Burton et. al. v. Intercontinental Capital Group, Inc.
| Tiffany Burton, DENISA MESCOVIC, WHITNEY HELEM, NATALIA LYNN KENNEDY, Corrine Lucas, COURTNEY KAMARA, BRITTANY HARRIS, ANN ROBERTS, JANEL TURNER, ANDREA GRONDA, BENGINETTE PERRY, Denisa Meskovic, Corrinda Crockett, Jason Stefano, Alyssa Sullivan, Prixie Dinkens, Sarah Duncan, Yodit Estafanos, Anthony Galasso, Philistra Pulchand and Shannon Passwaiter |
| Intercontinental Capital Group Inc. and Intercontinental Capital Group, Inc. |
| 2:2022cv00691 |
| February 7, 2022 |
| US District Court for the Eastern District of New York |
| Arlene R Lindsay |
| Eric N Vitaliano |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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ORDER granting #38 Motion for Discovery. In light of the representation regarding the potential for settlement of this action, the scheduling order is modified as follows: ICG to produce documents responsive to Plaintiffs request by June 9, 2023. ICG to produce financial information to Plaintiffs by June 15, 2023. ICG to produce witness still employed by ICG by June 30, 2023. ICG will provide last known addresses for former ICG employees not in its control. All discovery, inclusive of expert discovery, to be concluded by August 15, 2023. Any party planning on making a dispositive motion must take the first step in the motion process by September 14, 2023. The parties are to electronically file a joint proposed pretrial order in compliance with the district judge's individual rules, signed by counsel for each party, on or before October 6, 2023. The August 22, 2023, final conference is adjourned to October 10, 2023 at 12:00 p.m. The Court will initiate the conference call. The call in instructions are as follows: The parties are directed to dial (888) 684-8852 prior to the scheduled time to access the call center. At the prompt enter access code 7625765. Ordered by Magistrate Judge Arlene R. Lindsay on 5/10/2023. (BJ)
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| Filing 38 MOTION for Discovery extend deadlines 30 days pending settlement by Tiffany Burton, Corrinda Crockett, Prixie Dinkens, Sarah Duncan, Yodit Estafanos, Anthony Galasso, Andrea Gronda, Brittany Harris, Whitney Helem, Courtney Kamara, Natalia Lynn Kennedy, Corrine Lucas, Denisa Meskovic, Shannon Passwaiter, Benginette Perry, Philistra Pulchand, Ann Roberts, Jason Stefano, Alyssa Sullivan, Janel Turner. (Santagata, Justin) |
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ORDER re #37 : The scheduling order is modified as follows: ICG to produce documents responsive to Plaintiffs request by April 21, 2023. ICG to produce financial information to Plaintiffs by May 1, 2023. ICG to produce witness still employed by ICG by May 15, 2023. ICG will provide last known addresses for former ICG employees not in its control. All discovery, inclusive of expert discovery, to be concluded by June 30, 2023. Any party planning on making a dispositive motion must take the first step in the motion process by July 24, 2023. The parties are to electronically file a joint proposed pretrial order in compliance with the district judge's individual rules, signed by counsel for each party, on or before August 18, 2023. The May 30, 2023, final conference is adjourned to August 22, 2023 at 12:00 p.m. The Court will initiate the conference call. The call in instructions are as follows: The parties are directed to dial (888) 684-8852 prior to the scheduled time to access the call center. At the prompt enter access code 7625765. Ordered by Magistrate Judge Arlene R. Lindsay on 4/10/2023. c/ecf (RI)
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| Filing 37 Proposed Scheduling Order by Intercontinental Capital Group, Inc. (Batista, Katharine) Modified on 4/10/2023 (RI). |
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ORDER withdrawing #34 Motion to Strike and for Sanctions. Ordered by Magistrate Judge Arlene R. Lindsay on 3/30/2023. (BJ)
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ORDER terminating #36 Motion for Order to Show Cause. In light of the parties' representations regarding the status of discovery and potential for resolution, the parties are directed to submit a proposed schedule for the completion of discovery no later than April 7, 2023. Ordered by Magistrate Judge Arlene R. Lindsay on 3/30/2023. (BJ)
