Austin-Paglialonga v. Mixmaster, LLC
Plaintiff: AUSTIN-PAGLIALONGA and Marcus Austin-Paglialonga
Defendant: MIXMASTER, LLC
Case Number: 2:2016cv04205
Filed: July 28, 2016
Court: US District Court for the Eastern District of New York
Office: Central Islip Office
Presiding Judge: Joseph F Bianco
Referring Judge: A Kathleen Tomlinson
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42 U.S.C. § 2000 e Job Discrimination (Employment)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 5, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 5, 2017 Civil Case Terminated. (Bollbach, Jean)
September 5, 2017 Opinion or Order Filing 29 ORDER DISMISSING CASE with prejudice and without costs. The clerk of the court shall close the case. Ordered by Judge Joseph F. Bianco on 9/5/2017. (Bollbach, Jean)
September 5, 2017 Filing 28 STIPULATION of Dismissal by Marcus Austin-Paglialonga (Salaman, Robert)
August 17, 2017 Opinion or Order ORDER granting #27 Motion to Withdraw as Attorney. Attorney Elizabeth Erin Schlissel terminated. The Court has reviewed the Letter Motion [DE 27] filed by Attorney Rowe seeking to have Attorney Schlissel's appearance withdrawn as counsel for Defendants in this matter. In light of the fact that the law firm of Certilman Balin Adler & Hyman, LLP will continue to represent Defendants in this matter, the motion is GRANTED. The Clerk's Office is directed to terminate Attorney Schlissel's appearance in this matter. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/17/2017. (Roman, Joshua)
August 16, 2017 Filing 27 Letter MOTION to Withdraw as Attorney Request to remove Elizabeth E. Schlissel as attorney from this matter by Mixmaster, LLC. (Rowe, Douglas)
April 4, 2017 Opinion or Order ORDER granting #26 Motion to Withdraw as Attorney. Attorney Desiree Mia Gargano terminated. The Court has reviewed the renewed Letter Motion [DE 26] filed by Attorney Rowe seeking to have Attorney Gargano's appearance withdrawn as counsel for Defendants in this matter. In light of the fact that the law firm of Certilman Balin Adler & Hyman, LLP will continue to represent Defendant in this matter, the motion is GRANTED. The Clerk's Office is directed to terminate Attorney Gargano's appearance in this matter. Ordered by Magistrate Judge A. Kathleen Tomlinson on 4/4/2017. (Roman, Joshua)
April 3, 2017 Filing 26 Letter MOTION to Withdraw as Attorney Request to remove Desiree M. Gargano from this matter by Mixmaster, LLC. (Rowe, Douglas)
April 3, 2017 Opinion or Order ORDER denying #25 Motion to Withdraw as Attorney. The Court has reviewed the Letter Motion [DE 25] filed by Attorney Gargano seeking to withdraw as counsel for Defendants in this matter and the motion is DENIED, without prejudice. The Court points out that Attorney Gargano has indicated that she left the law firm of Certilman Balin Adler & Hyman, LLP -- counsel for Defendants -- on March 6, 2017. As such, the Court requires that this motion be refiled by a current member or shareholder of Certilman Balin Adler & Hyman, LLP. Upon such refiling, the Court will consider the motion. Ordered by Magistrate Judge A. Kathleen Tomlinson on 4/3/2017. (Roman, Joshua)
March 31, 2017 Filing 25 Letter MOTION to Withdraw as Attorney by Mixmaster, LLC. (Gargano, Desiree)
March 6, 2017 Filing 24 NOTICE of Appearance by Elizabeth Erin Schlissel on behalf of Mixmaster, LLC (aty to be noticed) (Schlissel, Elizabeth)
March 2, 2017 Opinion or Order ORDER granting #23 Motion to Adjourn Conference; finding as moot #23 Motion to Appear by Telephone. The Court has reviewed the Plaintiff's motion seeking an adjournment of the Discovery Status Conference scheduled for March 6, 2017 and in light of its contents, the motion is GRANTED. The parties are directed to complete mediation by May 2, 2017. Further, within three days following the conclusion of the mediation session, the Court directs the parties to file a joint status report at which time the Court will reschedule the conference if necessary. Ordered by Magistrate Judge A. Kathleen Tomlinson on 3/2/2017. (Roman, Joshua)
March 1, 2017 Filing 23 Joint MOTION to Adjourn Conference ; or in the alternative, Motion to Appear by Telephone and Discovery Status Report by Marcus Austin-Paglialonga. (Salaman, Robert)
December 8, 2016 Opinion or Order Filing 22 STIPULATION AND ORDER OF CONFIDENTIALITY re #20 Amended Stipulation and Order of Confidentiality to be So Ordered filed by Mixmaster, LLC. Ordered by Magistrate Judge A. Kathleen Tomlinson on 12/8/2016. (Ryan, Mary)
December 7, 2016 Opinion or Order Filing 21 ORDER / ESI AGREEMENT re #19 Letter ESI Joint Letter Agreement filed by Marcus Austin-Paglialonga. Ordered by Magistrate Judge A. Kathleen Tomlinson on 12/7/2016. (Ryan, Mary)
December 7, 2016 Filing 20 STIPULATION Amended Stipulation and Order of Confidentiality to be So Ordered by Mixmaster, LLC (Attachments: #1 Exhibit A - Agreement to be Bound) (Gargano, Desiree)
