Shinde v. Chamber Music America, Inc. et al
| Gargi Shinde |
| Chamber Music America, Inc., Kevin Kwan Loucks, Margery Hwang, Lecolion Washington, Jennifer Grim and Esq. Peter A. Walker |
| 1:2023cv02554 |
| March 26, 2023 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Ona T Wang |
| Civil Rights: Jobs |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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Filing 33
ORDER The Court held an Initial Case Management Conference on May 24, 2023. As discussed at the conference, the case is hereby STAYED pending mediation. The parties shall file a joint status letter upon the conclusion of mediation. The letter shall be filed by counsel for Defendants. The Clerk of Court is respectfully directed to serve a copy of this order on pro se Plaintiff. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 5/24/2023) (jca)
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| Filing 32 NOTICE OF APPEARANCE by Marlin Duro-Martinez on behalf of Peter A. Walker..(Duro-Martinez, Marlin) |
| Filing 31 PROPOSED CASE MANAGEMENT PLAN. Document filed by Peter A. Walker..(Yu, James) |
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Filing 30
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): ECF Nos. 21, 26. Referred to Magistrate Judge Ona T. Wang. Motions referred to Ona T. Wang. (Signed by Judge Analisa Torres on 5/16/2023) (tg)
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| Filing 29 NOTICE of Notice to Pro Se Litigant Pursuant to Rule 12(b) re: #26 MOTION to Dismiss Complaint.. Document filed by Chamber Music America, Inc., Jennifer Grim, Margery Hwang, Kevin Kwan Loucks, Lecolion Washington..(Sack, Andrew) |
| Filing 28 MEMORANDUM OF LAW in Support re: #26 MOTION to Dismiss Complaint. . Document filed by Chamber Music America, Inc., Jennifer Grim, Margery Hwang, Kevin Kwan Loucks, Lecolion Washington..(Sack, Andrew) |
| Filing 27 DECLARATION of Andrew Ross Sack in Support re: #26 MOTION to Dismiss Complaint.. Document filed by Chamber Music America, Inc., Jennifer Grim, Margery Hwang, Kevin Kwan Loucks, Lecolion Washington. (Attachments: #1 Exhibit Chamber Music Americas response to the Equal Employment Opportunity Commission dated August 12, 2022, with Exhibits 1-24 annexed thereto).(Sack, Andrew) |
| Filing 26 MOTION to Dismiss Complaint. Document filed by Chamber Music America, Inc., Jennifer Grim, Margery Hwang, Kevin Kwan Loucks, Lecolion Washington..(Sack, Andrew) |
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Filing 25
AMENDED ORDER OF REFERENCE TO A 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) Pa1ticular Motion: ECF No. 21. Referred to Magistrate Judge Ona T. Wang. Motions referred to Ona T. Wang. (Signed by Judge Analisa Torres on 5/12/2023) (kv)
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| Filing 24 NOTICE of Notice to Pro Se Litigant Pursuant to Rule 12(b) re: #21 MOTION to Dismiss Complaint.. Document filed by Peter A. Walker..(Yu, James) |
| Filing 23 MEMORANDUM OF LAW in Support re: #21 MOTION to Dismiss Complaint. . Document filed by Peter A. Walker. (Attachments: #1 Exhibit Compendium of Unreported Cases to Pro Se).(Yu, James) |
| Filing 22 DECLARATION of James S. Yu in Support re: #21 MOTION to Dismiss Complaint.. Document filed by Peter A. Walker. (Attachments: #1 Exhibit 1).(Yu, James) |
| Filing 21 MOTION to Dismiss Complaint. Document filed by Peter A. Walker..(Yu, James) |
| Filing 20 NOTICE OF APPEARANCE by Andrew Ross Sack on behalf of Chamber Music America, Inc., Jennifer Grim, Margery Hwang, Kevin Kwan Loucks, Lecolion Washington..(Sack, Andrew) |
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Filing 19
INITIAL CASE MANAGEMENT CONFERENCE ORDER: An Initial Pretrial Conference in accordance with Rule 16(b) of the Federal Rules of Civil Procedure will be held on Wednesday, May 24, 2023 at 11:30 a.m. in Courtroom 20D, 500 Pearl Street, New York, NY 10007. Initial Conference set for 5/24/2023 at 11:30 AM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ona T. Wang. (Signed by Magistrate Judge Ona T. Wang on 4/19/2023) (rro)
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Filing 18
