Garcia v. Levy Premium Foodservice Limited Partnership et al
| Vishon Garcia |
| Kenneth Williams, Levy Restaurants, Inc., Local 100, UNITE-HERE, Compass Group USA, Inc. and Levy Premium Foodservice Limited Partnership |
| 1:2017cv07596 |
| December 30, 2017 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Ann M Donnelly |
| Vera M Scanlon |
| Civil Rights: Jobs |
| 28 U.S.C. § 451 Employment Discrimination |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 12, 2019. A more recent docket listing may be available from PACER.
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Stipulation and order of dismissal. Ordered by Judge Ann M. Donnelly on 2/12/2019. (Greene, Donna)
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| Filing 34 STIPULATION of Dismissal Pursuant to FRCP 41(a) by Local 100, UNITE-HERE (Midgen, Andrew) |
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ORDER granting #33 Motion to Adjourn Conference. STATUS REPORT ORDER: At #33 , Plaintiff states that this matter has settled. On or before 2/15/2019, the Parties will file their stipulation of dismissal. The 1/15/2019 status conference is adjourned sine die. Ordered by Magistrate Judge Vera M. Scanlon on 1/15/2019. (Quinlan, Krista)
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| Filing 33 Second MOTION to Adjourn Conference by Vishon Garcia. (Thomas, William) |
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ORDER: The Parties failed to file a joint status report letter identifying any outstanding discovery disputes as required by the Court's 12/5/2018 Order. The Parties are directed to file their joint report letter by 5:00 PM on 1/14/2019. Ordered by Magistrate Judge Vera M. Scanlon on 1/11/2019. (Tuffaha, Omar)
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ORDER granting consent #32 Motion to Adjourn Conference. At the request of the parties, the 12/11/2018 Status Conference is rescheduled to 1/15/2019 at 2:45 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. On or before 1/10/2019, the Parties will file a joint status report letter, of no more than three pages, identifying any outstanding discovery disputes. Ordered by Magistrate Judge Vera M. Scanlon on 12/5/2018. (Quinlan, Krista)
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| Filing 32 First MOTION to Adjourn Conference by Vishon Garcia. (Thomas, William) |
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ORDER granting #2 Motion for Leave to Proceed in forma pauperis. If Plaintiff has any monetary recovery, Plaintiff must pay the first $400 to the Clerk of Court. Ordered by Magistrate Judge Vera M. Scanlon on 11/20/2018. (Quinlan, Krista)
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| Filing 31 ANSWER to #29 Crossclaim, Answer to Amended Complaint by Levy Premium Foodservice Limited Partnership. (Ganz, David) |
| Filing 30 ANSWER to #28 Amended Complaint by Levy Premium Foodservice Limited Partnership. (Ganz, David) |
| Filing 29 ANSWER to #28 Amended Complaint , CROSSCLAIM against Levy Premium Foodservice Limited Partnership by Local 100, UNITE-HERE. (Barker, Jane) |
| Filing 28 AMENDED COMPLAINT FIRST against All Defendants, filed by Vishon Garcia. (Thomas, William) |
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Filing 27
SCHEDULING ORDER: As discussed during the 7/18/2018 conference (see attached order for additional detail and deadlines), all discovery must be completed by 3/29/2019. On or before 3/29/2019, the Parties will file a joint status report letter confirming that discovery is complete. On or before 4/30/2019, the Parties will initiate any dispositive motions in accordance with the Individual Rules of the District Judge. On or before 5/31/2019, the Parties will file their joint Proposed Pretrial Order. An in person Status Conference is set for 12/11/2018 at 2:15 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. On or before 12/4/2018, the Parties will file a joint status report letter, of no more than three pages, identifying any outstanding discovery disputes. Defendant to provide Mr. Williams' last known address by 7/25/2018. Counsel are encouraged to discuss settlement. Ordered by Magistrate Judge Vera M. Scanlon on 7/18/2018. (Quinlan, Krista)
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 7/18/2018 in Courtroom 13A South. William Thomas appearing for Plaintiff. David Ganz, Jane Barker and Jonathan Shapiro appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #11:34-12:34.) (Quinlan, Krista) |
| Filing 26 Proposed Scheduling Order by Vishon Garcia (Thomas, William) |
