Scarpinato v. East Hampton Point Management Corp. et al
| Caroline Scarpinato |
| East Hampton Point Management Corp., d/b/a East Hampton Point, Bernard Krupinski and Lawrence Dunst |
| 2:2012cv03681 |
| July 25, 2012 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joseph F Bianco |
| Gary R Brown, MJ |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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| Filing 40 JUDGMENT : ORDERED AND ADJUDGED that plaintiff take nothing of defendants; that summary judgment is granted on the Fair Labor Standards Act claim, the overtime claim under New York State Labor Law, and the unjust enrichment/ quantum meruit claim; that the unpaid commissions claim under New York State Law is dismissed without prejudice; and that this case is hereby closed. (Bollbach, Jean) |
Filing 39
ORDER ADOPTING REPORT AND RECOMMENDATIONS. Having conducted a review of the full record and the applicable law, and having reviewed the Report and Recommendation for clear error, the Court adopts the findings and recommendations contained in the well-reasoned and thorough Report and Recommendation in their entirety and, therefore, grants summary judgment on the FLSA claim, the overtime claim under New York Labor Law, and the unjust enrichment/quantum meruit claim. The Court declines to exercise supplemental jurisdiction over the unpaid commissions claim under New York State law, and thus dismisses that claim without prejudice. Even under a de novo standard, the court adopts the Report and Recommendation in its entirety. The Clerk of the Court shall enter judgment accordingly and close this case. SO ORDERED. Ordered by Judge Joseph F. Bianco on 9/13/2013. (O'Donnell, Kaitlin)
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Filing 38
REPORT AND RECOMMENDATIONS re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Lawrence Dunst, Bernard Krupinski, East Hampton Point Management Corp.,, #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Memorandum of Law MOTION to Dismiss for Lack of Jurisdiction MOTION for Summary Judgment filed by Lawrence Dunst, Bernard Krupinski, East Hampton Point Management Corp.,, #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction MOTION for Summary Judgment filed by Lawrence Dunst, Bernard Krupinski, East Hampton Point Management Corp. For the reasons set forth in the attached report and recommendations, it is respectfully recommended that defendants motion todismiss and/or for summary judgment be granted in its entirety, and this matter dismissed. Any objections must be filed within fourteen (14) days. Ordered by Magistrate Judge Gary R. Brown on 8/23/2013. (Buehler, Brian) c/m to all parties 8/23/2013 (Buehler, Brian)
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| Filing 37 RESPONSE to Discovery Request by Lawrence Dunst, East Hampton Point Management Corp.,, Bernard Krupinski. (Lynn, Robert) |
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ELECTRONIC SCHEDULING ORDER: re #37 Response to Discovery filed by Lawrence Dunst, Bernard Krupinski, East Hampton Point Management Corp. Application to extend the deadline for the completion of all discovery to November 1, 2013 GRANTED. Ordered by Magistrate Judge Gary R. Brown on 8/15/2013. (Buehler, Brian)
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| Filing 36 Minute Entry for proceedings held before Magistrate Judge Gary R. Brown: Counsel present. Status Conference held on 7/15/2013. (Brienza, Lauren) |
| Filing 35 Letter MOTION to Adjourn Conference by Caroline Scarpinato. (Zabell, Saul) |
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ELECTRONIC ORDER granting #35 Motion to Adjourn Conference. The status conference scheduled for June 25, 2013 is hereby ADJOURNED to July 15 at 2:30 PM. Ordered by Magistrate Judge Gary R. Brown on 6/21/2013. (Buehler, Brian)
