Saros v. ESG Clean Energy LLC et al
| Peter Saros |
| ESG Clean Energy LLC and Scuderi Clean Energy, LLC |
| Nicholas Scuderi |
| 2:2021cv06105 |
| November 2, 2021 |
| US District Court for the Eastern District of New York |
| Denis R Hurley |
| Anne Y Shields |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Denial of Overtime Compensation |
| None |
Docket Report
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This docket was last retrieved on November 28, 2022. A more recent docket listing may be available from PACER.
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ORDER DISMISSING CASE in re: ORDER granting #28 Motion for Settlement.Ordered by Magistrate Judge Anne Y. Shields on 11/28/2022. (JT)
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| Filing 30 CONSENT to Jurisdiction by US Magistrate Judge Case reassigned to Magistrate Judge Anne Y. Shields for all further proceedings. Judge Eric N. Vitaliano no longer assigned to case. 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. (JT) |
| Case no longer referred to Magistrate Judge Anne Y. Shields. (JT) |
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ORDER granting #29 Motion to Withdraw as Attorney. Attorney Laura E. Longobardi terminated. So Ordered by Magistrate Judge Anne Y. Shields on 11/28/2022. (DM)
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ORDER granting #28 Motion for Settlement. Upon review of the Settlement Agreement [28-2], the Court finds the terms of the settlement are fair and reasonable consistent with the factors in Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). Therefore, the proposed Settlement Agreement is hereby SO ORDERED. The Clerk of the Court is directed to close the case. So Ordered by Magistrate Judge Anne Y. Shields on 11/28/2022. (DM)
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| Filing 29 MOTION to Withdraw as Attorney by ESG Clean Energy LLC(formerly Scuderi Clean Energy, LLC), Nicholas Scuderi. (Attachments: #1 Declaration, #2 Proposed Order) (Longobardi, Laura) |
| Filing 28 MOTION for Settlement Approval of a Fair Labor Standards Act Case by Peter Saros. (Attachments: #1 Memorandum in Support, #2 Exhibit A - Settlement Agreement, #3 Exhibit B - Estimated Calculation of Damages) (Williams, Keith) |
| Filing 27 CONSENT to Jurisdiction by US Magistrate Judge by Peter Saros. (Williams, Keith) |
| MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms, and must be signed by all participants, including the mediator. The signed confidentiality stipulation must be uploaded via the Courts website here: https://edny.app.box.com/f/1fabaa0a170b4fd293704738238fd876. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be submitted within two weeks following mediation session. (Mahoney, Brenna) |
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ORDER REFERRING CASE to Mediation. Upon counsels' joint request this case is respectfully referred to the EDNY Mediation program for a mediation to be completed by November 1, 2022. So Ordered by Magistrate Judge Anne Y. Shields on 9/2/2022. (Mucciaccio, Dina)
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| Filing 26 Letter Motion to Request Mediation and Joint Status Report by Peter Saros. (Williams, Keith) |
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ORDER granting #26 Motion to Request Mediation. Upon counsels' joint request this case is respectfully referred to the EDNY Mediation program for a mediation to be completed by Novemebr 1, 2022. So Ordered by Magistrate Judge Anne Y. Shields on 9/1/2022. (Mucciaccio, Dina)
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| Case randomly reassigned to Judge Eric N. Vitaliano. Judge Denis R. Hurley no longer assigned to the case. 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. (Florio, Lisa) |
| Filing 25 ANSWER to #23 Answer to Amended Complaint, Counterclaim by Peter Saros. (Williams, Keith) |
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SCHEDULING ORDER: In light of the filing of the initial letter, the initial conference scheduled for May 9, 2022 is CANCELED. Counsels' proposed FLSA discovery plan found at docket entry No. [24-1] is hereby ADOPTED and SO ORDERED as the FLSA Tier I Discovery Schedule for this case. Counsel are reminded that as per the Schedule, the joint status letter must be filed on September 6, 2022. So Ordered by Magistrate Judge Anne Y. Shields on 5/6/2022. (Mucciaccio, Dina)
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| Filing 24 Letter Joint Letter in Advance of the Initial Conference by Peter Saros (Attachments: #1 Proposed Order Order in FLSA Case Requiring Discovery and Setting Initial Pretrial Schedule) (Williams, Keith) |
| Filing 23 ANSWER to #21 Amended Complaint , COUNTERCLAIM against Peter Saros by Nicholas Scuderi, ESG Clean Energy LLC. (Longobardi, Laura) |
| Filing 22 STIPULATION re #21 Amended Complaint by Peter Saros (Williams, Keith) |
| Filing 21 AMENDED COMPLAINT Second Amended Complaint against ESG Clean Energy LLC, Nicholas Scuderi, filed by Peter Saros. (Williams, Keith) |
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ORDER. The stipulation found at docket entry No. #22 consenting to Plaintiff's filing of an amended complaint is hereby So ORDERED. The Amended Complaint found at docket entry No. #21 shall now be the operative complaint in this matter. So Ordered by Magistrate Judge Anne Y. Shields on 4/13/2022. (Mucciaccio, Dina)
