Luyando v. Pay-O-Matic Check Cashing Corp. et al
| Carmen Luyando |
| John and Jane Does 1-100, Pay-O-Matic Check Cashing Corp. and The Pay-O-Matic Corp |
| David Buchanan, Eva Figueroa and Javon Jones |
| 1:2019cv03571 |
| June 17, 2019 |
| US District Court for the Eastern District of New York |
| Frederic Block |
| Steven M Gold |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 11, 2019. A more recent docket listing may be available from PACER.
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| Filing 41 NOTICE by Pay-O-Matic Check Cashing Corp., The Pay-O-Matic Corp for HH&K and Albert J. Millus, Jr. to withdraw as counsel (Millus, Albert) |
| Filing 40 Minute Entry: Telephone Conference held on 7/9/2019 before Magistrate Judge Steven M. Gold. Lee for Buchanan; Weisenberg for Luyando; Kozak, Schindel and Burker for Pay-O-Matic. The parties will submit a stipulation by July 17, 2019, providing for dismissal of the claims asserted by plaintiffs in 19cv3571 and 19cv3578, without prejudice to the prosecution of those same claims in 18cv885. Counsel are encouraged to contact my chambers to schedule a case management or settlement conference as soon as they conclude it would be productive to do so. (FTR Log #11:31-11:41.) (Gillespie, Saudia) |
| Filing 39 First MOTION to Withdraw as Attorney by John and Jane Does 1-100, Pay-O-Matic Check Cashing Corp., The Pay-O-Matic Corp. (Millus, Albert) |
ELECTRONIC ORDER: Granting Albert J. Millus motion #39 to withdraw as counsel for the defendants. Attorney Albert John Millus, Jr terminated. Ordered by Judge Frederic Block on 7/9/2019. (Innelli, Michael)
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| Filing 38 NOTICE of Appearance by Robert W. Ottinger on behalf of Carmen Luyando (aty to be noticed) (Ottinger, Robert) |
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SCHEDULING ORDER: The telephone conference previously scheduled for June 26, 2019 is adjourned to July 9, 2019 at 11:30 a.m. before the undersigned. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. The parties shall confer with counsel in 18cv885 about arranging the call. Also see case 18cv3578. Ordered by Magistrate Judge Steven M. Gold on 6/26/2019. (Gillespie, Saudia)
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| Filing 37 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) |
| Filing 36 Case transferred in from District of New York Southern; Case Number 1:18-cv-11114. Original file certified copy of transfer order and docket sheet received. |
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SCHEDULING ORDER: A telephone conference will be held at 10:00 a.m. on June 26, 2019 before the undersigned. Counsel for all parties must participate. Counsel for plaintiff is directed to arrange the call with all parties as well as immediately confirm this conference date and time with defendants' counsel. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge Steven M. Gold on 6/18/2019. Ordered by Magistrate Judge Steven M. Gold on 6/18/2019. (Gillespie, Saudia)
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| The case of Luyando v. Pay-O-Matic Check Cashing Corp. et al, has been transferred from Southern District of New York to the Eastern District of New York. The new case number is 19-cv-3571. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Davis, Kimberly) |
| 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 New York (jca) [Transferred from New York Southern on 6/18/2019.] |
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Filing 35
ORDER: On May 31, 2019, the parties in this action jointly requested that this Court transfer this action to the Eastern District of New York as related to Buchanan v. Pay-0-Matic Check Cashing Corp., 2:18-cv-885 (FB)(SMG). Dkt. No. 34. Accordingly, the Clerk of Court is respectfully directed to transfer this action to the Eastern District. SO ORDERED. (Signed by Judge Alison J. Nathan on 6/10/2019) (jca) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 6/18/2019.]
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| Filing 34 STATUS REPORT. on behalf of the parties Document filed by Carmen Luyando, Carmen Luyando.(Weisenberg, Benjamin) [Transferred from New York Southern on 6/18/2019.] |
| Filing 33 NOTICE OF CHANGE OF ADDRESS by Taimur Alamgir on behalf of All Plaintiffs. New Address: Lee Litigation Group PLLC, 148 W. 24th Street, 8th Fl., New York, New York, USA 10011, 212-465-1180. (Alamgir, Taimur) [Transferred from New York Southern on 6/18/2019.] |
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Filing 32
MEMO ENDORSEMENT on re: #31 Status Report filed by Carmen Luyando. ENDORSEMENT: SO ORDERED. (Signed by Judge Alison J. Nathan on 5/21/2019) (ne) [Transferred from New York Southern on 6/18/2019.]
