Everly v. Have & Be USA, Inc. et al
| Jamelia Everly |
| Have & Be USA, Inc. (NY), HAVE & BE USA, INC (DE), Have & Be Compant LTD, Have & Be Company, LTD and Have & Be USA, Inc. |
| 1:2019cv00781 |
| January 25, 2019 |
| US District Court for the Southern District of New York |
| Ronnie Abrams |
| Civil Rights: Jobs |
| 42 U.S.C. § 1981 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 23, 2019. A more recent docket listing may be available from PACER.
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Filing 20
STIPULATION OF DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties that the above-captioned action shall be and hereby is dismissed with prejudice, pursuant to Fed. R. Civ. P. 41(a)(1), each party to bear their own costs. SO ORDERED. (Signed by Judge Ronnie Abrams on 7/23/2019) (ama)
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Filing 19
ENDORSED LETTER: addressed to Judge Ronnie Abrams from Phyllis Gelman dated 6/26/2019 re: Therefore, Plaintiff and the Defendants all respectfully request that the Court extend the June 4, 2019, order by three weeks, and allow them up to and including July 25, 2019, to complete their settlement of the two actions. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 6/27/2019) (ama)
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Filing 18
ORDER: It has been reported to the Court that these cases have been settled in principle. Accordingly, it is hereby: ORDERED that the above-captioned actions are discontinued without costs to any party and without prejudice to restoring these actions to this Court's docket if the application to restore these actions is made within thirty (30) days. Any application to reopen these actions must be filed within thirty (30) days of this order, and any application filed thereafter may be denied solely on that basis. If the parties seek to have the Court retain jurisdiction to enforce a settlement agreement, the terms of the agreement must be placed on the public record and "so ordered" by the Court within the same thirty-day period. See Hendrickson v. United States, 791 F.3d 354, 358 (2d Cir. 2015). The Clerk of Court is respectfully directed to close these cases. (Signed by Judge Ronnie Abrams on 6/4/2019) (mro)
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Filing 17
ORDER granting #16 Letter Motion for Extension of Time to Answer. Application Granted. The parties shall submit a status letter to the court following the May 31, 2019 mediation no later than June 7, 2019. SO ORDERED. (Signed by Judge Ronnie Abrams on 4/2/2019) (rj)
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| Filing 16 JOINT LETTER MOTION for Extension of Time to File Answer to the First Amended Complaint pending the results of the Mediation, addressed to Judge Ronnie Abrams from Roy P. Satins dated April 1, 2019. Document filed by Have & Be Company, LTD, Have & Be USA, Inc. (a Delaware corporation), Have & Be USA, Inc. (a New York corporation).(Salins, Roy) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Phyllis Gelman to RE-FILE re: Document No. #15 Amended Complaint,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; Have & Be Company, LTD must be added to CM ECF with party text 'a South Korean corporation); the All Defendant radio button was selected; the wrong party/parties whom the pleading is against were selected. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pne) |
| Filing 15 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -FIRST AMENDED COMPLAINT amending #4 Complaint against All Defendants with JURY DEMAND.Document filed by Jamelia Everly. Related document: #4 Complaint. (Attachments: #1 Affidavit Affidavit of Service for First Amended Complaint and Demand for a Jury Trial)(Gelman, Phyllis) Modified on 3/11/2019 (pne). |
| NOTICE OF CASE REASSIGNMENT to Judge Ronnie Abrams. Judge Unassigned is no longer assigned to the case. (wb) |
| CASE ACCEPTED AS RELATED. Create association to 1:18-cv-05304-RA. Notice of Assignment to follow. (wb) |
| Magistrate Judge Kevin Nathaniel Fox 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. (wb) |
| Filing 14 AFFIDAVIT OF SERVICE of Summons and Complaint. Service was accepted by Nancy Dougherty AUTHORIZED AGENT. Document filed by Jamelia Everly. (Gelman, Phyllis) |
| Filing 13 AFFIDAVIT OF SERVICE of Summons and Complaint. Have & Be USA, Inc. (a Delaware corporation) served on 2/7/2019, answer due 2/28/2019. Service was accepted by Nancy Dougherty AUTHORIZED AGENT. Document filed by Jamelia Everly. (Gelman, Phyllis) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Have & Be USA, Inc. (a New York corporation). (dnh) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to HAVE & BE USA, INC. (a New York Corporation), re: #4 Complaint. Document filed by Jamelia Everly. (Gelman, Phyllis) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Have & Be USA, Inc. (a Delaware corporation). (dnh) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Have & Be Company, LTD. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Phyllis Gelman to RE-FILE Document No. #8 Request for Issuance of Summons. The filing is deficient for the following reason(s): 'As to' Error; the party name as to whom the summons is being issued must exactly match the party of record. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) |
| Filing 8 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to HAVE & BE, INC. (a New York corporation), re: #4 Complaint. Document filed by Jamelia Everly. (Gelman, Phyllis) Modified on 2/4/2019 (dnh). |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to HAVE & BE USA, INC, re: #4 Complaint. Document filed by Jamelia Everly. (Gelman, Phyllis) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to HAVE & BE COMPANY, LTD, re: #4 Complaint. Document filed by Jamelia Everly. (Gelman, Phyllis) |
| Filing 5 STATEMENT OF RELATEDNESS re: that this action be filed as related to 18-cv-5304. Document filed by Jamelia Everly.(Gelman, Phyllis) |
| Filing 4 COMPLAINT against Have & Be Company, LTD, Have & Be USA, Inc. (a Delaware corporation), Have & Be USA, Inc. (a New York corporation). Document filed by Jamelia Everly.(Gelman, Phyllis) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE RELATED CASE STATEMENT. Notice to Attorney Phyllis Gelman, for non compliance with Local Rule 13 of the Division of Business Among Judges. Attorney must electronically file the Related Case Statement. Use the event type Statement of Relatedness found under the event list Other Documents. (ad) |
| Filing 3 CIVIL COVER SHEET filed. (Attachments: #1 statement of related case)(Gelman, Phyllis) |
| Filing 2 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against HAVE & BE USA, INC (DE), Have & Be Compant LTD, Have & Be USA, Inc. (NY). Document filed by Jamelia Everly.(Gelman, Phyllis) Modified on 1/28/2019 (sj). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Phyllis Gelman to RE-FILE Document No. #2 Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected due to party modification to correspond with pleading. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Phyllis Gelman. The party information for the following party/parties has been modified: Have & Be USA, Inc.; Have & Be USA, Inc.; Have & Be Company, LTD. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RELATED CASE STATEMENT. Notice to attorney Phyllis Gelman to RE-FILE Document No. #3 Civil Cover Sheet. The filing is deficient for the following reason(s): the wrong event type was used to file the related case statement. Re-file the document using the event type Statement of Relatedness found under the event list Other Documents - select the correct filer - enter the related case number when prompted - and attach the correct PDF. (sj) |
| CASE REFERRED TO Judge Ronnie Abrams as possibly related to 1:18cv5304. (sj) |
| Case Designated ECF. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (sj) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Phyllis Gelman. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:0451; County code New York; Fee Status code due (due). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 42:1981; the County code has been modified to Bronx; the Fee Status code has been modified to pd (paid). (sj) |
| Filing 1 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE OF REMOVAL County of New York. Case Number: Not indicated. (Filing Fee $ 400.00, Receipt Number ANYSDC-16247469).Document filed by Jamelia Everly.(Gelman, Phyllis) Modified on 1/28/2019 (jgo). |
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