Fairmont Insurance Brokers Ltd. v. HR Service Group d/b/a Infiniti HR
| Fairmont Insurance Brokers Ltd. |
| HR Service Group d/b/a Infiniti HR |
| 1:2023cv08654 |
| November 21, 2023 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Nicholas G Garaufis |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1132 E.R.I.S.A. |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 12, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Minute entry for proceedings held before Judge Nicholas G. Garaufis: pre-motion conference for a motion to dismiss held on January 12, 2024. Counsel for Plaintiff and Counsel for Defendant present. The court granted Defendant's request for leave to file a motion to dismiss and set the following briefing schedule: Defendant will serve its motion by January 18, 2024; Plaintiff will serve its opposition by February 16, 2024; Defendant will file its reply, if any, by March 15, 2024. Plaintiff discussed a cross-motion to remand; if Plaintiff decides to move to remand, the briefing will follow the same schedule. The parties are reminded to follow the court's individual rules for filing the motion. (Court Reporter: Michele Lucchese) (DP) |
| Filing 11 NOTICE of Appearance by Gabriel Steven Rosenberg on behalf of Fairmont Insurance Brokers Ltd. (aty to be noticed) (Rosenberg, Gabriel) |
| Filing 10 Corporate Disclosure Statement by Fairmont Insurance Brokers Ltd. (Newman, Evan) |
ORDER: The parties' request to adjourn the initial conference is granted. ECF No. 9. The conference is adjourned sine die. Ordered by Magistrate Judge Lois Bloom on 12/19/2023. (IK)
|
| Filing 9 Letter MOTION to Adjourn Conference by HR Service Group d/b/a Infiniti HR. (Shapiro, Peter) |
| Filing 8 Letter MOTION for pre motion conference by HR Service Group d/b/a Infiniti HR. (Shapiro, Peter) |
|
ORDER: Defendant's #8 request for a pre-motion conference is GRANTED. The parties are DIRECTED to confer and contact the court's Deputy at Joseph_Reccoppa@nyed.uscourts.gov to schedule the pre-motion conference. Defendant's time to answer, move, or otherwise respond to the Complaint is stayed until 14 days after the date of the conference or, if motion practice continues, 14 days following decision on the motion. So Ordered by Judge Nicholas G. Garaufis on 12/14/2023. (DP)
|
|
ORDER: Defendant's motion to stay discovery, ECF No. 6, pending resolution of its motion to dismiss is denied as moot in light of Judge Garaufis's Order striking defendant's motion to dismiss. Ordered by Magistrate Judge Lois Bloom on 12/12/2023. (IK)
|
|
ORDER: The court is in receipt of Defendant's #6 Motion to Dismiss. The case was assigned to Chief Magistrate Judge Lois Bloom as the presiding judge as part of a Pilot Program. (Dkt. 2) Under the Pilot Program, parties were required to follow the procedures in Administrative Order 2023-23, which states: "If a party intends to file a motion... to dismiss for failure to state a claim or any relief under Rule 12(b)... and all parties have not yet consented to the jurisdiction of the Magistrate Judge, the party seeking such relief must file, no later than any date specified by any Federal or Local Rule governing the timing of such a motion, a letter no longer than one (1) page expressing such intent." Defendant here failed to do so. The court therefore STRIKES Defendant's #6 Motion to Dismiss. The case is now assigned to Judge Nicholas G. Garaufis. If Defendant seeks to file a motion to dismiss, it must first request a pre-motion conference and seek the court's leave before doing so according to the Individual Rules of Judge Nicholas G. Garaufis, Section IV(A)(2). Defendant's time to answer, move, or otherwise respond to the Complaint is extended to January 4, 2024. So Ordered by Judge Nicholas G. Garaufis on 12/7/2023. (DP)
|
| Filing 7 RESPONSE in Opposition re #6 MOTION to Dismiss for Failure to State a Claim and for a Stay of Discovery , MEMORANDUM in Opposition To Defendant's Motion to Stay Discovery filed by Fairmont Insurance Brokers Ltd.. (Newman, Evan) |
| Case Assigned to Judge Nicholas G. Garaufis and Magistrate Judge Lois Bloom. Magistrate Judge Lois Bloom no longer assigned as presider to the case. 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. (DA) |
|
ORDER: Defendant HR Service Group d/b/a Infiniti HR removed this action from Kings County Supreme Court on November 21, 2023, ECF No. #1 , and now moves to dismiss this case and for a stay of discovery. ECF No. #6 . Plaintiff shall respond to the portion of defendant's motion requesting to stay discovery by December 6, 2023. The Clerk of Court is respectfully directed to assign this case to a District Judge in light of defendants motion to dismiss. Ordered by Magistrate Judge Lois Bloom on 11/29/2023. (IK)
|
| NOTICE to Assign District Judge: The Clerk of Court is directed to reassign this case to a district judge. (IK) |
| Filing 6 MOTION to Dismiss for Failure to State a Claim and for a Stay of Discovery by HR Service Group d/b/a Infiniti HR. (Attachments: #1 Declaration of Peter T. Shapiro, #2 Exhibit 1 - Client Services Agreement, #3 Exhibit 2 - Summary Plan Description, #4 Memorandum in Support Memorandum of Law in support of Motion to Dismiss) (Shapiro, Peter) |
| Filing 5 NOTICE of Appearance by Evan M. Newman on behalf of Fairmont Insurance Brokers Ltd. (aty to be noticed) (Newman, Evan) |
|
ORDER: Defendant HR Service Group d/b/a Infiniti HR removed this action from Kings County Supreme Court on November 21, 2023, invoking this Court's federal question jurisdiction. ECF No. #1 . Defendant shall respond to plaintiff's complaint by December 4, 2023. Fed. R. Civ. P. 81(c)(2)(C). Any party seeking a trial by jury shall file a jury demand by that date. Fed. R. Civ. P. 81(c)(3)(A). The parties shall also file corporate disclosure statements in accordance with Federal Rule of Civil Procedure 7.1 by that date. HR shall serve a copy of this Order on Fairmont and file proof of service on the docket forthwith. The Court shall hold the initial conference on December 20, 2023 at 9:30 a.m. in Courtroom 11A South of the United State Courthouse, 225 Cadman Plaza East, Brooklyn, New York. The parties shall exchange their Rule 26(a)(1) initial disclosures and file a 26(f) Meeting Report by December 13, 2023. Parties are advised that they must contact each other before making any request for an adjournment to the Court. Any request for an adjournment must be electronically filed with the Court at least seventy-two (72) hours before the scheduled conference. Ordered by Magistrate Judge Lois Bloom on 11/27/2023. (IK)
|
| Filing 4 NOTICE of Appearance by Rachel Wrubel on behalf of Fairmont Insurance Brokers Ltd. (aty to be noticed) (Wrubel, Rachel) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) |
| Filing 2 Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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 is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (CV) |
| Case Assigned to Magistrate Judge Lois Bloom. 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) |
| This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (CV) |
| Filing 1 NOTICE OF REMOVAL by HR Service Group d/b/a Infiniti HR from Supreme Court, Kings County, case number 530665/2023. ( Filing fee $ 402 receipt number ANYEDC-17309097) (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B-Summary Plan Discription, #3 Civil Cover Sheet) (Shapiro, Peter) |
| Incorrect Case/Document/Entry Information. Please file using the correct event the: Complaint, Civil Cover Sheet, and pay the Civil Filing Fee for the following case for processing. This event may be found under-Initial Pleadings and Service (CV) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
