Anderson v. Fig & Olive USA, Inc.

New York Eastern District Court
Judge:	Orelia E Merchant
Case #:	1:24-cv-02352
Nature of Suit	446 Civil Rights - Amer w/Disabilities - Other
Cause	42:1201 Civil Rights (Disability)

Case Filed:

Mar 29, 2024

Docket
Parties (2)

Last checked: Thursday Sep 26, 2024 6:03 AM EDT

Defendant Fig & Olive USA, Inc.	Represented By Brianne E. Murphy Brianne Murphy contact info
Plaintiff Derrick Anderson	Represented By Mars Khaimov contact info

Docket last updated: 7 hours ago

Monday, March 10, 2025
		order Order on Motion for Extension of Time to File Mon 03/10 9:58 AM ORDER: Motion for Extension of Time to File18 is granted, notwithstanding Plaintiff's failure to state a reason for the enlargement of time request, pursuant to the undersigned's Individual Practices & Rules II. G. 1. The Court's 1/7/2025 order is amended as follows: Plaintiff shall serve an opposition on April 14, 2025; Defendant's reply, if any, is due May 26, 2025. Ordered by Judge Orelia E. Merchant on 3/10/2025. (SAD) Related: [-]
Friday, March 07, 2025
18		18 motion Extension of Time to File Document Fri 03/07 12:29 PM MOTION for Extension of Time to File and Serve Opposition to Defendant's Motion to Dismiss by Derrick Anderson. (Khaimov, Mars) Related: [-]
Thursday, February 13, 2025
17		17 misc Letter Thu 02/13 12:44 AM Letter Serving Rule 12 Motion To Dismiss by Fig & Olive USA, Inc. (Murphy, Brianne) Related: [-]
Monday, February 10, 2025
		order Order on Motion for Extension of Time to File Mon 02/10 10:13 AM ORDER: Consent Motion for Extension of Time16 is granted. Ordered by Judge Orelia E. Merchant on 2/10/2025. (SAD) Related: [-]
Friday, February 07, 2025
16		16 motion Extension of Time to File Document Fri 02/07 3:35 PM Consent MOTION for Extension of Time to File and Serve 12(b)(6) by Fig & Olive USA, Inc.. (Murphy, Brianne) Related: [-]
Tuesday, January 07, 2025
		order Order on Motion for Pre Motion Conference Tue 01/07 5:09 PM ORDER denying14 Motion for Pre-Motion Conference. The Court sets the following briefing schedule for the motion to dismiss: Defendant shall serve moving papers on Plaintiff by February 7, 2025; Plaintiff shall serve an opposition on March 10, 2025; Defendant's reply, if any, is due by March 24, 2025. As a courtesy to the Court, the Court requests that the parties refrain from filing motion papers until the motion has been fully briefed. See Individual Rules, Section III, Part F(1). Ordered by Judge Orelia E. Merchant on 1/7/2025. (SAD) Related: [-]
Monday, January 06, 2025
15		15 misc Letter Mon 01/06 3:00 PM Letter in Response to Defendant's Pre-motion Letter by Derrick Anderson (Khaimov, Mars) Related: [-]
Monday, December 30, 2024
		order Scheduling Order Mon 12/30 2:51 PM SCHEDULING ORDER: Plaintiff was required to file a pre-motion conference letter responsive to14 Second Motion for Pre-Motion Conference, in accordance with Judge Merchant's rules. Plaintiff has failed to do so. Plaintiff shall file any responsive letter by January 6, 2025. Ordered by Judge Orelia E. Merchant on 12/30/2024. (SAD) Related: [-]
Friday, December 20, 2024
14		14 motion Pre Motion Conference Fri 12/20 2:15 PM Second MOTION for pre motion conference by Fig & Olive USA, Inc.. (Murphy, Brianne) Related: [-]
Tuesday, December 17, 2024
		order Order(Other) Tue 12/17 10:04 AM ORDER: In light of12 Amended Complaint, the Court adjourns sine die the briefing schedule set on 10/07/2024 regarding Defendant's motion to dismiss. Ordered by Judge Orelia E. Merchant on 12/17/2024. (SAD) Related: [-]
Thursday, December 12, 2024
13		13 misc Status Report Thu 12/12 5:01 PM STATUS REPORT Re Mediator Selection by Fig & Olive USA, Inc. (Murphy, Brianne) Related: [-]
Friday, December 06, 2024
12		12 cmp Amended Complaint Fri 12/06 2:15 PM AMENDED COMPLAINT against Fig & Olive USA, Inc., filed by Derrick Anderson. (Khaimov, Mars) Related: [-]
Monday, December 02, 2024
		order Status Report Order Mon 12/02 1:10 PM ORDER. The parties were referred to Court-annexed mediation on 9/24/2024. They have not yet reported their choice of mediator on the Court's docket; they must do so by 12/12/2024. Ordered by Magistrate Judge Vera M. Scanlon on 12/2/2024. (SH) Related: [-]
Monday, October 07, 2024
