Ogelton et al v. The City of New York et al
Plaintiff: Calwayne Ogelton and Richard Whint
Defendant: THE CITY OF NEW YORK, NYC Department of Buildings and Melanie E. La Rocca
Case Number: 1:2021cv06889
Filed: August 16, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Paul G Gardephe
Referring Judge: Ona T Wang
Nature of Suit: Labor: Other
Cause of Action: 29 U.S.C. § 201 Fair Labor Standards Act
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on March 31, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 1, 2022 Opinion or Order Filing 45 AMENDED ORDER OF REFERENCE TO A 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) and Dispositive Motion (i.e., motion requiring a Report and Recommendation) Dkt. No. 40. Referred to Magistrate Judge Ona T. Wang. Motions referred to Ona T. Wang. SO ORDERED. (Signed by Judge Paul G. Gardephe on 3/1/2022) (ks)
February 25, 2022 Filing 44 REPLY MEMORANDUM OF LAW in Opposition re: #40 MOTION to Dismiss . . Document filed by Calwayne Ogelton, Richard Whint..(Igbokwe, Onyuwoma)
February 25, 2022 Filing 43 REPLY MEMORANDUM OF LAW in Support re: #40 MOTION to Dismiss . . Document filed by Melanie E. La Rocca, NYC Department of Buildings, The City of New York..(Rosen, Elisheva)
February 25, 2022 Filing 42 DECLARATION of Elisheva L. Rosen in Support re: #40 MOTION to Dismiss .. Document filed by Melanie E. La Rocca, NYC Department of Buildings, The City of New York. (Attachments: #1 Exhibit Lewis A. Kaplans Order, ECF No. 87, dated September 22, 2017, adopting the Report and Recommendation of Magistrate Judge Andrew J. Peck, in Gary McCalla, et. al. v. City of New York, et. al., Civil Action No. 12-CV-8002 (LAK)., #2 Exhibit Magistrate Judge Andrew J. Pecks Report and Recommendation, ECF No. 80, dated August 14, 2017, in Gary McCalla, et. al. v. City of New York, et. al., Civil Action No. 12-CV-8002 (LAK). Civil Action No. 15-CV-8002-LAK-OTW.).(Rosen, Elisheva)
February 25, 2022 Filing 41 MEMORANDUM OF LAW in Support re: #40 MOTION to Dismiss . . Document filed by Melanie E. La Rocca, NYC Department of Buildings, The City of New York..(Rosen, Elisheva)
February 25, 2022 Filing 40 MOTION to Dismiss . Document filed by Melanie E. La Rocca, NYC Department of Buildings, The City of New York..(Rosen, Elisheva)
February 18, 2022 Filing 39 JOINT LETTER addressed to Magistrate Judge Ona T. Wang from Daniel Needham dated 02/18/2022 re: Status Letter. Document filed by Calwayne Ogelton, Richard Whint..(Needham, Daniel)
February 18, 2022 Filing 38 LETTER addressed to Judge Paul G. Gardephe from O. Williams Igbokwe dated 02/18/2022 re: PF opposition to DF motion to Dismiss. Document filed by Calwayne Ogelton, Richard Whint..(Igbokwe, Onyuwoma)
February 9, 2022 Opinion or Order Filing 37 ORDER terminating #34 Motion to Dismiss. In accordance with Rule IV.C of the Court's Individual Rules of Practice, the parties are directed to "electronically file motion and reply papers on ECF only when the entire motion has been briefed." Accordingly, the Clerk of Court is directed to terminate the motion pending at Dkt. No. 34. Defendants will re-file their motion to dismiss only once the motion is fully briefed. So Ordered. (Signed by Judge Paul G. Gardephe on 2/9/22) (yv)
February 8, 2022 Filing 36 DECLARATION of Elisheva L. Rosen in Support re: #30 FIRST MOTION to Dismiss ., #34 MOTION to Dismiss .. Document filed by Melanie E. La Rocca, NYC Department of Buildings, The City of New York. (Attachments: #1 Exhibit, #2 Exhibit).(Rosen, Elisheva)
February 8, 2022 Filing 35 MEMORANDUM OF LAW in Support re: #30 FIRST MOTION to Dismiss ., #34 MOTION to Dismiss . . Document filed by Melanie E. La Rocca, NYC Department of Buildings, The City of New York..(Rosen, Elisheva)
February 8, 2022 Filing 34 MOTION to Dismiss . Document filed by Melanie E. La Rocca, NYC Department of Buildings, The City of New York..(Rosen, Elisheva)
January 27, 2022 Opinion or Order Filing 33 ORDER. The Court has reviewed ECF 24 and 29. Plaintiffs' motion for reconsideration of the stay of discovery through February 18, 2022 is DENIED. Plaintiffs have not presented new facts or controlling law or identified any clear error or manifest injustice warranting reconsideration of the temporary discovery stay. See Local Rule 6.3. The parties shall file a joint status letter on February 18, 2022. (HEREBY ORDERED by Magistrate Judge Ona T. Wang) (Text Only Order)(rlf)
January 20, 2022 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Elisheva Rosen to RE-FILE Document #32 Notice (Other), #31 Declaration in Support of Motion,,,. ERROR(S): Supporting and or Opposing/Response Document(s) linked to a deficient entry. (kj)
January 20, 2022 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Notice to Attorney Elisheva Rosen to RE-FILE Document #30 FIRST MOTION to Dismiss . Wrong PDF is attached. (kj)
January 20, 2022 Filing 32 FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE of Notice of Defendants' Motion to Dismiss the Complaint re: #30 FIRST MOTION to Dismiss ., #31 Declaration in Support of Motion,,. Document filed by Melanie E. La Rocca, NYC Department of Buildings, The City of New York..(Rosen, Elisheva) Modified on 2/8/2022 (kj).
