Coleman v. De Franco Pharmacy, Inc. et al
Dennis Coleman |
De Franco Pharmacy, Inc., Long Island Growth Enterprises, Inc., Chandu Malepati and James De Franco |
1:2017cv08340 |
October 30, 2017 |
US District Court for the Southern District of New York |
Foley Square Office |
Henry B Pitman |
Labor: Fair Standards |
29 U.S.C. § 201 |
Plaintiff |
Docket Report
This docket was last retrieved on August 1, 2018. A more recent docket listing may be available from PACER.
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Filing 33 OPINION AND ORDER: Accordingly, for all the foregoing reasons, I approve the settlement in this matter. In light of the settlement, the action is dismissed with prejudice and without costs. The Clerk is respectfully requested to mark this matter closed. SO ORDERED. (Signed by Magistrate Judge Henry B. Pitman on 8/1/2018) Copies Transmitted By Chambers. (ne) Modified on 10/24/2018 (ne). |
Filing 32 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Dennis Coleman, James De Franco, De Franco Pharmacy, Inc., Long Island Growth Enterprises, Inc., Chandu Malepati. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Henry B. Pitman. (Signed by Judge Analisa Torres on 7/30/2018) (cf) |
Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Settlement Conference held on 7/26/2018. (ajc) |
Set/Reset Hearings: Settlement Conference set for 7/26/2018 at 02:30 PM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Henry B. Pitman. (ajc) Modified on 7/9/2018 (ajc). |
Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Telephone Conference held on 7/6/2018. (ajc) |
Set/Reset Hearings: Telephone Conference set for 7/6/2018 at 09:30 AM before Magistrate Judge Henry B. Pitman. (ajc) |
Filing 31 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Henry B. Pitman. (Signed by Judge Analisa Torres on 5/30/2018) (cf) |
Filing 30 LETTER addressed to Judge Analisa Torres from Plaintiff's Counsel Abdul K. Hassan, Esq. dated March 30, 2018 re: Settlement Referral Request. Document filed by Dennis Coleman.(Hassan, Abdul) |
Filing 29 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a magistrate judge, including motions and trial. This case is to be tried a jury. Any motion to amend or to join additional parties shall be filed within 30 days from the date of this Order. Deposition due by 8/3/2018. Fact Discovery due by 8/3/2018. Case Management Conference set for 8/20/2018 at 11:20 AM before Judge Analisa Torres. Counsel for the parties have conferred and their present best estimate of the length of trial is 1-2 days. This ORDER may not be modified or the dates herein extended, except by further order of this Court for good cause shown. Any application to modify or extend the dates herein (except as noted in paragraph 6) shall be made in a written application in accordance with paragraph I.B. of the Court's Individual Practices and shall be made no less than five (5) days prior to the expiration of the date sought to be extended. SO ORDERED. (Signed by Judge Analisa Torres on 4/5/2018) (rj) |
Filing 28 ORDER: The initial pretrial conference scheduled for April 5, 2018, at 11:00 a.m., is ADJOURNED to April 5, 2018, at 4:15 p.m. Initial Conference set for 4/5/2018 at 04:15 PM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 4/4/2018) (cf) |
Filing 27 JOINT LETTER addressed to Judge Analisa Torres from Plaintiff's Counsel Abdul K. Hassan, Esq. dated March 29, 2018 re: Joint Letter/Proposed Case Management Plan. Document filed by Dennis Coleman. (Attachments: #1 Proposed Case Management Plan)(Hassan, Abdul) |
Filing 26 ORDER: The initial pretrial conference scheduled for March 27, 2018 is ADJOURNED to April 5, 2018, at 11:00 a.m. The parties shall file their joint letter and proposed case management plan by March 29, 2018. Initial Conference set for 4/5/2018 at 11:00 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 3/19/2018) (cf) |
Filing 25 ORDER: Initial Conference set for 3/27/2018 at 11:00 AM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 3/8/2018) (cf) |
Filing 24 LETTER addressed to Judge Analisa Torres from Plaintiff's Counsel Abdul K. Hassan, Esq. dated March 2, 2018 re: Response to Order (ECF No. 23). Document filed by Dennis Coleman.(Hassan, Abdul) |
Filing 23 ORDER On January 26, 2018, the Court ordered Plaintiff to seek default judgment or voluntarily dismiss the case if Defendants still had not appeared by February 23, 2018. ECF No. 21. On February 22, 2018, counsel for Defendants De Franco Pharmacy, Inc. and Chandu Malepati filed a notice of appearance. ECF No. 22. Plaintiff has not sought default judgment or other action with respect to Defendants Long Island Growth Enterprises, Inc. and James De Franco. Accordingly, Plaintiff is ORDERED to, by March 2, 2018, file on ECF and email a courtesy copy to chambers a letter (1) updating the Court on the status of Defendants Long Island Growth Enterprises, Inc. and James De Franco, if any, and (2) informing the Court whether Plaintiff intends to seek default judgment against these Defendants in accordance with Attachment A of the Court's Individual Practices. (Signed by Judge Analisa Torres on 2/26/2018)(DN) |
Filing 22 NOTICE OF APPEARANCE by Shawn N. Butte on behalf of De Franco Pharmacy, Inc., Chandu Malepati. (Butte, Shawn) |
