This case was last updated from PACER on 12/05/2019 at 05:35:43 (UTC).

Alba v. ePlus Technology, inc.

Case Summary

On 12/04/2019 a Civil Right - Employment Discrimination case was filed by Alba against ePlus Technology, inc in the jurisdiction of U.S. District Courts, New York Southern District.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:19-CV-11134

  • Filing Date:

    12/04/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Employment Discrimination

  • Court:

    U.S. District Courts

  • Courthouse:

    New York Southern District

 

Party Details

Plaintiff

Richard Alba

Defendant

ePlus Technology, inc.

Attorney/Law Firm Details

Defendant Attorneys

John Paul Guyette

Attorney at Morgan Lewis & Bockius, LLP (NY)

101 Park Avenue

New York, NY 10178

Kimberley E. Lunetta

Attorney at Morgan, Lewis & Bockius, LLP

101 Park Avenue

New York, NY 10178

 

Court Documents

#19

(#19) STIPULATION OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(ii). (Signed by Judge Denise L. Cote on 1/16/2020) (gr) (Entered: 01/16/2020)

#18

(#18) 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, without prejudice against the defendant(s) All Parties and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Richard Alba. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Blit, Matthew) (Entered: 01/16/2020)

#17

(#17) FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - 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, without prejudice against the defendant(s) ePlus Technology, inc. and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Richard Alba. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Blit, Matthew) Modified on 1/16/2020 (tp). (Entered: 01/15/2020)

#16

(#16) ORDER: On December 27, 2019, defendant filed a motion to dismiss the complaint pursuant to Rule 12(b)(3), Fed. R. Civ. P. Under Rule 15(a)(1)(B), Fed. R. Civ. P., a plaintiff has 21 days after the service of a motion under Rule 12(b) to amend the complaint once as a matter of course. Accordingly, it is herebyORDERED that plaintiffs shall file any amended complaint by January 17, 2020. It is unlikely that plaintiffs will have a further opportunity to amend. IT IS FURTHER ORDERED that if no amended complaint is filed, plaintiffs shall file any opposition to the motion to dismiss by January 17, 2020. Defendants reply, if any, shall be filed by January 31. At the time any reply is filed, the moving party shall supply Chambers with two (2) courtesy copies of all motion papers by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, New York. (Signed by Judge Denise L. Cote on 12/30/2019) (gr) (Entered: 12/30/2019)

#15

(#15) LETTER addressed to Judge Denise L. Cote from Kimberley E. Lunetta dated December 27, 2019 re: Respectfully Requesting Oral Argument on Defendant's Motion to Dismiss. Document filed by ePlus Technology, inc..(Lunetta, Kimberley) (Entered: 12/27/2019)

14 #1

Exhibit A

#14

(#14) DECLARATION of Nicole Jackson in Support re: #12 MOTION to Dismiss the Complaint, or in the Alternative, to Transfer Venue.. Document filed by ePlus Technology, inc.. (Attachments: #1 Exhibit A)(Lunetta, Kimberley) (Entered: 12/27/2019)

#13

(#13) MEMORANDUM OF LAW in Support re: #12 MOTION to Dismiss the Complaint, or in the Alternative, to Transfer Venue. . Document filed by ePlus Technology, inc.. (Lunetta, Kimberley) (Entered: 12/27/2019)

#12

(#12) MOTION to Dismiss the Complaint, or in the Alternative, to Transfer Venue. Document filed by ePlus Technology, inc.. Responses due by 1/10/2020(Lunetta, Kimberley) (Entered: 12/27/2019)

#4

(#4) NOTICE OF APPEARANCE by Kimberley E. Lunetta on behalf of ePlus Technology, inc.. (Lunetta, Kimberley) (Entered: 12/04/2019)

#3

(#3) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent ePlus inc. for ePlus Technology, inc.. Document filed by ePlus Technology, inc..(Lunetta, Kimberley) (Entered: 12/04/2019)

#2

(#2) CIVIL COVER SHEET filed. (Lunetta, Kimberley) (Entered: 12/04/2019)

1 #5

State Court Docket

1 #4

Plaintiffs Affidavit of Service

1 #3

Summons and Complaint

1 #2

Declaration of Kleyton L. Parkhurst

1 #1

Declaration of Nicole Jackson

#1

(#1) NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 159742/2019. (Filing Fee $ 400.00, Receipt Number ANYSDC-18208719).Document filed by ePlus Technology, inc.. (Attachments: #1 Declaration of Nicole Jackson, #2 Declaration of Kleyton L. Parkhurst, #3 Summons and Complaint, #4 Plaintiffs Affidavit of Service, #5 State Court Docket)(Lunetta, Kimberley) (Entered: 12/04/2019)

15 More Documents Available

 

Docket Entries

  • 01/16/2020
  • View Court Documents
  • Docket(#19) STIPULATION OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(ii). (Signed by Judge Denise L. Cote on 1/16/2020) (gr) (Entered: 01/16/2020)

    Read MoreRead Less
  • 01/16/2020
  • View Court Documents
  • Docket(#18) 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, without prejudice against the defendant(s) All Parties and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Richard Alba. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Blit, Matthew) (Entered: 01/16/2020)