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| Filing 31 STATUS REPORT. filed on behalf of all parties Document filed by Carmen Luyando, Carmen Luyando.(Weisenberg, Benjamin) [Transferred from New York Southern on 6/18/2019.] |
| Filing 30 NOTICE OF APPEARANCE by Isaac Jonathan Burker on behalf of Pay-O-Matic Check Cashing Corp., The Pay-O-Matic Corp. (Burker, Isaac) [Transferred from New York Southern on 6/18/2019.] |
| Filing 29 NOTICE OF APPEARANCE by Jonathan Marc Kozak on behalf of Pay-O-Matic Check Cashing Corp., The Pay-O-Matic Corp. (Kozak, Jonathan) [Transferred from New York Southern on 6/18/2019.] |
| Filing 28 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/12/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) [Transferred from New York Southern on 6/18/2019.] |
| Filing 27 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/12/2019 before Judge Alison J. Nathan. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/14/2019. Redacted Transcript Deadline set for 5/24/2019. Release of Transcript Restriction set for 7/22/2019.(McGuirk, Kelly) [Transferred from New York Southern on 6/18/2019.] |
| Filing 26 NOTICE OF APPEARANCE by Miriam Schindel on behalf of Pay-O-Matic Check Cashing Corp., The Pay-O-Matic Corp. (Schindel, Miriam) [Transferred from New York Southern on 6/18/2019.] |
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Filing 25
ORDER: As stated on the record at the conference held on April 12, 2019, this action is stayed pending the pre-motion conference currently scheduled in Buchanan v. Pay-0-Matic Check Cashing Corp., No. 18-CV-885 (SMG) (E.D.N.Y.). By May 17, 2019, the parties shall submit a status update regarding the outcome of such conference and addressing whether further stay of this action, transfer of this action, or entry of a revised case management plan is requested. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/12/2019) (rro) [Transferred from New York Southern on 6/18/2019.]
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| Case Stayed. (rro) [Transferred from New York Southern on 6/18/2019.] |
| Minute Entry for proceedings held before Judge Alison J. Nathan. Initial pre-trial conference held. Matter stayed pending motion in case in EDNY. Counsel to submit joint letter to the Court by Friday, May 17, 2019. See transcript for complete details. (Court Reporter Tom Murray) (qs) [Transferred from New York Southern on 6/18/2019.] |
| Filing 24 LETTER addressed to Judge Alison J. Nathan from Taimur Alamgir dated April 11, 2019 re: Intent to Appear at Initial Conference, Proposed Intervenor Pleading. Document filed by David Buchanan, Eva Figueroa, Javon Jones. (Attachments: #1 Proposed Intervenor Pleading)(Alamgir, Taimur) [Transferred from New York Southern on 6/18/2019.] |
| Filing 23 MEMORANDUM OF LAW in Support re: #22 MOTION to Intervene and For Other Relief. . Document filed by David Buchanan, Eva Figueroa, Javon Jones. (Attachments: #1 Exhibits A-B)(Alamgir, Taimur) [Transferred from New York Southern on 6/18/2019.] |
| Filing 22 MOTION to Intervene and For Other Relief. Document filed by David Buchanan, Eva Figueroa, Javon Jones.(Alamgir, Taimur) [Transferred from New York Southern on 6/18/2019.] |
| Filing 21 NOTICE OF APPEARANCE by Taimur Alamgir on behalf of David Buchanan, Eva Figueroa, Javon Jones. (Alamgir, Taimur) [Transferred from New York Southern on 6/18/2019.] |
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Filing 20
ORDER denying #19 Letter Motion for Discovery. The parties' adjournment request is denied. At the initial pretrial conference, the parties shall explain the basis for their request for a stay of discovery in this action and the Court will entertain any appropriate requests for stay relief. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/9/2019) (kv) [Transferred from New York Southern on 6/18/2019.]
