Davella v. Ellis Hospital, Inc.
| Denise Davella |
| Ellis Hospital, Inc. and Ellis Hospital, Inc. doing business as Ellis Medicine |
| 1:2020cv00726 |
| June 30, 2020 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Mae A D'Agostino |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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Filing 18
RESPONSE to Motion re #17 Pre-Motion Letter by Ellis Hospital, Inc. requesting a pre-motion conference submitted to Judge D'Agostino filed by Denise Davella. (Hogg, William)
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Filing 17
Pre-Motion Letter by Ellis Hospital, Inc. requesting a pre-motion conference submitted to Judge D'Agostino. MAD Pre-Motion Response Deadline 8/24/2020 (Billok, Michael)
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***Answer due date updated for Ellis Hospital, Inc. answer due 8/26/2020. (ban)
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Filing 16
AMENDED COMPLAINT against Ellis Hospital, Inc. filed by Denise Davella.(Cottrell, Carolyn)
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TEXT Minute Entry for Telephone Pre-Motion Conference held on 8/4/2020 before U.S. District Judge Mae A. D'Agostino: Appearances by John Nestico, Esq., William Hogg, Esq., and Ori Edelstein, Esq. for plaintiff Denise Davella; Michael Billok, Esq. for the defendant Ellis Hospital; Judge D'Agostino addresses counsel regarding defendant's pre-motion letter for leave to file a motion to dismiss; Counsel for the plaintiff and counsel for the defendant address the Court; Judge D'Agostino will permit the plaintiff to file an amended complaint, if they wish, on or before 8/11/20; The defense may make their motion to dismiss, if necessary, after the amended complaint is filed. If no amended complaint is filed, defense counsel make make their motion to dismiss - the Court will set the deadlines for making such a motion, if no amended complaint is filed by 8/11/20. (Court Reporter Lisa Tennyson, CRD Britney Norton [Time 10:02 a.m. - 10:12 a.m.]) (ban)
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Filing 15
NOTICE of Appearance by Ori Edelstein on behalf of Denise Davella (Edelstein, Ori)
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Filing 14
NOTICE of Appearance by William M. Hogg on behalf of Denise Davella (Hogg, William)
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Filing 13
NOTICE of Appearance by Carolyn Hunt Cottrell on behalf of Denise Davella (Cottrell, Carolyn)
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Filing 12
TEXT ORDER re #11 Pre-Motion Letter by Ellis Hospital, Inc. requesting a pre-motion conference submitted to Judge D'Agostino filed by Ellis Hospital, Inc. In its pre-motion letter, Defendant asks for an extension of time to file a motion to dismiss or answer, which is currently due 07/30/2020. Defendant's request is denied as unnecessary. Pursuant to Rule 2(A)(ii) of the Court's Individual Rules of Practice, "[t]he transmittal of a pre-motion letter for a proposed motion under Rule 12(b) of the Federal Rules of Civil Procedure stays the time to answer or move until further order of the Court." As such, the time to move under Rule 12(b) or answer the complaint was stayed upon the filing of Defendant's pre-motion letter. IT IS SO ORDERED. Signed by U.S. District Judge Mae A. D'Agostino on 07/23/2020. (bto)
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Filing 11
Pre-Motion Letter by Ellis Hospital, Inc. requesting a pre-motion conference submitted to Judge D'Agostino. MAD Pre-Motion Response Deadline 7/27/2020 (Billok, Michael)
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Filing 10
NOTICE of Appearance by Michael D. Billok on behalf of Ellis Hospital, Inc. (Billok, Michael)
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***Answer due date updated for Ellis Hospital, Inc. answer due 7/31/2020. (jel, )
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Filing 9
AFFIDAVIT of Service for Complaint, Summons, and Civil Case Cover sheet served on Ellis Hospital, Inc. d/b/a Ellis Medicine on 7/10/2020, filed by Denise Davella. (Nestico, John)
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Filing 8
TEXT ORDER: granting #5 , #6 and #7 Motions for Limited Admission Pro Hac Vice. Attorney Ori Edelstein, William M. Hogg and Carolyn H. Cottrell are hereby admitted to practice in this action on behalf of Denise Davella. Counsel are hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Counsel are reminded that, once the above is accomplished, a NOTICE OF APPEARANCE MUST FILED IN THIS ACTION or you will not receive electronic notifications in the case. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 7/13/2020. (nmk)
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Filing 7
MOTION for Limited Admission Pro Hac Vice of Carolyn H. Cottrell Filing fee $100, receipt number ANYNDC-5168447. filed by Denise Davella. (Attachments: #1 Petition for Admission to Practice, #2 New Attorney E-Filing Registration Form, #3 Certificate of Good Standing from the California Supreme Court, #4 Affidavit of Sponsor, #5 Proposed Order/Judgment) Motions referred to Andrew T. Baxter. (Nestico, John)
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Filing 6
MOTION for Limited Admission Pro Hac Vice of William M. Hogg Filing fee $100, receipt number ANYNDC-5168434. filed by Denise Davella. (Attachments: #1 Petition for Admission to Practice, #2 New Attorney E-Filing Registration Form, #3 Certificate of Good Standing, #4 Affidavit of Sponsor, #5 Proposed Order/Judgment) Motions referred to Andrew T. Baxter. (Nestico, John)
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Filing 5
MOTION for Limited Admission Pro Hac Vice of Ori Edelstein Filing fee $100, receipt number ANYNDC-5168429. filed by Denise Davella. (Attachments: #1 Petition for Admission to Practice, #2 New Attorney E-Filing Registration Form, #3 Certificate of Good Standing from the California Supreme Court, #4 Affidavit of Sponsor, #5 Proposed Order/Judgment) Motions referred to Andrew T. Baxter. (Nestico, John)
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Filing 4
NOTICE of Admission Requirement as to Party Denise Davella; Attorney Carolyn H. Cottrell, Esq., Ori Edelstein, Esq., and William M. Hogg, Esq. Email address is ccottrell@schneiderwallace.com, oedelstein@schneiderwallace.com and whogg@schneiderwallace.com. Phone numbers are (415) 421-7100 and (713) 338-2560. Admissions due by 7/14/2020. (jel, )
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Filing 3
G.O. 25 FILING ORDER ISSUED: Initial Conference set for 9/28/2020 at 10:00 AM in Syracuse before US Magistrate Judge Andrew T. Baxter. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 9/21/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (jel, )
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Filing 2
Summons Issued as to Ellis Hospital, Inc. d/b/a Ellis Medicine (jel, )
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Filing 1
COMPLAINT against Ellis Hospital, Inc. d/b/a Ellis Medicine (Filing fee $400 receipt number BNYNDC-5158406) filed by Denise Davella on behalf of herself and all others similarly situated. (Attachments: #1 Civil Cover Sheet)(jel, )
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