Poletti et al v. Pepsi-Cola Bottling Company Of New York, Inc. et al
| Terence J. Poletti, Leonard Costa, Christopher J. Chapman, Steven Nieves, Joseph Distasi, Arthur Combs, Michael Ashton, Thomas Legotte, Stephen Martin, Miguel Mieles, N. William Good, Terrence Carr, Robert Eliseo, Leonard Carlo, Kirk Rodriguez, George Murn, Walter Schmitt, Thomas Capriola, Terrence Carr, II, Angel Lopez, Steven Weidler, Vincent Carrieri, Nick Purcell, Jeffrey Good, Gerard Amitrano, Meryl Walder as the Executor of the Estate of Alan Walder, Matthew Dundie, Abrahan Rosario and Donna Magnussen as the Executor of the Estate of Richard Magnussen |
| Pepsi-Cola Bottling Company Of New York, Inc., Reginald Goins, William W. Wilson, Harold Honickman, Joseph Klingler, Scott Allmers, Joseph Hayes and Jeffrey Honickman |
| 1:2021cv07603 |
| September 10, 2021 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Labor: Fair Standards |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 6, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 97
OPINION & ORDER re: #64 MOTION to Compel Arbitration as to 17 Plaintiffs, and for a Stay of Proceedings Pursuant to the Federal Arbitration Act, 9 U.S.C. 1 ET SEQ. filed by Joseph Klingler, Pepsi-Cola Bottling Company Of New York, Inc., Jeffrey Honickman, Harold Honickman, Scott Allmers, Joseph Hayes, William W. Wilson, Reginald Goins, #67 MOTION to Compel Arbitration Pursuant to the Fedearl Arbitration Act, 9 U.S.C. 1 ET SEQ. as to 11 Plaintiffs and for a Stay of Proceedings. filed by Joseph Klingler, Pepsi-Cola Bottling Company Of New York, Inc., Jeffrey Honickman, Harold Honickman, Scott Allmers, Joseph Hayes, William W. Wilson, Reginald Goins., For the reasons state above, Defendants' motions to compel arbitration, (Docs. 64, 67), are GRANTED, and I refer Plaintiffs' claims to arbitration. The case is hereby STAYED pending the completion of arbitration. The parties are directed to submit a joint status letter 120 days from the date of this Opinion & Order, advising me as to the status of arbitration proceedings. The Clerk of the Court is respectfully directed to terminate the pending gavels at Docs. 64 and 67. (Signed by Judge Vernon S. Broderick on 9/6/2023) (rro)
|
|
Filing 96
NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO FRCP 41(a)(1)(A)(i): Pursuant to FRCP 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) DONNA MAGNUSSEN AS THE AS THE EXECUTOR OF THE ESTATE OF RICHARD MAGNUSSEN and/or their counsel(s) hereby give notice that the above-captioned action is voluntarily dismissed without prejudice against all named Defendants. SO ORDERED. Donna Magnussen as the Executor of the Estate of Richard Magnussen terminated. (Signed by Judge Vernon S. Broderick on 4/30/2023) (rro) Modified on 5/1/2023 (rro).
