Horner et al v. Little Caesar Enterprises, Inc. et al
| Gordon Horner and Ann Marie Hudson |
| Little Caesar Enterprises, Inc., Phoenix Nexus LLC, Main St LC LLC, Salina St SY LC LLC, Onondaga Blvd SY LC LLC, Primera Holdings Corp., ABC CORPORATIONS 1-100 and Manilus ST SY LC LLC |
| 5:2022cv01324 |
| December 9, 2022 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Thomas J McAvoy |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Denial of Overtime Compensation |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 6, 2023. A more recent docket listing may be available from PACER.
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| Filing 40 MOTION to Dismiss for Failure to State a Claim filed by Main St LC LLC, Manilus ST SY LC LLC, Onondaga Blvd SY LC LLC, Phoenix Nexus LLC, Salina St SY LC LLC. Response to Motion due by 4/27/2023. Reply to Response to Motion due by 5/4/2023 (Attachments: #1 Memorandum of Law, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C, #5 Exhibit(s) D, #6 Certificate of Service, #7 Proposed Order) (Jacko, John) |
Filing 39
TEXT ORDER: The Clerk's Entry of Default was entered against the Defendant Primera Holdings in this action (Dkt. No. #38 ). Should the Plaintiff wish to move for default judgment, the appropriate motion pursuant to Rule 55(b) and Local Rule 55.2 must be made within thirty (30) days from the date of this Order. Plaintiff must attach a copy of the Clerk's Entry of Default to the moving papers to serve on Defendant Primera Holdings via regular mail and file a Certificate of Service of same. In the alternative, Plaintiff is directed to file a status report within thirty (30) days from the date of this Order. Authorized by Senior Judge Thomas J. McAvoy on 4/3/2023. (amt)
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| Filing 38 Clerk's ENTRY OF DEFAULT noted and entered as to Primera Holdings Corp., re: #37 Request for Entry of Default. (see) |
| Filing 37 REQUEST FOR ENTRY OF DEFAULT as to Primera Holdings Corp. by Gordon Horner, Ann Marie Hudson. (Attachments: #1 Affidavit, #2 Exhibit(s), #3 Exhibit(s))(Goldenberg, Joel) |
| Filing 36 Clerk's ENTRY OF DEFAULT cannot be honored as to Primera Holdings Corp., because of failure to provide a supporting affidavit/documentation, re: #35 Request for Entry of Default. (see) |
| Filing 35 REQUEST FOR ENTRY OF DEFAULT as to Primera Holdings Corp. by Gordon Horner, Ann Marie Hudson. (Attachments: #1 Exhibit(s) Ex. A - Affidavit of Service on Primera Holdings Corp)(Goldenberg, Joel) |
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Filing 34
TEXT ORDER : Court reviewed the stipulation (Dkt. No. #33 ) between plaintiffs and the Phoenix Nexus defendants, which the court construes as a request for extension of time for said defendants to respond to the complaint. Request granted and the Phoenix defendants shall respond to the complaint by 4/10/2023. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/29/2023. (sg)
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| Filing 33 STIPULATION /Request for Extension re #1 Complaint, to Extend Time for Phoenix Nexus Defendants to Answer, Move or Otherwise Plead in Response to the Complaint by Main St LC LLC, Manilus ST SY LC LLC, Onondaga Blvd SY LC LLC, Phoenix Nexus LLC, Salina St SY LC LLC. (Attachments: #1 Certificate of Service)(Jacko, John) Modified on 3/29/2023 (sg, ). |
| Filing 32 NOTICE OF APPEARANCE by John J. Jacko on behalf of Main St LC LLC, Manilus ST SY LC LLC, Onondaga Blvd SY LC LLC, Phoenix Nexus LLC, Salina St SY LC LLC (Attachments: #1 Certificate of Service)(Jacko, John) |
| TEXT NOTICE of Telephone Initial Conference: the Telephone Initial Conference has been RESCHEDULED for 5/10/2023 at 9:30 AM before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed NO LATER THAN 5/3/2023 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.) Counsel are directed to call the following number for this conference: 315-691-0477, and enter ID code 878 474 781 to connect to the conference. (sg) |
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Filing 31