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| Filing 36 MOTION for Order to Show Cause by Intercontinental Capital Group, Inc.. (Attachments: #1 Exhibit Exhibit A - Proof of Service) (Batista, Katharine) |
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Filing 35
ORDER TO SHOW CAUSE: See the attached Order for details. (Show Cause Response due by 3/31/2023). Ordered by Magistrate Judge Arlene R. Lindsay on 3/22/2023. c/ecf (RI)
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SCHEDULING ORDER: A telephone conference is scheduled for March 21, 2023 at 2:00 p.m. The Court will initiate the conference. The call in instructions are as follows: The dial in number is (888) 684-8852. At the prompt enter access code 7625765Ordered by Magistrate Judge Arlene R. Lindsay on 3/19/2023. (BJ)
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| Filing 34 Letter MOTION to Strike #32 Reply in Support,, , Letter MOTION for Sanctions by Tiffany Burton, Corrinda Crockett, Prixie Dinkens, Sarah Duncan, Yodit Estafanos, Anthony Galasso, Andrea Gronda, Brittany Harris, Whitney Helem, Courtney Kamara, Natalia Lynn Kennedy, Corrine Lucas, Denisa Meskovic, Shannon Passwaiter, Benginette Perry, Philistra Pulchand, Ann Roberts, Jason Stefano, Alyssa Sullivan, Janel Turner. (Santagata, Justin) |
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ORDER granting #33 Unopposed Motion for Discovery. The Scheduling Order is modified as follows: All discovery, inclusive of expert discovery, to be concluded by April 28, 2023. Any party planning on making a dispositive motion must take the first step in the motion process by May 12, 2023. The parties are to electronically file a joint proposed pretrial order in compliance with the district judge's individual rules, signed by counsel for each party, on or before May 26, 2023. The final conference scheduled for April 11, 2023 is adjourned to May 30, 2023 at 11:00 a.m. by telephone. (BJ)
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| Filing 33 Second MOTION for Discovery by Tiffany Burton, Corrinda Crockett, Prixie Dinkens, Sarah Duncan, Yodit Estafanos, Anthony Galasso, Andrea Gronda, Brittany Harris, Whitney Helem, Courtney Kamara, Natalia Lynn Kennedy, Corrine Lucas, Denisa Meskovic, Shannon Passwaiter, Benginette Perry, Philistra Pulchand, Ann Roberts, Jason Stefano, Alyssa Sullivan, Janel Turner. (Santagata, Justin) |
| Filing 32 REPLY in Support re #26 Amended Complaint, [Reply Memorandum in Further Support of Defendant's Motion to Dismiss the Amended Complaint for Failure to State a Claim] filed by Intercontinental Capital Group, Inc.. (Attachments: #1 Defendant's Partial Motion to Dismiss Plaintiffs' Fifth Amended Complaint, #2 Defendant's Memorandum in Support of Partial Motion to Dismiss, #3 Exhibit A to ICG's Memorandum in Support of Partial Motion to Dismiss, #4 Exhibit B to ICG's Memorandum in Support of Partial Motion to Dismiss, #5 Plaintiffs' Opposition Brief to Defendant's Partial Motion to Dismiss) (Batista, Katharine) Modified on 3/22/2023- As directed by ARL Chambers the docket event type has been modified from Reply TO Motion to Dismiss. (GO). |
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ORDER granting #31 Motion for Extension of Time to File Response/Reply re Motion to Dismiss. Ordered by Judge Eric N. Vitaliano on 12/9/2022. (SW)
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ORDER finding as moot #29 Motion for Extension of Time to File Response/Reply in light of 12/9/2022 order. Ordered by Judge Eric N. Vitaliano on 12/9/2022. (SW)
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| Filing 31 Consent MOTION for Extension of Time to File Response/Reply in Support of Moton to Dismiss by Intercontinental Capital Group, Inc.. (Batista, Katharine) |
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Filing 30
ORDER re #28 : see the attached Order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 11/22/2022. c/ecf (RI)
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| Filing 29 Consent MOTION for Extension of Time to File Response/Reply as to Order on Motion for Extension of Time to Answer, by Tiffany Burton, Corrinda Crockett, Prixie Dinkens, Sarah Duncan, Yodit Estafanos, Anthony Galasso, Andrea Gronda, Brittany Harris, Whitney Helem, Courtney Kamara, Natalia Lynn Kennedy, Corrine Lucas, Denisa Meskovic, Shannon Passwaiter, Benginette Perry, Philistra Pulchand, Ann Roberts, Jason Stefano, Alyssa Sullivan, Janel Turner. (Santagata, Justin) |
