St. John v. Adesa, Inc.
| Anderson St. John |
| Adesa, Inc. |
| 2:2022cv01257 |
| March 8, 2022 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Anne Y Shields |
| Labor: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| None |
Docket Report
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This docket was last retrieved on September 21, 2023. A more recent docket listing may be available from PACER.
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ORDER granting #28 Motion to Adjourn Conference. The initial conference scheduled for October 25, 2022 is ADJOURNED. Within five (5) days of a decision on the pending motion to dismiss, counsel are directed to submit a joint letter requesting an initial conference, if necessary. So Ordered by Magistrate Judge Anne Y. Shields on 10/20/2022. (DM)
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Filing 28
MOTION to Adjourn Conference by Anderson St. John. (Nussbaum, Josef)
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Filing 27
AFFIDAVIT/DECLARATION in Support re #21 Notice of MOTION to Dismiss Complaint filed by Adesa, Inc.. (Attachments: #1 Exhibit A) (Freedberg, Eli)
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Filing 26
REPLY in Support of Defendant's Motion to Dismiss Complaint filed by Adesa, Inc.. (Freedberg, Eli)
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Filing 25
MEMORANDUM in Opposition to Defendant's Motion to Dismiss Complaint filed by Adesa, Inc.. (Freedberg, Eli)
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Filing 24
AFFIDAVIT/DECLARATION in Support re #21 Notice of MOTION to Dismiss Complaint filed by Adesa, Inc.. (Attachments: #1 Exhibit A) (Freedberg, Eli)
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Filing 23
AFFIDAVIT/DECLARATION in Support re #21 Notice of MOTION to Dismiss Complaint filed by Adesa, Inc.. (Freedberg, Eli)
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Filing 22
MEMORANDUM in Support of Defendant's Motion to Dismiss Complaint filed by Adesa, Inc.. (Freedberg, Eli)
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Filing 21
Notice of MOTION to Dismiss Complaint by Adesa, Inc.. (Freedberg, Eli)
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Filing 20
NOTICE of Appearance by Josef Nussbaum on behalf of Anderson St. John (aty to be noticed) (Nussbaum, Josef)
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ORDER granting #19 Motion to Adjourn Conference. Upon counsels' joint request the telephonic initial conference scheduled for August 8, 2022 is ADJOURNED to October 25, 2022 at 11:00 AM. Counsel are reminded that the joint initial letter and proposed discovery worksheet must be submitted by October 20, 2022. So Ordered by Magistrate Judge Anne Y. Shields on 8/3/2022. (Mucciaccio, Dina)
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Filing 19
Letter MOTION to Adjourn Conference Currently Scheduled for August 8, 2022 by Adesa, Inc.. (Freedberg, Eli)
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Filing 18
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on June 29, 2022, before Judge Gary R. Brown. Transcriber Tracy Gribben Transcription LLC, Telephone number 732-263-0044. Email address: Tracy@TGribbenTranscription.com. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/26/2022. Redacted Transcript Deadline set for 8/5/2022. Release of Transcript Restriction set for 10/3/2022. (Santana, Kristiny) Modified on 7/18/2022 to correct the name of the transcriber and their contact information. (Santana, Kristiny).
