Joseph et al v. Metropolitan Transportation Authority et al
| Wayne Joseph, Latoria Bosley, Bryan Walsh, Anthony Barbato, Darnell Eason, Scott Denley, Jason Vasquez, Ricardo Cruz, Jr., Edwin Collazo, Jr., Cerrone Danzy, Lorenzo Thousand and Worrell Francis |
| Triborough Bridge & Tunnel Authority, Metropolitan Transportation Authority and Triborough Bridge and Tunnel Authority |
| 1:2020cv05776 |
| July 24, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Analisa Torres |
| Labor: Fair Standards |
| 15 U.S.C. § 5 (a) Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 31, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 34 NOTICE of Withdrawal of Consent to Sue re: #22 Consent to Sue. Document filed by Ricardo Cruz, Jr.. (Attachments: #1 Exhibit Withdrawal of Consent to Sue).(Bonomo, Joseph) |
| Filing 33 NOTICE of Withdrawal of Consent to Sue re: #20 Consent to Sue. Document filed by Edwin Collazo, Jr.. (Attachments: #1 Exhibit Withdrawal of Consent to Sue).(Bonomo, Joseph) |
| Filing 32 NOTICE of Notice of Withdrawal of Consent to Sue re: #20 Consent to Sue. Document filed by Edwin Collazo, Jr...(Bonomo, Joseph) |
| Filing 31 PROPOSED ORDER. Document filed by Metropolitan Transportation Authority, Triborough Bridge and Tunnel Authority. Related Document Number: [1:20-cv-06533]..(Hurd, Steven) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 30 MEMORANDUM OF LAW in Support re: #29 MOTION to Consolidate Cases 1:20-cv-06533 . . Document filed by Metropolitan Transportation Authority, Triborough Bridge and Tunnel Authority..(Hurd, Steven) |
| Filing 29 MOTION to Consolidate Cases 1:20-cv-06533 . Document filed by Metropolitan Transportation Authority, Triborough Bridge and Tunnel Authority..(Hurd, Steven) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #31 Proposed Order was reviewed and approved as to form. (km) |
| Filing 28 LETTER addressed to Judge Analisa Torres from Steven D. Hurd dated September 15 2020 re: Response re: Pre-Motion Letter for Motion for Conditional Certification. Document filed by Metropolitan Transportation Authority, Triborough Bridge and Tunnel Authority..(Hurd, Steven) |
| Filing 27 LETTER addressed to Judge Analisa Torres from Jane Lauer Barker dated 9/14/2020 re: Pre-Motion Conference to Request to Move for Conditional Certification of FLSA Collective Action. Document filed by Anthony Barbato, Latoria Bosley, Edwin Collazo, Jr., Ricardo Cruz, Jr., Cerrone Danzy, Scott Denley, Darnell Eason, Worrell Francis, Wayne Joseph, Lorenzo Thousand, Jason Vasquez, Bryan Walsh..(Barker, Jane) |
Filing 26
ORDER denying #12 Letter Motion to Consolidate Cases. It is ORDERED that: 1. Defendants' request for a pre-motion conference is DENIED; 2. By September 21, 2020, Defendants shall file their motion to consolidate; 3. By October 5, 2020, Plaintiffs shall file their oppositions; 4. Defendants' deadlines to answer or otherwise respond to the complaints are suspended until further notice. The Court will extend the applicable deadlines upon resolution of the consolidation motion. SO ORDERED. (Signed by Judge Analisa Torres on 9/4/2020) (kv)
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| Set/Reset Deadlines: Motions due by 9/21/2020. Responses due by 10/5/2020 (kv) |
| Filing 25 LETTER addressed to Judge Analisa Torres from Jane Lauer Barker dated 9/3/20 re: Response to Defendant's Request for Pre-Motion Conference. Document filed by Anthony Barbato, Latoria Bosley, Edwin Collazo, Jr., Ricardo Cruz, Jr., Cerrone Danzy, Scott Denley, Darnell Eason, Worrell Francis, Wayne Joseph, Lorenzo Thousand, Jason Vasquez, Bryan Walsh..(Barker, Jane) |
