Vasquez v. A+ Staffing LLC et al
| KRYSTAL VASQUEZ, Milena Aguilar Santana, Mario Rene Chafoya, Kraig Brown and Jose Medrano Aguilar |
| A+ STAFFING LLC, A+ STUDENT STAFFING LLC, MACK STAFFING SERVICES, ROBERT MACK, Supreme Restoration, LLC doing business as Servpro of Washington County, JDL INC. doing business as Servpro of Newport & Bristol Counties and DLJD Inc. doing business as Servpro of Long Island City |
| 1:2022cv02306 |
| April 22, 2022 |
| US District Court for the Eastern District of New York |
| LaShann DeArcy Hall |
| Cheryl L Pollak |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Denial of Overtime Compensation |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 28, 2023. A more recent docket listing may be available from PACER.
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| Filing 89 Letter Re: Mediation (JOINT) by A+ Staffing LLC, A+ Student Staffing LLC (Porta, John) |
ELECTRONIC ORDER re #89 : In light of the parties' agreement to attend private mediation on 12/14/2023, the Court hereby adjourns sine die: (1) the pre-hearing conference scheduled for 10/2/2023; (2) the evidentiary hearings scheduled for 10/23/2023 through 10/26/2023; and (3) all deadlines set out in #85 and in the Court's Electronic Scheduling Order, dated September 22, 2023. By 12/19/2023, the parties shall file a status report informing the Court of the outcome of mediation. So Ordered by Magistrate Judge Cheryl L. Pollak on 9/28/2023. (DB)
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ELECTRONIC SCHEDULING ORDER re #59 - #85 - #87 - #88 : The Court will hold evidentiary hearings on the motion to compel arbitration on 10/23/2023, 10/24/2023, 10/25/2023, and 10/26/2023. The hearings will begin at 9:00 AM each day and will take place at the United States Courthouse, Courtroom 13B South. By 9/29/2023, plaintiffs shall file a letter indicating which of the plaintiff-witnesses will testify on each day. So Ordered by Magistrate Judge Cheryl L. Pollak on 9/22/2023. (DB)
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| Filing 88 Letter Re: Scheduling (JOINT) by A+ Staffing LLC, A+ Student Staffing LLC (Porta, John) |
| Filing 87 Letter Pursuant to Court's September 8, 2023 Order by Jose Medrano Aguilar, Kraig Brown, Mario Rene Chafoya, Milena Aguilar Santana, Krystal Vasquez (Sweeney, Brendan) |
| Filing 86 Letter Re: A+ Defendants' Motion to Compel Arbitration by A+ Staffing LLC, A+ Student Staffing LLC (Porta, John) |
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Filing 85
ORDER REGULATING PROCEEDINGS: To facilitate the scheduling and efficient management of the evidentiary hearings on arbitration, the parties shall review the attached Order and comply with each of the deadlines set forth therein. So Ordered by Magistrate Judge Cheryl L. Pollak on 9/8/2023. (DB)
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| Filing 84 AFFIDAVIT/DECLARATION in Support re #59 First MOTION to Compel Arbitration filed by A+ Staffing LLC, A+ Student Staffing LLC. (Attachments: #1 Exhibit 1 - Dkt. No. 59, #2 Exhibit 2 - Dkt. No. 80, #3 Exhibit 3 - Plaintiffs' Responses to Interrogatories, #4 Exhibit 4 - Deposition Transcript, #5 Exhibit 5 - Onboarding E-mail, #6 Exhibit 6 - Text Communications, #7 Exhibit 7 - Text Communications, #8 Exhibit 8 - E-mail Communications, #9 Exhibit 9- E-mail Communications, #10 Exhibit 10 - E-mail Communications, #11 Exhibit 11 - Plaintiff Onboarding Documents and Audit Trail, #12 Exhibit 12 - Plaintiff Onboarding Documents and Audit Trail, #13 Exhibit 13 - Plaintiff Onboarding Documents and Audit Trail, #14 Exhibit 14 - Plaintiff Onboarding Documents and Audit Trail, #15 Exhibit 15 - Plaintiff Onboarding Documents and Audit Trail, #16 Exhibit 16 - Plaintiff Onboarding Documents and Audit Trail, #17 Exhibit 17 - Plaintiff Onboarding Documents and Audit Trail, #18 Exhibit 18 - Plaintiff Onboarding Documents and Audit Trail, #19 Exhibit 19 - Plaintiff Onboarding Documents and Audit Trail, #20 Exhibit 20 - Plaintiff Onboarding Documents and Audit Trail, #21 Exhibit 21 - Plaintiff Onboarding Documents and Audit Trail, #22 Exhibit 22 - Plaintiff Onboarding Documents and Audit Trail, #23 Exhibit 23 - Plaintiff Onboarding Documents and Audit Trail, #24 Exhibit 24 - Plaintiff Onboarding Documents and Audit Trail, #25 Exhibit 25 - Plaintiff Onboarding Documents and Audit Trail, #26 Exhibit 26 - Plaintiff Onboarding Documents and Audit Trail, #27 Exhibit 27 - Plaintiff Onboarding Documents and Audit Trail, #28 Exhibit 28 - Plaintiff Onboarding Documents and Audit Trail, #29 Exhibit 29 - Plaintiff Onboarding Documents and Audit Trail, #30 Exhibit 30 - Plaintiff Onboarding Documents and Audit Trail) (Porta, John) |