|
|
Filing 95
LETTER addressed to Judge Vernon S. Broderick from Clifford Tucker dated April 28, 2023 re: voluntary dismissal without prejudice. Document filed by Gerard Amitrano, Michael Ashton, Thomas Capriola, Leonard Carlo, Terrence Carr, Terrence Carr, II, Vincent Carrieri, Christopher J. Chapman, Arthur Combs, Leonard Costa, Joseph Distasi, Matthew Dundie, Robert Eliseo, Jeffrey Good, N. William Good, Thomas Legotte, Angel Lopez, Donna Magnussen as the Executor of the Estate of Richard Magnussen, Stephen Martin, Miguel Mieles, George Murn, Steven Nieves, Terence J. Poletti, Nick Purcell, Kirk Rodriguez, Abrahan Rosario, Steven Weidler..(Tucker, Clifford)
|
|
Filing 94
ORDER granting #93 Letter Motion for Extension of Time to File. APPLICATION GRANTED. SO ORDERED.. (Signed by Judge Vernon S. Broderick on 4/10/2023) (kv)
|
|
Filing 93
LETTER MOTION for Extension of Time to File letter motion to extend time to file cheeks submission Re Donna Magnussen as the Executor of the Estate of Richard Magnussen addressed to Judge Vernon S. Broderick from Clifford Tucker dated April 7, 2023. Document filed by Gerard Amitrano, Michael Ashton, Thomas Capriola, Leonard Carlo, Terrence Carr, Terrence Carr, II, Vincent Carrieri, Christopher J. Chapman, Arthur Combs, Leonard Costa, Joseph Distasi, Matthew Dundie, Robert Eliseo, Jeffrey Good, N. William Good, Thomas Legotte, Angel Lopez, Donna Magnussen as the Executor of the Estate of Richard Magnussen, Stephen Martin, Meryl Walder as the Executor of the Estate of Alan Walder, Miguel Mieles, George Murn, Steven Nieves, Terence J. Poletti, Nick Purcell, Kirk Rodriguez, Abrahan Rosario, Walter Schmitt, Steven Weidler..(Tucker, Clifford)
|
|
Filing 92
THIRD AMENDED COMPLAINT amending #35 Amended Complaint,,,, against Scott Allmers, Reginald Goins, Joseph Hayes, Harold Honickman, Jeffrey Honickman, Joseph Klingler, Pepsi-Cola Bottling Company Of New York, Inc., William W. Wilson with JURY DEMAND.Document filed by George Murn, Vincent Carrieri, Michael Ashton, Leonard Costa, Terrence Carr, Terence J. Poletti, Donna Magnussen as the Executor of the Estate of Richard Magnussen, Kirk Rodriguez, Nick Purcell, Meryl Walder as the Executor of the Estate of Alan Walder, Miguel Mieles, Angel Lopez, Gerard Amitrano, Abrahan Rosario, Stephen Martin, Thomas Capriola, Robert Eliseo, Jeffrey Good, Terrence Carr, II, Matthew Dundie, Arthur Combs, Leonard Carlo, Christopher J. Chapman, Thomas Legotte, Steven Weidler, Steven Nieves, N. William Good, Joseph Distasi. Related document: #35 Amended Complaint,,,,. (Attachments: #1 Exhibit A- Demand for List of Shareholders, #2 Exhibit B-Notice of Intention to Enforce Shareholders, #3 Exhibit C-Signed Consent to Sue Forms).(Tucker, Clifford)
|
|
Filing 91
ORDER terminating #87 Motion to Expedite. Therefore, it is hereby: ORDERED that within thirty (30) days of this Order the parties notify the Court whether the Defendant and Plaintiff Magnussen have reached a settlement agreement. It is further ordered that, if the parties have reached an agreement, the parties provide the terms of the settlement in order to ensure that, in compliance with the FLSA, they are fair and reflect a reasonable compromise of disputed issues. IT IS FURTHER ORDERED that, along with the terms of the settlement, the parties shall provide this court with a joint letter of no more than five (5) pages explaining why they believe the settlement reflects a fair and reasonable compromise of disputed issues. Such letter should include, but need not be limited to, information concerning the five (5) factors identified in Beckert. IT IS FURTHER ORDERED that, if the agreement includes a provision for attorney's fees, the parties submit evidence providing a factual basis for the attorneys fees award. Such basis should include "contemporaneous billing records documenting, for each attorney, the date, the hours expended, and the nature of the work done." Lopez v. Nights of Cabiria, LLC, No. 14cv1274 (LAK), 2015 WL 1455689, at *7 (S.D.N.Y. March 30, 2015). The Clerk of the Court is respectfully directed to terminate the pending gavel at Doc. 87. SO ORDERED.. (Signed by Judge Vernon S. Broderick on 3/9/2023) (kv)
|
|
Filing 90
ORDER: granting #55 Motion to Amend/Correct #55 FIRST MOTION to Amend/Correct #35 Amended Complaint Plaintiff's Notice of Motion to Amend the Second Amended Complaint and File a Third Amended Complaint. I find that it is most efficient and in the interest of justice to allow Plaintiffs' claims to be determined on the merits and to consider Defendants' motion to dismiss in light of the facts as alleged in the third amended complaint. Accordingly, Plaintiffs' request for leave to amend their complaint and enter the third amended complaint is GRANTED. The Clerk of the Court is respectfully directed to terminate the pending gavel at Doc. 55. SO ORDERED.. (Signed by Judge Vernon S. Broderick on 3/09/2023) (ama)
|
|
***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Clifford Tucker. RE-FILE Document No. #89 Notice of Voluntary Dismissal. The filing is deficient for the following reason(s): the individual party/parties whom the voluntary dismissal is against was/were not selected. Re-file the document using the event type Notice of Voluntary Dismissal found under the event list Notices - select the correct individual filer/filers - select the correct individual party/parties the voluntary dismissal is against - and attach the correct signed PDF. (tp)
|
|
Filing 89
FILING ERROR - DEFICIENT DOCKET ENTRY FILED AGAINST PARTY ERROR - NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) All Defendants. Document filed by Donna Magnussen as the Executor of the Estate of Richard Magnussen. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Tucker, Clifford) Modified on 3/7/2023 (tp).
