Gregory v. Stewart's Shops Corp.
Plaintiff: Holly Gregory, Astrid Halten, Matthew Potter and Gregory
Defendant: Stewart's Shops Corp.
Case Number: 7:2014cv00033
Filed: January 9, 2014
Court: US District Court for the Northern District of New York
Office: Watertown Office
County: Lewis
Presiding Judge: Andrew T Baxter
Referring Judge: Thomas J McAvoy
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. ยง 201 Fair Labor Standards Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 15, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 23, 2015 Opinion or Order Filing 45 TEXT ORDER approving # 44 stipulation: The deadline for Stewart's Shops Corp. to answer or otherwise move in response to the # 25 amended complaint is extended to 4/15/2015. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 3/23/2015. (mae)
March 20, 2015 Opinion or Order Filing 44 STIPULATION re # 25 Amended Complaint by Stewart's Shops Corp.. (Anthony, William)
March 20, 2015 Opinion or Order Filing 43 NOTICE by Holly Gregory, Astrid Halten, Matthew Potter FLSA Consent to Join as Opt-in Plaintiff - Kevin Valik (Attachments: # 1 certificate of service)(Finn, Ryan)
March 2, 2015 Opinion or Order Filing 42 NOTICE by Holly Gregory, Astrid Halten, Matthew Potter FLSA Consent to Join as Opt-In Plaintiff for Amy Vooys (Attachments: # 1 George Martin opt-in, # 2 Certificate of Service)(Finn, Ryan)
March 2, 2015 Opinion or Order Filing 41 DECISION AND ORDER granting in part and denying in part Deft's # 29 Motion to Dismiss for Failure to State a Claim. The motion is granted in that the following claims are dismissed: Gregory's FLSA and NYLL overtime claims; Potter and Halten's FLSA and NYLL minimum wage claims; Pltfs' gap-time claims connected with general, sporadic events such as those assertd in the FAC 21 and 37; Pltfs' NYS common law paid break claims; All NYLL "call-in" claims except Gregory's claims for 11/10/13 & 10/9/13. All dismissals are without prejudice to repleading. Pltfs are granted leave to replead by 4/1/15. Signed by Senior Judge Thomas J. McAvoy on 3/1/15. (sfp, )
February 26, 2015 Opinion or Order Filing 40 NOTICE by Holly Gregory, Astrid Halten, Matthew Potter FLSA Consent - Opt In for Monica Kruger with certificate of service (Finn, Ryan)
August 25, 2014 Opinion or Order Filing 39 NOTICE by Holly Gregory, Astrid Halten, Matthew Potter FLSA Consent for Barbara R. Morrissey with Certificate of Service (Finn, Ryan)
August 11, 2014 Opinion or Order Minute Entry: MOTION CALENDAR held 8/11/2014 before Sr. District Judge Thomas J. McAvoy in Albany, NY: APP: None; CR: L. Tennyson; CRD/mp. Deft's # 29 MOTION to Dismiss for Failure to State a Claim - TAKEN ON SUBMIT. (cml)
August 7, 2014 Opinion or Order Filing 38 NOTICE by Holly Gregory, Astrid Halten, Matthew Potter FLSA Consent for Kalea Ferris with Certificate of Service (Finn, Ryan)
August 6, 2014 Opinion or Order TEXT NOTICE to parties advising that the pending motion for 8/11/14 is on submit basis, appearances are not required. (sfp, )
July 31, 2014 Opinion or Order Filing 37 REPLY to Response to Motion re # 29 MOTION to Dismiss for Failure to State a Claim Reply Memorandum of Law in Further Support filed by Stewart's Shops Corp.. (Attachments: # 1 Exhibit(s) Exhibit A)(Anthony, William)
July 31, 2014 Opinion or Order Filing 36 NOTICE by Holly Gregory, Astrid Halten, Matthew Potter FLSA Consent for Courtney DeMarsh, Tammy Bate, Shane McCauley and Kimberly A. Miele-Roddy with Certificate of Service (Finn, Ryan)
