Emanuel et al v. Gap, Inc. et al
Case Number: 7:2019cv03617
Filed: February 13, 2020
Court: US District Court for the Southern District of New York
Office: White Plains Office
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42 U.S.C. ยง 2000 e-2e Job Discrimination (Unlawful Employment Practices)
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Date Filed Document Text
March 27, 2024 Opinion or Order Filing 239 ORDER The Court has been informed that the Parties have reached a settlement in principle in this case. Accordingly, it is hereby ORDERED that this action is dismissed without costs and without prejudice to restoring the action to the Courts cale ndar, provided the application to restore the action is made within thirty (30) days of this Order. Any application to reopen filed after thirty (30) days from the date of this Order may be denied solely on that basis. Any pending motions are DISMISSED as moot, and all conferences and trial in this matter are CANCELED. SO ORDERED. (Signed by Judge Philip M. Halpern on 3/27/2024) (jca)
February 29, 2024 Opinion or Order Filing 237 ORDER Counsel for all parties appeared for an in-person pretrial conference on February 28, 2024. As discussed on the record, this matter is scheduled for a jury trial on June 10, 2024, and the parties are on five days' notice of trial. As e xplained more fully on the record during the appearance, the Court directs as follows: 1. The parties shall meet and confer regarding the Courts directives and instructions regarding changes to the proposed Joint Pretrial Order and file, by April 5, 2024, a revised proposed Joint Pretrial Order. 2. The parties shall meet and confer regarding changes to the proposed Verdict Sheet and file, by April 5, 2024, a revised proposed Verdict Sheet. 3. All of the revised pretrial materials must be filed via ECF and simultaneously e-mailed, in Word format, to Chambers e-mail at HalpernNYSDChambers@nysd.uscourts.gov. 4. A final pretrial conference has been scheduled for May 6, 2024 at 2:30 p.m. in Courtroom 520 of the White Plains courthouse. See Transcript. SO ORDERED. (Proposed Pretrial Order due by 4/5/2024., Ready for Trial by 6/10/2024., Final Pretrial Conference set for 5/6/2024 at 02:30 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern.) (Signed by Judge Philip M. Halpern on 2/28/2024) (jca)
February 27, 2024 Opinion or Order Filing 236 ORDER denying 235 Letter Motion to Adjourn Conference. Application denied. The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 235. SO ORDERED. (Signed by Judge Philip M. Halpern on 2/27/2024) (jca)
November 29, 2023 Opinion or Order Filing 219 ORDER terminating 200 Motion in Limine; terminating 203 Motion in Limine. Counsel for all parties appeared for an in-person pretrial conference on November 28, 2023. As discussed on the record, this matter was scheduled for a jury trial on June 10, 2024, and, as of January 4, 2024, the parties are on five days' notice of trial. At the conference, the parties' motions in limine (Doc. 200; Doc. 203) were resolved for the reasons set forth in the record. As explained more fully on the record during the appearance, the Court directs as follows: 1. The parties shall advise the Court in a joint letter filed via ECF, by December 8, 2023, whether they are requesting referral to the Magistrate Judge for a settlement conference. 2. The parties shall meet and confer regarding the Court's directives and instructions regarding changes to the proposed Joint Pretrial Order and file, by January 4, 2024, a revised proposed Joint Pretrial Order. 3. The parties shall meet and confer regarding the Court's directives and instructions regarding changes to the proposed Voir Dire and file, by January 4, 2024, a revised proposed Voir Dire. 4. With respect to the &quo t;proposed instructions" in Section I of the proposed Voir Dire, the parties are directed to meet and confer and file, by January 4, 2024, a single, separate document representing the parties' joint summary of the case. 5. The parties s hall meet and confer regarding changes to the proposed Verdict Sheet and file, by January 4, 2024, a revised proposed Verdict Sheet. 6. The parties shall meet and confer regarding objections in the proposed Jury Instructions and file, by January 4 , 2024, revised proposed Jury Instructions. 7. All of the revised pretrial materials must be filed via ECF and simultaneously e-mailed, in Word format, to Chambers e-mail at HalpernNYSDChambers@nysd.uscourts.gov. 8. A final pretrial confere nce has been scheduled for January 16, 2024 at 9:30 a.m. in Courtroom 520 of the White Plains courthouse. See Transcript. The Clerk of the Court is respectfully directed to terminate the motion sequences pending at Doc. 200 and Doc. 203. SO ORDERED. (Signed by Judge Philip M. Halpern on 11/29/2023) (tg)