| Filing 28 MOTION for Discovery by Tiffany Burton, Corrinda Crockett, Prixie Dinkens, Sarah Duncan, Yodit Estafanos, Anthony Galasso, Andrea Gronda, Brittany Harris, Whitney Helem, Courtney Kamara, Natalia Lynn Kennedy, Corrine Lucas, Denisa Meskovic, Shannon Passwaiter, Benginette Perry, Philistra Pulchand, Ann Roberts, Jason Stefano, Alyssa Sullivan, Janel Turner. (Santagata, Justin) |
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ORDER terminating #27 Motion to Dismiss for Failure to State a Claim. Pursuant to the Court's Individual Rule III.D (the "Bundling Rule"), "no motion paper shall be filed until the motion has been fully briefed." Since briefing for defendant's motion to dismiss is not yet complete, defendant's submissions at #27 fail to comply with the Bundling Rule. Accordingly, the motion at #27 is terminated, and the parties are directed to review the Court's Individual Rules. Defendant shall refile its motion papers in accordance with the Bundling Rule and the Court's 9/29/2022 order. Ordered by Judge Eric N. Vitaliano on 10/17/2022. (SW)
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| Filing 27 MOTION to Dismiss for Failure to State a Claim by Intercontinental Capital Group, Inc.. (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Exhibit) (Batista, Katharine) |
| Filing 26 AMENDED COMPLAINT (Fifth) against Intercontinental Capital Group, Inc., filed by Courtney Kamara, Natalia Lynn Kennedy, Sarah Duncan, Denisa Meskovic, Prixie Dinkens, Benginette Perry, Ann Roberts, Tiffany Burton, Corrinda Crockett, Andrea Gronda, Corrine Lucas, Janel Turner, Philistra Pulchand, Jason Stefano, Whitney Helem, Brittany Harris, Anthony Galasso, Yodit Estafanos, Alyssa Sullivan, Shannon Passwaiter. (Santagata, Justin) |
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ORDER: In light of Document #25 Document #24 is deemed withdrawn. Ordered by Magistrate Judge Arlene R. Lindsay on 9/29/2022. c/ecf (Imrie, Robert)
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ORDER granting #25 . Plaintiffs shall file the amended complaint no later than October 4, 2022; Defendants' time to answer, move against or otherwise respond to the amended complaint is extended until October 14, 2022. In the event of a pre-answer motion the briefing schedule set forth by the parties is adopted by the Court. Ordered by Magistrate Judge Arlene R. Lindsay on 9/29/2022. (Jacobwitz, Beth)
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| Filing 25 Consent MOTION for Extension of Time to File Answer by Intercontinental Capital Group, Inc.. (Batista, Katharine) |
| Filing 24 MOTION to Amend/Correct/Supplement #13 Amended Complaint, in advance of 9/30 motion to dismiss by Tiffany Burton, Corrinda Crockett, Prixie Dinkens, Sarah Duncan, Yodit Estafanos, Anthony Galasso, Andrea Gronda, Brittany Harris, Whitney Helem, Courtney Kamara, Natalia Lynn Kennedy, Corrine Lucas, Denisa Meskovic, Shannon Passwaiter, Benginette Perry, Philistra Pulchand, Ann Roberts, Jason Stefano, Alyssa Sullivan, Janel Turner. (Attachments: #1 clean amended, #2 redline amended) (Santagata, Justin) |
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ORDER. The parties' proposed briefing schedule at #23 is adopted. Defendant shall serve its motion to dismiss by September 30, 2022. Plaintiffs shall serve their response by October 30, 2022. Defendant shall serve its reply by November 10, 2022. The fully-briefed motion shall be filed on ECF in accordance with the "Bundling Rule" (Individual Rule III.D) no later than November 17, 2022. Ordered by Judge Eric N. Vitaliano on 8/26/2022. (Fumelli, Alexander)
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| Filing 23 Proposed Scheduling Order (Joint) by Intercontinental Capital Group, Inc. (Batista, Katharine) |
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ORDER denying #14 Motion for Pre Motion Conference. Having reviewed the parties' submissions, the Court concludes that a pre-motion conference is unnecessary. Nonetheless, defendant may proceed with its partial motion to dismiss. The parties shall file a joint proposed briefing schedule on or before September 6, 2022. Ordered by Judge Eric N. Vitaliano on 8/23/2022. (Fumelli, Alexander)
