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53 |
Filed: 3/27/2017, Entered: None |
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MEMO ENDORSEMENT on re: 52 Letter filed by Herbert Moton. ENDORSEMENT: Conference cancelled. (Signed by Judge Colleen McMahon on 3/27/2017) (ap) Modified on 3/27/2017 (ap). (Entered: 03/27/2017)
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52 |
Filed: 3/24/2017, Entered: None |
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LETTER addressed to Judge Colleen McMahon from Plaintiff's Counsel Abdul K. Hassan, Esq. dated March 24, 2017 re: Response to March 20, 2017 Order. Document filed by Herbert Moton.(Hassan, Abdul) (Entered: 03/24/2017)
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51 |
Filed: 3/24/2017, Entered: None |
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LETTER addressed to Judge Colleen McMahon from Benjamin Berkowitz dated March 24, 2017 re: Your Honor's March 20, 2017 Order. Document filed by Maplebear Inc., d/b/a Instacart.(Wong, Ryan) (Entered: 03/24/2017)
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50 |
Filed: 3/20/2017, Entered: None |
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MEMORANDUM DECISION AND ORDER DENYING PLAINTIFF'S MOTION TO RECONSIDER, VACATE, OR CERTIFY ORDER FOR INTERLOCUTORY APPEAL denying 47 Motion for Reconsideration. For the foregoing reasons, Plaintiff's motion (Dkt. No. 47) is DENIED. The Court originally scheduled a hearing for April 7 to address whether Plaintiff was seeking to voluntarily dismiss his complaint with prejudice, and to explain to him the consequences of doing so - including the fact that voluntary dismissal would not result in vacatur of the court's decision compelling arbitration and would likely result in a loss of Plaintiffs claims. See Bynum, 2016 WL 4995093, at *12 (granting a voluntary dismissal after conducting a similar hearing). However, by making this motion, it appears that Plaintiff is no longer seeking to voluntarily dismiss his complaint, and merely was seeking to alter this Court's original decision compelling arbitration. In light of that fact, the Court directs the parties to inform the Court in writing within five days whether a conference is still needed. If neither party requests a conference, it will be cancelled. The Clerk of the Court is directed to remove Dkt. No. 47 from the Court's list of pending motions. (Signed by Judge Colleen McMahon on 3/20/2017) (kgo) (Entered: 03/20/2017)
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49 |
Filed: 3/14/2017, Entered: None |
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NOTICE of Notice of Firm Name and Email Address Change. Document filed by Maplebear Inc., d/b/a Instacart. (Berkowitz, Benjamin) (Entered: 03/14/2017)
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48 |
Filed: 3/10/2017, Entered: None |
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MEMORANDUM OF LAW in Support re: 47 MOTION for Reconsideration /Vacate or in the alternative to certify Order(s) for Appeal. . Document filed by Herbert Moton. (Hassan, Abdul) (Entered: 03/10/2017)
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47 |
Filed: 3/10/2017, Entered: None |
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MOTION for Reconsideration /Vacate or in the alternative to certify Order(s) for Appeal. Document filed by Herbert Moton. Return Date set for 4/7/2017 at 10:30 AM.(Hassan, Abdul) (Entered: 03/10/2017)
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46 |
Filed: 3/3/2017, Entered: None |
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ORDER denying 45 Letter Motion to Stay. The case is NOT stayed and will be conferenced on April 7 @ 10:30 AM. (Signed by Judge Colleen McMahon on 3/3/2017) (kgo) (Entered: 03/03/2017)
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45 |
Filed: 3/2/2017, Entered: None |
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LETTER MOTION to Stay addressed to Judge Colleen McMahon from Plaintiff's Counsel Abdul K. Hassan, Esq. dated March 2, 2017. Document filed by Herbert Moton. (Attachments: # 1 Second Circuit Order - Michel v. Parts Authority, Inc.)(Hassan, Abdul) (Entered: 03/02/2017)
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44 |
Filed: 2/17/2017, Entered: None |
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MEMO ENDORSEMENT on re: 43 Letter filed by Herbert Moton. ENDORSEMENT: Conference is rescheduled for April 7, 2017 at 10:30 a.m. Plaintiff is free to move for certification - Indeed, I urge him to do so. However, the Court will consider all options noted in the mandate, including dismissal. ( Status Conference set for 4/7/2017 at 10:30 AM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 2/17/2017) (kgo) (Entered: 02/17/2017)
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43 |
Filed: 2/16/2017, Entered: None |
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LETTER addressed to Judge Colleen McMahon from Plaintiff's Counsel Abdul K. Hassan, Esq. dated February 16, 2017 re: Response to February 13, 2017 Order. Document filed by Herbert Moton.(Hassan, Abdul) (Entered: 02/16/2017)
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42 |