July 24, 2014 Opinion or Order Filing 35 CERTIFICATE OF SERVICE by Holly Gregory, Astrid Halten, Matthew Potter re # 34 Response in Opposition to Motion (Finn, Ryan)
July 24, 2014 Opinion or Order Filing 34 RESPONSE in Opposition re # 29 MOTION to Dismiss for Failure to State a Claim filed by Holly Gregory, Astrid Halten, Matthew Potter. (Attachments: # 1 Appendix Unreported Cases)(Finn, Ryan)
June 27, 2014 Opinion or Order Minute Entry: MOTION CALENDAR held 6/27/2014 before Sr. District Judge Thomas J. McAvoy in Binghamton, NY: APP: None; CR: V. Theleman; CRD/cml. Deft Stewart's Shops Corp.'s # 29 MOTION to Dismiss for Failure to State a Claim - ADJOURNED until 8/11/14 in Albany. (cml)
June 5, 2014 Opinion or Order Filing 33 TEXT ORDER granting # 32 Stipulation to adjourn Defts' # 29 Motion to Dismiss to Judge McAvoy's 8/11/14 Motion Calendar at 10 AM in Albany, NY. Response papers are due 7/24/14. Reply papers are due 7/31/14. Authorized by Senior Judge Thomas J. McAvoy on 6/5/14. (sfp, )
June 5, 2014 Opinion or Order Reset Deadlines: Defts' # 29 MOTION to Dismiss is adjourned to Judge McAvoy's 8/11/14 Motion Calendar at 10 AM in Albany, NY. Response to Motion due by 7/24/2014. Reply to Response to Motion due by 7/31/2014. (sfp, )
June 2, 2014 Opinion or Order Filing 32 STIPULATION re # 29 MOTION to Dismiss for Failure to State a Claim by Stewart's Shops Corp. submitted to Judge Hummel. (Anthony, William)
May 20, 2014 Opinion or Order Filing 31 TEXT ORDER: In light of the filing of the # 29 motion to dismiss, the telephonic Rule 16 conference set for 6/3/2014 and related civil case management plan deadline are hereby CANCELLED. The conference will be scheduled, if deemed necessary, after disposition of the # 29 motion. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 5/20/2014 (mae)
May 19, 2014 Opinion or Order Filing 30 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Stewart's Shops Corp.. (Anthony, William)
May 19, 2014 Opinion or Order Filing 29 MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 7/14/2014 10:00 AM in Albany before Senior Judge Thomas J. McAvoy Response to Motion due by 6/27/2014 Reply to Response to Motion due by 7/3/2014. filed by Stewart's Shops Corp.. (Attachments: # 1 Affidavit, # 2 Exhibit(s) C, # 3 Exhibit(s) D, # 4 Exhibit(s) F, # 5 Memorandum of Law, # 6 Exhibit(s) A, # 7 Exhibit(s) B, # 8 Exhibit(s) E, # 9 Exhibit(s) G) (Anthony, William)
May 19, 2014 Opinion or Order TEXT NOTICE of Hearing on Motion: Defendants' # 29 MOTION to Dismiss for Failure to State a Claim is placed on Judge McAvoy's 6/27/14 Motion Calendar at 10 AM in Binghamton. Response to Motion due by 6/10/2014. Reply to Response to Motion due by 6/16/2014. (sfp, )
May 7, 2014 Opinion or Order Filing 28 NOTICE by Holly Gregory, Astrid Halten, Matthew Potter FLSA Consent for James G. Warlikowski, Bryant E. Barksdale, Michelle Guler, James D. Dean, Jr., Elaine Papadakis and Michael Pratt with Certificate of Service (Finn, Ryan)
April 23, 2014 Opinion or Order Filing 27 NOTICE by Holly Gregory, Astrid Halten, Matthew Potter FLSA Consent for Johanna E. Trahan with Certificate of Service (Finn, Ryan)
April 21, 2014 Opinion or Order Filing 26 NOTICE by Holly Gregory, Astrid Halten, Matthew Potter FLSA Consent for Brittany Gorman with Certificate of Service (Finn, Ryan)
April 21, 2014 Opinion or Order Set Deadlines: Per the 9 Text Order the defendant's answer to the # 25 amended complaint is due 5/19/2014. (mae)
April 18, 2014 Opinion or Order Filing 25 AMENDED COMPLAINT against All Defendants filed by Holly Gregory, Matthew Potter and Astrid Halten.(Finn, Ryan) Modified on 4/18/2014 (tab).