|
|
Filing 88
FILING ERROR - DEFICIENT DOCKET ENTRY FILED AGAINST PARTY ERROR - NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Donna Magnussen as the Executor of the Estate of Richard Magnussen. Document filed by Donna Magnussen as the Executor of the Estate of Richard Magnussen. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Tucker, Clifford) Modified on 2/16/2023 (tp).
|
|
***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Clifford Tucker. RE-FILE Document No. #86 Notice of Voluntary Dismissal. The filing is deficient for the following reason(s): the individual party/parties whom the voluntary dismissal is against was/were not selected. Re-file the document using the event type Notice of Voluntary Dismissal found under the event list Notices - select the correct individual filer/filers - select the correct individual party/parties the voluntary dismissal is against - and attach the correct signed PDF. (tp)
|
|
***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Clifford Tucker. RE-FILE Document No. #88 Notice of Voluntary Dismissal. The filing is deficient for the following reason(s): the wrong party/parties whom the voluntary dismissal is against was/were selected. Re-file the document using the event type Notice of Voluntary Dismissal found under the event list Notices - select the correct individual filer/filers - select the correct individual party/parties the voluntary dismissal is against - and attach the correct signed PDF. (tp)
|
|
Filing 87
LETTER MOTION to Expedite Re: notice of voluntary dismissal of claims by the Magnussens addressed to Judge Vernon S. Broderick from Clifford Tucker dated February 13, 2023. Document filed by Donna Magnussen as the Executor of the Estate of Richard Magnussen..(Tucker, Clifford)
|
|
Filing 86
FILING ERROR - DEFICIENT DOCKET ENTRY FILED AGAINST PARTY ERROR - NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) All Defendants. Document filed by Donna Magnussen as the Executor of the Estate of Richard Magnussen. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Tucker, Clifford) Modified on 2/16/2023 (tp).
|
|
Filing 85
MEMO ENDORSEMENT on NOTICE OF MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF WALTER SCHMITT: granting #82 Motion to Withdraw as Attorney. ENDORSEMENT: Application Granted. SO ORDERED. Attorney Patricia Rose Lynch and Clifford Ryan Tucker terminated. (Signed by Judge Vernon S. Broderick on 12/19/2022) (ama)
|
|
Filing 84
NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(i): Pursuant to F.R.C.P. 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) WALTER SCHMITT and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) all named defendants. All claims by Plaintiff Walter Schmitt against all defendants in this matter are dismissed. SO ORDERED. Walter Schmitt (on behalf of themselves and all others similarly situated) terminated. (Signed by Judge Vernon S. Broderick on 12/19/2022) (ate)
|
|
Filing 83
DECLARATION of Clifford Tucker in Support re: #82 MOTION for Clifford Tucker to Withdraw as Attorney for Plaintiff Walter Schmitt.. Document filed by Gerard Amitrano, Michael Ashton, Thomas Capriola, Leonard Carlo, Terrence Carr, Terrence Carr, II, Vincent Carrieri, Christopher J. Chapman, Arthur Combs, Leonard Costa, Joseph Distasi, Matthew Dundie, Robert Eliseo, Jeffrey Good, N. William Good, Thomas Legotte, Angel Lopez, Stephen Martin, Meryl Walder as the Executor of the Estate of Alan Walder, Miguel Mieles, George Murn, Steven Nieves, Terence J. Poletti, Nick Purcell, Kirk Rodriguez, Abrahan Rosario, Walter Schmitt, Steven Weidler..(Tucker, Clifford)
