Acharya v. 7-Eleven, Inc. et al

Acharya v. 7-Eleven, Inc. et al

Plaintiff:	DEVENDRA RAJ ACHARYA
Defendant:	JIMMY K SOLANKI and 7-ELEVEN, INC.
Case Number:	1:2018cv08010
Filed:	September 3, 2018
Court:	US District Court for the Southern District of New York
Presiding Judge:	Paul A Crotty
Nature of Suit:	Labor: Fair Standards
Jury Demanded By:	Plaintiff

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Docket Report

This docket was last retrieved on April 27, 2022. A more recent docket listing may be available from PACER.

Date Filed	Document Text
August 1, 2019	Filing 39 ORDER granting #37 Letter Motion to Stay. This matter is stayed until 15 days after the pending motion to Dismiss is determined. SO ORDERED. (Signed by Judge Paul A. Crotty on 8/1/2019) (ks)
August 1, 2019	Filing 38 MEMO ENDORSEMENT on re: #37 LETTER MOTION to Stay all discovery pending a decision on 7-Eleven's Motion to Dismiss, addressed to Judge Paul A. Crotty from Joseph A. Piesco, Jr. dated July 31, 2019. filed by 7-Eleven, Inc. The matter is stayed until 15 days after the pending motion to dismiss is decided. SO ORDERED. (Signed by Judge Paul A. Crotty on 08-1-19)
July 31, 2019	Filing 37 LETTER MOTION to Stay all discovery pending a decision on 7-Eleven's Motion to Dismiss, addressed to Judge Paul A. Crotty from Joseph A. Piesco, Jr. dated July 31, 2019. Document filed by 7-Eleven, Inc..(Piesco, Joseph)
July 18, 2019	Filing 36 ORDER granting #35 Letter Motion to Adjourn Conference. The conference is adjourned to 9/17/2019 at 12 noon. SO ORDERED. (Signed by Judge Paul A. Crotty on 7/18/2019) Status Conference set for 9/17/2019 at 12:00 PM before Judge Paul A. Crotty. (ks) Modified on 7/22/2019 (dgo).
July 17, 2019	Filing 35 LETTER MOTION to Adjourn Conference addressed to Judge Paul A. Crotty from Joshua D. Levin-Epstein dated July 16, 2019. Document filed by Jimmy K Solanki.(Levin-Epstein, Joshua)
July 17, 2019	Filing 34 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #35 Letter Motion) - LETTER MOTION to Adjourn Conference addressed to Judge Paul A. Crotty from Joshua D. Levin-Epstein dated July 16, 2019. Document filed by Jimmy K Solanki.(Levin-Epstein, Joshua) Modified on 7/18/2019 (db).
July 16, 2019	CALENDAR ENTRY REMINDER: Status Conference scheduled to go forward on: Wednesday, July 17, 2019 @ 11:45 AM, 500 Pearl Street, Courtroom 14-C before Judge Paul A. Crotty, U.S.D.J. ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By David Gonzalez - Courtroom Deputy).(dgo)
July 1, 2019	Filing 33 ORDER granting #32 Letter Motion for Extension of Time to Complete Discovery. Fact discovery is extended to August 28, 2019. SO ORDERED. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo)
June 28, 2019	Filing 32 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Paul A. Crotty from Joshua D. Levin-Epstein dated June 28, 2019. Document filed by Jimmy K Solanki.(Levin-Epstein, Joshua)
June 28, 2019	Filing 31 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #32 Motion) - LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Paul A. Crotty from Joshua D. Levin-Epstein dated June 28, 2019. Document filed by Jimmy K Solanki.(Levin-Epstein, Joshua) Modified on 7/1/2019 (db).
