Spitzer v. HMSM Food Corp.
| Steven Spitzer |
| HMSM Food Corp. and HMSM Food Corp. doing business as C-Town |
| 1:2019cv03694 |
| June 25, 2019 |
| US District Court for the Eastern District of New York |
| Robert M Levy |
| Eric N Vitaliano |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. ยง 185 Labor/Mgt. Relations (Contracts) |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 9, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 12 AMENDED COMPLAINT pursuant to briefing schedule against HMSM Food Corp., filed by Steven Spitzer. (Kichloo, Supriya) |
| Filing 11 Proposed Scheduling Order submitted by all parties by Steven Spitzer (Kichloo, Supriya) |
ORDER re #11 Proposed Scheduling Order filed by Steven Spitzer. The parties' proposed briefing schedule is adopted. Plaintiff's amended complaint shall be filed by 8/13/2019. The fully-briefed motion to remand shall be filed on ECF in accordance with the Bundling Rule by 11/6/2019. Ordered by Judge Eric N. Vitaliano on 8/9/2019. (Gottlieb, Spencer)
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| Filing 10 Letter in response to defendant's pre-motion conference request by Steven Spitzer (Attachments: #1 amended complaint) (Kichloo, Supriya) |
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ORDER denying without prejudice #8 Motion for Pre Motion Conference. Defendant has moved for a pre-motion conference in anticipation of its motion to dismiss. Plaintiff #10 objects that this Court lacks subject-matter jurisdiction and requests a pre-motion conference in anticipation of a motion to remand. Having reviewed the parties' submissions, the Court denies both parties' requests for a pre-motion conference. Plaintiff may, however, proceed with its motion to remand. If the Court determines that subject-matter jurisdiction is present and the motion to remand is denied, defendant may renew its request for a pre-motion conference for a motion to dismiss. The parties are directed to file a joint proposed briefing schedule for the motion to remand by 8/9/2019. Ordered by Judge Eric N. Vitaliano on 7/31/2019. (Gottlieb, Spencer)
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| Filing 9 First MOTION for Extension of Time to File Response/Reply to Defendant's request for a pre-motion conference by Steven Spitzer. (Kichloo, Supriya) |
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ORDER granting #9 Motion for Extension of Time to File Response/Reply. The Court, on consent, grants the request for an extension of time. Plaintiff shall file any objections to the #8 pre-motion conference request by 7/31/2019. Ordered by Judge Eric N. Vitaliano on 7/22/2019. (Gottlieb, Spencer)
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| Filing 8 Letter MOTION for pre motion conference by HMSM Food Corp.. (Tilton, Eric) |
| Filing 7 NOTICE of Appearance by Supriya Kichloo on behalf of Steven Spitzer (notification declined or already on case) (Kichloo, Supriya) |
| Filing 6 Letter MOTION for Extension of Time to File Answer or Otherwise Move Against the Complaint by HMSM Food Corp.. (Tilton, Eric) |
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ORDER granting #6 Motion for Extension of Time to Answer. Ordered by Magistrate Judge Robert M. Levy on 7/1/2019. (Ferrara, Alicia)
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| Filing 5 AFFIDAVIT of Service for Notice of Removal, Civil Cover Sheet, ECF Rules, Judges' Individual Rules served on Gordon & Gordon, P.C. on June 27, 2019, filed by HMSM Food Corp.. (Tilton, Eric) |
| 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 Eric N. Vitaliano and Magistrate Judge Robert M. Levy. 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. (Davis, Kimberly) |
| Filing 2 NOTICE of Appearance by Lewis Steven Goldberg on behalf of HMSM Food Corp. (aty to be noticed) (Goldberg, Lewis) |
| Filing 1 NOTICE OF REMOVAL by HMSM Food Corp. from New York Supreme Court, County of Queens, case number 709128/2019. ( Filing fee $ 400 receipt number ANYEDC-11607184) (Attachments: #1 Civil Cover Sheet, #2 Exhibit Exhibit 1) (Tilton, Eric) |
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