McClain et al v. US Coachways, Inc. et al
| Jasmin Johnson, Porsha Jackman, Joseph Jacovino, Jennifer Jacovino, Shalonda Solomon, Susan Barrett, Crystal McClain, Wakey Robinson, James Saunders, Andre Kimbell, Steffon Issacs, Edward Williams and Toby Hicks |
| American Tour & Travel, Inc., Ultra-Express Coach, Inc., KM Enterprises of NY, Inc., Edward Telmany, Mark Telmany, Subout.com, LLC, US Coachways, Inc., Nicholas Cianciaruso and U.S. Bus Charter & Limo, Inc. |
| 1:2020cv01717 |
| April 7, 2020 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Ramon E Reyes |
| Labor: Family and Medical Leave Act |
| 05 U.S.C. § 704 Labor Litigation |
| Plaintiff |
Docket Report
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ORDER granting #35 Motion for Defendants U.S. Bus Charter & Limo, Inc., Subout.com, LLC, Mark Telmany, Ultra-Express Coach, Inc., Edward Telmany answer, US Coachways, Inc., and American Tour & Travel, Inc., Extension of Time to File Answer to the Second Amended Complaint by January 29, 2021. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 1/22/2021. (Vertus, Miriam)
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| Filing 35 MOTION for Extension of Time to File answer to second amended complaint by American Tour & Travel, Inc., Subout.com, LLC, Edward Telmany, Mark Telmany, U.S. Bus Charter & Limo, Inc., US Coachways, Inc., Ultra-Express Coach, Inc.. (Gomez-Sanchez, Daniel) |
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ORDER granting #34 Motion for Extension of Time to Answer All Defendants. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 1/7/2021. (Reyes, Ramon)
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| Filing 34 Letter MOTION for Extension of Time to File Answer or Otherwise Respond to the Second Amended Complaint by American Tour & Travel, Inc., Subout.com, LLC, Edward Telmany, Mark Telmany, U.S. Bus Charter & Limo, Inc., US Coachways, Inc., Ultra-Express Coach, Inc.. (Capobianco, Matthew) |
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ORDER The Court adopts the CASE MANAGEMENT STATEMENT/PLAN #33 . All discovery, including depositions of experts, shall be completed on or before 9/30/2021 Final Pretrial Conference set for 10/5/2021 at 10:00 AM in Courtroom 13D South before Magistrate Judge Ramon E. Reyes, Jr., Telephone Conference set for 4/29/2021 at 12:30 PM before Magistrate Judge Ramon E. Reyes, Jr. The parties are directed to use the AT&T toll-free number 1-888-684-8852 and access code 5496961# to participate in the scheduled telephone conference. (See document #33 for other deadlines). So Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/8/2020. (Vertus, Miriam)
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| Filing 33 CASE MANAGEMENT STATEMENT /PLAN (Barros, Diego) |
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ORDER granting #32 Motion to Amend/Correct/Supplement Order dismissing Plaintiff Jasmin Johnson's claims "with prejudice," to "without prejudice". Ordered by Magistrate Judge Ramon E. Reyes, Jr on 11/25/2020. (Vertus, Miriam)
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| Filing 32 Letter MOTION to Amend/Correct/Supplement Order dismissing Plaintiff Jasmin Johnson's claims "with prejudice," to "without prejudice" by Susan Barrett, Toby Hicks, Steffon Issacs, Porsha Jackman, Jennifer Jacovino, Andre Kimbell, Crystal McClain, Wakey Robinson, James Saunders, Shalonda Solomon, Edward Williams. (Norinsberg, Jon) |
| Filing 31 AMENDED COMPLAINT (Second) against American Tour & Travel, Inc., Subout.com, LLC, Edward Telmany, Mark Telmany, US Coachways, Inc., Ultra-Express Coach, Inc., U.S. Bus Charter & Limo, Inc., filed by Porsha Jackman, Crystal McClain, Jennifer Jacovino, Shalonda Solomon, Susan Barrett, Steffon Issacs, Edward Williams, James Saunders, Andre Kimbell, Wakey Robinson, Toby Hicks. (Norinsberg, Jon) |
| Filing 30 STIPULATION of Dismissal with prejudice as against all Defendants by Joseph Jacovino (Norinsberg, Jon) |
| Filing 29 STIPULATION of Dismissal without prejudice as against all Defendants by Jasmin Johnson (Norinsberg, Jon) |
| Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr.: Telephone Conference held on 11/24/2020. Appearances: Diego Barros, Esq. and Jon Norinsberg, Esq. for Plaintiffs; Daniel Gomez-Sanchez, Esq. and Matthew Capobianco, Esq. for Defendants. Discussions held. The parties are directed to submit a joint Case Management Statement by 12/11/2020. (AT&T Log #12:01:00-12:23:00) (Naseef, Kara) |
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AMENDED ORDER re #29 STIPULATION of Dismissal without prejudice as against all Defendants as against all Defendants filed by Jasmin Johnson, #30 STIPULATION of Dismissal with prejudice as against all Defendants filed by Joseph Jacovino. Plaintiffs Joseph Jacovino and Jasmin Johnson terminated. So Ordered by Magistrate Judge Ramon E. Reyes, Jr on 11/24/2020. (Vertus, Miriam) Modified on 11/30/2020 (Vertus, Miriam).