| Filing 83 REPLY in Support re #59 First MOTION to Compel Arbitration (Defendants' Reply memorandum of Law in Further Support of Motion to Compel Arbitration) filed by A+ Staffing LLC, A+ Student Staffing LLC. (Porta, John) |
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ELECTRONIC ORDER re #82 : No extension of time is necessary. Defendants are permitted to file their reply on 9/5/2023 under Local Civil Rule 6.4. So Ordered by Magistrate Judge Cheryl L. Pollak on 9/1/2023. (DB)
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| Filing 82 Letter Requesting Extension of Time to File Reply by A+ Staffing LLC, A+ Student Staffing LLC (Porta, John) |
| Filing 81 AFFIDAVIT/DECLARATION in Opposition re #59 First MOTION to Compel Arbitration [Declaration by Brendan Sweeney, Esq.] filed by Jose Medrano Aguilar, Kraig Brown, Mario Rene Chafoya, Milena Aguilar Santana, Krystal Vasquez. (Attachments: #1 Exhibit Exhibit 1 - Plaintiffs' Interrogatory Responses, #2 Exhibit Exhibit 2 - Teresa Pollock Deposition) (Sweeney, Brendan) |
| Filing 80 MEMORANDUM in Opposition re #59 First MOTION to Compel Arbitration filed by Jose Medrano Aguilar, Kraig Brown, Mario Rene Chafoya, Milena Aguilar Santana, Krystal Vasquez. (Sweeney, Brendan) |
| Filing 79 NOTICE of Appearance by Joseph Anci on behalf of A+ Staffing LLC, A+ Student Staffing LLC (aty to be noticed) (Anci, Joseph) |
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ORDER: Defendants' A+ Staffing LLC, A+ Student Staffing LLC and Staff Support Team motion #59 to compel arbitration is respectfully referred to Magistrate Judge Cheryl L. Pollak for a report and recommendation. Ordered by Judge LaShann DeArcy Hall on 8/3/2023. (CG)
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ORDER: Defendant Staff Support Team's motion #47 to compel arbitration is respectfully referred to Magistrate Judge Cheryl L. Pollak for a report and recommendation. Ordered by Judge LaShann DeArcy Hall on 8/3/2023. (CG)
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ELECTRONIC ORDER re #59 , #78 : In light of the completion of discovery into the arbitration issue, plaintiffs' opposition to #59 Motion to Compel Arbitration is due by 8/21/2023; any reply is due by 9/4/2023. The Court will hold a pre-hearing conference on 10/2/2023 at 11:15 AM. Conference to proceed via AT&T conference call. Please dial 877-336-1839 at 11:15 AM. Enter access code 380-1746 and security code 22-2306. The hearing will be held in person and will be scheduled at some point during the following days (to be determined at a later time): 10/19/2023, 10/20/223, 10/24/2023, 10/25/2023, 10/26/2023. So Ordered by Magistrate Judge Cheryl L. Pollak on 7/29/2023. (MK)
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| Filing 78 Letter Joint Status Update by Jose Medrano Aguilar, Kraig Brown, Mario Rene Chafoya, Milena Aguilar Santana, Krystal Vasquez (Sweeney, Brendan) |
| Filing 77 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on March 7, 2023, before Judge Judge Lashann Dearcy Hall. Court Reporter/Transcriber ToniAnn Lucatorto, Telephone number 17186132601. Email address: toniannlucatorto@gmail.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 7/18/2023. Redacted Transcript Deadline set for 7/28/2023. Release of Transcript Restriction set for 9/25/2023. (Lucatorto, ToniAnn) |
| Filing 76 MEMORANDUM in Support re #64 MOTION to Certify FLSA Collective Action and Court Authorized Notice filed by Jose Medrano Aguilar, Kraig Brown, Mario Rene Chafoya, Milena Aguilar Santana, Krystal Vasquez. (Attachments: #1 Exhibit Exhibit 1 - Supplemental Declaration of Mario Chafoya, #2 Exhibit Exhibit 2 - Supplemental Declaration Deisy Hernandez, #3 Exhibit Exhibit 3 - Supplemental Declaration Oscar Norato) (Sweeney, Brendan) |
