Balbona v. JFM Logistics Management Inc. et. al.
| Maria Balbona |
| Joseph Sarcona, III, JFM Logistics Management Inc. and JJS Transportation & Distribution Co, Inc. |
| 2:2021cv04782 |
| August 24, 2021 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Steven I Locke |
| Civil Rights: Jobs |
| 28 U.S.C. § 1331 Fed. Question: Employment Discrimination |
| Plaintiff |
Docket Report
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ORDER granting #10 Motion for Pre Motion ConferenceA pre-motion telephone conference is scheduled for November 2, 2021 at 2:00 p.m. before Judge Gary R. Brown, at which time the parties should be prepared to address defendants' anticipated motion pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6), the Federal Arbitration Act (FAA), and 9 U.S.C. 1, et seq. to (i) move to compel Plaintiff to arbitrate her claims; and, (ii) move to dismiss this action, or in the alternative, issue a stay pending resolution of Plaintiff's claims through arbitration, DE 10. The parties are to call (888) 363-4734 using ACCESS CODE 4132441 five minutes prior to the designated time.The parties are on notice that in appropriate cases, the pre-motion letter and the response, along with the parties' arguments made at the pre-motion conference, may be construed at the discretion of the Court as the motion itself. Arguments not raised in the pre-motion letters or during the pre-motion conference shall be deemed waived. See In re Best Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011).At the conference, the Court will issue a briefing schedule if necessary. Before requesting an adjournment, the parties shall meet and confer and submit a joint letter with several proposed dates. The parties and other attendees to the conference are also reminded that the recording of any proceeding of the Court, including this conference, is prohibited under Local Rule 1.8. Ordered by Judge Gary R. Brown on 10/6/2021. c/ecf (Johnston, Linda)
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| Filing 11 REPLY to Response to Motion re #10 Letter MOTION for pre motion conference for motion to compel arbitration; and motion to dismiss this action, or in the alternative, issue a stay pending resolution of Plaintiffs claims through arbitration filed by Maria Balbona. (Attachments: #1 Declaration, #2 Affidavit, #3 Exhibit, #4 Affidavit, #5 Exhibit) (Rosenberg, David) |
| Filing 10 Letter MOTION for pre motion conference for motion to compel arbitration; and motion to dismiss this action, or in the alternative, issue a stay pending resolution of Plaintiffs claims through arbitration by JFM Logistics Management Inc., JJS Transportation & Distribution Co, Inc., Joseph Sarcona, III. (Attachments: #1 Exhibit Exh. A - Dispute Resolution Policy, #2 Exhibit Exh. B - Handbook Acknowledgement, #3 Exhibit Exh. C - Audit Trail) (Shields, Ana) |
| Filing 9 Corporate Disclosure Statement by JFM Logistics Management Inc., JJS Transportation & Distribution Co, Inc. (Shields, Ana) |
| Filing 8 NOTICE of Appearance by Jacqueline Wild on behalf of JFM Logistics Management Inc., JJS Transportation & Distribution Co, Inc., Joseph Sarcona, III (aty to be noticed) (Wild, Jacqueline) |
| Filing 7 NOTICE of Appearance by Ana Shields on behalf of JFM Logistics Management Inc., JJS Transportation & Distribution Co, Inc., Joseph Sarcona, III (aty to be noticed) (Shields, Ana) |
| Filing 6 Summons Issued as to JFM Logistics Management Inc., JJS Transportation & Distribution Co, Inc., Joseph Sarcona, III. (Flanagan, Doreen) |
| Filing 5 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) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen) |
| Incorrect Case/Document Entry Information. Deleted Defendant Joseph Sarcona III and re-entered the Defendant to conform to the Complaint. Deleted Document Entry No. 1 (Complaint) and re-entered as against all Defendants. (Flanagan, Doreen) |
| Case Assigned to Judge Gary R. Brown and Magistrate Judge Steven I. Locke. 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) |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Maria Balbona. (Flanagan, Doreen) Modified on 8/25/2021 (Flanagan, Doreen). |
| FILING FEE: $ 402.00, receipt number ANYEDC-14780726 (Flanagan, Doreen) |
| Filing 3 Proposed Summons. Re #1 Complaint by Maria Balbona (Rosenberg, David) |
| Filing 2 Civil Cover Sheet.. by Maria Balbona (Rosenberg, David) |
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