VENSON v. PRO CUSTOM SOLAR LLC et al
| MARK VENSON, ADRIANA VENSON, AHMED SUNKINS, O'NEIL HALL, ALISSA WINFREY and BASIL OGUEKWE |
| ADAM GUGINO, ALEX SHEIKH, BRIAN ALPER, JEFFREY ANCLIEN, PRO CUSTOM SOLAR LLC and PRO CUSTOM SOLAR LLC doing business as MOMENTUM SOLAR |
| 2:2019cv19227 |
| October 22, 2019 |
| US District Court for the District of New Jersey |
| Michael A Hammer |
| Esther Salas |
| Civil Rights: Jobs |
| 42 U.S.C. § 1981 Job Discrimination (Race) |
| Both |
Docket Report
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This docket was last retrieved on October 25, 2023. A more recent docket listing may be available from PACER.
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Filing 150
TEXT ORDER: The Court has reviewed Defendant's October 16, 2023 letter [D.E. 149]. It appearing that the parties have reached agreement to resolve this matter, if any party objects to entry of a 60-day Order of dismissal without prejudice to reopen the matter within that 60 days if settlement is not consummated, that party must file a notice of objection by October 30, 2023. Failure to object by October 30, 2023 will be deemed consent to entry of the 60-day Order. So Ordered by Magistrate Judge Michael A. Hammer on 10/25/2023. (Hammer, Michael)
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Filing 149
Letter from William K. Pelosi, Esquire providing a report on the status of settlement per Court Order dated 8/22/23. (PELOSI, WILLIAM)
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Filing 148
ORDER granting Plaintiffs' #147 Motion to Substitute Party, substituting MARK VENSON with his estate administrator ADRIANA VENSON. Signed by Magistrate Judge Michael A. Hammer on 9/26/2023. (wh)
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Filing 147
MOTION to Substitute Party by All Plaintiffs. (Attachments: #1 Brief, #2 Declaration of Jeanne M. Christensen in Support of Motion, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Declaration of Adriana Venson in Support of Motion, #7 Certificate of Service)(VAZQUEZ, KASSANDRA)
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Filing 146
SUGGESTION OF DEATH Upon the Record as to Plaintiff Mark Venson by O'NEIL HALL, BASIL OGUEKWE, AHMED SUNKINS, MARK VENSON, ALISSA WINFREY. (VAZQUEZ, KASSANDRA)
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Minute Entry for proceedings held before Magistrate Judge Michael A. Hammer: Status Conference held on 8/22/2023. (jqb, )
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Filing 145
TEXT ORDER: As discussed at the August 22, 2023 status conference, the parties will submit a joint status letter upon resolution of the issue of Mr. Venson's next of kin and, in any event, not later than October 16, 2023. So Ordered by Magistrate Judge Michael A. Hammer on 8/22/2023. (Hammer, Michael)
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Filing 144
Letter from William K. Pelosi, Esquire regarding settlement. (PELOSI, WILLIAM)
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Filing 143
NOTICE of Appearance by KASSANDRA VAZQUEZ on behalf of All Plaintiffs (VAZQUEZ, KASSANDRA)
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Filing 142
LETTER ORDER granting #141 request for a 1-day extension of mediation deadline to August 1, 2023.. Signed by Magistrate Judge Michael A. Hammer on 7/13/2023. (ld, )
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Filing 141
Letter from William K. Pelosi, Esquire requesting 1-day extension of mediation deadline. (PELOSI, WILLIAM)
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Filing 140
Letter from Jeanne M. Christensen re #138 Order Referring Case to Mediation,,, Set Scheduling Order Deadlines,,. (SHAH, SAGAR)
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Filing 139
Defendants ANSWER to Amended Complaint of Plaintiff by BRIAN ALPER(in his professional capacities), BRIAN ALPER(in his individual capacities), JEFFREY ANCLIEN(in his professional capacities), JEFFREY ANCLIEN(in his individual capacities), PRO CUSTOM SOLAR LLC.(PELOSI, WILLIAM)
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Filing 138
ORDER REFERRING CASE to Mediation. Telephone Status Conference set for 8/22/2023 at 10:30 AM before Magistrate Judge Michael A. Hammer. By or before May 8, 2023, the parties will file a joint letter informing the Court whether they have agreed on a mediator. The parties shall complete mediation on or before July 31, 2023. Pending the completion of mediation, the action shall be administratively terminated, without prejudice to restoration to the active docket at the conclusion of mediation.. Signed by Magistrate Judge Michael A. Hammer on 5/3/2023. (ld, )
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Filing 137
TEXT ORDER: The Court has reviewed Defendants' April 26, 2023 Letter, D.E. 136. Defendants' request to file a late Answer to Plaintiffs' Second Amended Complaint is granted. Defendants shall file their Answer by or before May 10, 2023. So Ordered by Magistrate Judge Michael A. Hammer on 5/3/23. (tad)
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***Civil Case Terminated. (ld, )
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Filing 136
Letter from William K. Pelosi, Esquire. (Attachments: #1 Exhibit Defendant's Answer to Amended Second Amended Complaint)(PELOSI, WILLIAM)
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Filing 135
REPLY BRIEF to Opposition to Motion filed by BRIAN ALPER(in his professional capacities), BRIAN ALPER(in his individual capacities), JEFFREY ANCLIEN(in his professional capacities), JEFFREY ANCLIEN(in his individual capacities), PRO CUSTOM SOLAR LLC re #130 MOTION to Compel Arbitration and Stay or Dismiss (Attachments: #1 Certification Certification of William K. Pelosi, Esquire in Support of Defendants Reply Brief, #2 Exhibit Exhibit R to Cert of William K. Pelosi, Esquire, #3 Exhibit Exhibit S to Cert of William K. Pelosi, Esquire, #4 Exhibit Exhibit T to Cert of William K. Pelosi, Esquire, #5 Certificate of Service Proof of SErvice)(PELOSI, WILLIAM)
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Filing 134
CERTIFICATION in Opposition filed by O'NEIL HALL, BASIL OGUEKWE, AHMED SUNKINS, MARK VENSON, ALISSA WINFREY re #130 MOTION to Compel Arbitration and Stay or Dismiss (Attachments: #1 Exhibit A - Excerpt of O. Hall Deposition Transcript, #2 Exhibit B - M. Graziano Deposition Transcript)(SHAH, SAGAR)
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Filing 133
MEMORANDUM in Opposition filed by O'NEIL HALL, BASIL OGUEKWE, AHMED SUNKINS, MARK VENSON, ALISSA WINFREY re #130 MOTION to Compel Arbitration and Stay or Dismiss (SHAH, SAGAR)
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Filing 132
LETTER ORDER granting request that the motion be adjourned until May 1, 2023 so that Plaintiffs have additional time to prepare opposition to the motion. Signed by Magistrate Judge Michael A. Hammer on 3/30/2023. (ld, )