		order Order on Motion for Pre Motion Conference Mon 10/07 4:37 PM ORDER denying11 motion for pre-motion conference: Defendant's request for a pre-motion conference is denied. No responsive letter from Plaintiff is necessary. The Court sets the following briefing schedule: Defendant shall serve its moving papers on or before November 6, 2024; Plaintiff shall serve opposition papers on or before December 6, 2024; Defendant's reply, if any, to be served and the fully briefed motion to be filed on or before December 20, 2024. As a courtesy to the Court, the Court requests that the parties refrain from filing motion papers until the motion has been fully briefed. Ordered by Judge Orelia E. Merchant on 10/7/2024. (SAD) Related: [-]
Friday, October 04, 2024
11		11 motion Pre Motion Conference Fri 10/04 6:51 PM MOTION for pre motion conference by Fig & Olive USA, Inc.. (Murphy, Brianne) Related: [-]
Tuesday, October 01, 2024
		misc Consent to Jurisdiction by US Magistrate Judge - Declined Tue 10/01 3:11 PM NOTICE to Assign District Judge: The Clerk of Court is directed to reassign this case to a district judge. (SH) Related: [-]
		utility Case Assigned/Reassigned Tue 10/01 5:06 PM Case Reassigned to Judge Orelia E. Merchant and Magistrate Judge Vera M. Scanlon. Magistrate Judge Vera M. Scanlon no longer assigned as presider to the case. 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. (DA) Related: [-]
Tuesday, September 24, 2024
		order ~Util - Set Deadlines Tue 09/24 11:45 AM SCHEDULING ORDER. The parties' discovery schedule is adopted as follows: Defendant will answer or otherwise respond to the1 Complaint by 10/4/2024. The parties will serve Rule 26(a)(1) initial disclosures by 10/18/2024. The parties will serve initial document requests and interrogatories on or before 11/1/2024. Any joinder and/or amendments of the pleadings must be made by 12/6/2024. The parties will complete fact discovery by 1/31/2025. If the parties perform expert discovery, they will serve initial disclosures by 2/7/2024; initial expert reports by 3/7/2025; and rebuttal expert reports on or before 4/4/2025. Expert discovery, including expert depositions, will be completed by 5/2/2025, and the parties will file a joint letter certifying the close of all discovery by this same date. By 1/17/2025, the parties will file a joint status letter, no more than three pages, informing the Court of the progress of discovery and whether the parties anticipate engaging in expert discovery. Upon receipt of the status letter, the Court will determine whether a status conference is needed. Ordered by Magistrate Judge Vera M. Scanlon on 9/24/2024. (CC) Related: [-]
		adr Mediation Instructions Tue 09/24 12:40 PM MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms under ADR Forms/Mediation Forms/For Counsel and Parties. Counsel are to select a mediator, contact the mediator to schedule the first mediation session, and file the name of the mediator, date, time and place (in-person or remote) of the first mediation session using the Selection of the Mediator Form on the ADR Forms website under Mediator Forms/For Counsel and Parties: https://www.nyed.uscourts.gov/adr-forms or via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators, their qualifications and contact information, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1). The Confidentiality Stipulation (in-person or remote) must be signed at or before the initial mediation session by all participants and the Mediator and returned via e-mail to nyed_adr@nyed.uscourts.gov. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms under ADR Forms/Mediation Forms/For Counsel and Parties. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms under ADR Forms/Mediation Forms/For Counsel and Parties. The Mediation Report must be submitted within two weeks following mediation session. (JR) Related: [-]
Wednesday, August 21, 2024
		minutes Initial Conference Hearing Wed 08/21 3:29 PM Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon: Initial Conference Hearing held on 8/21/2024. Mars Khaimov appeared on behalf of Plaintiff Derrick Anderson. Brianne E. Murphy appeared on behalf of Defendant Fig & Olive USA, Inc. See separate docket entry for Order issuing from this proceeding. (FTR Log #11:33-11:41) (SH) Related: [-]
