Burke et al v. Bimbo Bakeries USA, Inc. et al
Plaintiff: William Cory Tanner, Brian Tanner, Arthur Salisbury, Tony Weaver, Rick Calton, Craig Barker and Eric Burke
Defendant: Bimbo Bakeries Distribution, LLC, Bimbo Bakeries USA, Inc. and Bimbo Foods Bakeries Distribution, LLC
Case Number: 5:2019cv00902
Filed: July 23, 2019
Court: US District Court for the Northern District of New York
Presiding Judge: Andrew T Baxter
Referring Judge: Mae A D'Agostino
Nature of Suit: Labor: Fair Standards
Cause of Action: 29:201
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 19, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 19, 2019 ***Answer due date updated, pursuant to Judge D'Agostino's 9/9/19 conference call for Bimbo Bakeries Distribution, LLC answer due 10/4/2019; Bimbo Bakeries USA, Inc. answer due 10/4/2019. (ban)
September 19, 2019 ***Answer due date updated for Bimbo Bakeries USA, Inc. answer due 9/27/2019; Bimbo Foods Bakeries Distribution, LLC answer due 9/27/2019. (hmr)
September 18, 2019 Filing 18 NOTICE of Appearance by Michael J. Puma on behalf of Bimbo Bakeries USA, Inc., Bimbo Foods Bakeries Distribution, LLC (Puma, Michael)
September 17, 2019 Filing 17 NOTICE by Craig Barker, Eric Burke, Rick Calton, Arthur Salisbury, Brian Tanner, William Cory Tanner, Tony Weaver of Filing Opt-In Consent Forms (Attachments: #1 Exhibit(s) A - Opt-In Consent Forms)(Thomson, Matthew)
September 13, 2019 Filing 16 AMENDED COMPLAINT against All Defendants filed by Brian Tanner, Craig Barker, Arthur Salisbury, William Cory Tanner, Eric Burke, Tony Weaver, Rick Calton.(Thomson, Matthew)
September 11, 2019 Filing 15 TEXT ORDER: granting #12 Motion for Limited Admission Pro Hac Vice. Attorney Harold Lichten is hereby admitted to practice in this action on behalf of by Craig Barker, Eric Burke, Rick Calton, Arthur Salisbury, Brian Tanner, William Cory Tanner, and Tony Weaver. Counsel is 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 is 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 9/11/2019. (nmk)
September 10, 2019 CLERK'S CORRECTION OF DOCKET ENTRY re #14 Notice of Appearance: Clerk removed "Samuel A. Alba" and added "Matthew W. Thomson" to this entry since this notice of appearance is on behalf of Matthew W. Thomson. (hmr)
September 9, 2019 TEXT Minute Entry for Telephone Conference held on 9/9/2019 before U.S. District Judge Mae A. D'Agostino: Appearances by Samuel Alba, Esq. and Harold Lichten, Esq. for the Plaintiffs; Michael Puma, Esq. for the defendants; Judge D'Agostino addresses counsel regarding the pre-motion letter and response; Counsel for the Plaintiffs and Counsel for the defendants address the Court; Judge D'Agostino will permit the plaintiffs to file an amended complaint, on or before 9/13/19; Counsel are directed to confer, prior to the filing of the amended complaint; Defendants are to file an answer to the amended complaint or a motion to dismiss on or before 10/4/19; IF defendants file a motion to dismiss, the motion return date shall be set for November 5, 2019 (ON SUBMIT) before Judge D'Agostino; Response papers will be due 10/21/19; Reply papers will be due 10/25/19. The motion will be decided on the submission of the papers only.(Court Reporter Lisa Tennyson, CRD Britney Norton [Time 9:30 a.m. - 9:40 a.m.]) (ban)
September 6, 2019 Filing 14 NOTICE of Appearance by Matthew W. Thomson on behalf of All Plaintiffs. (Alba, Samuel) Modified on 9/10/2019 (hmr).