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Filing 131
Letter from Sagar K. Shah re #130 MOTION to Compel Arbitration and Stay or Dismiss. (SHAH, SAGAR)
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Reset Deadlines as to #130 MOTION to Compel Arbitration and Stay or Dismiss. Motion reset for 5/1/2023 before Judge Esther Salas. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ld, )
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Set/Reset Deadlines as to #130 MOTION to Compel Arbitration and Stay or Dismiss. Motion set for 4/17/2023 before Judge Esther Salas. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ld, )
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Filing 130
MOTION to Compel Arbitration and Stay or Dismiss by BRIAN ALPER(in his professional capacities), BRIAN ALPER(in his individual capacities), JEFFREY ANCLIEN(in his professional capacities), JEFFREY ANCLIEN(in his individual capacities), PRO CUSTOM SOLAR LLC. (Attachments: #1 Text of Proposed Order, #2 Statement of Material Facts Not in Dispute, #3 Brief in Support of NOM to Compel Arbitration, #4 Certification of William K. Pelosi, Esquire, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Certificate of Service)(PELOSI, WILLIAM)
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Pro Hac Vice counsel, JEANNE M. CHRISTENSEN, ESQ., has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (ld, )
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Filing 129
TEXT ORDER: The Settlement Conference on 5/18/2023 is adjourned to 5/23/2023 at 11:00 a.m. via Zoom. In addition to counsel of record, clients or their representatives with full and complete authority to resolve all aspects of this matter must appear and be present for the conference via Zoom. Each party must submit an updated confidential settlement memorandum on or before the close of business on 5/16/2023 limited to five (5) double-spaced pages and only those exhibits that are absolutely necessary for the conference to njdnef_hammer@njd.uscourts.gov. Submissions, including exhibits, must be tabbed and mailed to Chambers on or before 5/16/2023. Any scheduling conflict must be brought to the Court's attention by 3/8/2023. So Ordered by Magistrate Judge Michael A. Hammer on 2/8/2023. (jqb, )
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Filing 128
Notice of Request by Pro Hac Vice Jeanne M. Christensen to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-14016816.) (SHAH, SAGAR)
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Filing 127
ORDER granting #126 Motion for Leave to Appear Pro Hac Vice as to Jeanne M. Christensen, Esq.. Signed by Magistrate Judge Michael A. Hammer on 2/8/2023. (ld, )
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Set/Reset Deadlines as to #126 MOTION for Leave to Appear Pro Hac Vice for Jeanne M. Christensen. Motion set for 2/21/2023 before Judge Esther Salas. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ld, )
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Filing 126
MOTION for Leave to Appear Pro Hac Vice for Jeanne M. Christensen by O'NEIL HALL, BASIL OGUEKWE, AHMED SUNKINS, MARK VENSON, ALISSA WINFREY. (Attachments: #1 Certification of Sagar K. Shah in Support of Jeanne M. Christensen's Application for Admission Pro Hac Vice, #2 Certification of Jeanne M. Christensen in Support of Her Application for Admission Pro Hac Vice, #3 Text of Proposed Order)(SHAH, SAGAR)
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Filing 125
TEXT ORDER: The Court has reviewed Plaintiffs' December 9, 2022 letter [D.E. 124]. The parties are directed to meet and confer forthwith concerning the documents described in the letter. So Ordered by Magistrate Judge Michael A. Hammer on 12/12/2022. (Hammer, Michael)
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Filing 124
Letter from Sagar K. Shah. (SHAH, SAGAR)
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Filing 123
TEXT ORDER: The Settlement Conference on 5/18/2023 will be held at 11:00 a.m. via Zoom. Please mark your calendars accordingly. So Ordered by Magistrate Judge Michael A. Hammer on 11/30/2022. (jqb, )
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Filing 122
TEXT ORDER: As per the parties request, and in order for the parties to complete discovery on the issue of arbitrability and fact discovery generally [see Amended Scheduling Order, Nov. 23, 2022, D.E. 121], the settlement conference scheduled for December 8, 2022 is adjourned to May 18, 2023, via Zoom. In addition to counsel of record, clients or their representatives with full and complete authority to resolve all aspects of this matter must appear and be present via Zoom for the conference. Each party must submit a confidential settlement memorandum on or before the close of business on May 11, 2023, limited to five (5) double-spaced pages and only those exhibits that are absolutely necessary for the conference to njdnef_hammer@njd.uscourts.gov. Submissions, including exhibits, must be tabbed and delivered to Chambers on or before May 11, 2023.. So Ordered by Magistrate Judge Michael A. Hammer on 11/28/2022. (Hammer, Michael)
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Filing 121
AMENDED SCHEDULING ORDER. Signed by Judge Esther Salas on 11/23/2022. (wh)
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Filing 120
Letter from Sagar K. Shah. (SHAH, SAGAR)
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Filing 119
TEXT ORDER: The Court is in receipt of the parties' joint letter dated November 14, 2022. (D.E. No. #118 ). As discussed in the Court's teleconference held on November 10, 2022, the parties are to notify the Court no later than November 23, 2022 (i) whether or not they plan to execute a tolling agreement to protect the claims of any new putative class members and (ii) whether they have agreed to a deadline by which Plaintiffs must file any motion for leave to amend the Second Amended Complaint. So Ordered by Judge Esther Salas on 11/21/2022. (ek)
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Filing 118
Letter from William K. Pelosi, Esquire enclosing proposed Amended Scheduling Order. (Attachments: #1 Text of Proposed Order proposed Amended Scheduling Order)(PELOSI, WILLIAM)
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Filing 117
Minute Entry for proceedings held before Judge Esther Salas: Telephone Status Conference held on 11/10/2022. (Court Reporter, Mary Jo Monteleone (973-645-3833)) (ek)
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Filing 116
TEXT ORDER : The Court will hold a telephone conference on Thursday, November 10, 2022, at 3:00 pm to discuss the Court's September 30, 2022 Opinion (D.E. No. #112 ) and address the discovery that is left to be completed in this matter. So Ordered by Judge Esther Salas on 11/2/2022. (ek)