Filed: 2/13/2017, Entered: None |
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ORDER SCHEDULING HEARING: I am in receipt of counsels' letters (Dkt. Nos. 40, 41) regarding the mandate issued by the Second Circuit on August 3, 2016. It seems appropriate, given these submissions, to follow the procedure utilized by Judge Weinstein in the Bynum case. Therefore, this case is set for a hearing on March 3, 2017 at 11:00 a.m. Plaintiff should be prepared to testify regarding whether he wishes to voluntarily dismiss his complaint. Counsel should notify chambers of any scheduling difficulties by the end of this week. (Signed by Judge Colleen McMahon on 2/13/2017) (mro) (Entered: 02/13/2017)
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41 |
Filed: 2/10/2017, Entered: None |
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LETTER addressed to Judge Colleen McMahon from Plaintiff's Counsel Abdul K. Hassan, Esq. dated February 10, 2017 re: Response to February 6, 2017 order. Document filed by Herbert Moton. (Attachments: # 1 Second Circuit Brief - Bynum v. Maplebear Inc.)(Hassan, Abdul) (Entered: 02/10/2017)
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40 |
Filed: 2/10/2017, Entered: None |
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LETTER addressed to Judge Colleen McMahon from Alice K. Jump dated February 10, 2017 re: Response to February 6, 2017 Order. Document filed by Maplebear Inc., d/b/a Instacart. (Attachments: # 1 Exhibit A)(Jump, Alice) (Entered: 02/10/2017)
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39 |
Filed: 2/6/2017, Entered: None |
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ORDER IN RESPONSE TO COUNSEL'S LETTER: re: 38 Letter filed by Maplebear Inc., d/b/a Instacart. I have received a letter (Docket # 38) from counsel for Defendant, asking, politely (and entirely appropriately), if and when the Court intended to comply with the mandate issued by the Second Circuit on August 3, 2016, which requires this court to make some sort of determinationin the first instance. The answer is: of course I intend to comply with the mandate. That's my job. However, until this morning, when counsel's letter crossed my inbox, I never saw the mandate or had the slightest idea that it had been handed down. The docket indicates that the mandate was handed down and was "transmitted" to the Court by the Circuit last August. Sometimes we get a fax of the mandate from the Circuit. Normally (though not always), we get an email from the Second Circuit indicating that something has been handed down, which causes my deputy clerk goes on line to look for it. She prints me a hard copy because, Luddite that I am, I still read paper. There is no copy of the mandate in our chambers file on this case, which tells me that we did not get a fax from the Circuit and that my deputy clerk was not aware of its existence (had she been, she would have printed it out). Something was obviously lost in translation. For future reference, I suggest that parties who are dealing with me send me a hard copy of any order or decision that affects the conduct of a case pending before me as soon as that paper is handed down. Do not depend on anyone other than yourself to notify the court of a relevant ruling. That way, there can be no slip up. And if there is a slip up, do not wait five months to tell me that something ought to be happening in one of my cases. I take no offense at such reminders; when I was practicing law, it was up to the parties to get the attention of the judge. This matter would have been concluded long ago had I been aware of the mandate. Now, the queue is rather full of pressing matters. That said, there is plenty of time, because there is a great deal to clear up. My law clerks and I have read and read and read the mandate the light of the Court's original decision compelling arbitration. We do not understand the meaning of the sentence, "The district court should determine, in the first instance, whether the Appellant's [Defendant's] waiver of the right to arbitrate entitles the Appellant [Defendant] to termination of the existing stay and dismissal of the action, and/or whether certification under 28 U.S.C. § 1292(b) is appropriate." The parties should educate me, by letter, about what transpired in the Court of Appeals on the motion to dismiss the appeal, and explain why the Court of Appeals has asked me to make findings and to deal with certification. You should also address the issue of what procedure to follow in these letters. Please get me the requested information by the end of this week. The parties should then prepare briefs (not letters), addressing the issues I am supposed to decide. If there is a need for a hearing, it cannot be held until April, but I would like the briefing to be done by mid-March. (Signed by Judge Colleen McMahon on 2/06/2017) (ama) (Entered: 02/06/2017)
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38 |
Filed: 2/3/2017, Entered: None |
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LETTER addressed to Judge Colleen McMahon from Alice K. Jump dated February 3, 2017 re: Determination pursuant to Second Circuit Mandate. Document filed by Maplebear Inc., d/b/a Instacart.(Jump, Alice) (Entered: 02/03/2017)
