Case: Franklin v. Whole Foods

1:20-cv-04935 | U.S. District Court for the Southern District of New York

Filed Date: June 26, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

In April 2019, the plaintiff applied to work for Whole Foods' Manhattan-area delivery service. As part of their hiring procedure, Whole Foods, which is owned by Amazon, conducted a background check. Upon learning about plaintiff's criminal history, Whole Foods denied plaintiff a job, despite there being no other issues with plaintiff's application. On June 6, 2020, the plaintiff brought a class action suit against Whole Foods and Amazon. Represented by private counsel, the plaintiff brought sui…

In April 2019, the plaintiff applied to work for Whole Foods' Manhattan-area delivery service. As part of their hiring procedure, Whole Foods, which is owned by Amazon, conducted a background check. Upon learning about plaintiff's criminal history, Whole Foods denied plaintiff a job, despite there being no other issues with plaintiff's application.

On June 6, 2020, the plaintiff brought a class action suit against Whole Foods and Amazon. Represented by private counsel, the plaintiff brought suit under three state human rights laws that restrict employers' ability to deny employment on the basis of applicants' criminal histories. The plaintiff sought statutory damages, exemplary and punitive damages, injunctive and/or declaratory relief, pre-judgment and post-judgment interest, and reasonable attorneys’ fees, costs, and expenses.

In response to defendant Whole Food's September 4 motion to dismiss, the plaintiff has until September 25, 2020 to file an amended complaint. The case is ongoing.

Summary Authors

Sara Denbo (9/18/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17300199/parties/franklin-v-whole-foods-market-group-inc/


Judge(s)

Caproni, Valerie Elaine (New York)

Attorneys(s) for Plaintiff

Guldmann, Rony (New York)

Lee, C.K. (New York)

Attorneys(s) for Defendant

Hart, Grace Elizabeth (New York)

Schwartz, Jason C. (District of Columbia)

Judge(s)

Caproni, Valerie Elaine (New York)

Attorneys(s) for Plaintiff

Guldmann, Rony (New York)

Lee, C.K. (New York)

Attorneys(s) for Defendant

Hart, Grace Elizabeth (New York)

Schwartz, Jason C. (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Franklin v. Whole Foods Market Group

Sept. 11, 2020 Docket
1

Class Action Complaint

Franklin v. Whole Foods Market Group, Inc.

June 26, 2020 Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17300199/franklin-v-whole-foods-market-group-inc/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Amazon.com, Inc., Whole Foods Market Group, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-20447931)Document filed by Henry Franklin. (Attachments: # 1 Exhibit A, # 2 Exhibit B).(Lee, C.K.) (Entered: 06/26/2020)

1 Exhibit A

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2 Exhibit B

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June 26, 2020 RECAP
2

CIVIL COVER SHEET filed..(Lee, C.K.) (Entered: 06/26/2020)

June 26, 2020 PACER
3

REQUEST FOR ISSUANCE OF SUMMONS as to Whole Foods Market Group, Inc., re: 1 Complaint. Document filed by Henry Franklin..(Lee, C.K.) (Entered: 06/26/2020)

June 26, 2020 PACER
4

REQUEST FOR ISSUANCE OF SUMMONS as to Amazon.com, Inc., re: 1 Complaint. Document filed by Henry Franklin..(Lee, C.K.) (Entered: 06/26/2020)

June 26, 2020 PACER

Case Opening Initial Assignment Notice

June 29, 2020 PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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..(pne)

June 29, 2020 PACER

Magistrate Judge Debra C. Freeman 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. (pne)

June 29, 2020 PACER

Case Designation

June 29, 2020 PACER

Case Designated ECF. (pne)

June 29, 2020 PACER

Case Designated ECF

June 29, 2020 PACER
5

ELECTRONIC SUMMONS ISSUED as to Whole Foods Market Group, Inc...(pne) (Entered: 06/29/2020)

June 29, 2020 PACER
6

ELECTRONIC SUMMONS ISSUED as to Amazon.com, Inc...(pne) (Entered: 06/29/2020)

June 29, 2020 PACER
7

NOTICE OF INITIAL PRETRIAL CONFERENCE: In light of the COVID-19 situation, the Court will conduct the Initial Pretrial Conference ("IPTC") in accordance with Rule 16 of the Federal Rules of Civil Procedure on August 21, 2020 at 10:00 a.m. by teleconference. At the scheduled time, counsel for all parties should call 888-363-4749, Access code 3121171#, Security code 4935. SO ORDERED. Initial Conference set for 8/21/2020 at 10:00 AM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 6/30/2020) (kv) (Entered: 06/30/2020)

