Petersen et al v. EmblemHealth, Inc. et al
| Martin Lu, Karyn Peterson, Christina Morrison and Karyn Petersen |
| EmblemHealth, Inc. and EmblemHealth Services Company, LLC |
| 1:2020cv02568 |
| June 9, 2020 |
| US District Court for the Eastern District of New York |
| Carol Bagley Amon |
| Roanne L Mann |
| 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 January 28, 2021. A more recent docket listing may be available from PACER.
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| Filing 43 NOTICE by Martin Lu, Christina Morrison, Karyn Petersen re Filing of Consent to Join Forms (Attachments: #1 Exhibit A - Consent to Join Forms) (Matura, Marijana) |
Attorney Michael Danna terminated. Ordered by Magistrate Judge Roanne L. Mann on 1/28/2021. (LK)
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| Filing 42 STIPULATION AND PROPOSED ORDER FOR SUBSTITUTION OF COUNSEL by Karyn Petersen (Attachments: #1 Declaration 2021.01.27 Decl. of R. Bien ISO Stip. for Substitution of Counsel) (Bien, Rachel) |
| Filing 41 NOTICE by Martin Lu, Christina Morrison, Karyn Petersen re Filing of Consent to Join Form (Attachments: #1 Exhibit A - Consent to Join Form) (Matura, Marijana) |
| Filing 40 NOTICE by Martin Lu, Christina Morrison, Karyn Petersen re Filing of Consent to Join Form (Attachments: #1 Exhibit A - Consent to Join Form) (Matura, Marijana) |
| Filing 39 NOTICE by Martin Lu, Christina Morrison, Karyn Petersen re Filing of Consent to Join Form (Attachments: #1 Exhibit A - Consent to Join Form) (Matura, Marijana) |
| Filing 38 NOTICE by Martin Lu, Christina Morrison, Karyn Petersen re Filing of Consent to Join Form (Attachments: #1 Exhibit A - Consent to Join Form) (Matura, Marijana) |
| Filing 37 NOTICE by Martin Lu, Christina Morrison, Karyn Petersen re Filing of Consent to Join Form (Attachments: #1 Exhibit A - Consent to Join Form) (Matura, Marijana) |
| Filing 36 NOTICE of Change of firm and contact information for Plaintiffs' Counsel Rachel Bien Once the filing has been made, you must login to www.pacer.gov and update your account. (Bien, Rachel) |
| Filing 35 NOTICE by Martin Lu, Christina Morrison, Karyn Petersen re Filing of Consent to Join Form (Attachments: #1 Exhibit A - Consent to Join Form) (Matura, Marijana) |
| Filing 34 NOTICE by Martin Lu, Christina Morrison, Karyn Petersen re Filing of Consent to Join Forms (Attachments: #1 Ex. A - Consent to Join Forms) (Bien, Rachel) |
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ELECTRONIC ORDER re #33 Letter filed by Martin Lu, Christina Morrison, Karyn Petersen. The Court approves the parties' Revised Proposed Notice (DE #33-1) and Revised Proposed Consent Form (DE #33-2). Ordered by Magistrate Judge Roanne L. Mann on 10/30/2020. (Proujansky, Josh)
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| Filing 33 Letter re Revised Proposed Notice and Revised Proposed Consent Form by Martin Lu, Christina Morrison, Karyn Petersen (Attachments: #1 Ex. A - Revised Proposed Notice, #2 Ex. B - Revised Proposed Consent Form) (Danna, Michael) |
| Filing 32 NOTICE by Martin Lu, Christina Morrison, Karyn Petersen re Filing of Consent to Join Form (Attachments: #1 Ex. A - Consent to Join Form) (Bien, Rachel) |
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Filing 31
MEMORANDUM & ORDER re #29 Stipulation, #30 Letter filed by Martin Lu, Christina Morrison, Karyn Petersen. The Court approves the parties' Proposed Order and Notice, on consent, subject to the modifications discussed herein. The Court further directs defendants to produce collective members' last known telephone numbers and authorizes notice to be sent by text message, in addition to the methods agreed to by the parties. See attached. Ordered by Magistrate Judge Roanne L. Mann on 10/27/2020. (Proujansky, Josh)
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| Filing 30 Letter Joint Letter on Parties' Positions Regarding Defendants' Production of Collective Members Cell Phone Numbers by Martin Lu, Christina Morrison, Karyn Petersen (Bien, Rachel) |
| Filing 29 STIPULATION and Proposed Order Conditionally Certifying the Collective and Authorizing Notice Pursuant to 29 U.S.C. 216(b) by Martin Lu, Christina Morrison, Karyn Petersen (Attachments: #1 Exhibit A - Notice, #2 Exhibit B - Consent to Join, #3 Exhibit C - Reminder) (Bien, Rachel) |
| Filing 28 Joint MOTION for Extension of Time to File jointly a conditional certification stipulation and proposed notice for collective action to and including October 23, 2020 by EmblemHealth Services Company, LLC, EmblemHealth, Inc.. (Ho, John) |
