CRUZ et al v. ASPEN LANDSCAPING CONTRACTING, INC. et al
| EFRAIN MORALES, ANTONIO M. DA ROSA, WILFREDO SANCHEZ, WALTER CHAVARRIA, LUIS OBANDO, ANGEL CRUZ, JOSE VERA VALDEZ, EUCLIDES RUPERTO MENDEZ, EMANUEL RUPERTO LOPEZ, JOSE ADOLFO BARRAZA and ANGEL E. CALVA SALA |
| EASTERN LANDSCAPE CONTRACTORS, INC., MARIA FUENTES, ASPEN LANDSCAPING CONTRACTING, INC. and DONALD FUENTES |
| 2:2020cv08546 |
| July 9, 2020 |
| US District Court for the District of New Jersey |
| James B Clark |
| Kevin McNulty |
| Labor: Fair Standards |
| 28 U.S.C. § 1441 Notice of Removal- Labor/Mgmnt. Relatio |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 9, 2021. A more recent docket listing may be available from PACER.
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Filing 35
Transmittal Letter for remanded case to Essex County Veterans Courthouse50 West Market StreetNewark, NJ 07102 State No: L-008360-16. Mailed certified copy of the Order remanding case. (qa, )
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***Civil Case Terminated. See #33 Opinion and #34 Order. (qa, )
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Filing 34
ORDER granting in part and denying in part #15 Defendants' Motion. Plaintiffs' request to file a Fourth Amended Complaint is GRANTED. Upon Amendment, Plaintiffs' Motion to Remand is also GRANTED. Plaintiffs' request for attorneys' fees and costs is DENIED. The Clerk shall remand this case to the Superior Court of New Jersey, Essex County. etc. Signed by Judge Kevin McNulty on 2/8/2021. (qa, )
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Filing 33
OPINION. Signed by Judge Kevin McNulty on 2/8/2021. (qa)
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Filing 32
RESPONSE to Motion filed by MARIA FUENTES re #15 MOTION to Amend/Correct Complaint and to Remand this Case to State Court (WRIGHT, KERRI)
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Filing 31
ORDER granting #29 Defendant's Letter requesting permission to file a surreply. etc. Signed by Magistrate Judge James B. Clark on 9/21/2020. (dam, )
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Filing 30
Letter from Plaintiffs. (VARCADIPANE, JEFFREY)
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Filing 29
Letter from Kerri A. Wright. (WRIGHT, KERRI)
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Filing 28
MEMORANDUM OF LAW in Further Support to Motion filed by All Plaintiffs re #15 MOTION to Amend/Correct Complaint and to Remand this Case to State Court (Attachments: #1 Declaration Declaration of Samuel S. Saltman, Esq., #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5)(VARCADIPANE, JEFFREY) Modified on 9/15/2020 (dam, ).
