Durso et al v. Floors "N" More, Inc.
| John R. Durso, Joseph Fontano, William F Clarke and William F. Clarke |
| Floors "N" More, Inc. |
| 2:2023cv07109 |
| September 25, 2023 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement |
| None |
Docket Report
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This docket was last retrieved on November 16, 2023. A more recent docket listing may be available from PACER.
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ORDER: The Court previously ordered the parties to file a joint letter and proposed case management plan on or before November 15, 2023, see ECF No. #8 , but the parties have not done so, and Defendant has not entered an appearance, filed an answer, or otherwise responded to Plaintiffs' complaint. Plaintiffs shall request a certificate of default from the Clerk of Court on November 29, 2023, pursuant to Rule 55(a), if Defendant has not appeared as of that date.If any representative of Defendant has contacted Plaintiffs' counsel since Plaintiffs' complaint was filed, Plaintiffs' counsel shall inform that person of this order as soon as reasonably possible and shall do so in writing if possible. Ordered by Judge Hector Gonzalez on 11/16/2023. (BH)
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| Filing 9 DECLARATION re #1 Complaint, #3 Summons Issued Mailing of Summons and Complaint to Defendant Pursuant to Court's October 16, 2023 Order by William F. Clarke, John R. Durso, Joseph Fontano (Treiman, Daniel) |
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Filing 8
SCHEDULING ORDER: Counsel for all parties are directed to file on the docket a joint letter describing the case and a completed civil case management plan by November 15, 2023, as further described in the attached mandatory requirements. Requests for adjournment of the deadline for these submissions will be considered only if made in writing and otherwise in accordance with Section I.D of the Court's Individual Practices. Plaintiffs' counsel shall notify Defendant's counsel of this scheduling order, in writing, as soon as reasonably possible.Although the Court will be amenable to a reasonable extension of Defendant's deadline to answer or otherwise respond to Plaintiffs' complaint, the Court will require the parties to demonstrate additional good cause to adjourn the deadline for filing the joint letter and proposed case management plan required by this order because the Court does not need Defendant's answer to set a discovery schedule. Ordered by Judge Hector Gonzalez on 10/16/2023. (BH)
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| Filing 7 Letter re: Service of Complaint and Summons by William F. Clarke, John R. Durso, Joseph Fontano (Treiman, Daniel) |
| Filing 6 SUMMONS Returned Executed by John R. Durso, William F. Clarke, Joseph Fontano. Floors "N" More, Inc. served on 10/11/2023, answer due 11/1/2023. (Treiman, Daniel) |
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ORDER: The Court has received the affidavit of service filed by Plaintiffs, see ECF No. #6 , which indicates that Plaintiffs served Defendant by delivering Plaintiffs' complaint and a summons to the New York Secretary of State. As a courtesy to Defendant, and to facilitate Defendant's prompt appearance, Plaintiffs' counsel shall mail a copy of Plaintiffs' complaint and a summons to the address for Defendant identified for service of process made available on the Secretary of State's website: https://apps.dos.ny.gov/publicInquiry/.Plaintiffs' counsel shall file a declaration on or before October 23, 2023, confirming Plaintiffs' compliance with this order or, alternatively, explaining why Plaintiffs were unable to comply with this order.If Plaintiffs fail to mail a copy of Plaintiffs' complaint and a summons as required by this order, and Defendant eventually enters an untimely appearance, the Court will likely vacate any entry of default or default judgment against Defendant unless the circumstances unambiguously demonstrate that Defendant actually received notice of Plaintiffs' complaint. Additionally, the Court may decline to award Plaintiffs a default judgment against Defendant unless Plaintiffs can show that Defendant has received notice of Plaintiffs' complaint and has willfully failed to appear. Ordered by Judge Hector Gonzalez on 10/16/2023. (BH)
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| Filing 5 NOTICE Designating Case To Arbitration. This case has been designated to participate in the Court Annexed Arbitration Program pursuant to Local Civil Rule 83.7(d) which requires the Clerk of Court to designate and process for compulsory arbitration all civil cases (excluding social security cases, tax matters, prisoners' civil rights cases, and any action based on an alleged violation of a right secured by the Constitution of the United States or if jurisdiction is based in whole or in part on Title 28 U.S.C. sec. 1343) wherein money damages only are being sought in an amount not in excess of $150,000.00 exclusive of interest and costs. Damages are presumed not to be in excess of the arbitration limit unless a certification is filed in accordance with Local Civil Rule 83.7(d)(3). (RC) |
| CASE REFERRED to Arbitration. (RC) |
| Filing 4 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (LJ) |
| Filing 3 Summons Issued as to Floors "N" More, Inc. (LJ) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
| Case Assigned to Judge Hector Gonzalez. 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. (LJ) |
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ORDER: Plaintiffs shall file a letter no longer than three pages on or before October 16, 2023, describing Plaintiffs' efforts to serve Plaintiffs' complaint and a summons on Defendant. If Plaintiffs fail to file the letter required by this order, or if Plaintiffs' letter demonstrates a lack of diligence in attempting service, then the Court is unlikely to extend the deadline for Plaintiffs to complete service under Rule 4(m) in the absence of unusual circumstances demonstrating good cause.The Court will not extend the deadline for Plaintiffs to file the letter required by this order unless Plaintiffs request an extension in accordance with Section I.D of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 9/26/2023. (BH)
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| Filing 1 COMPLAINT against Floors "N" More, Inc. filing fee $ 402, receipt number ANYEDC-17115657 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by John R. Durso, William F Clarke, Joseph Fontano. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Treiman, Daniel) |
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