Arellano et al v. Hershko et al
| Fernando Arellano, Jose Luis Hernandez, Melissa Bach and David Anderson |
| Dawn Hershko, Dawn Ziccardi, The 22 S. LLC doing business as The Playhouse Market and 22 S. Broadway LLC |
| Isaac Hershko |
| Harvey Weisman, Bo Weisman, Yifei Chang and The 22 S. LLC |
| 7:2014cv08141 |
| October 9, 2014 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Westchester |
| Judith C McCarthy |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Both |
Docket Report
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| Filing 80 SETTLEMENT AGREEMENT Fully Executed by the Parties. Document filed by The 22 S. LLC, Bo Weisman, Harvey Weisman. (Attachments: #1 Fully Executed Settlement Agreement)(Nardo, Raymond) |
Filing 79
ORDER re: #78 Settlement Agreement, filed by Fernando Arellano, David Anderson, Melissa Bach, Jose Luis Hernandez, #77 Letter, filed by Fernando Arellano, David Anderson, Melissa Bach, Jose Luis Hernandez. Accordingly, the Court approves the settlement and dismisses this action with prejudice. The Clerk is respectfully requested to close the case. (Signed by Magistrate Judge Judith C. McCarthy on 4/15/2016) (rj)
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| Filing 78 SETTLEMENT AGREEMENT Declaration with Exhibits. Document filed by David Anderson, Fernando Arellano, Melissa Bach, Jose Luis Hernandez. (Attachments: #1 Exhibit SSMP Billing No. 937 Arellano, #2 Exhibit SSMP Billing No. 49 Hernandez, #3 Exhibit SSMP Billing No. 50 Bach, #4 Exhibit SSMP Billing No. 51 Anderson)(Tonne-Daims, Elizabeth) |
| Filing 77 JOINT LETTER addressed to Magistrate Judge Judith C. McCarthy from Elizabeth Tonne-Daims dated April 8, 2016 re: Joint Letter Regarding Settlement. Document filed by David Anderson, Fernando Arellano, Melissa Bach, Jose Luis Hernandez.(Tonne-Daims, Elizabeth) |
| Filing 76 NOTICE OF APPEARANCE by Elbert Nasis on behalf of 22 S. Broadway LLC, Dawn Hershko, Isaac Hershko. (Nasis, Elbert) |
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Filing 75
MEMO ENDORSEMENT on re: #74 Settlement Agreement, filed by Fernando Arellano, David Anderson, Melissa Bach, Jose Luis Hernandez. ENDORSEMENT: The parties must submit to the Court by April 14, 2016 a joint letter setting forth their views as to why this settlement is fair and reasonable and should be approved. In addition, "counsel needs to provide a factual basis for [their requested] fee award that should include some reference to contemporaneous time records" so the Court can assess the reasonableness of the fee award. Thallapaka v. Sheridan Hotel Assocs., No. 15CV1321, 2015 WL 5148867, at *2-3 (S.D.N.Y. 2015). So Ordered. (Signed by Magistrate Judge Judith C. McCarthy on 4/5/16) (yv) Modified on 5/9/2016 (yv).
