Hargraves v. Select Comfort Retail Corporation
Plaintiff: Ryan Hargraves
Defendant: Select Comfort Retail Corporation
Case Number: 5:2023cv00149
Filed: February 3, 2023
Court: US District Court for the Northern District of New York
Presiding Judge: Andrew T Baxter
Referring Judge: Lawrence E Kahn
Nature of Suit: Labor: Labor/Mgt. Relations
Cause of Action: 29 U.S.C. ยง 201 Denial of Overtime Compensation
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 15, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 15, 2023 Opinion or Order Filing 17 STIPULATION AND ORDER: Approving the #16 Stipulation for an extension of time to answer or otherwise respond to the complaint. Answer due date updated for Select Comfort Retail Corporation answer due 4/17/2023. Signed by U.S. Magistrate Judge Andrew T. Baxter on 3/15/2023. (kmc)
March 14, 2023 Filing 16 STIPULATION to extend time to respond to the Complaint by Select Comfort Retail Corporation submitted to Judge Lawrence E. Kahn. (Gomez-Sanchez, Daniel)
March 14, 2023 Filing 15 NOTICE OF APPEARANCE by Daniel Gomez-Sanchez on behalf of Select Comfort Retail Corporation (Gomez-Sanchez, Daniel)
March 3, 2023 Filing 14 NOTICE OF APPEARANCE by Jason S. Rathod on behalf of Ryan Hargraves (Rathod, Jason)
February 27, 2023 Filing 13 SUMMONS Returned Executed by Ryan Hargraves. Select Comfort Retail Corporation served on 2/24/2023, answer due 3/17/2023. (Palitz, Michael)
February 24, 2023 Filing 12 NOTICE OF APPEARANCE by Mark Patronella on behalf of Ryan Hargraves (Patronella, Mark)
February 21, 2023 Filing 11 Letter in response to re #5 Notice of Admission Requirement. Attorney's Loren B. Donnell and Gregg I. Shavitz will not remain as counsel of record in this matter. (mgh)
February 21, 2023 Filing 10 TEXT ORDER: Granting #7 Motion for Limited Admission Pro Hac Vice for Mark David Patronella. 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. Attorney Patronella is hereby admitted to practice in this action on behalf of plaintiff. 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 2/21/2023. (kmc)
February 17, 2023 Filing 9 Supplemental Admission documents re: #7 Motion for Limited Admission Pro Hac Vice. (Migliaccio, Nicholas)
February 17, 2023 Filing 8 Supplemental Admission documents re: #7 Motion for Limited Admission Pro Hac Vice. (Migliaccio, Nicholas)
February 17, 2023 Notice of Attorney Admission Filing Deficiency re: #7 Motion for Limited Admission Pro Hac Vice of Mark David Patronella. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: a fully completed Declaration of Sponsor form. The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad)
February 15, 2023 Filing 7 MOTION for Limited Admission Pro Hac Vice of Mark David Patronella Filing fee $100, receipt number ANYNDC-6201705. Motions referred to Andrew T. Baxter. (Migliaccio, Nicholas)
February 9, 2023 Filing 6 DEMAND for Trial by Jury by Ryan Hargraves. (Migliaccio, Nicholas)
February 8, 2023 TEXT NOTICE OF FILING DEFICIENCY as to Ryan Hargraves regarding the #1 Complaint, NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Counsel has checked off Jury Demand on the Civil Cover Sheet, but the Jury Demand is not noted in the Pleading, pursuant to Fed.R.Civ.P 38. Failure to file a Demand for Jury Trial pursuant to Fed.R.Civ.P. Rule 38 constitutes a waiver of a jury trial. Notice of Filing Deficiency Deadline 2/13/2023. (jel, )
February 3, 2023 Filing 5 NOTICE OF ADMISSION REQUIREMENT as to Party Ryan Hargraves; Attorney Gregg I. Shavitz, Esq. and Loren Donnell, Esq., Email address is gshavitz@shavitzlaw.com; ldonnell@shavitzlaw.com. Phone number is (561) 447-8888. Admissions due by 2/17/2023. (Served via email w/ GO 25 and by regular mail) (mgh)
February 3, 2023 Filing 4 NOTICE OF ADMISSION REQUIREMENT as to Party Ryan Hargraves; Attorney Jason S. Rathod, Esq. and Mark Patronella, Esq., Email address is jrathod@classlawdc.com and mpatronella@classlawdc.com. Phone number is (202) 470-3520. Admissions due by 2/17/2023. (mgh) (Served via email w/ GO 25 and regular mail )
February 3, 2023 Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 5/4/2023 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 4/27/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mgh)
February 3, 2023 Filing 2 Summons Issued as to Select Comfort Retail Corporation. (mgh)
February 3, 2023 Filing 1 CLASS AND COLLECTIVE ACTION COMPLAINT against Select Comfort Retail Corporation (Filing fee $402 receipt number ANYNDC-6186083) filed by Ryan Hargraves. (Attachments: #1 Exhibit(s) Consent to Become a Party Plaintiff, #2 Civil Cover Sheet)(mgh)

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Plaintiff: Ryan Hargraves
Represented By: Michael J. Palitz
Represented By: Nicholas A. Migliaccio
Represented By: Mark Patronella
Represented By: Jason S. Rathod
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Defendant: Select Comfort Retail Corporation
Represented By: Daniel Gomez-Sanchez
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