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ELECTRONIC ORDER granting #75 : Deadline for limited discovery into contract formation extended until 7/14/2023. So Ordered by Magistrate Judge Cheryl L. Pollak on 6/15/2023. (MK)
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| Filing 75 Letter Requesting Extension of Deadline for Limited Discovery by A+ Staffing LLC, A+ Student Staffing LLC (Porta, John) |
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ELECTRONIC ORDER granting #74 on consent. Plaintiffs' reply to Motion to Certify FLSA Collective Action and Court Authorized Notice due by 6/16/2023. So Ordered by Magistrate Judge Cheryl L. Pollak on 6/10/2023. (MK)
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| Filing 74 Letter MOTION for Extension of Time to File Response/Reply by Jose Medrano Aguilar, Kraig Brown, Mario Rene Chafoya, Milena Aguilar Santana, Krystal Vasquez. (Sweeney, Brendan) |
| Filing 73 MEMORANDUM in Opposition re #64 MOTION to Certify FLSA Collective Action and Court Authorized Notice filed by A+ Staffing LLC, A+ Student Staffing LLC. (Attachments: #1 1 - Memorandum of Law, #2 2 - Notice of Motion, #3 3 - Declaration, #4 4 - Agreement, #5 5 - Agreement, #6 6 - Notice of Lawsuits, #7 7 - May 3, 2023 Letter) (Porta, John) |
| Filing 72 MEMORANDUM in Opposition re #64 MOTION to Certify FLSA Collective Action and Court Authorized Notice filed by Robert Mack, Mack Staffing Services. (Klausner, Jeremy) |
| Filing 71 Letter regarding May 17, 2023 Order by Robert Mack, Mack Staffing Services (Klausner, Jeremy) |
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ORDER: Pursuant to Section III.A of the Court's Individual Practices, parties must request a pre-motion conference with the Court before making any motion pursuant to Rule 12. Moreover, Section III.B of the Court's Individual Practices provides that "[p]arties may not serve motion papers before the Court enters a briefing schedule." In direct Contravention of the Court's Individual Practices, the Mack Defendants filed a motion to dismiss, without leave of the Court. Therefore, the Mack Defendants' motion to dismiss #69 is DENIED with leave to renew once the Court enters a briefing schedule. Future failures to abide by the Court's Individual Practices may result in sanctions. Plaintiff is not required to respond to Defendants' motion to dismiss. Ordered by Judge LaShann DeArcy Hall on 5/17/2023. (CG)
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| Filing 70 Letter Regarding the Defendants' Filing of Motion to Dismiss for Failure to State a Claim (Docket # 69) by Jose Medrano Aguilar, Kraig Brown, Mario Rene Chafoya, Milena Aguilar Santana, Krystal Vasquez (Sweeney, Brendan) |
| Filing 69 MOTION to Dismiss for Failure to State a Claim (prevailing wage claims) by Robert Mack, Mack Staffing Services. (Attachments: #1 Memorandum in Support) (Klausner, Jeremy) |
| Filing 68 Letter MOTION for Extension of Time to File Response/Reply as to #65 Affidavit in Support of Motion,, Status Report Order, #66 Memorandum in Support, #64 MOTION to Certify FLSA Collective Action and Court Authorized Notice, #67 Letter by Robert Mack, Mack Staffing Services. (Klausner, Jeremy) |
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ELECTRONIC ORDER granting #68 : Defendants Mack Staffing Services and Robert Mack to respond to #64 by 6/2/2023. So Ordered by Magistrate Judge Cheryl L. Pollak on 5/12/2023. (MK)
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ELECTRONIC ORDER re #67 : Defendants A+ Staffing LLC, A+ Student Staffing LLC, and Staff Support Team to respond to #64 by 6/2/2023. So Ordered by Magistrate Judge Cheryl L. Pollak on 5/11/2023. (MK)
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| Filing 67 Letter in Response to Plaintiffs Application for Conditional Certification (Dkts. 64-66) by A+ Staffing LLC, A+ Student Staffing LLC (Porta, John) |
