Moreira et al v. Sherwood Nursery Inc. et al
| Martin Cisneros, Roberto Contreras, Fredis Gomez, Cesar Moreira, Luis M. Ramirez and Moreira |
| Main Street Nursery, Main Street Nursery, Florist and Landscaping, Richard McKean, Robert McKean, Sherwood Landscaping Inc., Sherwood Nursery Inc. and Sherwood Nursery Inc |
| 2:2013cv02640 |
| May 1, 2013 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| A Kathleen Tomlinson |
| 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 April 6, 2015. A more recent docket listing may be available from PACER.
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| Filing 88 MOTION to Compel by Martin Cisneros, Roberto Contreras, Fredis Gomez, Cesar Moreira, Luis M. Ramirez. (Attachments: #1 Exhibit deposition notices, #2 Exhibit deposition notices) (Melendez, Delvis) |
Filing 87
ORDER granting #59 Motion to Certify Class. SEE ATTACHED ORDER for details. Ordered by Magistrate Judge A. Kathleen Tomlinson on 3/31/2015. (Ryan, Mary)
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ORDER re #86 Letter filed by Cesar Moreira, Fredis Gomez, Luis M. Ramirez, Roberto Contreras, Martin Cisneros, #85 Letter filed by Richard McKean, Main Street Nursery, Florist and Landscaping, Main Street Nursery. The Court has reviewed the parties' recent submissions. The Court will not schedule a settlement conference based on a unilateral request by one party. Since the parties here have not agreed to hold a settlement conference, the Court respectfully declines to schedule one and will proceed with consideration of the motion for class certification. Ordered by Magistrate Judge A. Kathleen Tomlinson on 2/26/2015. (Kandel, Erin)
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| Filing 86 Letter by Martin Cisneros, Roberto Contreras, Fredis Gomez, Cesar Moreira, Luis M. Ramirez (Melendez, Delvis) |
| Filing 85 Letter to Hon. A. Kathleen Thomlinson re: Settlement Conference by Main Street Nursery, Main Street Nursery, Florist and Landscaping, Richard McKean (Meyer, Jeffery) |
| Filing 84 Letter by Martin Cisneros, Roberto Contreras, Fredis Gomez, Cesar Moreira, Luis M. Ramirez (Melendez, Delvis) |
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Filing 83
ORDER. SEE ATTACHED ORDER for details. Ordered by Magistrate Judge A. Kathleen Tomlinson on 1/8/2015. (Kandel, Erin)
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Filing 82
CONSENT to Jurisdiction by US Magistrate Judge by all plaintiffs and defendants. Case reassigned to Magistrate Judge A. Kathleen Tomlinson. Ordered by Judge Joanna Seybert on 12/30/14. c/m by ecf. (Mahon, Cinthia)
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ORDER granting #80 Motion for Extension of Time to Complete Discovery. The deadline for the completion of discovery is hereby adjourned to February 12, 2015. Ordered by Magistrate Judge A. Kathleen Tomlinson on 12/29/2014. (Kandel, Erin)
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| Filing 81 CONSENT to Jurisdiction by US Magistrate Judge by Main Street Nursery, Richard McKean, Robert McKean, Sherwood Landscaping Inc.. (Tauster, David) |
| Filing 80 Letter MOTION for Extension of Time to Complete Discovery to 2/12/2015 by Main Street Nursery, Main Street Nursery, Florist and Landscaping, Richard McKean. (Tauster, David) |
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Filing 79
ORDER: Attorney Jeffrey A. Meyer Esq added for defts. The clerk of court is directed to terminate Milber Makiss as attyorneys for defts. Ordered by Judge Joanna Seybert on 12/8/2014. (Bollbach, Jean)
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Filing 78
ORDER re #77 Notice of Consent to Change Attorney filed by Robert McKean, Sherwood Landscaping Inc., Richard McKean, Main Street Nursery. Attorney Christo Hadjicharalambous terminated. Attorney Jeffery A. Meyer added. Ordered by Magistrate Judge A. Kathleen Tomlinson on 12/8/2014. (Ryan, Mary)
