Jones v. SCO Family of Services et al
Plaintiff: Doreen Jones
Defendant: SCO Family of Services, Douglas O'Dell, Diane Krasnoff, Sybrina Richardson and Joann Josey
Case Number: 1:2015cv08733
Filed: November 6, 2015
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: Kings
Presiding Judge: George B Daniels
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 201 Fair Labor Standards Act
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on December 2, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 2, 2016 Opinion or Order Filing 48 MEMORANDUM DECISION AND ORDER denying #41 Letter Motion for Leave to File Document: Plaintiff's motion for leave to amend the Complaint is DENIED. Plaintiff's proposed Amended Complaint has failed to sufficiently allege enterprise or individual coverage under the FLSA. Leave to amend would therefore be futile. The Clerk of Court is directed to close the motion at ECF No. 41. (Signed by Judge George B. Daniels on 12/1/2016) (tn) Modified on 12/2/2016 (tn).
October 3, 2016 Filing 47 MEMORANDUM OF LAW in Opposition re: #41 MOTION for Leave to File Amended Complaint . (Memorandum of Law in Opposition to Plaintiff's Motion for Leave to File a First Amended Complaint in its Proposed Form). Document filed by Joann Josey, Diane Krasnoff, Douglas O'Dell, Sybrina Richardson, SCO Family of Services. (Shields, Ana)
October 3, 2016 Filing 46 AFFIRMATION of Ana C. Shields in Opposition re: #41 MOTION for Leave to File Amended Complaint .. Document filed by Joann Josey, Diane Krasnoff, Douglas O'Dell, Sybrina Richardson, SCO Family of Services. (Attachments: #1 Exhibit Exhibit A to Ana C. Shields Affirmation in Opposition to Plaintiff's Motion for Leave to File a First Amended Complaint, #2 Exhibit Exhibit B to Ana C. Shields Affirmation in Opposition to Plaintiff's Motion for Leave to File a First Amended Complaint, #3 Exhibit Exhibit C to Ana C. Shields Affirmation in Opposition to Plaintiff's Motion for Leave to File a First Amended Complaint, #4 Exhibit Exhibit D to Ana C. Shields Affirmation in Opposition to Plaintiff's Motion for Leave to File a First Amended Complaint, #5 Exhibit Exhibit E to Ana C. Shields Affirmation in Opposition to Plaintiff's Motion for Leave to File a First Amended Complaint)(Shields, Ana)
September 29, 2016 Filing 45 MEMORANDUM OF LAW in Support re: #41 MOTION for Leave to File Amended Complaint . . Document filed by Doreen Jones. (Attachments: #1 Exhibit A, #2 Exhibit B)(Moriarty, Russell)
September 7, 2016 Opinion or Order Filing 44 ORDER granting #43 Letter Motion for Extension of Time to File Response/Reply re #43 LETTER MOTION for Extension of Time to File Response/Reply as to #42 Memorandum of Law in Support of Motion for Leave to File an Amended Complaint addressed to Judge George B. Daniels from Ana C. Shields, Esq. dated August 30, 2016. SO ORDERED. Responses due by 10/3/2016. (Signed by Judge George B. Daniels on 9/06/2016) (ama)
August 30, 2016 Filing 43 LETTER MOTION for Extension of Time to File Response/Reply as to #42 Memorandum of Law in Support of Motion for Leave to File an Amended Complaint addressed to Judge George B. Daniels from Ana C. Shields, Esq. dated August 30, 2016. Document filed by Joann Josey, Diane Krasnoff, Douglas O'Dell, Sybrina Richardson, SCO Family of Services.(Shields, Ana)
August 19, 2016 Filing 42 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #45) - MEMORANDUM OF LAW in Support re: #41 MOTION for Leave to File Amended Complaint . . Document filed by Doreen Jones. (Attachments: #1 Exhibit A, #2 Exhibit B)(Moriarty, Russell) Modified on 9/30/2016 (ldi).