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Filing 115
TEXT ORDER : The teleconference scheduled for today, October 28, 2022 at 1:00 P.M. is cancelled and will be rescheduled for a future date. So Ordered by Judge Esther Salas on 10/28/2022. (ek)
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Filing 114
TEXT ORDER: The Court will hold a telephone conference on Friday, October 28, 2022, at 1:00 pm to discuss the Court's September 30, 2022 Opinion (D.E. No. #112 ) and address the discovery that is left to be completed in this matter. So Ordered by Judge Esther Salas on 10/18/2022. (ek)
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Filing 113
ORDER that Defendants motion to compel arbitration #74 is DENIED; that the parties shall conduct limited fact discovery on the issue of arbitrability; that Defendants may file a renewed motion to compel arbitration within thirty(30) days of the close of fact discovery on the issue of arbitrability; that Defendants and Plaintiffs requests to stay discovery are DENIED; that Defendants request to stay the pleadings is DENIED. Signed by Judge Esther Salas on 9/30/2022. (sm)
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Filing 112
OPINION. Signed by Judge Esther Salas on 9/30/2022. (sm)
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Filing 111
TEXT ORDER: There will be a Settlement Conference on 12/8/2022 at 11:00 a.m. via Zoom. Please see Order #110 for additional information. So Ordered by Magistrate Judge Michael A. Hammer on 8/12/2022. (jqb, )
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Minute Entry for proceedings held before Magistrate Judge Michael A. Hammer: Status Conference held on 8/3/2022. (ECR) (jqb, )
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Filing 110
AMENDED SCHEDULING ORDER: Status Conference set for 12/8/2022 at 11:00 AM via Zoom before Magistrate Judge Michael A. Hammer. Fact Discovery due by 12/9/2022.. Signed by Magistrate Judge Michael A. Hammer on 8/3/2022. (ld, )
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Filing 109
TEXT ORDER: The Telephone Status Conference on 8/1/2022 is adjourned to 8/3/2022 at 2:00 p.m. The parties will dial 1-888-684-8852 and access code 1456817# to join the conference. So Ordered by Magistrate Judge Michael A. Hammer on 7/26/2022. (jqb, )
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Filing 108
ORDER on #103 Letter Application/Motion for Discovery & Amended Scheduling Order. Signed by Magistrate Judge Michael A. Hammer on 7/19/2022. (jqb, )
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Filing 107
Letter from WIlliam K. Pelosi re #103 Letter,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(PELOSI, WILLIAM)
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Filing 106
TEXT ORDER: Defendant shall file any response to Plaintiff's June 2, 2022 letter [D.E. 103] by June 17, 2022. No further extensions. No further submissions from any party regarding the ESI discovery issue.. So Ordered by Magistrate Judge Michael A. Hammer on 6/7/2022. (Hammer, Michael)
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Filing 105
Letter from Alfredo J. Pelicci re #104 Letter. (SHAH, SAGAR)
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Filing 104
Letter from William K. Pelosi, Esquire regarding response to Pltfs' Correspondence/Discovery Motion. (PELOSI, WILLIAM)
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Filing 103
Letter from Alfredo J. Pelicci. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Affidavit)(SHAH, SAGAR) Modified on 7/19/2022 (jqb, ).
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Filing 102
AMENDED SCHEDULING ORDER; Plaintiffs shall file any letter raising a dispute concerning Defendants' ESI collection efforts on or before June 2, 2022.. Telephone Status Conference set for 8/1/2022 11:00 AM before Magistrate Judge Michael A. Hammer. Fact Discovery due by 6/29/2022.. Signed by Magistrate Judge Michael A. Hammer on 5/27/2022. (ld, )
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Filing 101
Letter from Sagar K. Shah re #100 Scheduling Order. (Attachments: #1 Text of Proposed Order Amended Scheduling Order)(SHAH, SAGAR)
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Filing 100
AMENDED SCHEDULING ORDER: Telephone Status Conference set for 8/1/2022 11:00 AM before Magistrate Judge Michael A. Hammer. Fact Discovery due by 5/30/2022.;etc. Signed by Magistrate Judge Michael A. Hammer on 4/27/2022. (ld, )
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Filing 99
Letter from Sagar K. Shah re #92 Order on Motion for Discovery. (Attachments: #1 Text of Proposed Order Amended Scheduling Order)(SHAH, SAGAR)
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Filing 98
MOTION to Withdraw as Attorney Tanvir H. Rahman by O'NEIL HALL, BASIL OGUEKWE, AHMED SUNKINS, MARK VENSON, ALISSA WINFREY. (SHAH, SAGAR)
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Filing 97
ORDER ORDER GRANTING WITHDRAWAL OF ATTORNEY; that Amanda Williams, Esq. is hereby withdrawn as counsel for Defendant Pro Custom Solar LLC d/b/a Momentum Solar in the above-referenced action.. Signed by Magistrate Judge Michael A. Hammer on 4/18/2022. (ld, )
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Filing 96
Letter from Amanda Williams, Esq., requesting withdrawal as counsel. (Attachments: #1 Text of Proposed Order Proposed Order)(WILLIAMS, AMANDA)
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Filing 95
MOTION to Withdraw as Attorney Anthony G. Bizien by O'NEIL HALL, BASIL OGUEKWE, AHMED SUNKINS, MARK VENSON, ALISSA WINFREY. (SHAH, SAGAR)
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Filing 94
NOTICE of Appearance by SAGAR SHAH on behalf of O'NEIL HALL, BASIL OGUEKWE, AHMED SUNKINS, MARK VENSON, ALISSA WINFREY (SHAH, SAGAR)
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Filing 93
Transcript of Oral Opinion held on March 28, 2022, before Magistrate Judge Michael A. Hammer. Transcriber: King Transcription Services (973-237-6080). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Transcription Agency due, but not filed, by 4/28/2022. Redacted Transcript Deadline set for 5/9/2022. Release of Transcript Restriction set for 7/6/2022. (krg)
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Filing 92
ORDER on #91 Application/Motion for Discovery. Signed by Magistrate Judge Michael A. Hammer on 3/28/2022. (jqb, )
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Minute Entry for proceedings held before Magistrate Judge Michael A. Hammer: Oral Opinion held on 3/28/2022 re #91 Application/Motion for Discovery. (ECR) (jqb, ) Modified on 3/29/2022 (jqb, ).
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Filing 91
Letter from Anthony G. Bizien re 89 Order,,,,,,. (Attachments: #1 Text of Proposed Order)(BIZIEN, ANTHONY) Modified on 3/28/2022 (jqb, ).
