Cruz v. Pells Point LLC et al
| Dennis Cruz |
| Brenan Hefner, Pells Point LLC and Clayton Bushong |
| 7:2019cv01425 |
| February 14, 2019 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Labor: Fair Standards |
| 28 U.S.C. § 1331 fl |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 10, 2019. A more recent docket listing may be available from PACER.
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| Filing 19 NOTICE OF INITIAL CONFERENCE: THIS MATTER HAS BEEN SCHEDULED FOR AN INITIAL CASE MANAGEMENT AND SCHEDULING CONFERENCE, pursuant to Fed. R. Civ. P. 16, on 7/12/2019 at 12:30 p.m., at the United States Courthouse, 300 Quarropas Street, Courtroom 620, White Plains, NY 10601. Initial Conference set for 7/12/2019 at 12:30 PM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti. (kv) |
| Filing 18 ANSWER to #1 Complaint, #6 Complaint., ANSWER to #1 Complaint, #6 Complaint., COUNTERCLAIM against All Plaintiffs. Document filed by Brenan Hefner, Clayton Bushong, Pells Point LLC. (Attachments: #1 Exhibit Exhibit A to Answer Executive Chef Agreement)(Pereira, Nathan) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 5/6/2019.(mf) |
Filing 17
MEDIATION REFERRAL ORDER FOR CASES FILED UNDER THE FAIR LABOR STANDARDS ACT 29 U.S.C. Sec. 201 et seq. This case, involving claims under the Fair Labor Standards Act (FLSA), 29 U.S.C. Sec. 201 et seq., has been assigned to this Court for all purposes. In the Courts experience, cases involving FLSA claims often benefit from early mediation. To that end, prior to a Rule 16(b) case management conference the Court is referring this case to the Mediation Office for settlement purposes under Local Civil Rule 83.9. To facilitate mediation the parties shall, within four weeks of this Order, confer and provide the items set forth in this Order. Mediator to be Assigned by 4/8/2019. (Signed by Judge Vincent L. Briccetti on 8/31/2016) (mf)
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Filing 16
ORDER denying #14 Motion to Dismiss. Accordingly, defendants' motion to dismiss is DENIED. Defendants must file an answer by April 9, 2019. The Clerk is instructed to terminate the motion. (Doc. #14). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 3/26/2019) (mml)
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| Filing 15 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pells Point LLC.(Pereira, Nathan) |
| Filing 14 MOTION to Dismiss . Document filed by Clayton Bushong, Brenan Hefner, Pells Point LLC. Responses due by 4/12/2019 Return Date set for 4/19/2019 at 10:00 AM. (Attachments: #1 Affidavit Declaration of in support Clayton Bushong, #2 Exhibit Exhibit A to DCB, #3 Exhibit Exhibit B to DCB, #4 Exhibit Exhibit C to DCB, #5 Affidavit Declaration in Support Brenan Hefner, #6 Exhibit Exhibit A to DBH, #7 Exhibit Exhibit B to DBH, #8 Exhibit Exhibit C to DBH, #9 Memorandum of Law)(Pereira, Nathan) |
| Filing 13 WAIVER OF SERVICE RETURNED EXECUTED. All Defendants. Document filed by Brenan Hefner, Clayton Bushong, Pells Point LLC. (Pereira, Nathan) |
| NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Katherine Polk Failla is no longer assigned to the case. (wb) |
| Magistrate Judge Paul E. Davison is so redesignated. (wb) |
| Filing 12 AFFIDAVIT OF SERVICE. Clayton Bushong served on 2/15/2019, answer due 3/8/2019. Service was accepted by Jorge Solano. Document filed by Dennis Cruz; Dennis Cruz. (Criscione, Galen) |
| Filing 11 AFFIDAVIT OF SERVICE. Brenan Hefner served on 2/15/2019, answer due 3/8/2019. Service was accepted by Jorge Solano. Document filed by Dennis Cruz; Dennis Cruz. (Criscione, Galen) |
| Filing 10 AFFIDAVIT OF SERVICE. Pells Point LLC served on 2/15/2019, answer due 3/8/2019. Service was accepted by Jorge Solano. Document filed by Dennis Cruz; Dennis Cruz. (Criscione, Galen) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Clayton Bushong. (pc) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Brenan Hefner. (pc) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Pells Point LLC. (pc) |
| Filing 6 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - COMPLAINT against Clayton Bushong, Brenan Hefner, Pells Point LLC. Document filed by Dennis Cruz, Dennis Cruz.(Criscione, Galen) Modified on 2/15/2019 (pc). |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Galen Joseph Criscione to RE-FILE re: Document No. #1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the All Defendant radio button was selected; Add Dennis Cruz to CM ECF twice, once with the party text "individually" and once with the party text "on behalf of all others similarly situated". 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 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. (pc) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Galen Joseph Criscione. The party information for the following party/parties has been modified: Dennis Cruz, Clayton Bushong, Brenan Hefner. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) |
| Magistrate Judge Robert W. Lehrburger 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. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Galen Joseph Criscione. The party information for the following party/parties has been modified: Dennis Cruz. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Galen Joseph Criscione to RE-FILE re: Document No. #6 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; Add Dennis Cruz to CM ECF with the party text "individually". 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 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. (pc) |
| ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Dennis Cruz, Dennis Cruz added. Party added pursuant to #1 Complaint,.Document filed by Dennis Cruz, Dennis Cruz. Related document: #1 Complaint,.(Criscione, Galen) |
| Filing 5 CIVIL COVER SHEET filed. (Criscione, Galen) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Clayton Bushong, re: #1 Complaint. Document filed by Dennis Cruz. (Criscione, Galen) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Brenan Hefner, re: #1 Complaint. Document filed by Dennis Cruz. (Criscione, Galen) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Pells Point LLC, re: #1 Complaint. Document filed by Dennis Cruz. (Criscione, Galen) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number ANYSDC-16352199)Document filed by Dennis Cruz.(Criscione, Galen) Modified on 2/15/2019 (pc). |
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