Diaz v. The Kroger Co.

New York Southern District Court
Judge:Katherine Polk Failla
Case #: 1:18-cv-07953
Nature of Suit446 Civil Rights - Amer w/Disabilities - Other
Cause28:1331 Fed. Question
Case Filed:Aug 30, 2018
Terminated:Jun 05, 2019
Last checked: Tuesday Feb 26, 2019 4:05 AM EST
Defendant
The Kroger Co.
Represented By
Michael Jay Glidden
contact info
Plaintiff
Edwin Diaz
Represented By
Daniel Chaim Cohen
Cohen & Mizrahi LLP
contact info
Joseph H Mizrahi
Cohen & Mizrahi LLP
contact info


Docket last updated: 11/19/2025 11:59 PM EST
Monday, January 10, 2022
37 37 misc Internet Citation Mon 01/10 9:20 AM
INTERNET CITATION NOTE: Material from decision with Internet citation re:35 Memorandum & Opinion. (sjo)
Related: [-]
Wednesday, June 05, 2019
36 36 order Judgment - Clerk Wed 06/05 3:07 PM
CLERK'S JUDGMENT re:35 Memorandum & Opinion. in favor of The Kroger Co. against Edwin Diaz. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated June 4, 2019, the Defendant's motion to dismiss is granted; accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 06/05/2019)(dt)
Related: [-]
Att: 1 Notice of Right to Appeal
Tuesday, June 04, 2019
35 35 18 pgs order Memorandum & Opinion Tue 06/04 8:50 AM
OPINION AND ORDER re:21 FIRST MOTION to Dismiss for Lack of Jurisdiction filed by The Kroger Co. For the reasons stated in this Opinion, the Defendants motion to dismiss is GRANTED. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. (Signed by Judge Katherine Polk Failla on 6/4/2019) (mro)
Related: [-]
Tuesday, March 12, 2019
34 34 misc Letter Tue 03/12 5:25 PM
LETTER addressed to Judge Katherine Polk Failla from Joseph H. Mizrahi dated March 12, 2019 re: Plaintiff's Opposition. Document filed by Edwin Diaz.(Mizrahi, Joseph)
Related: [-]
Att: 1 Exhibit A
33 33 order Memo Endorsement Tue 03/12 10:44 AM
MEMO ENDORSEMENT on re:32 Letter filed by The Kroger Co. ENDORSEMENT: The Court is in receipt of Defendant's request for oral argument concerning its Motion to Dismiss. If the Court determines that oral argument would be useful, it will promptly reach out to the parties. SO ORDERED. (Signed by Judge Katherine Polk Failla on 3/12/2019) (rro)
Related: [-]
Monday, March 11, 2019
32 32 misc Letter Mon 03/11 3:39 PM
FIRST LETTER addressed to Judge Katherine Polk Failla from Michael J. Glidden dated 03/11/2019 re: Request for Oral Argument on Defendant's Motion to Dismiss. Document filed by The Kroger Co..(Glidden, Michael)
Related: [-]
31 31 9 pgs respm Memorandum of Law in Support of Motion Mon 03/11 3:29 PM
SECOND MEMORANDUM OF LAW in Support re:21 FIRST MOTION to Dismiss for Lack of Jurisdiction . . Document filed by The Kroger Co.. (Glidden, Michael)
Related: [-]
Monday, March 04, 2019
30 30 24 pgs respm Memorandum of Law in Opposition to Motion Mon 03/04 11:56 PM
MEMORANDUM OF LAW in Opposition re:21 FIRST MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Edwin Diaz. (Mizrahi, Joseph)
Related: [-]
Friday, March 01, 2019
29 29 4 pgs order Order on Motion for Extension of Time to File Response/Reply Fri 03/01 1:20 PM
ORDER granting27 Letter Motion for Extension of Time to File Response/Reply re21 FIRST MOTION to Dismiss for Lack of Jurisdiction Responses due by 3/4/2019. Defendant's motion to strike is GRANTED. However, the Court permits the filing of an amended brief from Plaintiff by March 4, 2019. The Court will be attentive to further misunderstandings by Plaintiff's counsel, and will act accordingly if any more arise. SO ORDERED. (Signed by Judge Katherine Polk Failla on 3/1/2019) (rro)
Related: [-]
28 28 respm Response in Opposition to Motion Fri 03/01 11:38 AM
LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Joseph H. Mizrahi dated March 1, 2019 re:27 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to23 Affidavit in Support of Motion,22 Memorandum of Law in Support of Motion, 24 Response in Opposition to Motion,21 FIRST MOTION to Dismiss for Lack of Jurisdict . Document filed by Edwin Diaz. (Mizrahi, Joseph)