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Filing 90
NOTICE of Appearance by CAROL R. COBB on behalf of All Defendants (COBB, CAROL)
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Filing 89
TEXT ORDER: The Court has reviewed the parties' status report filed on March 9, 2022 [D.E. 88]. The Court is far from persuaded that the parties have adequately met and conferred to resolve or at least narrow down the issues to a reasonable degree. For example, Plaintiff contends that Defendants have demanded the production of all communications with counsel in the case, while Defendants deny that is accurate. Also, Defendants appear to seek information concerning the text message in para. 4 of the Complaint, but acknowledge Plaintiff has agreed to provide further examples. Accordingly, the parties are directed to immediately resume their efforts to meet and confer, in an effort to resolve the remaining issues, or at least clarify the substance of the issues and the parties' positions. The parties shall submit a new, revised joint letter addressing each dispute separately, issue by issue, with each party's position on that issue limited to two pages or less. The parties will submit the revised joint memo by March 24, 2022. The parties are advised that if the Court remains unpersuaded that counsel have adequately met and conferred, the Court may require counsel to appear in the Courtroom of the Undersigned at 10:00 a.m., where they will be required to meet and confer until (1) resolution of all remaining discovery disputes, or (2) 4:00 p.m., at which time, if the Court's schedule permits, the Court will address the remaining issues. The 30-day discovery extension is granted. The parties will submit a jointly proposed amended scheduling order reflecting the extension. So Ordered by Magistrate Judge Michael A. Hammer on 3/10/2022. (Hammer, Michael)
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Filing 88
STATUS REPORT Joint by O'NEIL HALL, BASIL OGUEKWE, AHMED SUNKINS, MARK VENSON, ALISSA WINFREY. (BIZIEN, ANTHONY)
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Minute Entry for proceedings held before Magistrate Judge Michael A. Hammer: Status Conference held on 2/28/2022. (jqb, )
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Filing 87
TEXT ORDER: As discussed at the February 28, 2022 telephone conference, on or before March 9, 2022, the parties will file a joint status report concerning their progress in resolving any remaining issues concerning written discovery. The January 7, 2022 Amended Scheduling Order [D.E. 84] remains in place, subject to resolution of any remaining written discovery issues and a proposed extension in the March 9th joint report. So Ordered by Magistrate Judge Michael A. Hammer on 2/28/2022. (Hammer, Michael)
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Filing 86
ORDER granting #85 Motion for Leave to Appear Pro Hac Vice as to Alfredo J. Pelicci, Esq.. Signed by Magistrate Judge Michael A. Hammer on 2/9/2022. (ld, )
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Set/Reset Deadlines as to #85 MOTION for Leave to Appear Pro Hac Vice as to Alfredo J. Pelicci. Motion set for 2/22/2022 before Judge Esther Salas. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ld, )
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Filing 85
MOTION for Leave to Appear Pro Hac Vice as to Alfredo J. Pelicci by O'NEIL HALL, BASIL OGUEKWE, AHMED SUNKINS, MARK VENSON, MICHAEL J. WILLEMIN, ALISSA WINFREY. (Attachments: #1 Certification of Anthony G. Bizien in Support of Alfredo J. Pelicci's Application for Admission Pro Hac Vice, #2 Certification of Alfredo J. Pelicci in Support of His Application for Admission Pro Hac Vice, #3 Text of Proposed Order for Admission Pro Hac Vice)(BIZIEN, ANTHONY)
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Filing 84
Amended Scheduling Order on #82 Application/Motion to Complete Discovery. Signed by Magistrate Judge Michael A. Hammer on 1/7/2022. (ECR) (jqb, )
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Filing 83
TEXT ORDER: The Court has reviewed the parties' January 6, 2022 letter [D.E. 82]. There will be a telephone conference today, January 7, 2022, at 1:00 p.m. The conference will not be adjourned or rescheduled. Counsel shall dial 1-888-684-8852 and enter 1456817# to join the call.. So Ordered by Magistrate Judge Michael A. Hammer on 1/7/2022. (Hammer, Michael)
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Minute Entry for proceedings held before Magistrate Judge Michael A. Hammer: Telephone Conference re #82 Application/Motion to Complete Discovery. (ECR) (jqb, )
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Filing 82
MOTION for Extension of Time to Complete Discovery by O'NEIL HALL, BASIL OGUEKWE, AHMED SUNKINS, MARK VENSON, ALISSA WINFREY. (BIZIEN, ANTHONY) Modified on 1/7/2022 (jqb, ).
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Filing 81
ORDER granting #80 Motion for Leave to Appear Pro Hac Vice as to Renan F. Varghese, Esq.. Signed by Magistrate Judge Michael A. Hammer on 1/4/2022. (ld, )
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Filing 80
MOTION for Leave to Appear Pro Hac Vice as to Renan F. Varghese by O'NEIL HALL, BASIL OGUEKWE, AHMED SUNKINS, MARK VENSON, ALISSA WINFREY. (Attachments: #1 Certification of Anthony G. Bizien in Support of Renan F. Varghese's Application for Admission Pro Hac Vice, #2 Certification of Renan F. Varghese in Support of His Application for Admission Pro Hac Vice, #3 Text of Proposed Order for Admission Pro Hac Vice)(BIZIEN, ANTHONY)
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Filing 79
REPLY BRIEF to Opposition to Motion filed by All Defendants re #74 MOTION to Dismiss the Second Amended Complaint of Plaintiffs Sunkins, Hall and Oguekwe and to Compel Arbitration with Respect to Same (PELOSI, WILLIAM)
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Filing 78
CERTIFICATION in Opposition filed by O'NEIL HALL, BASIL OGUEKWE, AHMED SUNKINS, MARK VENSON, ALISSA WINFREY re #74 MOTION to Dismiss the Second Amended Complaint of Plaintiffs Sunkins, Hall and Oguekwe and to Compel Arbitration with Respect to Same (Attachments: #1 Exhibit 1 - Declaration of Basil Oguekwe, #2 Exhibit 2 - Declaration of Ahmed Sunkins, #3 Exhibit 3 - Declaration of O'Neil Hall)(BIZIEN, ANTHONY)
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Filing 77
MEMORANDUM in Opposition filed by O'NEIL HALL, BASIL OGUEKWE, AHMED SUNKINS, MARK VENSON, ALISSA WINFREY re #74 MOTION to Dismiss the Second Amended Complaint of Plaintiffs Sunkins, Hall and Oguekwe and to Compel Arbitration with Respect to Same (BIZIEN, ANTHONY)
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Filing 76
ORDER granting #75 Motion for Extension of Time to File Response/Reply re #75 Joint MOTION for Extension of Time to File Response/Reply as to #74 MOTION to Dismiss the Second Amended Complaint of Plaintiffs Sunkins, Hall and Oguekwe and to Compel Arbitration with Respect to Same : Plaintiffs may have an extra two days to file opposition to the motion, and Defendants may in turn have an extra two days to file the reply.. Signed by Magistrate Judge Michael A. Hammer on 12/20/2021. (Hammer, Michael)
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Filing 75
Joint MOTION for Extension of Time to File Response/Reply as to #74 MOTION to Dismiss the Second Amended Complaint of Plaintiffs Sunkins, Hall and Oguekwe and to Compel Arbitration with Respect to Same by O'NEIL HALL, BASIL OGUEKWE, AHMED SUNKINS, MARK VENSON, MICHAEL J. WILLEMIN, ALISSA WINFREY. (BIZIEN, ANTHONY)
