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Court Dockets
U.S. District Court
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:20-cv-00888-JMF
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:20-cv-00888-JMF
Gonzalez v. Gojo Industries, Inc.
DOCKET INFORMATION
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| Plaintiff |
Magdiela Gonzalez individually and on behalf of all others similarly situatedPlaintiff
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| Representation | |||
| George Volney Granade Reese LLP 8484 Wilshire Boulevard, Suite 515 Los Angeles, CA 90211 (212) 643-0500 Fax: (212) 253-4272 ggranade@reesellp.com LEAD ATTORNEY ATTORNEY TO BE NOTICED | Michael Robert Reese Reese Richman, LLP 875 Avenue of the Americas 18th Floor New York, NY 10001 (212) 579-4625 Fax: (212) 253-4272 mreese@reesellp.com LEAD ATTORNEY ATTORNEY TO BE NOTICED | Christopher Patalano Sheehan & Associates, PC 60 Cuttermill Rd Ste 409 Great Neck, NY 11021 (516) 303-0552 Fax: (516) 234-7800 cpatalano@spencersheehan.com ATTORNEY TO BE NOTICED | |
| Spencer Sheehan Sheehan & Associates, P.C. 505 Northern Boulevard Suite 311 Great Neck, NY 11021 (516) 303-0552 Fax: (516) 234-7800 spencer@spencersheehan.com ATTORNEY TO BE NOTICED | |||
| Defendant |
Gojo Industries, Inc.
Defendant
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| Representation | |||
| Sharyl Anne Reisman Jones Day (NYC) 250 Vesey Street New York, NY 10281 (212) 326-3405 Fax: (212) 755-7306 sareisman@jonesday.com LEAD ATTORNEY ATTORNEY TO BE NOTICED | Kelly G Laudon Jones Day - Minneapolis 90 South Seventh Street Suite 4950 Minneapolis, MN 55402 (612) 217-8921 Fax: (844) 345-3178 klaudon@jonesday.com ATTORNEY TO BE NOTICED | Michael Mahar Klotz Jones Day (NYC) 250 Vesey Street New York, NY 10281 (212) 326-3796 mklotz@jonesday.com ATTORNEY TO BE NOTICED | |
| Philip Michael Oliss Jones Day 901 Lakeside Ave Cleveland, OH 44114 (216) 586-7164 poliss@jonesday.com ATTORNEY TO BE NOTICED | |||
Numbers shown are court assigned numbers.
| Entry | Filed | Description | |
|---|---|---|---|
| 1 | Feb 1, 2020 | View | COMPLAINT against Gojo Industries, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-18658018)Document filed by Magdiela Gonzalez..(Sheehan, Spencer) (Entered: 02/01/2020) |
| 2 | Feb 1, 2020 | Request | CIVIL COVER SHEET filed..(Sheehan, Spencer) (Entered: 02/01/2020) |
| 3 | Feb 1, 2020 | Request | REQUEST FOR ISSUANCE OF SUMMONS as to Gojo Industries, Inc., re: 1 Complaint. Document filed by Magdiela Gonzalez..(Sheehan, Spencer) (Entered: 02/01/2020) |
| Feb 3, 2020 | CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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..(dnh) (Entered: 02/03/2020) | ||
| Feb 3, 2020 | 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: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (dnh) (Entered: 02/03/2020) | ||
| Feb 3, 2020 | Case Designated ECF. (dnh) (Entered: 02/03/2020) | ||
| 4 | Feb 3, 2020 | Request | ELECTRONIC SUMMONS ISSUED as to Gojo Industries, Inc...(dnh) (Entered: 02/03/2020) |
| 5 | Feb 4, 2020 | Request | NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on May 14, 2020, at 3:15 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. All counsel are required to register promptly as filing users on ECF and to familiarize themselves with the SDNY ECF Rules & Instructions, which are available at https://www.nysd.uscourts.gov/electronic-case-filing. All counsel must also familiarize themselves with the Court's Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-jesse-m-furman. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the initial pretrial conference. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at https://www.nysd.uscourts.gov/hon-jesse-m-furman. Any open legal issues can be addressed at the conference. The joint letter shall not exceed five (5) pages, and shall provide the following information in separate paragraphs as further set forth in this Order. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Rules and Practices forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Court's Individual Rules and Practices to that party personally. SO ORDERED. (Initial Conference set for 5/14/2020 at 03:15 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 2/4/20) (yv) (Entered: 02/04/2020) |
| 6 | Apr 24, 2020 | Request | NOTICE OF APPEARANCE by Michael Robert Reese on behalf of Magdiela Gonzalez..(Reese, Michael) (Entered: 04/24/2020) |
