Williams et al v. Insomnia Cookies, LLC et al
| Michael Williams and Jonn Gibson |
| Insomnia Cookies, LLC doing business as Insomnia Cookies, Serve U Brands, Inc. and Seth Berkowitz |
| 4:2023cv00669 |
| May 19, 2023 |
| US District Court for the Eastern District of Missouri |
| Ronnie L White |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| None |
Docket Report
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This docket was last retrieved on February 7, 2024. A more recent docket listing may be available from PACER.
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Filing 32
Docket Text ORDER Re: ECF No. #31 , Unopposed MOTION for Extension of Time to File Answer, filed by Defendants Seth Berkowitz, Insomnia Cookies, LLC, and Serve U Brands, Inc.; ORDERED GRANTED. Defendants shall have up to and including July 21, 2023, to answer or otherwise respond to Plaintiffs' Complaint. Signed by District Judge Ronnie L. White on June 30, 2023. (LTR)
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| Filing 31 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, by Defendants Seth Berkowitz, Insomnia Cookies, LLC, Serve U Brands, Inc.. (Klein, Douglas) |
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Filing 30
Docket Text ORDER Re: ECF Nos. #28 & #29 , MOTIONS for Leave to Appear Pro Hac Vice, filed by attorneys Douglas J. Klein and Noel P. Tripp; DENIED as moot pursuant to E.D.Mo. L. R. 12.01. Signed by District Judge Ronnie L. White on June 23, 2023. (LTR) Pro Hac Fees refunded to Attorneys Klein and Tripp on 6/23/2023 (CMC).
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| Filing 29 MOTION for Leave to Appear Pro Hac Vice Noel P. Tripp. The Certificate of Good Standing was attached.(Filing fee $150 receipt number AMOEDC-10006198) by Defendants Seth Berkowitz, Insomnia Cookies, LLC, Serve U Brands, Inc.. (Attachments: #1 Certificate of Good Standing)(Tripp, Noel) |
| Filing 28 MOTION for Leave to Appear Pro Hac Vice Douglas J. Klein. The Certificate of Good Standing was attached.(Filing fee $150 receipt number AMOEDC-10006177) by Defendants Seth Berkowitz, Insomnia Cookies, LLC, Serve U Brands, Inc.. (Attachments: #1 Certificate of Good Standing)(Klein, Douglas) |
| Filing 27 WAIVER OF SERVICE Returned Executed filed by Seth Berkowitz, Insomnia Cookies, LLC, Serve U Brands, Inc. All Defendants. Waiver signed 5/1/2023; answers due 6/30/2023. (Kinghorn, Andrew) Modified on 6/8/2023 (CBL). |
| Filing 26 DISCLOSURE STATEMENT by Defendants Serve U Brands, Inc., Krispy Kreme, Inc... (Kinghorn, Andrew) |
| Filing 25 Electronic Notice re: Disclosure Statement to Defendant Serve U Brands, Inc. - SECOND NOTICE. Pursuant to Local Rule 2.09, every nongovernmental corporate party or nongovernmental corporation that seeks to intervene in any case, and every party or intervenor in an action in which jurisdiction is based upon diversity, must file a Disclosure Statement immediately upon entering its appearance in the case. Please complete and file the certificate as soon as possible and add all individuals and entities into CM/ECF as required # (moed-0001.pdf). (TMT) |
| Filing 24 DISCLOSURE STATEMENT by Defendants Insomnia Cookies, LLC, Krispy Kreme, Inc... (Kinghorn, Andrew) |
| Filing 23 ENTRY of Appearance by Andrew D. Kinghorn for Defendants Seth Berkowitz, Insomnia Cookies, LLC, Serve U Brands, Inc.. (Kinghorn, Andrew) |
| Filing 22 Electronic Notice re: Disclosure Statement to Defendants Insomnia Cookies, LLC, Serve U Brands, Inc. Pursuant to Local Rule 2.09, every nongovernmental corporate party or nongovernmental corporation that seeks to intervene in any case, and every party or intervenor in an action in which jurisdiction is based upon diversity, must file a Disclosure Statement immediately upon entering its appearance in the case. Please complete and file the certificate as soon as possible and add all individuals and entities into CM/ECF as required # (moed-0001.pdf). (TMT) |
| Filing 21 ENTRY of Appearance by Tiffany Troy for Plaintiffs Jonn Gibson, Michael Williams. (Troy, Tiffany) |
| Filing 20 Case transferred in from District of New York Southern; Case Number 1:23-cv-03400. Original file certified copy of transfer order and docket sheet received. Case transferred in electronically. |
| Case Opening Notification. Judge Assigned: Honorable Ronnie L. White. Pursuant to Local Rule 2.09, every nongovernmental corporate party or nongovernmental corporation that seeks to intervene in any case, and every party or intervenor in an action in which jurisdiction is based upon diversity, must file a Disclosure Statement immediately upon entering its appearance in the case. Please complete and file the certificate as soon as possible. # (moed-0001.pdf). Per Local Rule 12.01, attorneys who are not admitted to the Eastern District of Missouri do not need to apply for admission pro hac vice in order to practice on a case if they had already filed an entry of appearance before the case was transferred from another United States District Court. For more information, visit #attorney applications. (JWD) |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of Missouri.(rro) |
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Filing 19
MEMORANDUM OPINION AND ORDER: In light of that conclusion, the August 2, 2023 initial pretrial conference is canceled, and the Clerk of Court is directed (1) to transfer this case to the United States District Court for the Eastern District of Missouri and (2) to close the case in this District. (Signed by Judge Jesse M. Furman on 5/12/2023) (rro) Transmission to Office of the Clerk of Court for processing.
