1:19-CV-10345
11/06/2019
Disposed - Other Disposed
Civil Right - Other Disability Discrimination
New York Southern District
Jesse M. Furman
Mary Kay Vyskocil
Yovanny Dominguez
Gran Lux Cafe LLC
Grand Lux Cafe LLC
Bradly Gurion Marks
Attorney at The Marks Law Firm PC
175 Varick Street 3Rd Floor
New York, NY 10014
Amanda L Van Hoose Garofalo
Attorney at Baker & Hostetler LLP
45 Rockefeller Plaza
New York, NY 10111
Erin Sales
Attorney at Baker & Hostetler LLP
200 S. Orange Avenue, Suite 2300
Orlando, FL 32801
Joyce Ackerbaum Cox
Attorney at Baker & Hostetler LLP (FLA)
200 S. Orange Avenue, Suite 2300
Orlando, FL 32801
Notice of Right to Appeal
(#34) CLERK'S JUDGMENT re: #33 Memorandum & Opinion. in favor of Grand Lux Cafe LLC against Yovanny Dominguez. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated June 22, 2020, the motion to dismiss the complaint is granted, and the case is dismissed with prejudice. (Signed by Clerk of Court Ruby Krajick on 06/24/2020) (Attachments: #1 Notice of Right to Appeal) (dt) (Entered: 06/24/2020)
(#33) OPINION AND ORDER GRANTING MOTION TO DISMISS re: #25 MOTION to Dismiss the First Amended Class Action Complaint filed by Grand Lux Cafe LLC. The motion to dismiss the complaint is GRANTED, and this case is dismissed with prejudice; as further set forth herein. (Signed by Judge Mary Kay Vyskocil on 6/22/2020) (mro) Transmission to Orders and Judgments Clerk for processing. (Entered: 06/23/2020)
Exhibit B - Darden Decision
Exhibit A - Taco Bell Decision
(#32) NOTICE of Supplemental Authority. Document filed by Grand Lux Cafe LLC. (Attachments: #1 Exhibit A - Taco Bell Decision, #2 Exhibit B - Darden Decision).(Van Hoose Garofalo, Amanda) (Entered: 06/18/2020)
(#31) RESPONSE in Opposition to Motion re: #25 MOTION to Dismiss the First Amended Class Action Complaint. Response to Defendants supplemental submission. Document filed by Yovanny Dominguez..(Marks, Bradly) (Entered: 04/29/2020)
Exhibit A- Opinion
(#30) NOTICE of Supplemental Authority. Document filed by Grand Lux Cafe LLC. (Attachments: #1 Exhibit A- Opinion).(Van Hoose Garofalo, Amanda) (Entered: 04/27/2020)
(#29) REPLY MEMORANDUM OF LAW in Support re: #25 MOTION to Dismiss the First Amended Class Action Complaint. . Document filed by Grand Lux Cafe LLC..(Van Hoose Garofalo, Amanda) (Entered: 03/24/2020)
Exhibit B - NYC ID
Exhibit A - Gift Card TERMS AND CONDITIONS
(#28) FIRST MEMORANDUM OF LAW in Opposition re: #25 MOTION to Dismiss the First Amended Class Action Complaint. . Document filed by Yovanny Dominguez. (Attachments: #1 Exhibit A - Gift Card TERMS AND CONDITIONS, #2 Exhibit B - NYC ID, #3 Exhibit C - Federal Gift Card Law, #4 Exhibit D - State Gift Card Law, #5 Exhibit E - Paulson Case).(Marks, Bradly) (Entered: 03/17/2020)
(#25) MOTION to Dismiss the First Amended Class Action Complaint. Document filed by Grand Lux Cafe LLC..(Van Hoose Garofalo, Amanda) (Entered: 03/03/2020)
(#4) REQUEST FOR ISSUANCE OF SUMMONS as to Grand Lux Cafe LLC, re: #1 Complaint. Document filed by Yovanny Dominguez. (Marks, Bradly) (Entered: 11/07/2019)
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Bradly Gurion Marks to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): 'As To:' Error; the party name listed in the as to docket entry contains a typographical error. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) (Entered: 11/07/2019)
(#2) CIVIL COVER SHEET filed. (Marks, Bradly) (Entered: 11/06/2019)
(#4) REQUEST FOR ISSUANCE OF SUMMONS as to Grand Lux Cafe LLC, re: #1 Complaint. Document filed by Yovanny Dominguez. (Marks, Bradly) (Entered: 11/07/2019)
Docket(#34) CLERK'S JUDGMENT re: #33 Memorandum & Opinion. in favor of Grand Lux Cafe LLC against Yovanny Dominguez. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated June 22, 2020, the motion to dismiss the complaint is granted, and the case is dismissed with prejudice. (Signed by Clerk of Court Ruby Krajick on 06/24/2020) (Attachments: #1 Notice of Right to Appeal) (dt) (Entered: 06/24/2020)
Docket(#33) OPINION AND ORDER GRANTING MOTION TO DISMISS re: #25 MOTION to Dismiss the First Amended Class Action Complaint filed by Grand Lux Cafe LLC. The motion to dismiss the complaint is GRANTED, and this case is dismissed with prejudice; as further set forth herein. (Signed by Judge Mary Kay Vyskocil on 6/22/2020) (mro) Transmission to Orders and Judgments Clerk for processing. (Entered: 06/23/2020)