August 19, 2016 Filing 41 MOTION for Leave to File Amended Complaint . Document filed by Doreen Jones.(Moriarty, Russell)
August 10, 2016 Filing 40 CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Decision and Order dated August 10, 2016, Plaintiff has failed to state a claim for FLSA wage overtime violations under enterprise or individual coverage against SCO. Accordingly, Defendants' motion to dismiss the first cause of action under the FLSA is granted. Further, this Court declines to exercise supplemental jurisdiction over the Second Cause of Action for overtime wage violations brought under New York Labor Law; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 8/10/2016) (Attachments: #1 Right to Appeal, #2 Right to Appeal)(km)
August 10, 2016 Opinion or Order Filing 39 MEMORANDUM DECISION AND ORDER granting #15 Motion to Dismiss. Plaintiff has failed to state a claim for FLSA wage overtime violations under enterprise or individual coverage against SCO. Accordingly, Defendants' motion to dismiss the first cause of action under the FLSA is GRANTED. The Clerk of Court is directed to close the motion at ECF No. 15 and this case. SO ORDERED. (Signed by Judge George B. Daniels on 8/10/2016) (ama)
August 10, 2016 Transmission to Judgments and Orders Clerk. Transmitted re: #39 Order on Motion to Dismiss,, to the Judgments and Orders Clerk. (ama)
August 3, 2016 Minute Entry for proceedings held before Judge George B. Daniels: Oral Argument held on 8/3/2016 re: #15 MOTION to Dismiss . filed by Sybrina Richardson, Diane Krasnoff, Joann Josey, Douglas O'Dell, SCO Family of Services. Plaintiff Counsel: Russell S. MoriartyDefense Counsel: Ana Shields and Court Reporter present. The subsequent conference is scheduled for December 7, 2016 at 9:45 a.m. (Vega, Elizabeth)
July 5, 2016 Opinion or Order Filing 38 ORDER. The initial conference scheduled for August 3, 2016 at 9:30 a.m. is adjourned to 10:30 a.m. for oral argument on the Motion to Dismiss. The Clerk of Court is directed to close the motion at ECF No. 37. So ordered. Terminating #37 LETTER MOTION to Adjourn Conference Initial Conference (which currently is scheduled for August 3, 2016 at 9:30 a.m.) addressed to Judge George B. Daniels from Ana C. Shields dated June 27, 2016. Document filed by Joann Josey, Diane Krasnoff, Douglas O'Dell, Sybrina Richardson, SCO Family of Services. The following hearing(s) was terminated: Initial Conference. (Signed by Judge George B. Daniels on 7/1/2016) (rjm)
July 5, 2016 Set/Reset Hearings: Oral Argument set for 8/3/2016 at 10:30 AM before Judge George B. Daniels. (rjm)
June 27, 2016 Filing 37 LETTER MOTION to Adjourn Conference Initial Conference (which currently is scheduled for August 3, 2016 at 9:30 a.m.) addressed to Judge George B. Daniels from Ana C. Shields dated June 27, 2016. Document filed by Joann Josey, Diane Krasnoff, Douglas O'Dell, Sybrina Richardson, SCO Family of Services.(Shields, Ana)
June 1, 2016 Opinion or Order Filing 36 INITIAL PRETRIAL CONFERENCE: Counsel for all parties are hereby directed to attend a conference at the time and place fixed below, for the purpose of Case Management and scheduling pursuant to Fed. R. Civ. P.16. An Initial pretrial conference will be held on Wednesday, August 3, 2016 at 9:30 a.m. at the United States District Courthouse, 500 Pearl Street, New York, New York, Courtroom11A. SO ORDERED. Initial Conference set for 8/3/2016 at 09:30 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels. (Signed by Judge George B. Daniels on 5/31/2016) (ama)
May 25, 2016 NOTICE OF CASE REASSIGNMENT to Judge George B. Daniels. Judge Robert W. Sweet is no longer assigned to the case. (wb)
May 2, 2016 Opinion or Order Filing 35 MEMO ENDORSEMENT on re: #33 Letter re: Discontinuance of Appearance, filed by Sybrina Richardson, Diane Krasnoff, Joann Josey, Douglas O'Dell, SCO Family of Services. ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 5/2/2016) (spo)