October 20, 2023 Opinion or Order Filing 210 ORDER: The Court is in receipt of the motions in limine and materials required by Rules 6(A) and 6(B) of this Court's Individual Practices filed by the parties on October 18, 2023. With respect to the proposed joint pretrial order (Doc. 206) , the parties are directed to remove deposition designations for all witnesses except those for whom the offering party establishes unavailability pursuant to Fed. R. Civ. P. 32(a)(4). The parties are further directed to meet and confer to attempt to resolve the objections to the exhibit lists without the need for Court intervention, and to attempt to agree on any stipulations of fact or law which may be included in the joint pretrial order. The parties shall file a revised proposed joint pretrial order by November 8, 2023 at 5:00 p.m. Additionally, the parties are directed to meet and confer regarding the numerous areas of disagreement in the joint requests to charge (Doc. 207), and file, by November 8, 2023 at 5:00 p.m, revised joint requests to charge. With respect to the "proposed instructions" in Section I of the joint voir dire questions (Doc. 208), the parties are directed to meet and confer and file, by November 8, 2023 at 5:00 p.m, a single, separate doc ument representing the parties' joint summary of the case. Contemporaneous with the filing of the foregoing materials, the parties are directed to submit to Chambers, via email at HalpernNYSDChambers@nysd.uscourts.gov, copies of their Rules 6(A) and 6(B) materials in Word format as set forth in the Court's Individual Practices. The pretrial conference will proceed as scheduled on November 28, 2023 at 2:00 p.m. in Courtroom 520 of the White Plains Courthouse. SO ORDERED (Signed by Judge Philip M. Halpern on 10/20/2023) ( Pretrial Order due by 11/8/2023.) (ks)
September 8, 2023 Opinion or Order Filing 196 ORDER granting 195 Letter Motion to Adjourn Conference. Application granted. The pretrial conference scheduled for October 26, 2023 is hereby rescheduled to November 28, 2023 at 2:00 p.m. in Courtroom 520 of the White Plains Courthouse. The Cler k of Court is respectfully requested to terminate the motion sequences pending at Doc. 195. SO ORDERED. Pretrial Conference set for 11/28/2023 at 02:00 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern. (Signed by Judge Philip M. Halpern on 9/8/2023) (tg)
August 24, 2023 Opinion or Order Filing 194 ORDER granting 193 Letter Motion for Extension of Time to File. Application granted to the extent that the time for the parties to file those materials required by Rules 6(A) and 6(B) of this Court's Individual Practices is extended to Octob er 16, 2023. The pretrial conference scheduled for October 26, 2023 at 12:00 p.m. will proceed as scheduled in Courtroom 520 of the White Plains Courthouse. The Clerk of Court is respectfully directed to terminate the motion sequence pending at Doc. 193. SO ORDERED.. (Signed by Judge Philip M. Halpern on 8/24/2023) (jca)
August 14, 2023 Opinion or Order Filing 192 OPINION AND ORDER re: 178 MOTION for Summary Judgment . filed by Gregoire Jean-Louis, Michelle Russo, Gap, Inc., Banana Republic, LLC, Toni Lynn Borowski. For the foregoing reasons, Defendants' motion for summary judgment is DENIED. The parties are directed to meet and confer and comply with Rules 6(A) and 6(B) of the Courts Individual Practices (rev. June 23, 2023) by filing the documents required therein, which include a joint pretrial order, proposed joint voir dire questions, joint requests to charge, joint verdict form, and motions in limine, on or before September 13, 2023. A pretrial conference has been scheduled for October 26, 2023 at 12:00 p.m. to be held in Courtroom 520 of the White Plains cour thouse. The Clerk of Court is respectfully requested to terminate the motion sequence pending at Doc. 178. SO ORDERED. (Motions due by 9/13/2023., Pretrial Order due by 9/13/2023., Pretrial Conference set for 10/26/2023 at 12:00 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern.) (Signed by Judge Philip M. Halpern on 8/14/2023) (jca)