June 10, 2019	CALENDAR ENTRY REMINDER: Conference scheduled to go forward on: Tuesday, June 11, 2019 @ 10:45 AM, 500 Pearl Street, Courtroom 14-C before Judge Paul A. Crotty, U.S.D.J. Mr. Piesco may appear via telephone. The dial-in number is: 888-363-4749. The access code is: 8539662. If the parties deem the conference unnecessary at this time, either party can e-mail three (3) mutually convenient dates to the Courtroom Deputy at David_C_Gonzalez@nysd.uscourts.gov ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By David Gonzalez - Courtroom Deputy).(dgo)
June 4, 2019	Filing 30 LETTER addressed to Judge Paul A. Crotty from Joseph A. Piesco, Jr. dated June 4, 2019 re: Request to Attend June 11, 2019 Conference Telephonically. Document filed by 7-Eleven, Inc..(Piesco, Joseph)
May 24, 2019	Filing 29 NOTICE OF APPEARANCE by Garrett David Kennedy on behalf of 7-Eleven, Inc.. (Kennedy, Garrett)
May 24, 2019	Filing 28 REPLY MEMORANDUM OF LAW in Support re: #21 MOTION to Dismiss the Amended Complaint or, in the alternative, to strike Plaintiff's class and collective action claims. . Document filed by 7-Eleven, Inc.. (Piesco, Joseph)
May 15, 2019	Filing 27 ORDER granting #26 Letter Motion for Extension of Time. The requested extension is granted. SO ORDERED. (Signed by Judge Paul A. Crotty on 5/15/19) (yv)
May 15, 2019	Set/Reset Deadlines as to #21 MOTION to Dismiss the Amended Complaint or, in the alternative, to strike Plaintiff's class and collective action claims. Replies due by 5/24/2019. (yv)
May 13, 2019	Filing 26 LETTER MOTION for Extension of Time to file reply in further support of motion to dismiss addressed to Judge Paul A. Crotty from Joseph A. Piesco, Jr. dated May 13, 2019. Document filed by 7-Eleven, Inc..(Piesco, Joseph)
May 10, 2019	Filing 25 FIRST MEMORANDUM OF LAW in Opposition re: #21 MOTION to Dismiss the Amended Complaint or, in the alternative, to strike Plaintiff's class and collective action claims. . Document filed by Devendra Raj Acharya. (Bhurtel, Durga)
May 9, 2019	Calendar Entry DATE CHANGE: The Status Conference scheduled to go forward on Monday, May 13, 2019 is rescheduled to: Tuesday, June 11, 2019 @ 10:45 AM before Judge Paul A. Crotty, U.S.D.J, Courtroom 14C, 500 Pearl Street, NY, NY. Reason for adjournment: the 5/13/19 no longer a convenient date for the Court. (dgo)
April 25, 2019	Filing 24 ORDER granting #23 Letter Motion for Extension of Time. The requested extension to May 10, 2019 is granted. SO ORDERED. (Signed by Judge Paul A. Crotty on 4/25/19) (yv)
April 25, 2019	Set/Reset Deadlines as to #21 MOTION to Dismiss the Amended Complaint or, in the alternative, to strike Plaintiff's class and collective action claims. (Responses due by 5/10/2019) (yv)
April 23, 2019	Filing 23 FIRST LETTER MOTION for Extension of Time to submit opposition addressed to Judge Paul A. Crotty from Durga P. Bhurtel dated 04/23/2019. Document filed by Devendra Raj Acharya.(Bhurtel, Durga)
April 11, 2019	Filing 22 MEMORANDUM OF LAW in Support re: #21 MOTION to Dismiss the Amended Complaint or, in the alternative, to strike Plaintiff's class and collective action claims. . Document filed by 7-Eleven, Inc.. (Piesco, Joseph)
April 11, 2019	Filing 21 MOTION to Dismiss the Amended Complaint or, in the alternative, to strike Plaintiff's class and collective action claims. Document filed by 7-Eleven, Inc..(Piesco, Joseph)
March 11, 2019	Filing 20 FIRST AMENDED COMPLAINT amending #1 Complaint against 7-Eleven, Inc., Jimmy K Solanki with JURY DEMAND.Document filed by Devendra Raj Acharya. Related document: #1 Complaint.(Bhurtel, Durga)