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| Filing 77 NOTICE of Consent to Change Attorney by David Adam Tauster (Tauster, David) |
| Filing 76 NOTICE of Appearance by David Adam Tauster on behalf of All Defendants (aty to be noticed) (Tauster, David) |
| Filing 75 NOTICE of Appearance by Jeffery A. Meyer on behalf of All Defendants (aty to be noticed) (Meyer, Jeffery) |
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Filing 74
STIPULATION AND ORDER re #73 Stipulation conceding liability for impermissable payroll deductions filed by Cesar Moreira, Fredis Gomez, Luis M. Ramirez, Roberto Contreras, Martin Cisneros. Ordered by Magistrate Judge A. Kathleen Tomlinson on 11/18/2014. (Ryan, Mary)
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| Filing 73 STIPULATION conceding liability for impermissable payroll deductions by Martin Cisneros, Roberto Contreras, Fredis Gomez, Cesar Moreira, Luis M. Ramirez (Melendez, Delvis) |
| Filing 72 Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Status Conference held on 11/10/2014. Pre-Trial Conference will be held on May 7, 2015 at 2:30 p.m. SEE ATTACHED ORDER for details. (Kandel, Erin) |
| Filing 71 ANSWER to #70 Amended Complaint, (Second Amended Complaint) by Main Street Nursery, Robert McKean, Sherwood Landscaping Inc.. (Attachments: #1 Certificate of Service) (Hadjicharalambous, Christo) |
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SCHEDULING ORDER: In light of Judge Seybert's September 16, 2014 Memorandum and Order, the parties are directed to appear for a Status Conference on November 10, 2014 at 9:30 a.m. Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/22/2014. (Lanin, Debbie)
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| Filing 70 AMENDED COMPLAINT (pursuant to #69 Memorandum & Order) against Main Street Nursery, Robert McKean, Sherwood Landscaping Inc., Richard McKean, filed by Martin Cisneros, Luis M. Ramirez, Roberto Contreras, Cesar Moreira, Fredis Gomez. (Valle, Christine) |
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Filing 69
MEMORANDUM & ORDER granting #51 Motion to Amend/Correct/Supplement; denying #24 Motion to Dismiss for Failure to State a Claim; denying #24 Motion to Dismiss for Lack of Jurisdiction; For the foregoing reasons, Defendants' motion to dismiss (Docket Entry 24) is DENIED and Plaintiffs' motion for leave to amend the Amended Complaint (Docket Entry 51) is GRANTED. The Clerk of the Court is directed to docket the Proposed Second Amended Complaint (Docket Entry 51-8) as the operative complaint. However, the Second Amended Complaint remains operative only to the extent that it is consistent with the Court's rulings herein. So Ordered by Judge Joanna Seybert on 9/16/2014. C/ECF (Valle, Christine)
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ORDER: Plaintiffs' letter motion #66 is extinguished as moot given the Court's August 1, 2014 Order. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/4/2014. (Lanin, Debbie)
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| Filing 68 REPLY in Support re #66 Letter MOTION for Hearing (Settlement Conference) filed by Main Street Nursery, Robert McKean, Sherwood Landscaping Inc.. (Hadjicharalambous, Christo) |
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ORDER: The Court is in receipt of the parties letters. DE #66 - #68 . At this juncture, the Court does not believe that both sides are prepared to enter into a good faith settlement negotiation. To the extent plaintiffs' counsel had made a proposal, the parties are directed to meet and confer pursuant to Local Rule 37.3. The Court will not intervene absent a formal request by both sides to do so. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/1/2014. (Lanin, Debbie)