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| Filing 28 Joint MOTION for Hearing to Judge Ramon E. Reyes, Jr. Requesting Telephone Conference by American Tour & Travel, Inc., Nicholas Cianciaruso, Subout.com, LLC, Edward Telmany, Mark Telmany, US Coachways, Inc., Ultra-Express Coach, Inc.. (Capobianco, Matthew) |
| Filing 27 Letter to Judge Ramon E. Reyes, Jr. Requesting Telephone Conference by American Tour & Travel, Inc., Nicholas Cianciaruso, Subout.com, LLC, Edward Telmany, Mark Telmany, US Coachways, Inc., Ultra-Express Coach, Inc. (Capobianco, Matthew) |
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ORDER granting #28 Motion for Hearing. Telephone Conference set for 11/24/2020 at 12:00 PM before Magistrate Judge Ramon E. Reyes, Jr. The attorneys are directed to use the AT&T toll-free number 1-888-684-8852 and Access Code 5496961# to participate in the scheduled telephone conference. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 10/22/2020. (Vertus, Miriam)
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| Filing 26 Second MOTION for Extension of Time to File Letter with the Court Apprising Whether Defendants Consent to the Filing of the Proposed Second Amended Complaint by American Tour & Travel, Inc., Nicholas Cianciaruso, Subout.com, LLC, Edward Telmany, Mark Telmany, US Coachways, Inc., Ultra-Express Coach, Inc.. (Capobianco, Matthew) |
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ORDER granting #26 Motion for Extension of Time to File Letter with the Court Apprising Whether Defendants Consent to the Filing of the Proposed Second Amended Complaint by 11/2/2020. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 10/19/2020. (Vertus, Miriam)
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ORDER granting #25 Motion for Extension of Time to File Letter with the Court Apprising Whether Defendants Consent to the Filing of the Proposed Second Amended Complaint by 10/19/2020. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 10/8/2020. (Vertus, Miriam)
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| Filing 25 First MOTION for Extension of Time to File Letter with the Court Apprising Whether Defendants Consent to the Filing of the Proposed Second Amended Complaint by American Tour & Travel, Inc., Nicholas Cianciaruso, Subout.com, LLC, Edward Telmany, Mark Telmany, US Coachways, Inc., Ultra-Express Coach, Inc.. (Capobianco, Matthew) |
| Filing 24 REPLY in Opposition re #23 Consent MOTION for Extension of Time to Amend Explaining Apparent Misunderstanding with the Parties filed by American Tour & Travel, Inc., Nicholas Cianciaruso, Subout.com, LLC, Edward Telmany, Mark Telmany, US Coachways, Inc., Ultra-Express Coach, Inc.. (Gomez-Sanchez, Daniel) |
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ORDER granting in part and denying in part #23 Motion for Extension of Time to Amend. Plaintiffs must provide defendants with the proposed second amended complaint by 9/28/2020. Defendants to inform plaintiffs and the court by 10/12/2020 whether they will consent to the filing of the second amended complaint. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 9/14/2020. (Reyes, Ramon)
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| Filing 23 Consent MOTION for Extension of Time to Amend by Susan Barrett, Porsha Jackman, Jennifer Jacovino, Joseph Jacovino, Jasmin Johnson, Crystal McClain, Shalonda Solomon. (Norinsberg, Jon) |
| Filing 22 Consent MOTION for Extension of Time to File Response/Reply to Defendants Motion to Dismiss by Susan Barrett, Porsha Jackman, Jennifer Jacovino, Joseph Jacovino, Jasmin Johnson, Crystal McClain, Shalonda Solomon. (Barros, Diego) |