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Filing 27
BRIEF in Opposition filed by MARIA FUENTES re #15 MOTION to Amend/Correct Complaint and to Remand this Case to State Court (Attachments: #1 Certification)(WRIGHT, KERRI)
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Filing 26
NOTICE of Appearance by KATHRYN KYLE FORMAN on behalf of MARIA FUENTES (FORMAN, KATHRYN)
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Filing 25
BRIEF in Opposition filed by EASTERN LANDSCAPE CONTRACTORS, INC., DONALD FUENTES re #15 MOTION to Amend/Correct Complaint and to Remand this Case to State Court (Attachments: #1 Declaration Declaration of Anthony M. Rainone, Esq. in Support of Opposition to Plaintiffs' Motion to Amend and Remand)(RAINONE, ANTHONY)
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Filing 24
ORDER re #19 Plaintiffs' Letter. Defendants' Motions to Dismiss (ECF No. #12 , #18 ) are hereby administratively terminated pending disposition of Plaintiffs' Motion to Amend. etc. Signed by Magistrate Judge James B. Clark on 8/25/2020. (dam, )
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Filing 23
ORDER granting #17 Defendants' Letter Rule 7.1. ORDER resetting Hearing on #15 Plaintiffs' MOTION to File an Amended Complaint and Remand this Case to State Court. Motion reset for 9/21/2020 before Judge Kevin McNulty. etc. Signed by Magistrate Judge James B. Clark on 8/25/2020. (dam, )
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| Filing 22 Letter from Michael A. Spizzuco, Jr., Esq. re: Plaintiffs Request for Abeyance. (SPIZZUCO, MICHAEL) |
| Filing 21 Letter from Plaintiffs. (VARCADIPANE, JEFFREY) |
| Filing 20 Letter from Defendants EASTERN LANDSCAPE CONTRACTORS, INC., DONALD FUENTES. (SPIZZUCO, MICHAEL) |
| Resetting Deadlines as to #12 MOTION to Dismiss . Motion set for 9/21/2020 before Judge Kevin McNulty. 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. (nic, ) |
| Filing 19 Letter from Plaintiffs. (VARCADIPANE, JEFFREY) |
| Filing 18 MOTION to Dismiss by MARIA FUENTES. Responses due by 9/8/2020 (Attachments: #1 Brief, #2 Certification, #3 Text of Proposed Order)(WRIGHT, KERRI) |
| Set Deadlines as to #18 Defendant's MOTION to Dismiss. Motion set for 9/8/2020 before Judge Kevin McNulty. 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. (dam, ) |
| Filing 17 Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion filed by EASTERN LANDSCAPE CONTRACTORS, INC., DONALD FUENTES re #15 MOTION to Amend/Correct Complaint and to Remand this Case to State Court (RAINONE, ANTHONY) |
| Filing 16 Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion filed by All Plaintiffs re #12 MOTION to Dismiss (VARCADIPANE, JEFFREY) |
| Set Deadlines as to #15 Plaintiffs' MOTION for Leave to File an Amended Complaint and Remand this Case to State Court. Motion set for 9/8/2020 before Judge Kevin McNulty. 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. (dam, ) |
| Filing 15 MOTION to Amend/Correct Complaint and to Remand this Case to State Court by All Plaintiffs. (Attachments: #1 Declaration Declaration of Samuel S. Saltman, Esq., #2 Text of Proposed Order Proposed Order, #3 Exhibit Exhibit 1, #4 Exhibit Exhibit 2, #5 Exhibit Exhibit 3, #6 Exhibit Exhibit 4, #7 Exhibit Exhibit 5, #8 Exhibit Exhibit 6, #9 Exhibit Exhibit 7, #10 Exhibit Exhibit 8, #11 Exhibit Exhibit 9, #12 Exhibit Exhibit 10, #13 Exhibit Exhibit 11, #14 Exhibit Exhibit 12, #15 Exhibit Exhibit 13, #16 Exhibit Exhibit 14, #17 Exhibit Exhibit 15, #18 Exhibit Exhibit 16, #19 Exhibit Exhibit 17)(VARCADIPANE, JEFFREY) |
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Filing 14
