Wortham v. Total Transportation Corp. et al
| Toussaint Wortham, Marcell Leonard and Mary Evans |
| Brooklyn Transportation Corp., Quality Transportation Corp., Mat Bus Corp., Agostino Vona, L & M Bus Corp., Total Transportation Corp., John Cronin, Maggies Paratransit Corp., Bella Bus Corp., GVC II Inc., 21st Ave Bus Corp., Total Transportation Corp., a New York Corporation, Mat Bus Corp., a New York Corporation, Pride Transportation Services Inc., Mat Bus Corp., a Pennsylvania Corporation and Total Transporation Corp., a Pennsylvania Corporation |
| 1:2021cv00085 |
| January 6, 2021 |
| US District Court for the Eastern District of New York |
| LaShann DeArcy Hall |
| Marcia M Henry |
| Vera M Scanlon |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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MINUTE ENTRY AND ORDER: A pre-motion conference on Defendants' anticipated motions to compel arbitration and to dismiss was held before Judge LaShann DeArcy Hall on February 7, 2022. Robert A. Kansao and C.K. Lee appeared on behalf of Plaintiff. Jeffrey D. Pollack and Timothy J. Quill, Jr. appeared on behalf of Defendants. The parties shall brief Defendants' motions in accordance with the following schedule. Defendants shall serve Plaintiffs with their motions on or before February 28, 2022. Plaintiffs shall serve Defendants with their opposition on or before March 21, 2022. Defendants shall serve a reply, if any, and file the fully briefed motion on or before March 28, 2022. As a courtesy, unless objected to by the parties, the Court asks that the parties file the motion only once it is fully briefed. Defendant shall provide the Court with a courtesy copy of the filed, stamped, fully briefed motions, within two business days of filing. Memoranda of law and courtesy copies shall comply with this Court's Individual Practices in all other respects. Ordered by Judge LaShann DeArcy Hall on 2/7/2022. (Court Reporter Anthony Frisolone.) (Williams, Erica)
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| Filing 56 Letter MOTION to Stay re #55 Letter Proposing Scheduling Order filed by Plaintiffs, Filed by 21st Ave Bus Corp., Bella Bus Corp., Brooklyn Transportation Corp., John Cronin, GVC II Inc., L & M Bus Corp., Maggies Paratransit Corp., Mat Bus Corp., a New York Corporation, Mat Bus Corp., a Pennsylvania Corporation, Pride Transportation Services Inc., Quality Transportation Corp., Total Transporation Corp., a Pennsylvania Corporation, Total Transportation Corp., a New York Corporation, Agostino Vona. (Pollack, Jeffrey) |
| Filing 55 Letter Requesting Approval of Proposed Scheduling Order by Mary Evans, Marcell Leonard, Toussaint Wortham (Attachments: #1 Exhibit A, #2 Exhibit B) (Lee, C.K.) |
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ORDER: DENYING #53 Motion to Compel Entering of Plaintiffs' Proposed Scheduling Order. Plaintiff moves to compel the Court to enter a discovery scheduling order, which is an improper procedural posture. The Court is also in receipt of Defendants' letter at #54 purporting to request a stay of discovery. If Defendants seek to stay discovery, they must do so by filing a letter motion in accordance with the undersigned's Individual Rules. So Ordered by Magistrate Judge Marcia M. Henry on 01/18/2022. (Gans, Courtney)
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ORDER: Defendants' request #50 for a pre-motion conference on their anticipated motion to compel arbitration and/or dismiss the Second Amended Complaint is GRANTED. A telephonic pre-motion conference shall be held before Judge LaShann DeArcy Hall on February 7, 2022, at 9:30 a.m. The parties are directed to contact chambers on February 7, 2022, at 9:30 a.m. using the following conference line and dial-in information: toll free number 1-888-684-8852; access code 1537693. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Ordered by Judge LaShann DeArcy Hall on 1/7/2022. (Williams, Erica)
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| Filing 54 RESPONSE in Opposition re #53 Letter MOTION to Compel Entering of Plaintiffs' Proposed Scheduling Order filed by All Defendants. (Pollack, Jeffrey) |