| Filing 66 MEMORANDUM in Support re #64 MOTION to Certify FLSA Collective Action and Court Authorized Notice filed by Jose Medrano Aguilar, Kraig Brown, Mario Rene Chafoya, Milena Aguilar Santana, Krystal Vasquez. (Sweeney, Brendan) |
| Filing 65 AFFIDAVIT/DECLARATION in Support re #64 MOTION to Certify FLSA Collective Action and Court Authorized Notice filed by Jose Medrano Aguilar, Kraig Brown, Mario Rene Chafoya, Milena Aguilar Santana, Krystal Vasquez. (Attachments: #1 Exhibit Exhibit 1 - Declaration of Mario Chafoya, #2 Exhibit Exhibit 2 - Declaration Deisy Hernandez, #3 Exhibit Exhibit 3 - Declaration Oscar Norato, #4 Exhibit Exhibit 4 - Declaration Claudia Chaparro, #5 Exhibit Exhibit 5 - Proposed Class Notice, #6 Exhibit Exhibit 6 - Proposed Text Message, #7 Exhibit Exhibit 7 - Proposed Reminder Postcard, #8 Exhibit Exhibit 8 - Translator Certificate) (Sweeney, Brendan) |
| Filing 64 MOTION to Certify FLSA Collective Action and Court Authorized Notice by Jose Medrano Aguilar, Kraig Brown, Mario Rene Chafoya, Milena Aguilar Santana, Krystal Vasquez. (Sweeney, Brendan) |
| MINUTE ENTRY for Status Conference proceeding held before Magistrate Judge Cheryl Pollak on 4/24/2023. Appearance for plaintiffs: Nicholas Bittner \ Brendan Sweeney. Appearance for defendants: Jeremy Klausner (Mack defendants); Peter Sullivan \ Christian Garcia \ Edward Grimmett (Supreme Restoration, JDL Inc. defendants); John Porta \ Melanie Ross (A+ Staffing LLC, Staff Support Team, defendants). Plaintiff to serve written discovery requests by 5/3/2023. Responses 5/17/2023. Defendants to serve requests to admit by 5/3/2023. Responses 5/17/2023. Depositions to be conducted by 6/14/2023. Status report due 6/14/2023. (FTR: 2:44 - 3:07) (DC) |
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ELECTRONIC SCHEDULING ORDER: Status Conference set for 4/24/2023 at 2:45 PM before Magistrate Judge Cheryl L. Pollak. Conference to proceed via AT&T conference call. Please dial 877-336-1839 at 2:45 PM. Enter access code 380-1746 and security code 22-2306. So Ordered by Magistrate Judge Cheryl L. Pollak on 4/20/2023. (MK)
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| Filing 63 CONSENT to become party in a collective action. by Jose Medrano Aguilar, Kraig Brown, Mario Rene Chafoya, Milena Aguilar Santana, Krystal Vasquez (Sweeney, Brendan) |
| Filing 62 NOTICE of Appearance by Annabel Rae Stanley on behalf of A+ Staffing LLC, A+ Student Staffing LLC (aty to be noticed) (Stanley, Annabel) |
| Filing 61 Letter by Jose Medrano Aguilar, Kraig Brown, Mario Rene Chafoya, Milena Aguilar Santana, Krystal Vasquez (Attachments: #1 Supplement March 7, 2023 (Pre-Motion Conference Transcript)) (Sweeney, Brendan) |
| Filing 60 Letter by Jose Medrano Aguilar, Kraig Brown, Mario Rene Chafoya, Milena Aguilar Santana, Krystal Vasquez (Attachments: #1 Supplement March 7, 2023 (Pre-Motion Conference Transcript)) (Sweeney, Brendan) |
| Filing 59 First MOTION to Compel Arbitration by A+ Staffing LLC. (Attachments: #1 Affidavit, #2 Memorandum in Support, #3 Exhibit) (Porta, John) |
| Filing 58 Letter MOTION for pre motion conference to file Motion to Dismiss Plaintiffs' Third Amended Complaint by JDL INC., Supreme Restoration, LLC. (Solomon, Aaron) |
| Filing 57 Third MOTION for pre motion conference re #55 Amended Complaint, by Robert Mack, Mack Staffing Services. (Klausner, Jeremy) |
| MINUTE ENTRY for Status Conference proceeding held before Magistrate Judge Cheryl Pollak on 3/28/2023. Appearance for plaintiff: Nicholas Bittner \ Brendan Sweeney \ Rowan Laidlaw (Legal Intern). Appearance for defendants: Melanie Ross & John Porta (A+ defendants, Staff Support Team defendants) \ Peter Sullivan (JDL Inc/Supreme Restoration LLC) \ Jeremy Klausner (Mack Defendants). Schedule set for discovery limited to arbitration question: Defendants to provide basis for motion to compel arbitration. By 5/3/2023, plaintiffs to identify the individuals who are in dispute and promulgate written discovery requests. To the extent defendants need written discovery, they are to send those requests and take whatever depositions are needed with discovery to be completed by 6/14/2023. To the extent that plaintiffs seek to file motion for certification of a collective and defendants seek to file a motion to dismiss, they are reminded to consult the District Court's rules and submit a letter detailing the dates agreed upon above and for any briefing. (DC) |
