West v. Lasership, Inc. et al
| Daniel West, Romaine Clarke, Ryon Morgan and Saadala Aboulessan |
| So Sure Transports Inc., Lasership, Inc., Unknown Subcontractor Company A, Unknown Subcontractor Company B, Unknown Subcontractor Company C, Steven Trucking, Inc., Richard Grace and Richard LLC. and Unknown Subcontractor Companies A-Z |
| 1:2021cv05382 |
| June 17, 2021 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Sarah L Cave |
| Laura Taylor Swain |
| Labor: Fair Standards |
| Plaintiff |
Docket Report
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Filing 61
ORDER: Accordingly, by March 1, 2023: 1. LaserShip shall file an answer to the FAC; 2. Plaintiffs shall request from the Clerk of Court certificates of default as to So Sure and Grace; and 3. Plaintiffs shall show cause why their claims against Steven Trucking should not be dismissed under Rule 4(m) of the Federal Rules of Civil Procedure for failure to effect timely service, or Rule 41(b) of the Federal Rules of Civil Procedure for failure to prosecute. Such showing shall be made by affidavit or declaration. Lasership, Inc. answer due 3/1/2023. (Signed by Magistrate Judge Sarah L Cave on 2/15/2023) (ate)
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Filing 60
ORDER REFERRING CASE 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 Sarah L Cave. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/14/2023) (vfr)
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Filing 59
MEMORANDUM ORDER granting #25 Motion to Compel Arbitration. For the foregoing reasons, Defendants' motion to compel arbitration is granted as to Plaintiffs Ryon Morgan and Saadala Aboulessan. This action is hereby stayed as to Plaintiffs Morgan and Aboulessan only, pending arbitration. This Memorandum Order resolves docket entry no. 25. (And as further set forth herein.)SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/13/2023) (jca)
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Filing 58
MEMO ENDORSEMENT on re: #57 Letter filed by Saadala Aboulessan, Daniel West, Ryon Morgan, Romaine Clarke. ENDORSEMENT: The foregoing request is granted. Discovery is stayed pending resolution of the motion to compel arbitration. DE#57 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/8/2023) (vfr)
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Filing 57
JOINT LETTER addressed to Judge Laura Taylor Swain from Jason Rozger dated 02/07/2023 re: Discovery. Document filed by Saadala Aboulessan, Romaine Clarke, Ryon Morgan, Daniel West..(Rozger, Jason)
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Filing 56
MEMO ENDORSEMENT on re: #55 Notice of to Withdraw Motion to Dismiss withdrawing #28 Motion to Dismiss. ENDORSEMENT: So Ordered. (Signed by Judge Laura Taylor Swain on 1/11/2023) (vfr)
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Filing 55
NOTICE of to Withdraw Motion to Dismiss re: #29 Memorandum of Law in Support of Motion, #28 MOTION to Dismiss .. Document filed by Lasership, Inc...(Andrewscavage, Charles)
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Filing 54
NOTICE of Supplemental Authority re: #28 MOTION to Dismiss .. Document filed by Lasership, Inc.. (Attachments: #1 Exhibit A- Memorandum and Decision and Order (Yuan v. LaserShip)).(Andrewscavage, Charles)
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Filing 53
RESPONSE to Motion re: #25 MOTION to Compel Arbitration . Response to 10/27/22 Supplemental Authority. Document filed by Saadala Aboulessan, Romaine Clarke, Ryon Morgan, Daniel West..(Rozger, Jason)
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Filing 52
NOTICE of Supplemental Authority re: #25 MOTION to Compel Arbitration .. Document filed by Lasership, Inc.. (Attachments: #1 Exhibit A - Buckmire v LaserShip Inc.).(Andrewscavage, Charles)
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Filing 50
NOTICE of Supplemental Authority re: #25 MOTION to Compel Arbitration .. Document filed by Saadala Aboulessan, Romaine Clarke, Ryon Morgan, Daniel West. (Attachments: #1 Exhibit 1 - Southwest Opinion).(Saksouk, Raya)
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Filing 49
LETTER addressed to Judge Laura Taylor Swain from Raya F. Saksouk dated May 31, 2022 re: April 20, 2022 Notice of Supplemental Authority. Document filed by Saadala Aboulessan, Romaine Clarke, Ryon Morgan, Daniel West..(Saksouk, Raya)