| Filing 53 Letter MOTION to Compel Entering of Plaintiffs' Proposed Scheduling Order by Mary Evans, Marcell Leonard, Toussaint Wortham. (Attachments: #1 Exhibit A, #2 Exhibit B) (Lee, C.K.) |
| Filing 52 RESPONSE in Opposition re #50 Letter MOTION for pre motion conference concerning Defendants' anticipated Motion to Compel Arbitration and/or Dismiss Plaintiffs' Second Amended Complaint filed by Mary Evans, Marcell Leonard, Toussaint Wortham. (Attachments: #1 Exhibit A) (Lee, C.K.) |
| Filing 51 TRANSCRIPT of Proceedings held on December 3, 2021, before Judge Henry. Court Reporter/Transcriber Opti-Script. Email address: production@opti-script.com. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 1/17/2022. Redacted Transcript Deadline set for 1/27/2022. Release of Transcript Restriction set for 3/27/2022. (Hong, Loan) |
| Filing 50 Letter MOTION for pre motion conference concerning Defendants' anticipated Motion to Compel Arbitration and/or Dismiss Plaintiffs' Second Amended Complaint by 21st Ave Bus Corp., Bella Bus Corp., Brooklyn Transportation Corp., John Cronin, GVC II Inc., L & M Bus Corp., Maggies Paratransit Corp., Mat Bus Corp., a New York Corporation, Mat Bus Corp., a Pennsylvania Corporation, Pride Transportation Services Inc., Quality Transportation Corp., Total Transporation Corp., a Pennsylvania Corporation, Total Transportation Corp., a New York Corporation, Agostino Vona. (Pollack, Jeffrey) |
| Filing 49 AMENDED COMPLAINT against 21st Ave Bus Corp., Bella Bus Corp., Brooklyn Transportation Corp., John Cronin, GVC II Inc., L & M Bus Corp., Maggies Paratransit Corp., Mat Bus Corp., Pride Transportation Services Inc., Quality Transportation Corp., Total Transportation Corp., Agostino Vona, filed by Toussaint Wortham, Marcell Leonard, Mary Evans. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Lee, C.K.) |
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MINUTE ENTRY AND ORDER: A telephonic status conference was held on 12/03/2021 before Magistrate Judge Marcia M. Henry. Robert Kansao, counsel for Plaintiff, and Jeffrey Pollack, Carli Aberle and Timothy Quill, counsel for Defendants, were present. The Court heard oral argument on Plaintiff's Motion to Amend the Amended Complaint at #30 and discussed the discovery motions filed at #33 , #42 and #44 . As stated on the record, Plaintiffs Motion to Amend the Amended Complaint is GRANTED. The Federal Rules of Civil Procedure instruct that "[t]he court should freely give leave [to amend the complaint] when justice so requires." Fed. R. Civ. P. 15(a)(2). "If the amendment seeks to add a party, Rule 21 of the Federal Rules of Civil Procedure, which allows addition of a party... also comes into play. However, that creates no additional obstacle, as the showing necessary under Rule 21 is the same as that required under Rule 15(a)." Jones v. City of New York, No. 18-CIV-1937 (VSB)(GWG), 2021 WL 5562694, at *5 (S.D.N.Y. Nov. 29, 2021) (citing Soroof Trading Dev. Co. v. GE Microgen, Inc., 283 F.R.D. 142, 147 (S.D.N.Y. 2012) (internal quotation marks omitted). "The decision to grant or deny leave to amend... is within the trial courts discretion, Jones, 2021 WL 5562694, at *5, and leave need not be given where to do so would be futile. Cummings-Fowler v. Suffolk Cty. Cmty. Coll., 282 F.R.D. 292, 296 (E.D.N.Y. 2012) (citing Foman v. Davis, 371 U.S. 178, 182 (1962)). With that being said, unless a proposed amendment is clearly frivolous or legally insufficient on its face, the substantive merits of a claim or defense should not be considered on a motion to amend." Camoia v. City of New York, No. 09 CV 2545 SLT LB, 2013 WL 867199, at *3, n.4 (E.D.N.Y. Mar. 7, 2013) (internal citations and quotations omitted). Accordingly, Plaintiff shall file his Second Amended Complaint ("AC") by 12/13/2021. Plaintiff is advised that all factual allegations should be incorporated into the body of the SAC, rather than attached as exhibits. Additionally, Plaintiff's oral application to include the facts elicited through discovery and attached to his motion at #45 is DENIED. Second, and as stated on the record, the discovery motions at #33 , #42 and #44 are DENIED with leave to renew. The parties are directed to meet and confer and file a joint scheduling order (using the undersigned's form order available at #https://img.nyed.uscourts.gov/files/forms/FormProtectiveOrderMMH.pdf) by 01/06/2022. So Ordered by Magistrate Judge Marcia M. Henry on 12/03/2021. (AT&T Log # 2:15PM-3:03PM) (Castro, Ricardo)