Related: [-]
Thursday, February 28, 2019
27 27 motion Extension of Time to File Response/Reply Thu 02/28 10:49 AM
FIRST LETTER MOTION for Extension of Time to File Response/Reply as to23 Affidavit in Support of Motion,22 Memorandum of Law in Support of Motion,24 Response in Opposition to Motion,21 FIRST MOTION to Dismiss for Lack of Jurisdiction . Regarding sanctions addressed to Judge Katherine Polk Failla from Michael J. Glidden dated 02/28/2019. Document filed by The Kroger Co..(Glidden, Michael)
Related: [-]
Att: 1 Exhibit A-Email correspondence between parties counsel
26 26 1 pgs order Order on Motion for Extension of Time to File Response/Reply Thu 02/28 10:45 AM
ORDER granting25 Letter Motion for Extension of Time to File Response/Reply re21 FIRST MOTION to Dismiss for Lack of Jurisdiction. Responses due by 3/4/2019. Replies due by 3/18/2019. Application GRANTED. SO ORDERED. (Signed by Judge Katherine Polk Failla on 2/27/2019) (rro)
Related: [-]
Wednesday, February 27, 2019
25 25 motion Extension of Time to File Response/Reply Wed 02/27 5:16 PM
CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to24 Response in Opposition to Motion addressed to Judge Katherine Polk Failla from Joseph H. Mizrahi dated February 27, 2019. Document filed by Edwin Diaz.(Mizrahi, Joseph)
Related: [-]
Tuesday, February 19, 2019
24 24 respm Response in Opposition to Motion Tue 02/19 11:59 PM
RESPONSE in Opposition to Motion re:21 FIRST MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Edwin Diaz. (Mizrahi, Joseph)
Related: [-]
misc Note Regarding Stricken Document Fri 03/01 1:22 PM
***STRICKEN DOCUMENT. Deleted document number 24 from the case record. The document was stricken from this case pursuant to 29 Order on Motion for Extension of Time to File Response/Reply. (rro)
Related: [-]
Thursday, February 07, 2019
23 23 respm Affidavit in Support of Motion Thu 02/07 2:11 PM
AFFIDAVIT of Andrew Whiting in Support re:21 FIRST MOTION to Dismiss for Lack of Jurisdiction .. Document filed by The Kroger Co..(Glidden, Michael)
Related: [-]
Att: 1 Exhibit A- Print out from Kroger website regarding store location
22 22 27 pgs respm Memorandum of Law in Support of Motion Thu 02/07 2:06 PM
FIRST MEMORANDUM OF LAW in Support re:21 FIRST MOTION to Dismiss for Lack of Jurisdiction . . Document filed by The Kroger Co.. (Glidden, Michael)
Related: [-]
21 21 motion Dismiss/Lack of Jurisdiction Thu 02/07 2:02 PM
FIRST MOTION to Dismiss for Lack of Jurisdiction . Document filed by The Kroger Co.. Responses due by 2/18/2019 Return Date set for 3/4/2019 at 10:00 AM.(Glidden, Michael)
Related: [-]
20 20 respm Affidavit in Support of Motion Thu 02/07 10:54 AM
FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of Andrew Whiting in Support re:19 FIRST MOTION to Dismiss for Lack of Jurisdiction . Document filed by The Kroger Co.(Glidden, Michael) Modified on 2/7/2019 (db)
Related: [-]
Att: 1 Exhibit A- Print out from Kroger website regarding store location
19 19 motion Dismiss/Lack of Jurisdiction Thu 02/07 10:45 AM
FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Dismiss for Lack of Jurisdiction . Document filed by The Kroger Co.. Responses due by 2/18/2019 Return Date set for 3/4/2019 at 10:00 AM.(Glidden, Michael) Modified on 2/7/2019 (db)
Related: [-]
misc Notice to Attorney to Re-File Document - Deficient Docket Entry Error Thu 02/07 1:11 PM
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Michael Jay Glidden to RE-FILE Document 19 FIRST MOTION to Dismiss for Lack of Jurisdiction . ERROR(S): Supporting Documents are filed separately, each receiving their own document #'s. First refile Motion, then refile the Memorandum in Support separately (NOT AS AN ATTACHMENT), and link it to the Motion. (db)
