New York Eastern District Court
Judge:Brian M Cogan
Case #: 1:21-cv-01325
Nature of Suit442 Civil Rights - Employment
Cause28:1332 Diversity-(Citizenship)
Case Filed:Mar 12, 2021
Terminated:Apr 13, 2022
Last checked: Wednesday Sep 08, 2021 4:49 AM EDT
Defendant
Amazon.com, Inc
Represented By
Gabriell Frances Levin
Gibson, Dunn And Crutcher LLP
contact info
Plaintiff
Michael Thomas
Represented By
Alfons D'Auria
Lipsky Lowe LLP
contact info
Douglas Brian Lipsky
Lipsky Lowe LLP
contact info
Christopher Howard Lowe
Lipsky Lowe LLP
contact info
Plaintiff
Verniece Carmona
Represented By
Alfons D'Auria
Lipsky Lowe LLP
contact info
Douglas Brian Lipsky
Lipsky Lowe LLP
contact info
Plaintiff
Romelo Rivera
Represented By
Alfons D'Auria
Lipsky Lowe LLP
contact info
Douglas Brian Lipsky
Lipsky Lowe LLP
contact info

GPO Apr 12 2022
MEMORANDUM DECISION AND ORDER dated 4/11/2022 granting Amazon's 16 Motion to Dismiss. ( Ordered by Judge Brian M. Cogan on 4/11/2022 ) *Forwarded for judgment. (Guzzi, Roseann)

Docket last updated: 10 hours ago
Wednesday, April 13, 2022
27 27 order Judgment - Clerk Wed 04/13 4:41 PM
CLERK'S JUDGMENT dated 4/13/2022 that Amazon's motion to dismiss is granted. ( Ordered by Jalitza Poveda, Deputy Clerk on behalf of Brenna B. Mahoney, Clerk of Court on 4/13/2022 ) (Guzzi, Roseann)
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Tuesday, April 12, 2022
26 26 10 pgs order Order on Motion to Dismiss Tue 04/12 11:23 AM
MEMORANDUM DECISION AND ORDER dated 4/11/2022 granting Amazon's16 Motion to Dismiss. ( Ordered by Judge Brian M. Cogan on 4/11/2022 ) *Forwarded for judgment. (Guzzi, Roseann)
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Tuesday, September 21, 2021
25 25 order Protective Order Tue 09/21 2:26 PM
STIPULATED PROTECTIVE ORDER. ( Ordered by Judge Brian M. Cogan on 9/21/2021 ) (Guzzi, Roseann)
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24 24 misc Stipulation Tue 09/21 1:41 PM
STIPULATION / Stipulated Protective Order [PROPOSED] by Amazon.com, Inc (Levin, Gabriell)
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Monday, June 28, 2021
23 23 respoth Reply in Support Mon 06/28 8:28 PM
REPLY in Support re16 Notice of MOTION to Dismiss filed by Amazon.com, Inc. (Levin, Gabriell)
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Thursday, June 17, 2021
22 22 misc Declaration Thu 06/17 5:57 PM
DECLARATION re21 Memorandum in Opposition by Verniece Carmona, Romelo Rivera, Michael Thomas (Lipsky, Douglas)
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21 21 22 pgs respoth Memorandum in Opposition Thu 06/17 5:36 PM
MEMORANDUM in Opposition re16 Notice of MOTION to Dismiss ,17 Memorandum in Support filed by Verniece Carmona, Romelo Rivera, Michael Thomas. (Lipsky, Douglas)
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Wednesday, June 02, 2021
20 20 misc Transcript Wed 06/02 10:09 AM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 5-13-21, before Judge Cogan. Court Reporter/Transcriber M.Nardone, Telephone number 718-613-2601. Email address: mishrpr@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 6/23/2021. Redacted Transcript Deadline set for 7/5/2021. Release of Transcript Restriction set for 8/31/2021. (Nardone, Michele)
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Tuesday, June 01, 2021
19 19 motion Extension of Time to File Document Tue 06/01 4:31 PM
Letter MOTION for Extension of Time to File Plaintiffs' Opposition to Defendant's Motion to Dismiss by Verniece Carmona, Romelo Rivera, Michael Thomas. (D'Auria, Alfons)
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order Order on Motion for Extension of Time to File Tue 06/01 5:41 PM
ORDER granting19 . Plaintiff's opposition to motion to dismiss due by 6/17/2021; defendant's reply due by 6/28/2021. Ordered by Judge Brian M. Cogan on 6/1/2021. (Weisberg, Peggy)
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Thursday, May 27, 2021
18 18 respm Affidavit/Declaration in Support of Motion Thu 05/27 8:47 PM
AFFIDAVIT/DECLARATION in Support re16 Notice of MOTION to Dismiss --Declaration of Gabrielle Levin filed by Amazon.com, Inc. (Levin, Gabriell)
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Att: 1 Exhibit A- Job Description,
Att: 2 Exhibit B- OSHA 3220-10N, Warehousing,
Att: 3 Exhibit C- Comment from the Greater New York Hospital Association,
Att: 4 Exhibit D- OSHA 3170-O2R, Safeguarding Equipment and Protecting Employees From Amputations
17 17 17 pgs respoth Memorandum in Support Thu 05/27 8:34 PM
MEMORANDUM in Support re16 Notice of MOTION to Dismiss filed by Amazon.com, Inc. (Levin, Gabriell)
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16 16 motion Dismiss Thu 05/27 8:32 PM
Notice of MOTION to Dismiss by Amazon.com, Inc. (Levin, Gabriell)
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Thursday, May 13, 2021
minutes Initial Conference Hearing Thu 05/13 3:14 PM
Minute Entry and Order for Initial Status Conference held before Judge Brian M. Cogan on 05/13/2021. Both sides present by videoconference. Defendant to file motion to dismiss by 05/27/2021; plaintiffs to oppose by 06/10/2021; reply by 06/17/2021. Parties are to proceed with discovery as to how the Sortation Associate position is performed at the facility at issue. See transcript for details. (Court Reporter: Michele Nardone). (Weisberg, Peggy)
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Tuesday, May 11, 2021
15 15 misc Letter Tue 05/11 1:31 PM
Letter re Stay discovery and Case Management Plan by Verniece Carmona, Romelo Rivera, Michael Thomas (Lipsky, Douglas)