|
|
Filing 82
MOTION for Clifford Tucker to Withdraw as Attorney for Plaintiff Walter Schmitt. Document filed by Gerard Amitrano, Michael Ashton, Thomas Capriola, Leonard Carlo, Terrence Carr, Terrence Carr, II, Vincent Carrieri, Christopher J. Chapman, Arthur Combs, Leonard Costa, Joseph Distasi, Matthew Dundie, Robert Eliseo, Jeffrey Good, N. William Good, Thomas Legotte, Angel Lopez, Stephen Martin, Meryl Walder as the Executor of the Estate of Alan Walder, Miguel Mieles, George Murn, Steven Nieves, Terence J. Poletti, Nick Purcell, Kirk Rodriguez, Abrahan Rosario, Walter Schmitt, Steven Weidler..(Tucker, Clifford)
|
|
Filing 81
REPLY MEMORANDUM OF LAW in Support re: #64 MOTION to Compel Arbitration as to 17 Plaintiffs, and for a Stay of Proceedings Pursuant to the Federal Arbitration Act, 9 U.S.C. 1 ET SEQ. . Document filed by Scott Allmers, Reginald Goins, Joseph Hayes, Harold Honickman, Jeffrey Honickman, Joseph Klingler, Pepsi-Cola Bottling Company Of New York, Inc., William W. Wilson..(Brady, Patrick)
|
|
Filing 80
REPLY MEMORANDUM OF LAW in Support re: #67 MOTION to Compel Arbitration Pursuant to the Fedearl Arbitration Act, 9 U.S.C. 1 ET SEQ. as to 11 Plaintiffs and for a Stay of Proceedings. . Document filed by Scott Allmers, Reginald Goins, Joseph Hayes, Harold Honickman, Jeffrey Honickman, Joseph Klingler, Pepsi-Cola Bottling Company Of New York, Inc., William W. Wilson..(Brady, Patrick)
|
|
Filing 79
ORDER denying #78 Letter Motion for Leave to File Document. APPLICATION DENIED SO ORDERED. Defendants have not yet filed any replies. Plaintiffs may renew their motion, if necessary, after replies are filed. (Signed by Judge Vernon S. Broderick on 12/9/2022) (jca)
|
|
Filing 78
LETTER MOTION for Leave to File Sur-Reply addressed to Judge Vernon S. Broderick from Clifford Tucker dated December 8, 2022. Document filed by Gerard Amitrano, Michael Ashton, Thomas Capriola, Leonard Carlo, Terrence Carr, Terrence Carr, II, Vincent Carrieri, Christopher J. Chapman, Arthur Combs, Leonard Costa, Joseph Distasi, Matthew Dundie, Robert Eliseo, Jeffrey Good, N. William Good, Thomas Legotte, Angel Lopez, Stephen Martin, Meryl Walder as the Executor of the Estate of Alan Walder, Miguel Mieles, George Murn, Steven Nieves, Terence J. Poletti, Nick Purcell, Kirk Rodriguez, Abrahan Rosario, Walter Schmitt, Steven Weidler..(Tucker, Clifford)
|
|
Filing 77
ORDER granting #76 Letter Motion for Leave to File Excess Pages. APPLICATION GRANTED SO ORDERED. (Signed by Judge Vernon S. Broderick on 12/8/2022) (jca)
|
|
Filing 76
LETTER MOTION for Leave to File Excess Pages addressed to Judge Vernon S. Broderick from Patrick G. Brady dated 12/7/2022. Document filed by Scott Allmers, Reginald Goins, Joseph Hayes, Harold Honickman, Jeffrey Honickman, Joseph Klingler, Pepsi-Cola Bottling Company Of New York, Inc., William W. Wilson..(Brady, Patrick)
|
|
Filing 75