August 3, 2022 Opinion or Order Filing 169 MEMORANDUM OPINION AND ORDER re: 148 MOTION for Summary Judgment . filed by Gregoire Jean-Louis, Michelle Russo, Gap, Inc., Banana Republic, LLC, Toni Lynn Borowski.For the foregoing reasons, Defendants' motion for summary judgment is DENIED WITHOUT PREJUDICE. Should Defendants elect to re-file their motion for summary judgment, the parties shall meet and confer and file a single, proper, and complete Rule 56.1 statementwhich includes Plaintiffs' responses, Pl aintiffs' counter-statement (to the extent it sets forth needed and additional material facts), and Defendants responses to sameby August 29, 2022. The parties are directed, in advance of that filing, to meet and confer to consider what of De fendants' summary judgment presentation would be admissible at trial, and notify the Court of what, if any, evidentiary objections remain. The resultant Rule 56.1 statement shall comply with all applicable rules and shall be limited to the m aterial facts associated with the claims for relief and defenses sought to be decided on by summary judgment. Upon filing a compliant Rule 56.1 statement, the Court will set an expedited briefing schedule for the filing of a substitute summary jud gment motion. Should the Rule 56.1 statement fail to comply with the governing rules, permission to file a substitute motion will be denied, and the Court will thereafter set a schedule for the filing of all pretrial materials in accordance with R ules 6(A) and 6(B) of the Court's Individual Practices. Should Defendants decline to re-file their motion, the parties shall meet and confer and comply with Rules 6(A) and 6(B) by filing the documents required therein on or before September 30, 2022. The Clerk of Court is respectfully requested to terminate the motion sequence pending at Doc. 148. SO ORDERED. (Signed by Judge Philip M. Halpern on 8/3/2022) (jca)
April 23, 2021 Opinion or Order Filing 126 ORDER granting 125 Letter Motion for Extension of Time to File. Application granted. Defendants' pre-motion letter shall be filed on April 26, 2021; Plaintiff's opposition shall be filed on May 3, 2021. SO ORDERED.. (Signed by Judge Philip M. Halpern on 4/23/2021) (ks)
April 19, 2021 Opinion or Order Filing 124 ORDER granting in part and denying in part 123 Letter Motion for Extension of Time to File. Application granted in part. Defendant's pre-motion letter is due April 23, 2021; Plaintiff's opposition is due April 30, 2021. The parties' request to increase the page limit is denied. The April 29, 2021 conference is adjourned to May 17, 2021 at 12:00 p.m. SO ORDERED.. (Signed by Judge Philip M. Halpern on 4/19/2021) (ks)
February 25, 2021 Opinion or Order Filing 122 ORDER granting 121 Letter Motion for Extension of Time to File. Application granted. In compliance with the Court's Rules, Defendants shall file their pre-motion conference letter as well as a single document representing their Rule 5 6.1 Statement and the opposing party's responses thereto by April 19, 2021. Plaintiffs shall file their opposition letter by April 26, 2021. The Court shall hold a pre-motion conference on April 29, 2021 at 10:00 a.m. At the time of the scheduled conference all parties shall call (888) 398-2342; access code: 3456831. The Clerk is directed to terminate ECF No. 121. SO ORDERED.. (Signed by Judge Philip M. Halpern on 2/25/2021) (ks)
January 5, 2021 Opinion or Order Filing 113 ORDER granting 112 CONSENT LETTER MOTION to Adjourn Conference currently scheduled for January 12, 2021. Application granted. The conference scheduled for January 12, 2021 is adjourned until January 26, 2021 at 9:30 a.m. At the time of the sche duled conference all parties shall call (888) 398-2342; access code: 3456831. The Clerk is instructed to terminate ECF No. 12. SO ORDERED. Telephone Conference set for 1/26/2021 at 09:30 AM before Judge Philip M. Halpern. (Signed by Judge Philip M. Halpern on 1/5/2021) (jca)
October 9, 2020 Opinion or Order Filing 104 MEMORANDUM OPINION AND ORDER re: 92 MOTION to Set Aside August 17, 2020 Discovery Order pursuant to Rule 72(a). filed by Lacrena Taylor, Desa Emanuel. Plaintiffs' request that the Court overrule Magistrate Judge Smith's Order is DENIED. The Clerk is instructed to terminate the pending Motion (Doc. 92). SO ORDERED. (Signed by Judge Philip M. Halpern on 10/9/2020) (ks)
March 11, 2020 Opinion or Order Filing 56 RE-SCHEDULING NOTICE: Due to directives provided by the Chief Judge of the United States District Court for the Southern District New York to limit in-person court appearances due to the risk presented by COVID-19, the matter of Emanuel, et al . v. Gap, Inc., et al., 19-cv-3617 (KMK) (LMS) has been re-scheduled from an in-person status conference on Thursday, March 26, 2020, at 12:00 PM, before the Hon. Lisa Margaret Smith, United States Magistrate Judge, to a telephonic status con ference on Thursday, March 26, 2020, at 12:00 PM. Plaintiff's counsel is to have Defendant's counsel on the line when contacting Chambers. ( Telephone Conference set for 3/26/2020 at 12:00 PM before Magistrate Judge Lisa Margaret Smith.) (Signed by Magistrate Judge Lisa Margaret Smith on 3/11/2020) (mro)
February 13, 2020 Opinion or Order Filing 45 STIPULATION AND ORDER REGARDING CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material...SO Ordered. (Signed by Judge Kenneth M. Karas on 2/12/2020) (rro)
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