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| Filing 74 SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS BROUGHT PURSUANT TO FAIR LABOR STANDARDS ACT AND NEW YORK STATE LABOR LAW AND ALL EMPLOYMENT RELATED CLAIMS OF PLAINTIFFS AND DEFENDANTS. Document filed by David Anderson, Fernando Arellano, Melissa Bach, Jose Luis Hernandez. (Attachments: #1 Letter to Judge explaining missing signature page)(Diamantopoulos, George) |
| Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy: Telephone Conference held on March 14, 2016. The parties shall submit their proposed settlement agreement to the Court by March 23, 2016. (jah) |
| Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy: Telephone Conference held on February 29, 2016. The parties are directed to appear for a telephone conference on March 14, 2016, at 11:00 a.m. All parties shall be on the line before contacting Chambers. (jah) |
| Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy: Telephone Conference held on January 13, 2016. (1) Weisman Defendants shall respond to plaintiffs' requests to admit and interrogatories by January 29, 2016; (2) non-expert depositions shall be completed by March 1, 2016, and (3) the next telephone conference is scheduled for February 29, 2016 at 11:00 a.m. before Magistrate Judge Judith C. McCarthy. Counsel shall have all parties on the line before contacting Chambers. (jah) |
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Filing 73
ORDER granting #69 Letter Motion for Extension of Time to Complete Discovery. The parties are directed to confer prior to the January 13, 2016 Telephone Conference and to be prepared to discuss a brief extension of the discovery schedule. (HEREBY ORDERED by Magistrate Judge Judith C. McCarthy)(Text Only Order) (McCarthy, Judith)
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| Filing 72 NOTICE OF APPEARANCE by Raymond Nardo on behalf of The 22 S. LLC, Bo Weisman, Harvey Weisman. (Nardo, Raymond) |
| Filing 71 LETTER addressed to Magistrate Judge Judith C. McCarthy from Keith J. Frank dated January 7, 2016 re: Letter in Response to Plaintiff Counsel's January 7, 20116 submission. Document filed by 22 S. Broadway LLC, Dawn Hershko, Isaac Hershko.(Frank, Keith) |
| Filing 70 LETTER RESPONSE to Motion addressed to Magistrate Judge Judith C. McCarthy from George Diamantopoulos dated January 7, 2016 re: #69 LETTER MOTION for Extension of Time to Complete Discovery until February 29, 2015 addressed to Magistrate Judge Judith C. McCarthy from RAYMOND NARDO, Esq. dated 01/06/2016. LETTER MOTION for Extension of Time to File Discovery Responses addressed to Magistrate Judge Judith C. McCarthy from RAYMOND NARDO, Esq. dated 01/06/2016. . Document filed by David Anderson, Fernando Arellano, Melissa Bach, Jose Luis Hernandez. (Attachments: #1 Email attachment)(Diamantopoulos, George) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Raymond Nardo to E-MAIL Document No. #68 Stipulation to judgments@nysd.uscourts.gov. This document is not filed via ECF. (db) |
| Filing 69 LETTER MOTION for Extension of Time to Complete Discovery until February 29, 2015 addressed to Magistrate Judge Judith C. McCarthy from RAYMOND NARDO, Esq. dated 01/06/2016., LETTER MOTION for Extension of Time to File Discovery Responses addressed to Magistrate Judge Judith C. McCarthy from RAYMOND NARDO, Esq. dated 01/06/2016. Document filed by The 22 S. LLC, Bo Weisman, Harvey Weisman.(Nardo, Raymond) |
| Filing 68 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MOTION to Substitute Attorney. Old Attorney: John Vincent O'Connor, New Attorney: Raymond Nardo Stipulation. Document filed by The 22 S. LLC, Bo Weisman, Harvey Weisman.(Nardo, Raymond) Modified on 1/7/2016 (db). |
| Filing 67 NOTICE OF APPEARANCE by Raymond Nardo on behalf of The 22 S. LLC, Bo Weisman, Harvey Weisman. (Nardo, Raymond) |
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Filing 66