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| Filing 48 NOTICE of Appearance by Robert A Kansao on behalf of Toussaint Wortham (aty to be noticed) (Kansao, Robert) |
| Filing 47 NOTICE of Appearance by Carli M Aberle on behalf of All Defendants (aty to be noticed) (Aberle, Carli) |
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SCHEDULING ORDER: The telephone status conference that was scheduled for 11/05/2021 at 3:00 PM is rescheduled to 12/03/2021 at 2:00PM before Magistrate Judge Marcia M. Henry. The parties are directed to call the toll-free number 888-808-6929. The access code is 9281384. The parties shall dial in five (5) minutes before the conference. The parties shall be prepared to discuss the pending motions at #30 , #33 and #42 , discovery matters generally, and settlement efforts, if any. So Ordered by Magistrate Judge Marcia M. Henry on 11/10/2021. (Castro, Ricardo)
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ORDER: Due to an unforeseen event, the telephone status conference scheduled for 11/05/2021 at 3:00PM is adjourned. A separate scheduling order for another status conference shall issue. So Ordered by Magistrate Judge Marcia M. Henry on 11/05/2021. (Castro, Ricardo)
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| Filing 46 RESPONSE in Opposition re #44 Letter MOTION for Discovery Supplemental to Plaintiff's Motion for Local Rule 37.2 Conference [Docket No. 42] filed by All Defendants. (Pollack, Jeffrey) |
| Filing 45 Letter MOTION to Amend/Correct/Supplement #30 MOTION to Amend/Correct/Supplement #17 Amended Complaint, by Toussaint Wortham. (Attachments: #1 A, #2 B, #3 C, #4 D) (Lee, C.K.) |
| Filing 44 Letter MOTION for Discovery Supplemental to Plaintiff's Motion for Local Rule 37.2 Conference [Docket No. 42] by Toussaint Wortham. (Lee, C.K.) |
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ORDER: The Court is in receipt of Plaintiff's letter at #44 indicating further discovery disputes between the parties. Defendants are directed to file a letter response (not to exceed three pages) by 10/26/2021. The Court will address this latest discovery dispute, and all others, at the status conference scheduled for 11/05/2021. Accordingly, the parties shall be prepared to discuss the pending motions at #30 , #33 , #42 , and #44 , discovery matters generally, and settlement efforts, if any. The parties are reminded to meet and confer in good faith prior to bringing any discovery disputes to the Court's attention. Fed. R. Civ. P. 37(a)(1); E.D.N.Y. Local R. 37.3(a); M. Henry Individual Practice Rule V.B. So Ordered by Magistrate Judge Marcia M. Henry on 10/19/2021. (Gans, Courtney)
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| Filing 43 RESPONSE to Motion re #42 Letter MOTION for pre motion conference regarding Plaintiff's motion to compel filed by All Defendants. (Pollack, Jeffrey) |
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ORDER: The Court is in receipt of Plaintiff's Motion to Compel at #42 . A telephone status conference is scheduled for 11/05/2021 at 3:00PM before Magistrate Judge Marcia M. Henry. The parties are directed to call the toll-free number 888-808-6929. The access code is 9281384. The parties shall dial in five (5) minutes before the conference. The parties shall be prepared to discuss the pending motions at #30 , #33 and #42 , discovery matters generally, and settlement efforts, if any. So Ordered by Magistrate Judge Marcia M. Henry on 10/04/2021. (Gans, Courtney)