March 11, 2019	Filing 19 AMENDED 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 to a jury. Amended pleadings may not be filed and additional patties may not be joined except with leave of the Court. Deposition due by 6/30/2019. Fact Discovery due by 6/30/2019. Expert Discovery due by 8/15/2019. Counsel for the parties have conferred and their present best estimate of the length of trial is 3-5 days. Pretrial Conference set for 4/23/2019 at 11:15 AM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty. (Signed by Judge Paul A. Crotty on 3/11/2019) (jwh)
March 8, 2019	Filing 18 PROPOSED CASE MANAGEMENT PLAN. Document filed by Devendra Raj Acharya. (Bhurtel, Durga)
February 19, 2019	Filing 17 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, 28 U.S.C. 636(c). This case is to be tried to a jury. Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. All fact discovery shall be completed no later than 06/30/2019. Depositions to be completed by 06/30/2019. All expert discovery shall be complete no later than 08/15/2019. All counsel must meet face-to-face for at least one hour to discuss settlement within fourteen (14) days following the close of fact discovery. Counsel for the parties have conferred and their present best estimate of the length of trail is 3-5 days, and as further set forth in this Order. (Deposition due by 6/30/2019. Fact Discovery due by 6/30/2019. Expert Discovery due by 8/15/2019.) (Signed by Judge Paul A. Crotty on 2/19/2019) (jca)
February 15, 2019	Filing 16 PROPOSED CASE MANAGEMENT PLAN. Document filed by Devendra Raj Acharya. (Bhurtel, Durga)
February 7, 2019	Minute Entry for proceedings held before Judge Paul A. Crotty: Pre-Motion Conference held on 2/7/2019. REMARK: Durga Bhurtel appeared for the plaintiff. Joseph Piesco appeared for 7-Eleven. Eunon Mizrahi appeared for Jimmy Solanki. Amended pleading due by March 11, 2019. The 7-Eleven defendant may move to dismiss after the filing of the amended complaint. Plaintiff and the individual defendant are to submit a CCMP by February 15, 2019. See transcript for details. (Court Reporter Lisa Picciano) (dgo)
February 6, 2019	CALENDAR ENTRY REMINDER: Pre-Motion Conference scheduled to go forward on: Thursday, February 7, 2019 @ 10:30 AM, 500 Pearl Street, Courtroom 14-C before Judge Paul A. Crotty, U.S.D.J. ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By David Gonzalez - Courtroom Deputy).(dgo) Modified on 2/6/2019 (dgo).
January 14, 2019	Filing 15 NOTICE OF APPEARANCE by Eunon Jason Mizrahi on behalf of Jimmy K Solanki. (Mizrahi, Eunon)
January 14, 2019	Filing 14 ANSWER to #1 Complaint. Document filed by Jimmy K Solanki.(Levin-Epstein, Joshua)
January 14, 2019	Filing 13 NOTICE OF APPEARANCE by Joshua Levin-Epstein on behalf of Jimmy K Solanki. (Levin-Epstein, Joshua)
December 18, 2018	Calendar Entry DATE CHANGE: The Pre-Motion Conference scheduled to go forward on Thursday, December 20, 2018 is rescheduled to: Tuesday, January 15, 2019 @ 11:15 AM before Judge Paul A. Crotty, U.S.D.J, Courtroom 14C, 500 Pearl Street, NY, NY. Reason for adjournment (on consent): the 12/20/18 not a convenient date for the Court. A PDF IS NOT ATTACHED TO THIS ENTRY (reset via e-mail communication by: David Gonzalez - Courtroom Deputy). (dgo)
November 30, 2018	Calendar Entry DATE CHANGE: The Pre-Motion Conference scheduled to go forward on Wednesday, December 5, 2018 is rescheduled to: Thursday, December 20, 2018 @ 3:30 PM before Judge Paul A. Crotty, U.S.D.J, Courtroom 14C, 500 Pearl Street, NY, NY. Reason for adjournment (on consent): the 12/5/18 not a convenient date for the parties. A PDF IS NOT ATTACHED TO THIS ENTRY (reset via e-mail communication by: David Gonzalez - Courtroom Deputy). (dgo)
November 27, 2018	Filing 12 SUMMONS RETURNED EXECUTED. Jimmy K Solanki served on 10/29/2018, answer due 11/19/2018. Service was accepted by Shabazz Doe. Document filed by Devendra Raj Acharya. (Bhurtel, Durga)