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| Filing 19 FIRST LETTER MOTION for Discovery Joint Letter as directed by Your Honor's Initial Pretrial Conference Order addressed to Judge Alison J. Nathan from Benjamin D. Weisenberg dated April 5, 2019. Document filed by Carmen Luyando. (Attachments: #1 Text of Proposed Order)(Weisenberg, Benjamin) [Transferred from New York Southern on 6/18/2019.] |
| Filing 18 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate W.R. Berkley Corp. for Pay-O-Matic Check Cashing Corp., The Pay-O-Matic Corp. Document filed by Pay-O-Matic Check Cashing Corp., The Pay-O-Matic Corp.(Millus, Albert) [Transferred from New York Southern on 6/18/2019.] |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Albert John Millus to RE-FILE Document #16 Rule 7.1 Corporate Disclosure Statement,. ERROR(S): Not All Corporate Parents were added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb) [Transferred from New York Southern on 6/18/2019.] |
| Filing 17 ANSWER to #15 Amended Complaint. Document filed by John and Jane Does 1-100, Pay-O-Matic Check Cashing Corp., The Pay-O-Matic Corp.(Millus, Albert) [Transferred from New York Southern on 6/18/2019.] |
| Filing 16 FILING ERROR NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent The Pay-O-Matic Corp. for Pay-O-Matic Check Cashing Corp.; Corporate Parent FEF Cash, Inc. for The Pay-O-Matic Corp. Document filed by Pay-O-Matic Check Cashing Corp., The Pay-O-Matic Corp.(Millus, Albert) Modified on 2/15/2019 (lb). [Transferred from New York Southern on 6/18/2019.] |
| Filing 15 FIRST AMENDED COMPLAINT amending #1 Complaint against John and Jane Does 1-100, Pay-O-Matic Check Cashing Corp., The Pay-O-Matic Corp with JURY DEMAND.Document filed by Carmen Luyando. Related document: #1 Complaint.(Weisenberg, Benjamin) [Transferred from New York Southern on 6/18/2019.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Benjamin D Weisenberg to RE-FILE Document No. #14 Amended Complaint,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; all of the parties listed on the pleading were not entered on CM ECF, Carmen Luyando must be added to CM ECF with no party text; the PDF must be titled as 'Amended Complaint', not 'Complaint'. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) [Transferred from New York Southern on 6/18/2019.] |
| Filing 14 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - FIRST AMENDED COMPLAINT amending #12 Amended Complaint, #1 Complaint against John and Jane Does 1-100, Pay-O-Matic Check Cashing Corp., The Pay-O-Matic Corp with JURY DEMAND.Document filed by Carmen Luyando. Related document: #12 Amended Complaint, #1 Complaint.(Weisenberg, Benjamin) Modified on 1/8/2019 (pc). [Transferred from New York Southern on 6/18/2019.] |
| ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Carmen Luyando added. Party added pursuant to #12 Amended Complaint,.Document filed by Carmen Luyando. Related document: #12 Amended Complaint,.(Weisenberg, Benjamin) [Transferred from New York Southern on 6/18/2019.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Benjamin D Weisenberg to RE-FILE re: Document No. #12 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; Carmen Luyando must be added to CM ECF with no party text; the PDF must be titled as 'Amended Complaint', not 'Complaint'. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. **DO NOT USE GOOGLE CHROME OR SAFARI BROWSERS** Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pne) [Transferred from New York Southern on 6/18/2019.] |
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Filing 13
ORDER granting #11 Letter Motion for Extension of Time to Answer. SO ORDERED. John and Jane Does 1-100 answer due 2/14/2019; Pay-O-Matic Check Cashing Corp. answer due 2/14/2019; The Pay-O-Matic Corp answer due 2/14/2019 (Signed by Judge Alison J. Nathan on 1/4/2019) (cf) [Transferred from New York Southern on 6/18/2019.]