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Set/Reset Deadlines as to #74 MOTION to Dismiss the Second Amended Complaint of Plaintiffs Sunkins, Hall and Oguekwe and to Compel Arbitration with Respect to Same. Motion set for 1/3/2022 before Judge Esther Salas. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ld, )
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Filing 74
MOTION to Dismiss the Second Amended Complaint of Plaintiffs Sunkins, Hall and Oguekwe and to Compel Arbitration with Respect to Same by BRIAN ALPER(in his professional capacities), BRIAN ALPER(in his individual capacities), JEFFREY ANCLIEN(in his professional capacities), JEFFREY ANCLIEN(in his individual capacities), PRO CUSTOM SOLAR LLC. Responses due by 12/20/2021 (Attachments: #1 Text of Proposed Order Order to Dismiss, #2 Brief Brief in Support of Defendants Motion to Dismiss, #3 Certification of William K. Pelosi, Esquire, #4 Exhibit Exhibit A, #5 Exhibit Exhibit B, #6 Exhibit Exhibit C, #7 Exhibit Exhibit D, #8 Certificate of Service)(PELOSI, WILLIAM)
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Filing 73
AMENDED COMPLAINT (Second) against BRIAN ALPER(in his professional capacities), BRIAN ALPER(in his individual capacities), JEFFREY ANCLIEN(in his professional capacities), JEFFREY ANCLIEN(in his individual capacities), PRO CUSTOM SOLAR LLC, filed by MARK VENSON, AHMED SUNKINS, O'NEIL HALL, ALISSA WINFREY, BASIL OGUEKWE.(BIZIEN, ANTHONY)
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Filing 72
TEXT ORDER: Today's Telephone Conference is adjourned to 2/4/2022 at 2:30 p.m. The parties will dial 1-888-684-8852 and access code 1456817# to join the conference. So Ordered by Magistrate Judge Michael A. Hammer on 11/16/2021. (jqb, )
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Pro Hac Vice counsel, MICHAEL J. WILLEMIN, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (dam)
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Filing 71
TEXT ORDER: The Court has reviewed the parties' joint letter, D.E. 68. The parties' request for a 90-day extension from the date of the Court's ruling on Plaintiff's Motion to Amend, D.E.s 69-70, to (1) conduct discovery on the claims of the additional plaintiffs and (2) complete fact depositions is granted. Both shall be completed by Monday, January 24, 2022. So Ordered by Magistrate Judge Michael A. Hammer on 10/26/2021. (jqb, )
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Filing 70
ORDER granting in part and denying in part #57 Motion to Amend/Correct; that with respect to Winfrey, Sunkins, Hall, and Oguekwe's proposed claims of discrimination in violation of 42 U.S.C. 1981 against Defendants Pro Custom Solar, LLC, Jeffrey Anclien, and Brian Alper (collectively "Defendants") (first cause of action) and proposed claims of discrimination in violation of the New Jersey Law Against Discrimination as against Pro Custom Solar, LLC (third cause of action), the motion to amend is granted; that with respect to Oguekwe's claim of retaliation in violation of 42 U.S.C. 1981 against Defendants (second cause of action) and Oguekwe's claim of retaliation inviolation of the New Jersey Law Against Discrimination as against Momentum (fourth cause of action), the motion to amend is granted;etc. Signed by Magistrate Judge Michael A. Hammer on 10/25/2021. (ld, )
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Filing 69
OPINION. Signed by Magistrate Judge Michael A. Hammer on 10/25/2021. (ld, )
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Filing 68
Letter from Alfredo J. Pelicci. (BIZIEN, ANTHONY)
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Filing 67
RESPONSE in Opposition filed by All Defendants re #57 MOTION to Amend/Correct the First Amended Complaint Sur-Reply of Defendants Pro Custom Solar LLC d/b/a Momentum Solar, Jeffrey Anclien and Brian Alper in Opposition to Plaintiff's Motion for Leave to Amend the First Amended Complaint and File a Second Amended Complaint (PELOSI, WILLIAM)
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Filing 66
TEXT ORDER: Further to the Order entered earlier today, Defendant shall file the sur-reply on or before October 7, 2021.. So Ordered by Magistrate Judge Michael A. Hammer on 9/30/2021. (Hammer, Michael)
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Filing 65
TEXT ORDER: The Court has reviewed Defendant's request to file a sur-reply in further opposition to the motion to amend [D.E. 64]. Defendant may file a sur-reply not to exceed three (3) double-spaced pages in length. No further briefing on the motion by any party will be permitted.. So Ordered by Magistrate Judge Michael A. Hammer on 9/30/2021. (Hammer, Michael)
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Filing 64
Letter from William K. Pelosi, Esquire requesting leave to file a Sur-Reply in Support of our Opposition to Plaintiff's Motion for Leave to File a Second Amended Complaint re #57 MOTION to Amend/Correct the First Amended Complaint. (PELOSI, WILLIAM)
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Filing 63
MEMORANDUM in Support filed by MARK VENSON re #57 MOTION to Amend/Correct the First Amended Complaint (Attachments: #1 Declaration of Michael J. Willemin in Further Support of Plaintiff's Motion for Leave to Amend, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(BIZIEN, ANTHONY)
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Filing 62
TEXT ORDER: The Court has reviewed Plaintiff's September 23, 2021 letter request [D.E. 61] to extend the page limit on its reply brief in further support of its motion to amend. The request is denied. Plaintiff offers no persuasive reason why it requires an expansion of the reply brief in further support of its own motion.. So Ordered by Magistrate Judge Michael A. Hammer on 9/24/2021. (Hammer, Michael)
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Filing 61
Letter from Anthony G. Bizien re #57 MOTION to Amend/Correct the First Amended Complaint. (BIZIEN, ANTHONY)
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Filing 60
BRIEF in Opposition filed by BRIAN ALPER(in his professional capacities), BRIAN ALPER(in his individual capacities), JEFFREY ANCLIEN(in his professional capacities), JEFFREY ANCLIEN(in his individual capacities), PRO CUSTOM SOLAR LLC re #57 MOTION to Amend/Correct the First Amended Complaint (Attachments: #1 Certification in Support of Defendants Brief in Opposition, #2 Exhibit Exhibits A-E, #3 Exhibit Exhibits F-I, #4 Exhibit Exhibit J, #5 Exhibit Exhibits K-M, #6 Exhibit Exhibit N, #7 Exhibit Exhibit O, #8 Exhibit Exhibits P-R, #9 Exhibit Exhibits S-V, #10 Exhibit Exhibit W)(PELOSI, WILLIAM)
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Filing 59
NOTICE of Appearance by AMANDA MARIE WILLIAMS on behalf of PRO CUSTOM SOLAR LLC (WILLIAMS, AMANDA)
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Filing 58
Notice of Request by Pro Hac Vice Michael J. Willemin to receive Notices of Electronic Filings. (BIZIEN, ANTHONY)
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Set/Reset Deadlines as to #57 MOTION to Amend/Correct the First Amended Complaint. Motion set for 10/4/2021 before Judge Esther Salas. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ld, )
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Filing 57