November 13, 2018	Notice of Pre-Motion Conference: A Pre-Motion Conference is scheduled to go forward on: Wednesday, December 5, 2018 @ 4:00 PM, 500 Pearl Street, Courtroom 14-C before Judge Paul A. Crotty. If the date is not convenient, either party can e-mail three (3) mutually convenient dates to the Courtroom Deputy at: David_C_Gonzalez@nysd.uscourts.gov ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By: David Gonzalez - Courtroom Deputy).(dgo)
November 9, 2018	Filing 11 LETTER RESPONSE to Motion addressed to Judge Paul A. Crotty from Durga P. Bhurtel dated 11-09-2018 re: #8 LETTER MOTION for Conference addressed to Judge Paul A. Crotty from Joseph A. Piesco, Jr. dated November 1, 2018. Response. Document filed by Devendra Raj Acharya. (Bhurtel, Durga)
November 7, 2018	Filing 10 ORDER granting #9 Letter Motion for Extension of Time. The requested extension is granted. SO ORDERED. (Signed by Judge Paul A. Crotty on 11/7/18) (yv)
November 5, 2018	Filing 9 FIRST LETTER MOTION for Extension of Time addressed to Judge Paul A. Crotty from Durga P. Bhurtel dated 11-5-18. Document filed by Devendra Raj Acharya.(Bhurtel, Durga)
November 1, 2018	Filing 8 LETTER MOTION for Conference addressed to Judge Paul A. Crotty from Joseph A. Piesco, Jr. dated November 1, 2018. Document filed by 7-Eleven, Inc..(Piesco, Joseph)
October 25, 2018	NOTICE OF CASE REASSIGNMENT to Judge Paul A. Crotty. Judge Richard J. Sullivan is no longer assigned to the case. (sjo)
October 17, 2018	Filing 7 SUMMONS RETURNED EXECUTED Summons and Complaint served. 7-Eleven, Inc. served on 10/11/2018, answer due 11/1/2018. Service was accepted by Mary Borcsak Authorized Agent Secretary of State of New York. Document filed by Devendra Raj Acharya. (Bhurtel, Durga)
September 4, 2018	Filing 6 ELECTRONIC SUMMONS ISSUED as to Jimmy K Solanki. (pne)
September 4, 2018	Filing 5 ELECTRONIC SUMMONS ISSUED as to 7-Eleven, Inc.. (pne)
September 4, 2018	Magistrate Judge James L. Cott 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. (pne)
September 4, 2018	CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Richard J. Sullivan. 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. (pne)
September 4, 2018	Case Designated ECF. (pne)
September 4, 2018	***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Durga Prasad Bhurtel. The party information for the following parties has been modified: 7-Eleven, Inc., Devendra Raj Acharya, Jimmy K Solanki. The information for the parties has been modified for the following reasons: party name was entered in all caps; party text was entered as an alias. (pne)
September 4, 2018	***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Durga Prasad Bhurtel. The following case opening statistical information was erroneously selected/entered: County code New York; Fee Status code due (due). The following corrections have been made to your case entry: the County code has been modified to Queens; the Fee Status code has been modified to pd (paid). (pne)
September 3, 2018	Filing 4 CIVIL COVER SHEET filed. (Bhurtel, Durga)
September 3, 2018	Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to JIMMY K SOLANKI, re: #1 Complaint. Document filed by DEVENDRA RAJ ACHARYA. (Bhurtel, Durga)
September 3, 2018	Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to 7-ELEVEN, INC., re: #1 Complaint. Document filed by DEVENDRA RAJ ACHARYA. (Bhurtel, Durga)
September 3, 2018	Filing 1 COMPLAINT against 7-ELEVEN, INC., JIMMY K SOLANKI. (Filing Fee $ 400.00, Receipt Number 0208-15522012)Document filed by DEVENDRA RAJ ACHARYA.(Bhurtel, Durga)

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Defendant: JIMMY K SOLANKI
Represented By:	Joshua Levin-Epstein
Represented By:	Eunon Jason Mizrahi
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Defendant: 7-ELEVEN, INC.
Represented By:	Joseph A. Piesco
Represented By:	Garrett David Kennedy
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Plaintiff: DEVENDRA RAJ ACHARYA
Represented By:	Durga Prasad Bhurtel
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