Gregory v. Stewart's Shops Corp.
| Holly Gregory, Astrid Halten, Matthew Potter and Gregory |
| Stewart's Shops Corp. |
| 7:2014cv00033 |
| January 9, 2014 |
| US District Court for the Northern District of New York |
| Watertown Office |
| Lewis |
| Andrew T Baxter |
| Thomas J McAvoy |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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Filing 45
TEXT ORDER approving # 44 stipulation: The deadline for Stewart's Shops Corp. to answer or otherwise move in response to the # 25 amended complaint is extended to 4/15/2015. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 3/23/2015. (mae)
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Filing 44
STIPULATION re # 25 Amended Complaint by Stewart's Shops Corp.. (Anthony, William)
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Filing 43
NOTICE by Holly Gregory, Astrid Halten, Matthew Potter FLSA Consent to Join as Opt-in Plaintiff - Kevin Valik (Attachments: # 1 certificate of service)(Finn, Ryan)
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Filing 42
NOTICE by Holly Gregory, Astrid Halten, Matthew Potter FLSA Consent to Join as Opt-In Plaintiff for Amy Vooys (Attachments: # 1 George Martin opt-in, # 2 Certificate of Service)(Finn, Ryan)
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Filing 41
DECISION AND ORDER granting in part and denying in part Deft's # 29 Motion to Dismiss for Failure to State a Claim. The motion is granted in that the following claims are dismissed: Gregory's FLSA and NYLL overtime claims; Potter and Halten's FLSA and NYLL minimum wage claims; Pltfs' gap-time claims connected with general, sporadic events such as those assertd in the FAC 21 and 37; Pltfs' NYS common law paid break claims; All NYLL "call-in" claims except Gregory's claims for 11/10/13 & 10/9/13. All dismissals are without prejudice to repleading. Pltfs are granted leave to replead by 4/1/15. Signed by Senior Judge Thomas J. McAvoy on 3/1/15. (sfp, )
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Filing 40
NOTICE by Holly Gregory, Astrid Halten, Matthew Potter FLSA Consent - Opt In for Monica Kruger with certificate of service (Finn, Ryan)
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Filing 39
NOTICE by Holly Gregory, Astrid Halten, Matthew Potter FLSA Consent for Barbara R. Morrissey with Certificate of Service (Finn, Ryan)
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Minute Entry: MOTION CALENDAR held 8/11/2014 before Sr. District Judge Thomas J. McAvoy in Albany, NY: APP: None; CR: L. Tennyson; CRD/mp. Deft's # 29 MOTION to Dismiss for Failure to State a Claim - TAKEN ON SUBMIT. (cml)
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Filing 38
NOTICE by Holly Gregory, Astrid Halten, Matthew Potter FLSA Consent for Kalea Ferris with Certificate of Service (Finn, Ryan)
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TEXT NOTICE to parties advising that the pending motion for 8/11/14 is on submit basis, appearances are not required. (sfp, )
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Filing 37
REPLY to Response to Motion re # 29 MOTION to Dismiss for Failure to State a Claim Reply Memorandum of Law in Further Support filed by Stewart's Shops Corp.. (Attachments: # 1 Exhibit(s) Exhibit A)(Anthony, William)
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Filing 36
NOTICE by Holly Gregory, Astrid Halten, Matthew Potter FLSA Consent for Courtney DeMarsh, Tammy Bate, Shane McCauley and Kimberly A. Miele-Roddy with Certificate of Service (Finn, Ryan)
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Filing 35
CERTIFICATE OF SERVICE by Holly Gregory, Astrid Halten, Matthew Potter re # 34 Response in Opposition to Motion (Finn, Ryan)
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Filing 34
RESPONSE in Opposition re # 29 MOTION to Dismiss for Failure to State a Claim filed by Holly Gregory, Astrid Halten, Matthew Potter. (Attachments: # 1 Appendix Unreported Cases)(Finn, Ryan)
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Minute Entry: MOTION CALENDAR held 6/27/2014 before Sr. District Judge Thomas J. McAvoy in Binghamton, NY: APP: None; CR: V. Theleman; CRD/cml. Deft Stewart's Shops Corp.'s # 29 MOTION to Dismiss for Failure to State a Claim - ADJOURNED until 8/11/14 in Albany. (cml)
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Filing 33
TEXT ORDER granting # 32 Stipulation to adjourn Defts' # 29 Motion to Dismiss to Judge McAvoy's 8/11/14 Motion Calendar at 10 AM in Albany, NY. Response papers are due 7/24/14. Reply papers are due 7/31/14. Authorized by Senior Judge Thomas J. McAvoy on 6/5/14. (sfp, )
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Reset Deadlines: Defts' # 29 MOTION to Dismiss is adjourned to Judge McAvoy's 8/11/14 Motion Calendar at 10 AM in Albany, NY. Response to Motion due by 7/24/2014. Reply to Response to Motion due by 7/31/2014. (sfp, )
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Filing 32
STIPULATION re # 29 MOTION to Dismiss for Failure to State a Claim by Stewart's Shops Corp. submitted to Judge Hummel. (Anthony, William)
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Filing 31
TEXT ORDER: In light of the filing of the # 29 motion to dismiss, the telephonic Rule 16 conference set for 6/3/2014 and related civil case management plan deadline are hereby CANCELLED. The conference will be scheduled, if deemed necessary, after disposition of the # 29 motion. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 5/20/2014 (mae)
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Filing 30
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Stewart's Shops Corp.. (Anthony, William)
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Filing 29
MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 7/14/2014 10:00 AM in Albany before Senior Judge Thomas J. McAvoy Response to Motion due by 6/27/2014 Reply to Response to Motion due by 7/3/2014. filed by Stewart's Shops Corp.. (Attachments: # 1 Affidavit, # 2 Exhibit(s) C, # 3 Exhibit(s) D, # 4 Exhibit(s) F, # 5 Memorandum of Law, # 6 Exhibit(s) A, # 7 Exhibit(s) B, # 8 Exhibit(s) E, # 9 Exhibit(s) G) (Anthony, William)
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TEXT NOTICE of Hearing on Motion: Defendants' # 29 MOTION to Dismiss for Failure to State a Claim is placed on Judge McAvoy's 6/27/14 Motion Calendar at 10 AM in Binghamton. Response to Motion due by 6/10/2014. Reply to Response to Motion due by 6/16/2014. (sfp, )
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Filing 28
NOTICE by Holly Gregory, Astrid Halten, Matthew Potter FLSA Consent for James G. Warlikowski, Bryant E. Barksdale, Michelle Guler, James D. Dean, Jr., Elaine Papadakis and Michael Pratt with Certificate of Service (Finn, Ryan)
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Filing 27
NOTICE by Holly Gregory, Astrid Halten, Matthew Potter FLSA Consent for Johanna E. Trahan with Certificate of Service (Finn, Ryan)
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Filing 26
NOTICE by Holly Gregory, Astrid Halten, Matthew Potter FLSA Consent for Brittany Gorman with Certificate of Service (Finn, Ryan)
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Set Deadlines: Per the 9 Text Order the defendant's answer to the # 25 amended complaint is due 5/19/2014. (mae)
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Filing 25
AMENDED COMPLAINT against All Defendants filed by Holly Gregory, Matthew Potter and Astrid Halten.(Finn, Ryan) Modified on 4/18/2014 (tab).