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| Filing 67 RESPONSE to Motion re #66 Letter MOTION for Hearing (Settlement Conference) filed by Martin Cisneros, Roberto Contreras, Fredis Gomez, Cesar Moreira, Luis M. Ramirez. (Melendez, Delvis) |
| Filing 66 Letter MOTION for Hearing (Settlement Conference) by Main Street Nursery, Robert McKean, Sherwood Landscaping Inc.. (Hadjicharalambous, Christo) |
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ORDER re #63 : In looking at plaintiffs' motion to compel and the response from defendants' counsel, it appears that defendants have supplemented their production and provided the information plaintiffs are seeking. If this is the case, the Court denies plaintiffs' motion as moot and denies plaintiffs' motion for sanctions. If this is not the case, plaintiffs' counsel needs to provide the Court with a specific list of exactly what she contends is still missing by August 1, 2014. Ordered by Magistrate Judge A. Kathleen Tomlinson on 7/24/2014. (Lanin, Debbie)
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ORDER: The Court is extinguishing #64 as moot as previously granted by this Court's July 9, 2014 Order. Ordered by Magistrate Judge A. Kathleen Tomlinson on 7/24/2014. (Lanin, Debbie)
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| Filing 65 RESPONSE in Opposition re #63 MOTION to Compel filed by Main Street Nursery, Robert McKean, Sherwood Landscaping Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate of Service) (Hadjicharalambous, Christo) |
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ORDER granting #64 Motion for Extension of Time to File Response/Reply. Defendants' request for a 1-day extension to respond to plaintif's motion to compel is GRANTED. Ordered by Magistrate Judge A. Kathleen Tomlinson on 7/9/2014. (Lanin, Debbie)
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| Filing 64 MOTION to Compel , Letter MOTION for Extension of Time to File Response/Reply as to #63 MOTION to Compel by Main Street Nursery, Robert McKean, Sherwood Landscaping Inc.. (Hadjicharalambous, Christo) |
| Filing 63 MOTION to Compel by Martin Cisneros, Roberto Contreras, Fredis Gomez, Cesar Moreira, Luis M. Ramirez. (Attachments: #1 Exhibit, #2 Exhibit) (Melendez, Delvis) |
| Filing 62 MEMORANDUM in Support filed by Martin Cisneros, Roberto Contreras, Fredis Gomez, Cesar Moreira, Luis M. Ramirez. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit) (Melendez, Delvis) |
| Filing 61 MEMORANDUM in Opposition re #59 MOTION to Certify Class , AFFIDAVIT/DECLARATION in Opposition re #59 MOTION to Certify Class , #60 MOTION for Extension of Time to File Response/Reply as to #59 MOTION to Certify Class filed by Main Street Nursery, Robert McKean, Sherwood Landscaping Inc.. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Certificate of Service) (Hadjicharalambous, Christo) |
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ELECTRONIC ORDER granting #60 Motion for Extension of Time to File Response/Reply. On consent, Defendants' request for an extension of time to oppose Plaintiffs' motion for class certification is GRANTED. Defendants shall file an opposition on or before June 23, 2014. Plaintiffs shall file a reply, if any, on or before June 30, 2014. Ordered by Judge Joanna Seybert on 6/18/2014. (Mascia, Raymond)
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| Filing 60 MOTION for Extension of Time to File Response/Reply as to #59 MOTION to Certify Class by Main Street Nursery, Robert McKean, Sherwood Landscaping Inc.. (Hadjicharalambous, Christo) |
| Filing 59 MOTION to Certify Class by Martin Cisneros, Roberto Contreras, Fredis Gomez, Cesar Moreira, Luis M. Ramirez. Responses due by 6/13/2014 (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Notice of Motion) (Melendez, Delvis) |
