Mendez v. Apple Inc.
| New York Southern District Court | |
| Judge: | Loretta A Preska |
| Case #: | 1:18-cv-07550 |
| Nature of Suit | 446 Civil Rights - Amer w/Disabilities - Other |
| Cause | 28:1331 Fed. Question |
| Case Filed: | Aug 19, 2018 |
| Terminated: | Mar 29, 2019 |
| Last checked: Friday Feb 15, 2019 3:44 AM EST |
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Defendant
Apple Inc.
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Represented By
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Plaintiff
Himelda Mendez
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Represented By
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| Docket last updated: 12/20/2024 11:59 PM EST |
| Friday, March 29, 2019 | ||
| 26 | 26
order
Judgment - Clerk
Fri 03/29 8:28 AM
CLERK'S JUDGMENT re:25 Order on Motion to Dismiss, Order on Motion for Leave to File Document in favor of Apple Inc. against Himelda Mendez. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated March 28, 2019, there is nothing inherently wrong with filing duplicative lawsuits against multiple defendants if the harms to be remedied do exist and are indeed identical. But those who live by the photocopier shall die by the photocopier. By failing specifically to assert any concrete injury, Plaintiff's claims fail as a matter of law. Defendant's motion to dismiss is granted, Plaintiff's motion to submit a sur-reply is denied as moot; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 3/29/2019)(km) |
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Att: 1
Right to Appeal
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| Thursday, March 28, 2019 | ||
| 25 | 25
10
pgs
order
Order on Motion to Dismiss Order on Motion for Leave to File Document
Thu 03/28 1:16 PM
ORDER granting14 Motion to Dismiss; denying as moot21 Letter Motion for Leave to File Document: There is nothing inherently wrong with filing duplicative lawsuits against multiple defendants if the harms to be remedied do exist and are indeed identical. But those who live by the photocopier shall die by the photocopier. By failing specifically to assert any concrete injury, Plaintiff's claims fail as a matter of law. Defendant's motion to dismiss [dkt. no. 14] is granted, Plaintiff's motion to submit a sur-reply [dkt. no 21] is denied as moot, and the Clerk of Court is directed to mark this action closed and all pending motions denied as moot. (Signed by Judge Loretta A. Preska on 3/28/2019) (jwh) |
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| Thursday, January 17, 2019 | ||
| 24 | 24
respm
Response to Motion
Thu 01/17 6:22 PM
RESPONSE to Motion re:21 LETTER MOTION for Leave to File Sur-Reply Regarding Defendant's Motion to Dismiss addressed to Judge Loretta A. Preska from Joseph H. Mizrahi dated December 31, 2018. . Document filed by Apple Inc.. (Friedman, Gary) |
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| Thursday, January 10, 2019 | ||
| 23 | 23
misc
Letter
Thu 01/10 4:01 PM
LETTER addressed to Judge Loretta A. Preska from Gary D. Friedman dated January 10, 2019 re: sur-reply and response. Document filed by Apple Inc..(Friedman, Gary) |
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| Tuesday, January 08, 2019 | ||
| 22 | 22
respm
Response to Motion
Tue 01/08 6:29 PM
LETTER RESPONSE to Motion addressed to Judge Loretta A. Preska from Gary D. Friedman dated January 8, 2019 re:21 LETTER MOTION for Leave to File Sur-Reply Regarding Defendant's Motion to Dismiss addressed to Judge Loretta A. Preska from Joseph H. Mizrahi dated December 31, 2018. . Document filed by Apple Inc.. (Friedman, Gary) |
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| Monday, December 31, 2018 | ||
| 21 | 21
motion
Leave to File Document
Mon 12/31 6:08 PM
LETTER MOTION for Leave to File Sur-Reply Regarding Defendant's Motion to Dismiss addressed to Judge Loretta A. Preska from Joseph H. Mizrahi dated December 31, 2018. Document filed by Himelda Mendez.(Mizrahi, Joseph) |
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Att: 1
Sur-Reply
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| Monday, December 17, 2018 | ||
| 20 | 20
respm
Reply Memorandum of Law in Support of Motion
Mon 12/17 7:13 PM
REPLY MEMORANDUM OF LAW in Support re:14 MOTION to Dismiss Plaintiff's Complaint . . Document filed by Apple Inc.. (Friedman, Gary) |
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| Monday, December 03, 2018 | ||
| 19 | 19
respm
Response in Opposition to Motion
Mon 12/03 8:34 PM
RESPONSE in Opposition to Motion re:14 MOTION to Dismiss Plaintiff's Complaint . . Document filed by Himelda Mendez. (Mizrahi, Joseph) |
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| Wednesday, November 21, 2018 | ||
| 18 | 18
2
pgs
order
Order on Motion to Adjourn Conference
Wed 11/21 10:36 AM
ORDER granting17 Letter Motion to Adjourn Conference. Initial Conference has been adjourned sine die. The parties have jointly propose to modify slightly the remaining briefing schedule with respect to the Defendant's Motion to Dismiss. Plaintiff's response papers will be due on December 3, 2018 and Defendant's reply will be due on Monday, December 17, 2018. (Signed by Judge Loretta A. Preska on 11/21/2018) (kv) |
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utility
Set/Reset Deadlines
Wed 11/21 10:37 AM
Set/Reset Deadlines: Responses due by 12/3/2018 Replies due by 12/17/2018. (kv) |
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| Monday, November 19, 2018 | ||
| 17 | 17
motion
Adjourn Conference
Mon 11/19 3:03 PM
LETTER MOTION to Adjourn Conference and Modify Briefing Schedule on Motion to Dismiss addressed to Judge Loretta A. Preska from Gary D. Friedman dated November 19, 2018. Document filed by Apple Inc..(Friedman, Gary) |