MOTION to Amend/Correct the First Amended Complaint by MARK VENSON. (Attachments: #1 Memorandum of Law In Support of Plaintiff Mark Venson's Motion for Leave to Amend the First Amended Complaint and File a Second Amended Complaint, #2 Declaration of Anthony G. Bizien In Support of Plaintiff Mark Venson's Motion for Leave to Amend the First Amended Complaint and File a Second Amended Complaint, #3 Exhibit A - Proposed Second Amended Complaint, #4 Exhibit B - Redlined Proposed Second Amended Complaint)(BIZIEN, ANTHONY)
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Filing 56
NOTICE of Appearance by ANTHONY GEORGE BIZIEN on behalf of MARK VENSON (BIZIEN, ANTHONY)
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Filing 55
TEXT ORDER: In light of Order #54 , tomorrow's telephone conference is cancelled. So Ordered by Magistrate Judge Michael A. Hammer on 8/10/2021. (jqb, )
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Filing 54
ORDER regarding revised proposed Case Management Order; There will be a Telephone Status Conference on 11/16/2021 at 12:30 p.m.. Signed by Magistrate Judge Michael A. Hammer on 8/10/2021. (ld, )
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Filing 53
Letter from Tanvir H. Rahman, enclosing proposed revised Case Management Orders re 52 Order,,. (Attachments: #1 Text of Proposed Order Plaintiff's revised proposed Case Management Order, #2 Text of Proposed Order Defendants' revised proposed Case Management Order)(RAHMAN, TANVIR)
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Filing 52
TEXT ORDER: The Court has reviewed the parties' proposed case management order [D.E. 51]. It is unclear to the Court as to why the proposed CMO appears to contemplate extensive additional written discovery, and deadline for new discovery written discovery disputes, particularly in view of the prior CMO entered on February 23, 2021 [D.E. 41]. If the contemplated additional discovery is due to the possibility of new putative class representatives, the parties shall so clarify, and shall limit any such additional discovery accordingly. The parties will submit any revised proposed CMO, and letter explaining the proposed CMO, by August 9, 2021.. So Ordered by Magistrate Judge Michael A. Hammer on 7/29/2021. (Hammer, Michael)
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Filing 51
Letter from William K. Pelosi, Esquire enclosing proposed revised Case Management Order in accordance with the Court's Order of July 12, 2021 re 50 Order,,. (Attachments: #1 Text of Proposed Order revised proposed Case Management Order)(PELOSI, WILLIAM)
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Filing 50
TEXT ORDER: The Court has reviewed the parties' July 9, 2021 status report [D.E. 49]. It appearing that mediation efforts were unsuccessful, the stay of proceedings is lifted, and the parties shall resume the litigation of this matter. The Court denies the parties' request to stay this matter pending Plaintiff's consideration of adding additional named plaintiffs. The parties shall submit a jointly revised Scheduling Order within fourteen days. So Ordered by Magistrate Judge Michael A. Hammer on 7/12/2021. (Hammer, Michael)
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Filing 49
Letter from Tanvir H. Rahman re 48 Order,. (RAHMAN, TANVIR)
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Filing 48
TEXT ORDER: The Court has reviewed the parties' May 19, 2021 letter proposing to adjourn the existing deadlines in light of their progress in mediation [D.E. 47]. The request is granted, and the parties will provide an updated status report on or before July 9, 2021. So Ordered by Magistrate Judge Michael A. Hammer on 5/20/2021. (Hammer, Michael)
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Filing 47
Letter from William K. Pelosi, Esquire regarding mediation status. (PELOSI, WILLIAM)
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Minute Entry for proceedings held before Magistrate Judge Michael A. Hammer: Status Conference held on 5/5/2021. (jqb, )
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Filing 46
TEXT ORDER: The next telephone conference in this matter will be on August 11, 2021 at 2:30 p.m. Counsel shall join the call by dialing 1-888-684-8852 and access code 1456817#. So Ordered by Magistrate Judge Michael A. Hammer on 5/5/21. (TAD)
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Filing 45
TEXT ORDER: As discussed at the May 5, 2021 conference, the parties will jointly inform the Court of the result of their mediation session on or before May 19, 2021. The Case Management Order entered on February 23, 2021 remains in full force and effect. So Ordered by Magistrate Judge Michael A. Hammer on 5/5/2021. (Hammer, Michael)
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Filing 44
Defendants Pro Custom Solar LLC d/b/a Momentum Solar, Jeffrey Anclien and Brian Alper's ANSWER to Amended Complaint of Plaintiff by BRIAN ALPER(in his professional capacities), BRIAN ALPER(in his individual capacities), JEFFREY ANCLIEN(in his professional capacities), JEFFREY ANCLIEN(in his individual capacities), PRO CUSTOM SOLAR LLC.(PELOSI, WILLIAM)
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Filing 43
AMENDED COMPLAINT against BRIAN ALPER(in his professional capacities), BRIAN ALPER(in his individual capacities), JEFFREY ANCLIEN(in his professional capacities), JEFFREY ANCLIEN(in his individual capacities), PRO CUSTOM SOLAR LLC, filed by MARK VENSON.(RAHMAN, TANVIR)
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Filing 42
ORDER REGARDING DISCOVERY DISPUTES; Defendants will produce a list of the NJ Call Center Employees who Defendants can identify as Black and/or African American who were employed at the call center from January 1, 2016 through at least February 1, 2021, (the Court having reserved judgment as to whether information beyond that date will be required), This list will be produced within 30 days of this Order, with the certifications that typically accompany responses to written discovery. The Court denies, without prejudice, Plaintiff's request for the production of performance-related documents concerning putative class members. The Court denies Defendants' request for Plaintiff's tax returns and authorizations for his tax returns.;etc. Signed by Magistrate Judge Michael A. Hammer on 2/23/2021. (ld, )
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Filing 41
REVISED CASE MANAGEMENT ORDER; Factual discovery to be completed by 8/1/2021. There shall be a telephone conference before the Undersigned on May 5, 2021 at 3:00PM.,etc. Signed by Magistrate Judge Michael A. Hammer on 2/23/2021. (ld, )
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Filing 40
Proposed Order (Joint) re Discovery Disputes by MARK VENSON. (RAHMAN, TANVIR)
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Filing 39
Joint Discovery Plan by MARK VENSON.(RAHMAN, TANVIR)
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Minute Entry for proceedings held before Magistrate Judge Michael A. Hammer: Telephone Status Conference held on 2/1/2021. (ECR) (jqb, )
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Filing 38
TEXT ORDER: The Telephone Status Conference set for 12/22/2020 is adjourned to 2/1/2021 at 3:30 p.m. before Magistrate Judge Michael A. Hammer. Dial 1-888-684-8852 and access code 1456817# to join the conference call. So Ordered by Magistrate Judge Michael A. Hammer on 12/17/2020. (jqb, )