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ORDER denying #57 Motion: In light of the case law cited and the representations of counsel in plaintiffs' May 19, 2014 letter [DE 58], the Court denies defendants' motion and grants plaintiffs' request for a 90-day opt-in period. Ordered by Magistrate Judge A. Kathleen Tomlinson on 5/20/2014. (Lanin, Debbie)
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| Filing 58 RESPONSE to Motion re #57 First MOTION for Order to Show Cause filed by Martin Cisneros, Roberto Contreras, Fredis Gomez, Cesar Moreira, Luis M. Ramirez. (Attachments: #1 Exhibit) (Melendez, Delvis) |
| Filing 57 First MOTION for Order to Show Cause by Main Street Nursery, Robert McKean, Sherwood Landscaping Inc.. (Attachments: #1 Exhibit A, #2 Certificate of Service) (Hadjicharalambous, Christo) |
| Filing 56 CONSENT to become party in a collective action. by Martin Cisneros, Roberto Contreras, Fredis Gomez, Cesar Moreira, Luis M. Ramirez (Melendez, Delvis) |
| Filing 55 CONSENT to become party in a collective action. by Martin Cisneros, Roberto Contreras, Fredis Gomez, Cesar Moreira, Luis M. Ramirez (Melendez, Delvis) |
| Filing 54 CONSENT to become party in a collective action. by Martin Cisneros, Roberto Contreras, Fredis Gomez, Cesar Moreira, Luis M. Ramirez (Melendez, Delvis) |
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ORDER re #51 MOTION to Amend. The Court became aware today that plaintiffs' counsel filed this motion with a one-page cover letter directed to this Court and explaining some confusion over the order of filing of the papers because of this Court's "bundle rule." However, in cases assigned to Judge Seybert, motions to amend are returnable before Judge Seybert. This Court will bring the motion to the attention of Judge Seybert based on the apparent confusion. Ordered by Magistrate Judge A. Kathleen Tomlinson on 4/23/2014. (Tomlinson, A.)
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Filing 53
ORDER granting #18 Motion to Certify Class. Plaintiff's motion is GRANTED to the extent set forth in the ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 3/31/2014. (Buckel, Katherine)
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| Filing 52 CONSENT to become party in a collective action. by Martin Cisneros, Roberto Contreras, Fredis Gomez, Cesar Moreira, Luis M. Ramirez (Melendez, Delvis) |
| Filing 51 MOTION to Amend/Correct/Supplement Complaint by Martin Cisneros, Roberto Contreras, Fredis Gomez, Cesar Moreira, Luis M. Ramirez. (Attachments: #1 Notice of Motion, #2 Memorandum of Law, #3 Exhibit Sherwood Minutes, #4 Exhibit Def. supp. resp. to Interr., #5 Exhibit Moreira sample payroll records, #6 Exhibit Def. org. resp. to interr., #7 Exhibit Plaintiffs demand for docs., #8 Exhibit Second Amended Complaint, #9 Memorandum in Support, #10 Exhibit affidavit) (Melendez, Delvis) |
| Filing 50 MEMORANDUM in Opposition to Plaintiffs' Motion to Amend the Complaint filed by Main Street Nursery, Robert McKean, Sherwood Landscaping Inc.. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Certificate of Service) (Hadjicharalambous, Christo) |
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ORDER re #47 . The parties' briefing schedule is SO ORDERED. Ordered by Magistrate Judge A. Kathleen Tomlinson on 1/17/2014. (Buckel, Katherine)
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| Filing 49 NOTICE by Martin Cisneros, Roberto Contreras, Fredis Gomez, Cesar Moreira, Luis M. Ramirez (Melendez, Delvis) |
| Filing 48 CONSENT to become party in a collective action. by Martin Cisneros, Roberto Contreras, Fredis Gomez, Cesar Moreira, Luis M. Ramirez (Melendez, Delvis) |
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Filing 47
Minute Order for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Motion Hearing/Discovery Status Conference held on 12/19/2013. Motion #42 GRANTED to the extent set forth in the ATTACHED ORDER. See the Order for additional rulings and information. Ordered by Judge A. Kathleen Tomlinson on 12/19/13. (Tomlinson, A.)
