Sharma v. Open Door NY Home Care Services, Inc.
| Mala Sharma |
| Open Door NY Home Care Services, Inc. |
| 1:2024cv00497 |
| January 23, 2024 |
| US District Court for the Eastern District of New York |
| Diane Gujarati |
| Joseph A Marutollo |
| 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 March 26, 2024. A more recent docket listing may be available from PACER.
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| Filing 17 RESPONSE in Opposition re #15 Letter MOTION to Stay Discovery Pending Resolution of Forthcoming Motion to Dismiss filed by Mala Sharma. (Wims, David) |
| Filing 16 Letter withdrawing request to move to toll the FLSA SOL by Mala Sharma (Wims, David) |
ORDER: On March 11, 2024, the Court ordered Plaintiff to file a motion to toll the period for FLSA conditional class certification by March 15, 2024. To date, no such motion has been filed. Plaintiff shall file that motion by March 18, 2024 at 5 p.m. Failure to comply with Court orders may result in sanctions. Ordered by Magistrate Judge Joseph A. Marutollo on 3/16/2024. (Marutollo, Joseph)
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| Filing 15 Letter MOTION to Stay Discovery Pending Resolution of Forthcoming Motion to Dismiss by Open Door NY Home Care Services, Inc.. (Attachments: #1 Exhibit Order, Breland v. Zakarian) (Gusmano, Joseph) |
| Minute Entry for proceedings held before Magistrate Judge Joseph A. Marutollo: A pre-motion conference was held on the record on March 11, 2024. All counsel appeared. With respect to Defendant's anticipated motion to dismiss, the Court set the following briefing schedule: Defendant shall serve its motion to dismiss by April 5, 2024; Plaintiff shall file an opposition by May 6, 2024; and Defendant shall serve a reply by May 20, 2024. The fully-briefed motion shall be filed on May 20, 2024. The parties shall comply with Judge Gujarati's Individual Practices and Rules, including that the notice of motion and all supporting papers are to be served on the other parties along with a cover letter setting forth whom the movant represents and the papers being served. Only a copy of the cover letter shall be electronically filed on ECF in advance of the fully briefed motion, and it must be filed as a letter, not as a motion. On the day the motion is fully briefed, the movant shall electronically file all of the parties' motion papers. Separate docket entries should be used for each party's papers and a separate docket entry should be used for any reply brief. During the conference, Defendant indicated that it intended to move to stay discovery. Defendant shall file a motion to stay discovery by March 15, 2024. Plaintiff shall file a response to Defendant's motion to stay discovery by March 22, 2024. This motion shall be addressed to Magistrate Judge Marutollo. Plaintiff intends to file a motion to toll the period for FLSA conditional class certification. Plaintiff shall file that motion by March 15, 2024. Defendant shall file a response by March 22, 2024. This motion shall also be addressed to Magistrate Judge Marutollo. (FTR Log #4:37-4:57.) (EG) |
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ORDER - In light of Plaintiff's position #14 , in which Plaintiff does not oppose Defendant's contemplated motion to strike Exhibit 1 to Plaintiff's Complaint #11 , the Court strikes Exhibit 1 to Plaintiff's Complaint from the docket. The Clerk of Court is directed to strike Exhibit 1 to Plaintiff's Complaint (Dkt. No. 1 at page 13) from the docket. While Dkt. No. 11 is now moot, the parties shall still be prepared to discuss Defendnat's anticipated motion #10 at the March 11, 2024 conference.Ordered by Magistrate Judge Joseph A. Marutollo on 3/9/2024. (Marutollo, Joseph)
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| Filing 14 Letter response to Defendants' second pre-motion conference request by Mala Sharma (Wims, David) |
| Filing 13 Letter response to Defendants' pre-motion conference request by Mala Sharma (Wims, David) |
| Filing 12 NOTICE of Appearance by Joseph Gusmano on behalf of Open Door NY Home Care Services, Inc. (aty to be noticed) (Gusmano, Joseph) |
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ORDER granting #10 Motion for Pre Motion Conference; granting #11 Motion for Pre Motion Conference. Plaintiff shall respond to Defendants' pre-motion conference letters #10 #11 by February 29, 2024. A pre-motion conference is scheduled for March 11, 2024 at 4:30 p.m. before Magistrate Judge Marutollo in Courtroom 324 North. Ordered by Magistrate Judge Joseph A. Marutollo on 2/23/2024. (JAM)
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ORDER REFERRING MOTIONS: #10 MOTION for pre motion conference re #1 Complaint to Move to Dismiss Plaintiff's Complaint in its Entirety, #11 MOTION for pre motion conference re #1 Complaint to Strike Plaintiff's Exhibit 1 to the Complaint filed by Open Door NY Home Care Services, Inc. respectfully referred to Magistrate Judge Joseph A. Marutollo. Ordered by Judge Diane Gujarati on 2/23/2024. (AD)
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| Filing 11 MOTION for pre motion conference re #1 Complaint to Strike Plaintiff's Exhibit 1 to the Complaint by Open Door NY Home Care Services, Inc.. (Capobianco, Matthew) |
| Filing 10 MOTION for pre motion conference re #1 Complaint to Move to Dismiss Plaintiff's Complaint in its Entirety by Open Door NY Home Care Services, Inc.. (Capobianco, Matthew) |
| Filing 9 NOTICE of Appearance by Matthew R. Capobianco on behalf of Open Door NY Home Care Services, Inc. (aty to be noticed) (Capobianco, Matthew) |
| Filing 8 SUMMONS Returned Executed by Mala Sharma. Open Door NY Home Care Services, Inc. served on 1/30/2024, answer due 2/20/2024. (Wims, David) |
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Filing 7
SCHEDULING ORDER: An in-person initial conference will be held on April 9, 2024 at 3:30 p.m. in Courtroom 324 North before Magistrate Judge Joseph A. Marutollo. The parties must complete the attached proposed Discovery Plan and Scheduling Order and file it on ECF no later than April 4, 2024. Plaintiff is directed to ensure that all Defendants are aware of this conference. Counsel with knowledge of the case must attend the conference; per diem counsel may not appear without prior permission of the Court. The parties are directed to review this Court's Individual Practices and Rules in advance of the conference. Ordered by Magistrate Judge Joseph A. Marutollo on 1/24/2024. (Attachments: #1 Individual Practices and Rules) (EG)
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| Filing 6 Summons Issued as to Open Door NY Home Care Services, Inc.. (AF) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (AF) |
| Filing 4 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (AF) |
| Filing 3 Proposed Summons. Re #1 Complaint by Mala Sharma (Wims, David) |
| Filing 2 Civil Cover Sheet.. Re #1 Complaint by Mala Sharma (Wims, David) |
| Filing 1 COMPLAINT against Open Door NY Home Care Services, Inc. filing fee $ 405, receipt number ANYEDC-17490963 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Mala Sharma. (Wims, David) (Main Document 1 replaced on 3/11/2024) See order dated 03/09/2024 (EG). |
| Case Assigned to Judge Diane Gujarati and Magistrate Judge Joseph A. Marutollo. 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. (AF) |
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| Plaintiff: Mala Sharma | |
| Represented By: | David C. Wims |
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| Defendant: Open Door NY Home Care Services, Inc. | |
| Represented By: | Matthew R. Capobianco |
| Represented By: | Joseph Gusmano |
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