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37 |
Filed: 8/3/2016, Entered: None |
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MANDATE of USCA (Certified Copy) as to 34 Notice of Appeal, filed by Herbert Moton USCA Case Number 16-0555. Appellee moves to dismiss this appeal. Upon due consideration, it is hereby ORDERED that Appellees motion is GRANTED and the appeal is DISMISSED. This Court has determined that it lacks jurisdiction over this appeal because a final order has not been issued by the district court within the meaning of 9 U.S.C. § 16(a). Green Tree Fin. Corp. v. Randolph, 531 U.S. 79, 86-87 (2000); Katz v. Cellco Partnership, 794 F.3d 341, 344 (2d Cir. 2015). The district court should determine, in the first instance, whether the Appellants waiver of the right to arbitrate entitles the Appellant to termination of the existing stay and dismissal of the action, and/or whether certification under 28 U.S.C. § 1292(b) is appropriate. We do not now decide whether dismissal of the action based on the waiver would be proper, whether such a dismissal could be appealed, or whether mandamus review would be the only means to challenge whatever district court order is ultimately entered. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 8/3/2016. (tp) (Entered: 08/03/2016)
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36 |
Filed: 3/1/2016, Entered: None |
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MEMO ENDORSEMENT on re: 35 Letter filed by Maplebear Inc., d/b/a Instacart. ENDORSEMENT: You are of course correct, but in either event both sides are talking to the wrong party. I have compelled arbitration, I have nothing more to do. If plaintiff files a notice of appeal you will move in the 2nd Circuit to dismiss it. I am not taking any action at all. (Signed by Judge Colleen McMahon on 3/1/2016) (kgo) (Entered: 03/02/2016)
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35 |
Filed: 2/29/2016, Entered: None |
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LETTER addressed to Judge Colleen McMahon from Benjamin W. Berkowitz dated February 29, 2016 re: Moton v. Maplebear, Inc. d/b/a Instacart, Action No. 1:15-cv-08879-CM. Document filed by Maplebear Inc., d/b/a Instacart.(Berkowitz, Benjamin) (Entered: 02/29/2016)
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34 |
Filed: 2/25/2016, Entered: None |
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NOTICE OF APPEAL from 32 Order on Motion to Compel Arbitration,. Document filed by Herbert Moton. Filing fee $ 505.00, receipt number 0208-12000230. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Hassan, Abdul) (Entered: 02/25/2016)
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33 |
Filed: 2/25/2016, Entered: None |
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LETTER addressed to Judge Colleen McMahon from Plaintiff's Counsel Abdul K. Hassan dated February 25, 2016 re: Plaintiff's Decision to Decline Arbitration and Pursue an Appeal as of Right. Document filed by Herbert Moton.(Hassan, Abdul) (Entered: 02/25/2016)
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32 |
Filed: 2/9/2016, Entered: None |
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MEMORANDUM DECISION AND ORDER GRANTING DEFENDANT'S MOTION TO COMPEL ARBITRATION AND STAYING PLAINTIFF'S LAWSUIT granting 7 Motion to Compel Arbitration. For the foregoing reasons, Defendant's motion to compel arbitration is granted. The Clerk of the Court is directed to remove Docket No. 7 from the Court's list of pending motions. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 2/9/2016) (kgo) (Entered: 02/09/2016)
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31 |
Filed: 2/1/2016, Entered: None |
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LETTER addressed to Judge Colleen McMahon from Alice K. Jump dated February 1, 2016 re: January 29, 2016 Order. Document filed by Maplebear Inc., d/b/a Instacart.(Jump, Alice) (Entered: 02/01/2016)
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30 |
Filed: 1/29/2016, Entered: None |
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ORDER: The Court has before it a motion to compel arbitration and to dismiss or stay Plaintiff's claims pending resolution of arbitration. I have done a substantial amount of work on that motion; however, I cannot complete my work without getting more concrete information about Plaintiff's financial status, which is missing from the record. Plaintiff is ordered to submit the attached affidavit detailing his financial standing by Friday, February 5, 2016. This can be filed under seal. The decision on the motion will be issued promptly after receipt of Plaintiff's affidavit. (Signed by Judge Colleen McMahon on 1/29/2016) (kgo) (Entered: 01/29/2016)
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29 |
Filed: 1/18/2016, Entered: None |
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REPLY MEMORANDUM OF LAW in Support re: 7 MOTION to Compel Arbitration . . Document filed by Maplebear Inc., d/b/a Instacart. (Attachments: # 1 Affidavit of Benjamin Berkowitz)(Berkowitz, Benjamin) (Entered: 01/18/2016)
