Arsenal v. Star Nissan, Inc. et al
| Arvi Clyde Arsenal |
| Star Nissan, Inc. and John Koufukis, Jr. |
| 1:2023cv06631 |
| September 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 |
Docket Report
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This docket was last retrieved on April 8, 2024. A more recent docket listing may be available from PACER.
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Filing 16
Letter r.e. October 24, 2023 Order by Arvi Clyde Arsenal (Mizrahi, Jason)
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ORDER: The Court grants Plaintiff's request for leave to file an amended complaint, see ECF No. #16 , that attempts to address the issues raised in Defendants' pre-motion letter regarding Defendants' proposed motion to dismiss, see ECF No. #13 . Plaintiff has not previously amended the complaint, and Plaintiff has requested permission to amend less than 21 days after Defendants filed a pre-motion letter, as authorized by Rule 15(a)(1). The Court therefore denies Defendants' request for a pre-motion conference.Plaintiff shall file an amended complaint on or before November 14, 2023. Defendants shall file a short letter on or before November 21, 2023, indicating whether Defendants intend to move to dismiss Plaintiff's amended complaint. Defendants' letter need not reiterate the legal and factual bases for Defendants' planned motion to dismiss, and Plaintiff shall not file a responsive letter.If Defendants decide to move to dismiss Plaintiff's amended complaint, then Defendants shall file opening papers in support of the motion on or before December 14, 2023. Plaintiff shall file opposition papers on or before January 15, 2024, and Defendants shall file reply papers on or before January 29, 2024. The parties' motion papers shall comply with the page limits and other requirements described in Section IV.B of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 10/31/2023. (KM)
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Filing 15
SCHEDULING ORDER: The parties' case management plan was due yesterday. Instead, Defendants filed a letter requesting a pre-motion conference for their motion to dismiss and requesting an adjournment of the case management plan deadline, see ECF No. #13 , and Plaintiff filed a joint letter regarding the case and a proposed case management plan that "Defendants do not agree with," see ECF No. #14 . Filing a letter for a pre-motion conference does not absolve the Defendants' obligation to file a case management plan. By moving to adjourn on the day it was due, Defendants have waived their rights to participate in drafting the case management plan. Upon review of Plaintiff's proposed case management plan, the Court finds that Plaintiff has not articulated a basis for fact discovery to exceed 90 days. The Court therefore adopts the case management plan set forth in the accompanying order as its scheduling order required by Rule 16(b). The Court will not extend the deadlines for fact discovery in the accompanying case management plan unless the parties demonstrate that they have been diligently pursuing their discovery obligations and that good cause exists for an extension. The parties are reminded that under Section I.D. of the Court's Individual Practices, all requests for adjournments or extensions of time must be made at least three business days prior to a scheduled deadline or appearance. The Court warns the parties that future failures timely to comply with the Court's orders may result in sanctions. Ordered by Judge Hector Gonzalez on 10/24/2023. (KM)
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ORDER: Defendant has filed a letter requesting a pre-motion conference to discuss a proposed motion to dismiss Plaintiff's complaint. See ECF No. #13 . Plaintiff shall file a responsive letter that complies with Section IV.A of the Court's Individual Practices on or before October 31, 2023, which shall address whether Plaintiff believes the complaint can be amended to address the issues raised in Defendant's letter. Ordered by Judge Hector Gonzalez on 10/24/2023. (KM)
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Filing 14
Letter by Arvi Clyde Arsenal (Attachments: #1 Exhibit Proposed Case Management Plan) (Mizrahi, Jason)
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Filing 13
MOTION for pre motion conference re #1 Complaint by John Koufukis, Jr., Star Nissan, Inc.. (Felsen, Jamie)
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Filing 12
First MOTION for Extension of Time to File Answer re #1 Complaint by John Koufukis, Jr., Star Nissan, Inc.. (Felsen, Jamie)
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ORDER granting #12 Motion for Extension of Time to Answer. Defendants are directed to answer, move, or otherwise respond to Plaintiff's complaint by November 3, 2023. Ordered by Judge Hector Gonzalez on 10/4/2023. (JN)
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Filing 11
SUMMONS Returned Executed by Arvi Clyde Arsenal. Star Nissan, Inc. served on 9/19/2023, answer due 10/10/2023. (Mizrahi, Jason)
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Filing 10
SUMMONS Returned Executed by Arvi Clyde Arsenal. John Koufukis, Jr. served on 9/13/2023, answer due 10/4/2023. (Mizrahi, Jason)
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Filing 9
NOTICE of Appearance by Jason Mizrahi on behalf of Arvi Clyde Arsenal (aty to be noticed) (Mizrahi, Jason)
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Filing 8
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 October 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. Ordered by Judge Hector Gonzalez on 9/7/2023. (JN)
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Filing 7
Summons Issued as to All Defendants. (CV)
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Filing 6
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV)
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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. (CV)
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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. (CV)
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Filing 4
Proposed Summons. by Arvi Clyde Arsenal (Levin-Epstein, Joshua)
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Filing 3
Civil Cover Sheet.. by Arvi Clyde Arsenal (Levin-Epstein, Joshua)
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Filing 2
CONSENT to become party in a collective action. by Arvi Clyde Arsenal (Levin-Epstein, Joshua)
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Filing 1
COMPLAINT against John Koufukis, Jr., Star Nissan, Inc. filing fee $ 402, receipt number ANYEDC-17056862, filed by Arvi Clyde Arsenal. (Levin-Epstein, Joshua)
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