Ramos v. Apple Inc.
| Raven Ramos, Jeffrey McNeill and Tyler O'Neal |
| Apple Inc. |
| 7:2022cv02761 |
| April 4, 2022 |
| US District Court for the Southern District of New York |
| Nelson Stephen Roman |
| Labor: Other |
| 28 U.S.C. § 1332 lr Diversity - Labor |
| Both |
Docket Report
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This docket was last retrieved on December 15, 2023. A more recent docket listing may be available from PACER.
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Filing 50
RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Jeffrey McNeill, Tyler O'Neal, Raven Ramos..(Kopel, Yitzchak)
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Filing 49
ANSWER to #16 Amended Complaint with JURY DEMAND. Document filed by Apple Inc...(Brecher, Jeffrey)
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Filing 48
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Apple Inc...(Brecher, Jeffrey)
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Filing 47
OPINION & ORDER re: #22 MOTION to Dismiss . filed by Apple Inc. Defendant's motions to dismiss and strike class allegations are DENIED. The Court waives the Initial Pre-trial Conference and directs the parties to jointly complete a Case Management Plan and Scheduling Order (blank form attached hereto). Said Scheduling Order shall be filed by September 27, 2023. After review and approval of the Scheduling Order, the Court will issue an Order of Reference to Magistrate Judge Judith C. McCarthy for general pretrial purposes. The parties are directed to contact Judge McCarthy within seven (7) business days of the date of the Order of Reference to schedule a conference. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 22. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 9/6/2023) (rro)
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Filing 46
NOTICE of Supplemental Authority. Document filed by Jeffrey McNeill, Tyler O'Neal, Raven Ramos..(Kopel, Yitzchak)
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Filing 45
LETTER addressed to Judge Nelson Stephen Roman from Jeffrey W. Brecher dated June 2, 2023 re: Plaintiff's Supplemental Authority. Document filed by Apple Inc...(Brecher, Jeffrey)
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Filing 44
NOTICE of Supplemental Authority. Document filed by Jeffrey McNeill, Tyler O'Neal, Raven Ramos..(Kopel, Yitzchak)
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Filing 43
NOTICE of Supplemental Authority. Document filed by Jeffrey McNeill, Tyler O'Neal, Raven Ramos..(Kopel, Yitzchak)
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Filing 42
LETTER addressed to Judge Nelson Stephen Roman from Jeffrey W. Brecher dated April 27, 2023 re: potential supplemental authority. Document filed by Apple Inc...(Brecher, Jeffrey)
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Filing 41
NOTICE of Supplemental Authority re: Defendant's Motion to Dismiss. Document filed by Jeffrey McNeill, Tyler O'Neal, Raven Ramos. (Attachments: #1 Exhibit A - Miner-Vargas v. Wal-Mart).(Kopel, Yitzchak)
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Filing 40
NOTICE of Supplemental Authority re: Defendant's Motion to Dismiss. Document filed by Jeffrey McNeill, Tyler O'Neal, Raven Ramos. (Attachments: #1 Exhibit A - R&R re MTD, #2 Exhibit B - Decision and Order).(Kopel, Yitzchak)
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Filing 39
MEMO ENDORSEMENT granting #38 Motion to Withdraw as Attorney. ENDORSEMENT: Deft's request for Pietro Deserio to withdraw as counsel of record is GRANTED. Clerk of Court is requested to terminate the motion at ECF No. 38. SO ORDERED. Attorney Pietro Antonio Deserio terminated. (Signed by Judge Nelson Stephen Roman on 2/10/2023) (tg)
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Filing 38
MOTION for Pietro Deserio to Withdraw as Attorney (from Court docket). Document filed by Apple Inc...(Brecher, Jeffrey)
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Filing 37
NOTICE of Defendant's Third Notice of Supplemental Authority. Document filed by Apple Inc...(Brecher, Jeffrey)
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Filing 36
LETTER addressed to Judge Nelson Stephen Roman from Jeffrey W. Brecher, Esq. dated December 16, 2022 re: response to Plaintiff's Notices of Supplemental Authorities [ECF Nos. 34-35]. Document filed by Apple Inc...(Brecher, Jeffrey)
