Martinez v. Gloria's Manor, LLC et al
| Gessica Martinez |
| Gloria's Manor LLC, Morris Oiring and Pleet Home Care Agency, Inc. |
| 1:2021cv05732 |
| October 14, 2021 |
| US District Court for the Eastern District of New York |
| James R Cho |
| Diane Gujarati |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Defendant |
Docket Report
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This docket was last retrieved on October 29, 2021. A more recent docket listing may be available from PACER.
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Filing 16
ORDER IN FLSA CASE REQUIRING DISCOVERY, SETTING INITIAL PRETRIAL DISCOVERY SCHEDULE, AND REFERRAL TO MEDIATION: The following Order implements Rule 16's requirement for cases based on the Fair Labor Standards Act ("FLSA"). The Rule 26(a)(1) provisions on initial disclosures are waived in this case. Instead, the parties must utilize the discovery protocol and comply with the herein described deadlines and requirements. Status Report regarding Settlement is due by 12/23/2021. ORDER REFERRING CASE to Mediation (Selection of Mediator due by 12/23/2021). Mediation shall be completed by 2/6/2022. Ordered by Magistrate Judge James R. Cho on 10/29/2021. (Attachments: #1 Chamber's Individual Rules) (Gillespie, Saudia)
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ORDER finding as moot #13 Motion for Extension of Time to Answer. See answer filed as DE #15 . Ordered by Magistrate Judge James R. Cho on 10/29/2021. (Gillespie, Saudia)
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| MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation must be signed at the mediation session by all participants, including the mediator, and sent via email to Robyn_Weinstein@nyed.uscourts.gov. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to nyed_adr@nyed.uscourts.gov within two weeks following mediation session. (Priftakis, Tina) |
| Filing 15 ANSWER to Complaint by Gloria's Manor LLC, Morris Oiring, Pleet Home Care Agency, Inc.. (Aron, Martin) |
| Filing 14 Letter Martin W. Aron, Esq. (Joint Status Letter) by Gloria's Manor LLC, Morris Oiring, Pleet Home Care Agency, Inc. (Aron, Martin) |
| Filing 13 First MOTION for Extension of Time to File Answer by Gloria's Manor LLC, Morris Oiring, Pleet Home Care Agency, Inc.. (Aron, Martin) |
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STATUS REPORT ORDER -- The parties are directed to confer and submit a joint status letter by October 22, 2021. Ordered by Judge Diane Gujarati on 10/15/2021. (Almonte, Kelly)
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| Filing 12 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. (Neptune, Pierre) |
| Filing 11 Case transferred in from District of New Jersey; Case Number 2:21-cv-13002. Original file certified copy of transfer order and docket sheet received. |
| The case of Martinez v. Gloria's Manor, LLC et al, has been transferred from District of New Jersey to the Eastern District of New York. The new case number is 21-CV-5732. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Neptune, Pierre) |
| Case extracted via ECF to District of Eastern District of New York. (jr) [Transferred from New Jersey on 10/14/2021.] |
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Filing 10
STIPULATION AND ORDER to Dismiss NJLAD Claims with Prejudice and Transfer Action to the U.S. District Court, Eastern District of New York. Signed by Judge Brian R. Martinotti on 8/25/2021. (ams, ) [Transferred from New Jersey on 10/14/2021.]
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| ***Civil Case Terminated pursuant to #10 Stipulation and Order. (ams, ) [Transferred from New Jersey on 10/14/2021.] |
| Filing 9 STIPULATION To Transfer by All Plaintiffs. (BRUNNER, KIMBERLEY) [Transferred from New Jersey on 10/14/2021.] |
| Filing 8 Letter from Martin W. Aron, Esq.. (ARON, MARTIN) [Transferred from New Jersey on 10/14/2021.] |
| Filing 7 RESPONSE to Motion filed by GESSICA MARTINEZ re #4 First MOTION to Dismiss (BRUNNER, KIMBERLEY) [Transferred from New Jersey on 10/14/2021.] |
| Filing 6 NOTICE of Appearance by KIMBERLEY BRUNNER on behalf of GESSICA MARTINEZ (BRUNNER, KIMBERLEY) [Transferred from New Jersey on 10/14/2021.] |
| Filing 5 NOTICE of Appearance by ELIZA LYNN LLOYD on behalf of All Defendants (LLOYD, ELIZA) [Transferred from New Jersey on 10/14/2021.] |
| Filing 4 First MOTION to Dismiss by All Defendants. Responses due by 8/16/2021 (Attachments: #1 Text of Proposed Order Proposed Order, #2 Declaration Declaration of Morris Oiring, #3 Declaration Declaration of Martin W. Aron, #4 Exhibit Exhibits to Declaration of Martin W. Aron, #5 Statement Memorandum of Law, #6 Certificate of Service Certification of Service)(ARON, MARTIN) [Transferred from New Jersey on 10/14/2021.] |
| Clerk`s Text Order - The document #3 submitted by GLORIA'S MANOR, LLC, PLEET HOME CARE AGENCY, INC., MORRIS OIRING has been GRANTED. The answer due date has been set for 7/16/2021. (sm) [Transferred from New Jersey on 10/14/2021.] |
| Filing 3 Application and Proposed Order for Clerk's Order to extend time to answer. (ARON, MARTIN) [Transferred from New Jersey on 10/14/2021.] |
| Filing 2 Corporate Disclosure Statement by GLORIA'S MANOR, LLC, MORRIS OIRING, PLEET HOME CARE AGENCY, INC.. (ARON, MARTIN) [Transferred from New Jersey on 10/14/2021.] |
| Filing 1 NOTICE OF REMOVAL by GLORIA'S MANOR, LLC, PLEET HOME CARE AGENCY, INC., MORRIS OIRING ( Filing and Admin fee $ 402 receipt number CNJDC-12579624), filed by GLORIA'S MANOR, LLC, PLEET HOME CARE AGENCY, INC., MORRIS OIRING. (Attachments: #1 Notice of Compliance, #2 Civil Cover Sheet, #3 Certification of Service)(ARON, MARTIN) [Transferred from New Jersey on 10/14/2021.] |
| Judge Brian R. Martinotti and Magistrate Judge Cathy L. Waldor added. (ps) [Transferred from New Jersey on 10/14/2021.] |
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