ORDER granting #65 Letter Motion for Discovery. Defendants Harvey Weisman, Bo Weisman and The 22 S LLC must respond to the outstanding discovery by January 6, 2016. John V. O'Connor remains attorney of record on this matter for Defendants Harvey Weisman, Bo Weisman and The 22 S LLC until he is properly relieved as counsel by order of the Court, pursuant to Local Civil Rule 1.4 of the Local Rules of the United States District Courts for the Southern and Eastern Districts of New York. (HEREBY ORDERED by Magistrate Judge Judith C. McCarthy)(Text Only Order) (McCarthy, Judith)
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| Filing 65 LETTER MOTION for Discovery by Plaintiffs addressed to Magistrate Judge Judith C. McCarthy from George Diamantopoulos dated December 22, 2015. Document filed by David Anderson, Fernando Arellano, Melissa Bach, Jose Luis Hernandez.(Diamantopoulos, George) |
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Filing 64
ORDER: The Court, on December 18, 2015, received an ex parte communication from Mr. Harvey Weisman. The Court does not accept ex parte communications and is returning the letter to Mr. Weisman. Furthermore, Mr. John V. O'Connor remains attorney of record in this action. All communication with the Court by Harvey Weisman, Bo Weisman, or The 22 S. LLC must be made through counsel until Mr. O'Connor is relieved as attorney of record by order of the Court. So Ordered. (Signed by Magistrate Judge Judith C. McCarthy on 12/21/15) (yv)
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Filing 63
ORDER: John V. O'Connor remains attorney of record on this matter until he is properly relieved as counsel by order of the Court, pursuant to Local Civil Rule 1.4 of the Local Rules of the United States District Courts for the Southern and Eastern Districts of New York. "Such an order may be granted only upon a showing by affidavit or otherwise of satisfactory reasons for withdrawal or displacement and the posture of the case, including its position, if any, on the calendar, and whether or not the attorney is asserting a retaining or charging lien. All applications to withdraw must be served upon the client and... upon all other parties." (Signed by Magistrate Judge Judith C. McCarthy on 12/16/2015) (rj)
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| Filing 62 CERTIFICATE OF SERVICE of Notice Letter & EMail to Appoint New Counsel served on Harvey Weisman, Bo Weisman, The 22 S. LLC on 12/02/2015. Service was made by Mail. Document filed by The 22 S. LLC, Bo Weisman, Harvey Weisman. (Attachments: #1 Notice Letter)(O'Connor, John) |
| Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy: Status Conference held on December 1, 2015. (1) Non-expert depositions shall be completed by January 29, 2016. All other discovery deadlines remain the same. (2) The Weisman defendants shall notify the Court of who will be retained as new counsel by December 11, 2015. Next Telephone Conference scheduled for January 13, 2016 at 11:00 a.m. before Magistrate Judge Judith C. McCarthy. Counsel shall have all parties on the line before contacting Chambers. (Court Reporter Courtflow) (jah) |
| Filing 61 ANSWER to #60 Crossclaim. Document filed by 22 S. Broadway LLC, Dawn Hershko, Isaac Hershko.(Frank, Keith) |
| Filing 60 ANSWER to #44 Amended Complaint,, with JURY DEMAND., CROSSCLAIM against Dawn Hershko, Isaac Hershko, The 22 S. LLC. Document filed by The 22 S. LLC, Bo Weisman, Harvey Weisman.(Frank, Keith) |
| Filing 59 AMENDED ANSWER to with JURY DEMAND., CROSSCLAIM against 22 S. Broadway LLC, Dawn Hershko, Isaac Hershko. Document filed by The 22 S. LLC, Bo Weisman, Harvey Weisman. (Attachments: #1 Affidavit Certificate of ECF Filing)(O'Connor, John) |
| Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy: In person conference held on October 2, 2015. The Court issued the following rulings: (1) Plaintiffs' letter motion for leave to move for default judgment is denied. The Clerk shall terminate the pending motion (Docket. 52). (2) Weissman Defendants shall collectively file one answer to the First Amended Complaint, with cross-claims by October 9, 2015. Hershko Defendants have until October 23, 2015 to answer the cross-claims. (3) The Clerk is requested to terminate Mr. Jason J. Rebhun as attorney of record for the Hershko defendants pursuant to the substitution of counsel filed on 9/2/2015. (Docket No. 45). (4) Plaintiffs application for verified interrogatories is denied. (5) Next in-person conference scheduled for December 1, 2015 at 11:00 a.m. (Court Reporter Courtflow) (jah) |