TEXT ORDER: Court reviewed status report (Dkt. No. #26 ) regarding service on the various defendants. Since several defendants appear to be in default, and the answer for Phoenix Nexus is due 3/21/2023, the Rule 16 conference and related disclosure dates are adjourned and the Rule 16 conference will be rescheduled by separate Text Notice. Plaintiff shall file a request for a Clerk's Entry of Default by 3/31/2023 if the defendants Main St LC LLC, Salina St SY LC LLC, Onondaga Blvd SY LC LLC, Pinera Holdings Corp., and Manlius St SY LC LLC, have not appeared by 3/30/2023. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/6/2023. (sg)
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Filing 30
TEXT ORDER granting #28 Motion for Limited Admission Pro Hac Vice of Robert Zisk, Esq. 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. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/6/2023. (sg )
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Filing 29
TEXT ORDER granting #27 Motion for Limited Admission Pro Hac Vice of Justin Sallis, Esq. 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. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/6/2023. (sg)
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| Filing 28 MOTION for Limited Admission Pro Hac Vice of Robert L. Zisk Filing fee $100, receipt number ANYNDC-6216514. (Attachments: #1 Exhibit(s) Petition for Admission, #2 Exhibit(s) Attorney E-Filing Registration Form, #3 Affidavit of Robert Zisk, #4 Exhibit(s) A - Certificate of Good Standing, #5 Declaration of Sponsor) Motions referred to Therese Wiley Dancks. (Orbach, Louis) |
| Filing 27 MOTION for Limited Admission Pro Hac Vice of Justin L. Sallis Filing fee $100, receipt number ANYNDC-6216511. (Attachments: #1 Exhibit(s) Petition for Admission, #2 Exhibit(s) New Attorney E-Filing Registration Form, #3 Affidavit of Justin Sallis, #4 Exhibit(s) A - Certificate of Good Standing, #5 Declaration of Sponsor) Motions referred to Therese Wiley Dancks. (Orbach, Louis) |
| Filing 26 STATUS REPORT 2023-3-1 Letter to Court re status of SoP and defaulting Ds by Gordon Horner. (Goldenberg, Joel) |
| Filing 25 AFFIDAVIT of Service for Summons and Complaint served on BERNARD MOORE as to Phoenix Nexus LLC on 2/28/2023, filed by Gordon Horner. (Moreno, Michele) |
| ***Answer due date updated for Phoenix Nexus LLC answer due 3/21/2023. (see) |
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Filing 24
TEXT ORDER: Court has reviewed the docket and notes that defendants Main St LC LLC, Salina St SY LC LLC, Onondaga Blvd SY LC LLC, Pimera Holdings Corp, and Manlius ST SY LC LLC are currently in default. No appearance has been made on behalf of any of these defendants, nor has a request for extension of time to respond to the complaint been made to the Court. Court also notes that it doesn't appear that service has yet been made on defendant Phoenix Nexus LLC. Plaintiff to file status report by 3/1/2023 re: status of service and any communications plaintiff has had with these defendants. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/24/2023. (sg)
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| Filing 23 NOTICE OF ADMISSION REQUIREMENT as to Party Little Caesar Enterprises, Inc; Attorneys Robert L. Zisk and Justin L. Sallis, Email address is Robert.Zisk@lathropgpm.com and Justin.Sallis@lathropgpm.com. Phone number is (202) 295-2200. Admissions due by 3/1/2023. (Emailed to both attorneys on 2/15/2023)(see) |
| Filing 22 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Little Caesar Enterprises, Inc.. (Orbach, Louis) |
| Filing 21 ANSWER to #1 Complaint, by Little Caesar Enterprises, Inc..(Orbach, Louis) |
| Filing 20 SUMMONS Returned Executed by Gordon Horner, Ann Marie Hudson. Salina St SY LC LLC served on 1/26/2023, answer due 2/16/2023. (Moreno, Michele) |
| Filing 19 SUMMONS Returned Executed by Gordon Horner, Ann Marie Hudson. Primera Holdings Corp. served on 1/26/2023, answer due 2/16/2023. (Moreno, Michele) |
| Filing 18 SUMMONS Returned Executed by Gordon Horner, Ann Marie Hudson. Onondaga Blvd SY LC LLC served on 1/26/2023, answer due 2/16/2023. (Moreno, Michele) |
| Filing 17 SUMMONS Returned Executed by Gordon Horner, Ann Marie Hudson. Manilus ST SY LC LLC served on 1/26/2023, answer due 2/16/2023. (Moreno, Michele) |
| Filing 16 SUMMONS Returned Executed by Gordon Horner, Ann Marie Hudson. Main St LC LLC served on 1/26/2023, answer due 2/16/2023. (Moreno, Michele) |
| Filing 15 NOTICE of Appearance by Joel Goldenberg on behalf of All Plaintiffs (Goldenberg, Joel) |
