Porter v. Fast Track Express & Cargo Services Inc. et al
| Ernest Porter |
| Fast Track Express & Cargo Services Inc., John Doe and Shawn Zaidi |
| 1:2019cv07264 |
| December 27, 2019 |
| US District Court for the Eastern District of New York |
| Pamela K Chen |
| James Orenstein |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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ORDER -- A review of docket entries #6 , #7 , and #8 in this case indicates that the plaintiff has not filed proof of effective service of the summons and complaint as required on any defendant. See Fed. R. Civ. P. 4(e), (h), (m). No later than March 9, 2020, the plaintiff must either file proof of effective, timely service of the Complaint on the docket or file a motion requesting an extension of the time to effect service for good cause. See Fed. R. Civ. P. 4(m). Failure to comply will result in a recommendation that the case be dismissed for failure to prosecute. See Fed. R. Civ. P. 4(m), 41 (b). Ordered by Magistrate Judge James Orenstein on 2/24/2020. (Gutmann, Joseph)
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| Filing 8 SUMMONS Returned Executed by Ernest Porter. John Doe served on 1/24/2020, answer due 2/14/2020. (Seltzer, Steven) |
| Filing 7 SUMMONS Returned Executed by Ernest Porter. Shawn Zaidi served on 1/24/2020, answer due 2/14/2020. (Seltzer, Steven) |
| Filing 6 SUMMONS Returned Executed by Ernest Porter. Fast Track Express & Cargo Services Inc. served on 1/24/2020, answer due 2/14/2020. (Seltzer, Steven) |
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Filing 5
ORDER -- To ensure compliance with the requirements of both Mei Xing Yu v. Hasaki Rest., Inc., 2019 WL 6646618 (2d Cir. Dec. 6, 2019) and Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), I respectfully direct the parties as follows. In the event any defendant makes an offer of judgment under Federal Rule of Civil Procedure 68, the parties must promptly file, before filing any notice of acceptance of that offer, a notice that discloses all terms to which the parties have agreed (formally or otherwise, and regardless of whether the agreement is reduced to writing) that are not explicitly disclosed in the Rule 68 offer. The required notice must disclose all terms, including but not limited to the scope of any releases, any commitments regarding confidentiality or non-disparagement, and the apportionment of attorneys' fees. Any purported agreement that the parties fail to disclose in conformity with the foregoing requirements will be deemed void and unenforceable. Ordered by Magistrate Judge James Orenstein on 1/17/2020. (Guy, Alicia)
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| Filing 4 Summons Issued as to John Doe, Fast Track Express & Cargo Services Inc., Shawn Zaidi. (Davis, Kimberly) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 2 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 Pamela K. Chen and Magistrate Judge James Orenstein. 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 1 COMPLAINT against John Doe, Fast Track Express & Cargo Services Inc., Shawn Zaidi filing fee $ 400, receipt number ANYEDC-12196296 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Ernest Porter. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Seltzer, Steven) |
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