| Filing 56 CONSENT to become party in a collective action. by Jose Medrano Aguilar, Kraig Brown, Mario Rene Chafoya, Milena Aguilar Santana, Krystal Vasquez (Sweeney, Brendan) |
| Filing 55 AMENDED COMPLAINT (Third Amended Complaint) against A+ Staffing LLC, A+ Student Staffing LLC, JDL INC., Robert Mack, Mack Staffing Services, Supreme Restoration, LLC, filed by Kraig Brown, Milena Aguilar Santana, Krystal Vasquez, Mario Rene Chafoya, Jose Medrano Aguilar. (Sweeney, Brendan) |
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ELECTRONIC SCHEDULING ORDER: Status Conference set for 3/28/2023 at 9:45 AM before Magistrate Judge Cheryl L. Pollak. Conference will proceed via AT&T Conference Call. Please dial 877-336-1839 at 9:45 AM. Enter access code 380-1746 at security code 22-2306. So Ordered by Magistrate Judge Cheryl L. Pollak on 3/10/2023. (MK)
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| Filing 54 CONSENT to become party in a collective action. by Jose Medrano Aguilar, Kraig Brown, Mario Rene Chafoya, Milena Aguilar Santana, Krystal Vasquez (Sweeney, Brendan) |
| MINUTE ENTRY AND ORDER: A pre-motion conference was held before Judge LaShann DeArcy Hall on March 7, 2023. Brendan Sweeney and Nicholas Bittner appeared on behalf of Plaintiffs. James Bonicos appeared on behalf of Defendants Mack Staffing Services and Robert Mack. John Porta and Melanie Ross appeared on behalf of Defendants A+ Staffing LLC and A+ Student Staffing LLC. Edward Grimmett appeared on behalf of Defendant Supreme Restoration, LLC d/b/a Servpro of Washington County and JDL Inc., d/b/a Servpro of Newport & Bristol Counties. On or before March 21, 2023, Plaintiffs are directed to file a third amended complaint. Plaintiffs and Defendants A+ Staffing LLC and A+ Student Staffing LLC are directed to appear before Magistrate Judge Cheryl L. Pollak within thirty (30) days to engage in limited discovery related to the formation of any agreement to arbitrate Plaintiffs' claims. Within two (2) days after such discovery is completed, the parties are directed to file a joint letter indicating that discovery has been completed and requesting an evidentiary hearing. (Court Reporter Toniann Lucatorto.) (CG) |
| Filing 53 Letter regarding Notice of Appearance per Clerk by Robert Mack, Mack Staffing Services (Klausner, Jeremy) |
| Filing 52 Letter Regarding the Pre-Motion Conference Scheduled for March 7, 2023 by JDL INC., Supreme Restoration, LLC (Solomon, Aaron) |
| Filing 51 NOTICE of Appearance by James J. Bonicos on behalf of Robert Mack, Mack Staffing Services (aty to be noticed) (Bonicos, James) |
| Filing 50 NOTICE of Appearance by Christian Alexander Garcia on behalf of JDL INC., Supreme Restoration, LLC (notification declined or already on case) (Garcia, Christian) |
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ELECTRONIC ORDER granting #47 , #49 : Motion for Leave to Appear Pro Hac Vice. 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 s/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. So Ordered by Magistrate Judge Cheryl L. Pollak on 2/23/2023. (MK)
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| Filing 49 AFFIDAVIT/AFFIRMATION re #47 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16410363. by JDL INC., Supreme Restoration, LLC (Garcia, Christian) |
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ELECTRONIC ORDER granting #48 Motion for Extension of Time to Answer: Defendants JDL INC. and Supreme Restoration, LLC to answer or otherwise respond to the Complaint by 3/17/2023. So Ordered by Magistrate Judge Cheryl L. Pollak on 2/21/2023. (MK)
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ELECTRONIC ORDER re #47 : MOTION to Appear Pro Hac Vice : Counsel Christian Garcia is directed to submit a supplemental affidavit, not a declaration, in support of his pro hac vice motion which includes his attorney registration number. So Ordered by Magistrate Judge Cheryl L. Pollak on 2/21/2023. (MK)