January 20, 2022 Filing 31 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Elisheva L. Rosen in Support re: #30 FIRST MOTION to Dismiss .. Document filed by Melanie E. La Rocca, NYC Department of Buildings, The City of New York. (Attachments: #1 Exhibit Lewis A. Kaplans Order, ECF No. 87, dated September 22, 2017, adopting the Report and Recommendation of Magistrate Judge Andrew J. Peck, in Gary McCalla, et. al. v. City of New York, et. al., Civil Action No. 12-CV-8002 (LAK), #2 Exhibit Magistrate Judge Andrew J. Pecks Report and Recommendation, ECF No. 80, dated August 14, 2017, in Gary McCalla, et. al. v. City of New York, et. al., Civil Action No. 12-CV-8002 (LAK). Civil Action No. 15-CV-8002-LAK-OTW.).(Rosen, Elisheva) Modified on 2/8/2022 (kj).
January 20, 2022 Filing 30 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - FIRST MOTION to Dismiss . Document filed by Melanie E. La Rocca, NYC Department of Buildings, The City of New York. Responses due by 2/18/2022.(Rosen, Elisheva) Modified on 2/8/2022 (kj).
January 13, 2022 Filing 29 RESPONSE in Opposition to Motion re: #19 SECOND LETTER MOTION for Extension of Time Defendants respectfully request a thirty (30) day extension of time to respond to the current operative Complaint addressed to Magistrate Judge Ona T. Wang from Elisheva L. Rosen dated November 26, 20 Defendants respectfully oppose Plaintiffs motion to reconsider the stay of discovery (ECF Dkt. No. 24). Document filed by Melanie E. La Rocca, NYC Department of Buildings, The City of New York..(Rosen, Elisheva)
January 7, 2022 Opinion or Order Filing 28 ORDER terminating #27 Motion for Conference re: #27 FIRST LETTER MOTION for Conference Defendants respectfully request a pre-motion conference, seeking leave to file a motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure addressed to Judge Paul G. Gardephe from. The following schedule will apply to Defendants' proposed motion to dismiss: 1. Defendants' motion is due on January 28, 2022; 2. Plaintiffs' opposition is due on February 18, 2022; and 3. Defendants' reply, if any, is due on February 25, 2022. The Clerk of the Court is directed to terminate the motion. (Dkt. No. 27) SO ORDERED.. (Signed by Judge Paul G. Gardephe on 1/7/2022) (ks) Modified on 1/7/2022 (ks).