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Filing 48
NOTICE of of Supplemental Authority re: #25 MOTION to Compel Arbitration .. Document filed by Lasership, Inc.. (Attachments: #1 Exhibit A-Castro v. TCA Logistics Corp.).(Andrewscavage, Charles)
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Filing 47
LETTER addressed to Judge Laura Taylor Swain from Raya F. Saksouk dated April 5, 2022 re: Mar. 29, 2022 Notice of Supplemental Authority. Document filed by Saadala Aboulessan, Romaine Clarke, Ryon Morgan, Daniel West..(Saksouk, Raya)
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Filing 46
NOTICE of of Supplemental Authority re: #29 Memorandum of Law in Support of Motion, #28 MOTION to Dismiss .. Document filed by Lasership, Inc.. (Attachments: #1 Exhibit A-Memorandum Decision and Order).(Andrewscavage, Charles)
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NOTICE OF CASE REASSIGNMENT to Judge Laura Taylor Swain. Judge Vernon S. Broderick is no longer assigned to the case. (aea)
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Filing 45
AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Richard Grace and Richard LLC. served on 11/9/2021, answer due 11/30/2021. Service was accepted by Sue Zouky, Secretary of State. Document filed by Saadala Aboulessan; Romaine Clarke; Ryon Morgan; Daniel West..(Rozger, Jason)
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Filing 44
AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. So Sure Transports Inc. served on 11/9/2021, answer due 11/30/2021. Service was accepted by Sue Zouky, Secretary of State. Document filed by Saadala Aboulessan; Romaine Clarke; Ryon Morgan; Daniel West..(Rozger, Jason)
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Filing 43
REPLY MEMORANDUM OF LAW in Support re: #25 MOTION to Compel Arbitration . . Document filed by Lasership, Inc...(Andrewscavage, Charles)
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Filing 42
REPLY MEMORANDUM OF LAW in Support re: #28 MOTION to Dismiss . . Document filed by Lasership, Inc...(Andrewscavage, Charles)
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Filing 41
MEMORANDUM OF LAW in Opposition re: #25 MOTION to Compel Arbitration . . Document filed by Saadala Aboulessan, Romaine Clarke, Ryon Morgan, Daniel West..(Rozger, Jason)
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Filing 40
ORDER granting #37 Letter Motion for Extension of Time to File Response/Reply re #37 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Vernon S. Broderick from Jason Rozger dated October 17, 2021. APPLICATION GRANTED. Plaintiffs shall file their opposition to Defendants' motion to compel arbitration by 10/25/2021. Defendants shall file their reply, if any, by 11/8/2021. SO ORDERED. Responses due by 10/25/2021 Replies due by 11/8/2021.. (Signed by Judge Vernon S. Broderick on 10/18/2021) (kv)
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Filing 39
DECLARATION of Jason Rozger in Opposition re: #28 MOTION to Dismiss .. Document filed by Saadala Aboulessan, Romaine Clarke, Ryon Morgan, Daniel West. (Attachments: #1 Exhibit Ex 1 Yuan Complaint, #2 Exhibit Ex 2 Pre-Motion Conference Letter).(Rozger, Jason)
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Filing 38
MEMORANDUM OF LAW in Opposition re: #28 MOTION to Dismiss . . Document filed by Saadala Aboulessan, Romaine Clarke, Ryon Morgan, Daniel West..(Rozger, Jason)
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Filing 37
LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Vernon S. Broderick from Jason Rozger dated October 17, 2021. Document filed by Saadala Aboulessan, Romaine Clarke, Ryon Morgan, Daniel West..(Rozger, Jason)
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Filing 36
ELECTRONIC AMENDED SUMMONS ISSUED as to So Sure Transports Inc...(pc)
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Filing 35
ELECTRONIC SUMMONS ISSUED as to Richard Grace and Richard LLC...(pc)
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Filing 34
REQUEST FOR ISSUANCE OF SUMMONS as to Richard Grace and Richard LLC, re: #22 Amended Complaint,. Document filed by Saadala Aboulessan, Romaine Clarke, Ryon Morgan, Daniel West..(Rozger, Jason)