December 7, 2016 Opinion or Order ORDER re #18 Stipulation filed by Mixmaster, LLC. The Court has reviewed the parties' proposed Stipulation of Confidentiality but is unable to "so order" the proposed stipulation at this time. Before the Court can act, the parties are directed to amend the stipulation to include an "Agreement to be Bound," which should be annexed as an Exhibit to the main document. The Court notes that paragraph 5 of the parties' proposed stipulation states that an oral agreement to be bound by a receiving party is sufficient; however, the Court nevertheless requires that written acknowledgement by a receiving party that it agrees to be bound be utilized. As such, the Court directs the parties to comply with the directives herein and resubmit the proposed stipulation at which time the Court will take further action. Ordered by Magistrate Judge A. Kathleen Tomlinson on 12/7/2016. (Roman, Joshua)
December 6, 2016 Filing 19 Letter ESI Joint Letter Agreement by Marcus Austin-Paglialonga (Salaman, Robert)
December 6, 2016 Opinion or Order Filing 18 STIPULATION AND ORDER OF CONFIDENTIALITY to be SO ORDERED by Mixmaster, LLC (Gargano, Desiree)
October 18, 2016 Opinion or Order Filing 17 INITIAL CASE MANAGEMENT AND SCHEDULING ORDER: DEADLINES AND COURT APPEARANCES. SEE ATTACHED ORDER for additional details. Ordered by Magistrate Judge A. Kathleen Tomlinson on 10/18/2016. (Roman, Joshua)
October 18, 2016 Filing 16 Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Initial Conference Hearing held on 10/17/2016. The Discovery Status Conference will be held on March 6, 2017 at 3 p.m. The Case Management and Scheduling Order will be entered separately. SEE ATTACHED ORDER for additional details. (Roman, Joshua)
October 14, 2016 Filing 15 NOTICE of Appearance by Desiree Mia Gargano on behalf of Mixmaster, LLC (aty to be noticed) (Gargano, Desiree)
October 13, 2016 Filing 14 Proposed Scheduling Order by Marcus Austin-Paglialonga (Salaman, Robert)
September 9, 2016 Filing 13 Corporate Disclosure Statement by Mixmaster, LLC (Rowe, Douglas)
September 9, 2016 Filing 12 Defendant's ANSWER to #1 Complaint, #2 Complaint, , Defendant's ANSWER to #1 Complaint, #2 Complaint, by All Defendants. (Rowe, Douglas)
September 9, 2016 Filing 11 NOTICE of Appearance by Douglas E. Rowe on behalf of All Defendants (aty to be noticed) (Rowe, Douglas)
August 29, 2016 Filing 10 WAIVER OF SERVICE Returned Executed by Marcus Austin-Paglialonga. All Defendants. (Salaman, Robert)
August 29, 2016 Opinion or Order Filing 9 INITIAL CONFERENCE SCHEDULING ORDER: Initial Conference set for October 17, 2016 at 3 p.m. before Magistrate Judge A. Kathleen Tomlinson in Courtroom 910 at 100 Federal Plaza, Central Islip, New York. No later than two business days before the Initial Conference, counsel for the parties must submit, by means of electronic filing on the court's ECF system, a Joint Proposed Discovery Plan. SEE ATTACHED ORDER for additional details. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/29/2016. (Roman, Joshua)
August 5, 2016 Filing 8 Application #6 Motion for Refund of Fees Paid Electronically. Approved by Carol McMahon, Chief Deputy for Long Island on 8/5/16. (McMahon, Carol)
August 4, 2016 Filing 7 Summons Issued as to All Defendants. (Bollbach, Jean)
August 3, 2016 Filing 6 MOTION for Refund of Fees Paid Electronically by Marcus Austin-Paglialonga. (Attachments: #1 Exhibit Pay.gov payment confirmation emails) (Salaman, Robert)
August 3, 2016 Filing 5 Proposed Summons. Re #2 Complaint, by Marcus Austin-Paglialonga (Salaman, Robert)
August 3, 2016 Filing 4 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. (Flanagan, Doreen)
August 3, 2016 Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen)
August 3, 2016 Proposed summons is rejected; the section that reads "The answer or motion must be served on Plaintiff or Plaintiff's attorney, whose name and address are:" has not been completed; the Clerk's Office cannot issue the summons. Counsel is advised to submit a completed proposed summons using the event Proposed Summons/Civil Cover Sheet. (Flanagan, Doreen)
August 3, 2016 Case Assigned to Judge Joseph F. Bianco and Magistrate Judge A. Kathleen Tomlinson. 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. (Flanagan, Doreen)
July 28, 2016 Filing 2 COMPLAINT against Mixmaster, LLC filing fee $ 400, receipt number 0207-8795998 Was the Disclosure Statement on Civil Cover Sheet completed - NO,, filed by Marcus Austin-Paglialonga. (Attachments: #1 Exhibit EEOC Right to Sue Letter, #2 Civil Cover Sheet, #3 Proposed Summons) (Salaman, Robert) Modified on 8/3/2016 (Flanagan, Doreen).
July 28, 2016 Filing 1 COMPLAINT against Mixmaster, LLC filing fee $ 400, receipt number 0207-8795925 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Marcus Austin-Paglialonga. (Attachments: #1 Exhibit EEOC Right to Sue Letter, #2 Civil Cover Sheet, #3 Proposed Summons) (Salaman, Robert) Modified on 8/3/2016 (Flanagan, Doreen).

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Defendant: MIXMASTER, LLC
Represented By: Desiree Mia Gargano
Represented By: Douglas E. Rowe
Represented By: Elizabeth Erin Schlissel
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Plaintiff: AUSTIN-PAGLIALONGA
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Plaintiff: Marcus Austin-Paglialonga
Represented By: Robert D. Salaman
Represented By: Zafer Adem Akin
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