| 7 | Apr 28, 2020 | Request | WAIVER OF SERVICE RETURNED EXECUTED. Gojo Industries, Inc. waiver sent on 4/24/2020, answer due 6/23/2020. Document filed by Magdiela Gonzalez..(Sheehan, Spencer) (Entered: 04/28/2020) |
| 8 | May 4, 2020 | Request | ORDER: In light of the COVID-19 situation, the Court will not hold the upcoming conference in this case in person. Counsel should submit their proposed case management plan and joint letter by the Thursday prior to the conference, as directed in the Court's earlier Scheduling Order. In their joint letter, the parties should also indicate whether they can do without a conference altogether. If so, the Court may enter a case management plan and scheduling order and the parties need not appear. If not, the Court will hold the initial conference by telephone, albeit perhaps at a different time. To that end, counsel should indicate in their joint letter dates and times during the week of the conference that they would be available for a telephone conference. In either case, counsel should review and comply with the Courts Emergency Individual Rules and Practices in Light of COVID-19, available at https://nysd.uscourts.gov/hon-jesse-m-furman. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/4/2020) (ks) (Entered: 05/04/2020) |
| 9 | May 5, 2020 | Request | NOTICE OF APPEARANCE by Sharyl Anne Reisman on behalf of Gojo Industries, Inc...(Reisman, Sharyl) (Entered: 05/05/2020) |
| 10 | May 5, 2020 | Request | LETTER MOTION to Adjourn Conference addressed to Judge Jesse M. Furman from Sharyl A. Reisman dated May 5, 2020. Document filed by Gojo Industries, Inc.. (Attachments: # 1 Proposed Stipulation).(Reisman, Sharyl) (Entered: 05/05/2020) |
| 11 | May 5, 2020 | Request | NOTICE OF APPEARANCE by Michael Mahar Klotz on behalf of Gojo Industries, Inc...(Klotz, Michael) (Entered: 05/05/2020) |
| 12 | May 5, 2020 | Request | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Gojo Industries, Inc...(Klotz, Michael) (Entered: 05/05/2020) |
| 13 | May 6, 2020 | Request | STIPULATION AND ORDER CONTINUING INITIAL PRETRIAL CONFERENCE AND SETTING BRIEFING SCHEDULE ON DEFENDANT'S ANTICIPATED MOTION TO DISMISS, IT IS HEREBY STIPULATED AND AGREED: 1. The initial pretrial conference scheduled by the Court for May 14, 2020, is hereby adjourned to be reset for a date, at the Court's convenience, following the conclusion of briefing on Defendant's anticipated motion to dismiss. 2. The deadline to submit a Civil Case Management Plan and Scheduling Order is hereby adjourned to be reset by the Court. 3. Defendant will file its motion to dismiss by June 23, 2020. Except as provided below, Plaintiff will file her opposition to any such motion to dismiss no later than July 23, 2020; and Defendant will file its reply to Plaintiff's opposition no later than August 12, 2020. 4. In the event that Plaintiff elects to file an amended complaint prior to the filing of a motion to dismiss, she shall provide Defendant with notice of same prior to June 9, 2020, and the parties shall meet and confer in good faith with regard to a new schedule in this action, with each side preserving all rights to apply to this Court or any other Court of competent jurisdiction for appropriate relief. 5. Nothing in this stipulation and order waives any right that either party has under the Federal Rules of Civil Procedure. The Clerk of Court is directed to terminate ECF No. 10. So Ordered. ( Motions due by 6/23/2020., Responses due by 7/23/2020, Replies due by 8/12/2020.) (Signed by Judge Jesse M. Furman on 5/6/20) (yv) (Entered: 05/06/2020) |
| 14 | May 6, 2020 | Request | MOTION for Kelly G. Laudon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19729693. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Gojo Industries, Inc.. (Attachments: # 1 Declaration of Kelly G. Laudon in Support of Application for Admission Pro Hac Vice, # 2 Exhibit A - Certificate of Good Standing - Minnesota, # 3 Proposed Order for Admission Pro Hac Vice).(Laudon, Kelly) (Entered: 05/06/2020) |
| May 6, 2020 | >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 14 MOTION for Kelly G. Laudon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19729693. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad) (Entered: 05/06/2020) | ||
| 15 | May 7, 2020 | Request | ORDER granting 14 Motion for Kelly G. Laudon to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 05/07/2020) |