January 7, 2022 Set/Reset Deadlines: Motions due by 1/28/2022. Responses due by 2/18/2022 Replies due by 2/25/2022. (ks)
December 30, 2021 Filing 27 FIRST LETTER MOTION for Conference Defendants respectfully request a pre-motion conference, seeking leave to file a motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure addressed to Judge Paul G. Gardephe from Elisheva L. Rosen dated December 30, 2021. Document filed by Melanie E. La Rocca, NYC Department of Buildings, The City of New York..(Rosen, Elisheva)
December 28, 2021 Opinion or Order Filing 26 ORDER. The Court has reviewed ECF 25. The parties shall follow Section IV of Judge Gardephe's Individual Rules. Accordingly, Defendants' pre-motion conference letter is due by January 7, 2022. (HEREBY ORDERED by Magistrate Judge Ona T. Wang) (Text Only Order) (rlf)
December 20, 2021 Filing 25 FIRST LETTER addressed to Magistrate Judge Ona T. Wang from Elisheva L. Rosen dated December 20, 2021 re: Respectfully seek clarification as to the scheduling order issued on December 7, 2021. Document filed by Melanie E. La Rocca, NYC Department of Buildings, The City of New York..(Rosen, Elisheva)
December 17, 2021 Filing 24 LETTER addressed to Magistrate Judge Ona T. Wang from Daniel Needham dated 12/17/2021 re: reconsideration of stay in discovery pending defendants' motion to dismiss. Document filed by Calwayne Ogelton, Richard Whint..(Needham, Daniel)
December 14, 2021 Filing 23 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 12/7/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(jca)
December 14, 2021 Filing 22 TRANSCRIPT of Proceedings re: Telephone Conference held on 12/7/2021 before Magistrate Judge Ona T. Wang. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/4/2022. Redacted Transcript Deadline set for 1/14/2022. Release of Transcript Restriction set for 3/14/2022.(jca)
December 7, 2021 Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: Case Management Conference held on 12/7/2021. (Quinn, Diane)
December 1, 2021 Filing 21 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Calwayne Ogelton, Richard Whint..(Needham, Daniel)
November 29, 2021 Opinion or Order Filing 20 ORDER granting #19 Letter Motion for Extension of Time. Defendants' response to the Complaint is due December 29, 2021. (HEREBY ORDERED by Magistrate Judge Ona T. Wang)(Text Only Order) (rlf)
November 26, 2021 Filing 19 SECOND LETTER MOTION for Extension of Time Defendants respectfully request a thirty (30) day extension of time to respond to the current operative Complaint addressed to Magistrate Judge Ona T. Wang from Elisheva L. Rosen dated November 26, 2021. Document filed by Melanie E. La Rocca, NYC Department of Buildings, The City of New York..(Rosen, Elisheva)
October 13, 2021 Opinion or Order Filing 18 ORDER granting #17 Letter Motion to Adjourn Conference. The Initial Pretrial Conference is adjourned to December 7, 2021 at 10:00 a.m. The dial in information is (866) 390-1828, access code 1582687. Proposed Case Management Plan due December 1, 2021.See ECF 7 for further instructions.(HEREBY ORDERED by Magistrate Judge Ona T. Wang)(Text Only Order)(rlf)
October 12, 2021 Filing 17 FIRST LETTER MOTION to Adjourn Conference Defendants write to respectfully request that the Court adjourn the initial conference, currently scheduled for November 4, 2021, until a date after Defendants have filed their response to the Complaint addressed to Magistrate Judge Ona T. Wang from Elisheva L. Rosen dated October 12, 2021. Document filed by Melanie E. La Rocca, NYC Department of Buildings, The City of New York..(Rosen, Elisheva)
September 22, 2021 Opinion or Order Filing 16 ORDER terminating #14 Letter Motion for Extension of Time. See ECF 15. (HEREBY ORDERED by Magistrate Judge Ona T. Wang)(Text Only Order) (rlf)
September 22, 2021 Opinion or Order Filing 15 ORDER granting #12 Letter Motion for Extension of Time. Defendants' response to the Complaint is due November 29, 2021. (HEREBY ORDERED by Magistrate Judge Ona T. Wang)(Text Only Order) (rlf)
September 17, 2021 Filing 14 LETTER MOTION for Extension of Time respectfully respond to opposing counsel's opposition to, and to clarify, Defendants request for a sixty (60) day extension addressed to Magistrate Judge Ona T. Wang from Elisheva L. Rosen dated September 17, 2021. Document filed by Melanie E. La Rocca, NYC Department of Buildings, The City of New York. (Attachments: #1 DOB Confirming Electronic Service of Summons and Complaint, #2 Email Exchange Regarding Extension Request).(Rosen, Elisheva)