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Filing 46
STIPULATION AND ORDER re #44 Stipulation filed by Cesar Moreira, Fredis Gomez, Luis M. Ramirez, Roberto Contreras, Martin Cisneros. SO ORDERED by Magistrate Judge A. Kathleen Tomlinson on 12/9/2013. (Ryan, Mary)
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| Filing 45 RESPONSE in Opposition re #42 MOTION to Compel filed by Main Street Nursery, Robert McKean, Sherwood Landscaping Inc.. (Attachments: #1 Exhibit A, #2 Certificate of Service) (Hadjicharalambous, Christo) |
| Filing 44 STIPULATION by Martin Cisneros, Roberto Contreras, Fredis Gomez, Cesar Moreira, Luis M. Ramirez (Melendez, Delvis) |
| Filing 43 STIPULATION by Martin Cisneros, Roberto Contreras, Fredis Gomez, Cesar Moreira, Luis M. Ramirez (Attachments: #1 Exhibit) (Melendez, Delvis) |
| Filing 42 MOTION to Compel by Martin Cisneros, Roberto Contreras, Fredis Gomez, Cesar Moreira, Luis M. Ramirez. (Attachments: #1 Exhibit Plaintiff. doc. demand, #2 Exhibit Plaintiffs interr., #3 Exhibit Defendants resp. to doc. demand, #4 Def. resp. to Interr., #5 Exhibit letter, #6 Exhibit resp. to letter) (Melendez, Delvis) |
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SCHEDULING ORDER: In light of Plaintiffs' filing a motion to compel today, and in order to allow defendants time to submit a response, if any, tomorrow's discovery status conference is adjourned to December 19, 2013 at 2:30 p.m. Ordered by Magistrate Judge A. Kathleen Tomlinson on 12/4/2013. (Buckel, Katherine)
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ORDER denying #41 Motion to Compel, without prejudice. On November 26, 2013, the Court issued an Electronic Order dismissing, without prejudice, Plaintiffs' motion to compel based on the failure to comply with Local Civil Rule 37.1. Plaintiffs' counsel re-filed the motion on December 1, 2013; however, the motion is still not in compliance. Plaintiffs' counsel appears to be confusing Local Rule 37.3 with Rule 37.1. Local Rule 37.1 requires counsel to present the objection/motion to compel with regard to an interrogatory or document demand in a specific mannerwhen seeking Court intervention. For example, counsel is required to list first, verbatim, the request made to opposing counsel. Underneath of the request, counsel is required to state verbatim the response given by opposing counsel. Below that response, counsel is required to state and explain the basis for the objection (deficiency, non-responsiveness, etc.). Counsel has not done that here and instead has filed the full set of document requests and interrogatories as exhibits to the motion papers. Counsel is free to file the motion when it complies with Local Rule 37.1. For motions filed under Local Rule 37.1, the Court's three-page limitation is waived. Ordered by Magistrate Judge A. Kathleen Tomlinson on 12/2/2013. (Tomlinson, A.)
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| Filing 41 MOTION to Compel by Martin Cisneros, Roberto Contreras, Fredis Gomez, Cesar Moreira, Luis M. Ramirez. (Attachments: #1 Exhibit Plaintiff demand for Docs., #2 Exhibit Plaintiffs demand for Interr., #3 Exhibit Def, res. to doc. request, #4 Exhibit Def. res. to interr., #5 Exhibit letter, #6 Exhibit response to letter) (Melendez, Delvis) |
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ORDER denying, without prejudice, #40 Motion to Compel. Counsel may re-file the motion when it is in compliance with Local Rule 37.1. The Court's three-page limitation on letter motions is waived. Ordered by Magistrate Judge A. Kathleen Tomlinson on 11/26/2013. (Buckel, Katherine)
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| Filing 40 MOTION to Compel by Martin Cisneros, Roberto Contreras, Fredis Gomez, Cesar Moreira, Luis M. Ramirez. (Attachments: #1 Exhibit Plaintiffs demand for Doc., #2 Exhibit Plaintiffs demand for Interr., #3 Exhibit def. resp. to doc. demand, #4 Exhibit def. resp. to interr. demand, #5 Exhibit Letter, #6 Exhibit resp. to letter) (Melendez, Delvis) |
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ORDER granting #38 Motion for Protective Order. This is a case involving claims that the defendants violated the FLSA and NYLL. Defendants are precluded from inquiring of the plaintiffs regarding their immigration status, social security number and/or marital status. As to the purported use of false names, defendants' counsel may inquire, at plaintiffs' depositions, regarding a plaintiff's name where they have a good faith basis, supported by some evidence in the record, that a plaintiff used a false name during his period of employment. Once the depositions have been completed, if defendants have a good faith basis supported by evidence in the record to renew their request to compel plaintiffs to provide such information as that requested here, counsel may make an appropriate application to the Court and plaintiffs' counsel will be given an opportunity to oppose such motion. Ordered by Magistrate Judge A. Kathleen Tomlinson on 10/10/2013. (Tomlinson, A.)
