Cantave et al v. All Metro Health Care Services of New York, Inc. et al
| Marcella Clovis, Ann Marie Brown and Micheline Cantave |
| All Metro Field Service Workers Payroll Services Corporation, David P. Middleton, All Metro Health Care Services of New York, Inc., All Metro Home Care Services, Inc., John Does #1-10, All Metro Aides Inc., All Metro Management and Payroll Services Corporation, All Metro Payroll Services Corporation and All Metro Home Care Services of New York, Inc. |
| 1:2021cv03111 |
| April 9, 2021 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 12, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 21 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. All Metro Home Care Services of New York, Inc. served on 5/7/2021, answer due 5/28/2021. Service was accepted by Nancy Dougherty of NY Secretary of State. Document filed by Ann Marie Brown..(Rand, William) |
| Filing 20 ELECTRONIC SUMMONS ISSUED as to All Metro Home Care Services of New York, Inc., All Metro Management and Payroll Services Corporation, All Metro Payroll Services Corporation..(pc) |
| Filing 19 ELECTRONIC AMENDED SUMMONS ISSUED as to All Metro Aides Inc., All Metro Field Service Workers Payroll Services Corporation, All Metro Home Care Services, Inc., David P. Middleton..(pc) |
| Filing 18 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to ALL METRO HOME CARE SERVICES, INC., ALL METRO FIELD SERVICE WORKERS PAYROLL SERVICES CORPORATION, ALL METRO AIDES INC., AND DAVID P. MIDDLETON,, re: #11 Amended Complaint,. Document filed by Ann Marie Brown, Micheline Cantave, Marcella Clovis..(Rand, William) |
| Filing 17 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to ALL METRO HOME CARE SERVICES OF NEW YORK, INC., ALL METRO PAYROLL SERVICES CORPORATION, and ALL METRO MANAGEMENT AND PAYROLL SERVICES CORPORATION, re: #11 Amended Complaint,. Document filed by Ann Marie Brown, Micheline Cantave, Marcella Clovis..(Rand, William) Modified on 5/6/2021 (pc). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney William Coudert Rand to RE-FILE Document No. #16 Request for Issuance of Amended Summons, #15 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; a standard Request for Issuance of Summons must be requested for new parties using the event type Request for Issuance of Summons; an Amended Summons must be requested for previously issued parties using the event type Request for Issuance of Amended Summons;. (pc) |
| Filing 16 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to ALL METRO HOME CARE SERVICES, INC., ALL METRO FIELD SERVICE WORKERS PAYROLL SERVICES CORPORATION, ALL METRO AIDES INC., AND DAVID P. MIDDLETON,, re: #11 Amended Complaint,. Document filed by Ann Marie Brown, Micheline Cantave, Marcella Clovis..(Rand, William) Modified on 5/5/2021 (pc). |
| Filing 15 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST - PREVIOUSLY ISSUED TO PARTY - REQUEST FOR ISSUANCE OF SUMMONS as to ALL METRO HOME CARE SERVICES OF NEW YORK, INC., ALL METRO PAYROLL SERVICES CORPORATION, and ALL METRO MANAGEMENT AND PAYROLL SERVICES CORPORATION,, re: #11 Amended Complaint,. Document filed by Ann Marie Brown, Micheline Cantave, Marcella Clovis..(Rand, William) Modified on 5/5/2021 (pc). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney William Coudert Rand to RE-FILE Document No. #14 Request for Issuance of Summons. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons; two separate summonses must be filed; a standard Request for Issuance of Summons must be requested for new parties using the event type Request for Issuance of Summons; an Amended Summons must be requested for previously issued parties using the event type Request for Issuance of Amended Summons;. 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. (jgo) |
| Filing 14 FILING ERROR - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF SUMMONS as to ALL METRO HOME CARE SERVICES OF NEW YORK, INC., ALL METRO HOME CARE SERVICES, INC., ALL METRO FIELD SERVICE WORKERS PAYROLL SERVICES CORPORATION, ALL METRO PAYROLL SERVICES CORPORATION, ALL METRO MANAGEMENT AND PAYROLL SERVICES CORPORATION, ALL METRO AIDES INC., AND DAVID P. MIDDLETON,, re: #11 Amended Complaint,. Document filed by Micheline Cantave..(Rand, William) Modified on 5/4/2021 (jgo). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney William Coudert Rand to RE-FILE Document No. #13 Request for Issuance of Amended Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the wrong event type was used to file the request for issuance of summons; A standard summons is required for newly added parties and an Amended summons is required for parties previously issued a summons. Both summonses must be filed separately. 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. (sj) |
| Filing 13 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to ALL METRO HOME CARE SERVICES OF NEW YORK, INC., ALL METRO HOME CARE SERVICES, INC., ALL METRO FIELD SERVICE WORKERS PAYROLL SERVICES CORPORATION, ALL METRO PAYROLL SERVICES CORPORATION, ALL METRO MANAGEMENT AND PAYROLL SERVICES CORPORATION, ALL METRO AIDES INC., AND DAVID P. MIDDLETON, re: #11 Amended Complaint. Document filed by Ann Marie Brown, Micheline Cantave, Marcella Clovis..(Rand, William) Modified on 4/27/2021 (sj). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney William Coudert Rand to RE-FILE Document No. #12 Request for Issuance of Summons,,. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons; a standard Request for Issuance of Summons must be requested for new parties using the event type Request for Issuance of Summons and an Amended Summons must be requested for previously issued parties using the event type Request for Issuance of Amended Summons. Re-file the document using the event type Request for Issuance of Summons and Request for Issuance of Amended Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) |
| Filing 12 FILING ERROR - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF SUMMONS as to ALL METRO HOME CARE SERVICES OF NEW YORK, INC., ALL METRO HOME CARE SERVICES, INC., ALL METRO FIELD SERVICE WORKERS PAYROLL SERVICES CORPORATION, ALL METRO PAYROLL SERVICES CORPORATION, ALL METRO MANAGEMENT AND PAYROLL SERVICES CORPORATION, ALL METRO AIDES INC., AND DAVID P. MIDDLETON, re: #11 Amended Complaint,. Document filed by Ann Marie Brown, Micheline Cantave, Marcella Clovis..(Rand, William) Modified on 4/26/2021 (jgo). |