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Filing 33
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to So Sure Transports, Inc., re: #22 Amended Complaint,. Document filed by Saadala Aboulessan, Romaine Clarke, Ryon Morgan, Daniel West..(Rozger, Jason)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jason Jerome Rozger to RE-FILE Document No. #32 Request for Issuance of Summons. The filing is deficient for the following reason(s): the form used for the summons is not the official A.O. Summons in a Civil Case form (AO Rev. 6/12). 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. (vf)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jason Jerome Rozger to RE-FILE Document No. #31 Request for Issuance of Summons. The filing is deficient for the following reason(s): the form used for the summons is not the official A.O. Summons in a Civil Case form (AO Rev. 6/12); the wrong event type was used to file the request for issuance of summons. Re-file the document using the event type 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. (vf)
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Filing 32
FILING ERROR - DEFICIENT - SUMMONS REQUESTED - WRONG SUMMONS FORM - REQUEST FOR ISSUANCE OF SUMMONS as to Richard Grace and Richard LLC, re: #22 Amended Complaint,. Document filed by Saadala Aboulessan, Romaine Clarke, Ryon Morgan, Daniel West..(Rozger, Jason) Modified on 10/1/2021 (vf). Modified on 10/1/2021 (vf).
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Filing 31
FILING ERROR - DEFICIENT - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF SUMMONS as to So Sure Transports, Inc., re: #22 Amended Complaint,. Document filed by Saadala Aboulessan, Romaine Clarke, Ryon Morgan, Daniel West..(Rozger, Jason) Modified on 10/1/2021 (vf). Modified on 10/1/2021 (vf).
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Filing 30
ORDER with respect to #25 Motion to Compel Arbitration; with respect to #28 Motion to Dismiss. On September 17, 2021, Defendant Lasership Inc. filed a motion to compel arbitration, (Doc. 25), and a motion to dismiss Plaintiffs first amended complaint pursuant to Federal Rules of Civil Procedure 12(b)(3) and 12(b)(6), (Doc. 28). Accordingly, it is hereby: ORDERED that Plaintiffs shall serve any opposition to the motion to compel and the motion to dismiss by October 18, 2021. Defendant Laserships reply, if any, shall be served by November 1, 2021. SO ORDERED. (Signed by Judge Vernon S. Broderick on 9/21/2021) (tg)
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Set/Reset Deadlines: Responses due by 10/18/2021 Replies due by 11/1/2021. (tg)
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Filing 29
MEMORANDUM OF LAW in Support re: #28 MOTION to Dismiss . . Document filed by Lasership, Inc...(Andrewscavage, Charles)
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Filing 28
MOTION to Dismiss . Document filed by Lasership, Inc...(Andrewscavage, Charles)
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Filing 27
DECLARATION of Didier Milongo in Support re: #25 MOTION to Compel Arbitration .. Document filed by Lasership, Inc.. (Attachments: #1 Exhibit A- March 9, 2016, Aboulessan Independent Contractor Agreement, #2 Exhibit B- November 23, 2016, Aboulessan Independent Contractor Agreement, #3 Exhibit C- October 8, 2015, Morgan Independent Contractor Agreement).(Andrewscavage, Charles)
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Filing 26
MEMORANDUM OF LAW in Support re: #25 MOTION to Compel Arbitration . . Document filed by Lasership, Inc...(Andrewscavage, Charles)
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Filing 25
MOTION to Compel Arbitration . Document filed by Lasership, Inc...(Andrewscavage, Charles)
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Filing 24
CONSENT TO BECOME PARTY PLAINTIFF UNDER THE 29 U.S.C. 216(b),. Document filed by Saadala Aboulessan, Romaine Clarke, Ryon Morgan, Daniel West..(Rozger, Jason)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jason Jerome Rozger. The party information for the following party/parties has been modified: Saadala Aboulessan, Romaine Clarke, Ryon Morgan, Daniel West. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf)
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Filing 23