June 30, 2020 PACER
8

NOTICE OF APPEARANCE by Grace Elizabeth Hart on behalf of Amazon.com, Inc...(Hart, Grace) (Entered: 08/18/2020)

Aug. 18, 2020 PACER
9

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for JASON C. SCHWARTZ to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21215369. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Amazon.com, Inc.. (Attachments: # 1 Affidavit of Jason C. Schwartz, # 2 Exhibit A - Certificates of Good Standing, # 3 Text of Proposed Order).(Schwartz, Jason) Modified on 8/19/2020 (bcu). (Entered: 08/18/2020)

Aug. 18, 2020 PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 9 MOTION for JASON C. SCHWARTZ to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21215369. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Attorney Affidavit not notarized.;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)

Aug. 19, 2020 PACER

Notice Regarding Deficient Motion to Appear Pro Hac vice

Aug. 19, 2020 PACER
10

CONSENT LETTER addressed to Judge Valerie E. Caproni from Jason C. Schwartz dated August 19, 2020 re: adjournment of the Initial Pretrial Conference. Document filed by Amazon.com, Inc...(Hart, Grace) (Entered: 08/19/2020)

Aug. 19, 2020 PACER
11

MEMO ENDORSEMENT on re: 10 Letter filed by Amazon.com, Inc. ENDORSEMENT: The Aug. 21 initial conference is adjourned to September 11, 2020, at 11:00 A.M. Joint pre-conference submissions are due by September 3, 2020. All parties and any interested members of the public must attend by dialing 1-888-363-4749, using the access code 3121171 and the security code 4935. All attendees are advised to mute their phones when not speaking and to self-identify each time they speak. SO ORDERED. (Initial Conference set for 9/11/2020 at 11:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 8/19/2020) (jca) (Entered: 08/19/2020)

Aug. 19, 2020 PACER
12

ORDER FOR ADMISSION PRO HAC VICE: The motion of Jason C. Schwartz for admission to practice pro hac vice in the above captioned action is granted. (Signed by Judge Valerie E. Caproni on 8/19/2020) (nb) (Entered: 08/19/2020)

Aug. 19, 2020 PACER

Notice Regarding Deficient Motion to Appear Pro Hac Vice

Aug. 19, 2020 PACER
13

NOTICE OF APPEARANCE by Grace Elizabeth Hart on behalf of Whole Foods Market Group, Inc...(Hart, Grace) (Entered: 09/02/2020)

Sept. 2, 2020 PACER
14

NOTICE OF APPEARANCE by Jason C. Schwartz on behalf of Whole Foods Market Group, Inc...(Schwartz, Jason) (Entered: 09/02/2020)

Sept. 2, 2020 PACER
15

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent no corporate parent and no publicly held coporation owns 10 percent or more of its stock for Amazon.com, Inc.; Corporate Parent Amazon.Com, Inc. for Whole Foods Market Group, Inc.. Document filed by Amazon.com, Inc., Whole Foods Market Group, Inc...(Schwartz, Jason) (Entered: 09/03/2020)

Sept. 3, 2020 PACER
16

JOINT LETTER addressed to Judge Valerie E. Caproni from C. K. Lee and Jason C. Schwartz dated September 3, 2020 re: submissions in advance of initial pretrial conference. Document filed by Amazon.com, Inc., Whole Foods Market Group, Inc.. (Attachments: # 1 Exhibit A - Plaintiff's Proposed Case Management Plan & Scheduling Order, # 2 Exhibit B - A - Defendants' Proposed Case Management Plan & Scheduling Order).(Schwartz, Jason) (Entered: 09/03/2020)

Sept. 3, 2020 PACER
17

FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #18) MOTION to Dismiss / Defendants' Notice of Motion to Dismiss the Plaintiff's Amended Complaint. Document filed by Amazon.com, Inc., Whole Foods Market Group, Inc...(Schwartz, Jason) Modified on 9/8/2020 (lb). (Entered: 09/04/2020)

Sept. 4, 2020 PACER
18

MOTION to Dismiss / Defendants' Notice of Motion to Dismiss the Plaintiff's Complaint [CORRECTED]. Document filed by Amazon.com, Inc., Whole Foods Market Group, Inc...(Schwartz, Jason) (Entered: 09/04/2020)