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28 |
Filed: 1/4/2016, Entered: None |
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MEMORANDUM OF LAW in Opposition re: 7 MOTION to Compel Arbitration . . Document filed by Herbert Moton. (Hassan, Abdul) (Entered: 01/04/2016)
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27 |
Filed: 12/15/2015, Entered: None |
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ORDER granting 25 Letter Motion for Extension of Time. OK. (Signed by Judge Colleen McMahon on 12/15/2015) (kgo) (Entered: 12/15/2015)
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26 |
Filed: 12/14/2015, Entered: None |
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STIPULATION AND ORDER: The parties, by and through counsel, hereby stipulate and agree as follows: 1. Mr. Moton shall respond to Instacart's Motion to Compel Arbitration on or before January 4, 2016. 2. Instacart shall file its Reply in Support of Motion to Compel Arbitration on or before January 18, 2016. 3. This Stipulation may be executed in counterparts and electronic or facsimile signatures shall be deemed to be original signatures. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 12/14/2015) (kgo) (Entered: 12/14/2015)
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25 |
Filed: 12/14/2015, Entered: None |
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LETTER MOTION for Extension of Time to Submit Case Management Plan and for Adjournment of Scheduling Conference addressed to Judge Colleen McMahon from Alice Jump dated December 14, 2015. Document filed by Maplebear Inc., d/b/a Instacart.(Jump, Alice) (Entered: 12/14/2015)
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24 |
Filed: 12/9/2015, Entered: None |
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ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 21 Motion for Ryan K. M. Wong to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 12/9/2015) (kgo) (Entered: 12/09/2015)
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23 |
Filed: 12/9/2015, Entered: None |
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ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 20 Motion for Nikki Khanh Vo to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 12/9/2015) (kgo) (Entered: 12/09/2015)
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22 |
Filed: 12/9/2015, Entered: None |
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ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 19 Motion for Benjamin William Berkowitz to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 12/9/2015) (kgo) (Entered: 12/09/2015)
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21 |
Filed: 12/8/2015, Entered: None |
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MOTION for Ryan K. M. Wong to Appear Pro Hac Vice [CORRECTED MOTION]. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Maplebear Inc., d/b/a Instacart. (Attachments: # 1 Affidavit of Ryan K. M. Wong, # 2 Certificate of Good Standing from the California Supreme Court, # 3 Text of Proposed Order)(Wong, Ryan) (Entered: 12/08/2015)
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20 |
Filed: 12/8/2015, Entered: None |
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MOTION for Nikki Khanh Vo to Appear Pro Hac Vice [CORRECTED MOTION]. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Maplebear Inc., d/b/a Instacart. (Attachments: # 1 Affidavit of Nikki Khanh Vo, # 2 Certificate of Good Standing from the California Supreme Court, # 3 Text of Proposed Order)(Vo, Nikki) (Entered: 12/08/2015)
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Filed: 12/8/2015, Entered: None |
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MOTION for Benjamin William Berkowitz to Appear Pro Hac Vice [CORRECTED MOTION]. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Maplebear Inc., d/b/a Instacart. (Attachments: # 1 Affidavit of Benjamin William Berkowitz, # 2 Certificate of Good Standing from the Supreme Court of California, # 3 Text of Proposed Order)(Berkowitz, Benjamin) (Entered: 12/08/2015)
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18 |
Filed: 12/4/2015, Entered: None |
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AFFIDAVIT of Ryan K. M. Wong in Support re: 17 MOTION for Ryan K. M Wong to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11701777. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by Maplebear Inc., d/b/a Instacart. (Wong, Ryan) (Entered: 12/04/2015)
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Filed: 12/4/2015, Entered: None |
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FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Ryan K. M Wong to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11701777. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Maplebear Inc., d/b/a Instacart. (Attachments: # 1 Text of Proposed Order)(Wong, Ryan) Modified on 12/7/2015 (sdi). (Entered: 12/04/2015)
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Filed: 12/4/2015, Entered: None |