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| Filing 39 REPLY in Opposition re #38 MOTION for Protective Order filed by Main Street Nursery, Robert McKean, Sherwood Landscaping Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Certificate of Service) (Hadjicharalambous, Christo) |
| Filing 38 MOTION for Protective Order by Martin Cisneros, Roberto Contreras, Fredis Gomez, Cesar Moreira, Luis M. Ramirez. (Attachments: #1 Exhibit Def. Interr.) (Melendez, Delvis) |
| Filing 37 REPLY in Opposition re #18 MOTION to Certify Class filed by All Plaintiffs. (Attachments: #1 Exhibit Affidavits) (Melendez, Delvis) |
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ORDER rescinding #35 Motion for Discovery; granting #36 Motion for Discovery. Based on the representations of counsel, plaintiffs' letter motion of September 24, 2013 is withdrawn. Further, the parties' stipulation extending plaintiffs' time to submit their reply is SO ORDERED. Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/26/2013. (Buckel, Katherine)
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| Filing 36 MOTION for Discovery by Martin Cisneros, Roberto Contreras, Fredis Gomez, Cesar Moreira, Luis M. Ramirez. (Attachments: #1 Exhibit Stipulation) (Melendez, Delvis) |
| Filing 35 MOTION for Discovery by Martin Cisneros, Roberto Contreras, Fredis Gomez, Cesar Moreira, Luis M. Ramirez. (Melendez, Delvis) |
| Filing 34 REPLY in Support re #24 First Motion to Dismiss for Failure to State a Claim First MOTION to Dismiss for Lack of Jurisdiction filed by Main Street Nursery, Robert McKean, Sherwood Landscaping Inc.. (Attachments: #1 Affidavit in Support, #2 Exhibit "A", #3 Certificate of Service) (Hadjicharalambous, Christo) |
| Filing 33 NOTICE of Appearance by Christo Hadjicharalambous on behalf of Main Street Nursery, Robert McKean, Sherwood Landscaping Inc. (aty to be noticed) (Attachments: #1 Certificate of Service) (Hadjicharalambous, Christo) |
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Filing 32
ORDER terminating #25 Motion to Stay; granting in part and denying in part #28 Motion to Stay. SEE ATTACHED ORDER for additional details. Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/18/2013. (Buckel, Katherine)
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| Filing 31 Defendants ANSWER to #22 Amended Complaint by Main Street Nursery, Robert McKean, Sherwood Landscaping Inc.. (Attachments: #1 Certificate of Service Answer to the Amended Complaint) (Gorman, Elizabeth) |
| Filing 30 MEMORANDUM in Opposition filed by All Plaintiffs. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit) (Melendez, Delvis) |
| Filing 29 CONSENT to become party in a class action. by All Plaintiffs (Melendez, Delvis) |
| Filing 28 Letter MOTION to Stay re #26 Reply in Opposition, #25 Letter MOTION to Stay re #24 First Motion to Dismiss for Failure to State a Claim First MOTION to Dismiss for Lack of Jurisdiction by Main Street Nursery, Robert McKean, Sherwood Landscaping Inc.. (Gorman, Elizabeth) |
| Filing 27 AFFIDAVIT/DECLARATION in Opposition re #18 MOTION to Certify Class filed by Main Street Nursery, Robert McKean, Sherwood Landscaping Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Memorandum in Support, #6 Affidavit of Service Certificate of Service) (Gorman, Elizabeth) |
| Filing 26 REPLY in Opposition filed by All Plaintiffs. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit) (Melendez, Delvis) |