Sept. 4, 2020 PACER
19

MEMORANDUM OF LAW in Support re: 18 MOTION to Dismiss / Defendants' Notice of Motion to Dismiss the Plaintiff's Complaint [CORRECTED]. . Document filed by Amazon.com, Inc., Whole Foods Market Group, Inc...(Schwartz, Jason) (Entered: 09/04/2020)

Sept. 4, 2020 PACER
20

DECLARATION of JASON C. SCHWARTZ in Support re: 18 MOTION to Dismiss / Defendants' Notice of Motion to Dismiss the Plaintiff's Complaint [CORRECTED].. Document filed by Amazon.com, Inc., Whole Foods Market Group, Inc.. (Attachments: # 1 Exhibit A - Screening Report, # 2 Exhibit B - Sponsor Memo).(Schwartz, Jason) (Entered: 09/04/2020)

Sept. 4, 2020 PACER
21

NOTICE OF APPEARANCE by Rony Guldmann on behalf of Henry Franklin..(Guldmann, Rony) (Entered: 09/10/2020)

Sept. 10, 2020 PACER

Telephone Conference

Sept. 11, 2020 PACER
22

ORDER: WHEREAS the parties appeared for an initial pre-trial conference on Friday, September 11, 2020; and WHEREAS the Plaintiff indicated that he will be filing an Amended Complaint by no later than Friday, September 25, 2020; IT IS HEREBY ORDERED THAT discovery is stayed pending the filing of an Amended Complaint and the resolution of a subsequent Motion to Dismiss, were one to be filed. IT IS FURTHER ORDERED THAT if the parties do decide that they wish to convene a settlement conference, they must submit a joint letter and this Court will issue a referral to Magistrate Judge Debra Freeman for a settlement conference. (Amended Pleadings due by 9/25/2020.) (Signed by Judge Valerie E. Caproni on 9/11/2020) (nb) (Entered: 09/11/2020)

Sept. 11, 2020 RECAP

Minute Entry for proceedings held before Judge Valerie E. Caproni: Telephone Conference held on 9/11/2020. Attorneys C.K. Lee and Rony Guldman present for the plaintiff. Attorneys Grace Hart and Jason Schwartz present for the defendants. Court Reporter Lisa Smith present. (anc)

Sept. 11, 2020 PACER

Notice Regarding Deficient Motion to Appear Pro Hac vice

Sept. 16, 2020 PACER
23

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for GRETA B. WILLIAMS to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21687242. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Amazon.com, Inc., Whole Foods Market Group, Inc.. (Attachments: # 1 Affidavit of Greta B. Williams, # 2 Exhibit A - Certificates of Good Standing, # 3 Text of Proposed Order).(Williams, Greta) Modified on 9/16/2020 (aea). (Entered: 09/16/2020)

Sept. 16, 2020 PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 23 MOTION for GRETA B. WILLIAMS to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21687242. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): Affidavit is not notarized. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificate of Good Standing issued within the past 30 days - attach Proposed Order.. (aea)

Sept. 16, 2020 PACER

Notice Regarding Deficient Motion to Appear Pro Hac Vice

Sept. 16, 2020 PACER
24

FIRST AMENDED COMPLAINT amending 1 Complaint against Amazon.com, Inc., Whole Foods Market Group, Inc., Cornucopia Logistics, LLC with JURY DEMAND.Document filed by Henry Franklin. Related document: 1 Complaint. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E).(Lee, C.K.) (Entered: 09/25/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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Sept. 25, 2020 RECAP
25

REQUEST FOR ISSUANCE OF SUMMONS as to Cornucopia Logistics, LLC, re: 24 Amended Complaint,. Document filed by Henry Franklin..(Lee, C.K.) (Entered: 09/25/2020)

Sept. 25, 2020 PACER
26

ELECTRONIC SUMMONS ISSUED as to Cornucopia Logistics, LLC..(pc) (Entered: 09/28/2020)

Sept. 28, 2020 PACER

Set/Reset Deadlines

Sept. 29, 2020 PACER
27

ORDER: denying as moot 18 Motion to Dismiss. IT IS HEREBY ORDERED THAT Plaintiff is to file a redlined version of its amended complaint, comparing the amended complaint to the original complaint, by no later than Wednesday, September 30, 2020. Filing a redlined version of an amended pleading is requiredby Individual Practice Rule 4(E)(i). IT IS FURTHER ORDERED THAT Defendants' motion to dismiss is hereby denied as moot. The Court of Court is respectfully requested to terminate docket entry 18. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/29/2020) (ama) (Entered: 09/29/2020)

