Gray v. Cape Mount Heavy Construction & Associates, Inc. et al
| Brandel Gray |
| Cape Mount Heavy Construction & Associates, Inc., DiFazio Industries, LLC and John Doe Bonding Companies 1-20 |
| 1:2021cv06781 |
| December 7, 2021 |
| US District Court for the Eastern District of New York |
| Rachel P Kovner |
| Peggy Kuo |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| None |
Docket Report
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| Document Text |
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| Filing 17 ANSWER to #1 Complaint by Cape Mount Heavy Construction & Associates, Inc.. (Dandeneau, Gerald) |
| Filing 16 NOTICE of Appearance by Ryan Patrick McCarthy on behalf of Brandel Gray (aty to be noticed) (McCarthy, Ryan) |
| Filing 15 NOTICE of Appearance by Gerald V. Dandeneau on behalf of Cape Mount Heavy Construction & Associates, Inc. (aty to be noticed) (Dandeneau, Gerald) |
| REQUEST for Certificate of Default is denied at this time. It appears from the docket that Defendant DiFazio Industries, LLC has appeared and filed an answer. re #12 Request for Certificate of Default, (Poveda, J.) |
| Filing 14 ANSWER to #1 Complaint by DiFazio Industries, LLC. (Ziskin, Richard) |
| Filing 13 NOTICE of Appearance by Richard B. Ziskin on behalf of DiFazio Industries, LLC (aty to be noticed) (Ziskin, Richard) |
| Filing 12 Request for Certificate of Default by Brandel Gray (Attachments: #1 Proposed Certificate of Default, #2 Declaration Decl. of James E. Goodley, Esq., #3 Exhibit Ex. 1 - Secretary of State Report, #4 Certificate of Service) (Goodley, James) |
| Filing 11 SUMMONS Returned Executed by Brandel Gray. DiFazio Industries, LLC served on 12/10/2021, answer due 12/31/2021. (Attachments: #1 Certificate of Service) (Goodley, James) |
| Filing 10 WAIVER OF SERVICE Returned Executed by Brandel Gray. Cape Mount Heavy Construction & Associates, Inc. waiver sent on 12/11/2021, answer due 2/9/2022. (Goodley, James) |
ORDER granting #9 Motion for Leave to Appear Pro Hac Vice. Attorney Ryan P. McCarthy is permitted to appear pro hac vice on behalf of Plaintiff. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Peggy Kuo on 12/13/2021. (O'Neil-Berven, Ryan)
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| Filing 9 First MOTION to Appear Pro Hac Vice by Ryan McCarthy Filing fee $ 150, receipt number ANYEDC-15106753. by Brandel Gray. (Attachments: #1 Affidavit in Support Decl. of R. McCarthy, #2 Exhibit PA Certificate of Good Standing, #3 Exhibit NJ Certificate of Good Standing) (Goodley, James) |
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Filing 8
ORDER IN FLSA CASE REQUIRING DISCOVERY AND SETTING INITIAL PRETRIAL DISCOVERY AND MEDIATION SCHEDULE: The parties are ordered to engage in discovery as outlined in the attached Order, and to engage in early settlement discussions. A joint status report regarding settlement efforts must be filed by June 8, 2022. If the parties are unable to settle on their own, the case will be referred to EDNY Court-Annexed Mediation for formal mediation. The parties may move to waive these requirements and permit the parties to proceed by way of a Proposed Discovery Plan only for good cause, by filing a joint letter request on ECF. Ordered by Magistrate Judge Peggy Kuo on 12/8/2021. (O'Neil-Berven, Ryan)
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| Filing 7 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 6 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 5 Summons Issued as to Cape Mount Heavy Construction & Associates, Inc., DiFazio Industries, LLC. (Attachments: #1 DiFazio summons) (Bowens, Priscilla) |
| Case Assigned to Judge Rachel P. Kovner and Magistrate Judge Peggy Kuo. 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 4 Proposed Summons. Re #1 Complaint by Brandel Gray (Goodley, James) |
| Filing 3 Proposed Summons. Re #1 Complaint by Brandel Gray (Goodley, James) |
| Filing 2 Civil Cover Sheet.. Re #1 Complaint by Brandel Gray (Goodley, James) |
| Filing 1 COMPLAINT Class Action against All Defendants filing fee $ 402, receipt number ANYEDC-15094244 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Brandel Gray. (Goodley, James) |
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