Scaptura v. HTM Transportation, LLC et al
| Thomas Scaptura |
| HTM Transportation, LLC and HTM Enterprises, Inc. |
| 3:2023cv00134 |
| January 30, 2023 |
| US District Court for the Northern District of New York |
| David N Hurd |
| Miroslav Lovric |
| Labor: Fair Standards |
| 29 U.S.C. ยง 206 Collect Unpaid Wages |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 24, 2023. A more recent docket listing may be available from PACER.
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Filing 12
TEXT ORDER: Plaintiff has filed an amended complaint #10 as of right. Defendants' motion to dismiss #6 is denied as moot. The deadlines to answer or move against the new pleading remain intact. So Ordered by Judge David N. Hurd on 3/24/2023. (see)
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| ***Answer due date updated for HTM Enterprises, Inc. answer due 4/6/2023; HTM Transportation, LLC answer due 4/6/2023. (see) |
| Filing 11 RESPONSE in Opposition re #6 MOTION to Dismiss Plaintiff's Complaint filed by HTM Enterprises, Inc., HTM Transportation, LLC. Motion returnable before Judge DNH/ML filed by Thomas Scaptura. (Attachments: #1 Affirmation Affirmation of Ryan Files, Esq., #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s))(Files, Ryan) |
| Filing 10 AMENDED COMPLAINT against All Defendants filed by Thomas Scaptura. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s))(Files, Ryan) |
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Filing 9
TEXT ORDER: In light of the filing of Motion to Dismiss #6 , the Rule 16 Initial Conference scheduled for 5/10/2023 and the related Rule 16 filing deadlines are all STAYED, without date. SO ORDERED by Magistrate Judge Miroslav Lovric on 3/3/2023. (jdp )
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| TEXT NOTICE OF FILING DEFICIENCY regarding the #6 MOTION to Dismiss Plaintiff's Complaint, #7 Affidavit of Service NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Attorney EMAIL address (Lbutler@bmglawoffices.com) contained in the document does not match the NYND attorney admission records. Counsel is directed to update their information in PACER within 3 days from this notice. Notice of Filing Deficiency Deadline 3/8/2023. {Text Notice also mailed to counsel on 3/3/2023 via regular mail} (see) |
| CLERK'S CORRECTION OF DOCKET ENTRY re #6 Motion to Dismiss, #7 Affidavit of Service. Document no. [6-4] which is attachment no. 4, was labeled Motion for TRO/PI. Clerk modified the docket text and attachment description to note it was a Memorandum of Law. The #7 Affidavit of Service was modified to state it was regarding service of the #6 Motion to Dismiss. (see) |
| Filing 8 NOTICE OF APPEARANCE by Matthew C Butler, I on behalf of HTM Enterprises, Inc., HTM Transportation, LLC (Butler, Matthew) |
| Filing 7 AFFIDAVIT of Service , filed by HTM Enterprises, Inc., HTM Transportation, LLC., re: service of the #6 Motion to Dismiss (Butler, Matthew) Modified on 3/3/2023 (see, ). |
| Filing 6 MOTION to Dismiss Plaintiff's Complaint filed by HTM Enterprises, Inc., HTM Transportation, LLC. Motion returnable before Judge DNH/ML Response to Motion due by 3/23/2023. Reply to Response to Motion due by 3/30/2023 (Attachments: #1 Affidavit, #2 Exhibit(s), #3 Exhibit(s), #4 Memorandum of Law) (Butler, Matthew) Modified on 3/3/2023 (see, ). |
| Filing 5 AFFIDAVIT of Service for Summons and Complaint served on HTM Enterprises, Inc. on February 9, 2023, filed by Thomas Scaptura. (Files, Ryan) |
| Filing 4 AFFIDAVIT of Service for Summons and Complaint served on HTM Transportation, LLC on February 9, 2023, filed by Thomas Scaptura. (Files, Ryan) |
| ***Answer due date updated for HTM Enterprises, Inc. answer due 3/2/2023; HTM Transportation, LLC answer due 3/2/2023. (see) |
| TEXT NOTICE: The Initial Conference set for 5/10/2023 at 10:00AM will be held via Microsoft Teams Teleconferencing. The Courtroom Deputy will send the parties a teams link to participate. (jdp ) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 5/10/2023 10:00 AM in Binghamton before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/3/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (see) |
| Filing 2 Summonses Issued as to HTM Enterprises, Inc. and HTM Transportation, LLC. (see) |
| Filing 1 CLASS ACTION COMPLAINT with Jury Demand against HTM Enterprises, Inc., and HTM Transportation, LLC (Filing fee $402 receipt number ANYNDC-6179939) filed by Thomas Scaptura. (Attachments: #1 Exhibit(s) A, #2 Civil Cover Sheet)(see) |
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