Collins et al v. Northeast Grocery, Inc. et al
| Gail Collins, Dean Devito, Michael Lamoureux and Scott Lobdell |
| Northeast Grocery, Inc., The Administrative Committee of the Northeast Grocery, Inc. 401(k) Savings Plan and John and Jane Does 1-30 |
| 5:2024cv00080 |
| January 17, 2024 |
| US District Court for the Northern District of New York |
| David N Hurd |
| Mitchell J Katz |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1104 Recovery of Benefits to Employee |
| None |
Docket Report
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This docket was last retrieved on March 5, 2024. A more recent docket listing may be available from PACER.
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| Filing 12 TEXT ORDER: The Rule 16 conference set for 4/17/2024 and the 4/10/2024 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 disposition of the #10 motion to dismiss. SO ORDERED by U.S. Magistrate Judge Mitchell J. Katz on 3/5/2024. (kmc) |
| Filing 11 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by John and Jane Does 1-30, Northeast Grocery, Inc., The Administrative Committee of the Northeast Grocery, Inc. 401(k) Savings Plan. (Stanat, Erika) |
| Filing 10 MOTION to Dismiss for Failure to State a Claim filed by John and Jane Does 1-30, Northeast Grocery, Inc., The Administrative Committee of the Northeast Grocery, Inc. 401(k) Savings Plan. Motion returnable before Judge David N. Hurd. Response to Motion due by 3/25/2024. Reply to Response to Motion due by 4/1/2024 (Attachments: #1 Memorandum of Law, #2 Declaration, #3 Exhibit(s) A) (Stanat, Erika) Modified on 3/5/2024 to clarify that motion is returnable before District Judge David N. Hurd (kck). |
| Filing 9 SUMMONS Returned Executed by Gail Collins, Dean Devito, Scott Lobdell, Michael Lamoureux. Northeast Grocery, Inc. served on 2/12/2024, answer due 3/4/2024; The Administrative Committee of the Northeast Grocery, Inc. 401(k) Savings Plan served on 2/12/2024, answer due 3/4/2024. (Sharman, Paul) |
| Filing 8 NOTICE OF APPEARANCE by Paul Sharman on behalf of All Plaintiffs (Sharman, Paul) |
| Filing 7 TEXT ORDER: Granting #6 Motion for Limited Admission Pro Hac Vice for Paul Sharman. 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 Sharman 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 Mitchell J. Katz on 1/25/2024. (kmc) |
| Filing 6 MOTION for Limited Admission Pro Hac Vice of Paul J. Sharman, Esq, Filing fee $100, receipt number ANYNDC-6585925. [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY] (Attachments: #1 Exhibit(s)) Motions referred to Mitchell J. Katz. (Till, Peter) |
| TEXT NOTICE OF FILING DEFICIENCY as to plaintiff's counsel, Peter Till, re #5 Notice. NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Other Deficiency - The correction(s) should be made within 3 days of this notice. Plaintiff's counsel, Peter Till, filed what intends to be a Motion for Pro Hac Vice Application. Plaintiff's counsel is directed to file the Motion for Pro Hac Vice Application using the correct event "Limited Admission Pro Hac Vice," pay the $100.00 filing fee, and submit the correct Certificate of Good Standing document that is issued by a Court. Notice of Filing Deficiency Deadline 1/24/2024 (kmc) |
| Filing 5 NOTICE by Gail Collins, Dean Devito, Michael Lamoureux, Scott Lobdell Motion For Pro Hac Vice Admission (Till, Peter) |
| Filing 4 NOTICE OF ADMISSION REQUIREMENT as to Party Gail Collins, et al.; Attorney Paul J. Sherman, Esq., Email address is paul@sharman-law.com. Phone number is (678) 242-5297. Admissions due by 2/1/2024. Copy of Notice of Admission requirement and GO #25 served via email 1/18/2024.(kck) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Video Conference set for 4/17/2024 at 9:30 AM before US Magistrate Judge Mitchell J. Katz. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 4/10/2024. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (kck) |
| Filing 2 Summons Issued as to Northeast Grocery, Inc. and The Administrative Committee of the Northeast Grocery, Inc. 401(k) Savings Plan. (Attachment: #1 Summons Issued as to Administrative Committee of the Northeast Grocery, Inc. 401(k) Savings Plan)(kck) |
| TEXT NOTICE: Although the plaintiff herein has named John Doe defendant(s) 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. (kck) |
| Filing 1 CLASS ACTION COMPLAINT against Northeast Grocery, Inc., The Administrative Committee of the Northeast Grocery, Inc. 401(k) Savings Plan and John and Jane Does 1-30 (Filing fee $405 receipt number ANYNDC-6581886) filed by Gail Collins, Dean Devito, Michael Lamoureux and Scott Lobdell.(Attachment: #1 Civil Cover Sheet)(kck) |
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