Chapones v. Cargill Incorporated
Plaintiff: Anthony Chapones and Freddie Flores
Defendant: Cargill Incorporated
Case Number: 1:2023cv00038
Filed: January 10, 2023
Court: US District Court for the Northern District of New York
Presiding Judge: David N Hurd
Referring Judge: Daniel J Stewart
Nature of Suit: Civil Rights: Jobs
Cause of Action: 28 U.S.C. § 1332 Diversity-Account Receivable
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 27, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 27, 2023 Opinion or Order Filing 23 DECISION and ORDER: It is ORDERED that 1. Defendant's #16 motion to dismiss is DENIED; 2. Plaintiff's #19 cross-motion to amend is DENIED; and 3. Defendant shall file and serve an answer to the amended complaint on or before Friday, July 14, 2023. Signed by Judge David N. Hurd on June 27, 2023. (ztc)
June 27, 2023 Opinion or Order ***Answer due date updated for Cargill Incorporated answer due 7/14/2023. (ztc)
May 12, 2023 Opinion or Order Filing 22 REPLY to Response to Motion re #16 First MOTION to Dismiss filed by Cargill Incorporated., #19 Cross MOTION to Amend/Correct Plaintiff's Amended Complaint filed by Freddie Flores. filed by Cargill Incorporated. (Dorson, Daniel)
May 3, 2023 Opinion or Order Filing 21 ORDER granting the #20 Stipulation filed by Cargill Incorporated. Defendant's reply to the #19 Plaintiff's Opposition and Cross Motion is due May 12, 2023. Signed by Judge David N. Hurd on 5/3/2023. (pjh, )
May 2, 2023 Opinion or Order Filing 20 STIPULATION Order for Extension of Time for Cargill to Respond to Plaintiff's Opposition to Defendant's Motion to Dismiss and Cross-Motion to Amend his Amended Complaint by Cargill Incorporated submitted to Judge Daniel J. Stewart. (Fontana, Matthew)
April 28, 2023 Opinion or Order Filing 19 Cross MOTION to Amend/Correct Plaintiff's Amended Complaint filed by Freddie Flores. Response to Motion due by 5/19/2023 (Attachments: #1 Memorandum of Law) Motions referred to Daniel J. Stewart. (Abel, Ryan)
April 21, 2023 Opinion or Order Filing 18 NOTICE OF APPEARANCE by Matthew Fontana on behalf of Cargill Incorporated (Fontana, Matthew)
April 21, 2023 Opinion or Order TEXT NOTICE OF FILING DEFICIENCY regarding the #17 Notice of Appearance NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Other Deficiency The Notice of Appearance was signed by Attorney Matthew Fontana however, it was filed using Attorney Daniel H. Dorson's e-filing account. Attorney Fontana is directed to refile the Notice of Appearance using his individual e-filing account. - The correction(s) should be made within 3 days of this notice. Notice of Filing Deficiency Deadline 4/26/2023 (pjh, )
April 19, 2023 Opinion or Order Filing 17 NOTICE OF APPEARANCE by Daniel H. Dorson on behalf of Cargill Incorporated (Dorson, Daniel)
April 7, 2023 Opinion or Order Filing 16 First MOTION to Dismiss filed by Cargill Incorporated. Response to Motion due by 4/28/2023. Reply to Response to Motion due by 5/5/2023 (Attachments: #1 Memorandum of Law in support of Defendant's Motion to Dismiss, #2 Declaration of Matthew A. Fontana) (Dorson, Daniel)
April 3, 2023 Opinion or Order Filing 15 TEXT ORDER: The Rule 16 conference set for 4/10/2023 and the 4/3/2023 deadline for the submission of a joint Civil Case Management Plan and exchange of Mandatory Disclosures are ADJOURNED WITHOUT DATE. The hearing and related deadlines will be reset, if deemed necessary, after answers have been filed. So Ordered by Magistrate Judge Daniel J. Stewart on 4/3/2023. (gmd)
March 31, 2023 Opinion or Order Filing 14 LETTER BRIEF Request for Extension by Freddie Flores. (Abel, Ryan)
March 23, 2023 Opinion or Order Filing 13 NOTICE OF APPEARANCE by Daniel H. Dorson on behalf of Cargill Incorporated (Dorson, Daniel)
March 20, 2023 Opinion or Order Filing 12 ORDER granting #9 Stipulation filed by Cargill Incorporated, Answer due date updated for Cargill Incorporated, answer due 4/7/2023. Signed by Magistrate Judge Daniel J. Stewart on 3/20/2023. (gmd)
March 17, 2023 Opinion or Order Filing 11 NOTICE OF APPEARANCE by Gerald T. Hathaway on behalf of Cargill Incorporated (Hathaway, Gerald)
March 17, 2023 Opinion or Order Filing 10 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Cargill Incorporated. (Hathaway, Gerald)
March 17, 2023 Opinion or Order Filing 9 STIPULATION re #5 Amended Complaint, by Cargill Incorporated. (Hathaway, Gerald)
March 8, 2023 Opinion or Order CLERK'S CORRECTION OF DOCKET ENTRY: Clerk inadvertently uploaded the Civil Cover Sheet twice while correcting the #5 Amended Complaint. Clerk corrected the error. (pjh, )
March 3, 2023 Opinion or Order Filing 8 NOTICE OF APPEARANCE by Ryan L. Abel on behalf of Freddie Flores (Abel, Ryan)
March 3, 2023 Opinion or Order ***Answer due date updated for Cargill Incorporated answer due 3/17/2023. (pjh, )
March 3, 2023 Opinion or Order CLERK'S CORRECTION OF DOCKET ENTRY: The #5 Amended Complaint was inadvertently filed against the incorrect party. The Clerk re-filed the Amended Complaint to correct the party that the Amended Complaint is being filed against to correct the docket and allow for an answer deadline to be set. (pjh, )
March 1, 2023 Opinion or Order Filing 7 AFFIDAVIT of Service for Summons served on Cargill Inc. on 02/24/2023, filed by Freddie Flores. (Towne, James)
February 24, 2023 Opinion or Order Filing 6 Summons Issued as to Cargill Incorporated. (pjh, )
February 22, 2023 Opinion or Order Filing 5 AMENDED COMPLAINT against Cargill Incorporated filed by Freddie Flores.(pjh, ) (Additional attachment(s) added on 3/3/2023: #1 Exhibit A - List of approved exempt employers, #2 Proposed Summons, #3 Civil Cover Sheet) (pjh, ). (Main Document 5 replaced on 3/8/2023) (pjh, ).
January 30, 2023 Opinion or Order ***Answer due date updated for Cargill Incorporated answer due 2/8/2023. (mgh)
January 27, 2023 Opinion or Order Filing 4 AFFIDAVIT of service to Cargill Incorporated by Anthony Chapones. (Towne, James)
January 11, 2023 Opinion or Order Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 4/10/2023 at 10:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 4/3/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (pjh, )
January 11, 2023 Opinion or Order Filing 2 Summons Issued as to Cargill Incorporated. (pjh, )
January 10, 2023 Opinion or Order Filing 1 CLASS ACTION COMPLAINT WITH JURY DEMAND against Cargill Incorporated (Filing fee $402 receipt number ANYNDC-6156803) filed by Anthony Chapones. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(pjh, )

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Plaintiff: Anthony Chapones
Represented By: James T. Towne, Jr.
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Plaintiff: Freddie Flores
Represented By: James T. Towne, Jr.
Represented By: Ryan L. Abel
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Defendant: Cargill Incorporated
Represented By: Daniel H. Dorson
Represented By: Gerald T. Hathaway
Represented By: Matthew Fontana
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