Seminara v. Windows We Are, Inc. et al
| Christopher Seminara |
| Windows We Are, Inc., John Turnbull and Scott Turnbull |
| 1:2023cv05135 |
| July 6, 2023 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
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Filing 15
ORDER: The Court adopts the parties' proposed case management plan, see ECF No. [14-1], as the Court's scheduling order required by Rule 16(b), with the adjustments reflected in the accompanying order. Ordered by Judge Hector Gonzalez on 8/29/2023. (ICP)
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| Filing 14 Letter by Christopher Seminara (Attachments: #1 Proposed CMP) (Mizrahi, Jason) |
| Filing 13 NOTICE of Appearance by Patrick T. McPartland on behalf of John Turnbull, Scott Turnbull, Windows We Are, Inc. (aty to be noticed) (McPartland, Patrick) |
| Filing 12 MOTION for Extension of Time to File Answer re #1 Complaint by John Turnbull, Scott Turnbull, Windows We Are, Inc.. (Blumetti, Jared) |
| Filing 11 NOTICE of Appearance by Jared Evan Blumetti on behalf of John Turnbull, Scott Turnbull, Windows We Are, Inc. (aty to be noticed) (Blumetti, Jared) |
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ORDER: The Court grants Defendants' motion for an extension of time, see ECF No. #12 , and Defendants shall file their answer(s) or otherwise respond to Plaintiff's complaint on or before September 5, 2023. However, the parties' deadline to file the joint letter and case management plan required by the Court's prior scheduling order, see ECF No. #9 , remains August 23, 2023, because the Court does not need Defendants' answer(s) to set a discovery schedule. Ordered by Judge Hector Gonzalez on 7/26/2023. (BH)
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| Filing 10 SUMMONS Returned Executed by Christopher Seminara. John Turnbull served on 7/18/2023, answer due 8/8/2023. (Levin-Epstein, Joshua) |
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Filing 9
SCHEDULING ORDER: Counsel for all parties are directed to file on the docket a joint letter describing the case and a completed civil case management plan by August 23, 2023, as further described in the attached mandatory requirements. Requests for adjournment of the deadline for these submissions will be considered only if made in writing and otherwise in accordance with Section I.D of the Court's Individual Practices. Plaintiff's counsel shall notify Defendants' counsel of this scheduling order, in writing, as soon as reasonably possible.Although the Court will be amenable to a reasonable extension of Defendants' deadlines to answer or otherwise respond to Plaintiff's complaint, the Court will require the parties to demonstrate additional good cause to adjourn the deadline for filing the joint letter and proposed case management plan required by this order because the Court does not need Defendants' answer(s) to set a discovery schedule. Ordered by Judge Hector Gonzalez on 7/19/2023. (BH)
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| Filing 8 SUMMONS Returned Executed by Christopher Seminara. Windows We Are, Inc. served on 7/14/2023, answer due 8/4/2023. (Levin-Epstein, Joshua) |
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ORDER: The Court has received the affidavit of service filed by Plaintiff, see ECF No. #8 , which indicates that Plaintiff served Defendant Windows We Are, Inc. by delivering Plaintiff's complaint and a summons to the New York Secretary of State. As a courtesy to Defendant, and to facilitate Defendant's prompt appearance, Plaintiff's counsel shall mail a copy of Plaintiff's complaint and a summons to the address for Defendant Windows We Are, Inc. identified for service of process made available on the Secretary of State's website: https://apps.dos.ny.gov/publicInquiry/.Plaintiff's counsel shall file a declaration on or before July 26, 2023, confirming Plaintiff's compliance with this order or, alternatively, explaining why Plaintiff was unable to comply with this order.If Plaintiff fails to mail a copy of Plaintiff's complaint and a summons as required by this order, and Defendant Windows We Are, Inc. eventually enters an untimely appearance, the Court will likely vacate any entry of default or default judgment against Defendant unless the circumstances unambiguously demonstrate that Defendant actually received notice of Plaintiff's complaint. Additionally, the Court may decline to award Plaintiff a default judgment against Defendant Windows We Are, Inc. unless Plaintiff can show that Defendant has received notice of Plaintiff's complaint and has willfully failed to appear. Ordered by Judge Hector Gonzalez on 7/19/2023. (BH)
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| Filing 7 Summons Issued as to John Turnbull, Scott Turnbull, Windows We Are, Inc.. (KD) |
| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| Filing 5 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. (KD) |
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ORDER: Plaintiff shall file a letter no longer than three pages on or before July 27, 2023, describing Plaintiff's efforts to serve Plaintiff's complaint and a summons on each Defendant. If Plaintiff fails to file the letter required by this order, or if Plaintiff's letter demonstrates a lack of diligence in attempting service, then the Court is unlikely to extend the deadline for Plaintiff to complete service under Rule 4(m) in the absence of unusual circumstances demonstrating good cause.The Court will not extend the deadline for Plaintiff to file the letter required by this order unless Plaintiff requests an extension in accordance with Section I.D of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 7/7/2023. (BH)
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| Case Assigned to Judge Hector Gonzalez. 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. (KD) |
| Filing 4 Proposed Summons. by Christopher Seminara (Levin-Epstein, Joshua) |
| Filing 3 Civil Cover Sheet.. by Christopher Seminara (Levin-Epstein, Joshua) |
| Filing 2 CONSENT to become party in a collective action. by Christopher Seminara (Levin-Epstein, Joshua) |
| Filing 1 COMPLAINT against John Turnbull, Scott Turnbull, Windows We Are, Inc. filing fee $ 402, receipt number ANYEDC-16860405, filed by Christopher Seminara. (Levin-Epstein, Joshua) |
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