Pozo v. Bluemercury, Inc.
| Richard Pozo |
| Bluemercury, Inc. |
| 1:2022cv07382 |
| August 29, 2022 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Labor: Other |
| 28 U.S.C. § 1332 lr Diversity - Labor |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 7, 2023. A more recent docket listing may be available from PACER.
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Filing 34
OPINION AND ORDER re: #8 MOTION to Dismiss on Behalf of Defendant Pursuant to Fed. R. Civ. P. 12(b)(1) and (6). filed by Bluemercury, Inc.. For the foregoing reasons, Defendant's motion to dismiss pursuant to Rule 12(b)(1), to stay proceedings, and to strike class allegations is DENIED. Defendant's motion to dismiss pursuant to Rule 12(b)(6) is GRANTED. The Clerk of Court is respectfully directed to close the open motion at Dkt. 8. Not later than August 18, 2023, Plaintiff must file an amended complaint, or the Court will dismiss the case. SO ORDERED. ( Amended Pleadings due by 8/18/2023.) (Signed by Judge Valerie E. Caproni on 8/3/2023) (tg)
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Filing 33
LETTER addressed to Judge Valerie E. Caproni from Yitzchak Kopel dated 07/20/2023 re: Notice of Supplemental Authority. Document filed by Richard Pozo. (Attachments: #1 Exhibit A -MacChiavello v. ABB-CON).(Kopel, Yitzchak)
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Filing 32
LETTER addressed to Judge Valerie E. Caproni from Yitzchak Kopel dated 6/28/23 re: Notice of Supplemental Authority. Document filed by Richard Pozo..(Kopel, Yitzchak)
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Filing 31
LETTER addressed to Judge Valerie E. Caproni from Yitzchak Kopel dated 5/23/23 re: Notice of Supplemental Authority. Document filed by Richard Pozo..(Kopel, Yitzchak)
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Filing 30
LETTER addressed to Judge Valerie E. Caproni from Yitzchak Kopel dated 5/19/23 re: Notice of Supplemental Authority. Document filed by Richard Pozo..(Kopel, Yitzchak)
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Filing 29
NOTICE of Response to Defendant's Notice of Supplemental Authority re: #28 Notice (Other). Document filed by Richard Pozo..(Kopel, Yitzchak)
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Filing 28
NOTICE of Supplemental Authority re: #9 Memorandum of Law in Support of Motion. Document filed by Bluemercury, Inc.. (Attachments: #1 Exhibit Exhibit A - NY Senate Bills S6077, S6108 and S361).(Andeskie, Kegan)
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Filing 27
NOTICE of Supplemental Authority re: Defendant's Motion to Dismiss. Document filed by Richard Pozo. (Attachments: #1 Exhibit A - Miner-Vargas v. Wal-Mart).(Kopel, Yitzchak)
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Filing 26
NOTICE of Supplemental Authority re: Defendant's Motion to Dismiss. Document filed by Richard Pozo. (Attachments: #1 Exhibit A - Tractor Supply R&R re MTD, #2 Exhibit B - Tractor Supply Decision and Order).(Kopel, Yitzchak)
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Filing 25
REPLY MEMORANDUM OF LAW in Support re: #8 MOTION to Dismiss on Behalf of Defendant Pursuant to Fed. R. Civ. P. 12(b)(1) and (6). . Document filed by Bluemercury, Inc.. (Attachments: #1 Supplement Cert of Counsel in Support of Motion, #2 Exhibit Exh A- Affirmation of Yitzchak Kopel, Esq., #3 Exhibit Exh B- Unpublished Cases).(Andeskie, Kegan)
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Filing 24
ORDER granting #23 Letter Motion for Extension of Time to File Response/Reply re #23 LETTER MOTION for Extension of Time to File Response/Reply as to #21 Memorandum of Law in Opposition to Motion addressed to Judge Valerie E. Caproni from Kegan Andeskie, Esq. dated January 31, 2023., #8 MOTION to Dismiss on Behalf of Defendant Pursuant to Fed. R. Civ. P. 12(b)(1) and (6). Application GRANTED. SO ORDERED. Replies due by 2/13/2023. (Signed by Judge Valerie E. Caproni on 1/31/2023) (tg)
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Filing 23
LETTER MOTION for Extension of Time to File Response/Reply as to #21 Memorandum of Law in Opposition to Motion addressed to Judge Valerie E. Caproni from Kegan Andeskie, Esq. dated January 31, 2023. Document filed by Bluemercury, Inc...(Andeskie, Kegan)
