Cox v. German Kitchen Center LLC et al
| Mark Cox |
| German Kitchen Center LLC and German Kitchen Center, New York, LLC |
| 1:2017cv06081 |
| August 11, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| George B. Daniels |
| Fair Labor Standards Act |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
114
ORDER: A pre-trial conference is hereby scheduled for May 8, 2024 at 10:00 a.m. SO ORDERED (Signed by Judge George B. Daniels on 4/18/2024) ( Pretrial Conference set for 5/8/2024 at 10:00 AM before Judge George B. Daniels.) (ks)
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Filing
111
MEMORANDUM DECISION AND ORDER: A pre-trial conference is hereby scheduled for March 20, 2024 at 10:00 a.m. SO ORDERED., ( Pretrial Conference set for 3/20/2024 at 10:00 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 2/21/2024) (ama)
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Filing
110
MEMORANDUM DECISION AND ORDER denying 85 Motion for Summary Judgment; granting in part and denying in part 93 Motion for Summary Judgment. Defendants' motion for summary judgment is GRANTED dismissing Plaintiff's labor claims, and DE NIED as to Plaintiff's contract claim. Plaintiff's cross-motion for summary judgment is DENIED. The Clerk of Court is directed to close the open motions at ECF Nos. 85 and 93 accordingly. SO ORDERED. (Signed by Judge George B. Daniels on 12/12/23) (yv)
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Filing
106
ORDER: The oral argument scheduled to occur on June 9, 2021 at 11:30 a.m. and shall occur as a videoconference using the Microsoft Teams platform. To optimize the quality of the video feed, only the Court and counsel for each pa rty will appear by video for the proceeding; all others will participate by telephone. Due to the limited capacity of the Microsoft Teams system, only one counsel per party may participate. Co-counsel, members of the press, and the public may access the audio feed of the conference by calling (917) 933-2166 and entering the conference ID 180842693#. ( Oral Argument set for 6/9/2021 at 11:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 6/3/2021) (mro)
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Filing
105
ORDER: The oral argument scheduled for June 9, 2021 at 11:00 am is rescheduled to 11:30 am. ( Oral Argument set for 6/9/2021 at 11:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 5/25/2021) (mro)
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Filing
104
ORDER: The Court will hear oral argument on Plaintiff's Motion for Summary Judgment, (ECF 85), and Defendant's Motion for Summary Judgment, (ECF No. 93 ), on June 9, 2021 at 11 :00 a.m., (Oral Argument set for 6/9/2021 at 11:00 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 5/12/2021) (nb)
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Filing
89
ORDER: Defendants' response to Plaintiff's motion for summary judgment, (ECF No. 85), is due March 12, 2021. Plaintiffs reply, if any, is due March 19, 2021. SO ORDERED. (Signed by Judge George B. Daniels on 3/1/2021) ( Responses due by 3/12/2021, Replies due by 3/19/2021.) (ks)
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Filing
84
ORDER: The defendants failed to identify any directive in the September 2, 2020 order with which the plaintiff failed to comply. The defendants' assertion that the plaintiff violated the Court's September 2, 2020 order by "f ailing to produce the 2014 tax returns" is meritless, frivolous and made in bad faith, as it is clear from the defendants' Document Request No. 8 and the Court's September 2, 2020 order compelling the plaintiff's response to it, that the defendants did not request 2014 tax returns and the Court's September 2, 2020 order did not compel the plaintiff to produce what was not requested. The Court finds that the plaintiff did not violate the September 2, 2020 order by "failing to produce the 2014 tax returns." The defendants request in Docket Entry No. 82, that the Court intervene, is denied. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 2/11/2021) (ks)
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Filing
81
ORDER: IT IS HEREBY ORDERED that on or before February 19, 2021, the parties shall submit their joint pretrial order to the court. That document must conform to the requirements for such an order that are found in the Individual Rules of Practice of the assigned district judge., (Pretrial Order due by 2/19/2021.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 1/29/2021) (nb)
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Filing
80
MEMORANDUM AND ORDER denying 62 Motion for Sanctions; denying 67 Motion for Sanctions. For the foregoing reasons, the defendants' motion, Docket Entry No. 62, is denied and the plaintiff's motion, Docket Entry No. 67, is denied. SO ORDERED.. (Signed by Magistrate Judge Kevin Nathaniel Fox on 12/18/2020) (ks) Modified on 12/18/2020 (ks).
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Filing
71
ORDER re: 59 Objection (non-motion) filed by Mark Cox: Plaintiff has not proffered any circumstances warranting excusal of his failure to comply with Rule 45. The Order is affirmed. Plaintiff shall comply with the Order to produce income tax returns of Mark Cox and Mark Cox Designs, Inc. upon expiration of this Court's stay of the Order on October 9, 2020. (Signed by Judge George B. Daniels on 10/6/2020) (jwh)
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Filing
65
ORDER: The stay of Plaintiff's obligation to produce income tax returns of Mark Cox and Mark Cox Designs, Inc. is extended from September 25, 2020 to October 9, 2020. SO ORDERED. (Signed by Judge George B. Daniels on 9/22/2020) (ama)
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Filing
60
ORDER granting 58 Motion to Stay: Plaintiff's motion to stay enforcement of Magistrate Judge Fox's September 2, 2020 order that Plaintiff produce income tax returns of Mark Cox and Mark Cox Designs, Inc., (ECF No. 58), is GRANTED, to the extent that Plaintiff's obligation to produce those documents is stayed until September 25, 2020. (Signed by Judge George B. Daniels on 9/10/2020) (jwh)
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Filing
56
MEMORANDUM AND ORDER granting in part and denying in part 45 Motion to Compel. For the foregoing reasons, the plaintiff's motion to compel, Docket Entry No. 45, is granted in part and denied in part. On or before September 8, 2020, the plaintiff shall respond to the subpoena in "his capacity as officer and principal of non-party Mark Cox Designs, Inc." Mayan Metzler shall be deposed in person and in accordance with the COVID-10 protocols in effect, on or before September 15, 2020. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 9/2/2020) (va)
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Filing
55
ORDER: The status conference scheduled for August 26, 2020 at 9:45 am is canceled. (Status Conference set for 8/26/2020 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 8/24/2020) (jwh)
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Filing
44
ORDER re: 42 Letter filed by German Kitchen Center, New York, LLC, German Kitchen Center LLC. By a letter dated June 12, 2020, the defendants seek to compel: (1) "Plaintiff... to answer the questions in the subpoena" issued by the defendants to Mark Cox Designs, Inc.; and (2) "Plaintiff's counsel... to depose Mayan Metzler pursuant to Rule 30(b)(4), serve Nurit Metzler personally and depose that person pursuant to Rule 45." Docket Entry No. 42. On or before June 29, 2020, the defendants shall make a motion, limited to the issues raised in their June 12, 2020 letter. The memoranda of law in support and opposition to the motion shall be no longer than 12 pages and a reply memorandum no longer than 6 pages. The defendants are on notice that failure to include a detailed "certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make disclosure or discovery in an effort to obtain it without court action," Fed. R. Civ. P. 37(a)(1), which must describe any party's proposal(s) to resolve the dispute(s) and the reasons for rejecting such proposal(s), may result in denial of the motion, with prejudice. SO ORDERED. ( Motions due by 6/29/2020.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 6/23/2020) (va)
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Filing
41
ORDER: The April 22, 2020 conference is adjourned to July 8, 2020 at 9:45 a.m. (Status Conference set for 7/8/2020 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 3/24/2020) (jwh)
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