Sept. 29, 2020 RECAP

Set/Reset Deadlines: Amended Pleadings due by 9/30/2020. (ama)

Sept. 29, 2020 PACER
28

LETTER addressed to Judge Valerie E. Caproni from C.K. Lee dated September 30, 2020 re: Redlined Version of Amended Pleadings. Document filed by Henry Franklin. (Attachments: # 1 Redlined Version of Amended Pleadings).(Lee, C.K.) (Entered: 09/30/2020)

1

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Sept. 30, 2020 PACER
29

TRANSCRIPT of Proceedings re: CONFERENCE held on 9/11/2020 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Lisa Smith, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/27/2020. Redacted Transcript Deadline set for 11/6/2020. Release of Transcript Restriction set for 1/4/2021..(McGuirk, Kelly) (Entered: 10/06/2020)

Oct. 6, 2020 PACER
30

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/11/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) (Entered: 10/06/2020)

Oct. 6, 2020 PACER
31

MOTION for GRETA B. WILLIAMS to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22071807. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Amazon.com, Inc., Whole Foods Market Group, Inc.. (Attachments: # 1 Affidavit of Greta B. Williams, # 2 Exhibit A - Certificates of Good Standing - District of Columbia and State of California, # 3 Text of Proposed Order).(Williams, Greta) (Entered: 10/09/2020)

Oct. 9, 2020 PACER

Notice Regarding Pro Hac Vice Motion

Oct. 12, 2020 PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 31 MOTION for GRETA B. WILLIAMS to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22071807. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)

Oct. 12, 2020 PACER
32

ORDER FOR ADMISSION PRO HAC VICE: granting 31 Motion for GRETA B. WILLIAMS to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 10/13/2020) (ama) (Entered: 10/13/2020)

Oct. 13, 2020 PACER
33

MOTION to Dismiss Plaintiff's Amended Complaint. Document filed by Amazon.com, Inc., Whole Foods Market Group, Inc...(Schwartz, Jason) (Entered: 10/16/2020)

Oct. 16, 2020 PACER
34

MEMORANDUM OF LAW in Support re: 33 MOTION to Dismiss Plaintiff's Amended Complaint. . Document filed by Amazon.com, Inc., Whole Foods Market Group, Inc...(Schwartz, Jason) (Entered: 10/16/2020)

Oct. 16, 2020 PACER
35

DECLARATION of Jason C. Schwartz in Support re: 33 MOTION to Dismiss Plaintiff's Amended Complaint.. Document filed by Amazon.com, Inc., Whole Foods Market Group, Inc.. (Attachments: # 1 Exhibit A- Screening Report, # 2 Exhibit B- NY FCRA Sponsor Memo.).(Schwartz, Jason) (Entered: 10/16/2020)

Oct. 16, 2020 PACER
36

SUMMONS RETURNED EXECUTED. Cornucopia Logistics, LLC served on 10/15/2020, answer due 11/5/2020. Document filed by Henry Franklin..(Lee, C.K.) (Entered: 10/20/2020)

Oct. 20, 2020 PACER
37

MEMORANDUM OF LAW in Opposition re: 33 MOTION to Dismiss Plaintiff's Amended Complaint. . Document filed by Henry Franklin..(Lee, C.K.) (Entered: 10/30/2020)

Oct. 30, 2020 PACER
38

NOTICE OF APPEARANCE by Evan Benjamin Citron on behalf of Cornucopia Logistics, LLC..(Citron, Evan) (Entered: 11/03/2020)

Nov. 3, 2020 PACER
39

LETTER MOTION for Extension of Time to File Answer to Plaintiff's Complaint addressed to Judge Valerie E. Caproni from Evan B. Citron dated November 3, 2020. Document filed by Cornucopia Logistics, LLC..(Citron, Evan) (Entered: 11/03/2020)

Nov. 3, 2020 PACER
40

ORDER granting 39 LETTER MOTION for Extension of Time to File Answer to Plaintiff's Complaint. Defendant Cornucopia Logistics, LLC time to answer, move, or otherwise respond to the First Amended Complaint is hereby adjourned to Tuesday, November 24, 2020. SO ORDERED. Cornucopia Logistics, LLC answer due 11/24/2020. (Signed by Judge Valerie E. Caproni on 11/4/2020) (jca) (Entered: 11/04/2020)

Nov. 4, 2020 PACER
41

REPLY MEMORANDUM OF LAW in Support re: 33 MOTION to Dismiss Plaintiff's Amended Complaint. . Document filed by Amazon.com, Inc., Whole Foods Market Group, Inc...(Schwartz, Jason) (Entered: 11/06/2020)