| 16 | May 7, 2020 | Request | FILING ERROR - DEFICIENT PRO HAC VICE MOTION - MOTION for Philip M. Oliss to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19746426. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Gojo Industries, Inc.. (Attachments: # 1 Declaration of Philip M. Oliss in Support of Motion for Admission Pro Hac Vice, # 2 Exhibit A - Certificate of Good Standing - Ohio, # 3 Exhibit B - Certificate of Good Standing - Illinois, # 4 Proposed Order for Admission Pro Hac Vice).(Oliss, Philip) Modified on 5/7/2020 (ad). (Entered: 05/07/2020) |
| May 7, 2020 | >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 16 MOTION for Philip M. Oliss to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19746426. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): The certificate was not issued by the Clerk of Supreme Court Supreme Court Building 200 E. Capitol Springfield, IL 62701 217-782-2035;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (ad) (Entered: 05/07/2020) | ||
| 17 | May 8, 2020 | Request | NOTICE OF APPEARANCE by Kelly G Laudon on behalf of Gojo Industries, Inc...(Laudon, Kelly) (Entered: 05/08/2020) |
| 18 | May 12, 2020 | Request | MOTION for Philip M. Oliss to Appear Pro Hac Vice Corrected Motion. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Gojo Industries, Inc.. (Attachments: # 1 Declaration of Philip M. Oliss in support of Application for Admission Pro Hac Vice, # 2 Exhibit A - Certificate of Good Standing - Ohio, # 3 Exhibit B - Certificate of Good Standing - Illinois, # 4 Proposed Order for Admission Pro Hac Vice).(Oliss, Philip) (Entered: 05/12/2020) |
| May 12, 2020 | >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 18 MOTION for Philip M. Oliss to Appear Pro Hac Vice Corrected Motion. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad) (Entered: 05/12/2020) | ||
| 19 | May 12, 2020 | Request | ORDER granting 18 Motion for Philip M. Oliss to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 05/12/2020) |
| 20 | May 14, 2020 | Request | NOTICE OF APPEARANCE by Philip Michael Oliss on behalf of Gojo Industries, Inc...(Oliss, Philip) (Entered: 05/14/2020) |
| 21 | Jun 16, 2020 | Request | LETTER MOTION for Extension of Time to Respond to the Complaint addressed to Judge Jesse M. Furman from Sharyl A. Reisman dated June 16, 2020. Document filed by Gojo Industries, Inc...(Reisman, Sharyl) (Entered: 06/16/2020) |
| 22 | Jun 18, 2020 | Request | ORDER granting 21 Letter Motion for Extension of Time. Application GRANTED. Defendant shall file its answer or motion to dismiss by July 23, 2020; any opposition shall be filed by August 21, 2020; any reply shall be filed September 11, 2020. The Clerk of Court is directed to terminate ECF No. 13. SO ORDERED.( Motions due by 7/23/2020.) (Signed by Judge Jesse M. Furman on 6/17/20) (yv) (Entered: 06/18/2020) |
| Jun 18, 2020 | Set/Reset Deadlines: Gojo Industries, Inc. answer due 7/23/2020. Responses due by 8/21/2020. Replies due by 9/11/2020. (yv) (Entered: 06/18/2020) | ||
| 23 | Jun 22, 2020 | Request | MOTION to Transfer Case to the Northern District of Ohio. Document filed by Gojo Industries, Inc...(Oliss, Philip) (Entered: 06/22/2020) |
| 24 | Jun 22, 2020 | View | MEMORANDUM OF LAW in Support re: 23 MOTION to Transfer Case to the Northern District of Ohio. . Document filed by Gojo Industries, Inc...(Oliss, Philip) (Entered: 06/22/2020) |
| 25 | Jun 22, 2020 | Request | DECLARATION of David Macinga in Support re: 23 MOTION to Transfer Case to the Northern District of Ohio.. Document filed by Gojo Industries, Inc...(Oliss, Philip) (Entered: 06/22/2020) |
| 26 | Jun 26, 2020 | Request | ORDER with respect to 23 Motion to Transfer Case. On June 18, 2020, the Court extended Defendant's deadline to answer or respond to the Complaint to July 23, 2020. ECF No. 22. On June 22, 2020, Defendant filed a motion to transfer venue to the Northern District of Ohio. ECF No. 23. Upon reflection, the Court will address the motion to transfer before Defendant answers or moves to dismiss. Accordingly, Defendant's deadline to respond to the Complaint is extended to three weeks after the Court resolves the pending motion to transfer. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/26/2020) (kv) Modified on 7/2/2020 (kv). (Entered: 06/26/2020) |
| 27 | Jul 2, 2020 | View | AMENDED COMPLAINT amending 1 Complaint against Gojo Industries, Inc. with JURY DEMAND.Document filed by Magdiela Gonzalez, Rita Bongiovi. Related document: 1 Complaint. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E).(Reese, Michael) (Entered: 07/02/2020) |