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ORDER granting #22 Motion for Extension of Time to File Response/Reply to Defendants Motion to Dismiss. The Court grant Plaintiffs an extension of time, from August 31, 2020 to September 14, 2020 to serve their Opposition toDefendants' Motion to Dismiss. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 8/21/2020. (Vertus, Miriam)
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ORDER granting in part #21 Motion for Leave to File Excess of (45) forty-five Pages. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 7/27/2020. (Vertus, Miriam)
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| Filing 21 Letter MOTION for Leave to File Excess Pages for Defendants' Memorandum of Law in Support of Their Motion to Dismiss/Sever the Amended Complaint by American Tour & Travel, Inc., Nicholas Cianciaruso, Subout.com, LLC, Edward Telmany, Mark Telmany, US Coachways, Inc., Ultra-Express Coach, Inc.. (Capobianco, Matthew) |
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ORDER granting #20 Motion for Extension of Time to File Defendants to serve their motion by July 31,2020; Plaintiffs to serve their opposition by August 31, 2020; Defendants to serve their reply and file the fully briefed motion on September 11, 2020. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 7/17/2020. (Vertus, Miriam)
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| Filing 20 Letter MOTION for Extension of Time to File Defendants' Motion, Plaintiffs' Opposition, and Defendants' Reply (Briefing Schedule) by American Tour & Travel, Inc., Nicholas Cianciaruso, Subout.com, LLC, Edward Telmany, Mark Telmany, US Coachways, Inc., Ultra-Express Coach, Inc.. (Capobianco, Matthew) |
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ORDER denying #18 Motion for Pre Motion Conference. A premotion conference is unnecessary. Defendants are to serve their proposed motion by July 24, 2020. Plaintiffs are to serve their opposition by August 24, 2020. Defendants are to serve their reply and file the fully briefed motion by September 4, 2020. The parties are advised that the Court follows a bundling rule. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 6/23/2020. (Reyes, Ramon)
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| Filing 19 RESPONSE in Opposition re #18 MOTION for pre motion conference filed by Susan Barrett, Porsha Jackman, Jennifer Jacovino, Joseph Jacovino, Jasmin Johnson, Crystal McClain, Shalonda Solomon. (Norinsberg, Jon) |
| Filing 18 MOTION for pre motion conference by American Tour & Travel, Inc., Nicholas Cianciaruso, Subout.com, LLC, Edward Telmany, Mark Telmany, US Coachways, Inc., Ultra-Express Coach, Inc.. (Attachments: #1 Exhibit) (Gomez-Sanchez, Daniel) |
| Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr.: Video Initial Conference held on 5/28/2020. Appearances: Diego Barros, Esq. and Jon Norinsberg, Esq. for Plaintiffs; Daniel Gomez-Sanchez, Esq. and Matthew Capobianco, Esq. for Defendants. Discussions held. (AT&T Log #11:48:00-12:17:00) (Meyer, Elise) |
| Filing 17 Letter Regarding the Case Management Statement by American Tour & Travel, Inc., Nicholas Cianciaruso, Subout.com, LLC, Edward Telmany, Mark Telmany, US Coachways, Inc., Ultra-Express Coach, Inc. (Capobianco, Matthew) |
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Filing 16
SCHEDULING ORDER: Video Conference set for 5/28/2020 at 11:45 AM before Magistrate Judge Ramon E. Reyes, Jr. The attorneys are directed to appear via video and all other participates may join by phone using the Toll number: 1 917-933-2166 and Conference ID: 316200387. Prior to the conference, the parties are to comply with the requirements of Rule 26(f) of the Fed. R. Civ. P. (See attached blank document) Case Management Statement must be completed and filed on ECF no later than 5/27/2020. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 5/21/2020. (Vertus, Miriam)