MEMORANDUM OF LAW in Opposition re: #67 MOTION to Compel Arbitration Pursuant to the Fedearl Arbitration Act, 9 U.S.C. 1 ET SEQ. as to 11 Plaintiffs and for a Stay of Proceedings. Memorandum of Law in Opposition to Defendants' Motion to compel arbitation at ECF No. 67-68. Document filed by Gerard Amitrano, Michael Ashton, Thomas Capriola, Leonard Carlo, Terrence Carr, Terrence Carr, II, Vincent Carrieri, Christopher J. Chapman, Arthur Combs, Leonard Costa, Joseph Distasi, Matthew Dundie, Robert Eliseo, Jeffrey Good, N. William Good, Thomas Legotte, Angel Lopez, Stephen Martin, Meryl Walder as the Executor of the Estate of Alan Walder, Miguel Mieles, George Murn, Steven Nieves, Terence J. Poletti, Nick Purcell, Kirk Rodriguez, Abrahan Rosario, Walter Schmitt, Steven Weidler. (Attachments: #1 Exhibit Ex. A - Complaint. ECF No. 1 and 19, #2 Exhibit Ex. B - order granting amendment. ECF No. 32, #3 Exhibit Ex. C - Second Amended Complaint. ECF No. 35, #4 Exhibit Ex. D - Defense mediation letter. ECF No. 40, #5 Exhibit Ex. E - NoM under FRCP 12b6. ECF No. 42 - 43, #6 Exhibit Ex. F - PL No of Cross Mtn and memo of law in opp and to amend. ECF No. 55 - 56, #7 Exhibit Ex. G. - Defts Memo in Opp to Cross Motion. ECF No. 59, #8 Exhibit Ex. H - PL Reply. ECF No. 63, #9 Exhibit Ex. I - MEMO OF LAW in Opposition to Defense motion ECF No. 64 and 65 [re old K] D3).(Tucker, Clifford)
|
|
Filing 74
MEMORANDUM OF LAW in Opposition re: #64 MOTION to Compel Arbitration as to 17 Plaintiffs, and for a Stay of Proceedings Pursuant to the Federal Arbitration Act, 9 U.S.C. 1 ET SEQ. Plaintiffs' Memorandum of Law In Opposition to Defendants' Motion to compel arbitration at ECF No. 64-65. Document filed by Gerard Amitrano, Michael Ashton, Thomas Capriola, Leonard Carlo, Terrence Carr, Terrence Carr, II, Vincent Carrieri, Christopher J. Chapman, Arthur Combs, Leonard Costa, Joseph Distasi, Matthew Dundie, Robert Eliseo, Jeffrey Good, N. William Good, Thomas Legotte, Angel Lopez, Stephen Martin, Meryl Walder as the Executor of the Estate of Alan Walder, Miguel Mieles, George Murn, Steven Nieves, Terence J. Poletti, Nick Purcell, Kirk Rodriguez, Abrahan Rosario, Walter Schmitt, Steven Weidler. (Attachments: #1 Exhibit Ex. A - Complaint. ECF No. 1 and 19, #2 Exhibit Ex. B - order granting amendment. ECF No. 32, #3 Exhibit Ex. C - Second Amended Complaint. ECF No. 35, #4 Exhibit Ex. D - Defense mediation letter. ECF No. 40, #5 Exhibit Ex. E - NoM under FRCP 12b6. ECF No. 42 - 43, #6 Exhibit Ex. F - PL No of Cross Mtn and memo of law in opp and to amend. ECF No. 55 - 56, #7 Exhibit Ex. G. - Defts Memo in Opp to Cross Motion. ECF No. 59, #8 Exhibit Ex. H - PL Reply. ECF No. 63).(Tucker, Clifford)
|
|
Filing 73
ORDER: granting #72 Letter Motion for Extension of Time to File Response/Reply re #72 LETTER MOTION for Extension of Time to File Response/Reply as to #64 MOTION to Compel Arbitration as to 17 Plaintiffs, and for a Stay of Proceedings Pursuant to the Federal Arbitration Act, 9 U.S.C. 1 ET SEQ, #67 MOTION Responses due by 11/28/2022 Replies due by 12/12/2022. Application Granted. SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/18/2022) (ama)
|
|
Filing 72
LETTER MOTION for Extension of Time to File Response/Reply as to #64 MOTION to Compel Arbitration as to 17 Plaintiffs, and for a Stay of Proceedings Pursuant to the Federal Arbitration Act, 9 U.S.C. 1 ET SEQ., #67 MOTION to Compel Arbitration Pursuant to the Fedearl Arbitration Act, 9 U.S.C. 1 ET SEQ. as to 11 Plaintiffs and for a Stay of Proceedings., #65 Memorandum of Law in Support of Motion, #71 Order on Motion for Extension of Time to File Response/Reply, #66 Declaration in Support of Motion,,,,,, #69 Declaration in Support of Motion,,,,,,,,, #68 Memorandum of Law in Support of Motion, requesting extension of time to file Oppositions