May 2, 2016 Opinion or Order Filing 34 MEMO ENDORSEMENT granting #31 Motion to Withdraw as Attorney. ENDORSEMENT: So ordered. Attorney Alyssa Mattingly Smilowitz terminated. (Signed by Judge Robert W. Sweet on 5/2/2016) (spo)
April 29, 2016 Filing 33 LETTER addressed to Judge Robert W. Sweet from Alyssa M. Smilowitz dated April 29, 2016 re: Discontinuance of Appearance. Document filed by Joann Josey, Diane Krasnoff, Douglas O'Dell, Sybrina Richardson, SCO Family of Services.(Smilowitz, Alyssa)
April 28, 2016 Filing 32 CERTIFICATE OF SERVICE of Motion to Withdraw as Counsel (remove Alyssa Smilowitz, Esq. from Court docket) served on Russell S. Moriarty on 04/28/16. Service was made by electronically. Document filed by Joann Josey, Diane Krasnoff, Douglas O'Dell, Sybrina Richardson, SCO Family of Services. (Shields, Ana)
April 28, 2016 Filing 31 MOTION for Alyssa M. Smilowitz, Esq. to Withdraw as Attorney (and removed from court docket). Document filed by Joann Josey, Diane Krasnoff, Douglas O'Dell, Sybrina Richardson, SCO Family of Services.(Shields, Ana)
April 22, 2016 Opinion or Order Filing 30 ORDER granting #29 Letter Motion to Adjourn Conference. Adjourned to May 26. (Signed by Judge Robert W. Sweet on 4/22/2016) (spo)
April 21, 2016 Filing 29 LETTER MOTION to Adjourn Conference addressed to Judge Robert W. Sweet from Russell S. Moriarty dated 04/21/2016. Document filed by Doreen Jones.(Moriarty, Russell)
April 21, 2016 Filing 28 REPLY MEMORANDUM OF LAW in Support re: #15 MOTION to Dismiss . Reply Memorandum of Law in Further Support of Defendants' Motion to Dismiss Plaintiff's Complaint Pursuant to Rule 12(B)(6) of the Federal Rules of Civil Procedure. Document filed by Joann Josey, Diane Krasnoff, Douglas O'Dell, Sybrina Richardson, SCO Family of Services. (Shields, Ana)
April 20, 2016 Opinion or Order Filing 27 ORDER: Defendant's motion to dismiss, dated February 22, 2016, inadvertently set for April 29, 2016 shall be heard at noon on Thursday, April 28, 2016 in Courtroom 18C, United States Courthouse, 500 Pearl Street. All papers shall be served in accordance with the agreed upon briefing schedule. (Motion Hearing set for 4/28/2016 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 4/20/2016) (spo)
April 18, 2016 Filing 26 NOTICE OF APPEARANCE by Roberto, Jr. Concepcion on behalf of Joann Josey, Diane Krasnoff, Douglas O'Dell, Sybrina Richardson, SCO Family of Services. (Concepcion, Roberto, Jr.)
April 14, 2016 Opinion or Order Filing 25 ORDER granting #24 Letter Motion for Leave to File Excess Pages. So ordered. (Signed by Judge Robert W. Sweet on 4/13/2016) (mro)
April 13, 2016 Filing 24 LETTER MOTION for Leave to File Excess Pages addressed to Judge Robert W. Sweet from Ana C. Shields dated April 13, 2016. Document filed by Joann Josey, Diane Krasnoff, Douglas O'Dell, Sybrina Richardson, SCO Family of Services.(Shields, Ana)
March 23, 2016 Filing 23 DECLARATION of Russell S. Moriarty in Opposition re: #15 MOTION to Dismiss .. Document filed by Doreen Jones. (Attachments: #1 Exhibit A)(Moriarty, Russell)
March 23, 2016 Filing 22 MEMORANDUM OF LAW in Opposition re: #15 MOTION to Dismiss . . Document filed by Doreen Jones. (Moriarty, Russell)
March 15, 2016 Opinion or Order Filing 21 ORDER granting #20 Letter Motion to Adjourn Conference. So ordered. (Signed by Judge Robert W. Sweet on 3/14/2016) (cf)
March 11, 2016 Filing 20 LETTER MOTION to Adjourn Conference addressed to Judge Robert W. Sweet from Ana C. Shields, Esq. dated March 11, 2016. Document filed by Joann Josey, Diane Krasnoff, Douglas O'Dell, Sybrina Richardson, SCO Family of Services.(Shields, Ana)
March 8, 2016 Opinion or Order Filing 19 ORDER Setting Hearing on Motion #15 MOTION to Dismiss. With reference to Plaintiff's letter of February 24, 2016, Defendant's motion to dismiss, dated February 22, 2016, shall be heard at noon on Thursday, April 29, 2016 in Courtroom 18C, United States Courthouse, 500 Pearl Street. All papers shall be served in accordance with the agreed upon briefing schedule. It is so ordered. (Motion Hearing set for 4/29/2016 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 3/6/2016) (adc)
