Gonzalez v. Samuel & Stein et al
| Elda Gonzalez |
| Michael Samuel, David Nieporent, David Stein and Samuel & Stein doing business as The Law Office of Samuel & Stein |
| 1:2020cv09350 |
| November 8, 2020 |
| US District Court for the Southern District of New York |
| Stewart D Aaron |
| J Paul Oetken |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 3, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 24 LETTER addressed to Magistrate Judge Stewart D. Aaron from John Troy dated January 4, 2021 re: Submission of Retainer Agreement with Plaintiff. Document filed by Elda Gonzalez. (Attachments: #1 Exhibit Retainer Agreement with ELDA GONZALEZ).(Troy, John) |
| Filing 23 CERTIFICATE OF SERVICE of #19 - #21 Troy Law's Motion to Withdraw as Plaintiff's Counsel (Notice, Declaration, Memorandum in Support) served on Elda Gonzalez on December 31, 2020. Service was made by MAIL (Certified Mail). Document filed by Elda Gonzalez. (Attachments: #1 Exhibit 01 Post Office Receipt, #2 Exhibit 02 Documents Served #19 - #21 Troy Law's Motion to Withdraw as Plaintiff's Counsel).(Troy, John) |
Filing 22
ORDER: No later than Tuesday, January 5, 2021, Plaintiff's counsel shall file with the Court: (1) a copy of the Retainer Agreement referenced at page 2 of the memorandum of law filed at ECF No. 21; and (2) proof of service on Plaintiff of the papers filed at ECF Nos. 19-21. (HEREBY ORDERED by Magistrate Judge Stewart D. Aaron) (Text Only Order) (Aaron, Stewart)
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| Filing 21 MEMORANDUM OF LAW in Support re: #19 MOTION for John Troy and Aaron B. Schweitzer of Troy Law, PLLC to Withdraw as Attorney . . Document filed by Elda Gonzalez..(Troy, John) |
| Filing 20 DECLARATION of John Troy in Support re: #19 MOTION for John Troy and Aaron B. Schweitzer of Troy Law, PLLC to Withdraw as Attorney .. Document filed by Elda Gonzalez..(Troy, John) |
| Filing 19 MOTION for John Troy and Aaron B. Schweitzer of Troy Law, PLLC to Withdraw as Attorney . Document filed by Elda Gonzalez..(Troy, John) |
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Filing 18
ORDER granting in part and denying in part #16 Letter Motion for Leave to File Document; granting in part and denying in part #16 Letter Motion for Conference. So Ordered. (Signed by Magistrate Judge Stewart D. Aaron on 12/18/2020) (js)
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| Filing 17 LETTER RESPONSE in Opposition to Motion addressed to Judge J. Paul Oetken from Michael Samuel, Esq. dated December 18, 2020 re: #16 LETTER MOTION for Leave to File Motion to Withdraw addressed to Judge J. Paul Oetken from John Troy dated 12-17-2020. LETTER MOTION for Conference addressed to Judge J. Paul Oetken from John Troy dated 12-17-2020. . Document filed by David Nieporent, Michael Samuel, Samuel & Stein, David Stein. (Attachments: #1 Exhibit Declaration in Support, #2 Exhibit, #3 Exhibit).(Samuel, Michael) |
| Set/Reset Deadlines: Cross Motions due by 1/8/2021. Motions due by 12/30/2020. Responses due by 1/15/2021 Replies due by 1/22/2021. (js) |
| Filing 16 LETTER MOTION for Leave to File Motion to Withdraw addressed to Judge J. Paul Oetken from John Troy dated 12-17-2020., LETTER MOTION for Conference addressed to Judge J. Paul Oetken from John Troy dated 12-17-2020. Document filed by Elda Gonzalez..(Troy, John) |
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Filing 15
ORDER denying as moot #12 Motion for Protective Order. Based upon the letter and sworn Declaration submitted by Mr. Samuel (ECF No. 14), Plaintiff's motion is DENIED AS MOOT. (Signed by Magistrate Judge Stewart D. Aaron on 11/26/2020) (Aaron, Stewart)
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| Filing 14 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Stewart D. Aaron from Michael Samuel dated November 23, 2020 re: #12 MOTION for Protective Order Enjoining Defendants from Communicating with Plaintiff for Any Purpose Regarding this Action in the Absence of Plaintiffs Counsel. . Document filed by David Nieporent, Michael Samuel, Samuel & Stein, David Stein. (Attachments: #1 Exhibit Declaration of Michael Samuel, Esq.).(Samuel, Michael) |
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Filing 13
ORDER re: #12 MOTION for Protective Order filed by Elda Gonzalez: This case has been referred to me for general pretrial purposes and, as such, Plaintiff's motion for a protective order is before me. No later than Wednesday, 11/25/2020, Defendants shall respond to Plaintiff's motion. (HEREBY ORDERED by Magistrate Judge Stewart D. Aaron) (Text Only Order) (Aaron, Stewart)
