Barlow et al v. Skroupa et al
| Value Extraction Services LLC, Phillip Lofaso, Jake Hendrickson, Heather Barlow, Jen Dobies, Roes 1-2, Makeeda Perkins, Marina Pushkina and Maura Murphy |
| John Wilson, Christopher Skroupa, Inspire Summits LLC d/b/a Skytop Strategies, Advisory Board Members Does 1-5, Paula Luff, David Katz, John Stephen Wilson and Inspire Summits LLC doing business as Skytop Strategies |
| 1:2021cv02094 |
| March 10, 2021 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Labor: Fair Standards |
| 28 U.S.C. § 1441 fl |
| None |
Docket Report
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This docket was last retrieved on June 30, 2021. A more recent docket listing may be available from PACER.
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| CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the State Court - Supreme Court of the State of New York, County of New York. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1Z E22 E53 37 1005 423 6 on 3/31/2021. (cf) |
Filing 26
ORDER: It is hereby ORDERED that the Motion is GRANTED and this matter is remanded to state court. Pursuant to 28 U.S.C. 1447(c), the Clerk of Court is respectfully directed to mail a certified copy of this Order to the Supreme Court of the State of New York, New York County. The Clerk of Court is further directed to close the case. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 3/30/2021) (cf) Transmission to Docket Assistant Clerk for processing.
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| Filing 25 LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Adam Engel dated 3/30/2021 re: #18 LETTER MOTION for Leave to File Amended Cmpt & Exhibit A (filed as Exhibit to Pleading) addressed to Judge Lorna G. Schofield from Carla Kerr Stearns dated March 24, 2021. (LETTER OPPOSING REMAND). Document filed by Inspire Summits LLC, David Katz, Paula Luff, Christopher Skroupa, John Stephen Wilson..(Engel, Adam) |
| Filing 24 EXHIBIT TO PLEADING re: #23 Amended Complaint,,. Document filed by Heather Barlow, Jen Dobies, Jake Hendrickson, Phillip Lofaso, Maura Murphy, Makeeda Perkins, Marina Pushkina, Roes 1-2, Value Extraction Services LLC..(Kerr Stearns, Carla) |
| Filing 23 THIRD AMENDED COMPLAINT amending #16 Amended Complaint,, against Advisory Board Members Does 1-5, Inspire Summits LLC, David Katz, Paula Luff, Christopher Skroupa, John Stephen Wilson.Document filed by Maura Murphy, Phillip Lofaso, Marina Pushkina, Roes 1-2, Value Extraction Services LLC, Jen Dobies, Heather Barlow, Jake Hendrickson, Makeeda Perkins. Related document: #16 Amended Complaint,,. (Attachments: #1 Supplement file too large, #2 Supplement file too large, #3 Supplement file too large, #4 Supplement file too large).(Kerr Stearns, Carla) |
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Filing 22
ORDER granting in part and denying in part #19 Letter Motion for Extension of Time. It is hereby ORDERED that Defendants request for an extension is GRANTED in part. Defendants shall file any opposition to the Motion by March 30, 2021, at noon. It is further ORDERED that Defendants' request for an adjournment of the pre-motion conference scheduled for April 1, 2021, is DENIED. It is further ORDERED that, by March 29, 2021, Plaintiffs shall file a new complaint, identical in substance to the Second Amended Complaint at Docket No. 16, but properly titled "Third Amended Complaint."The Clerk of Court is respectfully directed to close the motion at Docket No. 19. (As further set forth in this Order.) Amended Pleadings due by 3/29/2021. (Signed by Judge Lorna G. Schofield on 3/26/2021) (cf)
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| Filing 21 LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Carla Kerr Stearns dated March 26, 2021 re: #19 LETTER MOTION for Extension of Time to respond to Plaintiffs' (currently rejected) amended pleading and request for remand addressed to Judge Lorna G. Schofield from Adam Engel dated 3/25/2021. . Document filed by Heather Barlow, Jen Dobies, Jake Hendrickson, Phillip Lofaso, Maura Murphy, Makeeda Perkins, Marina Pushkina, Roes 1-2, Value Extraction Services LLC..(Kerr Stearns, Carla) |
| Set/Reset Deadlines: Responses due by 3/30/2021 (cf) |