| Filing 58 NOTICE OF CHANGE OF ADDRESS by Elizabeth Lilly Tonne-Daims on behalf of All Plaintiffs. New Address: Seham, Seham, Meltz & Petersen, LLP, 199 Main St., 7th Fl., White Plains, New York, United States 10601, (914) 997-1346. (Tonne-Daims, Elizabeth) |
| Filing 57 NOTICE OF CHANGE OF ADDRESS by George Diamantopoulos on behalf of David Anderson, Fernando Arellano, Melissa Bach, Jose Luis Hernandez. New Address: Seham, Seham, Meltz & Petersen, LLP, 199 Main Street, 7th Floor, White Plains, New York, USA 10601, (914) 997-1346. (Diamantopoulos, George) |
| Filing 56 LETTER addressed to Magistrate Judge Judith C. McCarthy from Keith J. Frank dated September 28, 2015 re: Letter confirming conference adjourned date. Document filed by 22 S. Broadway LLC, Dawn Hershko, Isaac Hershko.(Frank, Keith) |
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Filing 55
RESCHEDULING ORDER: The Telephone Conference previously scheduled for October 1, 2015 at 10:00 a.m. before Magistrate Judge Judith C. McCarthy has been converted to an in-person conference and rescheduled to October 1, 2015 at 10:00 a.m. in Courtroom 421. Any party seeking to reschedule shall telephone Chambers with all other parties on the line. (Status Conference set for 10/1/2015 at 10:00 AM in Courtroom 421, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Judith C. McCarthy.) (Signed by Magistrate Judge Judith C. McCarthy on 9/25/2015) (tn)
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| Filing 54 NOTICE of Opposition to Plaintiff request for motion. Document filed by The 22 S. LLC, Bo Weisman, Harvey Weisman. (O'Connor, John) |
| Filing 53 ANSWER to #44 Amended Complaint,, with JURY DEMAND., CROSSCLAIM against The 22 S. LLC, Bo Weisman, Harvey Weisman. Document filed by 22 S. Broadway LLC, Dawn Hershko, Isaac Hershko.(Frank, Keith) |
| Filing 52 FIRST MOTION for Leave to File Motion for a Default Judgment against Harvey Weisman, Bo Weisman and The 22 S. LLC d/b/a The Playhouse Market. Document filed by David Anderson, Fernando Arellano, Melissa Bach, Jose Luis Hernandez.(Diamantopoulos, George) |
| Filing 51 AMENDED ANSWER to., AMENDED ANSWER to., CROSSCLAIM against Isaac Hershko. Document filed by The 22 S. LLC, Harvey Weisman, Bo Weisman. (O'Connor, John) |
| Filing 50 AMENDED ANSWER to., CROSSCLAIM against Dawn Hershko. Document filed by The 22 S. LLC, Harvey Weisman, Bo Weisman. (O'Connor, John) |
| Filing 49 AMENDED ANSWER to., CROSSCLAIM against 22 S. Broadway LLC. Document filed by Bo Weisman, Harvey Weisman, The 22 S. LLC. (O'Connor, John) |
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Filing 48
ORDER granting #47 Letter Motion for Extension of Time to Answer. Defendants Isaac Hershko, Dawn Hershko a/k/a Dawn Ziccardi and 22 S. Broadway LLC's time to answer the Amended Complaint is extended to September 16, 2015. (HEREBY ORDERED by Magistrate Judge Judith C. McCarthy)(Text Only Order) (McCarthy, Judith)
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| Filing 47 LETTER MOTION for Extension of Time to File Answer to Amended Complaint addressed to Magistrate Judge Judith C. McCarthy from Keith J. Frank dated 09/08/2015. Document filed by 22 S. Broadway LLC, Dawn Hershko, Isaac Hershko.(Frank, Keith) |
| Filing 46 NOTICE OF APPEARANCE by Keith J Frank on behalf of 22 S. Broadway LLC, Dawn Hershko, Isaac Hershko. (Frank, Keith) |