| Filing 25 Letter MOTION to Stay re #24 First Motion to Dismiss for Failure to State a Claim First MOTION to Dismiss for Lack of Jurisdiction by Main Street Nursery, Robert McKean, Sherwood Landscaping Inc.. (Gorman, Elizabeth) |
| Filing 24 First Motion to Dismiss for Failure to State a Claim , First MOTION to Dismiss for Lack of Jurisdiction ( Responses due by 9/13/2013) by Main Street Nursery, Robert McKean, Sherwood Landscaping Inc.. (Attachments: #1 Affidavit Elizabeth Gorman Affirmation, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Affidavit Affidavit of Robert McKean, #25 Exhibit 1, #26 Exhibit 2, #27 Exhibit 3, #28 Exhibit 4, #29 Exhibit 5, #30 Exhibit 6, #31 Exhibit 7, #32 Exhibit 8, #33 Exhibit 9, #34 Exhibit 10, #35 Memorandum in Support, #36 Certificate of Service) (Gorman, Elizabeth) |
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Filing 23
STIPULATION AND ORDER TO AMEND COMPLAINT re #21 Letter filed by Cesar Moreira, Fredis Gomez, Luis M. Ramirez, Roberto Contreras, Martin Cisneros. Plaintiffs are withdrawing the Amended Complaint filed on 8/6/2013 DE #16 and substituting new Amended Compliant filed on 8/27/2013 DE #22 . Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/28/2013. (Ryan, Mary)
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| Incorrect Case/Document/Entry Information - Counsel filed the Amended Complaint without adding the new parties. In order to create the necessary records behind the scenes, the Amended Complaint was deleted and re-docketed correctly. All corrections have been entered. (Valle, Christine) |
| Filing 22 AMENDED COMPLAINT against Robert McKean, Sherwood Landscaping Inc., Main Street Nursery, filed by Martin Cisneros, Luis M. Ramirez, Roberto Contreras, Cesar Moreira, Fredis Gomez. (Valle, Christine) |
| Filing 21 Letter by Martin Cisneros, Roberto Contreras, Fredis Gomez, Cesar Moreira, Luis M. Ramirez (Attachments: #1 Exhibit Stipulation) (Melendez, Delvis) |
| Filing 20 Letter by Main Street Nursery, Florist and Landscaping, Robert McKean, Sherwood Nursery Inc. (Gorman, Elizabeth) |
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Filing 19
ORDER re: #18 MOTION to Certify Class is REFERRED to Magistrate Judge A. Kathleen Tomlinson for DECISION. The parties are directed to address all future filings related to this motion to Judge Tomlinson. Ordered by Judge Joanna Seybert on 8/15/2013. (c/ECF) (Nohs, Bonnie)
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| Filing 18 MOTION to Certify Class by Martin Cisneros, Roberto Contreras, Fredis Gomez, Cesar Moreira, Luis M. Ramirez. Responses due by 9/9/2013 (Attachments: #1 Affidavit in Support) (Melendez, Delvis) |
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Filing 17
STIPULATION AND ORDER re #15 Stipulation to Amend Complaint filed by Cesar Moreira, Fredis Gomez, Luis M. Ramirez, Roberto Contreras, Martin Cisneros. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/8/2013. (Ryan, Mary)
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| Filing 16 AMENDED COMPLAINT against All Defendants, filed by Martin Cisneros, Luis M. Ramirez, Roberto Contreras, Cesar Moreira, Fredis Gomez. (Melendez, Delvis) |
| Filing 15 STIPULATION to Amend Complaint by Martin Cisneros, Roberto Contreras, Fredis Gomez, Cesar Moreira, Luis M. Ramirez (Melendez, Delvis) |
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Filing 14