CONSENT TO BECOME PARTY PLAINTIFF UNDER THE 29 U.S.C. 216(b),. Document filed by Saadala Aboulessan, Romaine Clarke, Ryon Morgan, Daniel West..(Rozger, Jason)
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Filing 22
FIRST AMENDED COMPLAINT amending #1 Complaint, #18 Amended Complaint, #19 Amended Complaint,, against Lasership, Inc., Richard Grace and Richard LLC., So Sure Transports Inc., Steven Trucking, Inc., Unknown Subcontractor Companies A-Z with JURY DEMAND.Document filed by Saadala Aboulessan, Romaine Clarke, Ryon Morgan, Daniel West. Related document: #1 Complaint, #18 Amended Complaint, #19 Amended Complaint,,..(Rozger, Jason)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jason Jerome Rozger to RE-FILE Document No. #19 Amended Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were 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. (sj)
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Filing 21
CONSENT TO SUE UNDER THE 29 U.S.C. 216(b). Document filed by Saadala Aboulessan..(Rozger, Jason)
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Filing 20
EXHIBIT TO PLEADING re: #18 Amended Complaint, #19 Amended Complaint,. Document filed by Saadala Aboulessan, Romaine Clarke, Ryon Morgan, Daniel West..(Rozger, Jason)
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Filing 19
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR FIRST AMENDED COMPLAINT amending #1 Complaint, #18 Amended Complaint against Lasership, Inc., Richard Grace and Richard LLC., So Sure Transports Inc., Steven Trucking, Inc., Unknown Subcontractor Companies A-Z, Unknown Subcontractor Company A, Unknown Subcontractor Company B, Unknown Subcontractor Company C with JURY DEMAND.Document filed by Saadala Aboulessan, Romaine Clarke, Ryon Morgan, Daniel West. Related document: #1 Complaint, #18 Amended Complaint.(Rozger, Jason) Modified on 9/3/2021 (sj).
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ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Daniel West, Romaine Clarke, Ryon Morgan, Saadala Aboulessan added. Party added pursuant to #1 Complaint, #18 Amended Complaint,.Document filed by Daniel West, Romaine Clarke, Ryon Morgan, Saadala Aboulessan. Related document: #1 Complaint, #18 Amended Complaint,..(Rozger, Jason)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jason Jerome Rozger to RE-FILE re: Document No. #18 Amended 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 Plaintiffs: Romaine Clarke, Ryon Morgan and Saadala Aboulessan each with party text 'on behalf of themselves and all others similarly situated', and, Defendants: Steven Trucking, Inc., Richard Grace and Richard LLC, Unknown Subcontractor Companies A-Z; all of the filers were not selected for the pleading; all of the parties whom the pleading is against were not selected; the pleading was filed incorrectly on the due date, therefore new Court's leave must be granted. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. 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. 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)
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Filing 18
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR FIRST AMENDED COMPLAINT amending #1 Complaint against Daniel West with JURY DEMAND.Document filed by Daniel West. Related document: #1 Complaint..(Rozger, Jason) Modified on 8/30/2021 (jgo).
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Filing 17
ORDER granting #16 Letter Motion for Extension of Time. APPLICATION GRANTED. SO ORDERED. The deadlines in the mediation referral order dated July 21, 2021, (Doc. 14), are adjourned until after Defendants respond to Plaintiff's amended complaint. (Signed by Judge Vernon S. Broderick on 8/2/2021) (rro)
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Filing 16
JOINT LETTER MOTION for Extension of Time addressed to Judge Vernon S. Broderick from Charles Andrewscavage dated 7/30/2021. Document filed by Lasership, Inc...(Andrewscavage, Charles)
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Filing 15
ORDER granting #13 FIRST LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Vernon S. Broderick from Bruce Menken dated 07/20/2021. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 7/21/2021) (mml) Modified on 7/22/2021 (mml).