Filing 21 ORDER denying #20 Letter Motion to Adjourn Conference. DENIED. The initial pretrial conference scheduled for January 31, 2018 is ADJOURNED sine die. If Defendants have not appeared by February 23, 2018, Plaintiff shall, by the same date, either (1) seek default judgment in accordance with Attachment A of the Court's Individual Practices in Civil Cases, or (2) voluntarily dismiss this action. (Signed by Judge Analisa Torres on 1/26/2018) (cf) |
Filing 20 LETTER MOTION to Adjourn Conference and Status Report addressed to Judge Analisa Torres from Plaintiff's Counsel Abdul K. Hassan, Esq. dated January 25, 2018. Document filed by Dennis Coleman.(Hassan, Abdul) |
Filing 19 ORDER The parties were required to, by January 24, 2018, submit two documents to the Court in anticipation of the initial pretrial conference scheduled for January 31, 2018, at 11:20 a.m.: (1) a joint letter for the pretrial conference, and (2) a proposed case management plan. These documents are now past due.In addition, the Court's Individual Practices in Civil Cases require the following: "If defense counsel has not appeared at least one week prior to the conference date, plaintiff's counsel is directed to submit a letter requesting an adjournment and informing the Court of the status of defense counsels appearance and whether plaintiff intends to seek a default judgment." Rule II.B. Plaintiff has not filed any letter.Accordingly, Plaintiff is ORDERED to, by January 26, 2018, file on ECF and email a courtesy copy to chambers either: (1) the initial pretrial conference documents required by ECF Nos. 12 and 18, OR (2) a letter seeking an adjournment of the conference and informing the Court whether Plaintiff intends to seek default judgment in accordance with Attachment A of the Court's Individual Practices.Failure to comply with further orders of the Court may result in dismissal for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). (Signed by Judge Analisa Torres on 1/25/2018) (DN) |
Filing 18 ORDER: Defendants counsel has yet to make an appearance in this case or offer input on the case management plan proposed by Plaintiff. Accordingly, it is hereby ORDERED that: By January 12, 2018, Defendants' counsel shall file an appearance; The initial pretrial conference scheduled for January 10, 2018 is ADJOURNED to January 31, 2018, at 11:20 a.m. (As further set forth in this Order.) Initial Conference set for 1/31/2018 at 11:20 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 1/9/2018) (cf) |
Filing 17 LETTER addressed to Judge Analisa Torres from Plaintiff's Counsel Abdul K. Hassan, Esq. dated January 9, 2018 re: Case Letter/Proposed Case Management Plan. Document filed by Dennis Coleman. (Attachments: #1 Proposed Case Management Plan by Plaintiff)(Hassan, Abdul) |
Filing 16 SUMMONS RETURNED EXECUTED. Chandu Malepati served on 11/1/2017, answer due 11/22/2017. Service was accepted by Chandu Malepati. Document filed by Dennis Coleman. (Hassan, Abdul) |
Filing 15 SUMMONS RETURNED EXECUTED. James De Franco served on 11/1/2017, answer due 11/22/2017. Service was accepted by Chandu Malapti. Document filed by Dennis Coleman. (Hassan, Abdul) |
Filing 14 SUMMONS RETURNED EXECUTED. De Franco Pharmacy, Inc. served on 10/31/2017, answer due 11/21/2017. Service was accepted by NY Secretary of State. Document filed by Dennis Coleman. (Hassan, Abdul) |
Filing 13 SUMMONS RETURNED EXECUTED. Long Island Growth Enterprises, Inc. served on 10/31/2017, answer due 11/21/2017. Service was accepted by NY Secretary of State. Document filed by Dennis Coleman. (Hassan, Abdul) |
Filing 12 INITIAL PRETRIAL CONFERENCE ORDER: Initial Conference set for 1/10/2018 at 11:00 AM in Courtroom 15D, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres, and as further set forth in this Order. So ordered. (Signed by Judge Analisa Torres on 11/1/2017) (rjm) |
Filing 11 ORDER. To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge, and as further specified and set forth in this Order. So ordered. (Signed by Judge Analisa Torres on 11/1/2017) (rjm) |
Filing 10 ELECTRONIC SUMMONS ISSUED as to Chandu Malepati. (kl) |
Filing 9 ELECTRONIC SUMMONS ISSUED as to James De Franco. (kl) |
Filing 8 ELECTRONIC SUMMONS ISSUED as to Long Island Growth Enterprises, Inc. (kl) |
Filing 7 ELECTRONIC SUMMONS ISSUED as to De Franco Pharmacy, Inc. (kl) |
Magistrate Judge Henry B. Pitman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (kl) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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. (kl) |
Case Designated ECF. (kl) |
Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Chandu Malepati, re: #1 Complaint. Document filed by Dennis Coleman. (Hassan, Abdul) |
Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to James De Franco, re: #1 Complaint. Document filed by Dennis Coleman. (Hassan, Abdul) |
Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Long Island Growth Enterprises, Inc., re: #1 Complaint. Document filed by Dennis Coleman. (Hassan, Abdul) |
Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to De Franco Pharmacy, Inc., re: #1 Complaint. Document filed by Dennis Coleman. (Hassan, Abdul) |
Filing 2 CIVIL COVER SHEET filed. (Hassan, Abdul) |
Filing 1 COMPLAINT against James De Franco, De Franco Pharmacy, Inc., Long Island Growth Enterprises, Inc., Chandu Malepati. (Filing Fee $ 400.00, Receipt Number 0208-14300283)Document filed by Dennis Coleman.(Hassan, Abdul) |
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