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Filing 37
Defendant's Pro Custom Solar LLC d/b/a Momentum Solar, Jeffrey Anclien and Brian Alper's ANSWER to Complaint with JURY DEMAND by BRIAN ALPER(in his professional capacities), BRIAN ALPER(in his individual capacities), JEFFREY ANCLIEN(in his professional capacities), JEFFREY ANCLIEN(in his individual capacities), PRO CUSTOM SOLAR LLC.(PELOSI, WILLIAM)
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Filing 36
OPINION and ORDER denying #4 Employers' Motion to Strike. etc. Signed by Judge Kevin McNulty on 11/12/2020. (dam)
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Filing 35
TEXT ORDER: In light of counsel's request #34 , the telephone status conference set for 11/6/2020 is adjourned to 12/22/2020 at 2:30 p.m. Dial 1-888-684-8852 and access code 1456817# to join the conference call. So Ordered by Magistrate Judge Michael A. Hammer on 11/5/2020. (jqb, )
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Filing 34
Joint MOTION for Discovery Conference Adjournment by MARK VENSON. (RAHMAN, TANVIR)
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Filing 33
NOTICE of Appearance by DAWN MICHELE SIGYARTO on behalf of All Defendants (SIGYARTO, DAWN)
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Filing 32
TEXT ORDER: The Telephone Status Conference set for 10/29/2020 is adjourned to 11/6/2020 at 2:00 p.m. before Magistrate Judge Michael A. Hammer. Dial 1-888-684-8852 and access code 1456817# to join the conference call. So Ordered by Magistrate Judge Michael A. Hammer on 10/23/2020. (jqb, )
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Filing 31
TEXT ORDER: The status conference is adjourned to October 29, 2020 at 2:00 p.m. Counsel shall join the call by dialing 1-888-684-8852 and access code 1456817#. So Ordered by Magistrate Judge Michael A. Hammer on 10/16/2020. (TAD)
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Filing 30
TEXT ORDER: On or before 10/7/2020, Plaintiffs counsel shall mail a tabbed copy of letter #29 to the Court. The next Telephone Status Conference will be held on 10/21/2020 at 2:00 p.m. Please mark your calendar accordingly. So Ordered by Magistrate Judge Michael A. Hammer on 10/5/2020. (sms)
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Filing 29
Letter from Tanvir H. Rahman. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3)(RAHMAN, TANVIR)
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Filing 28
TEXT ORDER: The Court has reviewed the parties joint letter requesting a further extension of the deadline to raise discovery disputes, among other things [D.E. 27]. The request is granted in part. On or before September 25, 2020, all discovery disputes that the parties have failed to resolve through their meet-and-confer efforts shall be brought to the Courts attention via a joint letter that sets forth: (a) the specific discovery requested; (b) the response; (c) efforts to resolve the dispute; (d) why the complaining party believes the information is relevant and why the responding partys response continues to be deficient; and (e) why the responding party believes the response is sufficient. No further submissions regarding the dispute may be submitted without leave of Court. The telephone conference scheduled for October 2, 2020 is hereby adjourned to October 21, 2020 at 11:00 a.m. Please dial 1-888-684-8852 and access code 1456817# to join the conference call. So Ordered by Magistrate Judge Michael A. Hammer on 9/8/2020. (TAD)
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Filing 27
Letter from Defense and Plaintiff's Counsel (Jointly). (PELOSI, WILLIAM)
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Filing 26
TEXT ORDER: The Court has reviewed Plaintiffs letter dated August 21, 2020 [D.E. 25]. The parties' request for a two-week extension of the August 25, 2020, deadline to raise discovery disputes is granted. The telephone conference scheduled for September 4, 2020, is hereby adjourned to October 2, 2020, at 12:30 p.m. So Ordered by Magistrate Judge Michael A. Hammer on 8/24/2020. (TAD)
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Filing 25
Joint MOTION for Extension of Time to Complete Discovery by MARK VENSON. (RAHMAN, TANVIR)
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Filing 24
TEXT ORDER: The telephone conference scheduled for July 23, 2020, is hereby adjourned to September 4, 2020 at 11:00 a.m. The deadline to raise discovery disputes with the Court is extended to August 25, 2020. So Ordered by Magistrate Judge Michael A. Hammer on 7/23/2020. (TAD)
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Pro Hac Vice fee Received: $ 150, receipt number TRE110452 as to Michael J. Willemin, Esq. (jjc, )
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Filing 23
Discovery Confidentiality Order re #22 Proposed Pretrial Order. etc. Signed by Magistrate Judge Michael A. Hammer on 3/30/2020. (dam, )
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Filing 22
Proposed Pretrial Order by MARK VENSON. (Attachments: #1 Exhibit A - Agreement to be Bound by Discovery Confidentiality Order)(RAHMAN, TANVIR)
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Filing 21
ORDER setting Fact Discovery deadline and scheduling Telephone Status Conference. etc. Signed by Magistrate Judge Michael A. Hammer on 3/23/2020. (dam, )
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Minute Entry for proceedings held before Magistrate Judge Michael A. Hammer: Telephone Scheduling Conference held on 3/23/2020. (No Court Reporter/Recorder) (jqb, )
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Filing 20
Letter from Tanvir H. Rahman re 19 Order. (RAHMAN, TANVIR)
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Filing 19
TEXT ORDER: On or before 8:00 a.m. on 3/23/2020, counsel shall set up a conference call and electronically file the dial in information. So Ordered by Magistrate Judge Michael A. Hammer on 3/20/2020. (jqb, )
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Filing 18
Joint Discovery Plan by MARK VENSON.(RAHMAN, TANVIR)
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Filing 17
TEXT ORDER: This is a reminder that the parties' joint proposed discovery plan is due by close of business today. So Ordered by Magistrate Judge Michael A. Hammer on 3/19/2020. (TAD)
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Filing 16
TEXT ORDER: The Scheduling Conference set for 3/23/2020 at 10:30 a.m. shall proceed telephonically before Magistrate Judge Michael A. Hammer. Plaintiff will kindly initiate the call to 973-776-7858. The parties shall electronically file a joint discovery plan by 3/19/2020. So Ordered by Magistrate Judge Michael A. Hammer on 3/12/2020. (jqb, )
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Notice of Judicial Preferences. #Click here for the Judge's Individual Procedure Requirements. (ek)
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Filing 15
ORDER granting #9 Motion for Leave to Appear Pro Hac Vice as to Michael J. Willemin, Esq.. Signed by Magistrate Judge Michael A. Hammer on 1/30/2020. (ld, )
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Filing 14
TEXT ORDER: Scheduling Conference set for 3/23/2020 at 10:30 a.m. in Newark - Courtroom 2C before Magistrate Judge Michael A. Hammer. The parties shall electronically file a joint discovery plan by 3/19/2020. So Ordered by Magistrate Judge Michael A. Hammer on 1/15/2020. (jqb, )