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| Filing 42 Letter MOTION for pre motion conference regarding Plaintiff's motion to compel by Toussaint Wortham. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Lee, C.K.) |
| Filing 41 AFFIDAVIT/DECLARATION in Support re #30 MOTION to Amend/Correct/Supplement #17 Amended Complaint, filed by Toussaint Wortham. (Lee, C.K.) |
| Filing 40 REPLY in Support re #30 MOTION to Amend/Correct/Supplement #17 Amended Complaint, filed by Toussaint Wortham. (Attachments: #1 Exhibit D, #2 Exhibit E) (Lee, C.K.) |
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ORDER: granting #39 Motion for Leave to File Reply Papers. Plaintiff has until 09/08/2021 to file their reply. So Ordered by Magistrate Judge Marcia M. Henry on 08/27/2021. (Gans, Courtney)
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| Filing 39 Letter MOTION for Leave to File Document , Plaintiff's request to file Reply papers on Plaintiff's Motion to Amend the Complaint by Toussaint Wortham. (Attachments: #1 Exhibit A) (Lee, C.K.) |
| Filing 38 AFFIDAVIT/DECLARATION in Opposition re #30 MOTION to Amend/Correct/Supplement #17 Amended Complaint, by Janine Cataldo filed by All Defendants. (Attachments: #1 Exhibit A - Maggies CBA, #2 Exhibit B - GVC II CBA) (Pollack, Jeffrey) |
| Filing 37 AFFIDAVIT/DECLARATION in Opposition re #30 MOTION to Amend/Correct/Supplement #17 Amended Complaint, by Jeffrey D. Pollack filed by All Defendants. (Attachments: #1 Exhibit Exhibit A - Table of Defendants Named in Plaintiffs' Proposed Second Amended Complaint) (Pollack, Jeffrey) |
| Filing 36 MEMORANDUM in Opposition re #30 MOTION to Amend/Correct/Supplement #17 Amended Complaint, filed by All Defendants. (Pollack, Jeffrey) |
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ORDER granting #32 Motion for Extension of Time to File Response/Reply re #32 Letter MOTION for Extension of Time to File Response/Reply as to #30 MOTION to Amend/Correct/Supplement #17 Amended Complaint, Motion seeking two-week extension to August 20, 2021, filed. Defendants shall file their response on or before 08/20/2021. So Ordered by Magistrate Judge Marcia M. Henry on 08/04/2021. (Henry, Marcia)
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| Filing 35 REPLY in Support re #34 Response in Opposition to Motion, #33 Letter MOTION for Discovery Requesting 'So Ordering' of Plaintiff's Proposed Scheduling Order filed by Toussaint Wortham. (Lee, C.K.) |
| Filing 34 RESPONSE in Opposition re #33 Letter MOTION for Discovery Requesting 'So Ordering' of Plaintiff's Proposed Scheduling Order filed by All Defendants. (Pollack, Jeffrey) |
| Filing 33 Letter MOTION for Discovery Requesting 'So Ordering' of Plaintiff's Proposed Scheduling Order by Toussaint Wortham. (Attachments: #1 Proposed Scheduling Order) (Lee, C.K.) |
| Filing 32 Letter MOTION for Extension of Time to File Response/Reply as to #30 MOTION to Amend/Correct/Supplement #17 Amended Complaint, Motion seeking two-week extension to August 20, 2021, filed by 21st Ave Bus Corp., Bella Bus Corp., Brooklyn Transportation Corp., John Cronin, GVC II Inc., L & M Bus Corp., Maggies Paratransit Corp., Mat Bus Corp., Pride Transportation Services Inc., Quality Transportation Corp., Total Transportation Corp., Agostino Vona. (Pollack, Jeffrey) |
| Filing 31 MEMORANDUM in Support re #30 MOTION to Amend/Correct/Supplement #17 Amended Complaint, filed by Toussaint Wortham. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Lee, C.K.) |
| Filing 30 MOTION to Amend/Correct/Supplement #17 Amended Complaint, by Toussaint Wortham. (Lee, C.K.) |
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ORDER denying in part #26 and denying #29 Motion for Hearing to Set Case Management Plan and Resolve the Potential Scheduling of Parties' Anticipated and Pending Motions. Plaintiff's request for a premotion conference #26 or scheduling conference #29 for his anticipated motion to amend the Complaint is DENIED as unnecessary. The Court sets the following briefing schedule: Plaintiff shall file his motion to amend the complaint on or before 07/23/2021; Defendants shall file a response on or before 08/06/2021. So Ordered by Magistrate Judge Marcia M. Henry on 07/09/2021. (Gans, Courtney)