| Filing 45 NOTICE of Substitution of Attorney. Old Attorney: Jason J. Rebhun, P.C., New Attorney: FORCHELLI, CURTO, DEEGAN, SCHWARTZ, MINEO & TERRANA, LLP, Address: FORCHELLI, CURTO, DEEGAN, SCHWARTZ, MINEO & TERRANA, LLP, 333 Earle Ovington Boulevard, Suite 1010, Uniondale, New York, USA 11553, 516-248-1700. Document filed by 22 S. Broadway LLC, Dawn Hershko, Isaac Hershko. (Attachments: #1 Consent to Change Attorney)(Rebhun, Jason) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney John Vincent O'Connor to RE-FILE Document #41 Answer to Crossclaim, #42 Answer to Crossclaim, #43 Answer to Crossclaim. ERROR(S): no signature or s/. *NOTE* Please sign and date this document before re-filing. (ldi) |
| Filing 44 FIRST AMENDED COMPLAINT amending #1 Complaint, #40 Amended Complaint, against 22 S. Broadway LLC, Dawn Hershko, Isaac Hershko, The 22 S. LLC, Bo Weisman, Harvey Weisman with JURY DEMAND.Document filed by Melissa Bach, David Anderson, Fernando Arellano, Jose Luis Hernandez. Related document: #1 Complaint, filed by Fernando Arellano, David Anderson, Melissa Bach, Jose Luis Hernandez, #40 Amended Complaint, filed by Fernando Arellano, David Anderson, Melissa Bach, Jose Luis Hernandez.(Diamantopoulos, George) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney George Diamantopoulos to RE-FILE Document No. #40 Amended Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (vf) |
| Filing 43 FILING ERROR - DEFICIENT DOCKET ENTRY - ANSWER to #11 Crossclaim., CROSSCLAIM against 22 S. Broadway LLC, Dawn Hershko, Isaac Hershko. Document filed by Harvey Weisman.(O'Connor, John) Modified on 8/27/2015 (ldi). |
| Filing 42 FILING ERROR - DEFICIENT DOCKET ENTRY - ANSWER to #11 Crossclaim., CROSSCLAIM against 22 S. Broadway LLC, Dawn Hershko, Isaac Hershko. Document filed by Bo Weisman.(O'Connor, John) Modified on 8/27/2015 (ldi). |
| Filing 41 FILING ERROR - DEFICIENT DOCKET ENTRY - ANSWER to #11 Crossclaim., CROSSCLAIM against 22 S. Broadway LLC, Dawn Hershko, Isaac Hershko. Document filed by The 22 S. LLC.(O'Connor, John) Modified on 8/27/2015 (ldi). |
| Filing 40 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR FIRST AMENDED COMPLAINT amending #1 Complaint, against All Defendants with JURY DEMAND.Document filed by Melissa Bach, Fernando Arellano, David Anderson, Jose Luis Hernandez. Related document: #1 Complaint, filed by Fernando Arellano, David Anderson, Melissa Bach, Jose Luis Hernandez.(Diamantopoulos, George) Modified on 8/26/2015 (vf). |
| Filing 39 ANSWER to #35 , #33 , #34 Crossclaim., ANSWER to #35 , #33 , #34 Crossclaim., ANSWER to #35 , #33 , #34 Crossclaim., CROSSCLAIM against The 22 S. LLC, Bo Weisman, Harvey Weisman. Document filed by Isaac Hershko, 22 S. Broadway LLC, Dawn Hershko.(Rebhun, Jason) |
| Filing 38 RULE 26 DISCLOSURE.Document filed by The 22 S. LLC, Bo Weisman, Harvey Weisman.(O'Connor, John) |
| Filing 37 CERTIFICATE OF SERVICE of Answer to Amended Complaint with Cross-Claims on 7-31-15. Document filed by The 22 S. LLC, Bo Weisman, Harvey Weisman. (Attachments: #1 Certicate of Service of Answer, #2 Certificate of Service of Answer)(O'Connor, John) |
| Filing 36 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The 22 S. LLC.(O'Connor, John) |
| Filing 35 ANSWER to Complaint with JURY DEMAND., CROSSCLAIM against 22 S. Broadway LLC, Dawn Hershko, Isaac Hershko. Document filed by Harvey Weisman. (Attachments: #1 Affidavit Cerificate of ECF SErvice)(O'Connor, John) |
| Filing 34 ANSWER to Complaint with JURY DEMAND., CROSSCLAIM against 22 S. Broadway LLC, Dawn Hershko, Isaac Hershko. Document filed by Bo Weisman. (Attachments: #1 Affidavit Certificate of ECF Service)(O'Connor, John) |
| Filing 33 ANSWER to Complaint with JURY DEMAND., CROSSCLAIM against 22 S. Broadway LLC, Dawn Hershko, Isaac Hershko. Document filed by The 22 S. LLC. (Attachments: #1 Affidavit Certificate of ECF Service)(O'Connor, John) |
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Filing 32
ORDER:In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to insure compliance with the case management plan, and to prevent the accumulation of unresolved discovery issues, the following procedures will be followed for the resolution of discover disputes as set forth in this order. (Signed by Magistrate Judge Judith C. McCarthy on 7/23/2015) (rj)
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Filing 31
