Stewart et al v. Trident General Contracting LLC et al
| Sean Thomas and Michael Stewart |
| Trident General Contracting LLC, John McDonald (A/K/A "Fitz"), John Doe, Darren McNiff, Paul Doe, John McDonald and Fitz |
| 1:2019cv05406 |
| June 10, 2019 |
| US District Court for the Southern District of New York |
| Alison J Nathan |
| Civil Rights: Jobs |
| 28 U.S.C. § 1331 ed |
| Plaintiff |
Docket Report
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Filing 25
ORDER: According to the affidavit of service filed on July 5, 2019, Defendant John McDonald's answer or other response to the complaint was due on or before July 11, 2019. Dkt. No. 12. As of this date, the Court is not in receipt of Defendant McDonald's answer. Within two weeks of this order, Plaintiffs shall move for default judgment against Defendant McDonald pursuant to this Court's Individual Practices in Civil Cases or file a status update with the Court explaining why a motion for default judgment against Defendant McDonald should not be filed at this time. Plaintiffs are on notice that failure to do so by this date may result in his claim being dismissed with prejudice for failure to prosecute. See United States ex rel. Drake v. Norden Systems, 375 F.3d 248, 250 (2d Cir. 2004) (noting "a district judge's authority to dismiss actions based on a plaintiffs failure to prosecute"). By August 5, 2019, Plaintiffs must serve this order on Defendant McDonald and file an affidavit of service on ECF. SO ORDERED. (Signed by Judge Alison J. Nathan on 7/31/2019) (jca)
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| Filing 24 NOTICE OF APPEARANCE by Christopher Aaron Seacord on behalf of Paul Doe, Darren McNiff, Trident General Contracting LLC. (Seacord, Christopher) |
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Filing 23
ORDER OF AUTOMATIC REFERRAL TO MEDIATION (See M-10-468 Second Amended Standing Order). Please reference the Pilot Discovery Protocols, attached, and the Mediation Program Procedures (http://nysd.uscourts.gov/mediation). E-mail MediationOffice@nysd.uscourts.gov, telephone 212-805-0643. Mediator to be Assigned by 8/12/2019. (Signed by Judge Loretta A. Preska on 10/1/2015) (rpr)
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| Filing 22 ANSWER to #1 Complaint. Document filed by Trident General Contracting LLC.(Blocker, Tanya) |
| Filing 21 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Trident General Contracting LLC.(Blocker, Tanya) |
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Filing 20
ORDER granting #19 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Alison J. Nathan from Tanya N. Blocker dated July 19, 2019. Document filed by Paul Doe, Darren McNiff, Trident General Contracting LLC. So ordered. Paul Doe answer due 7/30/2019; Darren McNiff answer due 7/30/2019; Trident General Contracting LLC answer due 7/30/2019. (Signed by Judge Alison J. Nathan on 7/22/2019) (rjm)
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| Filing 19 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Alison J. Nathan from Tanya N. Blocker dated July 19, 2019. Document filed by Paul Doe, Darren McNiff, Trident General Contracting LLC.(Blocker, Tanya) |
| Filing 18 NOTICE OF APPEARANCE by Steven John Fingerhut on behalf of Michael Stewart, Sean Thomas. (Fingerhut, Steven) |
| Filing 17 NOTICE OF APPEARANCE by Gregory Calliste, Jr on behalf of Sean Thomas. (Calliste, Gregory) |
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Filing 16
ORDER granting #14 Letter Motion to Substitute Attorney. SO ORDERED. Attorney Jessica Massimi terminated. (Signed by Judge Alison J. Nathan on 7/16/2019) (kv)
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| Filing 15 NOTICE OF APPEARANCE by H. Joseph Cronen on behalf of Michael Stewart, Sean Thomas. (Cronen, H.) |
| Filing 14 LETTER MOTION to Substitute Attorney. Old Attorney: Jessica Massimi, New Attorney: Steven Fingerhut addressed to Judge Alison J. Nathan from Jessica Massimi dated July 16, 2019. Document filed by Michael Stewart, Sean Thomas.(Massimi, Jessica) |
| Filing 13 NOTICE OF APPEARANCE by Steven John Fingerhut on behalf of Michael Stewart. (Fingerhut, Steven) |
| Filing 12 AFFIDAVIT OF SERVICE. Paul Doe served on 6/20/2019, answer due 7/11/2019; John McDonald served on 6/20/2019, answer due 7/11/2019; Darren McNiff served on 6/20/2019, answer due 7/11/2019; Trident General Contracting LLC served on 6/20/2019, answer due 7/11/2019. Service was accepted by TARRA "SMITH" Co-Worker person spoken to refused to state true last name. Document filed by Michael Stewart. (Phillips, William) |
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Filing 11
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 9/27/2019 at 03:00 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference. (As further set forth in this Order.) (Signed by Judge Alison J. Nathan on 6/12/2019) (ks)
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| Filing 10 ELECTRONIC SUMMONS ISSUED as to Trident General Contracting LLC. (jgo) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Paul Doe. (jgo) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to John McDonald. (jgo) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Darren McNiff. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jessica Massimi. The party information for the following party/parties has been modified: John McDonald; Darren McNiff; Paul Doe; John Doe. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; alias was entered incorrectly. (jgo) |
| 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. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. 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. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 6 CIVIL COVER SHEET filed. (Massimi, Jessica) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Paul Doe, re: #1 Complaint. Document filed by Michael Stewart, Sean Thomas. (Massimi, Jessica) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Darren McNiff, re: #1 Complaint. Document filed by Michael Stewart, Sean Thomas. (Massimi, Jessica) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to John McDonald (A/K/A "Fitz"), re: #1 Complaint. Document filed by Michael Stewart, Sean Thomas. (Massimi, Jessica) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Trident General Contracting LLC, re: #1 Complaint. Document filed by Michael Stewart, Sean Thomas. (Massimi, Jessica) |
| Filing 1 COMPLAINT against John Doe, Paul Doe, John McDonald (A/K/A "Fitz"), Darren McNiff, Trident General Contracting LLC. Document filed by Michael Stewart, Sean Thomas.(Massimi, Jessica) |
| Civil Case Opening Fee Payment: for #1 Complaint. Filing fee $ 400.00, receipt number ANYSDC-17049291.(Massimi, Jessica) |
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