April 18, 2014 Opinion or Order Filing 24 NOTICE by Holly Gregory FLSA Consent for Astrid Halten with Certificate of Service (Finn, Ryan)
April 16, 2014 Opinion or Order Filing 23 NOTICE by Holly Gregory FLSA Consent for Carol Gardner and Chaundra L. Harvey with Certificate of Service (Finn, Ryan)
April 11, 2014 Opinion or Order Filing 22 CERTIFICATE OF SERVICE by Holly Gregory FLSA Consents for Holly Gregory, Autumn Carpenter, David Lotto, Dawn Freemire, Jennifer Kellar, Jennifer Ringrose, Marcia Higgins, Matthew Potter, Michael Bellino, Rebekah Martino, Seana Stevens and Tiffany Jenkins (Finn, Ryan)
April 9, 2014 Opinion or Order Filing 21 NOTICE by Holly Gregory FLSA Consent for Tiffany Jenkins (Finn, Ryan)
April 9, 2014 Opinion or Order Filing 20 NOTICE by Holly Gregory FLSA Consent for Seana Stevens (Finn, Ryan)
April 9, 2014 Opinion or Order Filing 19 NOTICE by Holly Gregory FLSA Consent for Rebekah Martino (Finn, Ryan)
April 9, 2014 Opinion or Order Filing 18 NOTICE by Holly Gregory FLSA Consent for Michael Bellino (Finn, Ryan)
April 9, 2014 Opinion or Order Filing 17 NOTICE by Holly Gregory FLSA Consent for Matthew Potter (Finn, Ryan)
April 9, 2014 Opinion or Order Filing 16 NOTICE by Holly Gregory FLSA Consent for Marcia Higgins (Finn, Ryan)
April 9, 2014 Opinion or Order Filing 15 NOTICE by Holly Gregory FLSA Consent for Jennifer Ringrose (Finn, Ryan)
April 9, 2014 Opinion or Order Filing 14 NOTICE by Holly Gregory FLSA Consent for Jennifer Kellar (Finn, Ryan)
April 9, 2014 Opinion or Order Filing 13 NOTICE by Holly Gregory FLSA Consent for Dawn Freemire (Finn, Ryan)
April 9, 2014 Opinion or Order Filing 12 NOTICE by Holly Gregory FLSA Consent for David Lotto (Finn, Ryan)
April 9, 2014 Opinion or Order Filing 11 NOTICE by Holly Gregory FLSA Consent for Autumn Carpenter (Finn, Ryan)
April 9, 2014 Opinion or Order Filing 10 NOTICE by Holly Gregory FLSA Consent (Finn, Ryan)
March 19, 2014 Opinion or Order Filing 9 TEXT ORDER approving the # 8 Stipulation. Plaintiff's amended complaint shall be filed and served on or before 4/18/2014, and the defendant shall have 30 days from service of that amended complaint to answer or otherwise move. Defendant does not need to answer the # 1 complaint. The telephonic Rule 16 conference originally scheduled for 4/10/2014 is adjourned to 6/3/2014 at 11:00 a.m. before U.S. Magistrate Judge Andrew T. Baxter. Plaintiff's counsel is directed to initiate the call to chambers at 315-234-8600. The joint civil case management plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/27/2014. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 3/19/2014. (mae)
March 19, 2014 Opinion or Order Filing 8 STIPULATION by Stewart's Shops Corp. submitted to Judge Thomas J. McAvoy. (Anthony, William)
March 18, 2014 Opinion or Order Filing 7 AFFIDAVIT of Service for Summons, Complaint, General Order #25 served on Stewart's Shops Corp. on March 11, 2014, filed by Holly Gregory. (Finn, Ryan)
March 18, 2014 Opinion or Order ***Answer due date updated for Stewart's Shops Corp. answer due 4/1/2014. (sfp, )
March 17, 2014 Opinion or Order Filing 6 NOTICE of Appearance by William J. Anthony on behalf of Stewart's Shops Corp. (Anthony, William)
March 17, 2014 Opinion or Order Filing 5 NOTICE of Appearance by Stephanie L. Goutos on behalf of Stewart's Shops Corp. (Goutos, Stephanie)
March 17, 2014 Opinion or Order Filing 4 NOTICE of Appearance by Peter M. Torncello on behalf of Stewart's Shops Corp. (Torncello, Peter)
January 10, 2014 Opinion or Order Filing 3 G.O. 25 FILING ORDER ISSUED: Rule 16 Initial Conference set for 4/10/2014 at 11:00 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 4/3/2014. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (sfp, )
January 10, 2014 Opinion or Order Filing 2 Summons Issued as to Stewart's Shops Corp.. (sfp, )
January 9, 2014 Opinion or Order Filing 1 CLASS ACTION COMPLAINT against Stewart's Shops Corp. (Filing fee $400 receipt number 2809045) filed by Holly Gregory. (Attachments: # 1 Civil Cover Sheet)(sfp, )

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Plaintiff: Holly Gregory
Represented By: Ryan M. Finn
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Plaintiff: Astrid Halten
Represented By: Ryan M. Finn
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Plaintiff: Matthew Potter
Represented By: Ryan M. Finn
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Plaintiff: Gregory
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Defendant: Stewart's Shops Corp.
Represented By: William J. Anthony
Represented By: Stephanie L. Goutos
Represented By: Peter M. Torncello
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