Davenport Bliss v. Restaurant Brands International, Inc. et al
| Victoria Davenport Bliss |
| Tim Hortons, Ninety Rock Management Inc. and Restaurant Brands International, Inc. |
| 6:2019cv06437 |
| June 17, 2019 |
| US District Court for the Western District of New York |
| Frank P Geraci |
| Civil Rights: Jobs |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 16, 2019. A more recent docket listing may be available from PACER.
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| Filing 17 TEXT ORDER granting #16 Motion for Extension of Time to Answer. Defendants Restaurant Brands International, Inc. and Tim Hortons now have until 8/19/2019 to respond to the Complaint. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 8/12/2019. A copy of this Text Order was mailed to Plaintiff. (AFM) |
| Filing 16 MOTION for Extension of Time to File Answer MOTION FOR EXTENSION OF TIME TO ANSWER, MOVE, OR OTHERWISE RESPOND TO THE COMPLAINT UNTIL AUGUST 19, 2019 by Restaurant Brands International, Inc., Tim Hortons.(Winters, Kristi) |
| Summons Reissued as to Restaurant Brands International, Inc.. (BK) |
Filing 15
SCHEDULING ORDER: Plaintiff has until August 30, 2019 to respond to Defendant Ninety Rock Management, LLC's #14 Motion to Dismiss the Amended Complaint. Defendant may file reply papers within 15 days after Plaintiff files responding papers. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 7/29/2019. A copy of the NEF and Scheduling Order were mailed to Plaintiff. (AFM)
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| Filing 14 MOTION to Dismiss the Amended Complaint by Ninety Rock Management Inc.. Responses due by 8/12/2019. (Attachments: #1 Memorandum in Support, #2 Declaration Mary Lytle, #3 Declaration Katherine McClung, Esq., #4 Certificate of Service)(McClung, Katherine) |
| Filing 13 Corporate Disclosure Statement by Tim Hortons identifying Corporate Parent SBFD, LLC for Tim Hortons.. (Winters, Kristi) |
| Filing 12 Corporate Disclosure Statement by Restaurant Brands International, Inc.. (Winters, Kristi) |
| E-Filing Notification: RE #10 AMENDED COMPLAINT against All Defendants, filed by Victoria Davenport Bliss. Modified on 7/18/2019 pursuant to 11 Text Order. (BK) |
| Filing 11 TEXT ORDER: On 7/9/2019, Defendant Ninety Rock Management, Inc. filed a #6 Motion to Dismiss the Complaint under Federal Rule of Civil Procedure 12(b) in lieu of filing an answer. On 7/15/2019, Plaintiff filed an #10 Amended Complaint, which is permitted under Rule 15(a). An amended complaint supersedes the original and renders it of no legal effect. Shields v. Citytrust Bancorp, Inc., 25 F.3d 1124, 1128 (2d Cir. 1994) (citation omitted). Accordingly, because the original complaint is no longer operative, Defendant's #6 Motion to Dismiss is DENIED AS MOOT. The Clerk of Court is directed to update Docket Entry # 10 to read "Amended Complaint" instead of "Proposed Amended Complaint." SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 7/17/2019. A copy of this Text Order has been mailed to Plaintiff. (AFM)-CLERK TO FOLLOW UP- |
| Filing 10 AMENDED COMPLAINT against All Defendants, filed by Victoria Davenport Bliss. Modified on 7/18/2019. (BK) |
| Filing 9 RESPONSE in Opposition to #6 MOTION to Dismiss filed by Victoria Davenport Bliss. (BK) |
| ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed.R.Civ.7.1(b) are to be filed within seven(7) days of this notice. (MD) |
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Filing 8
SCHEDULING ORDER: Plaintiff has until August 9, 2019 to respond to Defendant Ninety Rock Management, LLC's #6 Motion to Dismiss. Defendant may file reply papers within 15 days after Plaintiff files responding papers. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 7/9/2019. A copy of the NEF and Scheduling Order have been mailed to Plaintiff. (AFM)
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| Filing 7 Corporate Disclosure Statement by Ninety Rock Management Inc.. (Attachments: #1 Certificate of Service by mail on pro se plaintiff)(McClung, Katherine) |
| Filing 6 MOTION to Dismiss by Ninety Rock Management Inc.. (Attachments: #1 Declaration of Katherine McClung, Esq. with exhibits, #2 Declaration of Mary Lytle with exhibit, #3 Memorandum in Support, #4 Certificate of Service by mail on pro se plaintiff)(McClung, Katherine) |
| Filing 5 TEXT ORDER granting #4 Motion for Extension of Time to Answer. Defendants Restaurant Brands International, Inc. and Tim Hortons now have until 8/12/2019 to respond to the Complaint. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 7/3/2019. A copy of this Text Order has been mailed to Plaintiff. (AFM) |
| Filing 4 MOTION for Extension of Time to File Answer MOTION FOR EXTENSION OF TIME TO ANSWER, MOVE, OR OTHERWISE RESPOND TO THE COMPLAINT UNTIL AUGUST 12, 2019 by Restaurant Brands International, Inc., Tim Hortons.(Winters, Kristi) |
| Filing 3 NOTICE of Appearance by Kristi Rich Winters on behalf of Restaurant Brands International, Inc., Tim Hortons (Winters, Kristi) |
| Filing 2 SUMMONS Returned Executed by Victoria Davenport Bliss. Ninety Rock Management Inc. served on 6/21/2019, answer due 7/12/2019; Restaurant Brands International, Inc. served on 6/18/2019, answer due 7/9/2019; Tim Hortons served on 6/21/2019, answer due 7/12/2019. (BK) |
| Filing 1 COMPLAINT against All Defendants, filed by Victoria Davenport Bliss. (BK) |
| Filing fee: $400.00, receipt number ROC011508. (BK) |
| Summons Issued as to All Defendants and given to the Plaintiff for service at case opening. (BK) |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. The Privacy notice, Consent to Proceed before a Magistrate Judge, Pro Se Assistance Program Information, Civil Case Timeline and ADR Notification have been given to the Plaintiff at case opening. (BK) |
| AUTOMATIC REFERRAL to Mediation. The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution. (BK) |
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