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| Filing 15 AMENDED COMPLAINT against American Tour & Travel, Inc., Nicholas Cianciaruso, Subout.com, LLC, Edward Telmany, Mark Telmany, US Coachways, Inc., Ultra-Express Coach, Inc., filed by Jennifer Jacovino, Shalonda Solomon, Joseph Jacovino, Porsha Jackman, Jasmin Johnson, Crystal McClain, Susan Barrett. (Norinsberg, Jon) |
| Filing 14 CONSENT to Jurisdiction by US Magistrate Judge Case reassigned to Magistrate Judge Ramon E. Reyes, Jr for all further proceedings. Judge Brian M. Cogan no longer assigned to case 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. (Guzzi, Roseann) |
| Filing 13 WAIVER OF SERVICE Returned Executed by Jennifer Jacovino, Shalonda Solomon, Joseph Jacovino, Porsha Jackman, Jasmin Johnson, Crystal McClain, Susan Barrett. Nicholas Cianciaruso waiver sent on 4/15/2020, answer due 6/15/2020; Subout.com, LLC waiver sent on 4/15/2020, answer due 6/15/2020; Edward Telmany waiver sent on 4/15/2020, answer due 6/15/2020; Mark Telmany waiver sent on 4/15/2020, answer due 6/15/2020; US Coachways, Inc. waiver sent on 4/15/2020, answer due 6/15/2020; Ultra-Express Coach, Inc. waiver sent on 4/15/2020, answer due 6/15/2020. (Barros, Diego) |
| Filing 12 WAIVER OF SERVICE Returned Executed by Jennifer Jacovino, Shalonda Solomon, Joseph Jacovino, Porsha Jackman, Jasmin Johnson, Crystal McClain, Susan Barrett. American Tour & Travel, Inc. waiver sent on 4/15/2020, answer due 6/15/2020. (Barros, Diego) |
| Filing 11 NOTICE of Appearance by Matthew R. Capobianco on behalf of American Tour & Travel, Inc., Nicholas Cianciaruso, Subout.com, LLC, Edward Telmany, Mark Telmany, US Coachways, Inc., Ultra-Express Coach, Inc. (aty to be noticed) (Capobianco, Matthew) |
| Filing 10 CONSENT to Jurisdiction by US Magistrate Judge by American Tour & Travel, Inc., Nicholas Cianciaruso, Subout.com, LLC, Edward Telmany, Mark Telmany, US Coachways, Inc., Ultra-Express Coach, Inc.. (Gomez-Sanchez, Daniel) |
| Filing 9 NOTICE of Appearance by Daniel Sergio Gomez-Sanchez on behalf of American Tour & Travel, Inc., Nicholas Cianciaruso, Subout.com, LLC, Edward Telmany, Mark Telmany, US Coachways, Inc., Ultra-Express Coach, Inc. (aty to be noticed) (Gomez-Sanchez, Daniel) |
| Filing 8 NOTICE of Voluntary Dismissal by Susan Barrett, Porsha Jackman, Jennifer Jacovino, Joseph Jacovino, Jasmin Johnson, Crystal McClain, Shalonda Solomon (Norinsberg, Jon) |
| Filing 7 NOTICE of Appearance by Diego Oswaldo Barros on behalf of All Plaintiffs (aty to be noticed) (Barros, Diego) |
| Filing 6 NOTICE of Appearance by Bennitta L. Joseph on behalf of All Plaintiffs (aty to be noticed) (Joseph, Bennitta) |
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Filing 5
SCHEDULING ORDER: Initial Status Conference is set for 5/20/2020 at 10:45 AM in Chambers 704S. SEE ATTACHED MANDATORY REQUIREMENTS FOR THE CONFERENCE. Ordered by Judge Brian M. Cogan on 4/7/2020. (Weisberg, Peggy)
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| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| 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. (Bowens, Priscilla) |
| Filing 2 Summons Issued as to All Defendants. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 400, receipt number ANYEDC-12644157 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Jennifer Jacovino, Shalonda Solomon, Joseph Jacovino, Porsha Jackman, Jasmin Johnson, Crystal McClain, Susan Barrett. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Rider to Summons) (Norinsberg, Jon) |
| Case Assigned to Judge Brian M. Cogan. 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. (Bowens, Priscilla) |
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