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Filing 22
DECLARATION of Yitzchak Kopel in Opposition re: #8 MOTION to Dismiss on Behalf of Defendant Pursuant to Fed. R. Civ. P. 12(b)(1) and (6).. Document filed by Richard Pozo. (Attachments: #1 Exhibit 1 - Gordon v. Bluetriton Hearing Transcript, #2 Exhibit 2 - Quintanilla Hearing Transcript, #3 Exhibit 3 - 1966 Bill Jacket ch 548, #4 Exhibit 4 - 1967 Bill Jacket ch 310, #5 Exhibit 5 - New York Senate Bill S858, #6 Exhibit 6 - Opinion Letter from the New York State Department of Labor dated October 28, 2010,, #7 Exhibit 7 - Opinion Letter from the New York State Department of Labor dated May 21, 2009).(Kopel, Yitzchak)
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Filing 21
MEMORANDUM OF LAW in Opposition re: #8 MOTION to Dismiss on Behalf of Defendant Pursuant to Fed. R. Civ. P. 12(b)(1) and (6). . Document filed by Richard Pozo..(Kopel, Yitzchak)
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Filing 20
ORDER granting #19 Letter Motion for Extension of Time to File Response/Reply re #19 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Valerie E. Caproni from Yitzchak Kopel dated December 23, 2022., #8 MOTION to Dismiss on Behalf of Defendant Pursuant to Fed. R. Civ. P. 12(b)(1) and (6). Application GRANTED. SO ORDERED. Responses due by 1/30/2023. (Signed by Judge Valerie E. Caproni on 12/23/2022) (tg)
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Filing 19
LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Valerie E. Caproni from Yitzchak Kopel dated December 23, 2022. Document filed by Richard Pozo..(Kopel, Yitzchak)
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Filing 18
ORDER granting #17 Letter Motion for Extension of Time. Application GRANTED. Plaintiff's opposition brief is due on December 30, 2022, and Defendant's reply brief is due on January 10, 2023. The Court reminds the parties that, at any time, they may jointly request a referral to the Court-annexed mediation program or to the assigned magistrate judge for a settlement conference. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/29/2022) (tg)
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Set/Reset Deadlines: Responses due by 12/30/2022 Replies due by 1/10/2023. (tg)
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Filing 17
LETTER MOTION for Extension of Time to file Opposition to Motion to Dismiss addressed to Judge Valerie E. Caproni from Yitzchak Kopel dated November 28, 2022. Document filed by Richard Pozo..(Kopel, Yitzchak)
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Minute Entry for proceedings held before Judge Valerie E. Caproni: Initial Pretrial Conference held on 11/18/2022. Attorney Yitzchak Kopel present for the plaintiff. Attorney Kegan Andeskie present for the defendant. Court Reporter Eve Giniger present. (anc)
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Filing 16
ORDER: IT IS HEREBY ORDERED that all discovery deadlines are stayed pending resolution of the pending motion to dismiss. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/18/2022) (tg)
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Filing 15
JOINT LETTER addressed to Judge Valerie E. Caproni from Yitzchak Kopel dated November 10, 2022 re: Notice of Initial Pretrial Conference (ECF No. 7). Document filed by Richard Pozo. (Attachments: #1 Exhibit Proposed Civil Case Management Plan and Scheduling Order).(Kopel, Yitzchak)
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Filing 14
ORDER granting #13 Letter Motion for Extension of Time to File Response/Reply re #13 LETTER MOTION for Extension of Time to File Response/Reply re: Motion to Dismiss Briefing Schedule addressed to Judge Valerie E. Caproni from Yitzchak Kopel dated November 7, 2022., #8 MOTION to Dismiss on Behalf of Defendant Pursuant to Fed. R. Civ. P. 12(b)(1) and (6). Application GRANTED. SO ORDERED. Responses due by 11/30/2022 Replies due by 12/14/2022. (Signed by Judge Valerie E. Caproni on 11/7/2022) (tg)
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Filing 13
LETTER MOTION for Extension of Time to File Response/Reply re: Motion to Dismiss Briefing Schedule addressed to Judge Valerie E. Caproni from Yitzchak Kopel dated November 7, 2022. Document filed by Richard Pozo..(Kopel, Yitzchak)
