Plaintiff Ada Alicea alleges that Defendant Circuit City Stores Inc. engages in deceptive and improper business practices with respect to its return policy and imposition of a 15% restocking fee for certain returned items because the fee is grossly disproportionate to the costs incurred by Defendant when restocking returned items.
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Date Filed
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#
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Docket Text
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| June 29, 2007 |
1
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NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 15228-07. (Filing Fee $ 350.00, Receipt Number 615541).Document filed by Circuit City Stores, Inc.(laq) Additional
attachment(s) added on 7/5/2007 (Becerra, Maribel). (Entered: July 3, 2007)
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| June 29, 2007 |
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Magistrate Judge Henry B. Pitman is so designated. (laq) (Entered: July 3, 2007)
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| June 29, 2007 |
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Case Designated ECF. (laq) (Entered: July 3, 2007)
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| July 27, 2007 |
2
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NOTICE OF APPEARANCE by Jeffrey I. Carton on behalf of Alicea (Carton, Jeffrey) (Entered: July 27, 2007)
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| July 27, 2007 |
3
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MOTION to Remand to State Court. Document filed by Alicea. (Attachments: # 1 Exhibit Exhibit A - Summons and Complaint
in Lower Court Action# 2 Exhibit Exhibit B - Order of Lower Court# 3 Text of Proposed Order Proposed Order)(Carton, Jeffrey) (Entered: July 27, 2007)
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| July 27, 2007 |
4
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REPLY MEMORANDUM OF LAW in Support re: 3 MOTION to Remand to State
Court.. Document filed by Alicea. (Carton, Jeffrey) (Entered: July 27, 2007)
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| July 27, 2007 |
5
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CERTIFICATE OF SERVICE of Motion, Affirmation in Support and Memo of Law served on Defendants on 7/27/07. Service was made by Mail. Document filed by Alicea. (Carton, Jeffrey) (Entered:
07/27/2007)
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| July 27, 2007 |
6
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CERTIFICATE OF SERVICE of Motion, Affirmation in Support, Memorandum of Law served on Defendants on 7/27/07. Service was made by Mail. Document filed by Alicea. (Carton, Jeffrey)
(Entered: July 27, 2007)
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| July 30, 2007 |
7
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NOTICE OF APPEARANCE by John Bernard Dawson on behalf of Alicea (Dawson, John) (Entered: July 30, 2007)
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| August 20, 2007 |
8
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MEMORANDUM OF LAW in Opposition re: 3 MOTION to Remand to State Court..
Document filed by Circuit City Stores, Inc.. (Parisi, Matthew) (Entered: August 20, 2007)
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| August 20, 2007 |
9
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AFFIRMATION of Dennis Mitchell Biggs in Opposition re: 3 MOTION to Remand to
State Court.. Document filed by Circuit City Stores, Inc.. (Parisi, Matthew) (Entered: August 20, 2007)
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| August 24, 2007 |
10
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JOINT STIPULATED PROTECTIVE ORDER: regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Denny Chin on 8/24/07) (db) (Entered:
08/24/2007)
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| August 27, 2007 |
11
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REPLY MEMORANDUM OF LAW in Support re: 3 MOTION to Remand to State
Court.. Document filed by Alicea. (Carton, Jeffrey) (Entered: August 27, 2007)
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| August 27, 2007 |
12
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CERTIFICATE OF SERVICE of Reply Memorandum of Law in Support of Plaintiff's Motion for Remand served on All parties on 7/27/07. Service was made by Overnight Mail. Document filed by
Alicea. (Carton, Jeffrey) (Entered: August 27, 2007)
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| August 30, 2007 |
14
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ENDORSED LETTER addressed to Judge Denny Chin from John Dawson dated 8/27/07 re: counsel for plaintiff renews its request that the briefing schedule on dft's motion to dismiss be
suspended until after the Court has ruled upon the instant motion. ENDORSEMENT: The renewed request for suspension of the briefing schedule on dft's motion to dismiss is DENIED. So
Ordered. (Signed by Judge Denny Chin on 8/30/07) (dle) (Entered: August 31, 2007)
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| September 7, 2007 |
18
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MOTION for Calvin W. Fowler, Jr. to Appear Pro Hac Vice. Document filed by Circuit City Stores, Inc. (jco) (Entered: September 10, 2007)
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| September 7, 2007 |
19
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MOTION for Turner A. Broughton to Appear Pro Hac Vice. Document filed by Circuit City Stores, Inc. (jco) (Entered: September 10, 2007)
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| September 10, 2007 |
15
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FIRST MOTION to Dismiss. Document filed by Circuit City Stores, Inc..(Parisi, Matthew) (Entered: September 10, 2007)
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| September 10, 2007 |
16
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DECLARATION of Matthew G. Parisi in Support re: 15 FIRST MOTION to Dismiss..