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Filing 35
NOTICE of Supplemental Authority re: Defendant's Motion to Dismiss. Document filed by Jeffrey McNeill, Tyler O'Neal, Raven Ramos. (Attachments: #1 Exhibit A - Icon Burger MTD Order, #2 Exhibit B - AutoZoners MTD Order).(Kopel, Yitzchak)
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Filing 34
NOTICE of of Supplemental Authority re: Defendant's Motion to Dismiss. Document filed by Jeffrey McNeill, Tyler O'Neal, Raven Ramos. (Attachments: #1 Exhibit A - Rath v. Jo-Ann Stores, #2 Exhibit B - Bemejo v. Shaker Contractors).(Kopel, Yitzchak)
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Filing 33
NOTICE of Defendant's Second Notice of Supplemental Authority. Document filed by Apple Inc...(Brecher, Jeffrey)
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Filing 32
RESPONSE re: #31 Notice (Other) Plaintiffs' Response to Defendant's Notice of Supp. Authority (ECF No. 31). Document filed by Jeffrey McNeill, Tyler O'Neal, Raven Ramos..(Kopel, Yitzchak)
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Filing 31
NOTICE of Defendant's Notice of Supplemental Authority. Document filed by Apple Inc...(Brecher, Jeffrey)
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Filing 30
NOTICE of of Supplemental Authority re: Defendant's Motion to Dismiss. Document filed by Jeffrey McNeill, Tyler O'Neal, Raven Ramos. (Attachments: #1 Exhibit A - Levy v. Endeavor MTD Order).(Kopel, Yitzchak)
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Filing 29
NOTICE of of Supplemental Authority re: Defendant's Motion to Dismiss. Document filed by Jeffrey McNeill, Tyler O'Neal, Raven Ramos. (Attachments: #1 Exhibit A - Gordon v. Bluetriton, Order Denying Motion to Dismiss, #2 Exhibit B - Transcript of Proceedings).(Kopel, Yitzchak)
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Filing 28
REPLY MEMORANDUM OF LAW in Support re: #22 MOTION to Dismiss . . Document filed by Apple Inc...(Brecher, Jeffrey)
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Filing 27
REPLY AFFIRMATION of Jeffrey W. Brecher, Esq. in Support re: #22 MOTION to Dismiss .. Document filed by Apple Inc.. (Attachments: #1 Exhibit 31, #2 Exhibit part 2 of 31-34).(Brecher, Jeffrey)
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Filing 26
MEMORANDUM OF LAW in Opposition re: #22 MOTION to Dismiss . . Document filed by Apple Inc...(Brecher, Jeffrey)
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Filing 25
DECLARATION of Yitzchak Kopel, Esq. in Opposition re: #22 MOTION to Dismiss .. Document filed by Apple Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7).(Brecher, Jeffrey)
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Filing 24
MEMORANDUM OF LAW in Support re: #22 MOTION to Dismiss . . Document filed by Apple Inc...(Brecher, Jeffrey)
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Filing 23
DECLARATION of Jeffrey W. Brecher, Esq. in Support re: #22 MOTION to Dismiss .. Document filed by Apple Inc.. (Attachments: #1 Exhibit 1-14, #2 Exhibit 15-26, #3 Exhibit 27-28, #4 Exhibit 29, #5 Exhibit 30).(Brecher, Jeffrey)
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Filing 22
MOTION to Dismiss . Document filed by Apple Inc...(Brecher, Jeffrey)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Jeffrey W. Brecher to RE-FILE Document #21 MOTION to Dismiss . ERROR(S): Supporting documents are filed separately, each receiving their own document #. (db)
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Filing 21
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss . Document filed by Apple Inc.. (Attachments: #1 Affidavit Attorney Declaration, #2 Exhibit Exs 1-14 to Dec, #3 Exhibit Ex 15-26 to Dec, #4 Exhibit Ex 27-28 to Dec, #5 Exhibit Ex 29 to Dec, #6 Exhibit Ex 30 to Dec, #7 Exhibit Defendant's Memo of Law, #8 Affidavit Plaintiff's Declaration, #9 Exhibit Ex 1, #10 Exhibit Ex 2, #11 Exhibit Ex 3, #12 Exhibit Ex 4, #13 Exhibit Ex 5, #14 Exhibit Ex 6, #15 Exhibit Ex 7, #16 Supplement Plaintiff's Memo of Law in Opposition, #17 Affidavit Defendant's Supplemental Declaration, #18 Exhibit Ex (part 1) 31-24, #19 Exhibit Ex (part 2) 31-34, #20 Supplement Defendant's Reply Memo of Law).(Brecher, Jeffrey) Modified on 10/24/2022 (db).