MEDIATION REFERRAL ORDER FOR PRO SE EMPLOYMENT DISCRIMINATION CASES..IT IS ORDERED that this pro se case is referred for mediation to the Court's Mediation Program. Local Civil Rule 83.9 and the Mediation Program Procedures shall govern the mediation. Unless otherwise ordered, the mediation will have no effect upon any scheduling order issued by this Court, and all parties are obligated to continue to litigate the case. IT IS FURTHER ORDERED that the Clerk of Court shall attempt to locate pro bono counsel to represent Plaintiff at the mediation. Pro bono counsel will contact Plaintiff directly. The time to assign a mediator under Local Civil Rule 83.9 and the Court's Mediation Program Procedures will be deferred until pro bono counsel has filed a Notice of Limited Appearance of Pro Bono Counsel. Pro bono counsel will represent Plaintiff solely for purposes of the mediation, and that representation will terminate at the conclusion of the mediation process. IT IS FURTHER ORDERED that any objection by Plaintiff either to the mediation or to the Court's request for pro bono counsel to represent Plaintiff in the mediation must be filed within fourteen days of this order. SO ORDERED. (Signed by Judge Analisa Torres on 4/10/2023) (kv)
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Filing 17
ORDER denying without prejudice to renewal #9 Letter Motion for Conference re: #9 LETTER MOTION for Conference addressed to Judge Analisa Torres from Victoria M. Scaglione dated April 4, 2023. Defendants Chamber Music America, Inc., Kevin Kwan Loucks, Maigery Hwang, Lecolion Washington, and Jennifer Grim request that the Court "stay... these proceedings including Plaintiff's motion for remand... until after a settlement conference is completed." ECF No. 9. Defendants' request for a stay of this matter is DENIED. By May 15, 2023, Defendants shall answer or otherwise respond to the complaint. Defendants also request a settlement conference with the Court or the Honorable Ona T. Wang. ECF No. 9. The Court shall refer this action to mediation in a separate order. Accordingly, Defendants' request for a settlement conference is DENIED without prejudice to renewal. The Clerk of Court is directed to terminate the motion at ECF No. 9. SO ORDERED.. (Signed by Judge Analisa Torres on 4/10/2023) (kv)
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| Set/Reset Deadlines: Chamber Music America, Inc. answer due 5/15/2023; Jennifer Grim answer due 5/15/2023; Margery Hwang answer due 5/15/2023; Kevin Kwan Loucks answer due 5/15/2023; Peter A. Walker answer due 5/15/2023; Lecolion Washington answer due 5/15/2023. (kv) |
| Filing 16 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Gargi Shinde consents to receive electronic service via the ECF system. Document filed by Gargi Shinde.(sc) Modified on 4/10/2023 (sc). |
| Filing 15 LETTER addressed to Judge Analisa Torres from G. Shinde dated 4/7/23 re: PLAINTIFF'S RESPONSE TO DEFENDANT'S REMOVAL(Chamber Music America Inc.) Document filed by Gargi Shinde.(sc) |
| Filing 14 NOTICE OF PRO SE APPEARANCE by Gargi Shinde. (sc) |
| Filing 13 AFFIDAVIT OF SERVICE of Memo endorsed letter from court dated 4-5-2023 served on Gargi Shinde on April 6, 2023. Service was made by Mail. Document filed by Chamber Music America, Inc., Jennifer Grim, Margery Hwang, Kevin Kwan Loucks, Lecolion Washington..(Scaglione, Victoria) |
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Filing 12
MEMO ENDORSEMENT on re: #9 LETTER MOTION for Conference addressed to Judge Analisa Torres from Victoria M. Scaglione dated April 4, 2023. filed by Kevin Kwan Loucks, Jennifer Grim, Chamber Music America, Inc., Margery Hwang, Lecolion Washington. ENDORSEMENT: Plaintiff pro se has not yet appeared in this action. The Court shall address Defendants' requests once Plaintiff appears. Defendants are directed to serve this order on Plaintiff pro se and file proof of service on the docket by April 7, 2023. SO ORDERED. (Signed by Judge Analisa Torres on 4/5/23) (yv)
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| Filing 11 NOTICE OF APPEARANCE by Elizabeth Rolande Gorman on behalf of Chamber Music America, Inc., Jennifer Grim, Margery Hwang, Kevin Kwan Loucks, Lecolion Washington..(Gorman, Elizabeth) |
| Filing 10 NOTICE OF APPEARANCE by Victoria Scaglione on behalf of Chamber Music America, Inc., Jennifer Grim, Margery Hwang, Kevin Kwan Loucks, Lecolion Washington..(Scaglione, Victoria) |