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Filing 12
ORDER GRANTING ADMISSION PRO HAC VICE granting #11 Motion to Appear Pro Hac Vice. The Motion of Kegan Andeskie, for admission to practice pro hac vice in the above-captioned action is granted. As further set forth by this Order. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/7/2022) (tg)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for Kegan S. Andeskie to Appear Pro Hac Vice on Behalf of Defendant Bluemercury, Inc. Filing fee $ 200.00, receipt number ANYSDC-26921332. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sac)
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Filing 11
MOTION for Kegan S. Andeskie to Appear Pro Hac Vice on Behalf of Defendant Bluemercury, Inc. Filing fee $ 200.00, receipt number ANYSDC-26921332. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bluemercury, Inc.. (Attachments: #1 Affidavit Affidavit of Kegan S. Andeskie in Support of Motion for Admission Pro Hac Vice, #2 Exhibit Exhibit A- Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Andeskie, Kegan)
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Filing 10
DECLARATION of Kirsten M. Grossman in Support re: #8 MOTION to Dismiss on Behalf of Defendant Pursuant to Fed. R. Civ. P. 12(b)(1) and (6).. Document filed by Bluemercury, Inc.. (Attachments: #1 Exhibit Exh A- Plaintiff's Complaint, #2 Exhibit Exh B- Order of p.22.22, #3 Exhibit Exh C- Unpublished Cases, #4 Text of Proposed Order Proposed Order, #5 Affidavit Cert of Service).(Grossman, Kirsten)
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Filing 9
MEMORANDUM OF LAW in Support re: #8 MOTION to Dismiss on Behalf of Defendant Pursuant to Fed. R. Civ. P. 12(b)(1) and (6). . Document filed by Bluemercury, Inc...(Grossman, Kirsten)
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Filing 8
MOTION to Dismiss on Behalf of Defendant Pursuant to Fed. R. Civ. P. 12(b)(1) and (6). Document filed by Bluemercury, Inc.. Responses due by 11/16/2022.(Grossman, Kirsten)
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Filing 7
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 11/18/2022 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 9/23/2022) (tg)
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Filing 6
ORDER granting #5 Letter Motion for Extension of Time to Answer re #5 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Valerie E. Caproni from Kirsten M. Grossman dated September 21, 2022.. Application GRANTED. SO ORDERED. Bluemercury, Inc. answer due 11/2/2022. (Signed by Judge Valerie E. Caproni on 9/22/2022) (tg)
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Filing 5
LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Valerie E. Caproni from Kirsten M. Grossman dated September 21, 2022. Document filed by Bluemercury, Inc...(Grossman, Kirsten)
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Filing 4
ELECTRONIC SUMMONS ISSUED as to Bluemercury, Inc...(jgo)
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Yitzchak Kopel. 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;. (jgo)
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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..(jgo)
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Case Designated ECF. (jgo)
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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. (jgo)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Bluemercury, Inc., re: #1 Complaint. Document filed by Richard Pozo..(Kopel, Yitzchak)
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Filing 2
CIVIL COVER SHEET filed..(Kopel, Yitzchak)
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Filing 1
COMPLAINT against Bluemercury, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26609286)Document filed by Richard Pozo..(Kopel, Yitzchak)
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| Plaintiff: Richard Pozo | |
| Represented By: | Yitzchak Kopel |
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| Defendant: Bluemercury, Inc. | |
| Represented By: | Kirsten McCaw Grossman |
| Represented By: | Kegan Andeskie |
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