Guzman et al v. Bactolac Pharmaceutical, Inc. et al
| Carlos Guzman and Manuel De Jesus Vasquez |
| Bactolac Pharmaceutical, Inc., Choice Long Island, Inc., Steven Klein and Harold Robbins |
| 2:2022cv04651 |
| August 8, 2022 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| Steven Tiscione |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| None |
Docket Report
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In light of the District Court's ruling to stay this case, the initial conference scheduled for December 8th is adjourned without date. So Ordered by Magistrate Judge Steven Tiscione on 12/7/2022. (LV)
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ORDER terminating #23 Motion for Pre Motion Conference; terminating #24 Motion for Pre Motion Conference; terminating #26 Motion for Leave to File; ORDER STAYING CASE. The Court waives its pre-motion conference requirement, construes Defendants' letters (ECF Nos. 23, 24, 26) as motions to stay and Plaintiffs' responses (ECF Nos. 25, 27) as opposition papers. See Individual Rule IV.B. Upon consideration of the parties' motion papers, the Court finds that the relevant factors set forth in Colorado River Conservation District v. U.S., 424 U.S. 800 (1976), weigh in favor of a stay. Accordingly, the Court hereby STAYS this case pending resolution of the parallel state action (Index No. 602277/2021). The parties are directed to file a status report upon resolution of the state action. Ordered by Judge Joan M. Azrack on 11/22/2022. (SP)
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| Filing 27 RESPONSE to Motion re #26 MOTION for Leave to File Document filed by All Plaintiffs. (Moser, Steven) |
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ORDER: On November 8, 2022, Defendants Steven Klein and Harold Robbins filed a letter requesting a pre-motion conference regarding a proposed motion to dismiss (ECF No. 26). Under the Court's Individual Rules, Plaintiffs' response to Defendants' pre-motion conference letter was due on November 15, 2022. Plaintiffs have not yet responded. Accordingly, Plaintiffs are directed to respond to ECF No. 26, in a letter not to exceed three pages, by November 18, 2022. Ordered by Judge Joan M. Azrack on 11/16/2022. (SP)
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| Filing 26 MOTION for Leave to File Document by Steven Klein, Harold Robbins. (Bennett, Alan) |
| Filing 25 RESPONSE to Motion re #24 Letter MOTION for pre motion conference , #23 Letter MOTION for pre motion conference filed by Carlos Guzman, Manuel De Jesus Vasquez. (Moser, Steven) |
| Filing 24 Letter MOTION for pre motion conference by Choice Long Island, Inc.. (Koop Irwin, Katherine) |
| Filing 23 Letter MOTION for pre motion conference by Bactolac Pharmaceutical, Inc.. (Shenker, Brian) |
| Filing 22 NOTICE of Appearance by Yogendra Patel on behalf of Steven Klein, Harold Robbins (aty to be noticed) (Patel, Yogendra) |
| Filing 21 NOTICE of Appearance by Neal Shah on behalf of Choice Long Island, Inc. (aty to be noticed) (Shah, Neal) |
| Filing 20 First MOTION for Extension of Time to File Answer by Steven Klein, Harold Robbins. (Bennett, Alan) |
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ORDER granting #18 Motion for Leave to Appear Pro Hac Vice. ; granting #19 Motion for Reconsideration re #18 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16000364. filed by Choice Long Island, Inc., #19 MOTION for Reconsideration re #18 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16000364. filed by Choice Long Island, Inc. Having reviewed the Pro Hac Vice application #18 submitted by Neal Shah for Defendant Choice Long Island, Inc. and found it to be in compliance with the local rules concerning attorney admissions, the application is approved. If not already done, the attorney shall register for ECF which is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notifications of activity in this case. The attorney shall ensure that the $150 admission fee is submitted or has been submitted to the Clerk's Office. So Ordered by Magistrate Judge Steven Tiscione on 10/12/2022. (LV)
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ORDER granting #20 Motion for Extension of Time to Answer re #20 First MOTION for Extension of Time to File Answer Steven Klein answer due 11/11/2022; Harold Robbins answer due 11/11/2022. So Ordered by Magistrate Judge Steven Tiscione on 10/12/2022. (LV)
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| Filing 19 MOTION for Reconsideration re #18 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16000364. by Choice Long Island, Inc.. (Koop Irwin, Katherine) |
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ORDER temporarily denying #18 Motion for Leave to Appear Pro Hac Vice. Motion for Leave to Appear Pro Hac Vice #18 for Neal Shah is denied at this time because the attachments in support of the motion do not fully comply with Local Rule 1.3(c). Specifically, a certificate of the court for each state in which the applicant is a member of the bar stating that the applicant is a member in good standing of the bar for those state courts was not attached. Counsel is permitted until October 11, 2022 to supplement the application with the appropriate certificates of good standing. So Ordered by Magistrate Judge Steven Tiscione on 10/4/2022. (LV)