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| Filing 12 FILING ERROR - PDF ERROR - FIRST AMENDED COMPLAINT amending #1 Complaint against John and Jane Does 1-100, Pay-O-Matic Check Cashing Corp., The Pay-O-Matic Corp with JURY DEMAND.Document filed by Carmen Luyando. Related document: #1 Complaint.(Weisenberg, Benjamin) Modified on 1/7/2019 (pne). [Transferred from New York Southern on 6/18/2019.] |
| Filing 11 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Magistrate Judge Robert W. Lehrburger from Albert J. Millus, Jr., Esq. dated December 26, 2018. Document filed by John and Jane Does 1-100, Pay-O-Matic Check Cashing Corp., The Pay-O-Matic Corp.(Millus, Albert) [Transferred from New York Southern on 6/18/2019.] |
| Filing 10 NOTICE OF APPEARANCE by Albert John Millus, Jr on behalf of John and Jane Does 1-100, Pay-O-Matic Check Cashing Corp., The Pay-O-Matic Corp. (Millus, Albert) [Transferred from New York Southern on 6/18/2019.] |
| Filing 9 AFFIDAVIT OF SERVICE. The Pay-O-Matic Corp served on 12/5/2018, answer due 12/26/2018. Service was accepted by Shazia Mohammed. Document filed by Carmen Luyando. (Weisenberg, Benjamin) [Transferred from New York Southern on 6/18/2019.] |
| Filing 8 AFFIDAVIT OF SERVICE. Pay-O-Matic Check Cashing Corp. served on 12/5/2018, answer due 12/26/2018. Service was accepted by Shazia Mohammed. Document filed by Carmen Luyando. (Weisenberg, Benjamin) [Transferred from New York Southern on 6/18/2019.] |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Pay-O-Matic Check Cashing Corp., The Pay-O-Matic Corp. (dnh) [Transferred from New York Southern on 6/18/2019.] |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to PAY-O-MATIC CHECK CASHING CORP., THE PAY-O-MATIC CORP, re: #1 Complaint. Document filed by Carmen Luyando. (Weisenberg, Benjamin) [Transferred from New York Southern on 6/18/2019.] |
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Filing 5
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 4/12/2019 at 03:00 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference. (As further set forth in this Order.) (Signed by Judge Alison J. Nathan on 11/30/2018) (cf) [Transferred from New York Southern on 6/18/2019.]
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Benjamin D Weisenberg to RE-FILE Document No. #4 Request for Issuance of Summons. The filing is deficient for the following reason(s): 'As to' Error; Only list the parties as to whom the summons is being requested in the docket entry. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) [Transferred from New York Southern on 6/18/2019.] |
| Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to PAY-O-MATIC CHECK CASHING CORP., THE PAY-O-MATIC CORP., and JOHN and JANE DOES 1-100,, re: #1 Complaint. Document filed by Carmen Luyando. (Weisenberg, Benjamin) Modified on 11/30/2018 (dnh). [Transferred from New York Southern on 6/18/2019.] |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Benjamin D Weisenberg. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:0002; Fee Status code due (due). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:0201; the Fee Status code has been modified to pd (paid). (sj) [Transferred from New York Southern on 6/18/2019.] |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Benjamin D Weisenberg. The party information for the following party/parties has been modified: Carmen Luyando. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (sj) [Transferred from New York Southern on 6/18/2019.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. 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 #http://nysd.uscourts.gov/ecf_filing.php. (sj) [Transferred from New York Southern on 6/18/2019.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Benjamin D Weisenberg to RE-FILE Document No. #2 Request for Issuance of Summons. The filing is deficient for the following reason(s): docket entry must state to whom the request for summons is for. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj) [Transferred from New York Southern on 6/18/2019.] |
| Magistrate Judge Robert W. Lehrburger 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: #http://nysd.uscourts.gov/forms.php. (sj) [Transferred from New York Southern on 6/18/2019.] |
| Case Designated ECF. (sj) [Transferred from New York Southern on 6/18/2019.] |
| Filing 3 CIVIL COVER SHEET filed. (Weisenberg, Benjamin) [Transferred from New York Southern on 6/18/2019.] |
| Filing 2 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to, re: #1 Complaint. Document filed by Carmen Luyando. (Weisenberg, Benjamin) Modified on 11/29/2018 (sj). [Transferred from New York Southern on 6/18/2019.] |
| Filing 1 COMPLAINT against John and Jane Does 1-100, Pay-O-Matic Check Cashing Corp., The Pay-O-Matic Corp. (Filing Fee $ 400.00, Receipt Number ANYSDC-15974471)Document filed by Carmen Luyando.(Weisenberg, Benjamin) [Transferred from New York Southern on 6/18/2019.] |
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