Cruz v. Victoria's Secret Stores, Inc. et al

New York Southern District Court
Judge:Cathy Seibel
Case #: 7:20-cv-11107
Nature of Suit790 Labor - Other Labor Litigation
Cause28:1332 Diversity Action
Case Filed:Dec 31, 2020
Terminated:May 12, 2022
Last checked: Tuesday Jun 29, 2021 4:18 AM EDT
Defendant
Victoria Chernyak
Defendant
Jane Does (1-10)
Defendant
Samira Naber
Defendant
Victoria's Secret Stores, Inc.
Represented By
Russell Louis Porter
Porzio Bromberg & Newman
contact info
Benjamin Adam Shepler
Vorys, Sater, Seymour And Pease, Llp (columbus)
contact info
Defendant
XYZ Corp., Inc. (1-10)
Plaintiff
Kirsi Cruz


Docket last updated: 12 hours ago
Thursday, May 12, 2022
27 27 order Stipulation and Order of Voluntary Dismissal ~Util - Add and Terminate Parties Thu 05/12 3:40 PM
STIPULATION OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(ii): IT IS HEREBY STIPULATED AND AGREED by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) VICTORIA'S SECRET STORES, INC., SAMIRA NABER andVICTORIA CHERNYAK, pursuant to the Federal Rules of Civil Procedure 41(a)(1)(A)(ii). No other parties having been served or appeared, the Clerk shall close the case. SO ORDERED. Victoria's Secret Stores, Inc., Victoria Chernyak and Samira Naber terminated. (Signed by Judge Cathy Seibel on 5/12/2022) (mml)
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misc Notice to Court Regarding Voluntary Dismissal Thu 05/12 2:47 PM
***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. 26 Stipulation of Voluntary Dismissal,, was reviewed and referred to Judge Cathy Seibel for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety;. (nd)
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Wednesday, May 11, 2022
26 26 misc Stipulation of Voluntary Dismissal Wed 05/11 4:09 PM
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Victoria Chernyak, Samira Naber, Victoria's Secret Stores, Inc. and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Kirsi Cruz. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Warner, Eric)
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misc Notice to Attorney Regarding Deficient Voluntary Dismissal Wed 05/11 1:22 PM
***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Eric Warner. RE-FILE Document No. 25 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the voluntary dismissal does not match the entry; the selected individual party/parties whom the voluntary dismissal is against do not match the pdf; the stipulation of voluntary dismissal was not signed by all parties who have appeared. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (scanned ink signature image) PDF. (tp)
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Tuesday, May 10, 2022
25 25 misc Stipulation of Voluntary Dismissal Tue 05/10 4:00 PM
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Victoria Chernyak, Jane Does (1-10), Samira Naber, Victoria's Secret Stores, Inc., XYZ Corp., Inc. (1-10) and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Kirsi Cruz. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Warner, Eric)
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Wednesday, February 16, 2022
23 23 notice Notice of Appearance Wed 02/16 3:51 PM
NOTICE OF APPEARANCE by Gary Michael Fellner on behalf of Victoria's Secret Stores, Inc...(Fellner, Gary)
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22 22 motion Extension of Time to File Document Wed 02/16 3:27 PM
LETTER MOTION for Extension of Time to File Summary Judgment addressed to Judge Cathy Seibel from Gregory Scheiderer dated February 16, 2022. Document filed by Victoria's Secret Stores, Inc...(Scheiderer, Gregory)
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order Order on Motion for Extension of Time to File Wed 02/16 5:30 PM
ORDER granting22 Letter Motion for Extension of Time to File: Motion due April 6, 2022; Opposition due April 26, 2022; Reply due May 10, 2022. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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Wednesday, January 19, 2022
minutes Status Conference Wed 01/19 12:07 PM
Minute Entry for proceedings held before Judge Cathy Seibel: Status Conference held on 1/19/2022. Plaintiff's counsel Eric Warner, Esq. appears telephonically. Defendants' counsel Benjamin Shepler, Esq. appears telephonically. Law Clerk Ryan Partelow appears telephonically. Defendants' Motion for Summary Judgment to be submitted by March 10, 2022; Plaintiff's opposition due March 30, 2022; Defendants' reply due April 13, 2022. See transcript. (Court Reporter Christina Arends-Dieck) (wc)
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Wednesday, January 05, 2022
21 21 misc Letter Wed 01/05 5:33 PM
LETTER addressed to Judge Cathy Seibel from Eric J. Warner, Esq. dated 1/5/22 re: Pre-Motion Letter. Document filed by Kirsi Cruz..(Warner, Eric)