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ORDER re #22 : The substitution of Firms for counsel Justin Santagata is approved. Ordered by Magistrate Judge Arlene R. Lindsay on 7/27/2022. c/ecf (Imrie, Robert)
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| Filing 22 NOTICE of Change of Firm substitution of attorney Once the filing has been made, you must login to www.pacer.gov and update your account. (Santagata, Justin) |
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ORDER re #21 : The Scheduling Order is modified as follows: The deadline for filing motion for joinder of additional parties or amendment of pleadings is September 30, 2022. All discovery, inclusive of expert discovery, to be concluded by February 17, 2023. Any party planning on making a dispositive motion must take the first step in the motion process by March 17, 2023. The parties are to electronically file a joint proposed pretrial order in compliance with the district judge's individual rules, signed by counsel for each party, on or before April 7, 20223 A final conference is scheduled for April 11, 2023 at 11:00 a.m. by telephone. The Court will initiate the conference call. The call in instructions are as follows: The parties are directed to dial (888) 684-8852 prior to the scheduled time to access the call center. At the prompt enter access code 7625765. Ordered by Magistrate Judge Arlene R. Lindsay on 7/14/2022. c/ecf (Imrie, Robert)
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| Filing 21 Proposed Scheduling Order on consent by Tiffany Burton, Corrinda Crockett, Prixie Dinkens, Sarah Duncan, Yodit Estafanos, Anthony Galasso, Andrea Gronda, Brittany Harris, Whitney Helem, Courtney Kamara, Natalia Lynn Kennedy, Corrine Lucas, Denisa Meskovic, Shannon Passwaiter, Benginette Perry, Philistra Pulchand, Ann Roberts, Jason Stefano, Alyssa Sullivan, Janel Turner (Santagata, Justin) |
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Filing 20
ORDER re #18 : See the attached Order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 6/27/2022. c/ecf (Imrie, Robert)
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| Filing 19 RESPONSE to Motion re #18 Letter MOTION to Stay Discovery Protocols and Request Pre-Motion Conference filed by All Plaintiffs. (Santagata, Justin) |
| Document #16 terminated. (Imrie, Robert) |
| Filing 18 Letter MOTION to Stay Discovery Protocols and Request Pre-Motion Conference by Intercontinental Capital Group, Inc.. (Batista, Katharine) |
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Filing 17
FLSA INITIAL DISCOVERY and MEDIATION ORDER: See the attached Order for details.Status Report due by 9/13/2022. Ordered by Magistrate Judge Arlene R. Lindsay on 6/21/2022. c/ecf (Imrie, Robert)
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| Filing 16 Letter MOTION for Discovery FRCP 16 initial conference by Tiffany Burton, Corrinda Crockett, Prixie Dinkens, Sarah Duncan, Yodit Estafanos, Anthony Galasso, Andrea Gronda, Brittany Harris, Whitney Helem, Courtney Kamara, Natalia Lynn Kennedy, Corrine Lucas, Denisa Meskovic, Shannon Passwaiter, Benginette Perry, Philistra Pulchand, Ann Roberts, Jason Stefano, Alyssa Sullivan, Janel Turner. (Santagata, Justin) |
| Filing 15 RESPONSE to Motion re #14 Letter MOTION for pre motion conference re #13 Amended Complaint, Partial Motion to Dismiss cross-request to move for partial SJ filed by All Plaintiffs. (Santagata, Justin) |
| Filing 14 Letter MOTION for pre motion conference re #13 Amended Complaint, Partial Motion to Dismiss by Intercontinental Capital Group, Inc.. (Batista, Katharine) |
| Filing 13 AMENDED COMPLAINT (Third) against Intercontinental Capital Group, Inc., filed by Courtney Kamara, Natalia Lynn Kennedy, Sarah Duncan, Denisa Meskovic, Prixie Dinkens, Benginette Perry, Ann Roberts, Tiffany Burton, Corrinda Crockett, Andrea Gronda, Corrine Lucas, Janel Turner, Philistra Pulchand, Jason Stefano, Whitney Helem, Brittany Harris, Anthony Galasso, Yodit Estafanos, Alyssa Sullivan, Shannon Passwaiter. (Santagata, Justin) |
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ORDER granting #12 Motion for Extension of Time to Answer and Extension of Time to File Third Amended Complaint. The time for Plaintiffs to file the Third Amended Complaint is extended until April 21, 2022. Defendant shall answer, move against or otherwise respond to the Third Amended Complaint no later than April 28, 2022. Ordered by Magistrate Judge Arlene R. Lindsay on 4/15/2022. (Jacobwitz, Beth)