February 24, 2016 Filing 18 LETTER addressed to Judge Robert W. Sweet from Russell S. Moriarty, Esq. dated 02/24/2016 re: Proposed Briefing Schedule regarding Defendants' Motion to Dimiss. Document filed by Doreen Jones.(Moriarty, Russell)
February 22, 2016 Filing 17 MEMORANDUM OF LAW in Support re: #15 MOTION to Dismiss . . Document filed by Joann Josey, Diane Krasnoff, Douglas O'Dell, Sybrina Richardson, SCO Family of Services. (Shields, Ana)
February 22, 2016 Filing 16 AFFIRMATION of Ana C. Shields, Esq. in Support re: #15 MOTION to Dismiss .. Document filed by Joann Josey, Diane Krasnoff, Douglas O'Dell, Sybrina Richardson, SCO Family of Services. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Shields, Ana)
February 22, 2016 Filing 15 MOTION to Dismiss . Document filed by Joann Josey, Diane Krasnoff, Douglas O'Dell, Sybrina Richardson, SCO Family of Services.(Shields, Ana)
January 27, 2016 Opinion or Order Filing 14 ORDER: Please be advised that the conference scheduled for 2-10-16 has been rescheduled to 3-23-16 at 4:00pm in Courtroom 18C. Please notify opposing counsel of the change. (Status Conference set for 3/23/2016 at 04:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 1/27/2016) (kko)
January 15, 2016 Opinion or Order Filing 13 ORDER granting #12 Letter Motion to Adjourn Conference; granting #12 Letter Motion for Extension of Time to Answer: So ordered. Joann Josey answer due 2/22/2016; Diane Krasnoff answer due 2/22/2016; Douglas O'Dell answer due 2/22/2016; Sybrina Richardson answer due 2/22/2016; SCO Family of Services answer due 2/22/2016. (Signed by Judge Robert W. Sweet on 1/15/2016) (tn)
January 14, 2016 Filing 12 LETTER MOTION to Adjourn Conference addressed to Judge Robert W. Sweet from Ana C. Shields dated January 13, 2016., LETTER MOTION for Extension of Time to File Answer addressed to Judge Robert W. Sweet from Ana C. Shields dated January 13, 2016. Document filed by Joann Josey, Diane Krasnoff, Douglas O'Dell, Sybrina Richardson, SCO Family of Services.(Shields, Ana)
December 22, 2015 Filing 11 NOTICE OF APPEARANCE by Russell S. Moriarty on behalf of Doreen Jones. (Moriarty, Russell)
December 21, 2015 Opinion or Order Filing 10 ORDER granting #8 LETTER MOTION for Extension of Time to File Answer addressed to Judge Robert W. Sweet from Ana C. Shields, Esq. dated 12/14/2015. Application granted. Defendants' time to answer or otherwise respond to the Complaint is extended until January 20, 2016. SO ORDERED. (Joann Josey answer due 1/20/2016; Diane Krasnoff answer due 1/20/2016; Douglas O'Dell answer due 1/20/2016; Sybrina Richardson answer due 1/20/2016; SCO Family of Services answer due 1/20/2016.) (Signed by Judge Gregory H. Woods, Part I on 12/21/2015) (adc)
December 21, 2015 Opinion or Order Filing 9 PRETRIAL ORDER: Initial Conference set for 2/10/2016 at 04:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. (Signed by Judge Robert W. Sweet on 12/21/2015) (kgo)
December 14, 2015 Filing 8 LETTER MOTION for Extension of Time addressed to Judge Robert W. Sweet from Ana C. Shields, Esq. dated 12/14/2015., LETTER MOTION for Extension of Time to File Answer addressed to Judge Robert W. Sweet from Ana C. Shields, Esq. dated 12/14/2015.( Return Date set for 1/20/2016 at 05:00 PM.) Document filed by Joann Josey, Diane Krasnoff, Douglas O'Dell, Sybrina Richardson, SCO Family of Services.(Shields, Ana)
November 19, 2015 Filing 7 NOTICE OF APPEARANCE by Alyssa Mattingly Smilowitz on behalf of Joann Josey, Diane Krasnoff, Douglas O'Dell, Sybrina Richardson, SCO Family of Services. (Smilowitz, Alyssa)
November 18, 2015 Opinion or Order Filing 6 ORDER granting #5 Letter Motion for Extension of Time to Answer: So ordered. Joann Josey answer due 12/21/2015; Diane Krasnoff answer due 12/21/2015; Douglas O'Dell answer due 12/21/2015; Sybrina Richardson answer due 12/21/2015; SCO Family of Services answer due 12/21/2015. (Signed by Judge Robert W. Sweet on 11/18/2015) (tn) Modified on 11/18/2015 (kgo). Modified on 12/1/2015 (tn).