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| Filing 29 Letter MOTION for Hearing to Set Case Management Plan and Resolve the Potential Scheduling of Parties' Anticipated and Pending Motions by Toussaint Wortham. (Lee, C.K.) |
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ORDER: Plaintiff's request #26 for a pre-motion conference on an anticipated motion to amend the complaint is REFERRED to Magistrate Judge Marcia M. Henry. The pre-motion conference on Defendants' anticipated motion to dismiss, currently scheduled for July 8, 2021, is ADJOURNED sine die. Defendants may renew their request after Magistrate Judge Henry makes a determination with respect to the motion to amend the complaint. Ordered by Judge LaShann DeArcy Hall on 6/24/2021. (Williams, Erica)
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ORDER granting #28 : The Parties' Motion for Extension of Time to File Response/Reply to Plaintiffs Motion for Conditional Certification is granted. Defendants' deadline for response to Plaintiff's Motion for Conditional Certification is extended from June 23, 2021 until a date that shall be determined during the July 8, 2021 pre-motion conference on Defendants' anticipated motion to dismiss. So Ordered by Magistrate Judge Marcia M. Henry on 6/22/2021. (Gans, Courtney)
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| Filing 28 Letter MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for Conditional Certification by 21st Ave Bus Corp., Bella Bus Corp., Brooklyn Transportation Corp., John Cronin, GVC II Inc., L & M Bus Corp., Maggies Paratransit Corp., Mat Bus Corp., Pride Transportation Services Inc., Quality Transportation Corp., Total Transportation Corp., Agostino Vona. (Attachments: #1 Proposed Order) (Quill, Timothy) |
| Case Reassigned to Magistrate Judge Marcia M. Henry. Magistrate Judge Vera M. Scanlon no longer assigned to the 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. (Mahoney, Brenna) |
| Filing 27 RESPONSE in Opposition re #26 Letter MOTION for pre motion conference re: Plaintiff's Motion to Amend First Amended Complaint, Plaintiff's Reply to Defendants' Letter Response [Dkt. No. 25] filed by 21st Ave Bus Corp., Bella Bus Corp., Brooklyn Transportation Corp., John Cronin, GVC II Inc., L & M Bus Corp., Maggies Paratransit Corp., Mat Bus Corp., Pride Transportation Services Inc., Quality Transportation Corp., Total Transportation Corp., Agostino Vona. (Pollack, Jeffrey) |
| Filing 26 Letter MOTION for pre motion conference re: Plaintiff's Motion to Amend First Amended Complaint, Plaintiff's Reply to Defendants' Letter Response [Dkt. No. 25] by Toussaint Wortham. (Lee, C.K.) |
| Filing 25 Letter in response to Plaintiff's Letter re: Service of Plaintiff's Motion to Certify a Conditional Collective, Briefing Schedule (ECF No. 24), filed by 21st Ave Bus Corp., Bella Bus Corp., Brooklyn Transportation Corp., John Cronin, GVC II Inc., L & M Bus Corp., Maggies Paratransit Corp., Mat Bus Corp., Pride Transportation Services Inc., Quality Transportation Corp., Total Transportation Corp., Agostino Vona (Pollack, Jeffrey) |
| Filing 24 Letter re: Service of Plaintiff's Motion to Certify a Conditional Collective, Briefing Schedule by Toussaint Wortham (Lee, C.K.) |
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SCHEDULING ORDER: Defendants' request #19 for a pre-motion conference on its anticipated motion to dismiss is GRANTED. The pre-motion conference shall be held telephonically on July 8, 2021 at 11:00 a.m. The parties are directed to contact chambers on July 8, 2021 at 11:00 a.m. using the following conference line and dial-in information: toll free number 1-888-684-8852; access code 1537693. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Ordered by Judge LaShann DeArcy Hall on 6/9/2021. (Williams, Erica)