Nov. 6, 2020 PACER
42

MOTION to Dismiss the Amended Complaint. Document filed by Cornucopia Logistics, LLC..(Citron, Evan) (Entered: 11/24/2020)

Nov. 24, 2020 PACER
43

MEMORANDUM OF LAW in Support re: 42 MOTION to Dismiss the Amended Complaint. . Document filed by Cornucopia Logistics, LLC..(Citron, Evan) (Entered: 11/24/2020)

Nov. 24, 2020 PACER
44

AFFIRMATION of Evan B. Citron in Support re: 42 MOTION to Dismiss the Amended Complaint.. Document filed by Cornucopia Logistics, LLC..(Citron, Evan) (Entered: 11/24/2020)

Nov. 24, 2020 PACER
45

MEMORANDUM OF LAW in Opposition re: 42 MOTION to Dismiss the Amended Complaint. . Document filed by Henry Franklin..(Lee, C.K.) (Entered: 12/04/2020)

Dec. 4, 2020 PACER
46

REPLY MEMORANDUM OF LAW in Support re: 42 MOTION to Dismiss the Amended Complaint. . Document filed by Cornucopia Logistics, LLC..(Citron, Evan) (Entered: 12/11/2020)

Dec. 11, 2020 PACER
47

ORDER:IT IS HEREBY ORDERED that by no later than Friday, August 6, 2021, Cornucopia must provide the Court the identities of its members and their respective citizenships (if any member is itself an LLC, Cornucopia must similarly provide the identities of the members of that LLC and their respective citizenships); IT IS FURTHER ORDERED that if one or more of Cornucopia's members is a citizen of New York, then by no later than Friday, August 20, 2021, Plaintiff must show cause why this case should not be dismissed without prejudice for lack of subject-matter jurisdiction; if Plaintiff argues that the case should not be dismissed, Defendants must respond no later than Friday, September 3, 2021. IT IS FURTHER ORDERED that until the Court determines that it has subject-matter jurisdiction over this matter, Defendants' Motions to Dismiss the FAC, see Dkts. 33, 42, are stayed. The Clerk of Court is respectfully directed to stay the open motions at docket entries 33 and 42. ( Show Cause Response due by 9/3/2021.), Motions terminated: 33 MOTION to Dismiss Plaintiff's Amended Complaint. filed by Whole Foods Market Group, Inc., Amazon.com, Inc., 42 MOTION to Dismiss the Amended Complaint. filed by Cornucopia Logistics, LLC. (Signed by Judge Valerie E. Caproni on 7/30/2021) (tro) (Entered: 07/30/2021)

July 30, 2021 PACER
48

LETTER addressed to Judge Valerie E. Caproni from Evan B. Citron dated August 6, 2021 re: Identities of Defendant's Members and Respective Citizenships. Document filed by Cornucopia Logistics, LLC..(Citron, Evan) (Entered: 08/06/2021)

Aug. 6, 2021 PACER
49

LETTER addressed to Judge Valerie E. Caproni from C.K. Lee dated August 17, 2021 re: CAFA Jurisdiction. Document filed by Henry Franklin. (Attachments: # 1 Exhibit A, # 2 Exhibit B).(Lee, C.K.) (Entered: 08/17/2021)

Aug. 17, 2021 PACER
50

LETTER addressed to Judge Valerie E. Caproni from Jason C. Schwartz dated September 3, 2021 re: subject matter jurisdiction. Document filed by Amazon.com, Inc., Whole Foods Market Group, Inc...(Schwartz, Jason) (Entered: 09/03/2021)

Sept. 3, 2021 PACER
51

LETTER addressed to Judge Valerie E. Caproni from Evan B. Citron dated September 3, 2021 re: Subject Matter Jurisdiction. Document filed by Cornucopia Logistics, LLC..(Citron, Evan) (Entered: 09/03/2021)

Sept. 3, 2021 PACER
52

OPINION AND ORDER: For the reasons discussed above, Defendants' motion to dismiss is DENIED. The Court will refer the parties to the Court-annexed Mediation Program by separate order. The Clerk of Court is respectfully directed to terminate the open motions at docket entries 33 and 42. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/26/2022) (tg) (Entered: 01/26/2022)