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Filing 24
NOTICE by Holly Gregory FLSA Consent for Astrid Halten with Certificate of Service (Finn, Ryan)
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Filing 23
NOTICE by Holly Gregory FLSA Consent for Carol Gardner and Chaundra L. Harvey with Certificate of Service (Finn, Ryan)
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Filing 22
CERTIFICATE OF SERVICE by Holly Gregory FLSA Consents for Holly Gregory, Autumn Carpenter, David Lotto, Dawn Freemire, Jennifer Kellar, Jennifer Ringrose, Marcia Higgins, Matthew Potter, Michael Bellino, Rebekah Martino, Seana Stevens and Tiffany Jenkins (Finn, Ryan)
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Filing 21
NOTICE by Holly Gregory FLSA Consent for Tiffany Jenkins (Finn, Ryan)
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Filing 20
NOTICE by Holly Gregory FLSA Consent for Seana Stevens (Finn, Ryan)
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Filing 19
NOTICE by Holly Gregory FLSA Consent for Rebekah Martino (Finn, Ryan)
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Filing 18
NOTICE by Holly Gregory FLSA Consent for Michael Bellino (Finn, Ryan)
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Filing 17
NOTICE by Holly Gregory FLSA Consent for Matthew Potter (Finn, Ryan)
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Filing 16
NOTICE by Holly Gregory FLSA Consent for Marcia Higgins (Finn, Ryan)
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Filing 15
NOTICE by Holly Gregory FLSA Consent for Jennifer Ringrose (Finn, Ryan)
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Filing 14
NOTICE by Holly Gregory FLSA Consent for Jennifer Kellar (Finn, Ryan)
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Filing 13
NOTICE by Holly Gregory FLSA Consent for Dawn Freemire (Finn, Ryan)
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Filing 12
NOTICE by Holly Gregory FLSA Consent for David Lotto (Finn, Ryan)
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Filing 11
NOTICE by Holly Gregory FLSA Consent for Autumn Carpenter (Finn, Ryan)
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Filing 10
NOTICE by Holly Gregory FLSA Consent (Finn, Ryan)
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Filing 9
TEXT ORDER approving the # 8 Stipulation. Plaintiff's amended complaint shall be filed and served on or before 4/18/2014, and the defendant shall have 30 days from service of that amended complaint to answer or otherwise move. Defendant does not need to answer the # 1 complaint. The telephonic Rule 16 conference originally scheduled for 4/10/2014 is adjourned to 6/3/2014 at 11:00 a.m. before U.S. Magistrate Judge Andrew T. Baxter. Plaintiff's counsel is directed to initiate the call to chambers at 315-234-8600. The joint civil case management plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/27/2014. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 3/19/2014. (mae)
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Filing 8
STIPULATION by Stewart's Shops Corp. submitted to Judge Thomas J. McAvoy. (Anthony, William)
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Filing 7
AFFIDAVIT of Service for Summons, Complaint, General Order #25 served on Stewart's Shops Corp. on March 11, 2014, filed by Holly Gregory. (Finn, Ryan)
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***Answer due date updated for Stewart's Shops Corp. answer due 4/1/2014. (sfp, )
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Filing 6
NOTICE of Appearance by William J. Anthony on behalf of Stewart's Shops Corp. (Anthony, William)
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Filing 5
NOTICE of Appearance by Stephanie L. Goutos on behalf of Stewart's Shops Corp. (Goutos, Stephanie)
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Filing 4
NOTICE of Appearance by Peter M. Torncello on behalf of Stewart's Shops Corp. (Torncello, Peter)
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Filing 3
G.O. 25 FILING ORDER ISSUED: Rule 16 Initial Conference set for 4/10/2014 at 11:00 AM by telephone before US Magistrate Judge Andrew T. Baxter. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 4/3/2014. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (sfp, )
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Filing 2
Summons Issued as to Stewart's Shops Corp.. (sfp, )
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Filing 1
CLASS ACTION COMPLAINT against Stewart's Shops Corp. (Filing fee $400 receipt number 2809045) filed by Holly Gregory. (Attachments: # 1 Civil Cover Sheet)(sfp, )
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