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20 20 motion Conference Wed 01/05 2:09 PM
LETTER MOTION for Conference addressed to Judge Cathy Seibel from Gregory Scheiderer dated January 5, 2022. Document filed by Samira Naber, Victoria's Secret Stores, Inc...(Scheiderer, Gregory)
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Friday, December 17, 2021
18 18 misc Proposed Case Management Plan Fri 12/17 12:47 PM
PROPOSED CASE MANAGEMENT PLAN. Document filed by Kirsi Cruz..(Warner, Eric)
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order Order Fri 12/17 2:22 PM
ORDER re:18 Proposed Case Management Plan filed by Kirsi Cruz: I am puzzled by ECF No. 18. The parties requested an expert discovery cutoff of 1/7/22 and that is what I ordered. The parties have not explained why they now want another five months. We will adhere to the previous schedule unless an application for an extension -- explaining what discovery has been done and when, and why it could not have been completed as scheduled -- is received and approved. (HEREBY ORDERED by Judge Cathy Seibel) (Text Only Order) (Seibel, Cathy)
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Tuesday, August 31, 2021
adr Mediation Conference Scheduled Tue 08/31 12:07 PM
FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 10/19/2021 at 10:00 AM in telephone or video conference. (sb)
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Monday, July 26, 2021
adr Notice of Mediator Assignment Mon 07/26 10:34 AM
NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 8/25/2021.(ah)
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Monday, July 12, 2021
12 12 1 pgs notice Notice of Appearance Mon 07/12 9:44 AM
NOTICE OF APPEARANCE by Eric James Warner on behalf of Kirsi Cruz..(Warner, Eric)
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Wednesday, July 07, 2021
11 11 1 pgs order Mediation Referral Order Wed 07/07 3:08 PM
MEDIATION REFERRAL ORDER FOR EMPLOYMENT CASES: It is hereby ORDERED that this case is referred for mediation to the Court's Employment Mediation Program. The parties are notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. 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 this case. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 7/19/2021. (Signed by Judge Cathy Seibel on 7/7/2021) (va)
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10 10 4 pgs order Scheduling Order Wed 07/07 1:56 PM
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: The case is to be tried to a jury. Motions due by 7/30/2021. Fact Discovery due by 1/7/2022. Deposition due by 12/3/2021. Expert Discovery due by 1/7/2022. Case Management Conference set for 1/19/2022 at 10:00 AM before Judge Cathy Seibel. This case has been designated to the Honorable Judith McCarthy, United States Magistrate Judge, for discovery disputes if the Court is unavailable. (Signed by Judge Cathy Seibel on 7/7/2021) (va)
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9 9 misc Proposed Case Management Plan Wed 07/07 8:47 AM
PROPOSED CASE MANAGEMENT PLAN. Document filed by Victoria's Secret Stores, Inc...(Shepler, Benjamin)
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minutes Pretrial Conference - Initial ~Util - Set Hearings Wed 07/07 1:35 PM
Minute Entry for proceedings held before Judge Cathy Seibel: Initial Conference held on 7/7/2021. Plaintiff's counsel Eric Warner, Esq. appears telephonically. Defendant's counsel Benjamin Shepler, Esq. appears telephonically. Law Clerk Ryan Partelow appears telephonically. This case is to be referred to Court mediation. Case Management Plan signed. The Court schedules the next status conference for January 19, 2022 at 10:00 a.m. Pre-Motion letter(s) to be submitted by January 5, 2022; opposition due January 12, 2022. Plaintiff's counsel (Eric Warner, Esq.) is directed to file a Notice of Appearance. See transcript. (Status Conference set for 1/19/2022 at 10:00 AM before Judge Cathy Seibel). (Court Reporter Christina Arends-Dieck) (wc)
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Thursday, June 24, 2021
misc Notice Regarding Pro Hac Vice Motion Thu 06/24 11:12 AM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 7 MOTION for Benjamin Adam Shepler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24711896. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
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order Order on Motion to Appear Pro Hac Vice Thu 06/24 12:11 PM
ORDER granting7 Motion for Benjamin Adam Shepler to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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Wednesday, June 23, 2021
7 7 motion Appear Pro Hac Vice Wed 06/23 5:23 PM
MOTION for Benjamin Adam Shepler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24711896. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Victoria's Secret Stores, Inc...(Shepler, Benjamin)