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| Filing 48 Letter MOTION for Extension of Time to File Answer , move, or otherwise respond to the Amended Complaint by JDL INC., Supreme Restoration, LLC. (Solomon, Aaron) |
| Filing 47 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16410363. by JDL INC., Supreme Restoration, LLC. (Attachments: #1 Declaration) (Garcia, Christian) |
| Filing 46 NOTICE of Appearance by Peter A. Sullivan on behalf of JDL INC., Supreme Restoration, LLC (aty to be noticed) (Sullivan, Peter) |
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ORDER Defendants' motion #41 to adjourn the pre-motion conference is GRANTED. The pre-motion conference scheduled for February 15, 2023 is ADJOURNED to March 7, 2023, at 11:00 a.m., in Courtroom 4H North. Ordered by Judge LaShann DeArcy Hall on 2/9/2023. (CG)
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| Filing 45 NOTICE of Appearance by Edward Grimmett on behalf of JDL INC., Supreme Restoration, LLC (aty to be noticed) (Grimmett, Edward) |
| Filing 44 NOTICE of Appearance by Aaron Nathaniel Solomon on behalf of JDL INC., Supreme Restoration, LLC (aty to be noticed) (Solomon, Aaron) |
| Filing 43 WAIVER OF SERVICE Returned Executed by Kraig Brown, Milena Aguilar Santana, Krystal Vasquez, Mario Rene Chafoya, Jose Medrano Aguilar. DLJD Inc. waiver sent on 1/4/2023, answer due 3/6/2023. (Malloy, Margaret) |
| Filing 42 WAIVER OF SERVICE Returned Executed by Kraig Brown, Milena Aguilar Santana, Krystal Vasquez, Mario Rene Chafoya, Jose Medrano Aguilar. Supreme Restoration, LLC waiver sent on 1/4/2023, answer due 3/6/2023. (Malloy, Margaret) |
| Filing 41 First MOTION to Appear by Telephone/Video by Robert Mack, Mack Staffing Services. (Klausner, Jeremy) |
| Filing 40 AMENDED Summons Issued as to JDL INC., Supreme Restoration, LLC. re #34 . (ML) |
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ORDER: Defendants' Robert Mack and Mack Staffing Services third motion for a pre-motion conference #37 and Defendants' A+ Staffing LLC and A+ Student Staffing LLC motion for a pre-motion conference #38 are GRANTED. A pre-motion conference shall be held on February 15, 2023, at 10:00 a.m., in Courtroom 4H North. Defendants' Robert Mack and Mack Staffing Services second motion for a pre-motion conference #32 is DENIED as moot. Ordered by Judge LaShann DeArcy Hall on 1/20/2023. (EW)
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| Filing 39 Letter in response to A+ Defendants' premotion letter by Jose Medrano Aguilar, Kraig Brown, Mario Rene Chafoya, Milena Aguilar Santana, Krystal Vasquez (Malloy, Margaret) |
| Filing 38 Letter Requesting Pre-motion Conference by A+ Staffing LLC, A+ Student Staffing LLC (Porta, John) |
| Filing 37 Third MOTION for pre motion conference re #34 Amended Complaint, (Second Amended Complaint) by Robert Mack, Mack Staffing Services. (Klausner, Jeremy) |
| Filing 36 Letter in Response to Mack Defendants' Premotion Letter by Jose Medrano Aguilar, Kraig Brown, Mario Rene Chafoya, Milena Aguilar Santana, Krystal Vasquez (Malloy, Margaret) |
| Filing 35 Proposed Summons. Re #34 Amended Complaint, by Jose Medrano Aguilar, Kraig Brown, Mario Rene Chafoya, Milena Aguilar Santana, Krystal Vasquez (Malloy, Margaret) |
| Filing 34 AMENDED COMPLAINT against A+ Staffing LLC, A+ Student Staffing LLC, Robert Mack, Mack Staffing Services, Supreme Restoration, LLC, JDL INC., filed by Kraig Brown, Milena Aguilar Santana, Krystal Vasquez, Mario Rene Chafoya, Jose Medrano Aguilar. (Malloy, Margaret) |
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ORDER: The Court reserves determination as to Defendants Mack Staffing Services and Robert Mack's pre-motion conference request. The parties' joint request #33 to file a stipulation and proposed order permitting the filing of Plaintiffs' second amended complaint is GRANTED. With consent of all Defendants, Plaintiffs shall file their second amended complaint no later than December 13, 2022. Defendants shall answer, move, or otherwise respond to the second amended complaint no later than January 12, 2023. Ordered by Judge LaShann DeArcy Hall on 12/13/2022. (EW) Modified on 1/20/2023 (EW).
