Guglielmo v. The Cheesecake Factory
| John Guglielmo and Craig Wilhelmy |
| The Cheesecake Factory Restaurants, Inc. |
| 2:2015cv03117 |
| May 28, 2015 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Anne Y Shields |
| Arthur D Spatt |
| Labor: Fair Standards |
| 15 U.S.C. § 1938 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 126 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 125 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 124 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 123 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 122 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 121 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 120 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 119 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 118 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 117 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 116 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 115 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 114 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 113 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 112 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 111 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 110 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 109 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 108 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 107 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 106 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 105 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 104 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 103 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 102 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 101 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 100 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 99 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 98 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 97 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 96 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 95 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 94 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 93 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 92 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 91 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 90 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 89 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 88 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 87 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 86 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 85 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 84 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 83 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
Filing 82
Minute Order for proceedings held before Magistrate Judge Anne Y. Shields:denying #52 Motion to Certify FLSA Collective Action. Telephone Conference held on 11/16/2016. See Minute Order for details. So Ordered by Magistrate Judge Anne Y. Shields. (Torres, Jasmine)
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| Filing 81 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 80 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 79 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 78 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 77 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 76 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 75 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 74 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 73 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 72 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 71 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 70 RESPONSE in Opposition re #52 Letter MOTION to Certify FLSA Collective Action Regarding Reminder Notice filed by The Cheesecake Factory Restaurants, Inc.. (Battaglia, Leni) |
| Filing 69 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 68 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 67 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 66 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 65 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 64 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 63 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 62 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 61 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 60 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 59 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 58 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 57 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 56 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 55 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 54 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 53 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 52 Letter MOTION to Certify FLSA Collective Action Regarding Reminder Notice by John Guglielmo, Craig Wilhelmy. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Minkoff, Michael) |
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ELECTRONIC SCHEDULING ORDER: A telephone conference has been scheduled for November 16, 2016 at 2:00 PM. Plaintiffs' counsel is directed to initiate the call and have all parties on the line before connecting to chambers at (631) 712-5710. So Ordered by Magistrate Judge Anne Y. Shields on 10/31/2016. (Demosthenous, Dina)
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Filing 51
ORDER re #50 motion to withdraw attorney. Request granted. The Clerk of the Court is respectfully directed to remove Shanshan S. Zheng for the Plaintiffs. Attorney Shanshan Zheng terminated. So Ordered by Judge Arthur D. Spatt on 10/27/2016. (Coleman, Laurie)
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| Filing 50 Letter MOTION to Withdraw as Attorney /Remove from Docket by John Guglielmo, Craig Wilhelmy. (Borrelli, Michael) |
| Filing 49 NOTICE of Appearance by Michael R. Minkoff on behalf of John Guglielmo, Craig Wilhelmy (notification declined or already on case) (Minkoff, Michael) |