Related: [-]
misc Notice to Attorney to Re-File Document - Deficient Docket Entry Error Thu 02/07 1:13 PM
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Michael Jay Glidden to RE-FILE Document 18 Affidavit in Support of Motion, 20 Affidavit in Support of Motion. ERROR(S): Document(s) linked to filing error. (db)
Related: [-]
Wednesday, February 06, 2019
18 18 respm Affidavit in Support of Motion Wed 02/06 5:40 PM
AFFIDAVIT of Andrew Whiting in Support re:17 FIRST MOTION to Dismiss for Lack of Jurisdiction .. Document filed by The Kroger Co.. (Glidden, Michael)
Related: [-]
misc Notice to Attorney to Re-File Document - Deficient Docket Entry Error Wed 02/06 3:29 PM
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Michael Jay Glidden to RE-FILE Document 17 FIRST MOTION to Dismiss for Lack of Jurisdiction . ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Affidavit in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi)
Related: [-]
Friday, January 18, 2019
17 17 29 pgs motion Dismiss/Lack of Jurisdiction Fri 01/18 2:21 PM
FIRST MOTION to Dismiss for Lack of Jurisdiction . Document filed by The Kroger Co.. Responses due by 2/18/2019 Return Date set for 3/4/2019 at 10:00 AM.(Glidden, Michael)
Related: [-]
Att: 1 4 pgs Exhibit 1 - Affidavit of Andrew Whiting,
Att: 2 Exhibit A - Print out from Kroger website regarding store location
Monday, November 26, 2018
16 16 order Memo Endorsement ~Util - Set Deadlines Mon 11/26 4:44 PM
MEMO ENDORSEMENT on re:15 Letter filed by The Kroger Co. ENDORSEMENT: Application GRANTED. Defendant is directed to submit their motion to dismiss no later than January 21, 2019. Plaintiff's opposition shall be due no later than February 18, 2019. Defendant's reply shall be due no later than March 4, 2019. SO ORDERED. (Motions due by 1/21/2019., Responses due by 2/18/2019, Replies due by 3/4/2019.) (Signed by Judge Katherine Polk Failla on 11/26/2018) (rro)
Related: [-]
15 15 1 pgs misc Letter Mon 11/26 1:28 PM
FIRST LETTER addressed to Judge Katherine Polk Failla from Michael J. Glidden dated 11/26/2018 re: Notice of Intention to Move to Dismiss. Document filed by The Kroger Co..(Glidden, Michael)
Related: [-]
Friday, November 09, 2018
14 14 cmp Amended Complaint Fri 11/09 3:55 PM
FIRST AMENDED COMPLAINT amending1 Complaint against The Kroger Co. with JURY DEMAND.Document filed by Edwin Diaz. Related document:1 Complaint.(Mizrahi, Joseph)
Related: [-]
Wednesday, October 31, 2018
13 13 notice Notice of Appearance Wed 10/31 12:22 AM
NOTICE OF APPEARANCE by Daniel Chaim Cohen on behalf of Edwin Diaz. (Cohen, Daniel)
Related: [-]
minutes Pretrial Conference - Initial ~Util - Set Deadlines Fri 11/02 11:04 AM
Minute Entry for proceedings held before Judge Katherine Polk Failla: Initial Pretrial and Pre-Motion Conference held on 10/31/2018. Attorney Daniel Cohen representing Plaintiff present. Attorney Michael Jay Glidden representing Defendant present. Plaintiff to file an Amended Complaint by 11/9/2018. Defendant to submit letter by 11/26/2018, responding whether Defendant will answer the Amended Complaint or file its motion. (Amended Pleadings due by 11/9/2018.) (Court Reporter Paula Speer) (tn)
Related: [-]
Wednesday, October 10, 2018
12 12 order Memo Endorsement ~Util - Set Hearings 1 - Terminate Hearings Thu 10/11 11:28 AM
MEMO ENDORSEMENT on re:11 Response filed by Edwin Diaz. ENDORSEMENT: Application GRANTED. The Court is in receipt of Defendant's letter requesting a pre-motion conference, dated September 27, 2018, as well as Plaintiff's reply thereto, dated October 10, 2018. (Dkt. #8, 11). The Court finds that a pre-motion conference is warranted. Accordingly, the parties are hereby ORDERED to appear for said conference on October 31, 2018, at 11:00 a.m., in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. The initial pretrial conference in this matter, originally scheduled for November 29, 2018, is hereby ADJOURNED sine die. SO ORDERED. (Pre-Motion Conference set for 10/31/2018 at 11:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 10/10/2018) (rro)
