Balzekas IV v. Boxart Inc. et al
| Stanley Visaris Balzekas IV |
| Dennis Fisher and Boxart Inc. |
| 1:2024cv07229 |
| October 15, 2024 |
| U.S. District Court for the Eastern District of New York |
| Hector Gonzalez |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 24, 2024. A more recent docket listing may be available from PACER.
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| Filing 6 Letter confirming there is no settlement between the Parties by Stanley Visaris Balzekas IV (Kumar, Amit) |
ORDER DISMISSING CASE: Plaintiff has confirmed that there is no settlement in this case. See ECF No. #6 . As the Court explained in yesterday's second Order, no Cheeks review is thus required, and the Court dismisses the case pursuant to Plaintiff's notice of voluntary dismissal. See ECF No. #5 . For the avoidance of doubt, the notice of dismissal is not effective as to any other members of the putative class because no class has been certified, nor has Plaintiff sought to certify a class for the purposes of settlement only. See Fed. R. Civ. P. 23(e). Ordered by Judge Hector Gonzalez on 10/24/2024. (PN)
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| Filing 5 NOTICE of Voluntary Dismissal by Stanley Visaris Balzekas IV without prejudice against all defendants (Kumar, Amit) |
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ORDER: Pursuant to Plaintiff's notice of voluntary dismissal, this case is dismissed without prejudice as to Defendants and this case is closed. See ECF No. #5 . For the avoidance of doubt, the notice of dismissal is not effective as to any other members of the putative class because no class has been certified, nor has Plaintiff sought to certify a class for the purposes of settlement only. See Fed. R. Civ. P. 23(e). Ordered by Judge Hector Gonzalez on 10/23/2024. (PN)
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ORDER REOPENING CASE: Earlier today, the Court entered an Order dismissing this case pursuant to Plaintiff's notice of voluntary dismissal. See Oct. 23, 2024, Text Order. However, as the Second Circuit made clear in Samake v. Thunder Lube, Inc., 24 F.4th 804, 810 (2d Cir. 2022), the Fair Labor Standards Act "extends Cheeks to all dismissal under Rule 41(a)(1)(A)." The Court therefore VACATES its Order dismissing the case and REOPENS this case. On or before October 30, 2024, Plaintiff is directed to file a letter confirming whether the stipulation of dismissal was filed pursuant to a settlement. If no settlement exists, the Court will again order the dismissal of this case pursuant to Plaintiff's notice of voluntary dismissal. See id. at 811. However, if Plaintiff has reached a settlement, then Plaintiff's letter shall either provide a copy of the settlement and enough information for the Court to conduct the fairness review required by Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), or, alternatively, propose a date by which Plaintiff intends to file an accepted offer of judgment that complies with Rule 68, in which case no Cheeks review is required. See Mei Xing Yu v. Hasaki Rest., Inc., 944 F.3d 395, 398 (2d Cir. 2019). Ordered by Judge Hector Gonzalez on 10/23/2024. (RCM)
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| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) |
| Filing 3 Summons Issued as to Boxart Inc., Dennis Fisher. (CV) |
| Filing 2 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 (CV) |
| 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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ORDER: Plaintiff shall file a letter no longer than three pages on or before November 5, 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 10/16/2024. (PN)
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| Filing 1 COMPLAINT against Boxart Inc., Dennis Fisher filing fee $ 405, receipt number ANYEDC-18387623 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Stanley Visaris Balzekas IV. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Kumar, Amit) |
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