| Email Notification Test - DO NOT REPLY. (Coleman, Laurie) |
| Filing 48 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Zheng, Shanshan) |
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Filing 47
ORDER re #46 . The parties' Proposed Notice of collection Action Form and Proposed Stipulation filed as Docket Entries [46-1] and [46-2] are hereby So Ordered. So Ordered by Magistrate Judge Anne Y. Shields on 9/21/2016. (Demosthenous, Dina)
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| Filing 46 Letter JOINT STATUS LETTER Pursuant to Your Honor's 9/15/2016 Order (Dkt. 44) by The Cheesecake Factory Restaurants, Inc. (Attachments: #1 Proposed Stipulation, #2 Proposed Notice of Collective Action Form) (Battaglia, Leni) |
| Filing 45 NOTICE of Appearance by Daniel Arnold Kadish on behalf of The Cheesecake Factory Restaurants, Inc. (aty to be noticed) (Kadish, Daniel) |
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STATUS REPORT ORDER. In light of counsels' representations in #44 , counsel are directed to continue conferring regarding the remaining issues and submit a joint status letter to this Court on September 20, 2016. So Ordered by Magistrate Judge Anne Y. Shields on 9/15/2016. (Demosthenous, Dina)
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| Filing 44 Letter JOINT STATUS LETTER Pursuant to Your Honor's 9/12/2016 Order (Dkt. 41) by The Cheesecake Factory Restaurants, Inc. (Battaglia, Leni) |
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ELECTRONIC ORDER denying #41 Motion to Compel. Plaintiffs' motion to compel is DENIED without prejudice to renewal. Counsel are directed to confer regarding the use of a third-party claims administrator and the language to be used in the Stipulation and Notice of Collective Action Form. Counsel are directed to provide this Court with a joint status letter regrding these issues by close of business on September 14, 2016. So Ordered by Magistrate Judge Anne Y. Shields on 9/12/2016. (Demosthenous, Dina)
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| Filing 43 REPLY to Response to Motion re #41 Letter MOTION to Compel filed by John Guglielmo, Craig Wilhelmy. (Zheng, Shanshan) |
| Filing 42 RESPONSE to Motion re #41 Letter MOTION to Compel and Request to Strike Dkt. 41 filed by The Cheesecake Factory Restaurants, Inc.. (Battaglia, Leni) |
| Filing 41 Letter MOTION to Compel by John Guglielmo, Craig Wilhelmy. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Zheng, Shanshan) |
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Filing 40
Minute Order for proceedings held before Magistrate Judge Anne Y. Shields:terminating #29 Motion to Compel; Motion Hearing held on 7/21/2016 re #29 MOTION to Compel Arbitration and to Strike or Modify Class Definition filed by The Cheesecake Factory Restaurants, Inc. Defendants pending motion to compel arbitration and to strike or modify the class definition appearing as Docket Entry #29 is hereby withdrawn and terminated. See Minute Order for details. So Ordered by Magistrate Judge Anne Y. Shields. (Tape #11:39-4:02.) (Torres, Jasmine)
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| Filing 39 NOTICE of Appearance by Russell Edwards on behalf of John Guglielmo (aty to be noticed) (Edwards, Russell) |
| Filing 38 NOTICE of Appearance by Shanshan Zheng on behalf of John Guglielmo, Craig Wilhelmy (aty to be noticed) (Zheng, Shanshan) |
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ELECTRONIC SCHEDULING ORDER: A conference has been scheduled for July 21, 2016 at 11:30 AM in courtroom 830 of the Central Islip courthouse. So Ordered by Magistrate Judge Anne Y. Shields on 7/8/2016. (Demosthenous, Dina)
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| Filing 37 REPLY in Support re #29 MOTION to Compel Arbitration and to Strike or Modify Class Definition filed by The Cheesecake Factory Restaurants, Inc.. (Parlo, Christopher) |
| Filing 36 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Borrelli, Michael) |
| Filing 35 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Borrelli, Michael) |
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Filing 34
ORDER Re: #33 Motion to Withdraw as Attorney Susan J. Deith. Request granted. Attorney Susan J. Deith terminated. So Ordered by Judge Arthur D. Spatt on 10/27/2015. (Coleman, Laurie)
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| Filing 33 MOTION to Withdraw as Attorney /Remove from Docket by John Guglielmo, Craig Wilhelmy. (Borrelli, Michael) |
| Filing 32 MEMORANDUM in Opposition to Defendant's Motion to Compel Arbitration and Strike or Modify Class Definition filed by John Guglielmo, Craig Wilhelmy. (Coleman, Alexander) |
| Filing 31 Letter Addressed to Judge Spatt Re: Plaintiffs' Memorandum of Law in Opposition by John Guglielmo, Craig Wilhelmy (Coleman, Alexander) |
| Filing 30 Letter regarding Defendant's Motion to Compel by The Cheesecake Factory Restaurants, Inc. (Battaglia, Leni) |
| Filing 29 MOTION to Compel Arbitration and to Strike or Modify Class Definition by The Cheesecake Factory Restaurants, Inc.. (Attachments: #1 Memorandum in Support, #2 Declaration of Laurie Lambert-Gaffney, #3 Exhibit 1 to Declaration of Laurie Lambert-Gaffney) (Parlo, Christopher) |
| Filing 28 ANSWER to #26 Amended Complaint by The Cheesecake Factory Restaurants, Inc.. (Battaglia, Leni) |
| Filing 27 MEMORANDUM in Opposition DEFENDANT"S MOTION TO COMPEL ARBITRATION AND TO STRIKE OR MODIFY CLASS DEFINITION filed by John Guglielmo. (Deith, Susan) |
| Filing 26 AMENDED COMPLAINT against The Cheesecake Factory Restaurants, Inc., filed by John Guglielmo. (Borrelli, Michael) |
| Filing 25 CONSENT to become party in a collective action. by John Guglielmo (Deith, Susan) |
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Filing 24
ORDER granting #22 motion for an extension of time from 9/22/15 until 10/6/15 to oppose Defendant's Motion to Compel Arbitration and to Strike or Modify Class Definition. Plaintiffs consent to extend Defendant's deadline to file a reply brief until 11/6/15. So Ordered by Judge Arthur D. Spatt on 9/19/15. (Coleman, Laurie) Modified on 9/23/2015 to correct a typographical error; Dft's reply brief due 11/6/15, not 11/16/15 as previously indicated. (Coleman, Laurie).