Related: [-]
11 11 3 pgs respoth Response (non-motion) Wed 10/10 5:24 PM
FIRST RESPONSE re:8 Letter for Pre Motion Conference . Document filed by Edwin Diaz. (Mizrahi, Joseph)
Related: [-]
Thursday, October 04, 2018
10 10 order Memo Endorsement Fri 10/05 12:24 PM
MEMO ENDORSEMENT on re:8 FIRST LETTER addressed to Judge Katherine Polk Failla from Michael J. Glidden dated 09/27/2018 re: Pre-Motion Submission Letter. Document filed by The Kroger Co. ENDORSEMENT: The Court is in receipt of Defendant's pre-motion letter, dated September 27, 2018. Per the Court's individual rules, the Plaintiff was required to submit a letting in response within three days after Defendants' letter was received. The Plaintiff is hereby ORDERED to submit a response by October 10, 2018. So ordered. (Signed by Judge Katherine Polk Failla on 10/4/2018) (rjm)
Related: [-]
Thursday, September 27, 2018
9 9 2 pgs order Order on Motion to Dismiss/Lack of Jurisdiction Fri 09/28 12:04 PM
ORDER terminating7 Motion to Dismiss for Lack of Jurisdiction. The Court is in receipt of Defendant's pre-motion letter. The Clerk of Court is directed to terminate Docket Entry 7. SO ORDERED. (Signed by Judge Katherine Polk Failla on 9/27/2018) (rro)
Related: [-]
8 8 2 pgs misc Letter Thu 09/27 5:52 PM
FIRST LETTER addressed to Judge Katherine Polk Failla from Michael J. Glidden dated 09/27/2018 re: Pre-Motion Submission Letter. Document filed by The Kroger Co..(Glidden, Michael)
Related: [-]
7 7 13 pgs motion Dismiss/Lack of Jurisdiction Thu 09/27 4:57 PM
FIRST MOTION to Dismiss for Lack of Jurisdiction . Document filed by The Kroger Co.. Return Date set for 10/18/2018 at 10:00 AM.(Glidden, Michael)
Related: [-]
Att: 1 2 pgs Affidavit Affidavit of Andrew Whiting,
Att: 2 2 pgs Exhibit Exhibit A - Print out from Kroger website
Wednesday, September 12, 2018
6 6 service Summons Returned Executed Wed 09/12 11:50 AM
SUMMONS RETURNED EXECUTED. The Kroger Co. served on 9/6/2018, answer due 9/27/2018. Service was accepted by LEGAL REP. OF CSC. Document filed by Edwin Diaz. (Mizrahi, Joseph)
Related: [-]
Monday, September 10, 2018
5 5 3 pgs order Order for Initial Pretrial Conference Mon 09/10 3:26 PM
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 11/29/2018 at 10:30 AM in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 9/10/2018) (mro)
Related: [-]
Friday, August 31, 2018
4 4 service Summons Issued Fri 08/31 10:41 AM
ELECTRONIC SUMMONS ISSUED as to The Kroger Co.. (sj)
Related: [-]
notice Case Opening Initial Assignment Notice Fri 08/31 10:38 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:http://nysd.uscourts.gov/judges/District] . 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[LINK:http://nysd.uscourts.gov/ecf_filing.php] . (sj)
Related: [-]
utility Case Designation Fri 08/31 10:39 AM
Magistrate Judge Sarah Netburn 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:[LINK:http://nysd.uscourts.gov/forms.php] . (sj)
Related: [-]
utility Case Designated ECF Fri 08/31 10:39 AM
Case Designated ECF. (sj)
Related: [-]
Thursday, August 30, 2018
3 3 service Request for Issuance of Summons Thu 08/30 5:39 PM
REQUEST FOR ISSUANCE OF SUMMONS as to The Kroger Co., re:1 Complaint. Document filed by Edwin Diaz. (Mizrahi, Joseph)
Related: [-]
2 2 misc Civil Cover Sheet Thu 08/30 5:39 PM
CIVIL COVER SHEET filed. (Mizrahi, Joseph)
Related: [-]
1 1 26 pgs cmp Complaint Thu 08/30 5:39 PM
COMPLAINT against The Kroger Co.. (Filing Fee $ 400.00, Receipt Number 0208-15516069)Document filed by Edwin Diaz.(Mizrahi, Joseph)
Related: [-]