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Filing 13
ORDER granting request for an extension of time up to and including Thursday, January 16, 2020, for Defendants to file their Reply to Plaintiff's Opposition re #10 Letter re #4 MOTION to Dismiss Defendants Alex Sheikh and Adam Gugino. Signed by Magistrate Judge Michael A. Hammer on 1/14/2020. (ld, )
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Filing 12
TEXT ORDER: On January 13, 2020, Defendants requested an extension of time to file their reply in support of their motion to dismiss, which was due on January 14, 2020. (D.E. No. 10). Because Defendants have since timely filed their reply brief (D.E. No. 11), the extension request is moot. So Ordered by Judge Esther Salas on 01/14/2020. So Ordered by Judge Esther Salas on 1/14/2020. (ek)
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Filing 11
REPLY BRIEF to Opposition to Motion filed by BRIAN ALPER(in his professional capacities), BRIAN ALPER(in his individual capacities), JEFFREY ANCLIEN(in his professional capacities), JEFFREY ANCLIEN(in his individual capacities), PRO CUSTOM SOLAR LLC re #4 MOTION to Dismiss Defendants Alex Sheikh and Adam Gugino from this Matter and to Strike Immaterial and Prejudicial Allegations from the Complaint Pursuant to FRCP 12(b)(6) and FRCP 12(f) (Attachments: #1 Declaration of William K. Pelosi, Esquire in Support of Defendants Motion to dismiss for Failure to State a Claim Pursuant to FRCP 12(b)(6) and Motion to Strike Certain Allegations from the Complaint Pursuant to FRCP 12(f), #2 Certificate of Service)(PELOSI, WILLIAM)
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Filing 10
Letter re #4 MOTION to Dismiss Defendants Alex Sheikh and Adam Gugino from this Matter and to Strike Immaterial and Prejudicial Allegations from the Complaint Pursuant to FRCP 12(b)(6) and FRCP 12(f). (PELOSI, WILLIAM)
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Set/Reset Deadlines as to #9 MOTION for Leave to Appear Pro Hac Vice for Michael J. Willemin. Motion set for 2/3/2020 before Judge Esther Salas. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jc, )
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Filing 9
MOTION for Leave to Appear Pro Hac Vice for Michael J. Willemin by MARK VENSON. (Attachments: #1 Certification of T. Rahman in Support of Pro Hac Vice Admission, #2 Certification of M. Willemin in Support of Pro Hac Vice Admission, #3 Text of Proposed Order for Pro Hac Vice Admission)(RAHMAN, TANVIR)
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Filing 8
MEMORANDUM in Opposition filed by MARK VENSON re #4 MOTION to Dismiss Defendants Alex Sheikh and Adam Gugino from this Matter and to Strike Immaterial and Prejudicial Allegations from the Complaint Pursuant to FRCP 12(b)(6) and FRCP 12(f) (RAHMAN, TANVIR)
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Filing 6
STIPULATION AND ORDER OF VOLUNTARY DISMISSAL AS TO CLAIMS AGAINST ALEX SHEIKH AND ADAM GUGINO; It is hereby stipulated and agreed by and between Mark Venson and Defendants Alex Sheikh, Adam Gugino, Jeffery Anclien, Brian Alpher, and Pro Custom Solar LLC d/b/a Momentum Solar that pursuant to Rule 41 (a)(1)(A)(ii) of the Federal Rules of Civil Procedure, Plaintiff, by and through undersigned counsel, hereby voluntarily dismisses all claims asserted as to Defendants Alex Sheikh and Adam Gugino ONLY, and not as to all claims or Defendants in this matter, without costs or attorneys' fees to any party. Signed by Judge Esther Salas on 1/6/2020. (sms)
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Filing 7
STIPULATION AND ORDER OF VOLUNTARY DISMISSAL, of all claims as to ADAM GUGINO and ALEX SHEIKH only, and not as to all claims or Defendants in this matter, without costs or attorneys' fees to any party. Parties terminated. Signed by Judge Esther Salas on 1/6/2020. (JB,)
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Filing 5
STIPULATION of Dismissal as to claims against Alex Sheikh and Adam Gugino by MARK VENSON. (RAHMAN, TANVIR)
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Filing 4
MOTION to Dismiss Defendants Alex Sheikh and Adam Gugino from this Matter and to Strike Immaterial and Prejudicial Allegations from the Complaint Pursuant to FRCP 12(b)(6) and FRCP 12(f) by BRIAN ALPER(in his professional capacities), BRIAN ALPER(in his individual capacities), JEFFREY ANCLIEN(in his professional capacities), JEFFREY ANCLIEN(in his individual capacities), ADAM GUGINO(in his individual capacities), ADAM GUGINO(in his professional capacities), PRO CUSTOM SOLAR LLC, ALEX SHEIKH(in his individual capacities), ALEX SHEIKH(in his professional capacities). Responses due by 1/7/2020 (Attachments: #1 Text of Proposed Order, #2 Declaration of William K. Pelosi, Esquire with Exhibits A-H, #3 Brief, #4 Certificate of Service)(PELOSI, WILLIAM)
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Set/Reset Deadlines as to #4 MOTION to Dismiss Defendants Alex Sheikh and Adam Gugino from this Matter and to Strike Immaterial and Prejudicial Allegations from the Complaint Pursuant to FRCP 12(b)(6) and FRCP 12(f). Motion set for 1/21/2020 before Judge Esther Salas. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ld, )
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Filing 3
WAIVER OF SERVICE Returned Executed by MARK VENSON. BRIAN ALPER(in his professional capacities) waiver sent on 10/25/2019, answer due 12/24/2019; BRIAN ALPER(in his individual capacities) waiver sent on 10/25/2019, answer due 12/24/2019; JEFFREY ANCLIEN(in his professional capacities) waiver sent on 10/25/2019, answer due 12/24/2019; JEFFREY ANCLIEN(in his individual capacities) waiver sent on 10/25/2019, answer due 12/24/2019; ADAM GUGINO(in his individual capacities) waiver sent on 10/25/2019, answer due 12/24/2019; ADAM GUGINO(in his professional capacities) waiver sent on 10/25/2019, answer due 12/24/2019; PRO CUSTOM SOLAR LLC waiver sent on 10/25/2019, answer due 12/24/2019; ALEX SHEIKH(in his individual capacities) waiver sent on 10/25/2019, answer due 12/24/2019; ALEX SHEIKH(in his professional capacities) waiver sent on 10/25/2019, answer due 12/24/2019. (RAHMAN, TANVIR)
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Filing 2
SUMMONS ISSUED as to BRIAN ALPER(in his professional capacities), BRIAN ALPER(in his individual capacities), JEFFREY ANCLIEN(in his professional capacities), JEFFREY ANCLIEN(in his individual capacities), ADAM GUGINO(in his individual capacities), ADAM GUGINO(in his professional capacities), PRO CUSTOM SOLAR LLC, ALEX SHEIKH(in his individual capacities), ALEX SHEIKH(in his professional capacities). Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (ld, )
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Judge Esther Salas and Magistrate Judge Michael A. Hammer added. (ps, )
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Filing 1
COMPLAINT against BRIAN ALPER(in his professional capacities), BRIAN ALPER(in his individual capacities), JEFFREY ANCLIEN(in his professional capacities), JEFFREY ANCLIEN(in his individual capacities), ADAM GUGINO(in his individual capacities), ADAM GUGINO(in his professional capacities), PRO CUSTOM SOLAR LLC, ALEX SHEIKH(in his individual capacities), ALEX SHEIKH(in his professional capacities) ( Filing and Admin fee $ 400 receipt number 0312-10053180) with JURY DEMAND, filed by MARK VENSON. (Attachments: #1 Civil Cover Sheet)(RAHMAN, TANVIR)
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