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| ELECTRONIC SCHEDULING ORDER: In light of #32 , the Initial Conference before Chief Magistrate Judge Cheryl L. Pollak previously scheduled for 12/16/22 is adjourned sine die. So Ordered by Chief Magistrate Judge Cheryl L. Pollak on 12/12/2022. (MK) |
| Filing 33 MOTION for Leave to File Document by Jose Medrano Aguilar, Kraig Brown, Mario Rene Chafoya, Milena Aguilar Santana, Krystal Vasquez. (Attachments: #1 Proposed Second Amended Complaint) (Malloy, Margaret) |
| Filing 32 Second MOTION for pre motion conference re #24 Amended Complaint by Robert Mack, Mack Staffing Services. (Klausner, Jeremy) |
| Filing 31 NOTICE of Appearance by Melanie Ross on behalf of A+ Staffing LLC, A+ Student Staffing LLC (aty to be noticed) (Ross, Melanie) |
| Filing 30 CONSENT to become party in a collective action. by Jose Medrano Aguilar, Kraig Brown, Mario Rene Chafoya, Milena Aguilar Santana, Krystal Vasquez (Malloy, Margaret) |
| Filing 29 CONSENT to become party in a collective action. by Jose Medrano Aguilar, Kraig Brown, Mario Rene Chafoya, Milena Aguilar Santana, Krystal Vasquez (Malloy, Margaret) |
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ORDER: The parties' joint request #28 for a modification of the Courts October 18, 2022 order is GRANTED. The order is modified as follows: Defendants' pre-motion conference letter in anticipation of its motion to dismiss is DENIED, with leave to renew. Any request for a pre-motion conference must be filed no later than December 9, 2022. Should the parties resolve the case through mediation before December 9, 2022, it will so apprise the Court of this settlement. Ordered by Judge LaShann DeArcy Hall on 10/24/2022. (EW)
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| Filing 28 Letter (joint) regarding Order dated October 18, 2022 by Robert Mack, Mack Staffing Services (Klausner, Jeremy) |
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ORDER: Defendants' request #26 for a pre-motion conference is DENIED. The parties shall brief Defendants' motion to dismiss pursuant to this Court's Individual Practices. Defendants shall serve on Plaintiffs their single, omnibus motion to dismiss no later than November 8, 2022. Plaintiffs shall serve on Defendants their opposition no later than November 29, 2022. Defendants shall serve their reply, and file the fully-briefed motion to dismiss no later than December 6, 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 motion, within two business days of filing. Memoranda of law and courtesy copies shall comply with this Court's Individual Practices. Ordered by Judge LaShann DeArcy Hall on 10/18/2022. (EW)
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| Filing 27 Letter in response to Mack Defendants' premotion letter by Jose Medrano Aguilar, Kraig Brown, Mario Rene Chafoya, Milena Aguilar Santana, Krystal Vasquez (Malloy, Margaret) |
| ELECTRONIC ORDER granting #25 Motion for Extension of Time to Answer. Answer due 12/9/2022. Initial Conference adjourned to 12/16/2022 @ 11:15 AM before Chief Magistrate Judge Cheryl L. Pollak. Initial conference will proceed via AT&T conference call. Please dial 877-336-1839 at 11:15 AM. Enter Access code: 380-1746 and security code: 22-2306. So Ordered by Chief Magistrate Judge Cheryl L. Pollak on 10/5/2022. (DC) |
| Filing 26 First MOTION for pre motion conference by Robert Mack, Mack Staffing Services. (Klausner, Jeremy) |
| Filing 25 Letter MOTION for Extension of Time to File Answer re #24 Amended Complaint by A+ Staffing LLC, A+ Student Staffing LLC. (Porta, John) |
| Filing 24 AMENDED COMPLAINT against All Defendants, filed by Krystal Vasquez, Milena Aguilar Santana, Mario Rene Chafoya, Kraig Brown, Jose Medrano Aguilar. (Malloy, Margaret) |
| Filing 23 CONSENT to become party in a collective action. by Krystal Vasquez (Malloy, Margaret) |
| Filing 22 Letter MOTION for Extension of Time to File Answer re #1 Complaint, by A+ Staffing LLC, A+ Student Staffing LLC. (Porta, John) |
| ELECTRONIC ORDER re #22 : If plaintiffs are to file an amended complaint, their amended complaint is due by 9/8/2022. Defendants will be given until 9/28/2022 to respond to the amended complaint. Parties are to notify the Court by 10/24/2022 as to whether they intend to go to court mediation or private mediation. So Ordered by Chief Magistrate Judge Cheryl L. Pollak on 8/25/2022. (Krent, Mollie) |