ORDER: For the reasons set forth on the record at the Rule 16 conference on July 23, 2015, the Clerk is respectfully requested to delete from the docket in this action Docket Nos. 24, 25, 26, 27, and 28. Defendants Isaac Harvey Weisman, Bo Weisman and The 22S. LLC d/b/a The Playhouse Market (collectively, the "Weisman Defendants") effectuated filing errors in filing multiple answers to the Complaint, (Docket No. 1). The Weisman Defendants shall correctly electronically re-file one answer, with cross-claims, and any necessary statements pursuant to Rule 7.1 of the Federal of Civil Procedure no later than July 31, 2015. The Court will deem the latter, correctly filed answer to bear the same service date as Dockets No. 24-28, June 26, 2015. The Clerk is also respectfully requested to reinstate Docket No. 29, plaintiffs' Notice of Voluntary Dismissal pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. It is not necessary for the Court to So Order such notice. (Signed by Magistrate Judge Judith C. McCarthy on 7/23/2015) (rj)
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Filing 30
CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER:The following Civil Case Discovery Plan and Scheduling Order is adopted, after consultation with counsel, pursuant to Fed. R. Civ. P. 16 and 26(f): 1. The case is to be tried to a jury. Amended Pleadings due by 9/23/2015. Joinder of Parties due by 9/23/2015. Deposition due by 3/1/2016. Discovery due by 3/1/2016. Case Management Telephone Conference set for 10/1/2015 at 10:00 AM before Magistrate Judge Judith C. McCarthy. (Signed by Magistrate Judge Judith C. McCarthy on 7/23/2015) (rj)
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| ***DELETED DOCUMENT. Deleted document number 25 Answer. The document was incorrectly filed in this case. (rj) |
| ***DELETED DOCUMENT. Deleted document number 24 Answer. The document was incorrectly filed in this case. (rj) |
| ***DELETED DOCUMENT. Deleted document number 26 Answer. The document was incorrectly filed in this case. (rj) |
| ***DELETED DOCUMENT. Deleted document number 27 Answer. The document was incorrectly filed in this case. (rj) |
| ***DELETED DOCUMENT. Deleted document number 28 Answer. The document was incorrectly filed in this case. (rj) |
| Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy: Initial Pretrial Conference held on July 23, 2015. The Court ruled as follows: (1) Defendants Issac Hershko, Dawn Hershko, and 22 S. Broadway LLC shall (a) amend their Initial Rule 26 disclosures by August 6, 2015 and (b) respond to the cross-claims against them by August 24, 2015. (2) Defendants Harvey Weisman, Bo Weisman, and The 22 S. LLC shall (a) refile one answer with cross-claims, along with any necessary Rule 7.1 statements by July 31, 2015, and (b) respond to the cross-claims against them by August 24, 2015. (3) The next telephone conference is scheduled for October 1, 2015 at 10:00 a.m. Counsel shall have all parties on the line before contacting Chambers. (Court Reporter Courtflow) (jah) |
| Filing 29 NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Yifei Chang. Document filed by Melissa Bach, Fernando Arellano, David Anderson, Jose Luis Hernandez. (Tonne-Daims, Elizabeth) Modified on 7/13/2015 (km). Modified on 7/24/2015 (rj). |
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Filing 23
ORDER granting #21 Letter Motion for Extension of Time. Plaintiffs' time to serve defendant Yifei Chang is extended from June 15, 2015 to July 22, 2015. (HEREBY ORDERED by Magistrate Judge Judith C. McCarthy)(Text Only Order) (McCarthy, Judith)
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| Filing 22 NOTICE OF APPEARANCE by George Diamantopoulos on behalf of David Anderson, Fernando Arellano, Melissa Bach, Jose Luis Hernandez. (Diamantopoulos, George) |
| Filing 21 SECOND LETTER MOTION for Extension of Time to Serve Defendant Yifei Chang addressed to Magistrate Judge Judith C. McCarthy from Stanley J. Silverstone dated 6/11/2015. Document filed by David Anderson, Fernando Arellano, Melissa Bach, Jose Luis Hernandez.(Silverstone, Stanley) |
