Forte v. Insomnia Cookies, LLC et al
| Jennipher Renee Forte |
| Insomnia Cookies, LLC doing business as Insomnia Cookies;, Serve U Brands, Inc. and Seth Berkowitz |
| 3:2023cv00551 |
| June 13, 2023 |
| US District Court for the Northern District of Indiana |
| Jon E DeGuilio |
| Michael G Gotsch |
| Damon R Leichty |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 21, 2023. A more recent docket listing may be available from PACER.
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Filing 41
ORDER granting #36 Motion for Extension of Time to Answer.] All Defendants answer due 08/04/2023. Approved by Magistrate Judge Michael G Gotsch, Sr on 8/7/23. (slm)
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Filing 40
AFFIDAVIT in Support re #37 MOTION to Compel Arbitration (Declaration of Suzanne Toner) filed by Seth Berkowitz, Insomnia Cookies, LLC, Serve U Brands, Inc.. (Attachments: #1 Exhibit A)(Klein PHV, Douglas)
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Filing 39
AFFIDAVIT in Support re #37 MOTION to Compel Arbitration (Declaration of Douglas J. Klein) filed by Seth Berkowitz, Insomnia Cookies, LLC, Serve U Brands, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Klein PHV, Douglas)
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Filing 38
MEMORANDUM in Support of #37 MOTION to Compel Arbitration and Dismiss Plaintiff's Claims filed by Seth Berkowitz, Insomnia Cookies, LLC, Serve U Brands, Inc. (Klein PHV, Douglas) Modified on to reflect correct title 8/7/2023 (jdb).
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Filing 37
MOTION to Compel Arbitration and Dismiss Plaintiff's Claims by Defendants Seth Berkowitz, Insomnia Cookies, LLC, Serve U Brands, Inc. (Klein PHV, Douglas) Modified on 8/7/2023 to reflect correct title (jdb).
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Filing 36
MOTION for Extension of Time to File Answer re #1 Complaint, by Defendants Seth Berkowitz, Insomnia Cookies, LLC, Serve U Brands, Inc.. (Ahonen, Zachary)
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Filing 35
ORDER REASSIGNING CASE. Case reassigned to Judge Damon R Leichty for all further proceedings. Judge Jon E DeGuilio no longer assigned to case. Signed by Chief Judge Holly A Brady on 7/17/23. (ksc)
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Set/Reset Deadlines: Per DE #34 Defendant's answer due reset to 7/21/2023. (nae)
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Filing 34
AGREED NOTICE to extend time to file answer filed by Seth Berkowitz, Insomnia Cookies, LLC, Serve U Brands, Inc. ; answer due by July 21, 2023. (Klein PHV, Douglas)
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Filing 33
NOTICE of Appearance by Alex J Seidenberg PHV on behalf of Seth Berkowitz, Insomnia Cookies, LLC, Serve U Brands, Inc. (Seidenberg PHV, Alex)
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Filing 32
NOTICE of Appearance by Noel P Tripp PHV on behalf of Seth Berkowitz, Insomnia Cookies, LLC, Serve U Brands, Inc. (Tripp PHV, Noel)
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Filing 31
NOTICE of Appearance by Douglas J Klein PHV on behalf of Seth Berkowitz, Insomnia Cookies, LLC, Serve U Brands, Inc. (Klein PHV, Douglas)
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Filing 30
ORDER granting #25 Application to Appear Pro Hac Vice of Attorney Douglas J Klein PHV for Seth Berkowitz, Insomnia Cookies, LLC, and Serve U Brands, Inc. Signed by Magistrate Judge Michael G Gotsch, Sr on 6/22/2023. (ace)
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Filing 29
ORDER granting #26 Application to Appear Pro Hac Vice of Attorney Noel P Tripp PHV for Seth Berkowitz, Insomnia Cookies, LLC, and Serve U Brands, Inc. Signed by Magistrate Judge Michael G Gotsch, Sr on 6/21/2023. (ace)
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Filing 28
ORDER granting #27 Application to Appear Pro Hac Vice of Attorney Alex J Seidenberg PHV for Seth Berkowitz, Insomnia Cookies, LLC, and Serve U Brands, Inc. Signed by Magistrate Judge Michael G Gotsch, Sr on 6/21/2023. (ace)
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Filing 27
Application for Attorney Alex J. Seidenberg to Appear Pro Hac Vice on behalf of Insomnia Cookies, LLC, Serve U Brands, Inc., Seth Berkowitz. Pro Hac Vice fee of $ 96 has been received, receipt number AINNDC-5275350 (Attachments: #1 Certificate of Good Standing)(Seidenberg, Alex)
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Filing 26
Application for Attorney Noel P. Tripp to Appear Pro Hac Vice on behalf of Insomnia Cookies, LLC, Serve U Brands, Inc., Seth Berkowitz. Pro Hac Vice fee of $ 96 has been received, receipt number AINNDC-5275346 (Attachments: #1 Certificate of Good Standing)(Tripp, Noel)
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Filing 25
Application for Attorney Douglas J. Klein to Appear Pro Hac Vice on behalf of Insomnia Cookies, LLC, Serve U Brands, Inc., Seth Berkowitz. Pro Hac Vice fee of $ 96 has been received, receipt number AINNDC-5275302 (Attachments: #1 Certificate of Good Standing)(Klein, Douglas) (Additional attachment(s) added on 6/22/2023: #2 NY Certificate) (ace). (Main Document 25 replaced on 6/22/2023) (ace).
