Mendoza et al v. Kidz Korner of New Rochelle Inc. et al
| Erica Mendoza |
| Kidz Korner of Scarsdale Inc. doing business as Kidz Korner, Ivy Rentz, Joy Farmer and Kidz Korner of New Rochelle Inc. doing business as Kidz Korner |
| 1:2020cv05761 |
| July 24, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Lorna G Schofield |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 24, 2021. A more recent docket listing may be available from PACER.
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| Filing 20 LETTER MOTION to Adjourn Conference addressed to Judge Lorna G. Schofield from Plaintiff dated 9/21/2020. Document filed by Erica Mendoza(Individually ), Erica Mendoza(on behalf of others similarly situated). (Attachments: #1 Affidavit Affidavit of Non Service on Defendant Ivy Rentz).(Errington, Clela) |
Filing 19
ORDER: ORDERED that, if Plaintiff is in communication with Defendants, the parties shall file the joint letter and proposed case management plan as soon as possible and no later than September 21, 2020, at noon, and shall explain why they have not complied with the Court's deadlines. If Defendants refuse to cooperate in the preparation of these documents, Plaintiff shall prepare and file them. If Plaintiff is not in communication with Defendants, no later than September 21, 2020, at noon, Plaintiff shall file a letter (1) requesting adjournment of the initial pretrial conference for up to 30 days and (2) proposing a date prior to the conference to file default judgment papers as provided in the Court's Individual Rules, Appendix A. It is further ORDERED that Plaintiff shall serve a copy of this Order on Defendants and shall file affidavits of service no later than September 24, 2020. (Signed by Judge Lorna G. Schofield on 9/18/2020) (jwh)
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| Filing 18 AFFIDAVIT OF SERVICE of Summons and Complaint,. Kidz Korner of Scarsdale Inc. served on 8/20/2020, answer due 9/10/2020. Service was accepted by Sue Zouky, Authorized Agent. Document filed by Erica Mendoza(Individually ); Erica Mendoza(on behalf of others similarly situated)..(Errington, Clela) |
| Filing 17 AFFIDAVIT OF SERVICE of Summons and Complaint,. Kidz Korner of New Rochelle Inc. served on 8/20/2020, answer due 9/10/2020. Service was accepted by Sue Zouky, Authorized Agent. Document filed by Erica Mendoza(Individually ); Erica Mendoza(on behalf of others similarly situated)..(Errington, Clela) |
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Filing 16
NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(i): Pursuant to F.R.C.P. 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiffs, by and through their attorneys, Michael Faillace & Associates, P.C., hereby gives notice that in the above-captioned action Defendant Joy Farmer is voluntarily dismissed without prejudice. So Ordered. The Clerk of Court is respectfully directed to dismiss Defendant Joy Farmer from this action. (Signed by Judge Lorna G. Schofield on 8/6/2020) (cf)
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| Filing 15 LETTER addressed to Judge Lorna G. Schofield from Plaintiff dated 8/5/2020 re: Order of August 4, 2020. Document filed by Erica Mendoza(Individually ), Erica Mendoza(on behalf of others similarly situated)..(Errington, Clela) |
| Filing 14 MEMO ENDORSEMENT on re: #12 Notice of Voluntary Dismissal, filed by Erica Mendoza. ENDORSEMENT: Voluntary dismissal under Federal Rule of Civil Procedure41(a)(1), is subject to any applicable federal statute," Fed. R. Civ. P. 41(a)(1), and the FLSA places "strict limits on an employees ability to waive claims... for fear that employers would [otherwise] coerce employees into settlement and waiver." Wolinsky v. Scholastic Inc., 11 Civ. 5917, 2012 WL 2700381, at *1 (S.D.N.Y. July 5, 2012) (quotation marks omitted). By August 7, 2020, Plaintiff shall file a letter explaining whether the dismissal is related to a settlement of Plaintiff's claims against Defendants. If so, Plaintiff shall submit the settlement agreement for its approval and must explain why the Court should approve the settlement, with reference to the factors discussed in Wolinsky. See Wolinsky, 2012 WL 2700381, at *2-3. (Signed by Judge Lorna G. Schofield on 8/4/2020) (cf) |
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Filing 13
ORDER: Initial Conference set for 9/24/2020 at 10:50 AM before Judge Lorna G. Schofield. The conference will be telephonic. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 8/3/2020) (cf)
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| Filing 12 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Joy Farmer. Document filed by Erica Mendoza(Individually ), Erica Mendoza(on behalf of others similarly situated). Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Errington, Clela) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #12 Notice of Voluntary Dismissal was reviewed and referred to Judge Lorna G. Schofield for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal in a Fair Labor Standards Act (FLSA) case. (km) |
| Filing 11 NOTICE OF APPEARANCE by Clela Alice Errington on behalf of Erica Mendoza(Individually ), Erica Mendoza(on behalf of others similarly situated)..(Errington, Clela) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Joy Farmer..(pne) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Ivy Rentz..(pne) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Kidz Korner of Scarsdale Inc...(pne) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Kidz Korner of New Rochelle Inc...(pne) |
| 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pne) |
| 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 #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pne) |
| Case Designated ECF. (pne) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Joy Farmer, re: #1 Complaint,. Document filed by Erica Mendoza(Individually ), Erica Mendoza(on behalf of others similarly situated)..(Faillace, Michael) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Ivy Rentz, re: #1 Complaint,. Document filed by Erica Mendoza(Individually ), Erica Mendoza(on behalf of others similarly situated)..(Faillace, Michael) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Kidz Korner of Scarsdale Inc., re: #1 Complaint,. Document filed by Erica Mendoza(Individually ), Erica Mendoza(on behalf of others similarly situated)..(Faillace, Michael) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Kidz Korner of New Rochelle Inc., re: #1 Complaint,. Document filed by Erica Mendoza(Individually ), Erica Mendoza(on behalf of others similarly situated)..(Faillace, Michael) |
| Filing 2 CIVIL COVER SHEET filed..(Faillace, Michael) |
| Filing 1 COMPLAINT against Joy Farmer, Kidz Korner of New Rochelle Inc., Kidz Korner of Scarsdale Inc., Ivy Rentz. (Filing Fee $ 400.00, Receipt Number ANYSDC-20837499)Document filed by Erica Mendoza(Individually ), Erica Mendoza(on behalf of others similarly situated)..(Faillace, Michael) |
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