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Filing 14
TEXT ORDER granting #13 Letter Request by defendant Little Caesar Enterprises, Inc. for extension of time to respond to the complaint: Little Caesar Enterprises, Inc. answer due 2/14/2023. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/25/2023. (sg)
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| Filing 13 Letter Motion from Louis Orbach for Little Caesar Enterprises, Inc. requesting an Extension of time to respond to the Complaint submitted to Judge Therese Wiley Dancks . (Orbach, Louis) |
| Filing 12 SUMMONS Returned Executed by Gordon Horner, Ann Marie Hudson. Little Caesar Enterprises, Inc. served on 1/3/2023, answer due 1/24/2023. (Moreno, Michele) |
| Filing 11 Summons Issued as to Little Caesar Enterprises, Inc. (Attachments: #1 Summons Issued as to Phoenix Nexus LLC, #2 Summons Issued as to Main St LC LLC, #3 Summons Issued as to Manilus ST SY LC LLC, #4 Summons Issued as to Onondaga Blvd SY LC, LLC, #5 Summons Issued as to Salina St SY LC, LLC, #6 Summons Issued as to Primera Holdings Corp.)(egr) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS(ES): Gordon Horner, Ann Marie Hudson is requesting summons(es) be issued as to Primera Holdings Corp. (Moreno, Michele) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS(ES): Gordon Horner, Ann Marie Hudson is requesting summons(es) be issued as to Salina St SY LC LLC (Moreno, Michele) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS(ES): Gordon Horner, Ann Marie Hudson is requesting summons(es) be issued as to Onondaga Blvd SY LC LLC (Moreno, Michele) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS(ES): Gordon Horner, Ann Marie Hudson is requesting summons(es) be issued as to Manilus ST SY LC LLC (Moreno, Michele) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS(ES): Gordon Horner, Ann Marie Hudson is requesting summons(es) be issued as to Main St LC LLC (Moreno, Michele) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS(ES): Gordon Horner, Ann Marie Hudson is requesting summons(es) be issued as to Phoenix Nexus LLC (Moreno, Michele) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS(ES): Gordon Horner, Ann Marie Hudson is requesting summons(es) be issued as to Little Caesar Enterprises, Inc. (Moreno, Michele) |
| Set Deadlines/Hearings: Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 3/7/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) Initial Conference set for 3/14/2023 10:00 AM by telephone before Magistrate Judge Therese Wiley Dancks. (egr) |
| TEXT NOTICE: Although the plaintiff herein has named John Doe defendant(s) (ABC CORPORATIONS 1-100) in the Complaint, the Clerk's Office will not issue summons(es) for service of process on a John Doe defendant(s) at this time. In the event plaintiff wishes to pursue the claims against this defendant, plaintiff shall take reasonable steps to ascertain their identity. When plaintiff determines the identity of the John Doe defendant(s), plaintiff may seek to amend the pleading to add the properly named defendant(s) pursuant to FED. R. CIV. P. 15 and summons(es) will be issued at that time. (egr) |
| Filing 3 NOTICE of Appearance by Michele A. Moreno on behalf of All Plaintiffs (Moreno, Michele) |
| TEXT NOTICE OF FILING DEFICIENCY as to Gordon Horner, Ann Marie Hudson NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Proposed Summons(es) were not included with the Complaint. Counsel is directed to file proposed summons(es) on the docket using the REQUEST FOR ISSUANCE OF SUMMONS(ES) event within 3 days of this notice. Notice of Filing Deficiency Deadline 12/15/2022 (egr) |
| Filing 2 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 3/14/2022 10:00 AM by telephone before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 3/7/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (egr) |
| Filing 1 COMPLAINT with JURY DEMAND against ABC CORPORATIONS 1-100, Little Caesar Enterprises, Inc., Main St LC LLC, Onondaga Blvd SY LC LLC, Phoenix Nexus LLC, Primera Holdings Corp., Salina St SY LC LLC (Filing fee $402 receipt number ANYNDC-6127164) filed by Gordon Horner, Ann Marie Hudson. (Attachments: #1 Civil Cover Sheet)(egr) |
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