This case was last updated from U.S. District Courts on 11/27/2021 at 07:53:41 (UTC).

Pittman et al v. Chick-Fil-A, Inc.

Case Summary

On September 28, 2021, Aneisha Pittman and Susan Ukpere (collectively, “Plaintiffs”), on behalf of themselves and others similarly situated, represented by Andrew Shamis of Shamis & Gentile P.A., filed a contract lawsuit against Chick-fil-A, Inc., (“Defendant” or “Chick-fil-A”), seeking declaratory relief, injunctive relief and damages along with prejudgement interest, costs and attorneys’ fees for the alleged unlawful practices of the Defendant. This case was filed in U.S. District Court in the Southern District of New York with Judge Victor Marrero presiding.

In the complaint, the Plaintiffs alleged that, “Since the beginning of the COVID-19 pandemic, Chick-fil-A has moved aggressively into the food delivery business, exploiting an opportunity presented by Americans’ reduced willingness to leave their homes. To appeal to consumers in a crowded food delivery marketplace, Chick-fil-A has promised its customers low-price delivery in its mobile application and on its website, usually in the amount of $2.99 or $3.99.”

The Plaintiffs further alleged that, “This hidden delivery upcharge makes Chick-fil-A’s promise of low-cost delivery patently false. The true delivery costs are obscured, as described above, and far exceed its express representation that its “Delivery Fee” is a flat fee of only $2.99 or $3.99.”

The Plaintiffs also alleged that, “Chick-fil-A misrepresents the nature of the delivery charges assessed on the Chick-]fil-A mobile application and the website, by issuing in-app and online marketing materials that fail to correct reasonable understandings of its low-cost delivery promises, and that misrepresent the actual costs of the delivery service.” And that “Specifically, Chick-fil-A omits and conceals material facts about the Chick-fil-A delivery service, never once informing consumers in any disclosure, at any time, that the use of the delivery service causes a substantial increase in food prices.”

There are four claims of relief laid down by the Plaintiffs. The first claim is for alleged deceptive acts or practices of N.Y. Gen. Bus. Law § 349 asserted on behalf of the New York class. The second claim is for alleged violation of New Jersey Consumer Fraud Act, N.J. Stat. Ann. § 56:8-1 et seq asserted on behalf of the New Jersey class. The third claim is for alleged breach of contract asserted on behalf of the New York Class, the New Jersey Class and the Nationwide Class. The fourth claim deals with the alleged unjust enrichment asserted on the behalf of the New York Class, the New Jersey Class, and the Nationwide Class.

In its prayer for relief, the Plaintiffs requested the Court for declaratory and injunctive relief and an order enjoining the Defendant from continuing the unlawful practices. The Plaintiffs also requested the Court for damages, including compensatory and punitive damages. Further, the Plaintiffs requested an order requiring Defendant to disgorge and make restitution of all monies it acquired by means of the unlawful practices along with prejudgement interest, costs of the suit and reasonable attorneys’ fees or any other relief that the Court deems just, proper and equitable.

This case summary may not reflect the current position of the parties to this litigation or the status of this case. Sign up to view the latest case updates and court documents.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-08041

  • Filing Date:

    09/28/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

Judge Details

Presiding Judge

Victor Marrero

 

Party Details

Plaintiffs

Aneisha Pittman

Susan Ukpere

Defendant

Chick-Fil-A, Inc.

Attorney/Law Firm Details

Plaintiff Attorney

Andrew Shamis

Attorney at Shamis & Gentile P.A.

14 N.E. 1St Ave, Ste. 705

Miami, FL 33132

Defendant Attorneys

Christopher Kelleher

Attorney at Troutman Pepper Hamilton Sanders LLP

600 Peachtree St., Suite 3000

Atlanta, GA 30308

Daniel E. Gorman

Attorney at Troutman Pepper Hamilton Sanders LLP

875 Third Avenue

New York, NY 10022

Lindsey B. Mann

Attorney at Troutman Pepper Hamilton Sanders LLP

600 Peachtree St. Ne, Suite 3000

Atlanta, GA 30308

 