September 16, 2021 Filing 13 LETTER addressed to Magistrate Judge Ona T. Wang from Daniel Needham dated 9/16/2021 re: Defendants Request for Extension of Time to Respond. Document filed by Calwayne Ogelton, Richard Whint. (Attachments: #1 Exhibit Exhibit A - July 23, 2021 letter from counsel).(Needham, Daniel)
September 13, 2021 Filing 12 FIRST LETTER MOTION for Extension of Time to respectfully request a sixty (60) day extension of time, from September 28, 2021 (as per ECF Doc Nos. 9-11) to November 27, 2021, for Defendants to respond to the Complaint addressed to Magistrate Judge Ona T. Wang from Elisheva L. Rosen dated September 13, 2021. Document filed by Melanie E. La Rocca, NYC Department of Buildings, The City of New York..(Rosen, Elisheva)
September 10, 2021 Filing 11 SUMMONS RETURNED EXECUTED. Melanie E. La Rocca served on 9/7/2021, answer due 9/28/2021. Service was accepted by VICTORIA VELEZ. Document filed by Calwayne Ogelton; Richard Whint..(Igbokwe, Onyuwoma)
September 10, 2021 Filing 10 SUMMONS RETURNED EXECUTED. NYC Department of Buildings served on 9/7/2021, answer due 9/28/2021. Service was accepted by VICTORIA VELEZ. Document filed by Calwayne Ogelton; Richard Whint..(Igbokwe, Onyuwoma)
September 10, 2021 Filing 9 SUMMONS RETURNED EXECUTED. The City of New York served on 9/7/2021, answer due 9/28/2021. Service was accepted by BETY MYZACK. Document filed by Calwayne Ogelton; Richard Whint..(Igbokwe, Onyuwoma)
September 10, 2021 Filing 8 NOTICE OF APPEARANCE by Elisheva Leah Rosen on behalf of Melanie E. La Rocca, NYC Department of Buildings, The City of New York..(Rosen, Elisheva)
September 8, 2021 Opinion or Order Filing 7 INITIAL CASE MANAGEMENT CONFERENCE ORDER: An Initial Pretrial Conference in accordance with Rule 16(b) of the Federal Rules of Civil Procedure will be held telephonically on Thursday, November 04, 2021 at 11:00 a.m. The dial in information is (866) 3901828, access code 1582687. (Initial Conference set for 11/4/2021 at 11:00 AM before Magistrate Judge Ona T. Wang.) (Signed by Magistrate Judge Ona T. Wang on 9/8/2021) (rro)
August 18, 2021 Filing 6 NOTICE OF APPEARANCE by Daniel Christian Needham on behalf of Calwayne Ogelton, Richard Whint..(Needham, Daniel)
August 18, 2021 Opinion or Order Filing 5 ORDER OF REFERENCE TO A 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 Ona T. Wang. (Signed by Judge Paul G. Gardephe on 8/18/2021) (kv)
August 17, 2021 Filing 4 ELECTRONIC SUMMONS ISSUED as to Melanie E. La Rocca, NYC Department of Buildings, The City of New York.(vf)
August 17, 2021 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Onyuwoma Williams Igbokwe. The party information for the following party/parties has been modified: Calwayne Ogelton, Richard Whint, CITY OF NEW YORK. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted. (vf)
August 17, 2021 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Onyuwoma Williams Igbokwe. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:2(a) Fair Labor Standards Act; County code New York. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:201 Fair Labor Standards Act; the County code has been modified to Queens. (vf)
August 17, 2021 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. 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..(vf)
August 17, 2021 Magistrate Judge Ona T. Wang 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. (vf)
August 17, 2021 Case Designated ECF. (vf)
August 16, 2021 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to The City of New York, New York City Department of Buildings, and Melanie E. La Rocca, re: #1 Complaint. Document filed by Calwayne Ogelton, Richard Whint..(Igbokwe, Onyuwoma)
August 16, 2021 Filing 2 CIVIL COVER SHEET filed..(Igbokwe, Onyuwoma)
August 16, 2021 Filing 1 COMPLAINT against Melanie E. La Rocca, NYC Department of Buildings, The City of New York. (Filing Fee $ 402.00, Receipt Number ANYSDC-24939018)Document filed by Calwayne Ogelton, Richard Whint..(Igbokwe, Onyuwoma)

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Search for this case: Ogelton et al v. The City of New York et al
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Plaintiff: Calwayne Ogelton
Represented By: Onyuwoma Williams Igbokwe
Represented By: Daniel Christian Needham
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Plaintiff: Richard Whint
Represented By: Onyuwoma Williams Igbokwe
Represented By: Daniel Christian Needham
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Defendant: THE CITY OF NEW YORK
Represented By: Elisheva Leah Rosen
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Defendant: NYC Department of Buildings
Represented By: Elisheva Leah Rosen
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Defendant: Melanie E. La Rocca
Represented By: Elisheva Leah Rosen
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