| Jul 6, 2020 | ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Robert Reese. The party information for the following party/parties has been modified: Rita Bongiovi. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo) (Entered: 07/06/2020) | ||
| 28 | Jul 7, 2020 | Request | ORDER, By July 17, 2020, Defendant shall: (1) file a new motion to transfer venue; (2) file a letter on ECF stating that it relies on the previously filed motion to transfer; or (3) withdraw the pending motion to transfer, in which case it shall file its answer or otherwise respond to the Amended Complaint within three weeks of the date on which the motion to transfer is withdrawn. SO ORDERED. ( Motions due by 7/17/2020.) (Signed by Judge Jesse M. Furman on 7/7/20) (yv) (Entered: 07/07/2020) |
| 29 | Jul 17, 2020 | View | MOTION to Transfer Case to the Northern District of Ohio. Document filed by Gojo Industries, Inc...(Oliss, Philip) (Entered: 07/17/2020) |
| 30 | Jul 17, 2020 | View | MEMORANDUM OF LAW in Support re: 29 MOTION to Transfer Case to the Northern District of Ohio. . Document filed by Gojo Industries, Inc...(Oliss, Philip) (Entered: 07/17/2020) |
| 31 | Jul 17, 2020 | View | DECLARATION of David Macinga in Support re: 29 MOTION to Transfer Case to the Northern District of Ohio.. Document filed by Gojo Industries, Inc...(Oliss, Philip) (Entered: 07/17/2020) |
| 32 | Jul 17, 2020 | Request | LETTER addressed to Judge Jesse M. Furman from Sharyl A. Reisman dated July 17, 2020 re: Proposed Briefing Schedule for Motion to Transfer. Document filed by Gojo Industries, Inc.. (Attachments: # 1 Stipulation and Proposed Order Setting Forth Briefing Schedule).(Reisman, Sharyl) (Entered: 07/17/2020) |
| 33 | Jul 18, 2020 | Request | NOTICE OF APPEARANCE by George Volney Granade on behalf of Rita Bongiovi, Magdiela Gonzalez..(Granade, George) (Entered: 07/18/2020) |
| 34 | Jul 20, 2020 | Request | STIPULATION AND ORDER ESTABLISHING A BRIEFING SCHEDULE FOR DEFENDANT'S SECOND MOTION TO TRANSFER VENUE AND SETTING A DEADLINE FOR DEFENDANT TO ANSWER OR OTHERWISE RESPOND TO THE AMENDED COMPLAINT, IT IS HEREBY STIPULATED AND AGREED: 1. Plaintiffs' opposition papers to the Second Motion to Transfer Venue will be submitted by August 14, 2020; 2. Defendant's reply papers in support of the Second Motion to Transfer Venue will be submitted by September 14, 2020; 3. The deadline for Defendant to answer or otherwise respond to the Amended Complaint will be extended until three weeks after a decision from the Court on the Second Motion to Transfer Venue; 4. Nothing in this stipulation and [proposed] order waives any right that either party has under the Federal Rules of Civil Procedure. Given the generous briefing schedule, the parties should not expect any further extensions. The original motion to transfer is denied as moot. The Clerk of Court is directed to terminate ECF No. 23. SO ORDERED. Set Deadlines/Hearing as to 29 MOTION to Transfer Case to the Northern District of Ohio. :( Responses due by 8/14/2020, Replies due by 9/14/2020.), Motions terminated: 23 MOTION to Transfer Case to the Northern District of Ohio. filed by Gojo Industries, Inc. (Signed by Judge Jesse M. Furman on 7/20/20) (yv) (Entered: 07/20/2020) |
| 35 | Aug 14, 2020 | Request | NOTICE OF APPEARANCE by Christopher Patalano on behalf of Rita Bongiovi, Magdiela Gonzalez..(Patalano, Christopher) (Entered: 08/14/2020) |
| 36 | Aug 14, 2020 | View | MEMORANDUM OF LAW in Opposition re: 29 MOTION to Transfer Case to the Northern District of Ohio. . Document filed by Rita Bongiovi, Magdiela Gonzalez..(Patalano, Christopher) (Entered: 08/14/2020) |
| 37 | Sep 14, 2020 | View | REPLY MEMORANDUM OF LAW in Support re: 29 MOTION to Transfer Case to the Northern District of Ohio. . Document filed by Gojo Industries, Inc...(Oliss, Philip) (Entered: 09/14/2020) |
| 38 | Oct 21, 2020 | Request | MEMORANDUM OPINION AND ORDER re: 29 MOTION to Transfer Case to the Northern District of Ohio. filed by Gojo Industries, Inc. The Clerk of Court is directed to terminate ECF No. 29, to transfer this case to the Northern District of Ohio, and to close the case in this District. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/21/20) (yv) Transmission to Office of the Clerk of Court for processing. (Entered: 10/21/2020) |
| Oct 21, 2020 | CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Northern District of Ohio.(yv) (Entered: 10/28/2020) | ||
| Oct 29, 2020 | Received e-mail from the United States District Court - Northern District of Ohio acknowledging receipt of transferred case. Assigned Case Number: 5:20-cv-02448, filed on 10/29/2020. (sjo) (Entered: 10/29/2020) |