Tuesday, August 13, 2024
10		10 misc Case Management Statement Tue 08/13 3:27 PM CASE MANAGEMENT STATEMENT /Joint Proposed Civil Case Management Plan (Khaimov, Mars) Related: [-]
Monday, August 05, 2024
9		9 misc Corporate Disclosure Statement Mon 08/05 6:37 PM Corporate Disclosure Statement by Fig & Olive USA, Inc. (Murphy, Brianne) Related: [-]
8		8 notice Notice of Appearance Mon 08/05 6:36 PM NOTICE of Appearance by Brianne E. Murphy on behalf of Fig & Olive USA, Inc. (notification declined or already on case) (Murphy, Brianne) Related: [-]
Wednesday, July 31, 2024
7		7 order Scheduling Order Wed 07/31 5:53 PM SCHEDULING ORDER: An Initial Conference is scheduled for 8/21/2024 at 11:30 AM before Magistrate Judge Vera M. Scanlon via ZoomGov. To gain access to the ZoomGov audio conferencing system, the parties are to dial 1-646-828-7666; enter meeting ID 16121901090 and press the pound key; when asked for a participant ID, press the pound key; and enter passcode 091622 and press the pound key. The parties must complete the attached Joint Proposed Case Management Plan (CMP) and file it on ECF no later than 8/13/2024. The Court reminds Corporate Defendant of its responsibility to file a disclosure statement under Federal Rule of Civil Procedure 7.1, if applicable, within 30 days of appearing in this action. Ordered by Magistrate Judge Vera M. Scanlon on 7/31/2024. (CC) Related: [-]
Thursday, July 11, 2024
6		6 notice Notice of Appearance Thu 07/11 7:22 PM NOTICE of Appearance by Brianne E. Murphy on behalf of Fig & Olive USA, Inc. (aty to be noticed) (Murphy, Brianne) Related: [-]
Tuesday, July 09, 2024
		order ~Util - Set Deadlines Tue 07/09 10:18 AM ORDER. Plaintiff alleges in the1 Complaint that Plaintiff was seeking information about Defendant's restaurant in New York when Plaintiff encountered difficulties on Defendant's website. In order to expedite the prosecution of this action, Plaintiff is ordered to personally serve Defendant at its New York corporate location at Fig & Olive, 10 East 52nd Street, New York, New York 10022. Plaintiff is also directed to personally serve the CEO and the Registered Agent whose addresses are available from the New York State Secretary of State. Plaintiff must file proof of service for each service by 7/22/24. In addition to the documents needed to effect service, Plaintiff is ordered to provide Defendant with a copy of the full docket, including this Order and the conference order that will be entered contemporaneously. The Court will mail copies of this Order and the full docket sheet to Alexis Blair, Fig & Olive, 254 W 31st Street, 7th floor, New York, NY 10001; Laurent Halasz, 808 Lexington Avenue, New York, NY 10021; and Fig & Olive USA, Inc., 251 Little Falls Drive, Wilmington, DE 19808. Ordered by Magistrate Judge Vera M. Scanlon on 7/9/2024. (CC) Related: [-]
Thursday, May 02, 2024
5		5 service Summons Returned Executed Thu 05/02 9:39 AM SUMMONS Returned Executed by Derrick Anderson. Fig & Olive USA, Inc. served on 5/1/2024, answer due 5/22/2024. (Khaimov, Mars) Related: [-]
Friday, March 29, 2024
4		4 2 pgs service Summons Issued Fri 03/29 2:35 PM Summons Issued as to Fig & Olive USA, Inc.. (KD) Related: [-]
3		3 misc Quality Control Check - Attorney Case Opening Fri 03/29 2:29 PM This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) Related: [-]
2		2 notice Notice of Opportunity to Consent Fri 03/29 2:26 PM Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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 is also available here:[LINK:https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program.] Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website:[LINK:https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program.] (KD) Related: [-]
1		1 cmp Complaint Fri 03/29 1:35 PM COMPLAINT Derrick Anderson against Fig & Olive USA, Inc. filing fee $ 405, receipt number ANYEDC-17722005 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Derrick Anderson. (Khaimov, Mars) Related: [-]
		Att: 1 Civil Cover Sheet,
		Att: 2 Proposed Summons
		utility Case Assigned/Reassigned Fri 03/29 2:25 PM Case Assigned to Magistrate Judge Vera M. Scanlon. 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. (KD) Related: [-]

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