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Melito v. American Eagle Outfitters, Inc. et al (1:14-cv-02440-VEC)

U.S. District Court for the Southern District of New York

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Melito v. American Eagle Outfitters, Inc. et al (1:14-cv-02440-VEC)

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  • SETTLEMENT CONFERENCE ORDER: A settlement conference is scheduled for Tuesday, May 19, 2020, at 10:00 a.m. in Courtroom 219, Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. The parties are directed to review and comply with the P rocedures for Cases Referred for Settlement to Magistrate Judge Sarah Netburn, a copy of which is available on the Court's website at https://nysd.uscourts.gov/hon-sarah-netburn. The parties are strongly encouraged to engage in good-faith sett lement negotiations before the settlement conference and preferably before the submission to the Court of the Ex Parte Settlement Letters and Acknowledgment Forms, which are to be submitted by Tuesday, May 12, 2020. Should the parties resolve the l itigation before the conference date, they must notify the Court in writing immediately. (Settlement Conference set for 5/19/2020 at 10:00 AM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 2/11/2020) (ras) (Main Document 351 replaced on 2/11/2020) (ras).

  • ORDER: On Friday, January 17, 2020, the Honorable Valerie E. Caproni assigned this matter to my docket for settlement. In light of the Court's busy calendar, settlement conferences must generally be scheduled at least six to eight weeks in ad vance. The Court will likely be unable to accommodate last-minute requests for settlement conferences, and the parties should not anticipate that litigation deadlines will be adjourned in response to late requests for settlement conferences. As soo n as practicable, the parties are directed to contact Courtroom Deputy Rachel Slusher with both parties on the line, at (212) 805-0286, to schedule a settlement conference for a time when they believe it would be productive. (Signed by Magistrate Judge Sarah Netburn on 1/21/2020) (ras)

  • ORDER: WHEREAS the parties in this case and the related case Melito v. American Eagle Outfitters, Inc., 14-CV-2440, appeared before this Court for a conference; IT IS HEREBY ORDERED that Plaintiff in Bowes must file an Amended Complaint no later than February 14, 2020. Defendant in Bowes must answer or otherwise respond to the Amended Complaint no later than March 13, 2020. If Defendant files a motion to dismiss, Plaintiffs opposition is due no later than April 10, 2020, and Defendants re ply is due no later than April 24, 2020. IT IS FURTHER ORDERED that Third-Party Defendant Experian Marketing Solutions, Inc.s answer in Melito is due no later than February 7, 2020. IT IS FURTHER ORDERED that discovery in Bowes and Melito is stayed pending further order from this Court. SO ORDERED. (Amended Pleadings due by 2/14/2020, Motions due by 3/13/2020, Responses due by 4/10/2020, Replies due by 4/24/2020.) (Signed by Judge Valerie E. Caproni on 1/17/2020) (jca)

  • OPINION & ORDER re: (Document 292) MOTION to Approve Motion for Final Approval of Class Action Settlement . filed by Christina Melito, Alison Pierce, Christopher Legg, Walter Wood, (Document 267) MOTION for Attorney Fees , Costs and Service Awa rds. filed by Christina Melito, Alison Pierce, Christopher Legg, Walter Wood. The Court CERTIFIES the Settlement Class, APPROVES the Class Settlement as fair and reasonable, and DENIES in part Plaintiffs' Motion for Service Awards, Attorneys' Fees, and Costs. The Clerk of Court is respectfully directed to terminate Docket Entry Nos. 267 and 292. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/8/17) (yv)

  • MEMORANDUM OPINION & ORDER re: (Document 224) MOTION to Dismiss American Eagle Outfitters and AEO Management Co.'s Third-Party Complaint Pursuant to Rule 12(b)(6) of The Federal Rules of Civil Procedure. filed by Experian Marketing Solu tions, Inc.. For the foregoing reasons, Experians Motion to Dismiss the Third-Party Complaint is DENIED. On or before November 21, 2016, the parties must file letters of no longer than three pages discussing whether there is any reason to maintain the stay of discovery relating to claims in the Third-Party Complaint, see Dkt. 234. The Clerk of Court respectfully is directed to close Docket Entry 224. (Signed by Judge Valerie E. Caproni on 11/7/2016) (kgo)

  • MEMORANDUM OPINION AND ORDER re: (Document 123) MOTION to Dismiss, filed by Experian Marketing Solutions, Inc., (Document 124) MOTION to Strike THE CLASS ALLEGATIONS IN THE THIRD AMENDED CONSOLIDATED COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(F), 23(C)(1)(A), AND 23(D)(1)(D), filed by Experian Marketing Solutions, Inc. For the foregoing reasons, Experian's Motion to Dismiss (Dkt. 123) is GRANTED. Because Plaintiffs' claims against Experian are dismissed, Exper ian's Motion to Strike the Class Allegations in the Third Amended Consolidated Complaint (Dkt. 124) is hereby dismissed as moot. The Clerk of the Court is respectfully directed to terminate docket entries 123 and 124 under the lead case, 14-CV-02440. (As further set forth in this Order.) (Signed by Judge Valerie E. Caproni on 11/30/2015) (spo)

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Melito v. American Eagle Outfitters, Inc. et al (1:14-cv-02440-VEC)

U.S. District Court for the Southern District of New York

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