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  • 01/16/2020
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  • Docket***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Blit, Matthew. RE-FILE Document No. #17 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): 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 wet signature image) PDF. (tp) (Entered: 01/16/2020)

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  • 01/15/2020
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  • Docket(#17) FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - 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, without prejudice against the defendant(s) ePlus Technology, inc. and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Richard Alba. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Blit, Matthew) Modified on 1/16/2020 (tp). (Entered: 01/15/2020)

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  • 12/30/2019
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  • Docket(#16) ORDER: On December 27, 2019, defendant filed a motion to dismiss the complaint pursuant to Rule 12(b)(3), Fed. R. Civ. P. Under Rule 15(a)(1)(B), Fed. R. Civ. P., a plaintiff has 21 days after the service of a motion under Rule 12(b) to amend the complaint once as a matter of course. Accordingly, it is herebyORDERED that plaintiffs shall file any amended complaint by January 17, 2020. It is unlikely that plaintiffs will have a further opportunity to amend. IT IS FURTHER ORDERED that if no amended complaint is filed, plaintiffs shall file any opposition to the motion to dismiss by January 17, 2020. Defendants reply, if any, shall be filed by January 31. At the time any reply is filed, the moving party shall supply Chambers with two (2) courtesy copies of all motion papers by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, New York. (Signed by Judge Denise L. Cote on 12/30/2019) (gr) (Entered: 12/30/2019)

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  • 12/27/2019
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  • Docket(#15) LETTER addressed to Judge Denise L. Cote from Kimberley E. Lunetta dated December 27, 2019 re: Respectfully Requesting Oral Argument on Defendant's Motion to Dismiss. Document filed by ePlus Technology, inc..(Lunetta, Kimberley) (Entered: 12/27/2019)

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  • 12/27/2019
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  • Docket(#14) DECLARATION of Nicole Jackson in Support re: #12 MOTION to Dismiss the Complaint, or in the Alternative, to Transfer Venue.. Document filed by ePlus Technology, inc.. (Attachments: #1 Exhibit A)(Lunetta, Kimberley) (Entered: 12/27/2019)

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  • 12/27/2019
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  • Docket(#13) MEMORANDUM OF LAW in Support re: #12 MOTION to Dismiss the Complaint, or in the Alternative, to Transfer Venue. . Document filed by ePlus Technology, inc.. (Lunetta, Kimberley) (Entered: 12/27/2019)

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  • 12/27/2019
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  • Docket(#12) MOTION to Dismiss the Complaint, or in the Alternative, to Transfer Venue. Document filed by ePlus Technology, inc.. Responses due by 1/10/2020(Lunetta, Kimberley) (Entered: 12/27/2019)

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  • 12/16/2019
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  • Docket(#11) CERTIFICATE OF SERVICE of December 12, 2019 Notice of Initial Pretrial Conference and the Courts Individual Practices in Civil Cases served on Matthew J. Blit, Esq. on December 16, 2019. Service was made by Mail. Document filed by ePlus Technology, inc.. (Guyette, John) (Entered: 12/16/2019)

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3 More Docket Entries
  • 12/09/2019
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  • Docket(#7) JOINT LETTER MOTION for Extension of Time to File Answer and proposed briefing schedule addressed to Judge Denise L. Cote from Kimberley E. Lunetta dated December 9, 2019. Document filed by ePlus Technology, inc..(Lunetta, Kimberley) (Entered: 12/09/2019)

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  • 12/06/2019
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  • Docket(#6) NOTICE OF APPEARANCE by Jonathan Michael Weinberg on behalf of ePlus Technology, inc.. (Weinberg, Jonathan) (Entered: 12/06/2019)

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  • 12/05/2019
  • DocketCase Designated ECF. (pc) (Entered: 12/05/2019)

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  • 12/05/2019
  • DocketMagistrate Judge Ona T. Wang 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. (pc) (Entered: 12/05/2019)

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  • 12/05/2019
  • DocketCASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Denise L. Cote. 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. (pc) (Entered: 12/05/2019)

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  • 12/04/2019
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  • Docket(#5) NOTICE OF APPEARANCE by John Paul Guyette on behalf of ePlus Technology, inc.. (Guyette, John) (Entered: 12/04/2019)

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  • 12/04/2019
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  • Docket(#4) NOTICE OF APPEARANCE by Kimberley E. Lunetta on behalf of ePlus Technology, inc.. (Lunetta, Kimberley) (Entered: 12/04/2019)

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  • 12/04/2019
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  • Docket(#3) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent ePlus inc. for ePlus Technology, inc.. Document filed by ePlus Technology, inc..(Lunetta, Kimberley) (Entered: 12/04/2019)

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  • 12/04/2019
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  • Docket(#2) CIVIL COVER SHEET filed. (Lunetta, Kimberley) (Entered: 12/04/2019)

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  • 12/04/2019
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  • Docket(#1) NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 159742/2019. (Filing Fee $ 400.00, Receipt Number ANYSDC-18208719).Document filed by ePlus Technology, inc.. (Attachments: #1 Declaration of Nicole Jackson, #2 Declaration of Kleyton L. Parkhurst, #3 Summons and Complaint, #4 Plaintiffs Affidavit of Service, #5 State Court Docket)(Lunetta, Kimberley) (Entered: 12/04/2019)

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