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Filing 20
SCHEDULING ORDER: This matter has been referred to the undersigned for all purposes in accordance with 28 U.S.C. 636(c). Accordingly, the Court has scheduled an Initial Conference, pursuant to Fed. R. Civ. P. 16. for July 23, 2015 at 10:30 a.m. in Courtroom 421. At the conference, the Court will request from each party a brief oral statement reporting the status of the case, setting forth the factual and legal bases for the claims or defenses and outlining the nature of the dispute(s) to be adjudicated. Subject matter jurisdiction will be considered, as well as any other issue which may be relevant to case management. The parties shall meet and confer prior to the Initial Conference to develop a proposed discovery plan. Upon agreement, the parties shall fill out the attached Civil Case Discovery Plan and Scheduling Order, and bring the completed form to the scheduled conference. In the absence of an agreement, the Court will implement its own discovery plan after hearing from counsel. Any party seeking to reschedule shall telephone Chambers with all other parties on the line. Initial Conference set for 7/23/2015 at 10:30 AM in Courtroom 421, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Judith C. McCarthy. (Signed by Magistrate Judge Judith C. McCarthy on 5/29/2015) (rj)
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| Filing 19 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by 22 S. Broadway LLC, David Anderson, Fernando Arellano, Melissa Bach, Yifei Chang, Jose Luis Hernandez, Dawn Hershko, Isaac Hershko, The 22 S. LLC, Bo Weisman, Harvey Weisman. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Judith C. McCarthy. (Signed by Judge Vincent L. Briccetti on 5/26/2015) (rj) |
| Filing 18 NOTICE OF APPEARANCE by John Vincent O'Connor on behalf of The 22 S. LLC, Bo Weisman, Harvey Weisman. (O'Connor, John) |
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Filing 17
ORDER: After consultation with counsel at a conference held today. it is hereby ORDERED: 1. By May 22, 2015, counsel for defendants Harvey Weisman, Bo Weisman, and the 22 S. LLC shall either file a notice of appearance or advise the Court by letter that counsel does not intend to appear in the case. 2. If counsel files a notice of appearance, the Court will so-order the form consenting to proceed before Magistrate Judge McCarthy. 3. If counsel does not file a notice of appearance, the Court will hold a conference on June 15, 2015, at 9:30 a.m., at which all counsel and all prose parties must appear. 4. Plaintiffs' counsel is directed to serve a copy of this order on defendants Harvey Weisman, Bo Weisman, and the 22 S. LLC, and file proof of service of the same. ( Status Conference set for 6/15/2015 at 09:30 AM before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 5/15/2015) (rj)
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| Minute Entry for proceedings held before Judge Vincent L. Briccetti: Initial Pretrial Conference held on 5/15/2015. Order to follow. (dh) |
| Filing 16 CERTIFICATE OF SERVICE of Memorandum Endorsement served on Harvey Weisman, Bo Weisman, and The 22 S LLC on 4/17/2015. Service was made by Mail. Document filed by David Anderson, Fernando Arellano, Melissa Bach, Jose Luis Hernandez. (Attachments: #1 Exhibit A)(Silverstone, Stanley) |
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Filing 15
MEMO ENDORSED ORDER granting #13 Letter Motion for Extension of Time Service due by 6/15/2015. ENDORSEMENT: In the attached letter-motion (Doc. #13), plaintiffs request (i) an extension of time to serve defendant Yifei Chang, and (ii) authorization under Rule 26(d)(l) to serve discovery requests about Chang's whereabouts prior to the parties' Rule 26(f) conference. Both applications are GRANTED. Plaintiffs' time to serve defendant Chang is extended to June 15, 2015. Additionally, by May 6, 2015, defendants Harvey Weisman, Bo Weisman, and the 22 S.LLC are directed to file the answer they previously served on plaintiffs. The 22 S. LLC is reminded, however, that a limited liability company cannot appear pro se; it must be represented by counsel. Lattanzio v. COMTA. 