Jan. 26, 2022 RECAP
53

ORDER OF AUTOMATIC REFERRAL TO MEDIATION (See M-10-468 Second Amended Standing Order). Please reference the Pilot Discovery Protocols, attached, and the Mediation Program Procedures (https://nysd.uscourts.gov/programs/mediation-adr). E-mail MediationOffice@nysd.uscourts.gov, telephone 212-805-0643. Mediator to be Assigned by 2/7/2022. (Signed by Judge Loretta A. Preska on 10/1/2015) (jpt) (Entered: 01/27/2022)

Jan. 27, 2022 PACER

Notice of Mediator Assignment

Jan. 31, 2022 PACER

NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 3/2/2022.(ah)

Jan. 31, 2022 PACER
54

ANSWER to 24 Amended Complaint,. Document filed by Cornucopia Logistics, LLC..(Citron, Evan) (Entered: 02/09/2022)

Feb. 9, 2022 PACER
55

ANSWER to 24 Amended Complaint,. Document filed by Amazon.com, Inc., Whole Foods Market Group, Inc...(Williams, Greta) (Entered: 02/09/2022)

Feb. 9, 2022 PACER

FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 4/12/2022 at 10:00 AM in telephone or video conference.(rpr)

March 2, 2022 PACER

Mediation Conference Scheduled/Re-Scheduled

March 2, 2022 PACER

Mediation Conference Scheduled

March 2, 2022 PACER
56

JOINT LETTER addressed to Judge Valerie E. Caproni from C.K. Lee dated March 9, 2022 re: Case Management Plan. Document filed by Henry Franklin. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D).(Lee, C.K.) (Entered: 03/09/2022)

March 9, 2022 PACER
57

MEMO ENDORSEMENT on re: 56 Letter filed by Henry Franklin. ENDORSEMENT: A status conference in this matter is hereby scheduled for Wednesday, April 6, 2022 at 11:00 A.M. The conference will be held in Courtroom 443 of the Thurgood Marshall United States Courthouse, located at 40 Foley Square, New York, New York 10007. Per the SDNY COVID-19 COURTHOUSE ENTRY PROGRAM, any person who appears at any SDNY courthouse must complete a questionnaire. Only those individuals who meet the entry requirements established by the questionnaire will be permitted entry. Additionally, any person who appears at any SDNY courthouse must comply with Standing Order M10-468 (21-MC-164), which further pertains to courthouse entry. SO ORDERED. ( Status Conference set for 4/6/2022 at 11:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 3/9/2022) (tg) (Entered: 03/11/2022)

March 9, 2022 PACER
58

Notice (Other)

April 5, 2022 PACER

Status Conference

April 6, 2022 PACER
59

ORDER: IT IS HEREBY ORDERED that, for the reasons stated at the conference, discovery is bifurcated into individual and class components. The Court will enter a Case Management Plan ("CMP") by separate order; the discovery deadlines in the CMP relate only to the individual claims of the named Plaintiff. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/6/2022) (tg)

April 6, 2022 RECAP
60

Case Management Plan

April 6, 2022 PACER

Status Conference

April 7, 2022 PACER
61

Transcript

April 14, 2022 PACER
62

Notice of Filing Transcript

April 14, 2022 PACER
64

Letter

April 22, 2022 PACER
65

STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Valerie E. Caproni on 4/22/2022) (tg)

April 22, 2022 RECAP

Notice of Redesignation to Magistrate Judge

April 28, 2022 PACER
66

Motion for Discovery

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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3 Exhibit Exhibit C

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4 Exhibit Exhibit D

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May 10, 2022 RECAP
67

ORDER denying without prejudice 66 Letter Motion for Discovery. Application DENIED without prejudice. Plaintiff's motion to quash is not in compliance with the Court's Individual Practices with respect to discovery disputes. See Rule 3(B) of the Undersigned's Individual Practices in Civil Cases. Plaintiff is welcome to re-raise the discovery dispute with the Court in compliance with Rule 3(B), which requires that Plaintiff's counsel first meet and confer in good faith with opposing counsel, among other requirements. The Clerk of Court is respectfully directed to close the open motion at docket entry 66. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/10/2022) (tg) Modified on 5/10/2022 (tg).

May 10, 2022 RECAP

State / Territory: New York

Case Type(s):

Equal Employment

Key Dates

Filing Date: June 26, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

An individual job applicant who was denied employment based on criminal history seeking to represent a class of similarly situated individuals

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Whole Foods Market Group, Inc. , Private Entity/Person

Amazon.com, Inc., Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action:

State law

State Anti-Discrimination Law

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Discrimination-area:

Hiring