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| Filing 18 RESPONSE TO ORDER TO SHOW CAUSE re: #11 Order to Show Cause,,. Document filed by Seth Berkowitz, Insomnia Cookies, LLC, Serve U Brands, Inc...(Klein, Douglas) |
| Filing 17 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) |
| Filing 16 NOTICE OF APPEARANCE by Noel P. Tripp on behalf of Seth Berkowitz, Insomnia Cookies, LLC, Serve U Brands, Inc...(Tripp, Noel) |
| Filing 15 NOTICE OF APPEARANCE by Alex Jay Seidenberg on behalf of Seth Berkowitz, Insomnia Cookies, LLC, Serve U Brands, Inc...(Seidenberg, Alex) |
| Filing 14 NOTICE OF APPEARANCE by Douglas Joseph Klein on behalf of Seth Berkowitz, Insomnia Cookies, LLC, Serve U Brands, Inc...(Klein, Douglas) |
| Filing 13 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 Jonn Gibson, Michael Williams. 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) |
| Filing 12 RESPONSE TO ORDER TO SHOW CAUSE re: #11 Order to Show Cause,,. Document filed by Jonn Gibson, Michael Williams..(Troy, John) |
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Filing 11
ORDER TO SHOW CAUSE. It is hereby ORDERED that Plaintiffs are to show cause in writing no later than May 3, 2023, why this case should not be transferred to the Eastern District of Missouri. If Plaintiffs file a response to this Order, Defendants shall file any response to Plaintiffs by May 8, 2023. If Plaintiffs do not respond to this Order by May 3, 2023, the Court will transfer the case to the Eastern District of Missouri without further notice. Plaintiffs are directed to electronically serve a copy of this Order on Defendants within one business day and to file proof of such service on the docket within two business days. SO ORDERED. ( Show Cause Response due by 5/8/2023.) (Signed by Judge Jesse M. Furman on 4/26/23) (yv)
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Filing 10
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Gabriel W. Gorenstein. No later than one week after an answer is filed, the parties shall contact the chambers of Magistrate Judge Gorenstein to schedule a settlement conference to take place at least two weeks before the initial pretrial conference. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/24/2023) (vfr)
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Filing 9
ORDER REGARDING EARLY SETTLEMENT CONFERENCE AND THE INITIAL PRETRIAL CONFERENCE: This case, involving claims under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. 201 et seq., has been assigned to this Court for all purposes. In the Court's experience, cases involving FLSA claims often benefit from an early settlement conference. To that end, by separate Order to be entered today, the Court is referring this case to the assigned Magistrate Judge for settlement purposes. Unless and until the Court orders otherwise, no later than one week after an answer is filed, the parties shall contact the Chambers of the assigned Magistrate Judge to schedule a settlement conference to take place at least two weeks before the initial pretrial conference scheduled below. Further, to facilitate those settlement discussions, the parties shall, no later than three weeks after an answer is filed, exchange limited discovery in aid of settlement; the parties shall confer with respect to the scope of such limited discovery, and promptly raise any disputes with the assigned Magistrate Judge in accordance with his or her Individual Rules and Practices, as further set forth herein. Separate and apart from the foregoing, unless and until the Court orders otherwise, counsel for all parties shall appear for an initial pretrial conference with the Court on August 2, 2023, at 9:00 a.m. The conference will be held remotely by telephone in accordance with Paragraph 3.B of the Court's Individual Rules and Practices in Civil Cases. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. (As further set forth in this Order.) SO ORDERED. Initial Conference set for 8/2/2023 at 09:00 AM before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 4/24/2023) (vfr)
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| Filing 8 ELECTRONIC SUMMONS ISSUED as to Seth Berkowitz, Insomnia Cookies, LLC, Serve U Brands, Inc...(gp) |
| 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) |
| Case Designated ECF. (gp) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney John Troy. The party information for the following party/parties has been modified: all plaintiffs. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (gp) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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) |
| Filing 7 NOTICE OF APPEARANCE by Tiffany Troy on behalf of Jonn Gibson, Michael Williams..(Troy, Tiffany) |
| Filing 6 NOTICE OF APPEARANCE by Aaron B. Schweitzer on behalf of Jonn Gibson, Michael Williams..(Schweitzer, Aaron) |
| Filing 5 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Jonn Gibson..(Troy, John) |
| Filing 4 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Michael Williams..(Troy, John) |
| 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 Jonn Gibson, Michael Williams..(Troy, John) |
| Filing 2 CIVIL COVER SHEET filed..(Troy, John) |
| Filing 1 COMPLAINT against Seth Berkowitz, Insomnia Cookies, LLC, Serve U Brands, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-27643261)Document filed by Michael Williams, Jonn Gibson. (Attachments: #1 Exhibit 01 Document Preservation Demand /mh).(Troy, John) |
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