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Set/Reset Deadlines: Answer due 6/30/2023 per DE #24 Waiver of Service returned executed for defendants Insomnia Cookies LLC, Serve U Brands Inc and Seth Berkowitz (nae)
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Filing 24
WAIVER by Seth Berkowitz, Insomnia Cookies, LLC, Serve U Brands, Inc. [of the Service of the Summons]. (Ahonen, Zachary)
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Filing 23
Corporate Disclosure Statement by Insomnia Cookies, LLC, Serve U Brands, Inc.. (Ahonen, Zachary)
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Filing 22
NOTICE of Appearance by Zachary A Ahonen on behalf of All Defendants (Ahonen, Zachary)
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Filing 21
Case transferred in from District of New York Southern; Case Number 1:23-cv-03401. Original file and docket sheet received. (jld)
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CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Northern District of Indiana. (vfr) [Transferred from New York Southern on 6/13/2023.]
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Filing 20
ORDER: Accordingly, the Clerk of Court is directed to (1) transfer this case to the United States District Court for the Northern District of Indiana, and (2) close the case in this District. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 6/5/2023) (vfr) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 6/13/2023.]
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Filing 19
LETTER addressed to Judge Jennifer H. Rearden from John Troy dated 05/26/2023 re: Plaintiff's Response to Judge Rearden's Order to Show Cause. Document filed by Jennipher Renee Forte..(Troy, John) [Transferred from New York Southern on 6/13/2023.]
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Filing 18
CERTIFICATE OF SERVICE of Docket No.17 served on Noel P. Tripp, Douglas Joseph Klein, Alex Jay Seidenberg on 05/22/2023. Service was made by Email of Noel P. Tripp, Douglas Joseph Klein, Alex Jay Seidenberg. Document filed by Jennipher Renee Forte..(Troy, John) [Transferred from New York Southern on 6/13/2023.]
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Filing 17
ORDER TO SHOW CAUSE: Accordingly, it is hereby ORDERED that Plaintiff show cause in writing no later than May 26, 2023, why this case should not be transferred to the Northern District of Indiana. Defendants shall file a response to Plaintiff by May 31, 2023. If Plaintiff does not respond to this Order by May 26, 2023, the Court will transfer the case to the Northern District of Indiana without further notice. Plaintiff shall electronically serve a copy of this Order on Defendants within one business day of the date of this Order and shall file proof of such service on the docket within two business days of the date of this Order. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 5/19/2023) (kv) [Transferred from New York Southern on 6/13/2023.]
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Filing 16
NOTICE OF APPEARANCE by Noel P. Tripp on behalf of Seth Berkowitz, Insomnia Cookies, LLC, Serve U Brands, Inc...(Tripp, Noel) [Transferred from New York Southern on 6/13/2023.]
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Filing 15
NOTICE OF APPEARANCE by Alex Jay Seidenberg on behalf of Seth Berkowitz, Insomnia Cookies, LLC, Serve U Brands, Inc...(Seidenberg, Alex) [Transferred from New York Southern on 6/13/2023.]