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Set/Reset Deadlines: Amended Pleadings due by 8/27/2021. (mml)
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Filing 14
MEDIATION REFERRAL ORDER FOR CASES FILED UNDER THE FAIR LABOR STANDARDS ACT 29 U.S.C. Sec. 201 et seq. This case, involving claims under the Fair Labor Standards Act (FLSA), 29 U.S.C. Sec. 201 et seq., has been assigned to this Court for all purposes. In the Courts experience, cases involving FLSA claims often benefit from early mediation. To that end, prior to a Rule 16(b) case management conference the Court is referring this case to the Mediation Office for settlement purposes under Local Civil Rule 83.9. To facilitate mediation the parties shall, within four weeks of this Order, confer and provide the items set forth in this Order. Mediator to be Assigned by 8/2/2021. (Signed by Judge Vernon S. Broderick on 12/10/2019) (jpt)
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Filing 13
FIRST LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Vernon S. Broderick from Bruce Menken dated 07/20/2021. Document filed by Daniel West..(Menken, Bruce)
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Filing 12
NOTICE OF APPEARANCE by Charles Andrewscavage on behalf of Lasership, Inc...(Andrewscavage, Charles)
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Filing 11
AFFIDAVIT OF SERVICE of Summons and Complaint. So Sure Transports Inc. served on 7/2/2021, answer due 7/23/2021. Service was accepted by Amy Lesch, Document Specialist Secretary of State. Document filed by Daniel West..(Menken, Bruce)
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Filing 10
AFFIDAVIT OF SERVICE of Summons and Complaint. Lasership, Inc. served on 7/2/2021, answer due 7/23/2021. Service was accepted by Amy Lesch, Document Specialist Secretary of State. Document filed by Daniel West..(Menken, Bruce)
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ADD PARTY FOR PLEADING. Defendants/Respondents Lasership, Inc., So Sure Transports Inc., Unknown Subcontractor Company A, Unknown Subcontractor Company B, Unknown Subcontractor Company C added. Party added pursuant to #1 Complaint.Document filed by Daniel West. Related document: #1 Complaint..(Rozger, Jason)
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Filing 9
ELECTRONIC SUMMONS ISSUED as to Lasership, Inc...(pc)
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Filing 8
ELECTRONIC SUMMONS ISSUED as to So Sure Transports Inc...(pc)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jason Jerome Rozger. The party information for the following party/parties has been modified: Daniel West. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jason Jerome Rozger 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;. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (pc)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jason Jerome Rozger. The following case opening statistical information was erroneously selected/entered: Arbitration code e (Exempt); County code Albany;. The following correction(s) have been made to your case entry: the Arbitration code has been deleted; the County code has been modified to Westchester;. (pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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)
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Case Designated ECF. (pc)
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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. (pc)
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Filing 7
NOTICE OF APPEARANCE by William Kaining Li on behalf of Daniel West..(Li, William)
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Filing 6
CONSENT TO BECOME PARTY PLAINTIFF UNDER THE 29 U.S.C. 216(b),. Document filed by Daniel West..(Rozger, Jason)
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Filing 5
NOTICE OF APPEARANCE by Raya Saksouk on behalf of Daniel West..(Saksouk, Raya)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to So Sure Transport Inc., re: #1 Complaint. Document filed by Daniel West..(Rozger, Jason)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Lasership Inc., re: #1 Complaint. Document filed by Daniel West..(Rozger, Jason)
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Filing 2
CIVIL COVER SHEET filed..(Rozger, Jason)
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Filing 1
COMPLAINT against Lasership, Inc., So Sure Transports Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24690087)Document filed by Daniel West..(Rozger, Jason)
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