| Filing 25 ANSWER to #1 Complaint by Levy Premium Foodservice Limited Partnership. (Ganz, David) |
| Filing 24 NOTICE of Change of Address/Firm/Email by David H. Ganz (Ganz, David) |
| Filing 23 ANSWER to #19 Amended Answer to Complaint, Crossclaim of Defendant UNITE HERE LOCAL 100 by Levy Premium Foodservice Limited Partnership. (Ganz, David) |
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ORDER granting #22 Motion to Adjourn Conference. The 6/20/2018 Initial Conference is rescheduled to 7/18/2018 at 11:30 AM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. The Parties are to refer to #14 and must file the joint proposed scheduling order by 7/12/2018. Ordered by Magistrate Judge Vera M. Scanlon on 6/18/2018. (Quinlan, Krista)
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| REQUEST for Certificate of Default is denied at this time as the Request for Certificate of Default cover page and the Proposed Clerk's Certificate of Default are missing re #21 Request for Certificate of Default. Please refer to the instructions located on the Court's website at: https://img.nyed.uscourts.gov/files/forms/defaultjgm.pdf and refile. (Poveda, J.) |
| Filing 22 First MOTION to Adjourn Conference by Vishon Garcia. (Thomas, William) |
| Filing 21 Request for Certificate of Default by Vishon Garcia (Attachments: #1 Affidavit of Service) (Thomas, William) |
| Filing 20 SUMMONS Returned Executed by Vishon Garcia. Kenneth Williams served on 4/30/2018, answer due 5/21/2018. (Attachments: #1 summons, #2 complaint) (Thomas, William) |
| Filing 19 AMENDED ANSWER to #1 Complaint , CROSSCLAIM against Levy Premium Foodservice Limited Partnership by Local 100, UNITE-HERE. (Barker, Jane) |
| Filing 18 NOTICE of Voluntary Dismissal by Vishon Garcia as against defendants Levy Restaurants, Inc. and Compass Group USA, Inc. (Thomas, William) |
| Filing 17 WAIVER OF SERVICE Returned Executed by Vishon Garcia. Levy Premium Foodservice Limited Partnership waiver sent on 4/30/2018, answer due 6/29/2018. (Thomas, William) |
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Notice of voluntary dismissal of all claims against defendants Compass Group USA, Inc. and Levy Restaurants, Inc.Ordered by Judge Ann M. Donnelly on 5/31/2018. (Greene, Donna)
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| Filing 16 Corporate Disclosure Statement by Levy Premium Foodservice Limited Partnership (Attachments: #1 Certificate of Service) (Ganz, David) |
| Filing 15 NOTICE of Appearance by David H. Ganz on behalf of Levy Premium Foodservice Limited Partnership (aty to be noticed) (Attachments: #1 Certificate of Service) (Ganz, David) |
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Filing 14
SCHEDULING ORDER: As set forth in the attached Order, an Initial Conference is scheduled for 6/20/2018 at 3:30 PM before Magistrate Judge Scanlon in Courtroom 13A South. Plaintiff's counsel is directed to confirm with Defendants' counsel that all necessary participants are aware of this conference. Counsel must complete the attached joint proposed scheduling order and file on ECF no later than 6/14/2018. Ordered by Magistrate Judge Vera M. Scanlon on 5/18/2018. (Quinlan, Krista)
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| Filing 13 NOTICE of Appearance by Andrew David Midgen on behalf of Local 100, UNITE-HERE (aty to be noticed) (Midgen, Andrew) |
| Filing 12 Corporate Disclosure Statement by Local 100, UNITE-HERE (Barker, Jane) |
| Filing 11 ANSWER to #1 Complaint by Local 100, UNITE-HERE. (Barker, Jane) |
| Filing 10 Summons Issued as to Levy Premium Foodservice Limited Partnership. (Ramesar, Thameera) |
| Filing 9 Proposed Summons. by Vishon Garcia (Thomas, William) |
| Filing 8 Summons Issued as to Local 100, UNITE-HERE and Kenneth Williams. (Attachments: #1 Summons) (Ramesar, Thameera) |
| Filing 7 Proposed Summons. by Vishon Garcia (Thomas, William) |
| Filing 6 Proposed Summons. by Vishon Garcia (Thomas, William) |
| Filing 5 Proposed Summons. Re #1 Complaint by Vishon Garcia (Thomas, William) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
| Case Assigned to Judge Ann M Donnelly and Magistrate Judge Vera M. Scanlon. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Motions referred to Vera M. Scanlon. (Davis, Kimberly) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Vishon Garcia. (Davis, Kimberly) |
| Filing 1 COMPLAINT FIRST against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Vishon Garcia. (Thomas, William) (Additional attachment(s) added on 1/2/2018: #1 Civil Cover Sheet) (Davis, Kimberly). |
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