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| Filing 12 MOTION for Protective Order Enjoining Defendants from Communicating with Plaintiff for Any Purpose Regarding this Action in the Absence of Plaintiffs Counsel. Document filed by Elda Gonzalez..(Troy, John) |
| Set/Reset Deadlines: David Nieporent answer due 1/10/2021; Michael Samuel answer due 1/10/2021; Samuel & Stein answer due 1/10/2021; David Stein answer due 1/10/2021. (kl) |
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Filing 11
STIPULATION AND ORDER (Signed by Magistrate Judge Stewart D. Aaron on 11/11/2020) (Aaron, Stewart)
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| Filing 10 NOTICE OF APPEARANCE by David Stein on behalf of David Nieporent, Michael Samuel, Samuel & Stein, David Stein..(Stein, David) |
| Filing 9 PROPOSED STIPULATION AND ORDER. Document filed by Elda Gonzalez..(Troy, John) |
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Filing 8
ORDER SCHEDULING TELEPHONIC INITIAL PRETRIAL CONFERENCE: An Initial Pretrial Conference in accordance with Rule 16(b) of the Federal Rules of Civil Procedure will be held on Tuesday, January 26, 2021 at 10:00 a.m. In light of the current public health crisis, the conference shall be conducted by telephone. At the scheduled time, the parties shall each separately call (888) 278-0296 (or (214) 765-0479) and enter access code 6489745. (Telephonic Initial Conference set for 1/26/2021 at 10:00 AM before Magistrate Judge Stewart D. Aaron) (Signed by Magistrate Judge Stewart D. Aaron on 11/10/2020) (kl)
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| Filing 7 NOTICE OF APPEARANCE by Michael Steven Samuel on behalf of David Nieporent, Michael Samuel, Samuel & Stein, David Stein..(Samuel, Michael) |
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Filing 6
ORDER OF REFERENCE TO MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Stewart D. Aaron. So Ordered. (Signed by Judge J. Paul Oetken on 11/9/2020) (js)
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| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney John Troy. 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). (dnh) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney John Troy 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; add party Elda Gonzalez in her second compacity with 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... (dnh) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney John Troy. The party information for the following party/parties has been modified: Elda Gonzalez. The information for the party/parties has been modified for the following reason/reasons: party text was entered incorrectly. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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..(dnh) |
| Magistrate Judge Stewart D. Aaron 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. (dnh) |
| Case Designated ECF. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney John Troy to RE-FILE Document No. #3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): all of the filers were not selected for the request for issuance of summons; all filers must be added to the docket before a summons may be issued. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) |
| Filing 5 NOTICE OF APPEARANCE by Aaron B. Schweitzer on behalf of Elda Gonzalez..(Schweitzer, Aaron) |
| Filing 4 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Elda Gonzalez..(Troy, John) |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST FILER ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to SAMUEL & STEIN d/b/a The Law Office of Samuel & Stein, MICHAEL SAMUEL, DAVID STEIN, and DAVID NIEPORENT, re: #1 Complaint,,. Document filed by Elda Gonzalez..(Troy, John) Modified on 11/9/2020 (dnh). |
| Filing 2 CIVIL COVER SHEET filed..(Troy, John) |
| Filing 1 COMPLAINT against David Nieporent, Michael Samuel, Samuel & Stein, David Stein. (Filing Fee $ 400.00, Receipt Number ANYSDC-22485519)Document filed by Elda Gonzalez. (Attachments: #1 Exhibit 01 Notice of Intention to Enforce Liabiltiy, #2 Exhibit 02 Demand for Inspection, #3 Exhibit 03 Document Preservation Demand, #4 Exhibit 04 Notice of Lien and Assignment, #5 Exhibit 05 Notice that Retaliation is Illegal under the FLSA and NYLL, #6 Exhibit 06 Notice Settlement Under the Table is Prohibited).(Troy, John) |
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