Court Documents

#14

(#14) ORDER granting #13 Motion for Lindsey B. Mann to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above- captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. So Ordered.. (Signed by Judge Victor Marrero on 11/12/2021) (js) (Entered: 11/12/2021)

13 #3

Text of Proposed Order

13 #2

Exhibit Certificate of Good Standing

13 #1

Declaration of Lindsey Mann In Support of Pro Hac Vice

13 #13

Main Document

#12

(#12) ORDER FOR ADMISSION PRO HAC VICE granting #11 Motion for Christopher J. Kelleher to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys.. (Signed by Judge Victor Marrero on 10/22/2021) (kv) (Entered: 10/22/2021)

11 #3

Text of Proposed Order

11 #2

Certificate of Good Standing

11 #1

Declaration of Christopher J. Kelleher in Support of Pro Hac Vice admission

11 #11

Main Document

#10

(#10) SUMMONS RETURNED EXECUTED. Chick-Fil-A, Inc. served on 10/7/2021, answer due 12/6/2021. Service was accepted by Rene Dansby. Service was made by Legal Assistant for Chick-Fil-A, Inc.. Document filed by Aneisha Pittman; Susan Ukpere..(Shamis, Andrew) (Entered: 10/14/2021)

#9

(#9) ORDER granting #8 Letter Motion for Extension of Time to Answer re #8 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint with Consent addressed to Judge Victor Marrero from Daniel Eric Gorman dated October 11, 2021. Defendant's request for an extension of its October 28, 2021, deadline to answer, move, or otherwise respond to Plaintiffs' complaint is GRANTED. Defendant must answer, move, or respond tothe complaint no later than December 6, 2021. So Ordered. Chick-Fil-A, Inc. answer due 12/6/2021. (Signed by Judge Victor Marrero on 10/13/2021) (js) (Entered: 10/14/2021)

#8

(#8) LETTER MOTION for Extension of Time to File Answer re: #1 Complaint with Consent addressed to Judge Victor Marrero from Daniel Eric Gorman dated October 11, 2021. Document filed by Chick-Fil-A, Inc...(Gorman, Daniel) (Entered: 10/11/2021)

#5

#4

#3

#2

#1

10 More Documents Available
View All Documents

 

Docket Entries

  • 11/12/2021
  • View Court Documents
  • Docket(#14) ORDER granting #13 Motion for Lindsey B. Mann to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above- captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. So Ordered.. (Signed by Judge Victor Marrero on 11/12/2021) (js) (Entered: 11/12/2021)

    [+] Read More [-] Read Less
  • 11/12/2021
  • View Court Documents
  • Docket>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Lindsey B. Mann to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25316143. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea) (Entered: 11/12/2021)

    [+] Read More [-] Read Less
  • 11/10/2021
  • View Court Documents
  • Docket(#13) MOTION for Lindsey B. Mann to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25316143. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Chick-Fil-A, Inc.. (Attachments: #1 Declaration of Lindsey Mann In Support of Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order).(Mann, Lindsey) (Entered: 11/10/2021)

    [+] Read More [-] Read Less
  • 10/22/2021
  • View Court Documents
  • Docket(#12) ORDER FOR ADMISSION PRO HAC VICE granting #11 Motion for Christopher J. Kelleher to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys.. (Signed by Judge Victor Marrero on 10/22/2021) (kv) (Entered: 10/22/2021)

    [+] Read More [-] Read Less
  • 10/21/2021
  • View Court Documents
  • Docket>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for Christopher J. Kelleher to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25224015. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) (Entered: 10/21/2021)

    [+] Read More [-] Read Less
  • 10/20/2021
  • View Court Documents
  • Docket(#11) MOTION for Christopher J. Kelleher to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25224015. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Chick-Fil-A, Inc.. (Attachments: #1 Declaration of Christopher J. Kelleher in Support of Pro Hac Vice admission, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Kelleher, Christopher) (Entered: 10/20/2021)

    [+] Read More [-] Read Less
  • 10/14/2021
  • View Court Documents
  • Docket(#10) SUMMONS RETURNED EXECUTED. Chick-Fil-A, Inc. served on 10/7/2021, answer due 12/6/2021. Service was accepted by Rene Dansby. Service was made by Legal Assistant for Chick-Fil-A, Inc.. Document filed by Aneisha Pittman; Susan Ukpere..(Shamis, Andrew) (Entered: 10/14/2021)