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ORDER: The 6/9/2021 Telephone conference is adjourned sine die. The Court will provide further instructions shortly. Ordered by Magistrate Judge Vera M. Scanlon on 6/3/2021. (Quinlan, Krista)
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| Filing 23 Corporate Disclosure Statement by 21st Ave Bus Corp., Bella Bus Corp., Brooklyn Transportation Corp., GVC II Inc., L & M Bus Corp., Maggies Paratransit Corp., Mat Bus Corp., Pride Transportation Services Inc., Quality Transportation Corp., Total Transportation Corp. (Pollack, Jeffrey) |
| Filing 22 AMENDED Summons Issued as to Pride Transportation Services Inc.. (Layne, Monique) |
| Filing 21 RESPONSE in Opposition re #19 Letter MOTION for pre motion conference seeking permission to file Motion to Dismiss Plaintiff's Amended Complaint filed by Toussaint Wortham. (Lee, C.K.) |
| Filing 20 CONSENT to become party in a collective action. by Toussaint Wortham (Lee, C.K.) |
| Filing 19 Letter MOTION for pre motion conference seeking permission to file Motion to Dismiss Plaintiff's Amended Complaint by 21st Ave Bus Corp., Bella Bus Corp., Brooklyn Transportation Corp., John Cronin, GVC II Inc., L & M Bus Corp., Maggies Paratransit Corp., Mat Bus Corp., Pride Transportation Services Inc., Quality Transportation Corp., Total Transportation Corp., Agostino Vona. (Pollack, Jeffrey) |
| Filing 18 Proposed Summons. Re #17 Amended Complaint, by Toussaint Wortham (Lee, C.K.) |
| Filing 17 AMENDED COMPLAINT against 21st Ave Bus Corp., Bella Bus Corp., Brooklyn Transportation Corp., GVC II Inc., L & M Bus Corp., Maggies Paratransit Corp., Mat Bus Corp., Quality Transportation Corp., Total Transportation Corp., Pride Transportation Services Inc., filed by Toussaint Wortham. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Lee, C.K.) |
| Filing 16 Joint MOTION to Adjourn Conference in Light of Plaintiff's Time to File an Amended Complaint, filed by 21st Ave Bus Corp., Bella Bus Corp., Brooklyn Transportation Corp., John Cronin, GVC II Inc., L & M Bus Corp., Maggies Paratransit Corp., Mat Bus Corp., Quality Transportation Corp., Total Transportation Corp., Agostino Vona. (Quill, Timothy) |
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ORDER granting #16 Motion to Adjourn Conference. At the request of the parties, the 4/21/2021 Telephone Conference is rescheduled to 6/9/2021 at 2:30 PM before Magistrate Judge Vera M. Scanlon. The Parties are to refer to #12 and must file the joint proposed scheduling order by 6/3/2021. The Parties are to call 877-336-1829 and type in the access code 3581283 for the AT&T conference bridge. Ordered by Magistrate Judge Vera M. Scanlon on 4/14/2021. (Quinlan, Krista)
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ORDER: Defendants' motion #14 for a pre-motion conference on an anticipated motion to dismiss is DENIED in light of Plaintiff's request for leave to file an amended complaint. Plaintiff's amended complaint shall be filed by April 30, 2021. Ordered by Judge LaShann DeArcy Hall on 4/13/2021. (Williams, Erica)
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RE-SCHEDULING ORDER: Due to a scheduling conflict, the Telephone Conference set for 4/21/2021 will begin at 11:30 AM (not 10:30 AM) before Magistrate Judge Vera M. Scanlon. Counsel are to confirm amongst themselves that all are aware of this change. Ordered by Magistrate Judge Vera M. Scanlon on 4/13/2021. (Quinlan, Krista)
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| Filing 15 RESPONSE in Opposition re #14 Letter MOTION for pre motion conference seeking permission to file Motion to Dismiss filed by Toussaint Wortham. (Lee, C.K.) |
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ORDER: On March 30, 2021, Defendants filed a pre-motion conference letter on an anticipated motion to dismiss. In contravention of this Court's individual practices, Plaintiff failed to timely respond. Plaintiff shall file a reply PMC letter by April 9, 2021. Failure to do so may result in sanctions, including dismissal of this action for failure to prosecute. Ordered by Judge LaShann DeArcy Hall on 4/8/2021. (Williams, Erica)