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| Monday, November 12, 2018 | ||
| 16 | 16
respm
Declaration in Support of Motion
Mon 11/12 5:57 PM
DECLARATION of Gary D. Friedman in Support re:14 MOTION to Dismiss Plaintiff's Complaint .. Document filed by Apple Inc..(Friedman, Gary) |
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Att: 1
Exhibit A - Plaintiff's 8/19/18 Class Action Complaint
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| 15 | 15
17
pgs
respm
Memorandum of Law in Support of Motion
Mon 11/12 5:55 PM
MEMORANDUM OF LAW in Support re:14 MOTION to Dismiss Plaintiff's Complaint . . Document filed by Apple Inc.. (Friedman, Gary) |
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| 14 | 14
2
pgs
motion
Dismiss
Mon 11/12 5:52 PM
MOTION to Dismiss Plaintiff's Complaint . Document filed by Apple Inc..(Friedman, Gary) |
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| Thursday, October 25, 2018 | ||
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notice
Notice of Case Assignment/Reassignment
Thu 10/25 11:59 AM
NOTICE OF CASE REASSIGNMENT to Judge Loretta A. Preska. Judge Richard J. Sullivan is no longer assigned to the case. (sjo) |
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| Friday, October 05, 2018 | ||
| 13 | 13
1
pgs
order
Order on Motion for Extension of Time to Answer
Sun 10/07 12:00 PM
ORDER granting12 Letter Motion for Extension of Time to Answer. IT IS HEREBY ORDERED THAT Defendant's time to answer or otherwise respond to the complaint is extended to November 12, 2018. IT IS FURTHER ORDERED THAT the initial conference scheduled for November 2, 2018 is adjourned to Friday, November 30, 2018 at 10:30 a.m. The parties shall submit their joint letter and proposed case management plan by November 20, 2018. (Apple Inc. answer due 11/12/2018.) (Signed by Judge Richard J. Sullivan on 10/5/2018) (anc) |
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| 12 | 12
motion
Extension of Time to File Answer
Fri 10/05 2:51 PM
CONSENT LETTER MOTION for Extension of Time to File Answer , move against or otherwise respond to the complaint addressed to Judge Richard J. Sullivan from Gary D. Friedman dated October 5, 2018. Document filed by Apple Inc..(Friedman, Gary) |
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utility
Set/Reset Hearings
Sun 10/07 12:01 PM
Set/Reset Hearings: Initial Conference set for 11/30/2018 at 10:30 AM before Judge Richard J. Sullivan. (anc) |
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| Thursday, September 06, 2018 | ||
| 11 | 11
2
pgs
order
Order for Initial Pretrial Conference
Fri 09/07 8:58 AM
ORDER: Initial Conference set for 11/2/2018 at 10:30 AM in Courtroom 905, 40 Foley Square, New York, NY 10007 before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 9/6/2018) (rj) |
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| 10 | 10
1
pgs
order
Order on Motion for Extension of Time to Answer
Fri 09/07 8:53 AM
ORDER granting9 Letter Motion for Extension of Time to Answer. SO ORDERED. Apple Inc. answer due 10/11/2018. (Signed by Judge Richard J. Sullivan on 9/6/2018) (rj) |
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| 9 | 9
1
pgs
motion
Extension of Time to File Answer
Thu 09/06 5:12 PM
CONSENT LETTER MOTION for Extension of Time to File Answer , move against or otherwise respond to the complaint addressed to Judge Richard J. Sullivan from Gary D. Friedman dated September 6, 2018. Document filed by Apple Inc..(Friedman, Gary) |
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| 8 | 8
misc
Rule 7.1 Corporate Disclosure Statement
Thu 09/06 5:09 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Apple Inc..(Friedman, Gary) |
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| 7 | 7
notice
Notice of Appearance
Thu 09/06 5:06 PM
NOTICE OF APPEARANCE by Allison Millie Warner on behalf of Apple Inc.. (Warner, Allison) |
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| 6 | 6
notice
Notice of Appearance
Thu 09/06 5:03 PM
NOTICE OF APPEARANCE by Gary Drew Friedman on behalf of Apple Inc.. (Friedman, Gary) |
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| 5 | 5
service
Summons Returned Executed
Thu 09/06 11:58 AM
SUMMONS RETURNED EXECUTED. Apple Inc. served on 8/21/2018, answer due 9/11/2018. Service was accepted by NORA DIDYNAL, Agent. Document filed by Himelda Mendez. (Mizrahi, Joseph) |
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| Monday, August 20, 2018 | ||
| 4 | 4
service
Summons Issued
Mon 08/20 2:17 PM
ELECTRONIC SUMMONS ISSUED as to Apple Inc.. (sj) |
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notice
Case Opening Initial Assignment Notice
Mon 08/20 2:14 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Richard J. Sullivan. 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) |
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utility
Case Designation
Mon 08/20 2:15 PM
Magistrate Judge Barbara C. Moses 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) |
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utility
Case Designated ECF
Mon 08/20 2:15 PM
Case Designated ECF. (sj) |
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| Sunday, August 19, 2018 | ||
| 3 | 3
service
Request for Issuance of Summons
Sun 08/19 11:13 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Apple Inc., re:1 Complaint. Document filed by Himelda Mendez. (Mizrahi, Joseph) |
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| 2 | 2
misc
Civil Cover Sheet
Sun 08/19 11:13 PM
CIVIL COVER SHEET filed. (Mizrahi, Joseph) |
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| 1 | 1
26
pgs
cmp
Complaint
Sun 08/19 11:13 PM
COMPLAINT against Apple Inc.. (Filing Fee $ 400.00, Receipt Number 0208-15468406)Document filed by Himelda Mendez.(Mizrahi, Joseph) |
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