Perez v. Auto Magic Collision Inc et al
| Jose Perez |
| Auto Magic Collision Inc and Steven Hagerman |
| 1:2024cv00724 |
| February 1, 2024 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Cheryl L Pollak |
| 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 20, 2024. A more recent docket listing may be available from PACER.
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| Filing 16 CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge Cheryl L. Pollak for all further proceedings. Judge Hector Gonzalez no longer assigned to case. Please download and review the Individual Practices of the assigned Judge, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (PN) |
| Filing 15 CONSENT to Jurisdiction by US Magistrate Judge by Jose Perez. (Stillman, Lina) |
ORDER: On March 3, 2024, the Court directed Plaintiff to file his amended complaint on or before March 18, 2024. Plaintiff did not file his amended complaint on that date. If Plaintiff still intends to file an amended complaint, he shall do so on or before March 20, 2024, at 5:00 PM. The other deadlines set in the Court's March 3, 2024, Order remain the same. If Plaintiff does not file an amended complaint, Defendants do not need to file the anticipated short letter indicating whether they intend to move to dismiss Plaintiff's amended complaint on or before March 25, 2024, and can instead move forward with the briefing schedule set out in the Courts March 3, 2024, Order.The parties are reminded that their completed civil case management plan and joint letter must be filed on or before March 20, 2024, as set forth in the Courts scheduling Order. See ECF No. #9 . Ordered by Judge Hector Gonzalez on 3/19/2024. (ICP)
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ORDER: The Court grants Plaintiff's request for leave to file an amended complaint, see ECF No. #14 , 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 March 18, 2024. Defendants shall file a short letter on or before March 25, 2024, 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 April 17, 2024. Plaintiff shall file opposition papers on or before May 17, 2024, and Defendants shall file reply papers on or before May 31, 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 3/3/2024. (ICP)
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| Filing 14 REPLY in Opposition re #13 Letter MOTION for pre motion conference Regarding Defendants' Anticipated Motion to Dismiss Pursuant to Fed. R. Civ. P. 12, Status Report Order, filed by Jose Perez. (Stillman, Lina) |
| Filing 13 Letter MOTION for pre motion conference Regarding Defendants' Anticipated Motion to Dismiss Pursuant to Fed. R. Civ. P. 12 by Auto Magic Collision Inc, Steven Hagerman. (Shillito, Nils) |
| Filing 12 Corporate Disclosure Statement by Auto Magic Collision Inc (Shillito, Nils) |
| Filing 11 NOTICE of Appearance by Nils C. Shillito on behalf of All Defendants (aty to be noticed) (Shillito, Nils) |
| Filing 10 NOTICE of Appearance by Stephen D. Hans on behalf of All Defendants (aty to be noticed) (Hans, Stephen) |
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ORDER: Defendants have 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 March 6, 2024, which shall address whether Plaintiff believes the complaint can be amended to address the issues raised in Defendants' letter. Ordered by Judge Hector Gonzalez on 2/28/2024. (ICP)
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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 March 20, 2024, 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' deadline 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 to set a discovery schedule. Ordered by Judge Hector Gonzalez on 2/14/2024. (ICP)
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| Filing 8 SUMMONS Returned Executed by Jose Perez. Auto Magic Collision Inc served on 2/7/2023, answer due 2/28/2023. (Stillman, Lina) |
| Filing 7 SUMMONS Returned Executed by Jose Perez. Steven Hagerman served on 2/7/2023, answer due 2/28/2023. (Stillman, Lina) |
| Filing 6 Summons Issued as to Auto Magic Collision Inc, Steven Hagerman. (KD) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| 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 (KD) |
| Filing 3 Proposed Summons. by Jose Perez (Stillman, Lina) |
| Filing 2 Civil Cover Sheet.. by Jose Perez (Stillman, Lina) |
| Filing 1 COMPLAINT against Auto Magic Collision Inc, Steven Hagerman filing fee $ 405, receipt number ANYEDC-17524397 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Jose Perez. (Stillman, Lina) |
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ORDER: Plaintiff shall file a letter no longer than three pages on or before February 22, 2024, 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 2/1/2024. (ICP)
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ORDER: The Court hereby strikes the document titled "Case Management Statement" that Plaintiff's counsel mistakenly filed earlier today. The document appears to relate to a different case (Docket No. 23-cv-06567) that is not in front of Judge Gonzalez. Ordered by Judge Hector Gonzalez on 2/1/2024. (PN)
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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) |
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