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SCHEDULING ORDER: Due to a conflict in the Court's calendar, the status conference scheduled on 6/25/2013 at 11:00 AM is ADJOURNED to 12:30 PM. Ordered by Magistrate Judge Gary R. Brown on 6/14/2013. (Brienza, Lauren)
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ELECTRONIC ORDER denying #32 Motion to Compel, for failure to comply with the requirement to meet and confer after the dispute arose. Ordered by Magistrate Judge Gary R. Brown on 5/17/2013. (Buehler, Brian)
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SCHEDULING ORDER: Due to a change in the Court's calendar, the status conference scheduled on 7/1/2013 at 11:30 is ADVANCED to 6/25/2013 at 11:00 AM. Ordered by Magistrate Judge Gary R. Brown on 5/16/2013. (Brienza, Lauren)
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| Filing 34 REPLY in Support re #32 MOTION to Compel Production of Documents filed by Lawrence Dunst, East Hampton Point Management Corp.,, Bernard Krupinski. (Lynn, Robert) |
| Filing 33 RESPONSE to Motion re #32 MOTION to Compel Production of Documents filed by Caroline Scarpinato. (Attachments: #1 Exhibit A) (Zabell, Saul) |
| Filing 32 MOTION to Compel Production of Documents by Lawrence Dunst, East Hampton Point Management Corp.,, Bernard Krupinski. (Attachments: #1 Exhibit Ex A, #2 Exhibit Ex B, #3 Exhibit Ex C) (Lynn, Robert) |
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Filing 31
ORDER REFERRING MOTION: #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Lawrence Dunst, Bernard Krupinski, East Hampton Point Management Corp.,, #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Memorandum of Law MOTION to Dismiss for Lack of Jurisdiction MOTION for Summary Judgment filed by Lawrence Dunst, Bernard Krupinski, East Hampton Point Management Corp.,, #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction MOTION for Summary Judgment filed by Lawrence Dunst, Bernard Krupinski, East Hampton Point Management Corp.,. Ordered by Judge Joseph F. Bianco on 4/11/13. Motions referred to Gary R. Brown. (Bollbach, Jean) Modified on 5/1/2013 (Bollbach, Jean).
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| Filing 30 REPLY in Support of motions to dismiss and/or for summary judgment filed by All Defendants. (Lynn, Robert) |
| Filing 29 AFFIDAVIT/DECLARATION in Opposition re #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction MOTION for Summary Judgment filed by Caroline Scarpinato. (Zabell, Saul) |
| Filing 28 MEMORANDUM in Opposition to Defendants' Motion to Dismiss and Summary Judgment filed by Caroline Scarpinato. (Zabell, Saul) |
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ELECTRONIC ORDER denying #26 Motion for Protective Order. Defendants shall produce all responsive documents in their possession forthwith, with leave to supplement such production as additional documents are found. Ordered by Magistrate Judge Gary R. Brown on 3/6/2013. (Buehler, Brian)
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| Filing 27 RESPONSE in Opposition re #26 First MOTION for Protective Order , RESPONSE to Motion re #26 First MOTION for Protective Order filed by Caroline Scarpinato. (Zabell, Saul) |
| Filing 26 First MOTION for Protective Order by Lawrence Dunst, East Hampton Point Management Corp.,, Bernard Krupinski. (Lynn, Robert) |
| Filing 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Memorandum of Law, MOTION to Dismiss for Lack of Jurisdiction ( Responses due by 3/8/2013), MOTION for Summary Judgment ( Responses due by 3/8/2013) by Lawrence Dunst, East Hampton Point Management Corp.,, Bernard Krupinski. (Lynn, Robert) |