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ORDER granting #28 Motion for Extension of Time to File: Application granted, on consent. Ordered by Magistrate Judge Roanne L. Mann on 10/21/2020. (GM)
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| Filing 27 Letter MOTION for Extension of Time to File jointly a conditional certification stipulation and proposed notice for collective action by EmblemHealth Services Company, LLC, EmblemHealth, Inc.. (Ho, John) |
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ORDER granting #27 Motion for Extension of Time to File. The parties' joint request for a one-week extension is granted. Ordered by Magistrate Judge Roanne L. Mann on 10/14/2020. (GM)
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| Filing 26 Letter re Proposed Deadline to Submit Stipulation re Court-Authorized FLSA Notice by Martin Lu, Christina Morrison, Karyn Petersen (Bien, Rachel) |
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ORDER [DE #26]: Application granted. By October 14, 2020, the parties shall jointly file, as an ECF motion event, their stipulation and proposed notice to the collective or, if they are unable to agree upon the notice, a letter-motion outlining the matters on which they were unable to reach agreement. Ordered by Magistrate Judge Roanne L. Mann on 9/30/2020. (LK)
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| Filing 25 Minute Entry for telephonic initial conference / promotion conference held before Magistrate Judge Roanne L. Mann on 8/27/20: The Court conducts a combined initial conference / premotion conference. The parties' initial disclosures must be served by September 3, 2020. By September 9, 2020, plaintiffs shall serve declarations related to their possible motion for conditional certification of the collective; by September 23, 2020, defendants are must respond to plaintiffs by stating whether or not they will oppose that motion. By September 30, 2020, the parties shall file a letter motion with the Court as follows: (1)if the parties are unable to resolve the issue of conditional certification, they shall propose a schedule for motions practice; (2)if the parties have agreed to resolve the issue of conditional certification, they shall propose a schedule for filing a stipulation with the proposed notice. On consent, the running of the statute of limitations is tolled in the interim. The Court defers setting deadlines related to expert discovery, amending the pleadings / adding new parties as of right, and requests for a pre-motion conference with Judge Amon. The Court also defers scheduling a mediation / settlement conference with the Court until after the resolution of the issue of collective conditional certification. See attached Minute Entry. (Vallens, Adrian) |
| Filing 24 REPORT of Rule 26(f) Planning Meeting (Bien, Rachel) |
| Filing 23 NOTICE of Appearance by Jennifer Ann Queliz on behalf of EmblemHealth Services Company, LLC, EmblemHealth, Inc. (aty to be noticed) (Queliz, Jennifer) |
| Filing 22 Letter to the Hon. Roanne L. Mann - response to Plaintiffs' pre motion Conference letter [Docket Entry 19] by EmblemHealth Services Company, LLC, EmblemHealth, Inc. (Ho, John) |
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ORDER *** To dial in to the upcoming conference, the parties are directed to call (877) 336-1839 and type in the access code 6672833. If the parties are initially unable to connect to the call, please try again as the third-party conference call system has been overloaded at times. Ordered by Magistrate Judge Roanne L. Mann on 8/24/2020. (LK)
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Filing 21
SCHEDULING ORDER: A telephonic initial conference will be held on August 27, 2020 @ 11:00 a.m. before Magistrate Judge Roanne L. Mann. SEE ATTACHED: ORDER, INITIAL CONFERENCE QUESTIONNAIRE, AND MANDATORY REQUIREMENTS FOR CONFERENCE. Counsel are directed to confer to jointly fill out and docket the attached questionnaire by close of business August 26, 2020. As the date approaches, chambers staff will provide counsel with the logistical information necessary to participate in the proceeding. Ordered by Magistrate Judge Roanne L. Mann on 8/22/2020. (Vallens, Adrian)
