Kominis v. Starbucks Corporation
| Joan Kominis and Jason McAllister |
| Starbucks Corporation |
| 1:2022cv06673 |
| August 5, 2022 |
| US District Court for the Southern District of New York |
| John P Cronan |
| Other Fraud |
| 28 U.S.C. § 1332 fr Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 11, 2024. A more recent docket listing may be available from PACER.
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Filing 29
OPINION AND ORDER re: #23 MOTION to Dismiss Consolidated Amended Complaint. filed by Starbucks Corporation. For the reasons stated above, the Court grants the motion to dismiss in part and denies it in part. The Court grants the motion with respect to the Tenth and Eleventh Causes of Action. The motion is denied with respect to the first nine Causes of Action. In the event Plaintiffs decide to file another amended complaint, they must do so within thirty days of this Opinion and Order. Counsel shall appear before the undersigned for an Initial Pretrial Conference ("IPTC") in accordance with Rule 16 of the Federal Rules of Civil Procedure on October 18, 2023, at 11:30 a.m. via telephone. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. By October 11, 2023, the parties shall also submit to the Court a proposed case management plan and scheduling order, a template of which is available at https://www.nysd.uscourts.gov/hon-john-p-cronan. The Clerk of Court is respectfully directed to close the motion pending at Docket Number 23. SO ORDERED. ( Initial Conference set for 10/18/2023 at 11:30 AM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 9/16/2023) (tg)
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Filing 28
REPLY MEMORANDUM OF LAW in Support re: #23 MOTION to Dismiss Consolidated Amended Complaint. . Document filed by Starbucks Corporation..(Henry, Sascha)
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Filing 27
RESPONSE in Opposition to Motion re: #23 MOTION to Dismiss Consolidated Amended Complaint. . Document filed by Joan Kominis, Jason McAllister..(Abiri, Robert)
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Filing 26
ORDER granting #25 Letter Motion for Extension of Time to File Response/Reply re #25 LETTER MOTION for Extension of Time to File Response/Reply as to #23 MOTION to Dismiss Consolidated Amended Complaint, addressed to Judge John P. Cronan from Robert Abiri dated November 17, 2022. The request is granted. Plaintiffs shall respond to Defendant's motion to dismiss by December 7, 2022. Defendant shall file its reply, if any, by December 16, 2022. The Clerk of Court is respectfully directed to close the motion pending at Docket Number 25. SO ORDERED. Responses due by 12/7/2022. Replies due by 12/16/2022. (Signed by Judge John P. Cronan on 11/21/2022) (va)
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Filing 25
LETTER MOTION for Extension of Time to File Response/Reply as to #23 MOTION to Dismiss Consolidated Amended Complaint. addressed to Judge John P. Cronan from Robert Abiri dated November 17, 2022. Document filed by Joan Kominis, Jason McAllister..(Abiri, Robert)
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Filing 24
MEMORANDUM OF LAW in Support re: #23 MOTION to Dismiss Consolidated Amended Complaint. . Document filed by Starbucks Corporation..(Henry, Sascha)
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Filing 23
MOTION to Dismiss Consolidated Amended Complaint. Document filed by Starbucks Corporation..(Henry, Sascha)
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Filing 22
ORDER denying without prejudice #14 Motion to Dismiss. Defendant moved to dismiss the original Complaint in this action, Dkt. 1, on September 15, 2022, Dkt. 14. On October 7, 2022, Plaintiff filed the Amended Complaint. Dkt. 18. The Court then set a briefing schedule for a new motion to dismiss the Amended Complaint in an October 26, 2022 order. Dkt. 21. Therefore, Defendant's original motion to dismiss is denied without prejudice. The Clerk of Court is respectfully directed to close the motion pending at Docket Number 14. SO ORDERED. (Signed by Judge John P. Cronan on 11/7/2022) (jca)
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Filing 21
ORDER denying #19 Letter Motion for Conference re: #19 LETTER MOTION for Conference re: #18 Amended Complaint addressed to Judge John P. Cronan from Sascha Henry dated October 21, 2022. The Court does not believe a conference is necessary at this time. Defendant shall file its motion to dismiss, if any, by November 9, 2022. Plaintiffs shall file their response by November 23, 2022. Defendant shall file its reply, if any, by December 2, 2022. The Clerk of Court is respectfully directed to close the motion pending at Docket Number 19. SO ORDERED. (Signed by Judge John P. Cronan on 10/26/2022) (tg)
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Set/Reset Deadlines: Motions due by 11/9/2022. Responses due by 11/23/2022 Replies due by 12/2/2022. (tg)
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Filing 20
LETTER RESPONSE in Opposition to Motion addressed to Judge John P. Cronan from Robert Abiri dated 10/25/2022 re: #19 LETTER MOTION for Conference re: #18 Amended Complaint addressed to Judge John P. Cronan from Sascha Henry dated October 21, 2022. . Document filed by Joan Kominis, Jason McAllister..(Abiri, Robert)
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Filing 19
LETTER MOTION for Conference re: #18 Amended Complaint addressed to Judge John P. Cronan from Sascha Henry dated October 21, 2022. Document filed by Starbucks Corporation..(Henry, Sascha)
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Filing 18
AMENDED COMPLAINT amending #1 Complaint against Starbucks Corporation with JURY DEMAND.Document filed by Joan Kominis, Jason McAllister. Related document: #1 Complaint..(Abiri, Robert)
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Filing 17
ORDER granting #16 Letter Motion for Extension of Time to File Response/Reply as to #14 MOTION to Dismiss addressed to Judge John P. Cronan from Robert J. Guite dated September 27, 2022. The request is granted. Plaintiff's deadline to respond to Defendant's motion to dismiss is adjourned sine die. If Plaintiff has not submitted an Amended Complaint by October 7, 2022, the parties shall file a joint status update by October 13, 2022. The Clerk of Court is respectfully directed to close the motion pending at Docket Number 16. SO ORDERED. (Signed by Judge John P. Cronan on 9/27/2022) (vfr)