and Replies to Defendants 2 motions (ECF No. 64-69) addressed to Judge Vernon S. Broderick from Clifford Tucker dated October 17, 2022. Document filed by Gerard Amitrano, Michael Ashton, Thomas Capriola, Leonard Carlo, Terrence Carr, Terrence Carr, II, Vincent Carrieri, Christopher J. Chapman, Arthur Combs, Leonard Costa, Joseph Distasi, Matthew Dundie, Robert Eliseo, Jeffrey Good, N. William Good, Thomas Legotte, Angel Lopez, Stephen Martin, Meryl Walder as the Executor of the Estate of Alan Walder, Miguel Mieles, George Murn, Steven Nieves, Terence J. Poletti, Nick Purcell, Kirk Rodriguez, Abrahan Rosario, Walter Schmitt, Steven Weidler..(Tucker, Clifford)
|
|
Filing 71
ORDER granting #70 Letter Motion for Extension of Time to File Response/Reply re #70 LETTER MOTION for Extension of Time to File Response/Reply as to #64 MOTION to Compel Arbitration as to 17 Plaintiffs, and for a Stay of Proceedings Pursuant to the Federal Arbitration Act, 9 U.S.C. 1 ET SEQ. APPLICATION GRANTED. SO ORDERED. Responses due by 10/23/2022. Replies due by 11/7/2022. (Signed by Judge Vernon S. Broderick on 9/21/2022) (ate)
|
|
Filing 70
LETTER MOTION for Extension of Time to File Response/Reply as to #64 MOTION to Compel Arbitration as to 17 Plaintiffs, and for a Stay of Proceedings Pursuant to the Federal Arbitration Act, 9 U.S.C. 1 ET SEQ., #67 MOTION to Compel Arbitration Pursuant to the Fedearl Arbitration Act, 9 U.S.C. 1 ET SEQ. as to 11 Plaintiffs and for a Stay of Proceedings., #65 Memorandum of Law in Support of Motion, #66 Declaration in Support of Motion,,,,,, #69 Declaration in Support of Motion,,,,,,,,, #68 Memorandum of Law in Support of Motion, addressed to Judge Vernon S. Broderick from Clifford Tucker dated September 20, 2022. Document filed by Gerard Amitrano, Michael Ashton, Thomas Capriola, Leonard Carlo, Terrence Carr, Terrence Carr, II, Vincent Carrieri, Christopher J. Chapman, Arthur Combs, Leonard Costa, Joseph Distasi, Matthew Dundie, Robert Eliseo, Jeffrey Good, N. William Good, Thomas Legotte, Angel Lopez, Stephen Martin, Meryl Walder as the Executor of the Estate of Alan Walder, Miguel Mieles, George Murn, Steven Nieves, Terence J. Poletti, Nick Purcell, Kirk Rodriguez, Abrahan Rosario, Walter Schmitt, Steven Weidler..(Tucker, Clifford)
|
|
Filing 69
DECLARATION of Andrew Grabois in Support re: #67 MOTION to Compel Arbitration Pursuant to the Fedearl Arbitration Act, 9 U.S.C. 1 ET SEQ. as to 11 Plaintiffs and for a Stay of Proceedings.. Document filed by Scott Allmers, Reginald Goins, Joseph Hayes, Harold Honickman, Jeffrey Honickman, Joseph Klingler, Pepsi-Cola Bottling Company Of New York, Inc., William W. Wilson. (Attachments: #1 Exhibit 1 - Blue Sky Previous Distributor Agreement, #2 Exhibit 2 - Prince Bev Schedule 2002, #3 Exhibit 3 - J. Wild Schedule 2002, #4 Exhibit 4 - Letta, Didit, KJL Schedule 2002, #5 Exhibit 5 - Blue Sky 2008 Agreement, #6 Exhibit 6 - Malex Beverage, Inc. - Previous Distributor Agreement, #7 Exhibit 7 - Malex Beverage, Inc. - Current Distributor Agreement, #8 Exhibit 8 - Prince Beverage - Previous Distributor Agreement, #9 Exhibit 9 - Prince Beverage - Transfer and shareholder change, #10 Exhibit 10 - Prince Beverage - Current Distributor Agreement, #11 Exhibit 11 - Blue Sky Beverage - Current Distributor Agreement, #12 Exhibit 12 - Gabriel Beverage - Previous Agreement, #13 Exhibit 13 - Gabriel Beverage - Current Distributor Agreement, #14 Exhibit 