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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 Nelson Stephen Roman from Jeffrey W. Brecher, Esq. dated September 28, 2022. LETTER MOTION for Leave to File Excess Pages addressed to Judge Nelson Stephen Roman from Jeffrey W. Brecher, Esq. dated September 28, 2022. ; granting in part denying in part #19 Letter Motion for Leave to File Excess Pages. Defendant's request for a one-week extension, with Plaintiffs' consent, is GRANTED. Defendant's reply papers shall be served on October 17, 2022 and all motion papers shall be filed on October 17, 2022. Defendant's request for a page extension for the reply papers, opposed by Plaintiffs, is GRANTED IN PART. Defendant may file reply papers of up to 15 pages. The Clerk of Court is kindly directed to terminate the motion at ECF No. 19.. (Signed by Judge Nelson Stephen Roman on 9/29/2022) (ate) Modified on 9/29/2022 (ate).
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Set/Reset Deadlines: Motions due by 10/17/2022. (ate)
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Filing 19
LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Nelson Stephen Roman from Jeffrey W. Brecher, Esq. dated September 28, 2022., LETTER MOTION for Leave to File Excess Pages addressed to Judge Nelson Stephen Roman from Jeffrey W. Brecher, Esq. dated September 28, 2022. Document filed by Apple Inc...(Brecher, Jeffrey)
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Filing 18
ORDER terminating #17 Letter Motion for Conference re: #17 LETTER MOTION for Conference (request for pre-motion conference prior to filing motion to dismiss First Amended Complaint) addressed to Judge Nelson Stephen Roman from Jeffrey W. Brecher, Esq. dated July 21, 2022. The Court is in receipt of the attached letter motion from Defendant Apple Inc., dated July 21, 2022, seeking leave to file a motion to dismiss the First Amended Complaint and for an enlargement of the page limit for the brief to up to 40 pages. The Court waives the pre-motion conference requirement and grants Defendant leave to file a motion to dismiss in accordance with the following briefing schedule: (1) Defendant's moving papers are to be served (not filed) on August 24, 2022; (2) Plaintiffs' opposition papers are to be served (not filed) on September 23, 2022; and (3) Defendant's reply papers are to be served on October 10, 2022. The Court grants an extension for both Defendant's and Plaintiffs' briefs of up to 30 pages only. All motion papers are to be filed by the parties on the reply date, October 10, 2022. The parties are directed to provide Chambers with two physical courtesy copies of their motion papers on the same date they are served on opposing counsel. The parties are further directed to provide the Court with an electronic courtesy copy of the motion papers as they are served per this Court's local emergency civil rules. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 17. (Signed by Judge Nelson Stephen Roman on 7/25/2022) (ate)
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Set/Reset Deadlines: Motions due by 10/10/2022. (ate)
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Filing 17
LETTER MOTION for Conference (request for pre-motion conference prior to filing motion to dismiss First Amended Complaint) addressed to Judge Nelson Stephen Roman from Jeffrey W. Brecher, Esq. dated July 21, 2022. Document filed by Apple Inc...(Brecher, Jeffrey)
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Filing 16
FIRST AMENDED COMPLAINT amending #1 Complaint against Apple Inc. with JURY DEMAND.Document filed by Raven Ramos, Jeffrey McNeill, Tyler O'Neal. Related document: #1 Complaint..(Kopel, Yitzchak)
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Set/Reset Deadlines: Amended Pleadings due by 7/7/2022. (ate)
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Filing 15
ORDER denying as moot #13 Letter Motion for Conference re: #13 LETTER MOTION for Conference (Pre-Motion Conference) addressed to Judge Nelson Stephen Roman from Jeffrey W. Brecher dated June 13, 2022. LETTER MOTION for Leave to File Excess Pages (to 40 pages) addressed to Judge Nelson Stephen Roman from Jeffrey W. Brecher dated June 13, 2022. ; denying as moot #13 Letter Motion for Leave to File Excess Pages. Plaintiff's request to amend her complaint, with Defendant's consent, is GRANTED. Plaintiff shall have until July 7, 2022 to filed an amended complaint. Defendant's premotion conference letter is DENIED as moot. The Clerk of Court is kindly directed to terminate the motion at ECF No. 13. (Signed by Judge Nelson Stephen Roman on 6/17/2022) (ate)