| Filing 11 AMENDED COMPLAINT amending #6 Complaint, against All Metro Aides Inc., All Metro Field Service Workers Payroll Services Corporation, All Metro Home Care Services, Inc., John Does #1-10, David P. Middleton, All Metro Home Care Services of New York, Inc., All Metro Payroll Services Corporation, All Metro Management and Payroll Services Corporation with JURY DEMAND.Document filed by Ann Marie Brown, Marcella Clovis, Micheline Cantave. Related document: #6 Complaint,..(Rand, William) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to All Metro Aides Inc., All Metro Field Service Workers Payroll Services Corporation, All Metro Health Care Services of New York, Inc., All Metro Home Care Services, Inc., David P. Middleton. (sj) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to ALL METRO HEALTH CARE SERVICES OF NEW YORK, INC., ALL METRO HOME CARE SERVICES, INC., ALL METRO FIELD SERVICE WORKERS PAYROLL SERVICES CORPORATION, ALL METRO AIDES INC. AND DAVID P. MIDDLETON, re: #1 Complaint, #6 Complaint,. Document filed by Ann Marie Brown, Micheline Cantave, Marcella Clovis..(Rand, William) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney William Coudert Rand to RE-FILE Document No. #4 Request for Issuance of Summons,. The filing is deficient for the following reason(s): List the defendants' names on the docket entry. Not the plaintiffs;. 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. (pc) |
Filing 8
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Sarah L Cave. The parties are directed to contact the chambers of Magistrate Judge Cave no later than one week after an answer is filed to schedule a settlement conference to take place at least two weeks before the initial pretrial conference scheduled for July 20, 2021, by separate order to be entered today. (Signed by Judge Jesse M. Furman on 4/12/2021) (nb)
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Filing 7
ORDER REGARDING EARLY MEDIATION AND THE INITIAL PRETRIAL CONFERENCE: It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on July 20, 2021, at 4:00 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. All counsel are required to register promptly as filing users on ECF and to familiarize themselves with the SDNY ECF Rules & Instructions, which are available at http://nysd.uscourts.gov/ecf_filing.php. All counsel must also familiarize themselves with the Court's Individual Rules, which are available at http://nysd.uscourts.gov/judge/Furman. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the initial pretrial conference. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at http://nysd.uscourts.gov/judge/Furman. Any open legal issues can be addressed at the conference. The joint letter shall not exceed five (5) pages, and shall provide the following information in separate paragraphs as further set forth in this Order. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Rules and Practices forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Court's Individual Rules and Practices to that party personally. SO ORDERED. ( Initial Conference set for 7/20/2021 at 04:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 4/12/21) (yv)
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| Filing 6 COMPLAINT against All Metro Aides Inc., All Metro Field Service Workers Payroll Services Corporation, All Metro Health Care Services of New York, Inc., All Metro Home Care Services, Inc., John Does #1-10. Document filed by Ann Marie Brown, Marcella Clovis, Micheline Cantave..(Rand, William) |
| Filing 5 CIVIL COVER SHEET filed..(Rand, William) |
| Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Micheline Cantave, Marcella Clovis, and Ann Marie Brown, re: #1 Complaint,. Document filed by Ann Marie Brown, Micheline Cantave, Marcella Clovis..(Rand, William) Modified on 4/13/2021 (pc). |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney William Coudert Rand. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:2;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:201;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney William Coudert Rand to RE-FILE Document No. #3 Civil Cover Sheet. The filing is deficient for the following reason(s): Jurisdiction code was not selected;. 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 October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney William Coudert Rand to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): all of the parties whom the pleading is against were not selected. Re-file the pleading using the event type 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney William Coudert Rand to RE-FILE Document No. #2 Request for Issuance of Summons,. The filing is deficient for the following reason(s): party names on the PDF case caption must be listed exactly as they appear on the pleading caption. If all of the party names do not fit, include 'et al';. 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. (jgo) |
| Magistrate Judge Sarah L. Cave 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. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 3 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Rand, William) Modified on 4/12/2021 (jgo). |
| Filing 2 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to ALL METRO HEALTH CARE SERVICES OF NEW YORK, INC., ALL METRO HOME CARE SERVICES, INC., ALL METRO FIELD SERVICE WORKERS PAYROLL SERVICES CORPORATION, ALL METRO AIDES INC. and DAVID P. MIDDLETON, re: #1 Complaint,. Document filed by Ann Marie Brown, Micheline Cantave, Marcella Clovis..(Rand, William) Modified on 4/12/2021 (jgo). |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - COMPLAINT against All Metro Aides Inc., All Metro Field Service Workers Payroll Services Corporation, All Metro Health Care Services of New York, Inc., All Metro Home Care Services, Inc., John Does #1-10. (Filing Fee $ 402.00, Receipt Number ANYSDC-24378938)Document filed by Ann Marie Brown, Marcella Clovis, Micheline Cantave..(Rand, William) Modified on 4/12/2021 (jgo). |
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