September 4, 2019 Filing 13 Pre-Motion Response to #9 Pre-Motion Letter by Bimbo Bakeries Distribution, LLC, Bimbo Bakeries USA, Inc. requesting a pre-motion conference submitted to Judge D'Agostino by Plaintiffs' Counsel. (Alba, Samuel)
September 4, 2019 Filing 12 MOTION for Limited Admission Pro Hac Vice of HAROLD LICHTEN Filing fee $100, receipt number ANYNDC-4859767. filed by Craig Barker, Eric Burke, Rick Calton, Arthur Salisbury, Brian Tanner, William Cory Tanner, Tony Weaver. (Attachments: #1 Affirmation PETITION FOR PHV ADMISSION, #2 Affirmation DECLARATION OF ALBA IN SUPPORT OF PHV ADMISSION, #3 Exhibit(s) CERTIFICATE OF GOOD STANDING, #4 Exhibit(s) EFILE REGISTRATION FORM LICHTEN) Motions referred to Andrew T. Baxter. (Alba, Samuel)
September 3, 2019 Filing 11 TEXT ORDER: granting #10 Motion for Limited Admission Pro Hac Vice. Attorney Matthew W. Thomson is hereby admitted to practice in this action on behalf of Craig Barker, Eric Burke, Rick Calton, Arthur Salisbury, Brian Tanner, William Cory Tanner and Tony Weaver. Counsel is 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 is 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 9/3/2019. (nmk)
August 28, 2019 Filing 10 MOTION for Limited Admission Pro Hac Vice of MATTHEW W. THOMSON Filing fee $100, receipt number ANYNDC-4852854. filed by Craig Barker, Eric Burke, Rick Calton, Arthur Salisbury, Brian Tanner, William Cory Tanner, Tony Weaver. (Attachments: #1 Declaration DECLARATION OF SAMUEL A ALBA, #2 Declaration PETITION FOR ADMISSION THOMSON, #3 Exhibit(s) CERTIFICATE OF GOOD STANDING THOMSON, #4 Exhibit(s) EFILE REGISTRATION FORM THOMSON) Motions referred to Andrew T. Baxter. (Alba, Samuel)
August 28, 2019 Filing 9 Pre-Motion Letter by Bimbo Bakeries Distribution, LLC, Bimbo Bakeries USA, Inc. requesting a pre-motion conference submitted to Judge D'Agostino. MAD Pre-Motion Response Deadline 9/3/2019 (Puma, Michael)
August 26, 2019 Filing 8 NOTICE of Appearance by Michael J. Puma on behalf of Bimbo Bakeries Distribution, LLC, Bimbo Bakeries USA, Inc. (Puma, Michael)
August 14, 2019 ***Answer due date updated for Bimbo Bakeries Distribution, LLC answer due 8/28/2019; Bimbo Bakeries USA, Inc. answer due 8/28/2019. (hmr)
August 13, 2019 Filing 7 AFFIDAVIT of Service for Summons and Complaint BIMBO BAKERIES USA, INC. served on Felix Correa, First Legal on 08/07/2019, filed by Craig Barker, Eric Burke, Rick Calton, Arthur Salisbury, Brian Tanner, William Cory Tanner, Tony Weaver. (Alba, Samuel)
August 13, 2019 Filing 6 AFFIDAVIT of Service for Summons and Complaint on BIMBO BAKERIES DISTRIBUTION LLC served on Felix Correa, First Legal on 08/07/2019, filed by Craig Barker, Eric Burke, Rick Calton, Arthur Salisbury, Brian Tanner, William Cory Tanner, Tony Weaver. (Alba, Samuel)
July 25, 2019 Filing 5 TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. http://www.nynd.uscourts.gov/sites/nynd/files/DAgostino_03142016.pdf. (hmr)
July 25, 2019 Filing 4 NOTICE of Admission Requirement as to Party Plaintiffs; Attorney Harold L. Lichten, Email address is hlichten@llrlaw.com. Phone number is (617) 994-5800 and Attorney Matthew W. Thomson, Email address is mthomson@llrlaw.com. Phone number is (617) 994-5800 Admissions due by 8/8/2019. (hmr)
July 25, 2019 Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 10/23/2019 at 10:00 AM by telephone 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 10/16/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (hmr)
July 25, 2019 Filing 2 Summonses Issued as to Bimbo Bakeries Distribution, LLC, Bimbo Bakeries USA, Inc.. (Attachments: #1 Summons Issued for Bimbo Bakeries USA, Inc., #2 Summons Issued for Bimbo Bakeries Distribution, LLC)(hmr)
July 23, 2019 Filing 1 CLASS ACTION COMPLAINT against Bimbo Bakeries Distribution, LLC, Bimbo Bakeries USA, Inc. (Filing fee $400 receipt number ANYNDC-4808497)filed by Brian Tanner, Craig Barker, Arthur Salisbury, William Cory Tanner, Eric Burke, Tony Weaver, Rick Calton. (Attachments: #1 Civil Cover Sheet)(hmr)

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Plaintiff: William Cory Tanner
Represented By: Samuel A. Alba
Represented By: Matthew W. Thomson
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Plaintiff: Brian Tanner
Represented By: Samuel A. Alba
Represented By: Matthew W. Thomson
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Plaintiff: Arthur Salisbury
Represented By: Samuel A. Alba
Represented By: Matthew W. Thomson
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Plaintiff: Tony Weaver
Represented By: Samuel A. Alba
Represented By: Matthew W. Thomson
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Plaintiff: Rick Calton
Represented By: Samuel A. Alba
Represented By: Matthew W. Thomson
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Plaintiff: Craig Barker
Represented By: Samuel A. Alba
Represented By: Matthew W. Thomson
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Plaintiff: Eric Burke
Represented By: Samuel A. Alba
Represented By: Matthew W. Thomson
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Defendant: Bimbo Bakeries Distribution, LLC
Represented By: Michael J. Puma
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Defendant: Bimbo Bakeries USA, Inc.
Represented By: Michael J. Puma
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Defendant: Bimbo Foods Bakeries Distribution, LLC
Represented By: Michael J. Puma
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