ORDER that Plaintiff's Fourth Amended Complaint is hereby withdrawn, etc, re #10 Letter. Signed by Magistrate Judge James B. Clark on 8/6/2020. (lag, )
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Filing 13
CONSENT ORDER FOR AN EXTENSION OF TIME TO ANSWER, MOVE, OR OTHERWISE REPLY TO PLAINTIFF'S PLEADINGS, etc. Signed by Judge Kevin McNulty on 8/6/2020. (lag, )
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| Set Deadlines as to #12 Defendants' MOTION to Dismiss. Motion set for 9/8/2020 before Judge Kevin McNulty. 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. (dam, ) |
| Filing 12 MOTION to Dismiss by EASTERN LANDSCAPE CONTRACTORS, INC., DONALD FUENTES. Responses due by 8/25/2020 (Attachments: #1 Brief, #2 Declaration of Anthony M. Rainone, Esq., #3 Text of Proposed Order)(RAINONE, ANTHONY) |
| Filing 11 Proposed Order Consent Order extending time to answer by MARIA FUENTES. (WRIGHT, KERRI) |
| Filing 10 Letter from Plaintiffs. (VARCADIPANE, JEFFREY) |
| Filing 9 FOURTH AMENDED COMPLAINT against EASTERN LANDSCAPE CONTRACTORS, INC., DONALD FUENTES, MARIA FUENTES, filed by EFRAIN MORALES, WILFREDO SANCHEZ, EUCLIDES RUPERTO MENDEZ, WALTER CHAVARRIA, JOSE VERA VALDEZ, EMANUEL RUPERTO LOPEZ, ANGEL E. CALVA SALA, LUIS OBANDO, ANGEL CRUZ, ANTONIO M. DA ROSA, JOSE ADOLFO BARRAZA.(VARCADIPANE, JEFFREY) Modified on 7/20/2020 (dam). |
| Filing 8 Application and Proposed Order for Clerk's Order to extend time to answer as to Defendants Eastern Landscape Contractors, Inc. and Donald Fuentes. Attorney ANTHONY M. RAINONE for EASTERN LANDSCAPE CONTRACTORS, INC.,ANTHONY M. RAINONE for DONALD FUENTES added. (RAINONE, ANTHONY) |
| Clerk's Text Order - The document #8 Application for Clerk's Order to Ext Answer/Proposed Order, submitted by DONALD FUENTES, EASTERN LANDSCAPE CONTRACTORS, INC. has been GRANTED. The answer due date has been set for 7/30/2020. (dam, ) |
| Filing 7 Application and Proposed Order for Clerk's Order to extend time to answer as to Maria Fuentes. Attorney KERRI ANN WRIGHT for MARIA FUENTES added. (WRIGHT, KERRI) |
| Filing 6 Corporate Disclosure Statement by EASTERN LANDSCAPE CONTRACTORS, INC., DONALD FUENTES. (RAINONE, ANTHONY) |
| Filing 5 NOTICE of Appearance by CARL J. SORANNO on behalf of EASTERN LANDSCAPE CONTRACTORS, INC., DONALD FUENTES (SORANNO, CARL) |
| Clerk's Text Order - The document #7 Application for Clerk's Order to Ext Answer/Proposed Order submitted by MARIA FUENTES has been GRANTED. The answer due date has been set for 7/30/2020. (dam, ) |
| Filing 4 NOTICE of Appearance by KERRI ANN WRIGHT on behalf of MARIA FUENTES (WRIGHT, KERRI) |
| Filing 3 CERTIFICATION in Support of Joinder of Kerri A. Wright, Esq. on behalf of MARIA FUENTES Re #1 Notice of Removal,. (WRIGHT, KERRI) Modified on 7/10/2020 (dam, ). |
| CLERK'S QUALITY CONTROL MESSAGE - Please be advised, pursuant to Fed. R. Civ. Pro. 7.1, a disclosure statement is required to be filed by a nongovernmental corporate party. Please refer to the Court's website at www.njd.uscourts.gov for a form and filing instructions. (dam, ) |
| Case Assigned to Judge Kevin McNulty and Magistrate Judge James B. Clark. (ak, ) |
| Filing 2 NOTICE of Appearance by MICHAEL A. SPIZZUCO, JR on behalf of EASTERN LANDSCAPE CONTRACTORS, INC., DONALD FUENTES (SPIZZUCO, MICHAEL) |
| Filing 1 NOTICE OF REMOVAL by DONALD FUENTES, EASTERN LANDSCAPE CONTRACTORS, INC. from SUPERIOR COURT OF ESSEX COUNTY, L-008360-16. ( Filing and Admin fee $ 400 receipt number ANJDC-11052723), filed by DONALD FUENTES, EASTERN LANDSCAPE CONTRACTORS, INC.. (Attachments: #1 Civil Cover Sheet)(RAINONE, ANTHONY) Modified on 7/10/2020 (dam, ). |
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