Canty et al v. Be Money Inc. et al
| Brittany Canty, Terrance Knox and Dillon Welch |
| Be Money Inc., D/B/A DAYLIGHT,, D/B/A PATHWARD FINANCIAL, INC.. Mete Bank, Robert Curtis, Billie Simmons, Meta Bank, Be Money Inc. doing business as Daylight and Pathward Financial, Inc. |
| 1:2023cv02470 |
| March 31, 2023 |
| US District Court for the Eastern District of New York |
| Diane Gujarati |
| Cheryl L Pollak |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Fed. Question: Employment Discrimination |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 25, 2023. A more recent docket listing may be available from PACER.
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ORDER denying #18 Letter MOTION for pre motion conference, and granting leave to amend: In their May 24, 2023 response to Defendants' #18 letter motion requesting a pre-motion conference, Plaintiffs seek leave to amend the Complaint. See ECF No. 19 at 1. The Court has determined that leave to amend is appropriate here, where the record does not reflect any undue delay, bad faith by Plaintiffs, that amendment at this stage will result in undue prejudice to Defendants, or that amendment would be futile. See Fed. R. Civ. P. 15(a)(2) (providing that "[t]he court should freely give leave [to amend] when justice so requires"); Adlife Mktg. & Commc'ns Co. v. Best Yet Mkt., Inc., No. 17-CV-02978, 2018 WL 4568801, at *1 (E.D.N.Y. Sept. 24, 2018) ("Unless there is a showing of bad faith, undue delay, futility or undue prejudice to the non-moving parties, the district court should grant leave to amend."). Plaintiffs shall file any amended complaint on or before July 10, 2023, in accordance with the undersigned's Individual Practice Rules. See Individual Practice Rule I.E. The #18 letter motion is denied without prejudice to renewal after that deadline. Ordered by Judge Diane Gujarati on 5/25/2023. (JB)
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| Filing 19 REPLY to Response to Motion re #18 Letter MOTION for pre motion conference to address request to seek dismissal filed by Brittany Canty, Terrance Knox, Dillon Welch. (Blackburn, Tyrone) |
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ORDER re: #18 Letter MOTION for pre motion conference -- On May 12, 2023, Defendants filed a #18 Letter MOTION for pre motion conference requesting a pre-motion conference in anticipation of filing a motion to dismiss. To date, Plaintiffs have failed to file the response required by the undersigned's Individual Practice Rules. See Individual Practice Rule III.A. Plaintiffs are directed to respond to Defendants' #18 Letter MOTION for pre motion conference by May 26, 2023. Ordered by Judge Diane Gujarati on 5/23/2023. (KA)
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| Filing 18 Letter MOTION for pre motion conference to address request to seek dismissal by Be Money Inc., Robert Curtis, Billie Simmons. (Haigh, Emily) |
| Filing 17 STIPULATION of Dismissal by Meta Bank (Camire, Melissa) |
| Filing 16 Letter Reply in Opposition to Defendants Motion to Seal the Pleadings by Brittany Canty, Terrance Knox, Dillon Welch (Blackburn, Tyrone) |
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Filing 15
SCHEDULING ORDER: An Initial Conference is set for 7/26/2023 @ 2:15 PM before Magistrate Judge Cheryl L. Pollak. Initial conference will proceed via AT&T conference call. Please dial 877-336-1839 at 2:15 PM. Enter Access code: 380-1746 and security code: 23-2470. So Ordered by Magistrate Judge Cheryl L. Pollak on 4/20/2023. (DC)
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ELECTRONIC ORDER granting #14 : Meta Bank to answer or otherwise respond to the complaint by 6/2/2023. So Ordered by Magistrate Judge Cheryl L. Pollak on 4/20/2023. (MK)
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| Filing 14 Letter MOTION for Extension of Time to File Answer by Meta Bank. (Camire, Melissa) |
| Filing 13 NOTICE of Appearance by Melissa Jill Camire on behalf of Meta Bank (aty to be noticed) (Camire, Melissa) |
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ELECTRONIC ORDER re #12 : The Court Orders the Clerk of Court to file the Complaint at #1 under seal pending the determination of defendants' letter motion at #12 to file the Complaint under seal and file publicly a redacted version of the Complaint. Plaintiffs are Ordered to respond to #12 by 4/28/2023. So Ordered by Magistrate Judge Cheryl L. Pollak on 4/14/2023. (MK)
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| Filing 12 Letter requesting non-redacted version of Complaint be filed under seal and attached redacted version be filed publicly by Be Money Inc. (Attachments: #1 Exhibit A - Redacted Version of Complaint) (Haigh, Emily) |
| Filing 11 WAIVER OF SERVICE Returned Executed by Be Money Inc.. Be Money Inc. waiver sent on 4/3/2023, answer due 6/2/2023. (Haigh, Emily) |
| Filing 10 NOTICE of Appearance by Emily Clara Haigh on behalf of Be Money Inc., Robert Curtis, Billie Simmons (aty to be noticed) (Haigh, Emily) |
| Filing 9 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
| 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. (SR) |
| Filing 7 Summons Issued as to All Defendants. (Attachments: #1 Meta Bank, #2 Robert Curtis, #3 Billie Simmons) (SR) |
| Case Assigned to Judge Diane Gujarati and Magistrate Judge 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. (SR) |
| Filing 6 Proposed Summons. Re #1 Complaint, by Brittany Canty, Terrance Knox, Dillon Welch (Blackburn, Tyrone) |
| Filing 5 Proposed Summons. Re #1 Complaint, by Brittany Canty, Terrance Knox, Dillon Welch (Blackburn, Tyrone) |
| Filing 4 Proposed Summons. Re #1 Complaint, Notice: Re: Incomplete Civil Cover Sheet, by Brittany Canty, Terrance Knox, Dillon Welch (Blackburn, Tyrone) |
| Filing 3 Proposed Summons. Re #2 Proposed Summons/Civil Cover Sheet, #1 Complaint, Notice: Re: Incomplete Civil Cover Sheet, by Brittany Canty, Terrance Knox, Dillon Welch (Blackburn, Tyrone) |
| Filing 2 Civil Cover Sheet.. Re #1 Complaint, Notice: Re: Incomplete Civil Cover Sheet, by Brittany Canty, Terrance Knox, Dillon Welch (Blackburn, Tyrone) |
| Filing 1 COMPLAINT against Be Money Inc., D/B/A DAYLIGHT,, Robert Curtis, D/B/A PATHWARD FINANCIAL, INC.. Mete Bank, Billie Simmons filing fee $ 402, receipt number ANYEDC-16554294 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Brittany Canty, Dillon Welch, Terrance Knox. (Blackburn, Tyrone) Modified on 4/14/2023 as per Magistrate Cheryl L. Pollak's Electronic Order dated 4/14/2023. (EF). |
| Notice: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (SR) |
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