481 F.3d 137, 140 (2d Cir. 2007) (per curiam). By separate order, the Court has scheduled an initial conference in this case for May 15, 2015, at 10:00 a.m., which all counsel as well as pro se parties must attend. By April 22, 2015, plaintiffs' counsel is directed to serve a copy of this Memorandum Endorsement on the pro se defendants, and file proof of service of the same. The Clerk is instructed to terminate the letter-motion. (Doc. #13). (Signed by Judge Vincent L. Briccetti on 4/15/2015) (rj)
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| Filing 14 NOTICE OF INITIAL CONFERENCE: THIS MATTER HAS BEEN SCHEDULED FOR AN INITIAL CASEMANAGEMENT AND SCHEDULING CONFERENCE, pursuant to Fed. R. Civ. P. 16, on 5/15/15 at 10:00 am, at the United States Courthouse, 300 Quarropas Street, Courtroom 620, White Plains, NY 10601. Case Management Conference set for 5/15/2015 at 10:00 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti. (rj) |
| Filing 13 LETTER MOTION for Extension of Time to Serve Defendant Yifei Chang and to Conduct Pre-26(f) Discovery addressed to Judge Vincent L. Briccetti from Stanley J. Silverstone dated April 14, 2015. Document filed by David Anderson, Fernando Arellano, Melissa Bach, Jose Luis Hernandez.(Silverstone, Stanley) |
| Filing 12 NOTICE OF APPEARANCE by Elizabeth Lilly Tonne-Daims on behalf of David Anderson, Fernando Arellano, Melissa Bach, Jose Luis Hernandez. (Tonne-Daims, Elizabeth) |
| Filing 11 ANSWER to #1 Complaint,., CROSSCLAIM against Yifei Chang, The 22 S. LLC, Bo Weisman, Harvey Weisman. Document filed by 22 S. Broadway LLC, Dawn Hershko, Isaac Hershko.(Rebhun, Jason) |
| Filing 10 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 22 S. Broadway LLC, Dawn Hershko, Isaac Hershko.(Rebhun, Jason) |
| Filing 9 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 22 S. Broadway LLC, Dawn Hershko, Isaac Hershko.(Rebhun, Jason) |
| Filing 8 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Bo Weisman served on 10/14/2014, answer due 11/4/2014. Document filed by Melissa Bach ; Fernando Arellano; Jose Luis Hernandez ; David Anderson. (Silverstone, Stanley) |
| Filing 7 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Dawn Hershko served on 10/14/2014, answer due 11/4/2014. Document filed by Melissa Bach ; Fernando Arellano; Jose Luis Hernandez ; David Anderson. (Silverstone, Stanley) |
| Filing 6 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Harvey Weisman served on 10/14/2014, answer due 11/4/2014. Document filed by Melissa Bach ; Fernando Arellano; Jose Luis Hernandez ; David Anderson. (Silverstone, Stanley) |
| Filing 5 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Isaac Hershko served on 10/14/2014, answer due 11/4/2014. Document filed by Melissa Bach ; Fernando Arellano; Jose Luis Hernandez ; David Anderson. (Silverstone, Stanley) |
| Filing 4 SUMMONS RETURNED EXECUTED Summons and Complaint, served. 22 S. Broadway LLC served on 10/14/2014, answer due 11/4/2014. Document filed by Melissa Bach ; Fernando Arellano; Jose Luis Hernandez ; David Anderson. (Silverstone, Stanley) |
| Filing 3 SUMMONS RETURNED EXECUTED Summons and Complaint, served. The 22 S. LLC served on 10/14/2014, answer due 11/4/2014. Document filed by Melissa Bach ; Fernando Arellano; Jose Luis Hernandez ; David Anderson. (Silverstone, Stanley) |
| Filing 2 CIVIL COVER SHEET filed. (rj) |
| Filing 1 COMPLAINT against 22 S. Broadway LLC, Yifei Chang, Dawn Hershko, Isaac Hershko, The 22 S. LLC, Bo Weisman, Harvey Weisman. (Filing Fee $ 350.00, Receipt Number 465407009647)Document filed by Melissa Bach, Fernando Arellano, Jose Luis Hernandez, David Anderson.(rj) |
| SUMMONS ISSUED as to 22 S. Broadway LLC, Yifei Chang, Dawn Hershko, Isaac Hershko, The 22 S. LLC, Bo Weisman, Harvey Weisman. (rj) |
| Magistrate Judge Judith C. McCarthy is so designated. (rj) |
| Case Designated ECF. (rj) |
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