| Filing 24 AMENDED COMPLAINT amending #1 Complaint, against Metropolitan Transportation Authority, Triborough Bridge and Tunnel Authority with JURY DEMAND.Document filed by Darnell Eason, Cerrone Danzy, Anthony Barbato, Ricardo Cruz, Jr., Scott Denley, Bryan Walsh, Jason Vasquez, Worrell Francis, Wayne Joseph, Lorenzo Thousand, Edwin Collazo, Jr., Latoria Bosley. Related document: #1 Complaint,..(Bonomo, Joseph) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Joseph Michael Bonomo to RE-FILE Document No. #23 Amended Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected;. 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. (jgo) |
| Filing 23 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - AMENDED COMPLAINT amending #1 Complaint, against All Defendants with JURY DEMAND.Document filed by Darnell Eason, Anthony Barbato, Scott Denley, Wayne Joseph, Bryan Walsh, Latoria Bosley, Cerrone Danzy, Edwin Collazo, Jr., Ricardo Cruz, Jr., Worrell Francis, Jason Vasquez, Lorenzo Thousand. Related document: #1 Complaint,..(Bonomo, Joseph) Modified on 9/2/2020 (jgo). |
| Filing 22 CONSENT TO SUE UNDER THE 29 U.S.C. 201 et seq.. Document filed by Anthony Barbato, Latoria Bosley, Scott Denley, Darnell Eason, Wayne Joseph, Bryan Walsh. (Attachments: #1 Exhibit).(Bonomo, Joseph) |
| Filing 21 CONSENT TO SUE UNDER THE 29 U.S.C. 201 et seq.. Document filed by Anthony Barbato, Latoria Bosley, Scott Denley, Darnell Eason, Wayne Joseph, Bryan Walsh. (Attachments: #1 Exhibit).(Bonomo, Joseph) |
| Filing 20 CONSENT TO SUE UNDER THE 29 U.S.C. 201 et seq.. Document filed by Anthony Barbato, Latoria Bosley, Scott Denley, Darnell Eason, Wayne Joseph, Bryan Walsh. (Attachments: #1 Exhibit).(Bonomo, Joseph) |
| Filing 19 CONSENT TO SUE UNDER THE 29 U.S.C. 201 et seq.. Document filed by Anthony Barbato, Latoria Bosley, Scott Denley, Darnell Eason, Wayne Joseph, Bryan Walsh. (Attachments: #1 Exhibit).(Bonomo, Joseph) |
| Filing 18 CONSENT TO SUE UNDER THE 29 U.S.C. 201 et seq.. Document filed by Anthony Barbato, Latoria Bosley, Scott Denley, Darnell Eason, Wayne Joseph, Bryan Walsh. (Attachments: #1 Exhibit).(Bonomo, Joseph) |
| Filing 17 CONSENT TO SUE UNDER THE 29 U.S.C. 201 et seq.. Document filed by Anthony Barbato, Latoria Bosley, Scott Denley, Darnell Eason, Wayne Joseph, Bryan Walsh. (Attachments: #1 Exhibit).(Bonomo, Joseph) |
| Filing 16 AFFIDAVIT OF SERVICE of Summons and Complaint,. Metropolitan Transportation Authority served on 8/27/2020, answer due 9/17/2020. Service was accepted by Denise Tyus. Document filed by Darnell Eason; Anthony Barbato; Scott Denley; Wayne Joseph; Bryan Walsh; Latoria Bosley..(Bonomo, Joseph) |
| Filing 15 AFFIDAVIT OF SERVICE of Summons and Complaint,. Metropolitan Transportation Authority served on 8/4/2020, answer due 8/25/2020. Service was made by MAIL. Document filed by Darnell Eason; Anthony Barbato; Scott Denley; Wayne Joseph; Bryan Walsh; Latoria Bosley..(Bonomo, Joseph) |
| Filing 14 AFFIDAVIT OF SERVICE of Summons and Complaint,. Triborough Bridge and Tunnel Authority served on 8/27/2020, answer due 9/17/2020. Service was accepted by Denise Tyus. Document filed by Darnell Eason; Anthony Barbato; Scott Denley; Wayne Joseph; Bryan Walsh; Latoria Bosley..(Bonomo, Joseph) |
| Filing 13 AFFIDAVIT OF SERVICE of Summons and Complaint,. Triborough Bridge and Tunnel Authority served on 8/4/2020, answer due 8/25/2020. Service was made by MAIL. Document filed by Darnell Eason; Anthony Barbato; Scott Denley; Wayne Joseph; Bryan Walsh; Latoria Bosley..(Bonomo, Joseph) |
| Filing 12 LETTER MOTION to Consolidate Cases 1:20-cv-06533 and 1:20-cv-05776 and Request for Extension of Time addressed to Judge Analisa Torres from Steven D. Hurd dated 8/27/2020. Document filed by Metropolitan Transportation Authority, Triborough Bridge and Tunnel Authority..(Hurd, Steven) |
| Filing 11 NOTICE OF APPEARANCE by Joshua Samson Fox on behalf of Metropolitan Transportation Authority, Triborough Bridge and Tunnel Authority..(Fox, Joshua) |
