Clark v. Quantified Media Inc. et al
| Sheena Clark |
| Quantified Media Inc., Agam Berry and Quantified Media Inc. doing business as Quantified Commerce |
| 1:2019cv06884 |
| July 24, 2019 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Labor: Fair Standards |
| 28 U.S.C. § 1331 fl Fed. Question: Fair Labor Standards |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 13, 2020. A more recent docket listing may be available from PACER.
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| Filing 37 STIPULATION OF DISMISSAL WITH PREJUDICE: Pursuant to Rule 41(a)(1)(A) of the Federal Rules of Civil Procedure, Defendants Quantified Media Inc., d/b/a Quantified Commerce and Agam Berry, and Plaintiff Sheena Clark, by and through their undersigned counsel, hereby stipulate, agree, and consent to dismissal with prejudice of the above-captioned case, with each party to bear its own fees and costs. (Signed by Judge Lorna G. Schofield on 4/13/2020) (cf) |
| Filing 36 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Sheena Clark and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Agam Berry, Quantified Media Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Lichtenberg, David) |
Filing 35
ORDER granting #33 Motion for Settlement. It is hereby ORDERED that the settlement agreement is APPROVED as fair and reasonable based on the nature and scope of Plaintiff's claims and the risks and expenses involved in additional litigation. It is further ORDERED that this action is dismissed without costs and without prejudice to restoring the action to the Court's calendar, provided the application to restore the action is made within thirty (30) days of this Order. Any application to reopen filed after thirty (30) days from the date of this Order may be denied solely on that basis. Any pending motions are DISMISSED as moot, and all conferences and deadlines are CANCELED. (As further set forth in this Order.). (Signed by Judge Lorna G. Schofield on 4/1/2020) (cf)
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| Filing 34 AFFIDAVIT of David B. Lichtenberg, Esq. in Support re: #33 MOTION for Settlement .. Document filed by Agam Berry, Quantified Media Inc...(Lichtenberg, David) |
| Filing 33 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Settlement . Document filed by Agam Berry, Quantified Media Inc. (Lichtenberg, David) Modified on 4/24/2020 (db). |
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Filing 32
MEMO ENDORSEMENT on re: #31 JOINT LETTER addressed to Judge Lorna G. Schofield from David B. Lichtenberg and Douglas B. Lipsky dated March 26, 2020 re: need for formal motion. Document filed by Agam Berry, Quantified Media Inc. ENDORSEMENT: The parties shall file the proposed letter motion. So Ordered. (Signed by Judge Lorna G. Schofield on 3/30/2020) (rjm)
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| Filing 31 JOINT LETTER addressed to Judge Lorna G. Schofield from David B. Lichtenberg and Douglas B. Lipsky dated March 26, 2020 re: need for formal motion. Document filed by Agam Berry, Quantified Media Inc...(Lichtenberg, David) |
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Filing 30
MEMO ENDORSEMENT on re: #29 Letter filed by Quantified Media Inc., Agam Berry. ENDORSEMENT: The parties shall jointly file a motion with the corresponding settlement agreement by April 8, 2020 or, in the alternative, file a letter apprising the court of the status of the negotiations. Any pending motions are dismissed as moot, and all conferences and deadlines are adjourned sine die. So Ordered. ( Motions due by 4/8/2020.) (Signed by Judge Lorna G. Schofield on 3/12/2020) (rro)
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| Filing 29 JOINT LETTER addressed to Judge Lorna G. Schofield from David B. Lichtenberg dated March 11, 2020 re: Parties have reached a settlement in principle. Document filed by Agam Berry, Quantified Media Inc...(Lichtenberg, David) |
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Filing 28
AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan is submitted by the parties in accordance with Fed. R. Civ. P.26(f)(3). All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). All Fact Discovery due by 4/7/2020., Deposition due by 3/24/2020. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trialis 5 days. A Pre-Motion Conference set for 4/23/2020 at 10:40 AM before Judge Lorna G. Schofield. And as set forth herein. SO ORDERED. (Signed by Judge Lorna G. Schofield on 1/10/2020) (ama)
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Filing 27
MEMO ENDORSED ORDER granting #25 Motion for Extension of Time to Complete Discovery. ENDORSEMENT: Request GRANTED. An amended case management plan and scheduling order will issue separately. No further extensions will be granted. (Signed by Judge Lorna G. Schofield on 1/10/20) (yv)
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| Filing 26 JOINT MEMORANDUM OF LAW in Support re: #25 JOINT MOTION for Extension of Time to Complete Discovery . . Document filed by Sheena Clark. (Lipsky, Douglas) |
| Filing 25 JOINT MOTION for Extension of Time to Complete Discovery . Document filed by Sheena Clark.(Lipsky, Douglas) |
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Filing 24
ORDER denying without prejudice to renewal by formal motion #23 Letter Motion for Extension of Time to Complete Discovery. Application DENIED without prejudice. The parties shall renew the application by January 15, 2020, and inform the Court as to the number of anticipated depositions and the identity of the anticipated deponents, including whether they are parties or third-party witnesses. (Signed by Judge Lorna G. Schofield on 1/9/2020) (ks)
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| Filing 23 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Lorna G. Schofield from Douglas B. Lipsky dated January 8, 2020. Document filed by Sheena Clark.(Lipsky, Douglas) |
| Filing 22 STATUS REPORT. Document filed by Agam Berry, Quantified Media Inc..(Lichtenberg, David) |
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Filing 21
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). No additional parties may be joined or Amended pleadings may be filed without leave of Court until 10/14/2019. All fact discovery shall be completed no later than 2/7/2020. Depositions pursuant to Fed. R. Civ. P. 30, 31 shall be completed by 1/17/2020. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 5 days. On 2/20/2020 at 10:40 A.M. a pre-motion conference will be held for any anticipated dispositive motions, as further set forth in this Order. Amended Pleadings due by 10/14/2019. Joinder of Parties due by 10/14/2019. Deposition due by 1/17/2020. Fact Discovery due by 2/7/2020. Pre-Motion Conference set for 2/20/2020 at 10:40 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 10/7/2019) (cf) (Main Document 21 replaced on 10/8/2019) (mro).