| Filing 9 LETTER MOTION for Conference addressed to Judge Analisa Torres from Victoria M. Scaglione dated April 4, 2023. Document filed by Chamber Music America, Inc., Jennifer Grim, Margery Hwang, Kevin Kwan Loucks, Lecolion Washington..(Scaglione, Victoria) |
| Filing 8 CERTIFICATE OF SERVICE of March 30, 2023 Court Order, with NYLAG Flyer served on Plaintiff Gargi Shinde on April 3, 2023. Service was made by Mail (FedEx) and Email. Document filed by Chamber Music America, Inc., Jennifer Grim, Kevin Kwan Loucks, Peter A. Walker, Lecolion Washington..(Yu, James) |
| Mailed a copy of #7 Order Referring Case to Magistrate Judge, #6 Order on Motion for Extension of Time to Gargi Shinde at 6515 Boulevard East, Apt. 4C, West New York, NJ 07093. (kh) |
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Filing 7
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 Ona T. Wang. (Signed by Judge Analisa Torres on 3/30/2023) (rro)
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Filing 6
ORDER granting in part and denying in part #4 Letter Motion for Extension of Time. GRANTED in part, DENIED in part. In an email to defense counsel dated March 20, 2023, Plaintiff pro se, Gargi Shinde, stated that she "intend[s] to challenge the removal of the case." ECF No. 4-1 at 1. Accordingly, by April 10, 2023, Plaintiff shall appear in this action and file any motion for remand. By April 17, 2023, Defendants shall file their opposition. Defendants' time to answer or otherwise respond to the complaint is stayed pending resolution of Plaintiffs anticipated challenge to removal. Plaintiff may consider contacting the New York Legal Assistance Group's ("NYLAG") Clinic for Pro Se Litigants in the Southern District of New York, which is a free legal clinic staffed by attorneys and paralegals to assist those who are representing themselves in civil lawsuits in this Court. The Clinic is run by a private organization; it is not part of, or run by, the Court. It cannot accept filings on behalf of the Court, which must still be made by any prose party through the Pro Se Intake Unit. To receive limited-scope assistance from the Clinic pai1ies may complete the Clinic's intake form on their computer or phone at: https://tinyurl.com/NYLAG-ProSe-OI. If parties have questions regarding the form or they are unable to complete it, they may leave a voicemail at (212) 659-5190. The Clinic is open on weekdays from 10:00 a.m. to 4:00 p.m., except on days when the Court is closed. A copy of the flyer with details of the Clinic is attached to this order. Defendants are directed to serve this order (including the NYLAG flyer) on Plaintiff prose and file proof of service on the docket by April 3, 2023. The Clerk of Court is directed to te1minate the motion at ECF No. 4. (Signed by Judge Analisa Torres on 3/30/2023) (rro)
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| Set/Reset Deadlines: Motions due by 4/10/2023. Responses due by 4/17/2023 (rro) |
| Filing 4 LETTER MOTION for Extension of Time to answer, move with respect to, or otherwise respond to the complaint by April 24, 2023 addressed to Judge Analisa Torres from James S. Yu of Seyfarth Shaw LLP dated March 27, 2023. Document filed by Chamber Music America, Inc., Jennifer Grim, Margery Hwang, Kevin Kwan Loucks, Peter A. Walker, Lecolion Washington. (Attachments: #1 Exhibit A- Email Correspondence with Plaintiff (Pro Se)).(Yu, James) |
| 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 CIVIL COVER SHEET filed..(Yu, James) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Chamber Music America, Inc...(Yu, James) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of New York, County of New York. Case Number: 650556/2023. (Filing Fee $ 402.00, Receipt Number ANYSDC-27519395).Document filed by Jennifer Grim, Margery Hwang, Kevin Kwan Loucks, Peter A. Walker, Chamber Music America, Inc., Lecolion Washington. (Attachments: #1 Exhibit A Pt. 1 - State Court Record, #2 Exhibit A Pt. 2 - State Court Record, #3 Exhibit A Pt. 3 - State Court Record, #4 Exhibit A Pt. 4 - State Court Record, #5 Exhibit A Pt. 5 - State Court Record, #6 Exhibit A Pt. 6 - State Court Record, #7 Exhibit A Pt. 7 - State Court Record, #8 Exhibit A Pt. 8 - State Court Record, #9 Exhibit A Pt. 9 - State Court Record, #10 Exhibit A Pt. 10 - State Court Record, #11 Exhibit A Pt. 11 - State Court Record, #12 Exhibit A Pt. 12 - State Court Record).(Yu, James) |
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