INITIAL CASE MANAGEMENT AND SCHEDULING ORDER: DEADLINES AND COURT APPEARANCES: Deadline for completion of initial disclosures required by Rule 26(a): July 15, 2013; Requests for production of documents and interrogatories must be served by: August 20, 2013; Responses to requests for production of documents and interrogatories must be served by: October 2, 2013; Deadline to initiate the process for joinder of additional parties and/or amendment of pleadings: TBD; Status Conference: December 5, 2013, at 11 a.m. Ordered by Magistrate Judge A. Kathleen Tomlinson on 7/15/2013. (Buckel, Katherine)
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| Filing 13 Minute Order for proceedings held before Magistrate Judge A. Kathleen Tomlinson: finding as moot #9 Motion for Pre Motion Conference; Initial Conference Hearing held on 7/15/2013. The Discovery Status Conference will be held on December 5, 2013 at 11 a.m. For a summary of the Court's rulings and directives, SEE ATTACHED ORDER. (Buckel, Katherine) |
| Filing 12 NOTICE of Appearance by Kerri Monyak Hoffman on behalf of Main Street Nursery, Florist and Landscaping, Robert McKean, Sherwood Nursery Inc. (aty to be noticed) (Hoffman, Kerri) |
| Filing 11 CASE MANAGEMENT STATEMENT (Attachments: #1 Proposed Order proposed case management plan) (Melendez, Delvis) |
| Filing 10 RESPONSE in Opposition re #9 MOTION for pre motion conference filed by Main Street Nursery, Florist and Landscaping, Robert McKean, Sherwood Nursery Inc.. (Gorman, Elizabeth) |
| Filing 9 MOTION for pre motion conference by Martin Cisneros, Roberto Contreras, Fredis Gomez, Cesar Moreira, Luis M. Ramirez. (Melendez, Delvis) |
| Filing 8 ANSWER to Complaint by Main Street Nursery, Florist and Landscaping, Robert McKean, Sherwood Nursery Inc.. (Attachments: #1 Certificate of Service Answer & Rule 7.1 Statement) (Gorman, Elizabeth) |
| Filing 7 Corporate Disclosure Statement by Main Street Nursery, Florist and Landscaping, Robert McKean, Sherwood Nursery Inc. (Gorman, Elizabeth) |
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ORDER granting #6 Motion for Extension of Time to Answer All Defendants. Defendants' time to respond to the Complaint is extended to and including June 11, 2013. Ordered by Magistrate Judge A. Kathleen Tomlinson on 5/30/2013. (Buckel, Katherine)
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| Filing 6 MOTION for Extension of Time to File Answer by Main Street Nursery, Florist and Landscaping, Robert McKean, Sherwood Nursery Inc.. (Gorman, Elizabeth) |
| Filing 5 NOTICE of Appearance by Elizabeth R. Gorman on behalf of Main Street Nursery, Florist and Landscaping, Robert McKean, Sherwood Nursery Inc. (aty to be noticed) (Gorman, Elizabeth) |
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Filing 4
INITIAL CONFERENCE SCHEDULING ORDER: Initial Conference set for 7/15/2013 at 11:00 AM before Magistrate Judge A. Kathleen Tomlinson. SEE ATTACHED ORDER for additional details. Ordered by Magistrate Judge A. Kathleen Tomlinson on 5/17/2013. (Buckel, Katherine)
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| Case Ineligible for Arbitration (Credle, Rita) |
| Filing 3 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 2 Summons Issued as to All Defendants. (Danisi, Cristine) |
| Filing 1 COMPLAINT against All Defendants Disclosure Statement on Civil Cover Sheet completed -No,, filed by Martin Cisneros, Luis M. Ramirez, Roberto Contreras, Cesar Moreira, Fredis Gomez. (Attachments: #1 Civil Cover Sheet) (Danisi, Cristine) |
| FILING FEE: $ 400.00, receipt number 12336 (Danisi, Cristine) |
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