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Filing 14
LETTER RESPONSE to Motion addressed to Judge Nelson Stephen Roman from Yitzchak Kopel dated June 16, 2022 re: #13 LETTER MOTION for Conference (Pre-Motion Conference) addressed to Judge Nelson Stephen Roman from Jeffrey W. Brecher dated June 13, 2022. LETTER MOTION for Leave to File Excess Pages (to 40 pages) addressed to Judge Nelson Stephen Roman from Jeffrey W. Brecher dated June 13, 2022. . Document filed by Raven Ramos..(Kopel, Yitzchak)
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Filing 13
LETTER MOTION for Conference (Pre-Motion Conference) addressed to Judge Nelson Stephen Roman from Jeffrey W. Brecher dated June 13, 2022., LETTER MOTION for Leave to File Excess Pages (to 40 pages) addressed to Judge Nelson Stephen Roman from Jeffrey W. Brecher dated June 13, 2022.( Return Date set for 6/21/2022 at 05:00 PM.) Document filed by Apple Inc...(Brecher, Jeffrey)
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Filing 12
ORDER granting #11 Letter Motion for Extension of Time to Answer re #11 SECOND LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Nelson Stephen Roman from Jeffrey W. Brecher, Esq. dated May 12, 2022., #1 Complaint. Defendant's request for an extension, with Plaintiff's consent, is GRANTED. Defendant shall respond to the Complaint by June 17, 2022. This the FINAL extension, no other extensions on Defendant's deadline to respond to the complaint will be entertained. The Clerk of Court is kindly directed to terminate the motion at ECF No. 11. Apple Inc. answer due 6/17/2022. (Signed by Judge Nelson Stephen Roman on 5/12/2022) (ate)
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Filing 11
SECOND LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Nelson Stephen Roman from Jeffrey W. Brecher, Esq. dated May 12, 2022. Document filed by Apple Inc.. Return Date set for 6/17/2022 at 05:00 PM..(Brecher, Jeffrey)
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Filing 10
NOTICE OF APPEARANCE by Pietro Antonio Deserio on behalf of Apple Inc...(Deserio, Pietro)
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Filing 9
NOTICE OF APPEARANCE by Kathryn Jill Barry on behalf of Apple Inc...(Barry, Kathryn)
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Filing 8
ORDER granting #7 Letter Motion for Extension of Time to Answer re #7 MOTION for Extension of Time to File Answer re: #1 Complaint ., #1 Complaint. The Court GRANTS Defendant's request for an extension to respond to the Complaint. Defendant shall have until May 18, 2022 to respond. To the extent Defendant intends to respond through motion practice, it is advised to consult this Court's local rules and comply with the requirement to submit a premotion conference letter. The Clerk of Court is directed to terminate the motion at ECF No. 7. Apple Inc. answer due 5/18/2022. (Signed by Judge Nelson Stephen Roman on 4/22/2022) (ate)
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Filing 7
MOTION for Extension of Time to File Answer re: #1 Complaint . Document filed by Apple Inc.. Return Date set for 5/18/2022 at 05:00 PM..(Brecher, Jeffrey)
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Filing 6
NOTICE OF APPEARANCE by Jeffrey W. Brecher on behalf of Apple Inc...(Brecher, Jeffrey)
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Filing 5
SUMMONS RETURNED EXECUTED Summons and Complaint served. Apple Inc. served on 4/6/2022, answer due 4/27/2022. Document filed by Raven Ramos..(Kopel, Yitzchak)
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Filing 4
ELECTRONIC SUMMONS ISSUED as to Apple Inc.. (vf)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Nelson Stephen Roman. 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)
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Magistrate Judge Judith C. McCarthy 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)
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Case Designated ECF. (vf)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Apple Inc., re: #1 Complaint. Document filed by Raven Ramos..(Kopel, Yitzchak)
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Filing 2
CIVIL COVER SHEET filed..(Kopel, Yitzchak)
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Filing 1
COMPLAINT against Apple Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25957094)Document filed by Raven Ramos..(Kopel, Yitzchak)
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