| Filing 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction ( Responses due by 3/8/2013), MOTION for Summary Judgment ( Responses due by 3/8/2013) by Lawrence Dunst, East Hampton Point Management Corp.,, Bernard Krupinski. (Attachments: #1 Declaration, #2 Affidavit Affidavit Ben Krupinski, #3 Affidavit Affidavit of Michael Capoferri, #4 Affidavit Affidavit of Robert White, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10, #15 Exhibit 11, #16 Exhibit 12, #17 Exhibit 13, #18 Exhibit 14, #19 Exhibit 15, #20 Exhibit 16, #21 Exhibit 17) (Lynn, Robert) |
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Filing 23
SCHEDULING ORDER: Discovery deadlines have been set. See order for details. Status Conference set for 7/1/2013 at 11:30 AM before Magistrate Judge Gary R. Brown. Ordered by Magistrate Judge Gary R. Brown on 2/1/2013. (Brienza, Lauren)
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| Filing 22 Minute Entry for proceedings held before Magistrate Judge Gary R. Brown: Counsel present. Initial Conference Hearing held on 2/1/2013. Scheduling order entered. (Brienza, Lauren) |
| Filing 21 Proposed Scheduling Order by Lawrence Dunst, East Hampton Point Management Corp.,, Bernard Krupinski, Caroline Scarpinato (Zabell, Saul) |
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Filing 20
ORDER: An initial conference is scheduled on 2/1/2013. See order and attachment. Ordered by Magistrate Judge Gary R. Brown on 1/11/2013. (Attachments: #1 GRB Individual Rules) (Brienza, Lauren)
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| Filing 19 Minute Entry for proceedings held before Judge Joseph F. Bianco:Telephone pre motion Conference held on 1/9/2013 - case to be referred to M.J. Brown for discovery. Motion to be filed by 2/8/13; response by 3/8/13; reply by 3/22/13 (Tape #ftr 11:51 - 12:00.) (Bollbach, Jean) (Main Document 19 replaced on 1/9/2013) (Bollbach, Jean). |
| Filing 18 RESPONSE in Opposition re #17 Letter MOTION for pre motion conference filed by Caroline Scarpinato. (Zabell, Saul) |
| Filing 17 Letter MOTION for pre motion conference by Lawrence Dunst, East Hampton Point Management Corp.,, Bernard Krupinski. (Gartner, Kenneth) |
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ORDER granting #17 Motion for Pre Motion Conference: SCHEDULING ORDER: By letter dated December 26, 2012, defendants request a pre-motion conference in anticipation of moving to dismiss, moving for summary judgment, and moving for sanctions. IT IS HEREBY ORDERED that the parties shall participate in a telephone pre-motion conference on Wednesday, January 9, 2013 at 11:30 a.m. At that time, counsel for defendants shall initiate the call and, once all parties are on the line, shall contact Chambers at (631) 712 5670. Prior to the date of the conference, plaintiff may submit a letter pursuant to Individual Rule III.A explaining why the proposed motion is likely to be unsuccessful. SO ORDERED. Ordered by Judge Joseph F. Bianco on 12/26/2012. (Pilmar, Philip). Ordered by Judge Joseph F. Bianco on 12/26/2012. (Pilmar, Philip)
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| Filing 16 AMENDED COMPLAINT by Caroline Scarpinato against All Defendants, filed by Caroline Scarpinato. (Zabell, Saul) |
| Filing 15 Minute Entry for proceedings held before Judge Joseph F. Bianco:Oral Argument held on 12/13/2012 - proposed amended complaint to be filed by 12/24/12. Letter response by 1/7/13 (Tape #ftr 3:35 - 3:56.) (Bollbach, Jean) |
| Filing 14 Letter MOTION to Adjourn Conference to a later time by Caroline Scarpinato. (Zabell, Saul) |
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ORDER granting #14 Motion to Adjourn Conference to a Later Time. By letter dated December 7, 2012, counsel for the plaintiff, with defendant's consent, requests that the oral argument scheduled for Thursday, December 13, be adjourned to a later time that same day. IT IS HEREBY ORDERED that the oral argument is rescheduled for December 13, 2012 at 3:30 p.m. SO ORDERED. Ordered by Judge Joseph F. Bianco on 12/7/2012. (O'Donnell, Kaitlin) Modified on 12/7/2012 (Mahon, Cinthia).