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Set/Reset Deadlines: Amended Pleadings due by 10/7/2022. (vfr)
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Filing 16
JOINT LETTER MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Dismiss . addressed to Judge John P. Cronan from Robert J. Guite dated September 27, 2022. Document filed by Starbucks Corporation..(Guite, Robert)
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Filing 15
MEMORANDUM OF LAW in Support re: #14 MOTION to Dismiss . . Document filed by Starbucks Corporation..(Henry, Sascha)
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Filing 14
MOTION to Dismiss . Document filed by Starbucks Corporation..(Henry, Sascha)
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Filing 13
ORDER granting #9 Motion for Robert James Guite to Appear Pro Hac Vice (HEREBY ORDERED by Judge John P. Cronan)(Text Only Order) (mhe)
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Filing 12
ORDER granting #8 Motion for Sascha Henry to Appear Pro Hac Vice (HEREBY ORDERED by Judge John P. Cronan)(Text Only Order) (mhe)
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Filing 11
ORDER denying #7 Letter Motion for Conference re: #7 LETTER MOTION for Conference regarding Defendant's anticipated motion to dismiss addressed to Judge John P. Cronan from Paul W. Garrity dated August 26, 2022. The Court is in receipt of Defendant's letter-motion requesting a pre-motion conference in advance of its forthcoming Motion to Dismiss (Dkt. 7), and Plaintiff's response to Defendant's pre-motion letter (Dkt. 10). Upon reviewing the parties' letters, the Court finds that a pre-motion conference is not necessary, and that Defendant may proceed in filing the Motion to Dismiss. Defendants motion papers are due by September 15, 2022. Plaintiff's opposition papers are due by September 29, 2022. Defendants reply papers, if any, are due by October 6, 2022. In accordance with the Court's Individual Rules and Practices for Civil Cases, requests for extensions or adjournment may be made only by letter-motion filed on ECF and must be received at least 48 hours (i.e., two business days) before the deadline or scheduled appearance, absent compelling circumstances. The written submission must state (1) the original date(s) set for the appearance or deadline(s) and the new date(s) requested; (2) the reason(s) for the request; (3) the number of previous requests for adjournment or extension; (4) whether these previous requests were granted or denied; and (5) whether opposing counsel consents, and, if not, the reasons given by opposing counsel for refusing to consent. The Clerk of the Court is respectfully directed to terminate the motion pending at Docket Number 7. SO ORDERED. (Signed by Judge John P. Cronan on 9/2/2022) (jca)
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Set/Reset Deadlines: Motions due by 9/15/2022. Responses due by 9/29/2022 Replies due by 10/6/2022. (jca)
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Filing 10
LETTER RESPONSE in Opposition to Motion addressed to Judge John P. Cronan from Robert Abiri dated August 31, 2022 re: #7 LETTER MOTION for Conference regarding Defendant's anticipated motion to dismiss addressed to Judge John P. Cronan from Paul W. Garrity dated August 26, 2022. . Document filed by Joan Kominis..(Abiri, Robert)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #8 MOTION for Sascha Henry to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26612338. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 MOTION for Robert James Guite to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26614313. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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Filing 9
MOTION for Robert James Guite to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26614313. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Starbucks Corporation. (Attachments: #1 Supplement Declaration, #2 Exhibit CA Certificate of Good Standing, #3 Exhibit MT Certificate of Good Standing, #4 Exhibit WA Certificate of Good Standing, #5 Supplement Proposed Order).(Guite, Robert)
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Filing 8
MOTION for Sascha Henry to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26612338. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Starbucks Corporation. (Attachments: #1 Supplement Declaration, #2 Exhibit Certificate of Good Standing, #3 Supplement Proposed Order).(Henry, Sascha)
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Filing 7
LETTER MOTION for Conference regarding Defendant's anticipated motion to dismiss addressed to Judge John P. Cronan from Paul W. Garrity dated August 26, 2022. Document filed by Starbucks Corporation..(Garrity, Paul)
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Filing 6
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Starbucks Corporation..(Garrity, Paul)
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Filing 5
SUMMONS RETURNED EXECUTED Summons and Complaint served. Starbucks Corporation served on 8/10/2022, answer due 8/31/2022. Service was accepted by Ellen Jones, Registered Agent. Document filed by Joan Kominis..(Abiri, Robert)
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Filing 4
ELECTRONIC SUMMONS ISSUED as to Starbucks Corporation..(pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John P. Cronan. 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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Magistrate Judge Gabriel W. Gorenstein 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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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Robert Abiri. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to Queens;. (pc)
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Case Designated ECF. (pc)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Starbucks Corporation, re: #1 Complaint. Document filed by Joan Kominis..(Abiri, Robert)
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Filing 2
CIVIL COVER SHEET filed..(Abiri, Robert)
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Filing 1
COMPLAINT against Starbucks Corporation. (Filing Fee $ 402.00, Receipt Number ANYSDC-26511390)Document filed by Joan Kominis..(Abiri, Robert)
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