| Email Notification Test - DO NOT REPLY (Fernandez, Erica) |
| Filing 21 NOTICE of Appearance by Nicholas Robert Bittner on behalf of Krystal Vasquez (aty to be noticed) (Bittner, Nicholas) |
| Filing 20 NOTICE of Appearance by Brendan Sweeney on behalf of Krystal Vasquez (aty to be noticed) (Sweeney, Brendan) |
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Filing 19
SCHEDULING ORDER: An Initial Conference is set for 10/6/2022 @ 2:45 PM before Chief Magistrate Judge Cheryl L. Pollak. Initial conference will proceed via AT&T conference call. Please dial 877-336-1839 at 2:45 PM. Enter Access code: 380-1746 and security code: 22-2306. So Ordered by Chief Magistrate Judge Cheryl L. Pollak on 7/19/2022. (Caggiano, Diana)
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| ELECTRONIC ORDER re #18 : Defendants' time to answer, move, or otherwise respond to the Complaint is extended to 8/26/2022. So Ordered by Chief Magistrate Judge Cheryl L. Pollak on 7/15/2022. (Henney, Scott) |
| Filing 18 Letter Requesting Extension of Time Through August 26, 2022, to Answer, Move or Otherwise Respond to Complaint (With Plaintiff's Consent and at Behest of Counsel for Defendants Mack Staffing Services, Limited Liability Company and Robert Mack) by A+ Staffing LLC, A+ Student Staffing LLC (Porta, John) |
| Filing 17 NOTICE of Appearance by Catalina Cadavid on behalf of A+ Staffing LLC, A+ Student Staffing LLC (aty to be noticed) (Cadavid, Catalina) |
| Filing 16 NOTICE of Appearance by John J. Porta on behalf of A+ Staffing LLC, A+ Student Staffing LLC (aty to be noticed) (Porta, John) |
| Filing 15 NOTICE of Appearance by Mark Aaron Shoffner on behalf of A+ Staffing LLC, A+ Student Staffing LLC (aty to be noticed) (Shoffner, Mark) |
| Filing 14 Letter MOTION for Extension of Time to File Answer re #1 Complaint, by Robert Mack, Mack Staffing Services. (Klausner, Jeremy) |
| Filing 13 NOTICE of Appearance by Jeremy Klausner on behalf of Robert Mack, Mack Staffing Services (aty to be noticed) (Klausner, Jeremy) |
| ELECTRONIC ORDER granting #14 Motion for Extension of Time to Answer - answer due 7/31/2022. So Ordered by Chief Magistrate Judge Cheryl L. Pollak on 6/21/2022. (Caggiano, Diana) |
| ELECTRONIC ORDER re #12 : Granting Motion for Leave to Appear Pro Hac Vice. 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 is submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Chief Magistrate Judge Cheryl L. Pollak on 6/13/2022. (Henney, Scott) |
| Filing 12 Notice of MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15650799. by A+ Staffing LLC, A+ Student Staffing LLC. (Attachments: #1 Affidavit in Support) (Shoffner, Mark) |
| Filing 11 WAIVER OF SERVICE Returned Executed by Krystal Vasquez. A+ Staffing LLC waiver sent on 5/17/2022, answer due 7/16/2022; A+ Student Staffing LLC waiver sent on 5/17/2022, answer due 7/16/2022. (Malloy, Margaret) |
| Filing 10 Summons Issued as to A+ Staffing LLC, A+ Student Staffing LLC, Robert Mack, Mack Staffing Services. (Attachments: #1 Summons, #2 Summons, #3 Summons) (Davis, Kimberly) |
| Filing 9 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 8 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 LaShann DeArcy Hall and Chief Magistrate Cheryl L. Pollak. 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 7 CONSENT to become party in a collective action. by KRYSTAL VASQUEZ (Malloy, Margaret) |
| Filing 6 Civil Cover Sheet.. Re #1 Complaint, by KRYSTAL VASQUEZ (Malloy, Margaret) |
| Filing 5 Proposed Summons. Re #1 Complaint, by KRYSTAL VASQUEZ (Malloy, Margaret) |
| Filing 4 Proposed Summons. Re #1 Complaint, by KRYSTAL VASQUEZ (Malloy, Margaret) |
| Filing 3 Proposed Summons. Re #1 Complaint, by KRYSTAL VASQUEZ (Malloy, Margaret) |
| Filing 2 Proposed Summons. Re #1 Complaint, by KRYSTAL VASQUEZ (Malloy, Margaret) |
| Filing 1 COMPLAINT Krystal Vasquez, individually and on behalf of all others similarly situated against A+ STAFFING LLC, A+ STUDENT STAFFING LLC, ROBERT MACK, MACK STAFFING SERVICES $ 402 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by KRYSTAL VASQUEZ. (Malloy, Margaret) |
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