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| Filing 12 Consent MOTION for Extension of Time to File Answer to Third Amended Complaint, Consent MOTION for Extension of Time to Amend and File Third Amended Complaint by Intercontinental Capital Group, Inc.. (Batista, Katharine) |
| Filing 11 AMENDED COMPLAINT (Second) against Intercontinental Capital Group, Inc., filed by Courtney Kamara, Natalia Lynn Kennedy, Sarah Duncan, Denisa Meskovic, Prixie Dinkens, Benginette Perry, Ann Roberts, Tiffany Burton, Corrinda Crockett, Andrea Gronda, Corrine Lucas, Janel Turner, Jason Stefano, Whitney Helem, Brittany Harris, Alyssa Sullivan, Yodit Estafanos, Anthony Galasso, Philistra Pulchand. (Santagata, Justin) |
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ORDER granting #9 #10 Motion to Amend/Correct/Supplement. Plaintiffs' amended complaint shall be filed by March 11, 2022. Defendant shall answer, move against or otherwise respond to the amended complaint no later than April 14, 2022. Ordered by Magistrate Judge Arlene R. Lindsay on 3/10/2022. (Jacobwitz, Beth)
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| Filing 10 MOTION to Amend/Correct/Supplement #6 Amended Complaint, #9 MOTION to Amend/Correct/Supplement #6 Amended Complaint, letter request per individual rules superseding ECF 9 by consent order by Tiffany Burton, Corrinda Crockett, Prixie Dinkens, Sarah Duncan, Andrea Gronda, Brittany Harris, Whitney Helem, Courtney Kamara, Natalia Lynn Kennedy, Corrine Lucas, Denisa Meskovic, Benginette Perry, Ann Roberts, Jason Stefano, Alyssa Sullivan, Janel Turner. (Attachments: #1 Proposed Order by consent) (Santagata, Justin) |
| Filing 9 MOTION to Amend/Correct/Supplement #6 Amended Complaint, letter request per individual rules by Tiffany Burton, Corrinda Crockett, Prixie Dinkens, Sarah Duncan, Andrea Gronda, Brittany Harris, Whitney Helem, Courtney Kamara, Natalia Lynn Kennedy, Corrine Lucas, Denisa Meskovic, Benginette Perry, Ann Roberts, Jason Stefano, Alyssa Sullivan, Janel Turner. (Santagata, Justin) |
| Filing 8 SUMMONS Returned Executed by Courtney Kamara, Natalia Lynn Kennedy, Sarah Duncan, Denisa Meskovic, Prixie Dinkens, Benginette Perry, Ann Roberts, Tiffany Burton, Corrinda Crockett, Andrea Gronda, Corrine Lucas, Janel Turner, Jason Stefano, Whitney Helem, Brittany Harris, Alyssa Sullivan. Intercontinental Capital Group, Inc. served on 2/16/2022, answer due 3/9/2022. (Santagata, Justin) |
| Filing 7 NOTICE of Appearance by Katharine Batista on behalf of Intercontinental Capital Group, Inc. (aty to be noticed) (Batista, Katharine) |
| Filing 6 AMENDED COMPLAINT against All Defendants, filed by Courtney Kamara, Natalia Lynn Kennedy, Denisa Meskovic, Benginette Perry, Ann Roberts, Tiffany Burton, Andrea Gronda, Corrine Lucas, Janel Turner, Whitney Helem, Brittany Harris, Corrinda Crockett, Jason Stefano, Alyssa Sullivan, Prixie Dinkens, Sarah Duncan. (Santagata, Justin) |
| Filing 5 Summons Issued as to Intercontinental Capital Group, Inc.. (Flanagan, Doreen) |
| Filing 4 Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates that Case No. 2:22-cv-00591 (JMA)(ARL) is a related case. (Flanagan, Doreen) |
| 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. (Flanagan, Doreen) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen) |
| Case Assigned to Judge Eric N. Vitaliano and Magistrate Judge Arlene R. Lindsay. 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) |
| Incorrect Case/Document Entry Information. Deleted Defendant Intercontinental Capital Group Inc. and added Defendant Intercontinental Capital Group, Inc. to conform to the Complaint. Deleted Document Entry No. 1 (Complaint, Civil Cover Sheet and Proposed Summons) and re-entered as against Defendant. (Flanagan, Doreen) |
| Filing 1 COMPLAINT for violation of FLSA, WARN against Intercontinental Capital Group, Inc. Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Courtney Kamara, Whitney Helem, Brittany Harris, Natalia Lynn Kennedy, Denisa Meskovic, Benginette Perry, Ann Roberts, Tiffany Burton, Andrea Gronda, Corrine Lucas, Janel Turner. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Flanagan, Doreen) |
| FILING FEE: $ 402.00, receipt number ANYEDC-15267401 (Flanagan, Doreen) |
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