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AFFIDAVIT of Nikki Khanh Vo in Support re: 15 MOTION for Nikki Khanh Vo to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11701726. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by Maplebear Inc., d/b/a Instacart. (Vo, Nikki) (Entered: 12/04/2015)
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Filed: 12/4/2015, Entered: None |
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FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Nikki Khanh Vo to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11701726. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Maplebear Inc., d/b/a Instacart. (Attachments: # 1 Text of Proposed Order)(Vo, Nikki) Modified on 12/7/2015 (sdi). (Entered: 12/04/2015)
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Filed: 12/4/2015, Entered: None |
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AFFIDAVIT of Benjamin William Berkowitz in Support re: 13 MOTION for Benjamin William Berkowitz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11701646. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by Maplebear Inc., d/b/a Instacart. (Berkowitz, Benjamin) (Entered: 12/04/2015)
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Filed: 12/4/2015, Entered: None |
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FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Benjamin William Berkowitz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11701646. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Maplebear Inc., d/b/a Instacart. (Attachments: # 1 Text of Proposed Order)(Berkowitz, Benjamin) Modified on 12/7/2015 (sdi). (Entered: 12/04/2015)
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Filed: 12/4/2015, Entered: None |
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Maplebear Inc., d/b/a Instacart.(Jump, Alice) (Entered: 12/04/2015)
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Filed: 12/4/2015, Entered: None |
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MEMORANDUM OF LAW in Support re: 7 MOTION to Compel Arbitration . . Document filed by Maplebear Inc., d/b/a Instacart. (Jump, Alice) (Entered: 12/04/2015)
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Filed: 12/4/2015, Entered: None |
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DECLARATION of Ann Wessing in Support re: 7 MOTION to Compel Arbitration .. Document filed by Maplebear Inc., d/b/a Instacart. (Jump, Alice) (Entered: 12/04/2015)
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Filed: 12/4/2015, Entered: None |
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DECLARATION of Alice K. Jump in Support re: 7 MOTION to Compel Arbitration .. Document filed by Maplebear Inc., d/b/a Instacart. (Jump, Alice) (Entered: 12/04/2015)
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Filed: 12/4/2015, Entered: None |
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FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 7 Motion) - MOTION to Compel Arbitration . Document filed by Maplebear Inc., d/b/a Instacart. (Attachments: # 1 Declaration of Alice K. Jump in Support of Motion to Compel Arbitration, # 2 Declaration of Anne Wessing in Support of Motion to Compel Arbitration)(Jump, Alice) Modified on 12/7/2015 (db). (Entered: 12/04/2015)
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Filed: 12/4/2015, Entered: None |
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MOTION to Compel Arbitration . Document filed by Maplebear Inc., d/b/a Instacart.(Jump, Alice) (Entered: 12/04/2015)
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Filed: 11/23/2015, Entered: None |
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ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/29/2016 at 10:30 AM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 11/23/2015) (kgo) (Entered: 11/23/2015)
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Filed: 11/20/2015, Entered: None |
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SUMMONS RETURNED EXECUTED. Maplebear Inc., d/b/a Instacart served on 11/13/2015, answer due 12/4/2015. Service was accepted by NY Secretary of State. Document filed by Herbert Moton. (Hassan, Abdul) (Entered: 11/20/2015)
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Filed: 11/12/2015, Entered: None |
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ELECTRONIC SUMMONS ISSUED as to Maplebear Inc., d/b/a Instacart. (laq) (Entered: 11/12/2015)
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Save 25% on a pre-paid one year subscription. |
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3 |
Filed: 11/10/2015, Entered: None |
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REQUEST FOR ISSUANCE OF SUMMONS as to Maplebear Inc., d/b/a Instacart, re: 1 Complaint. Document filed by Herbert Moton. (Hassan, Abdul) (Entered: 11/10/2015)
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Filed: 11/10/2015, Entered: None |
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CIVIL COVER SHEET filed. (Hassan, Abdul) (Entered: 11/10/2015)
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COMPLAINT against Maplebear Inc., d/b/a Instacart. (Filing Fee $ 400.00, Receipt Number 0208-11614103)Document filed by Herbert Moton.(Hassan, Abdul) (Entered: 11/10/2015)
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