Document filed by Circuit City Stores, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Parisi, Matthew) (Entered: September 10, 2007)
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| September 10, 2007 |
17
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MEMORANDUM OF LAW in Support re: 15 FIRST MOTION to Dismiss.. Document filed by
Circuit City Stores, Inc.. (Parisi, Matthew) (Entered: September 10, 2007)
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| September 11, 2007 |
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CASHIERS OFFICE REMARK on 18 Motion to Appear Pro Hac Vice, 19 Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 09/07/2007, Receipt
Number 626367. (jd) (Entered: September 11, 2007)
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| September 13, 2007 |
20
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MEMO ENDORSEMENT granting 18 Motion for Calvin W. Fowler, Jr. to Appear Pro Hac
Vice. (Signed by Judge Denny Chin on 9/13/2007) (jmi) (Entered: September 14, 2007)
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| September 13, 2007 |
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Transmission to Attorney Admissions Clerk. Transmitted re: 20 Order on Motion
to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jmi) (Entered: September 14, 2007)
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| September 13, 2007 |
21
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MEMO ENDORSEMENT granting 19 Motion for Turner A. Broughton to Appear Pro Hac
Vice. (Signed by Judge Denny Chin on 9/13/2007) (jmi) (Entered: September 14, 2007)
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| September 13, 2007 |
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Transmission to Attorney Admissions Clerk. Transmitted re: 21 Order on Motion
to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jmi) (Entered: September 14, 2007)
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| October 1, 2007 |
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***REJECTION OF ATTEMPTED PAPER FILING IN ECF CASE. The following document(s) Motion for Transferin Coordination Pursuant to 25 U.S.C. 1407 and Memorandum of Law in Support by Vincent
Francone, was rejected by the Clerk's Office and must be FILED ELECTRONICALLY on the Court's ECF System. (tve) (Entered: October 10, 2007)
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| October 25, 2007 |
22
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FIRST MEMORANDUM OF LAW in Opposition re: 15 FIRST MOTION to Dismiss.. Document
filed by Alicea. (Carton, Jeffrey) (Entered: October 25, 2007)
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| October 25, 2007 |
23
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CERTIFICATE OF SERVICE of Memorandum of Law in Opposition to Defendant's Motion to Dismiss Plaintiff's Complaint served on Defendants on 10/25/07. Service was made by mail. Document filed
by Alicea. (Carton, Jeffrey) (Entered: October 25, 2007)
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| November 5, 2007 |
24
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REPLY MEMORANDUM OF LAW in Support re: 15 FIRST MOTION to Dismiss.. Document
filed by Circuit City Stores, Inc.. (Parisi, Matthew) (Entered: November 5, 2007)
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| November 14, 2007 |
25
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ENDORSED LETTER addressed to Judge Denny Chin from John B. Dawson dated 11/7/07 re: a request for the Court's permission to file the redacted version of the plaintiff's reply memorandum
with the Court. ENDORSEMENT: Approved. The unredacted reply memo shall be filed under seal. SO ORDERED (Signed by Judge Denny Chin on 11/14/07) (kco) (Entered: November 15, 2007)
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| December 14, 2007 |
27
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CERTIFIED TRUE COPY OF MDL ORDER FROM THE MDL PANEL DENYING TRANSFER that the motion, pursuant to 28 U.S.C. 1407(c), for transfer of the action to the United States District Court be, and
the same hereby is denied. The motion, pursuant to 28 U.S.C. 1407, for centralization of these three actions is denied. (Signed by MDL Panel on 12/14/07) (jco) (Entered: December 19, 2007)
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| January 22, 2008 |
28
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MEMORANDUM DECISION: For the reasons set forth above, plaintiff's motion for remand is GRANTED, and defendant's motion to dismiss is denied as moot. The case is remanded to the Supreme
Court of the State of New York, Bronx County. (Signed by Judge Denny Chin on 1/22/08) (js) (Entered: January 22, 2008)
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| January 22, 2008 |
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CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the State Court - Supreme Court of the State of New York, County of Bronx. Sent certified copy of docket entries and
remand order. Mailed via Federal Express AIRBILL # 8582-4869-7371 on 1/23/08. (js) (Entered: January 23, 2008)
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| January 29, 2008 |
29
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FIRST MEMORANDUM OF LAW in Opposition re: 3 MOTION to Remand to State
Court. and for Attorneys' Fees and Costs. Document filed by Circuit City Stores, Inc.. (Parisi, Matthew) (Entered: January 29, 2008)
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| February 1, 2008 |
30
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REPLY MEMORANDUM OF LAW in Support re: 3 MOTION to Remand to State Court.
Pltf's Reply Memorandum in Support of Pltf's Motion for Attorneys' Fees and Costs. Document filed by Alicea. (Carton, Jeffrey) (Entered: February 1, 2008)
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| February 1, 2008 |
31
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CERTIFICATE OF SERVICE of Memorandum of Law served on All Defendants on 2/1/08. Service was made by Mail. Document filed by Alicea. (Carton, Jeffrey) (Entered: February 1, 2008)
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| February 8, 2008 |
32
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MEMORANDUM DECISION: For reasons further set forth in said Order, plaintiff's motion for attorneys' fees is GRANTED. (Signed by Judge Denny Chin on 2/8/08) (db) (Entered: February 8, 2008)
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| February 12, 2008 |
33
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AFFIDAVIT of Jeffrey I. Carton in Support re: 3 MOTION to Remand to State
Court.. Document filed by Alicea. (Attachments: # 1 Exhibit "A")(Carton, Jeffrey) (Entered: February 12, 2008)
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| February 12, 2008 |
34
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CERTIFICATE OF SERVICE of Affidavit of Jeffrey I. Carton served on Defendant on 2/12/08. Service was made by Mail. Document filed by Alicea. (Carton, Jeffrey) (Entered: February 12, 2008)
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| March 3, 2008 |
35
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STIPULATION AND ORDER: It is hereby stipulated and agreed by the undersigned counsel for the parties that the pending application for attorneys' fees and costs submitted by plaintiff's
counsel has been resolved to the satisfaction of both parties. Accordingly, there is no need for the Court's to rule on this matter. So Ordered. (Signed by Judge Denny Chin on 3/3/08)
(js) (Entered: March 4, 2008)
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