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Filing 20
ORDER granting #18 Letter Motion for Leave to File Document. The application for leave to file a Second Amended Complaint is GRANTED. The Clerk of Court is respectfully directed to provide additional instructions on the appropriate ECF event for filing. (Signed by Judge Lorna G. Schofield on 3/25/2021) (cf)
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| Filing 19 LETTER MOTION for Extension of Time to respond to Plaintiffs' (currently rejected) amended pleading and request for remand addressed to Judge Lorna G. Schofield from Adam Engel dated 3/25/2021. Document filed by Inspire Summits LLC, David Katz, Paula Luff, Christopher Skroupa, John Stephen Wilson..(Engel, Adam) |
| Filing 18 LETTER MOTION for Leave to File Amended Cmpt & Exhibit A (filed as Exhibit to Pleading) addressed to Judge Lorna G. Schofield from Carla Kerr Stearns dated March 24, 2021. Document filed by Heather Barlow, Jen Dobies, Jake Hendrickson, Phillip Lofaso, Maura Murphy, Makeeda Perkins, Marina Pushkina, Roes 1-2, Value Extraction Services LLC..(Kerr Stearns, Carla) |
| Filing 17 EXHIBIT TO PLEADING re: #16 Amended Complaint,,. Document filed by Heather Barlow, Jen Dobies, Jake Hendrickson, Phillip Lofaso, Maura Murphy, Makeeda Perkins, Marina Pushkina, Roes 1-2, Value Extraction Services LLC..(Kerr Stearns, Carla) |
| Filing 16 SECOND AMENDED COMPLAINT amending #15 Amended Complaint, against Advisory Board Members Does 1-5, Inspire Summits LLC, David Katz, Paula Luff, Christopher Skroupa, John Stephen Wilson.Document filed by Maura Murphy, Phillip Lofaso, Marina Pushkina, Roes 1-2, Value Extraction Services LLC, Jen Dobies, Heather Barlow, Jake Hendrickson, Makeeda Perkins. Related document: #15 Amended Complaint,. (Attachments: #1 Supplement file too large, #2 Supplement file too large, #3 Supplement file too large, #4 Supplement file too large).(Kerr Stearns, Carla) Modified on 3/24/2021 (gp). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Carla Kerr Kerr Stearns to RE-FILE re: Document No. #15 Amended Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the PDF is titled for another Court and must be properly titled for the SDNY; the wrong event type was used to file the pleading; the All Defendant radio button was selected; the pleading was filed incorrectly on the due date, therefore new Court's leave must be granted. Re-file the pleading using the event type Second 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. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (jgo) |
| Filing 15 FILING ERROR - PDF ERROR - AMENDED COMPLAINT against All Defendants.Document filed by Maura Murphy, Phillip Lofaso, Marina Pushkina, Roes 1-2, Value Extraction Services LLC, Jen Dobies, Heather Barlow, Jake Hendrickson, Makeeda Perkins. (Attachments: #1 Supplement file too large, #2 Supplement file too large, #3 Supplement file too large, #4 Supplement file too large).(Kerr Stearns, Carla) Modified on 3/23/2021 (jgo). |
| Filing 14 LETTER MOTION for Leave to File 2d Am Cmpt (on remand) addressed to Judge Lorna G. Schofield from Carla Kerr Stearns dated March 22, 2021. Document filed by Heather Barlow, Jen Dobies, Jake Hendrickson, Phillip Lofaso..(Kerr Stearns, Carla) |
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Filing 13
MEMO ENDORSEMENT on re: #11 Letter filed by Phillip Lofaso, Jen Dobies, Jake Hendrickson, Heather Barlow. ENDORSEMENT: A pre-motion conference will be held on April 1, 2021, at 10:40 a.m. The conference will be telephonic and will occur on the following conference line: 888-363-4749, access: 5583333. The time of the conference is approximate, but the parties shall be prepared to begin at the scheduled time. SO ORDERED. (Telephone Conference set for 4/1/2021 at 10:40 AM before Judge Lorna G. Schofield.), Motions terminated: #6 LETTER MOTION for Conference (Pre-Motion Letter) addressed to Judge Lorna G. Schofield from Adam Engel dated 3/11/2021. filed by John Stephen Wilson, Inspire Summits LLC, Christopher Skroupa, Paula Luff, David Katz. (Signed by Judge Lorna G. Schofield on 3/12/2021) (jca)
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Filing 12