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Filing 17
Minute Entry for proceedings held before Judge Gary R. Brown: Telephone Pre Motion Conference held on 6/29/2022: Counsel for all sides present. Other: Motion denied in part. Parties will brief the LLC issue, brief due 7/20, response due 8/26, reply 10 days later. SEE ATTACHED. (FTR Log #2:15-2:36.) (Cubano, Jazmin)
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ORDER: Upon reconsideration, the Courts denial of defendants motion to dismiss based on the lack of a private right of action under the New York Labor Law is hereby vacated and decision is reserved until after this Court is satisfied that it has jurisdiction. Ordered by Judge Gary R. Brown on 6/29/2022. c/ecf (Cowan, Timothy)
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Filing 16
Letter in response to Defendant's request for pre-motion conference by Anderson St. John (Schulman, Denise)
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ORDER granting #15 Motion for Pre Motion Conference. A pre-motion telephone conference is scheduled for June 29, 2022 at 2:00 PM before Judge Gary R. Brown, at which time the parties should be prepared to address Defendant's anticipated motion pursuant to Rule 12 of the Federal Rules of Civil Procedure, DE 15. 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. Plaintiff is directed to respond to DE 15 in accordance with the undersigned's individual rules by May 24, 2022. 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 5/9/2022. c/ecf (Tahbaz, Joseph)
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Filing 15
Letter MOTION for pre motion conference to address anticipated motion to dismiss Complaint by Adesa, Inc.. (Freedberg, Eli)
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ORDER granting #14 Motion for Extension of Time to Answer. Defendant Adesa, Inc.'s time to answer or otherwise respond to the Complaint is EXTENDED to 5/6/2022. So Ordered by Magistrate Judge Anne Y. Shields on 5/6/2022. (Mucciaccio, Dina)
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Filing 14
First MOTION for Extension of Time to File Answer by Adesa, Inc.. (Freedberg, Eli)
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Filing 13
MEMORANDUM in Opposition re #10 Response to Order to Show Cause filed by Adesa, Inc.. (Attachments: #1 Declaration Declaration of Eli Z. Freedberg, #2 Exhibit Exhibit A) (Freedberg, Eli)
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Filing 12
NOTICE of Appearance by Miguel A. Lopez on behalf of Adesa, Inc. (aty to be noticed) (Lopez, Miguel)
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Filing 11
NOTICE of Appearance by Eli Z. Freedberg on behalf of Adesa, Inc. (aty to be noticed) (Freedberg, Eli)
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Filing 10
RESPONSE TO ORDER TO SHOW CAUSE by Anderson St. John (Attachments: #1 Declaration Declaration of Denise A. Schulman, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2) (Schulman, Denise)
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Filing 9
SUMMONS Returned Executed by Anderson St. John. Adesa, Inc. served on 3/16/2022, answer due 4/6/2022. (Kirschenbaum, Daniel)
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ORDER TO SHOW CAUSE: In light of Rosario v. Icon Burger Acquisition LLC, 21-cv-4313 (JS)(ST), 2022 WL 198503 (E.D.N.Y. Jan. 21, 2022) and the cases cited therein, plaintiff is directed to Show Cause why this matter should not be dismissed for failure to plausibly allege standing. Counsel for plaintiff is to respond within one week of this order. Counsel for defendant may respond five days thereafter. Ordered by Judge Gary R. Brown on 3/17/2022. c/ecf (Cowan, Timothy)
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Filing 8
ORDER: Initial Conference set for 8/8/2022 at 11:30 AM before Magistrate Judge Anne Y. Shields.The parties are directed to call the ATTteleconferencing center at (877) 810-9415 and to enter Access Code9005911 when prompted. See order and attachments. So Ordered by Magistrate Judge Anne Y. Shields on 3/16/2022. (Attachments: #1 AYS Rules, #2 Joint Letter Requirements) (Torres, Jasmine)
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Filing 7
Summons Issued as to Adesa, Inc. (Jakubowski, Laura)
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Filing 6
Proposed Summons. Re #1 Complaint by Anderson St. John (Kirschenbaum, Daniel)
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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. (Jakubowski, Laura)
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Filing 4
NOTICE of Appearance by Denise Andrea Schulman on behalf of Anderson St. John (aty to be noticed) (Schulman, Denise)
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Filing 3
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Additional attachment(s) added on 3/8/2022: #1 Additional Corrections) (Jakubowski, Laura).
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Filing 2
Proposed Summons.Civil Cover Sheet.. Re #1 Complaint by Anderson St. John (Attachments: #1 Proposed Summons) (Kirschenbaum, Daniel)
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Filing 1
COMPLAINT against Adesa, Inc. Was the Disclosure Statement on Civil Cover Sheet completed -No filing fee $ 402, receipt number ANYEDC-15355330, filed by Anderson St. John. (Kirschenbaum, Daniel) Modified on 3/8/2022 (Jakubowski, Laura).
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Case Assigned to Judge Gary R. Brown 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)
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Your proposed summons was not issued for the following reason: The section that reads "The answer or motion must be served on plaintiff or plaintiff's attorney, whose name and address are:" has not be completed. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (Jakubowski, Laura)
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| Plaintiff: Anderson St. John | |
| Represented By: | Daniel Maimon Kirschenbaum |
| Represented By: | Denise Andrea Schulman |
| Represented By: | Josef Nussbaum |
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| Defendant: Adesa, Inc. | |
| Represented By: | Eli Z. Freedberg |
| Represented By: | Miguel A. Lopez |
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