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| Filing 18 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16000364. by Choice Long Island, Inc.. (Attachments: #1 Affidavit) (Koop Irwin, Katherine) |
| Filing 17 NOTICE of Appearance by Alan Jay Bennett on behalf of Steven Klein, Harold Robbins (aty to be noticed) (Bennett, Alan) |
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Filing 16
SCHEDULING ORDER: An initial conference will be held at 11:30 a.m. on December 8, 2022 before the undersigned by phone. Counsel for all parties must participate and are to connect to the conference through dial-in number 888-557-8511 with access code 3152145. The attached Discovery Plan Worksheet is to be completed by counsel and electronically file same with Court no later than December 6th. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court, is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge Steven Tiscione on 9/27/2022. (Vasquez, Lea)
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| Filing 15 MOTION for Extension of Time to File Answer re #1 Complaint, by Choice Long Island, Inc.. (Koop Irwin, Katherine) |
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ORDER granting #15 Motion for Extension of Time to Answer re #15 MOTION for Extension of Time to File Answer re #1 Complaint, : Choice Long Island, Inc. answer due 11/11/2022. So Ordered by Magistrate Judge Steven Tiscione on 9/27/2022. (Vasquez, Lea)
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| Filing 14 SUMMONS Returned Executed by Carlos Guzman. Steven Klein served on 9/16/2022, answer due 10/7/2022. (Moser, Steven) |
| Filing 13 SUMMONS Returned Executed by Carlos Guzman. Harold Robbins served on 9/16/2022, answer due 10/7/2022. (Moser, Steven) |
| Filing 12 SUMMONS Returned Executed by Carlos Guzman. Choice Long Island, Inc. served on 9/6/2022, answer due 9/27/2022. (Moser, Steven) |
| Filing 11 NOTICE of Appearance by Katherine E Koop Irwin on behalf of Choice Long Island, Inc. (notification declined or already on case) (Koop Irwin, Katherine) |
| Filing 10 NOTICE of Appearance by Jordan Seth Blask on behalf of Choice Long Island, Inc. (aty to be noticed) (Blask, Jordan) |
| Filing 9 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15922264. by Choice Long Island, Inc.. (Attachments: #1 Affidavit, #2 Proposed Order) (Koop Irwin, Katherine) |
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ORDER granting #9 Motion for Leave to Appear Pro Hac Vice. Having reviewed the Pro Hac Vice application #9 submitted by Katherine Koop Irwin for Defendant Choice Long Island, Inc. and found it to be in compliance with the local rules concerning attorney admissions, the application is approved. If not already done, the attorney shall register for ECF which is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notifications of activity in this case. The attorney shall ensure that the $150 admission fee is submitted or has been submitted to the Clerk's Office. So Ordered by Magistrate Judge Steven Tiscione on 9/9/2022. (Vasquez, Lea)
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| Filing 8 NOTICE of Appearance by Brian Jeffrey Shenker on behalf of Bactolac Pharmaceutical, Inc. (aty to be noticed) (Shenker, Brian) |
| Filing 7 NOTICE of Appearance by Catalina Cadavid on behalf of Bactolac Pharmaceutical, Inc. (aty to be noticed) (Cadavid, Catalina) |
| Filing 6 NOTICE of Appearance by Jeffrey M. Schlossberg on behalf of Bactolac Pharmaceutical, Inc. (aty to be noticed) (Schlossberg, Jeffrey) |
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ORDER TO ANSWER re #5 Stipulation filed by Carlos Guzman, Manuel De Jesus Vasquez Bactolac Pharmaceutical, Inc. answer due 10/24/2022. The Stipulation extending Defendant Bactolac Pharmaceutical, Inc.'s time to answer to 10/24/2022 is approved and hereby entered as an Order of the Court. So Ordered by Magistrate Judge Steven Tiscione on 8/29/2022. (Vasquez, Lea)
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| Filing 5 STIPULATION Extending Bactolac, Inc's time to respond to the complaint by Carlos Guzman, Manuel De Jesus Vasquez (Moser, Steven) |
| 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 Joan M. Azrack and Magistrate Judge Steven Tiscione. 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 All Defendants filing fee $ 402, receipt number ANYEDC-15823572 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Carlos Guzman, Manuel De Jesus Vasquez. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil Cover Sheet, #4 Proposed Summons Bactolac Pharmaceutical Inc., #5 Proposed Summons Choice Long Island Inc, #6 Proposed Summons Klein, #7 Proposed Summons Robbins) (Moser, Steven) |
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