Klich et al v. Klimczak et al
| Mark Klich, Aluminum Fabricators Corp. and R. King Windows Corp. |
| Konrad Klimczak, Zdzislaw Klimczak, Wojciech Klimczak and Marek Jaros |
| 1:2021cv04812 |
| August 26, 2021 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on November 17, 2021. A more recent docket listing may be available from PACER.
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Filing 19
AFFIDAVIT/AFFIRMATION re #17 Affidavit in Response to Plaintiffs Order to Show Cause by Marek Jaros, Konrad Klimczak, Wojciech Klimczak, Zdzislaw Klimczak (Brejt, Jenny)
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ORDER granting #18 . Defendants' reply to plaintiff's response #17 shall be filed by 11/15/2021. Ordered by Judge Brian M. Cogan on 11/9/2021. (Weisberg, Peggy)
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Filing 18
Letter MOTION for Leave to File Document IN OPPOSITION TO PLAINTIFFS ORDER TO SHOW CAUSE by Marek Jaros, Konrad Klimczak, Wojciech Klimczak, Zdzislaw Klimczak. (Brejt, Jenny)
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Filing 17
AFFIDAVIT/AFFIRMATION IN RESPONSE TO ORDER TO SHOW CAUSE by Aluminum Fabricators Corp., Mark Klich, R. King Windows Corp. (Ilasz, Livius)
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Filing 16
NOTICE of Appearance by James Emmet Murphy on behalf of Marek Jaros, Konrad Klimczak, Wojciech Klimczak, Zdzislaw Klimczak (aty to be noticed) (Murphy, James)
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Minute Entry and Order to Show Cause for Initial Status Conference and Premotion Conference held before Judge Brian M. Cogan on 10/21/2021. Counsel for both parties present by phone. Plaintiff is ORDERED TO SHOW CAUSE by 11/4/2021 why this action should not be dismissed for failure to state a claim. See Brooklyn Savings Bank v. O'Neil, 324 U.S. 697, 706-07 (1945); Garcia v. Jambox, 14-cv-3504, 2015 WL 2359502 at *14-15 (S.D.N.Y. April 27, 2015); Joo v. Kitchen Table, Inc., 763 F. Supp. 2d 643, 648 (S.D.N.Y. 2011); Dees v. Hydradry, 706 F. Supp. 2d 1227, 1243 (M.D. Fla. 2010) ("A confidentiality provision in an FLSA settlement agreement both contravenes the legislative purpose of the FLSA and undermines the Department of Labor's regulatory effort to notify employees of their FLSA rights."). See transcript for details. (Court Reporter: Victoria Butler.) (Weisberg, Peggy)
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Filing 4
Summons Issued as to Marek Jaros, Konrad Klimczak, Wojciech Klimczak, Zdzislaw Klimczak. (Davis, Kimberly)
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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)
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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)
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Filing 1
COMPLAINT against Marek Jaros, Konrad Klimczak, Wojciech Klimczak, Zdzislaw Klimczak, filed by Mark Klich, R. King Windows Corp., Aluminum Fabricators Corp.. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Davis, Kimberly)
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ORDER TO SHOW CAUSE. Plaintiffs are ORDERED TO SHOW CAUSE by 9/2/2021 why this action should not be dismissed for lack of subject matter jurisdiction. Residence is not determinative of citizenship. See 147-149 McCarren, LLC v. Holding De Gestion Turistica MIJ Spain S.L., No. 21-CV-950, 2021 WL 878557, at *2 (E.D.N.Y. Mar. 9, 2021). Plaintiffs need to disclose whether Klich is a citizen of New York and not a dual citizen of any foreign country. They also need to allege the citizenship of each of the defendants, not just their residence. Ordered by Judge Brian M. Cogan on 8/26/2021. (Weisberg, Peggy)
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FILING FEE: $ 402.00, receipt number ANYEDC-14785984 (Davis, Kimberly)
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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. (Davis, Kimberly)
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