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Filing 20
ORDER: It is hereby ORDERED that the October 10, 2019, initial pretrial conference is CANCELLED. It is further ORDERED that if Defendant(s) seek to file a motion to dismiss, they shall file a pre-motion letter pursuant to Individual Rules III.A.1 and III.C.2. The parties should be aware that the Court does not extend the deadlines for fact and expert discovery absent compelling circumstances. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 10/7/2019) (cf)
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Filing 19
ORDER granting #18 Letter Motion to Adjourn Conference. Application GRANTED. The initial pretrial conference, scheduled for September 26, 2019, is adjourned to October 10, 2019 at 10:40 a.m. No more extensions will be granted absent extraordinary circumstances. Initial Conference set for 10/10/2019 at 10:40 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 9/20/2019) (cf)
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| Filing 18 LETTER MOTION to Adjourn Conference addressed to Judge Lorna G. Schofield from David B. Lichtenberg, Esq. dated September 19, 2019. Document filed by Quantified Media Inc..(Lichtenberg, David) |
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Filing 17
ORDER granting #15 Letter Motion for Extension of Time to Complete Discovery. Application GRANTED. The parties shall exchange initial discovery pursuant to the applicable discovery protocols by October 31, 2019. (Signed by Judge Lorna G. Schofield on 9/17/2019) (rro)
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Filing 16
ORDER granting in part and denying in part #14 Letter Motion to Adjourn Conference. Application GRANTED IN PART. The initial pretrial conference, scheduled for September 19, 2019, is adjourned to September 26, 2019, at 10:40 a.m. Initial Conference set for 9/26/2019 at 10:40 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 9/16/2019) (cf)
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| Filing 15 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Lorna G. Schofield from David B. Lichtenberg, Esq. dated September 16, 2019. Document filed by Agam Berry, Quantified Media Inc..(Lichtenberg, David) |
| Filing 14 LETTER MOTION to Adjourn Conference currently scheduled for September 19, 2019 addressed to Judge Lorna G. Schofield from David B. Lichtenberg, Esq. dated September 13, 2019. Document filed by Agam Berry, Quantified Media Inc..(Lichtenberg, David) |
| Filing 13 NOTICE OF APPEARANCE by Holly S. Wintermute on behalf of Agam Berry, Quantified Media Inc.. (Wintermute, Holly) |
| Filing 12 LETTER addressed to Judge Lorna G. Schofield from Douglas Lipsky dated September 13, 2019 re: Corrected Case Management Plan. Document filed by Sheena Clark.(Lipsky, Douglas) |
| Filing 11 JOINT PRE-CONFERENCE STATEMENT . Document filed by Sheena Clark.(Lipsky, Douglas) |
| Filing 10 ANSWER to #1 Complaint. Document filed by Agam Berry, Quantified Media Inc..(Lichtenberg, David) |
| Filing 9 NOTICE OF APPEARANCE by Sara Jacqueline Isaacson on behalf of Sheena Clark. (Isaacson, Sara) |
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Filing 8
ORDER: Initial Conference set for 9/19/2019 at 10:40 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 8/2/2019) (jca)
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| Filing 7 ELECTRONIC SUMMONS ISSUED as to Quantified Media Inc.. (jgo) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Agam Berry. (jgo) |
| Filing 5 CIVIL COVER SHEET filed. (Lipsky, Douglas) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Douglas Brian Lipsky. The following case opening statistical information was erroneously selected/entered: Class Action code y (Class Action Alleged);. The following correction(s) have been made to your case entry: the Class Action code has been modified to (No Class Action Alleged);. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Douglas Brian Lipsky to RE-FILE Document No. #4 Civil Cover Sheet. The filing is deficient for the following reason(s): Nature of Suit code - multiple selections;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Douglas Brian Lipsky. The party information for the following party/parties has been modified: Agam Berry. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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) |
| 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. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 4 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Lipsky, Douglas) Modified on 7/25/2019 (jgo). |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Agam Berry, re: #1 Complaint. Document filed by Sheena Clark. (Lipsky, Douglas) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Quantified Media Inc., re: #1 Complaint. Document filed by Sheena Clark. (Lipsky, Douglas) |
| Filing 1 COMPLAINT against Agam Berry, Quantified Media Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-17305155)Document filed by Sheena Clark.(Lipsky, Douglas) |
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