14 - Didit Beverage, Inc. - Previous Distributor Agreement, #15 Exhibit 15 - Didit Beverage, Inc. - Current Distributor Agreement, #16 Exhibit 16 - J. Wild Beverage Corp. - Previous Distributor Agreement, #17 Exhibit 17 - J. Wild Beverage Corp. - Current Distributor Agreement, #18 Exhibit 18 - V.D.C. Distributors Inc. - Previous Distributor Agreement, #19 Exhibit 19 - V.D.C. Distributors Inc. - Current Distributor Agreement, #20 Exhibit 20 - AL Beverage - Previous Distributor Agreement, #21 Exhibit 21 - AL Beverage - Current Distributor Agreement, #22 Exhibit 22 - Duke Beverage, Inc. - Previous Distributor Agreement, #23 Exhibit 23 - Duke Beverage, Inc. - Current Distributor Agreement, #24 Exhibit 24 - Letta Beverage Distributor, Inc. - Previous Distributor Agreement, #25 Exhibit 25 - Letta Beverage Distributor, Inc. - Current Distributor Agreement, #26 Exhibit 26 - KJL Distributor Inc. - Previous Distributor Agreement, #27 Exhibit 27 - KJL Distributor Inc. - Current Distributor Agreement).(Brady, Patrick)
|
|
Filing 68
MEMORANDUM OF LAW in Support re: #67 MOTION to Compel Arbitration Pursuant to the Fedearl Arbitration Act, 9 U.S.C. 1 ET SEQ. as to 11 Plaintiffs and for a Stay of Proceedings. . Document filed by Scott Allmers, Reginald Goins, Joseph Hayes, Harold Honickman, Jeffrey Honickman, Joseph Klingler, Pepsi-Cola Bottling Company Of New York, Inc., William W. Wilson..(Brady, Patrick)
|
|
Filing 67
MOTION to Compel Arbitration Pursuant to the Fedearl Arbitration Act, 9 U.S.C. 1 ET SEQ. as to 11 Plaintiffs and for a Stay of Proceedings. Document filed by Scott Allmers, Reginald Goins, Joseph Hayes, Harold Honickman, Jeffrey Honickman, Joseph Klingler, Pepsi-Cola Bottling Company Of New York, Inc., William W. Wilson..(Brady, Patrick)
|
|
Filing 66
DECLARATION of Andrews Grabois in Support re: #64 MOTION to Compel Arbitration as to 17 Plaintiffs, and for a Stay of Proceedings Pursuant to the Federal Arbitration Act, 9 U.S.C. 1 ET SEQ.. Document filed by Scott Allmers, Reginald Goins, Joseph Hayes, Harold Honickman, Jeffrey Honickman, Joseph Klingler, Pepsi-Cola Bottling Company Of New York, Inc., William W. Wilson. (Attachments: #1 Exhibit 1 - Murn TRM Bev complete distributor agreement, #2 Exhibit 2 - Poletti Combs Brooklyn Heights Distributor Agreement, #3 Exhibit 3 - Roleo Bev Costa Distributor Agreement, #4 Exhibit 4 - Roleo Costa 2003 Truck Agreement, #5 Exhibit 5 - Chapman Chris John Distributor Agreement, #6 Exhibit 6 - Nieves Madera Distributor Agreement, #7 Exhibit 7 - Rodriguez Next Level Distributor Agreement, #8 Exhibit 8 - Dundie M&M Bev Distributor Agreement, #9 Exhibit 9 - Good TKO Distributor Agreement, #10 Exhibit 10 - Jeffrey Good stock transfer, #11 Exhibit 11 - Purcell Distributor Agreement, #12 Exhibit 12 - Lopez OKJ Distributor Agreement, #13 Exhibit 13 - Amitrano G&N Distributor Agreement, #14 Exhibit 14 - Capriola G&M Distributor Agreement, #15 Exhibit 15 - Capriola stock transfer, #16 Exhibit 16 - Capriola 2013 Amended Territory Agreement, #17 Exhibit 17 - Capriola 2003 Truck Agreement, #18 Exhibit 18 - Carr Rebecca Distributor Agreement, #19 Exhibit 19 - Territory agreement signed by Carr and Carr II, #20 Exhibit 20 - Terrence Carr II shares, #21 Exhibit 21 - Walder LTL Distributor Agreement).(Brady, Patrick)
|
|
Filing 65