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SCHEDULING ORDER: Due to a conflict in the Court's calendar, IT IS HEREBY ORDERED that the oral argument scheduled for December 7, 2012 at 4:30 p.m. is adjourned until December 13, 2012 at 2:00 p.m. SO ORDERED. Ordered by Judge Joseph F. Bianco on 12/6/2012. (O'Donnell, Kaitlin)
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| Filing 13 REPLY in Support Affirmation of Kenneth L. Gartner filed by All Defendants. (Attachments: #1 Affidavit Reply Affidavit of Bernard Krupinski, #2 Exhibit Exhibits 1-5 to Reply Affirmation and Reply Affidavit) (Gartner, Kenneth) |
| Filing 12 MEMORANDUM in Support of Motion to Dismiss filed by All Defendants. (Gartner, Kenneth) |
| Filing 11 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 8/22/2012, before Judge Joseph F. Bianco. Transcriber Transcriptions Plus II, Inc., Telephone number 718-987-4285. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/26/2012. Redacted Transcript Deadline set for 11/5/2012. Release of Transcript Restriction set for 1/3/2013. (Russo, Eric) |
| Filing 10 MEMORANDUM in Opposition re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Caroline Scarpinato. (Attachments: #1 Affidavit of Caroline Scarpinato in Support of Plaintiff's Opposition to Defendants' motion to dismiss) (Zabell, Saul) |
| Filing 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction ( Responses due by 10/5/2012) by Lawrence Dunst, East Hampton Point Management Corp.,, Bernard Krupinski. (Attachments: #1 Declaration Attorney Affirmation in Support of Motion to Dismiss, #2 Affidavit in Support, #3 Memorandum in Support, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4) (Gartner, Kenneth) |
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ELECTRONIC ORDER denying #8 Motion for Discovery. Plaintiff's application to schedule an initial conference is denied. Ordered by Magistrate Judge Gary R. Brown on 9/5/2012. (Buehler, Brian)
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| Filing 8 Letter MOTION for Discovery requesting an Initial Conference or Permission to Serve Discovery prior to Initial Conference by Caroline Scarpinato. (Zabell, Saul) |
| Filing 7 Minute Entry for proceedings held before Judge Joseph F. Bianco:Telephone pre motion Conference held on 8/22/2012 - motion to be file dby 9/5/12; response by 10/5/12; reply by 10/19/12; oral argument 12/6/12 at 4:30 pm (Tape #ftr 11:56 - 12:11.) (Bollbach, Jean) |
| Filing 6 Letter opposing Defendants' request for a pre-motion conference to file a motion to dismiss or a motion for summary judgment by Caroline Scarpinato, Mail receipt (Zabell, Saul) |
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SCHEDULING ORDER: IT IS HEREBY ORDERED that the pre-motion conference scheduled for Tuesday, August 21, 2012 is adjourned to Wednesday, August 22, 2012 at 11:30 a.m. SO ORDERED. Ordered by Judge Joseph F. Bianco on 8/17/2012. (O'Neil, Jacquelyn)
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SCHEDULING ORDER: The Court has received defendants' letter dated August 13, 2012 requesting a pre-motion conference in anticipation of their motion to dismiss or, in the alternative, motion for summary judgment. IT IS HEREBY ORDERED that the parties shall participate in a telephone pre-motion conference on Tuesday, August 21, 2012, at 1:00 p.m. At that time, counsel for the defendants shall initiate the call and, once all parties are on the line, contact Chambers at 631-712-5670. Prior to the date of the conference, the plaintiff may submit a letter pursuant to Individual Rule III.A explaining why the proposed motion is likely to be unsuccessful. SO ORDERED. Ordered by Judge Joseph F. Bianco on 8/14/2012. (O'Neil, Jacquelyn)
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| Filing 5 NOTICE of Appearance by Kenneth Lawrence Gartner on behalf of All Defendants (aty to be noticed) (Gartner, Kenneth) |
| Filing 4 Letter Request for Pre-Motion Conference by Lawrence Dunst, East Hampton Point Management Corp.,, Bernard Krupinski (Gartner, Kenneth) |
| Filing 3 WAIVER OF SERVICE Returned Executed by Caroline Scarpinato. All Defendants. (Zabell, Saul) |
| Filing 2 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. (Danisi, Cristine) |
| Filing 1 COMPLAINT against Lawrence Dunst, East Hampton Point Management Corp.,, Bernard Krupinski Disclosure Statement on Civil Cover Sheet completed -No,, filed by Caroline Scarpinato. (Attachments: #1 Civil Cover Sheet) (Danisi, Cristine) |
| Summons Issued as to All Defendants. (Danisi, Cristine) |
| Case Ineligible for Arbitration (Bollbach, Jean) |
| FILING FEE: $ 350.00, receipt number 10219 (Danisi, Cristine) |
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