set/Reset Hearings: Status Conference set for 8/4/2023 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (tg)
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Filing 27
LETTER MOTION for Extension of Time for Deadlines Set Forth in Court's June 16, 2023 Order addressed to Judge Valerie E. Caproni from Andrew M. Spurchise dated July 14, 2023. Document filed by Erin Anderegg, DoorDash, Inc., Tony Xu..(Spurchise, Andrew)
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Filing 26
ORDER: IT IS HEREBY ORDERED THAT the parties may not dismiss this action with prejudice unless the settlement agreement has been approved by either the Court or the Department of Labor (DOL). See Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 206 (2d Cir. 2015). Accordingly, to the extent the parties wish to dismiss this action with prejudice, they must either file a joint letter motion requesting that the Court approve the settlement agreement or, alternatively, provide documentation of the approval by DOL. Any letter motion, along with the settlement agreement, must be filed on the public docket by July 16, 2023. The letter motion must explain why the proposed settlement is fair and reasonable and should discuss, at a minimum, the following factors: as set forth herein. The parties are warned that this option runs the risk that the case may be reopened in the future. If no letter or stipulation is filed by July 16, 2023, a conference shall be held on July 21, 2023, at 10:00 a.m. in Courtroom 443 of the Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, New York 10007. SO ORDERED., ( Motions due by 7/16/2023., Status Conference set for 7/21/2023 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 6/16/2023) (ama)
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Filing 25
STATUS REPORT. JOINT /mh Document filed by Silverio Flores, Jose Reinaldo Yuquilema Mullo..(Troy, John)
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Filing 24
ORDER AND OPINION re: #10 MOTION to Compel Arbitration , Strike Class Allegations and Stay Proceedings. filed by Tony Xu, DoorDash, Inc., Erin Anderegg., For the foregoing reasons, Defendants' motion to compel arbitration and to strike Plaintiffs' class claims is GRANTED. This action is STAYED pending the conclusion of individual arbitration of Plaintiffs' claims. See Katz v. Cellco P'ship, 794 F.3d 341, 347 (2d Cir. 2015) ("[T]he text, structure, and underlying policy of the FAA mandate a stay of proceedings when all of the claims in an action have been referred to arbitration and a stay requested."). The parties must submit a joint update on the status of arbitration every six months, on the fifteenth of that month, or if the fifteenth falls on a weekend or holiday, on the first business day thereafter. The first update is due on June 15, 2023. The Clerk of Court is respectfully requested to terminate the open motion at docket entry 10 and to STAY the case. SO ORDERED. Case stayed. (Signed by Judge Valerie E. Caproni on 1/17/2023) (tg) Transmission to Orders and Judgments Clerk for processing.
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Filing 23
DECLARATION of Andrew M. Spurchise in Support re: #10 MOTION to Compel Arbitration , Strike Class Allegations and Stay Proceedings.. Document filed by Erin Anderegg, DoorDash, Inc., Tony Xu. (Attachments: #1 Exhibit 1).(Spurchise, Andrew)
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Filing 22
REPLY MEMORANDUM OF LAW in Support re: #10 MOTION to Compel Arbitration , Strike Class Allegations and Stay Proceedings. . Document filed by Erin Anderegg, DoorDash, Inc., Tony Xu..(Spurchise, Andrew)
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Filing 21
MEMORANDUM OF LAW in Opposition re: #10 MOTION to Compel Arbitration , Strike Class Allegations and Stay Proceedings. . Document filed by Silverio Flores, Jose Reinaldo Yuquilema Mullo..(Troy, John)
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Filing 20
DECLARATION of John Troy in Opposition re: #10 MOTION to Compel Arbitration , Strike Class Allegations and Stay Proceedings.. Document filed by Silverio Flores, Jose Reinaldo Yuquilema Mullo. (Attachments: #1 Exhibit 01 Plaintiffs Response in Opposition to Defendants Motion to Compel Arbitration ECF No. 116 Exhibit 4, pp. 12 CPR_7 May 17, 2019 Email from Helena Erickson to Noah Hanft with Subject Line: Potential Business (C.A.N.D. 19-cv-05279 Docket Entry No. 144 June 26, 2020), #2 Exhibit 02 CPRs Major Donors, #3 Exhibit 03 CPR 2022 Annual Review, Visionary Tier of Donors /mh).(Troy, John)
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Filing 19
ORDER with respect to #10 Motion to Compel Arbitration. IT IS HEREBY ORDERED that Plaintiff's deadline to respond in opposition to the motion to compel arbitration is adjourned nunc pro tunc to Thursday, May 5, 2022. If Plaintiff does not respond by the deadline, the Court will consider the motion unopposed and will grant the motion. Defendants' reply in support of their motion is due no later than Friday, May 20, 2022. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/2/2022) (tg)
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Set/Reset Deadlines: Responses due by 5/5/2022 Replies due by 5/20/2022. (tg)
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Filing 18
NOTICE OF APPEARANCE by Tiffany Troy on behalf of Silverio Flores, Jose Reinaldo Yuquilema Mullo..(Troy, Tiffany)
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Filing 17
NOTICE OF APPEARANCE by Aaron B. Schweitzer on behalf of Silverio Flores, Jose Reinaldo Yuquilema Mullo..(Schweitzer, Aaron)
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Filing 16
NOTICE OF APPEARANCE by John Troy on behalf of Silverio Flores, Jose Reinaldo Yuquilema Mullo..(Troy, John)
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Filing 15