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Att: 1 Affidavit Declaration in Support,
Att: 2 Text of Proposed Order Proposed Order
Friday, June 11, 2021
6 6 notice Notice of Hearing Fri 06/11 1:05 PM
NOTICE OF INITIAL COURT CONFERENCE: Counsel for all parties herein shall appear in a conference for the purpose of case management and scheduling pursuant to Fed. R. Civ. P. 16 on July 7, 2021 at 12:30 p.m. (via telephone). Person(s) appearing via telephone are reminded of the general prohibition against any forms of recording and rebroadcasting of Court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Pursuant to Judge Seibel's Emergency Individual Rules and Practices in light of COVID-19, last revised on March 19, 2020, the parties are directed to attend by phone using the following information: Toll-Free Tele-conference number: (877) 336 1839 to call in and enter access code: 1047966#. The parties should call in from a landline phone (if possible), announce their last name(s) before addressing the Court at any time during the call, and mute their lines (pressing *6 on phone) when not speaking. Initial Conference set for 7/7/2021 at 12:30 PM before Judge Cathy Seibel. Telephone Conference set for 7/7/2021 at 12:30 PM before Judge Cathy Seibel. (mml)
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Wednesday, June 09, 2021
5 5 15 pgs answer Answer to Complaint Wed 06/09 11:29 AM
ANSWER to Complaint. Document filed by Victoria's Secret Stores, Inc...(Porter, Russell)
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Tuesday, January 05, 2021
misc Notice to Attorney Regarding Case Opening Statistical Error Correction Tue 01/05 8:49 AM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Russell Louis Porter. The following case opening statistical information was erroneously selected/entered: County code Rockland. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (sj)
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notice Case Opening Initial Assignment Notice Tue 01/05 8:52 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Cathy Seibel. Please download and review the Individual Practices of the assigned District Judge, located at[LINK: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[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(sj)
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utility Case Designation Tue 01/05 8:54 AM
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:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (sj)
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utility Case Designated ECF Tue 01/05 8:54 AM
Case Designated ECF. (sj)
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Monday, January 04, 2021
4 4 notice Notice of Removal Mon 01/04 11:27 AM
NOTICE OF REMOVAL from Supreme Court, County of Rockland. Case Number: 031084/2020..Document filed by Victoria's Secret Stores, Inc...(Porter, Russell)
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Att: 1 15 pgs Exhibit 1 to Notice of Removal,
Att: 2 3 pgs Exhibit 2 to Notice of Removal,
Att: 3 Exhibit 3 to Notice of Removal,
Att: 4 Exhibit 4 to Notice of Removal,
Att: 5 Exhibit 5 to Notice of Removal
misc Notice to Attorney Regarding Deficient Pleading Mon 01/04 11:07 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Russell Louis Porter to RE-FILE Document No. 1 Notice of Removal. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; All parties must be listed in caption, et al is not accepted. Re-file the pleading using the event type Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 1/11/2021. (sj)
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Thursday, December 31, 2020
3 3 misc Rule 7.1 Corporate Disclosure Statement Thu 12/31 2:25 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent IB US Retail Holdings, Inc., Other Affiliate L Brands, Inc., Other Affiliate Intimate Brands Holding, LLC, Other Affiliate Retail Store Operations, Inc., Other Affiliate Intimate Brands Inc. for Victoria's Secret Stores, Inc.. Document filed by Victoria's Secret Stores, Inc...(Porter, Russell)
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2 2 misc Civil Cover Sheet Thu 12/31 2:22 PM
CIVIL COVER SHEET filed..(Porter, Russell)
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1 1 notice Notice of Removal Thu 12/31 2:21 PM
NOTICE OF REMOVAL from Supreme Court, County of Rockland. Case Number: 031084/2020. (Filing Fee $ 402.00, Receipt Number ANYSDC-23292744).Document filed by Victoria's Secret Stores, Inc...(Porter, Russell)
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Att: 1 15 pgs Exhibit 1 to Notice of Removal,
Att: 2 3 pgs Exhibit 2 to Notice of Removal,
Att: 3 3 pgs Exhibit 3 to Notice of Removal,
Att: 4 3 pgs Exhibit 4 to Notice of Removal,
Att: 5 4 pgs Exhibit 5 to Notice of Removal