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ELECTRONIC ORDER re #19 : The Court has reviewed plaintiffs' request for a premotion conference in connection with plaintiffs' anticipated motion for conditional certification of a collective action (DE #19). In this District, such motions are typically handled by the assigned magistrate judge. Although this Court ordinarily does not conduct premotion conferences in connection with such motions, the Court will do so in this case, in conjunction with an initial Rule 16 scheduling conference, which will be held telephonically on August 27, 2020 at 11:00 a.m. See separate order. Ordered by Magistrate Judge Roanne L. Mann on 8/22/2020. (Vallens, Adrian)
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| Filing 20 ANSWER to #1 Complaint, by EmblemHealth Services Company, LLC, EmblemHealth, Inc.. (Ho, John) |
| Filing 19 Letter MOTION for pre motion conference re Plaintiffs' anticipated motion for conditional certification of a collective and authorization of notice pursuant to the Fair Labor Standards Act, 29 U.S.C. 216(b) by Martin Lu, Christina Morrison, Karyn Petersen. (Bien, Rachel) |
| Filing 18 STIPULATION re #1 Complaint, time to answer extended from Auguat 14, 2020 to August 21, 2020 and Tolling of Statute of Limitations - to be so ordered by EmblemHealth Services Company, LLC, EmblemHealth, Inc. (Ho, John) |
| Filing 17 NOTICE of Appearance by Michael Craig Schmidt on behalf of EmblemHealth Services Company, LLC, EmblemHealth, Inc. (aty to be noticed) (Schmidt, Michael) |
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ORDER #18 Is so-ordered. Ordered by Magistrate Judge Roanne L. Mann on 8/6/2020. (LK)
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| Filing 16 Corporate Disclosure Statement by EmblemHealth Services Company, LLC, EmblemHealth, Inc. (Ho, John) |
| Filing 15 NOTICE of Appearance by John S. Ho on behalf of EmblemHealth Services Company, LLC, EmblemHealth, Inc. (aty to be noticed) (Ho, John) |
| Filing 14 NOTICE of Appearance by Troy L. Kessler on behalf of Martin Lu, Christina Morrison, Karyn Petersen (aty to be noticed) (Kessler, Troy) |
| Filing 13 NOTICE by Martin Lu, Christina Morrison, Karyn Petersen re Filing of Consent to Join Form (Attachments: #1 Ex. A - Consent to Join Form) (Bien, Rachel) |
| Filing 12 NOTICE by Martin Lu, Christina Morrison, Karyn Petersen re Filing of Consent to Join Form (Attachments: #1 Ex. A - Consent to Join Form) (Bien, Rachel) |
| Filing 11 NOTICE by Martin Lu, Christina Morrison, Karyn Petersen re Filing of Consent to Join Form (Attachments: #1 Ex. A - Consent to Join Form) (Bien, Rachel) |
| Filing 10 NOTICE of Appearance by Marijana F Matura on behalf of Martin Lu, Christina Morrison, Karyn Petersen (aty to be noticed) (Matura, Marijana) |
| Filing 9 NOTICE by Martin Lu, Christina Morrison, Karyn Petersen re Filing of Consent to Join Forms (Attachments: #1 Ex. A - Consent to Join Forms) (Bien, Rachel) |
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ORDER #6 Is so-ordered. Ordered by Magistrate Judge Roanne L. Mann on 6/24/2020. (LK)
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| Filing 8 WAIVER OF SERVICE Returned Executed by Karyn Petersen, Martin Lu, Christina Morrison. EmblemHealth Services Company, LLC waiver sent on 6/12/2020, answer due 8/11/2020. (Danna, Michael) |
| Filing 7 WAIVER OF SERVICE Returned Executed by Karyn Petersen, Martin Lu, Christina Morrison. EmblemHealth, Inc. waiver sent on 6/12/2020, answer due 8/11/2020. (Danna, Michael) |
| Filing 6 STIPULATION for Extension of Time to Answer, Move, or Otherwise Respond to Complaint and Tolling of Statute of Limitations by Martin Lu, Christina Morrison, Karyn Petersen (Danna, Michael) |
| Filing 5 NOTICE of Appearance by Michael Danna on behalf of All Plaintiffs (aty to be noticed) (Danna, Michael) |
| Filing 4 Summons Issued as to EmblemHealth Services Company, LLC, EmblemHealth, Inc.. (Attachments: #1 Summons) (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 Carol Bagley Amon and Magistrate Judge Roanne L. Mann. 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 EmblemHealth Services Company, LLC, EmblemHealth, Inc. filing fee $ 400, receipt number ANYEDC-12904554 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Karyn Peterson, Martin Lu, Christina Morrison. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons for defendant EmblemHealth, Inc., #3 Proposed Summons for defendant EmblemHealth Services Company, LLC, #4 Exhibit A) (Bien, Rachel) |
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