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ORDER granting #20 Motion to Adjourn Conference. Upon counsel's request the telephonic intitial conference scheduled for April 18, 2022 is ADJOURNED to May 9, 2022 at 1:30 PM. Counsel are reminded that the joint initial letter and the proposed FLSA Discovery Schedule (which can be found as an appendix to the undersigned's initial rules) must be filed on ECF by May 5, 2022. So Ordered by Magistrate Judge Anne Y. Shields on 4/7/2022. (Mucciaccio, Dina)
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| Filing 20 Letter MOTION to Adjourn Conference on Consent by Peter Saros. (Williams, Keith) |
| Filing 19 ANSWER to #14 Amended Complaint , COUNTERCLAIM against Peter Saros by Nicholas Scuderi, ESG Clean Energy LLC. (Longobardi, Laura) |
| Filing 18 Corporate Disclosure Statement by ESG Clean Energy LLC, Nicholas Scuderi (Longobardi, Laura) |
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ORDER re #17 Letter: In response to this Court's order dated February 22, 2022, Defendants have withdrawn their request for a pre-motion conference regarding a motion to dismiss. They also no longer seek leave to make a motion to transfer venue at this time but reserve their right to do so in the future. Pursuant to the parties' stipulation, Defendants shall answer the #14 Amended Complaint on or before March 25, 2022. Further requests for an extension of time to answer shall be addressed to Magistrate Judge Shields. Ordered by Judge Denis R. Hurley on 3/7/2022. (Ready, John)
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| Filing 17 Letter by ESG Clean Energy LLC, Nicholas Scuderi (Attachments: #1 Stipulation) (Longobardi, Laura) |
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ORDER re #12 Letter, #14 Amended Complaint, #15 Letter: On or before March 4, 2022, Defendants shall file a letter response to Plaintiff's contention that the Amended Complaint's new allegations moots their request for leave to move to dismiss under Federal Rule of Civil Procedure 12(b)(3) or to transfer under 28 U.S.C. 1404. Ordered by Judge Denis R. Hurley on 2/22/2022. (Ready, John)
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| Filing 16 NOTICE of Appearance by Leah Frankel on behalf of ESG Clean Energy LLC, Nicholas Scuderi (aty to be noticed) (Frankel, Leah) |
| Filing 15 Letter in Response to Defendants' Pre-Motion Conference Letter, dated February 8, 2022 [D.E. 12] by Peter Saros (Williams, Keith) |
| Filing 14 AMENDED COMPLAINT against ESG Clean Energy LLC, Nicholas Scuderi, filed by Peter Saros. (Williams, Keith) |
| Filing 13 CERTIFICATE OF SERVICE by ESG Clean Energy LLC, Nicholas Scuderi re #12 Letter (Longobardi, Laura) |
| Filing 12 Letter by ESG Clean Energy LLC, Nicholas Scuderi (Longobardi, Laura) |
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Filing 11
ORDER: Initial Conference set for 4/18/2022 at 12:00 PM before Magistrate Judge Anne Y. Shields.The parties are directed to call the ATT teleconferencing center at (877) 810-9415 and to enter Access Code 9005911 when prompted. See order and attachments. So Ordered by Magistrate Judge Anne Y. Shields on 1/21/2022. (Attachments: #1 AYS Rules, #2 Joint Letter Requirements, #3 FLSA Form) (Torres, Jasmine)
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ORDER granting #10 Motion for Extension of Time to Answer re #10 Second MOTION for Extension of Time to File Answer. Defendants ESG Clean Energy LLC and Nicholas Scuderi's time answer or otherwise respond to the Complaint is EXTENDED to 2/8/2022. So Ordered by Magistrate Judge Anne Y. Shields on 1/18/2022. (Mucciaccio, Dina)
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| Filing 10 Second MOTION for Extension of Time to File Answer re #4 Summons Issued, #1 Complaint, by ESG Clean Energy LLC, Nicholas Scuderi. (Attachments: #1 Stipulation Regarding Service of Process and Time to Respond to Summons and Complaint) (Longobardi, Laura) |
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ORDER granting #9 Motion for Extension of Time to Answer re #9 Letter MOTION for Extension of Time to File Answer re #1 Complaint. Defendants ESG Clean Energy LLC and Nicholas Scuderi's time answer or otherwise respond to the Complaint is EXTENDED to 1/18/2022. So Ordered by Magistrate Judge Anne Y. Shields on 12/17/2021. (Mucciaccio, Dina)
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| Filing 9 Letter MOTION for Extension of Time to File Answer re #1 Complaint, by ESG Clean Energy LLC, Nicholas Scuderi. (Attachments: #1 Proposed Stipulation and Order) (Faul, Regina) |
| Filing 8 NOTICE of Appearance by Laura E. Longobardi on behalf of ESG Clean Energy LLC, Nicholas Scuderi (aty to be noticed) (Longobardi, Laura) |
| Filing 7 NOTICE of Appearance by Regina Elaine Faul on behalf of ESG Clean Energy LLC, Nicholas Scuderi (aty to be noticed) (Faul, Regina) |
| Filing 6 SUMMONS Returned Executed by Peter Saros. ESG Clean Energy LLC served on 11/4/2021, answer due 11/25/2021. (Williams, Keith) |
| Filing 5 SUMMONS Returned Executed by Peter Saros. Nicholas Scuderi served on 11/5/2021, answer due 11/26/2021. (Williams, Keith) |
| Filing 4 Summons Issued as to All Defendants. (Jakubowski, Laura) |
| 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. (Jakubowski, Laura) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Jakubowski, Laura) |
| Case Assigned to Judge Denis R. Hurley and Magistrate Judge Anne Y. Shields. 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. (Jakubowski, Laura) |
| Filing 1 COMPLAINT against ESG Clean Energy LLC, Nicholas Scuderi filing fee $ 402, receipt number ANYEDC-14993963 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Peter Saros. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet) (Williams, Keith) |
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