ORDER: It is hereby ORDERED that Plaintiffs' request for leave to file an amended complaint is GRANTED. By March 22, 2021, Plaintiffs shall file (1) any amended complaint for the sole purpose of removing the FLSA claims, and (2) any motion to remand, based on the court's discretion to exercise or not supplemental jurisdiction. Such motion may be made by letter motion. It is further ORDERED that, if Defendants object to remand, they shall file their opposition in a letter no later than March 24, 2021. (As further set forth in this Order.) ( Amended Pleadings due by 3/22/2021., Motions due by 3/22/2021., Responses due by 3/24/2021) (Signed by Judge Lorna G. Schofield on 3/18/2021) (cf)
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| Filing 11 LETTER addressed to Judge Lorna G. Schofield from Carla Kerr Stearns dated March 18, 2021 re: Response to Order (Dkt 8). Document filed by Heather Barlow, Jen Dobies, Jake Hendrickson, Phillip Lofaso..(Kerr Stearns, Carla) |
| Filing 10 LETTER addressed to Judge Lorna G. Schofield from Adam Engel dated 3/17/2021 re: in Support of Removal and in Response to Dkt. #7. Document filed by Inspire Summits LLC, David Katz, Paula Luff, Christopher Skroupa, John Stephen Wilson..(Engel, Adam) |
| Filing 9 LETTER addressed to Judge Lorna G. Schofield from Carla Kerr Stearns dated 3/17/21 re: Response to Order at dkt.7. Document filed by Heather Barlow..(Kerr Stearns, Carla) |
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Filing 8
ORDER with respect to #6 Letter Motion for Conference re: #6 LETTER MOTION for Conference (Pre-Motion Letter) addressed to Judge Lorna G. Schofield from Adam Engel dated 3/11/2021. By March 18, 2021, Plaintiffs shall file a responsive letter. (Signed by Judge Lorna G. Schofield on 3/15/2021) (jca)
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| Set/Reset Deadlines: Responses due by 3/18/2021 (jca) |
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Filing 7
ORDER: It is hereby ORDERED that, by March 17, 2021, Plaintiffs and Defendants shall each file a letter, not to exceed five pages, addressing, and providing case law citations regarding, whether removal is proper in this instance, where the claim arising under federal law only pertains to two of the ten Plaintiffs. (Signed by Judge Lorna G. Schofield on 3/12/2021) (jca)
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| Filing 6 LETTER MOTION for Conference (Pre-Motion Letter) addressed to Judge Lorna G. Schofield from Adam Engel dated 3/11/2021. Document filed by Inspire Summits LLC, David Katz, Paula Luff, Christopher Skroupa, John Stephen Wilson..(Engel, Adam) |
| Filing 5 NOTICE OF APPEARANCE by Carla Kerr Kerr Stearns on behalf of Heather Barlow..(Kerr Stearns, Carla) |
| Filing 4 LETTER addressed to Judge Lorna G. Schofield from Carla Kerr Stearns dated March 11, 2021 re: Relatedness to Case before Judge Woods. Document filed by Heather Barlow..(Kerr Stearns, Carla) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Adam E. Engel. The party information for the following party/parties has been modified: Inspire Summits LLC d/b/a Skytop Strategies; Makeeda Perkins ; Roes 1-2; John Wilson. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly; party text was omitted; alias party type was entered incorrectly. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Adam E. Engel. The following case opening statistical information was erroneously selected/entered: Jury Demand code b (Both). The following correction(s) have been made to your case entry: the Jury Demand code has been modified to n (None). (dnh) |
| 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..(dnh) |
| Magistrate Judge Katharine H. Parker 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) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Inspire Summits LLC d/b/a Skytop Strategies..(Engel, Adam) |
| Filing 2 CIVIL COVER SHEET filed..(Engel, Adam) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 651739/2020. (Filing Fee $ 402.00, Receipt Number ANYSDC-24233223).Document filed by Inspire Summits LLC d/b/a Skytop Strategies, David Katz, Paula Luff, Christopher Skroupa, John Wilson. (Attachments: #1 Exhibit Exhibits A-D, #2 Exhibit Exhibits E-I).(Engel, Adam) |
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