Docket(#32) NOTICE of Supplemental Authority. Document filed by Grand Lux Cafe LLC. (Attachments: #1 Exhibit A - Taco Bell Decision, #2 Exhibit B - Darden Decision).(Van Hoose Garofalo, Amanda) (Entered: 06/18/2020)
Docket(#31) RESPONSE in Opposition to Motion re: #25 MOTION to Dismiss the First Amended Class Action Complaint. Response to Defendants supplemental submission. Document filed by Yovanny Dominguez..(Marks, Bradly) (Entered: 04/29/2020)
Docket(#30) NOTICE of Supplemental Authority. Document filed by Grand Lux Cafe LLC. (Attachments: #1 Exhibit A- Opinion).(Van Hoose Garofalo, Amanda) (Entered: 04/27/2020)
Docket(#29) REPLY MEMORANDUM OF LAW in Support re: #25 MOTION to Dismiss the First Amended Class Action Complaint. . Document filed by Grand Lux Cafe LLC..(Van Hoose Garofalo, Amanda) (Entered: 03/24/2020)
Docket(#28) FIRST MEMORANDUM OF LAW in Opposition re: #25 MOTION to Dismiss the First Amended Class Action Complaint. . Document filed by Yovanny Dominguez. (Attachments: #1 Exhibit A - Gift Card TERMS AND CONDITIONS, #2 Exhibit B - NYC ID, #3 Exhibit C - Federal Gift Card Law, #4 Exhibit D - State Gift Card Law, #5 Exhibit E - Paulson Case).(Marks, Bradly) (Entered: 03/17/2020)
Docket(#27) ORDER denying as moot #16 In light of the Defendants motion to dismiss the Amended Complaint, the previously-filed motion is moot and the new motion should be briefed on the schedule set out in ECF #19. Courtesy copies of all briefing should be delivered to the Court in compliance with the Courts Individual Practices. (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz) (Entered: 03/04/2020)
Docket(#26) MEMORANDUM OF LAW in Support re: #25 MOTION to Dismiss the First Amended Class Action Complaint. . Document filed by Grand Lux Cafe LLC..(Van Hoose Garofalo, Amanda) (Entered: 03/03/2020)
Docket(#25) MOTION to Dismiss the First Amended Class Action Complaint. Document filed by Grand Lux Cafe LLC..(Van Hoose Garofalo, Amanda) (Entered: 03/03/2020)
(#4) REQUEST FOR ISSUANCE OF SUMMONS as to Grand Lux Cafe LLC, re: #1 Complaint. Document filed by Yovanny Dominguez. (Marks, Bradly) (Entered: 11/07/2019)
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Bradly Gurion Marks to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): 'As To:' Error; the party name listed in the as to docket entry contains a typographical error. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) (Entered: 11/07/2019)
Case Designated ECF. (dnh) (Entered: 11/07/2019)
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: #http://nysd.uscourts.gov/forms.php. (dnh) (Entered: 11/07/2019)
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 #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 #http://nysd.uscourts.gov/ecf_filing.php. (dnh) (Entered: 11/07/2019)
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Bradly Gurion Marks. The following case opening statistical information was erroneously selected/entered: Jury Demand code n (None). The following correction(s) have been made to your case entry: the Jury Demand code has been modified to p (Plaintiff). (dnh) (Entered: 11/07/2019)
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Bradly Gurion Marks. The party information for the following party/parties has been modified: Yovanny Dominguez, Gran Lux Cafe LLC. The information for the party/parties has been modified for the following reason/reasons: party name contains a typographical error; party text was entered in all caps. (dnh) Modified on 11/7/2019 (dnh). (Entered: 11/07/2019)
(#3) FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Gran Lux Cafe LLC, re: #1 Complaint. Document filed by Yovanny Dominguez. (Marks, Bradly) Modified on 11/7/2019 (dnh). (Entered: 11/06/2019)
(#2) CIVIL COVER SHEET filed. (Marks, Bradly) (Entered: 11/06/2019)
(#1) COMPLAINT against Gran Lux Cafe LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-17910077)Document filed by Yovanny Dominguez.(Marks, Bradly) (Entered: 11/06/2019)
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