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order Order(Other) Tue 05/11 3:50 PM
ORDER: The parties of record are directed to use the video link provide by email to participate in the initial conference scheduled on May 13, 2021 at 12:00 PM. All others may dial the toll free number posted on the docket to listen to the proceeding. Ordered by Judge Brian M. Cogan on 5/11/2021. (Clarke, Melonie)
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order Order(Other) Tue 05/11 4:54 PM
ORDER re:15 . The parties need not submit a case management plan, but they should be aware that, subject to the discussion at the conference, the Court is disinclined to stay discovery. Ordered by Judge Brian M. Cogan on 5/11/2021. (Weisberg, Peggy)
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Thursday, May 06, 2021
14 14 misc Letter Thu 05/06 3:01 PM
Letter - Joint Letter regarding Initial Status Conference by Amazon.com, Inc (Levin, Gabriell)
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Thursday, April 22, 2021
13 13 motion Extension of Time to File Answer Thu 04/22 4:37 PM
Consent MOTION for Extension of Time to File Answer re12 Amended Complaint by Amazon.com, Inc. (Levin, Gabriell)
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order Order on Motion for Extension of Time to Answer Thu 04/22 5:37 PM
ORDER granting13 . Defendant's time to answer extended to 5/20/21. Ordered by Judge Brian M. Cogan on 4/22/2021. (Clarke, Melonie)
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Tuesday, April 20, 2021
12 12 cmp Amended Complaint Tue 04/20 4:46 PM
AMENDED COMPLAINT against Amazon.com, Inc, filed by Michael Thomas, Romelo Rivera, Verniece Carmona. (Lipsky, Douglas)
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Friday, April 09, 2021
order Order on Motion for Extension of Time to Answer Order on Motion to Adjourn Conference Fri 04/09 4:40 PM
ORDER granting in part11 . Defendant's time to answer is extended to 5/20/2021. However, this Court does not wait for answers to be filed as they are not required in planning discovery set at the conference, therefore the Initial Status Conference is adjourned only to 5/13/2021 at 12:00 pm. Parties will use the toll-free number 888-684-8852, access code 6427877# and security code 1325#. The adjournment granted by this Order should allow defendant enough time to investigate and prepare its portion of the joint summary letter The parties are reminded to file on the docket a completed case management plan prior to the conference. Ordered by Judge Brian M. Cogan on 4/9/2021. (Weisberg, Peggy)
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Thursday, April 08, 2021
11 11 motion Extension of Time to File Answer Adjourn Conference Thu 04/08 4:23 PM
Consent MOTION for Extension of Time to File Answer re1 Complaint , Consent MOTION to Adjourn Conference by Amazon.com, Inc. (Levin, Gabriell)
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10 10 notice Notice of Appearance Thu 04/08 4:15 PM
NOTICE of Appearance by Gabriell Frances Levin on behalf of Amazon.com, Inc (aty to be noticed) (Levin, Gabriell)
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Tuesday, March 16, 2021
9 9 notice Notice of Appearance Tue 03/16 4:19 PM
NOTICE of Appearance by Alfons D'Auria on behalf of Michael Thomas (aty to be noticed) (D'Auria, Alfons)
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8 8 notice Notice of Appearance Tue 03/16 4:17 PM
NOTICE of Appearance by Christopher Howard Lowe on behalf of Michael Thomas (aty to be noticed) (Lowe, Christopher)
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Friday, March 12, 2021
7 7 order Scheduling Order Fri 03/12 7:25 PM
SCHEDULING ORDER: A telephonic Initial Status Conference is set for 4/22/2021 at 10:00 am. Parties will use the toll-free number 888-684-8852, access code 6427877# and security code 1325#. The parties are directed to comply with the attached mandatory requirements, including filing on the docket a completed case management plan prior to the conference. Ordered by Judge Brian M. Cogan on 3/12/2021. (Weisberg, Peggy)
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6 6 misc Quality Control Check - Attorney Case Opening Fri 03/12 11:54 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla)
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5 5 misc Clerks Notice of Rule 73 Fri 03/12 11:54 AM
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla)
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4 4 service Summons Issued Fri 03/12 11:53 AM
Summons Issued as to Amazon.com, Inc. (Bowens, Priscilla)
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3 3 misc Proposed Summons/Civil Cover Sheet Fri 03/12 11:27 AM
Proposed Summons. Re1 Complaint by Michael Thomas (Lipsky, Douglas)
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2 2 misc Proposed Summons/Civil Cover Sheet Fri 03/12 11:26 AM
Civil Cover Sheet.. Re1 Complaint by Michael Thomas (Lipsky, Douglas)
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1 1 9 pgs cmp Complaint Fri 03/12 11:26 AM
COMPLAINT against Amazon.com, Inc filing fee $ 402, receipt number ANYEDC-14272595 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Michael Thomas. (Lipsky, Douglas)
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utility Case Assigned/Reassigned Fri 03/12 11:50 AM
Case Assigned to Judge Brian M. Cogan. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla)
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