| Filing 10 NOTICE OF APPEARANCE by Steven D. Hurd on behalf of Metropolitan Transportation Authority, Triborough Bridge and Tunnel Authority..(Hurd, Steven) |
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Filing 9
INITIAL PRETRIAL CONFERENCE ORDER: Counsel for all parties are directed to appear for an initial pretrial conference, in accordance with Rule 16 of the Federal Rules of Civil Procedure, at 10:40 a.m., on November 23, 2020, to be held telephonically. The parties are directed to dial 888-398-2342 or 215-861-0674, and enter access code: 5598827. Principal trial counsel must appear at this and all subsequent conferences. COUNSEL FOR PLAINTIFF IS DIRECTED TO IMMEDIATELY SEND A COPY OF THIS NOTICE AND THE COURT'S INDIVIDUAL PRACTICES TO ALL PARTIES. And as set forth herein. SO ORDERED., ( Telephone Conference set for 11/23/2020 at 10:40 AM before Judge Analisa Torres.) Initial Conference set for 11/23/2020 at 10:40 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 7/31/2020) (ama)
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Filing 8
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If all parties consent to proceed before a Magistrate Judge, counsel for Defendant shall, by November 16, 2020, email a fully executed Notice, Consent, and Reference of A Civil Action to a Magistrate Judge form and attached to this order. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by November 16, 2020, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. And as set forth herein. SO ORDERED. (Signed by Judge Analisa Torres on 7/31/2020) (ama)
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Filing 7
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are strongly encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 7/31/2020) (ama)
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| Filing 6 NOTICE OF APPEARANCE by Andrew David Midgen on behalf of Anthony Barbato, Latoria Bosley, Scott Denley, Darnell Eason, Wayne Joseph, Bryan Walsh..(Midgen, Andrew) |
| Filing 5 CIVIL COVER SHEET filed..(Barker, Jane) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Metropolitan Transportation Authority, Triborough Bridge and Tunnel Authority..(pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jane Lauer Barker. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due);. The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid);. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jane Lauer Barker. The party information for the following party/parties has been modified: Darnell Eason, Anthony Barbato, Scott Denley, Wayne Joseph, Bryan Walsh, Latoria Bosley, Triborough Bridge & Tunnel Authority. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted;. (pc) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Jane Lauer Barker. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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..(pc) |
| 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) |
| Case Designated ECF. (pc) |
| Filing 3 NOTICE OF APPEARANCE by Joseph Michael Bonomo on behalf of Anthony Barbato, Latoria Bosley, Scott Denley, Darnell Eason, Wayne Joseph, Bryan Walsh..(Bonomo, Joseph) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Metropolitan Transportation Authority and Triborough Bridge and Tunnel Authority, re: #1 Complaint,. Document filed by Anthony Barbato, Latoria Bosley, Scott Denley, Darnell Eason, Wayne Joseph, Bryan Walsh..(Barker, Jane) |
| Filing 1 COMPLAINT against Metropolitan Transportation Authority, Triborough Bridge & Tunnel Authority. (Filing Fee $ 400.00, Receipt Number ANYSDC-20841209)Document filed by Darnell Eason, Anthony Barbato, Scott Denley, Wayne Joseph, Bryan Walsh, Latoria Bosley. (Attachments: #1 Exhibit Consents to Sue).(Barker, Jane) |
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