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Filing 14
NOTICE OF APPEARANCE by Douglas Joseph Klein on behalf of Seth Berkowitz, Insomnia Cookies, LLC, Serve U Brands, Inc...(Klein, Douglas) [Transferred from New York Southern on 6/13/2023.]
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Filing 13
LETTER addressed to Judge Jennifer H. Rearden from Douglas Klein dated 05/16/2023 re: Transfer. Document filed by Seth Berkowitz, Insomnia Cookies, LLC, Serve U Brands, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Klein, Douglas) [Transferred from New York Southern on 6/13/2023.]
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Filing 12
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Krispy Kreme, Inc. for Insomnia Cookies, LLC, Serve U Brands, Inc.. Document filed by Insomnia Cookies, LLC, Serve U Brands, Inc...(Klein, Douglas) [Transferred from New York Southern on 6/13/2023.]
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Filing 11
FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR -(SEE #16) NOTICE OF APPEARANCE by Noel P. Tripp on behalf of Seth Berkowitz, Insomnia Cookies, LLC, Serve U Brands, Inc...(Tripp, Noel) Modified on 5/17/2023 (kj). [Transferred from New York Southern on 6/13/2023.]
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Filing 10
FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR -(SEE #15) NOTICE OF APPEARANCE by Alex Jay Seidenberg on behalf of Seth Berkowitz, Insomnia Cookies, LLC, Serve U Brands, Inc...(Seidenberg, Alex) Modified on 5/17/2023 (kj). [Transferred from New York Southern on 6/13/2023.]
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Filing 9
FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR -(SEE #14) NOTICE OF APPEARANCE by Douglas Joseph Klein on behalf of Seth Berkowitz, Insomnia Cookies, LLC, Serve U Brands, Inc...(Klein, Douglas) Modified on 5/17/2023 (kj). [Transferred from New York Southern on 6/13/2023.]
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Filing 8
REQUEST FOR WAIVER OF SERVICE sent to INSOMNIA COOKIES LLC d/b/a Insomnia Cookies; SERVE U BRANDS, INC.; and SETH BERKOWITZ. Document filed by Jennipher Renee Forte. Request for Waiver Mailed on 5/1/2023. Waiver of Service due by 5/31/2023. (Attachments: #1 Exhibit 01 Waiver of Service Form /mh).(Troy, John) [Transferred from New York Southern on 6/13/2023.]
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Filing 7
ELECTRONIC SUMMONS ISSUED as to Seth Berkowitz, Insomnia Cookies, LLC, Serve U Brands, Inc...(gp) [Transferred from New York Southern on 6/13/2023.]
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney John Troy. The information for the party/parties has been modified for the following reason/reasons: party text was omitted and alias party name was omitted. (gp) [Transferred from New York Southern on 6/13/2023.]
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Magistrate Judge Gabriel W. Gorenstein 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. (gp) [Transferred from New York Southern on 6/13/2023.]
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer H. Rearden. 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..(gp) [Transferred from New York Southern on 6/13/2023.]
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Case Designated ECF. (gp) [Transferred from New York Southern on 6/13/2023.]
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Filing 6
NOTICE OF APPEARANCE by Tiffany Troy on behalf of Jennipher Renee Forte..(Troy, Tiffany) [Transferred from New York Southern on 6/13/2023.]
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Filing 5
NOTICE OF APPEARANCE by Aaron B. Schweitzer on behalf of Jennipher Renee Forte..(Schweitzer, Aaron) [Transferred from New York Southern on 6/13/2023.]
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Filing 4
CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Jennipher Renee Forte..(Troy, John) [Transferred from New York Southern on 6/13/2023.]
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to INSOMNIA COOKIES LLC d/b/a Insomnia Cookies; SERVE U BRANDS, INC.; and SETH BERKOWITZ, re: #1 Complaint,. Document filed by Jennipher Renee Forte..(Troy, John) [Transferred from New York Southern on 6/13/2023.]
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Filing 2
CIVIL COVER SHEET filed..(Troy, John) [Transferred from New York Southern on 6/13/2023.]
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Filing 1
COMPLAINT against Seth Berkowitz, Insomnia Cookies, LLC, Serve U Brands, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-27643267)Document filed by Jennipher Renee Forte. (Attachments: #1 Exhibit 01 Document Preservation Hold Notice /mh).(Troy, John) [Transferred from New York Southern on 6/13/2023.]
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