    [+] Read More [-] Read Less
  • 10/13/2021
  • View Court Documents
  • Docket(#9) ORDER granting #8 Letter Motion for Extension of Time to Answer re #8 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint with Consent addressed to Judge Victor Marrero from Daniel Eric Gorman dated October 11, 2021. Defendant's request for an extension of its October 28, 2021, deadline to answer, move, or otherwise respond to Plaintiffs' complaint is GRANTED. Defendant must answer, move, or respond tothe complaint no later than December 6, 2021. So Ordered. Chick-Fil-A, Inc. answer due 12/6/2021. (Signed by Judge Victor Marrero on 10/13/2021) (js) (Entered: 10/14/2021)

    [+] Read More [-] Read Less
  • 10/11/2021
  • View Court Documents
  • Docket(#8) LETTER MOTION for Extension of Time to File Answer re: #1 Complaint with Consent addressed to Judge Victor Marrero from Daniel Eric Gorman dated October 11, 2021. Document filed by Chick-Fil-A, Inc...(Gorman, Daniel) (Entered: 10/11/2021)

    [+] Read More [-] Read Less
  • 10/11/2021
  • View Court Documents
  • Docket(#7) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Chick-Fil-A, Inc...(Gorman, Daniel) (Entered: 10/11/2021)

    [+] Read More [-] Read Less
3 More Docket Entries
  • 09/29/2021
  • View Court Documents
  • Docket(#5) CIVIL COVER SHEET filed..(Shamis, Andrew) (Entered: 09/29/2021)

    [+] Read More [-] Read Less
  • 09/29/2021
  • View Court Documents
  • Docket(#4) ELECTRONIC SUMMONS ISSUED as to Chick-Fil-A, Inc...(jgo) (Entered: 09/29/2021)

    [+] Read More [-] Read Less
  • 09/29/2021
  • DocketCase Designated ECF. (jgo) (Entered: 09/29/2021)

    [+] Read More [-] Read Less
  • 09/29/2021
  • DocketMagistrate Judge Andrew E. Krause 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. (jgo) (Entered: 09/29/2021)

    [+] Read More [-] Read Less
  • 09/29/2021
  • DocketCASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Kenneth M. Karas. 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..(jgo) (Entered: 09/29/2021)

    [+] Read More [-] Read Less
  • 09/29/2021
  • Docket***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Andrew Shamis. The following case opening statistical information was erroneously selected/entered: County code Bronx;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo) (Entered: 09/29/2021)

    [+] Read More [-] Read Less
  • 09/29/2021
  • View Court Documents
  • Docket***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Andrew Shamis to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; Basis of Jurisdiction code was not selected;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) (Entered: 09/29/2021)

    [+] Read More [-] Read Less
  • 09/28/2021
  • View Court Documents
  • Docket(#3) REQUEST FOR ISSUANCE OF SUMMONS as to Chick-Fil-A, Inc., re: #1 Complaint. Document filed by Aneisha Pittman, Susan Ukpere..(Shamis, Andrew) (Entered: 09/28/2021)

    [+] Read More [-] Read Less
  • 09/28/2021
  • View Court Documents
  • Docket(#2) FILING ERROR - SUMMONS REQUEST PDF ERROR - CIVIL COVER SHEET filed..(Shamis, Andrew) Modified on 9/29/2021 (jgo). (Entered: 09/28/2021)

    [+] Read More [-] Read Less
  • 09/28/2021
  • View Court Documents
  • Docket(#1) COMPLAINT against Chick-Fil-A, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25120058)Document filed by Aneisha Pittman, Susan Ukpere..(Shamis, Andrew) (Entered: 09/28/2021)

    [+] Read More [-] Read Less
related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where CHICK FIL A INC. is a litigant

Latest cases represented by Lawyer Christopher Kelleher

Latest cases represented by Lawyer Daniel E. Gorman

Latest cases represented by Lawyer Lindsey Bowen Mann