November 18, 2015 Set/Reset Deadlines: Joann Josey answer due 12/21/2015; Diane Krasnoff answer due 12/21/2015; Douglas O'Dell answer due 12/21/2015; Sybrina Richardson answer due 12/21/2015; SCO Family of Services answer due 12/21/2015. (kgo)
November 17, 2015 Filing 5 LETTER MOTION for Extension of Time to File Answer addressed to Judge Robert W. Sweet from Ana C. Shields dated November 17, 2015. Document filed by Joann Josey, Diane Krasnoff, Douglas O'Dell, Sybrina Richardson, SCO Family of Services.(Shields, Ana)
November 9, 2015 ***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Ana Shields. The following case opening statistical information was erroneously selected/entered: Other Court Name Blank; Other Court Number Blank; County code New York. The following correction(s) have been made to your case entry: the Other Court Name has been modified to State Court-Supreme; the Other Court Number has been modified to 160471-15; the County code has been modified to Kings. (pc)
November 9, 2015 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Ana Shields. The party information for the following party/parties has been modified: Doreen Jones, DOUGLAS O'DELL, DIANE KRASNOFF, SYBRINA RICHARDSON and JOANN JOSEY. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted. (pc)
November 9, 2015 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Ana Shields to RE-FILE Document No. #4 Notice of Removal,. The filing is deficient for the following reason(s): There was already a notice of removal filed. (pc)
November 9, 2015 Magistrate Judge Sarah Netburn is so designated. (pc)
November 9, 2015 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Robert W. Sweet. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pc)
November 9, 2015 Case Designated ECF. (pc)
November 6, 2015 Filing 4 FILING ERROR - DUPLICATE DOCKET ENTRY NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 160471/2015..Document filed by JOANN JOSEY, DIANE KRASNOFF, DOUGLAS O'DELL, SCO Family of Services, SYBRINA RICHARDSON.(Shields, Ana) Modified on 11/9/2015 (pc).
November 6, 2015 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by SCO Family of Services.(Shields, Ana)
November 6, 2015 Filing 2 CIVIL COVER SHEET filed. (Shields, Ana)
November 6, 2015 Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 160471/2015. (Filing Fee $ 400.00, Receipt Number 0208-11598043).Document filed by JOANN JOSEY, DIANE KRASNOFF, DOUGLAS O'DELL, SCO Family of Services, SYBRINA RICHARDSON.(Shields, Ana)

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Search for this case: Jones v. SCO Family of Services et al
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Plaintiff: Doreen Jones
Represented By: Russell S. Moriarty
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Defendant: SCO Family of Services
Represented By: Alyssa Mattingly Smilowitz
Represented By: Roberto, Jr. Concepcion
Represented By: Ana C. Shields
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Defendant: Douglas O'Dell
Represented By: Alyssa Mattingly Smilowitz
Represented By: Roberto, Jr. Concepcion
Represented By: Ana C. Shields
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Defendant: Diane Krasnoff
Represented By: Alyssa Mattingly Smilowitz
Represented By: Roberto, Jr. Concepcion
Represented By: Ana C. Shields
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Defendant: Sybrina Richardson
Represented By: Alyssa Mattingly Smilowitz
Represented By: Roberto, Jr. Concepcion
Represented By: Ana C. Shields
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Defendant: Joann Josey
Represented By: Alyssa Mattingly Smilowitz
Represented By: Roberto, Jr. Concepcion
Represented By: Ana C. Shields
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