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| Filing 14 Letter MOTION for pre motion conference seeking permission to file Motion to Dismiss by 21st Ave Bus Corp., Bella Bus Corp., Brooklyn Transportation Corp., John Cronin, GVC II Inc., L & M Bus Corp., Maggies Paratransit Corp., Mat Bus Corp., Quality Transportation Corp., Total Transportation Corp., Agostino Vona. (Attachments: #1 Exhibit Ex. A - March 15, 2021 Letter from Jeffrey D. Pollack to C.K. Lee) (Pollack, Jeffrey) |
| Filing 13 NOTICE of Appearance by Anne Seelig on behalf of Toussaint Wortham (aty to be noticed) (Seelig, Anne) |
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Filing 12
ORDER granting #11 Motion for Extension of Time to Answer as to All Defendants. Defendants' deadline to answer the Complaint or otherwise move is extended to 3/31/2021. SCHEDULING ORDER: As set forth in the attached Order, a Telephonic Initial Conference is scheduled for 4/21/2021 at 10:30 AM before Magistrate Judge Scanlon. Plaintiff's counsel is expected to provide Defendants' counsel with a detailed calculation of damages at least one week prior to the Initial Conference. The Parties must complete the attached joint proposed scheduling order and file on ECF no later than 4/15/2021. Plaintiff'scounsel is expected to provide Defendants' counsel with a detailed calculation of damages at least one week prior to the Initial Conference. The Parties are to call 877-336-1829 and type in the access code 3581283 for the AT&T conference bridge. Please do not use the speaker function on your phone, remember to identify yourselves every time you speak, and speak slowly and deliberately for purposes of the record. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Ordered by Magistrate Judge Vera M. Scanlon on 3/2/2021. (Quinlan, Krista) (Main Document 12 replaced on 3/3/2021) (Lee, Tiffeny).
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| Filing 11 MOTION for Extension of Time to File Answer by Toussaint Wortham (Lee, C.K.) Modified on 3/2/2021 to add motion. (Quinlan, Krista). |
| Filing 10 NOTICE of Appearance by Timothy J. Quill, Jr on behalf of All Defendants (aty to be noticed) (Quill, Timothy) |
| Filing 9 NOTICE of Appearance by Jeffrey D. Pollack on behalf of All Defendants (aty to be noticed) (Pollack, Jeffrey) |
| Filing 8 Summons Issued as to All Defendants. (Bowens, Priscilla) |
| Filing 7 Proposed Summons. Re #1 Complaint, by Toussaint Wortham (Lee, C.K.) |
| Filing 6 Proposed Summons. Re #1 Complaint, by Toussaint Wortham (Attachments: #1 Proposed Summons, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons, #6 Proposed Summons, #7 Proposed Summons, #8 Proposed Summons, #9 Proposed Summons, #10 Proposed Summons, #11 Rider) (Lee, C.K.) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 4 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) |
| Your proposed summonses were not issued for the following reason: If multiple defendants, there must me a rider attached to the summons with the name and addresses of all defendants included. (Bowens, Priscilla) |
| Case Assigned to Judge LaShann DeArcy Hall and Magistrate Judge Vera M. Scanlon. 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) |
| Filing 3 Proposed Summons. Re #1 Complaint, by Toussaint Wortham (Attachments: #1 Proposed Summons, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons, #6 Proposed Summons, #7 Proposed Summons, #8 Proposed Summons, #9 Proposed Summons, #10 Proposed Summons) (Lee, C.K.) |
| Filing 2 Civil Cover Sheet.. Re #1 Complaint, by Toussaint Wortham (Lee, C.K.) |
| Filing 1 COMPLAINT against 21st Ave Bus Corp., Bella Bus Corp., Brooklyn Transportation Corp., John Cronin, GVC II Inc., L & M Bus Corp., Maggies Paratransit Corp., Mat Bus Corp., Quality Transportation Corp., Total Transportation Corp., Agostino Vona filing fee $ 402, receipt number ANYEDC-13948046 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Toussaint Wortham. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Lee, C.K.) |
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