CERTIFICATE OF SERVICE of Order (Dkt No. 14) served on John Troy on April 12, 2022. Service was made by Email/FedEx. Document filed by Erin Anderegg, DoorDash, Inc., Tony Xu..(Spurchise, Andrew)
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Filing 14
ORDER with respect to #10 Motion to Compel Arbitration. IT IS HEREBY ORDERED that Plaintiffs counsel must file a notice of appearance by no later than Wednesday, April 20, 2022. If Plaintiff's counsel does not appear by the deadline, the Court will order Plaintiff to show cause why the case should not be dismissed with prejudice for failure to prosecute. IT IS FURTHER ORDERED that Plaintiff's response in opposition to the motion to compel is due no later than Friday, April 29, 2022. Defendants' reply in support of their motion is due no later than Friday, May 13, 2022. IT IS FURTHER ORDERED that by no later than Wednesday, April 13, 2022, Defendants' must serve a copy of this Order on Plaintiff's counsel via email and Federal Express and file proof of service on the docket. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/11/2022) (tg)
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Set/Reset Deadlines: Responses due by 4/29/2022 Replies due by 5/13/2022. (tg)
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Filing 13
CERTIFICATE OF SERVICE of FedEx and E-mail served on John Troy on April 8, 2022. Service was made by FedEx. Document filed by Erin Anderegg, DoorDash, Inc., Tony Xu..(Spurchise, Andrew)
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Filing 12
DECLARATION of Victor Shao in Support re: #10 MOTION to Compel Arbitration , Strike Class Allegations and Stay Proceedings.. Document filed by Erin Anderegg, DoorDash, Inc., Tony Xu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Spurchise, Andrew)
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Filing 11
MEMORANDUM OF LAW in Support re: #10 MOTION to Compel Arbitration , Strike Class Allegations and Stay Proceedings. . Document filed by Erin Anderegg, DoorDash, Inc., Tony Xu..(Spurchise, Andrew)
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Filing 10
MOTION to Compel Arbitration , Strike Class Allegations and Stay Proceedings. Document filed by Erin Anderegg, DoorDash, Inc., Tony Xu..(Spurchise, Andrew)
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Filing 9
CERTIFICATE OF SERVICE of Endorsed letter from Defendants requesting extension of deadline to respond to Complaint (Dkt No. 8) served on John Troy on March 30, 2022. Service was made by FedEx. Document filed by Erin Anderegg, DoorDash, Inc., Tony Xu..(Spurchise, Andrew)
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Filing 8
MEMO ENDORSEMENT on re: #7 Letter filed by Tony Xu, DoorDash, Inc., Erin Anderegg. ENDORSEMENT: Application GRANTED. Defendants' time to move, answer, or otherwise respond to the Complaint is adjourned to Friday, April 8, 2022. By no later than Friday, April 1, 2022, the Defendant must serve this endorsement on Plaintiff's counsel via email and mail and file proof of service on the docket. SO ORDERED.Erin Anderegg answer due 4/8/2022; DoorDash, Inc. answer due 4/8/2022; Tony Xu answer due 4/8/2022. (Signed by Judge Valerie E. Caproni on 3/29/2022) (mml)
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Filing 7
LETTER addressed to Judge Valerie E. Caproni from Andrew M. Spurchise dated March 29, 2022 re: Request for extension of deadline to respond to Complaint. Document filed by Erin Anderegg, DoorDash, Inc., Tony Xu..(Spurchise, Andrew)
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Filing 6
CIVIL COVER SHEET filed..(Sharpe, Zack)
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Filing 5
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate SoftBank Group Corp., Other Affiliate SVF Swift (Cayman) for DoorDash, Inc.. Document filed by DoorDash, Inc...(Spurchise, Andrew)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Zack Sharpe, IV. The following case opening statistical information was erroneously selected/entered: Cause of Action code 29:203; County code New York; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1331; the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (pc)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Zack Sharpe, IV to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): If jurisdiction is Federal Question, do not fill out citizenship of principal parties. (pc)
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Case Designated ECF. (pc)
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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. (pc)
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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..(pc)
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Filing 4
CERTIFICATE OF SERVICE of Notice of Removal w accompanying documents served on John Troy. Document filed by Erin Anderegg, DoorDash, Inc., Tony Xu..(Spurchise, Andrew)
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Filing 3
NOTICE OF APPEARANCE by Andrew M. Spurchise on behalf of Erin Anderegg, DoorDash, Inc., Tony Xu..(Spurchise, Andrew)
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Filing 2
FILING ERROR - DEFICIENT PLEADING - PDF ERROR - CIVIL COVER SHEET filed..(Sharpe, Zack) Modified on 3/28/2022 (pc).
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Filing 1
NOTICE OF REMOVAL from Supreme Court of the State of NY, County of New York. Case Number: 650686/2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-25914125).Document filed by Erin Anderegg, DoorDash, Inc., Tony Xu. (Attachments: #1 Affidavit Declaration of Rich Kellis In Support of Notice of Removal, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E).(Sharpe, Zack)
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