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| Filing 23 CONSENT to become party in a collective action. by John Guglielmo (Deith, Susan) |
| Filing 22 MOTION for Extension of Time to File Response/Reply /opposition papers by John Guglielmo, Craig Wilhelmy. (Coleman, Alexander) |
| Filing 21 CONSENT to become party in a collective action. by John Guglielmo (Deith, Susan) |
| Incorrect Case/Document/Entry Information. Document #21 has been removed to be correctly filed (Bollbach, Jean) |
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Filing 20
ORDER re #19 Letter to remove Michael R. Minkoff from docket. Request Granted. Attorney Michael R. Minkoff terminated. So Ordered by Judge Arthur D. Spatt on 9/15/2015. (Ortiz, Grisel)
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| Filing 19 Letter to remove Michael R. Minkoff from docket by John Guglielmo (Borrelli, Michael) |
| Filing 18 NOTICE of Appearance by Susan J. Deith on behalf of John Guglielmo, Craig Wilhelmy (aty to be noticed) (Deith, Susan) |
| Filing 17 MOTION to Compel Arbitration and to Strike or Modify Class Definition by The Cheesecake Factory Restaurants, Inc.. (Attachments: #1 Memorandum in Support, #2 Declaration of Laurie Lambert-Gaffney, #3 Exhibit 1 to the Declaration of Laurie Lambert-Gaffney) (Parlo, Christopher) |
| Filing 16 ANSWER to #1 Complaint,, by The Cheesecake Factory Restaurants, Inc.. (Parlo, Christopher) |
| Filing 15 Corporate Disclosure Statement by The Cheesecake Factory Restaurants, Inc. identifying Corporate Parent The Cheesecake Factory Incorporated for The Cheesecake Factory Restaurants, Inc.. (Parlo, Christopher) |
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Filing 14
ORDER Granting #13 Motion for Extension of Time to Answer. IT IS STIPULATED, by and between the undersigned counsel, that the date by which Defendant must answer, move, or otherwise respond to the Complaint is hereby extended untilSeptember 8, 2015, It IS FURTHER STIPULATED that the statute of limitation for members of the Fair Labor Standards Act 216(b) putative collective action is tolled through September 8th, 2015. Ordered by Judge Arthur D. Spatt on 8/25/2015. (Ortiz, Grisel)
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| Filing 13 STIPULATION Extending Time to Answer and Tolling Agreement by The Cheesecake Factory Restaurants, Inc. (Parlo, Christopher) Modified event type from Stipulation to Motion on 8/25/2015 (Ortiz, Grisel). |
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Filing 12
ORDER granting #11 Stipulation extending time to answer until 8/24/15 and tolling agreement. So Ordered by Judge Arthur D. Spatt on 8/6/2015. (Coleman, Laurie)
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| Filing 11 STIPULATION Extending Time to Answer and Tolling Agreement by The Cheesecake Factory Restaurants, Inc. (Parlo, Christopher) |
| Filing 10 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 9 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 8 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 7 NOTICE of Appearance by Leni Dylan Battaglia on behalf of The Cheesecake Factory Restaurants, Inc. (aty to be noticed) (Battaglia, Leni) |
| Filing 6 NOTICE of Appearance by Christopher A. Parlo on behalf of The Cheesecake Factory Restaurants, Inc. (aty to be noticed) (Parlo, Christopher) |
| Filing 5 CONSENT to become party in a collective action. by John Guglielmo, Craig Wilhelmy (Minkoff, Michael) |
| Filing 4 WAIVER OF SERVICE Returned Executed by John Guglielmo, Craig Wilhelmy. The Cheesecake Factory Restaurants, Inc. waiver sent on 6/10/2015, answer due 8/10/2015. (Minkoff, Michael) |
| Filing 3 SUMMONS ISSUED as to The Cheesecake Factory Restaurants, Inc.. (Coleman, Laurie) |
| 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. (Kramer, Michael) |
| This attorney case opening filing has been checked for quality control. (Kramer, Michael) |
| Case Assigned to Judge Arthur D. Spatt and Magistrate Judge Anne Y. Shields. (Kramer, Michael) |
| Filing 1 COMPLAINT against The Cheesecake Factory Restaurants, Inc. filing fee $ 400, receipt number 0207-7773465, filed by John Guglielmo, Craig Wilhelmy. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet, #3 Consent to Join Collective/Class Action, #4 Consent to Join Collective/Class Action, #5 Consent to Join Collective/Class Action, #6 Consent to Join Collective/Class Action, #7 Consent to Join Collective/Class Action, #8 Consent to Join Collective/Class Action, #9 Consent to Join Collective/Class Action, #10 Consent to Join Collective/Class Action, #11 Consent to Join Collective/Class Action) (Minkoff, Michael) |
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