MEMORANDUM OF LAW in Support re: #64 MOTION to Compel Arbitration as to 17 Plaintiffs, and for a Stay of Proceedings Pursuant to the Federal Arbitration Act, 9 U.S.C. 1 ET SEQ. . Document filed by Scott Allmers, Reginald Goins, Joseph Hayes, Harold Honickman, Jeffrey Honickman, Joseph Klingler, Pepsi-Cola Bottling Company Of New York, Inc., William W. Wilson..(Brady, Patrick)
|
|
Filing 64
MOTION to Compel Arbitration as to 17 Plaintiffs, and for a Stay of Proceedings Pursuant to the Federal Arbitration Act, 9 U.S.C. 1 ET SEQ. Document filed by Scott Allmers, Reginald Goins, Joseph Hayes, Harold Honickman, Jeffrey Honickman, Joseph Klingler, Pepsi-Cola Bottling Company Of New York, Inc., William W. Wilson..(Brady, Patrick)
|
|
Filing 63
REPLY MEMORANDUM OF LAW in Support re: #55 FIRST MOTION to Amend/Correct #35 Amended Complaint,,,, Plaintiff's Notice of Motion to Amend the Second Amended Complaint and File a Third Amended Complaint., #61 FIRST LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Vernon S. Broderick from Patricia R. Lynch dated March 2, 2022. . Document filed by Gerard Amitrano, Michael Ashton, Thomas Capriola, Leonard Carlo, Terrence Carr, Terrence Carr, II, Vincent Carrieri, Christopher J. Chapman, Arthur Combs, Leonard Costa, Joseph Distasi, Matthew Dundie, Robert Eliseo, Jeffrey Good, N. William Good, Thomas Legotte, Angel Lopez, Stephen Martin, Meryl Walder as the Executor of the Estate of Alan Walder, Miguel Mieles, George Murn, Steven Nieves, Terence J. Poletti, Nick Purcell, Kirk Rodriguez, Abrahan Rosario, Walter Schmitt, Steven Weidler..(Tucker, Clifford)
|
|
Filing 62
ORDER granting #61 Letter Motion for Extension of Time to File Response/Reply re #61 FIRST LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Vernon S. Broderick from Patricia R. Lynch dated March 2, 2022. APPLICATION GRANTED. SO ORDERED. Replies due by 3/18/2022.. (Signed by Judge Vernon S. Broderick on 3/3/2022) (kv)
|
|
Filing 61
FIRST LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Vernon S. Broderick from Patricia R. Lynch dated March 2, 2022. Document filed by Gerard Amitrano, Michael Ashton, Thomas Capriola, Leonard Carlo, Terrence Carr, Terrence Carr, II, Vincent Carrieri, Christopher J. Chapman, Arthur Combs, Leonard Costa, Joseph Distasi, Matthew Dundie, Robert Eliseo, Jeffrey Good, N. William Good, Thomas Legotte, Angel Lopez, Stephen Martin, Meryl Walder as the Executor of the Estate of Alan Walder, Miguel Mieles, George Murn, Steven Nieves, Terence J. Poletti, Nick Purcell, Kirk Rodriguez, Abrahan Rosario, Walter Schmitt, Steven Weidler..(Lynch, Patricia)
|
|
Filing 60
NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Scott Allmers, Reginald Goins, Joseph Hayes, Harold Honickman, Jeffrey Honickman, Joseph Klingler, Pepsi-Cola Bottling Company Of New York, Inc., William W. Wilson. Document filed by Walter Schmitt. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Lynch, Patricia)
|
|
Filing 59
MEMORANDUM OF LAW in Opposition re: #55 FIRST MOTION to Amend/Correct #35 Amended Complaint,,,, Plaintiff's Notice of Motion to Amend the Second Amended Complaint and File a Third Amended Complaint. . Document filed by Scott Allmers, Reginald Goins, Joseph Hayes, Harold Honickman, Jeffrey Honickman, Joseph Klingler, Pepsi-Cola Bottling Company Of New York, Inc., William W. Wilson..(Brady, Patrick)
|
|
Filing 58
REPLY MEMORANDUM OF LAW in Support re: #42 MOTION to Dismiss Second Amended Complaint and to Strike. . Document filed by Scott Allmers, Reginald Goins, Joseph Hayes, Harold Honickman, Jeffrey Honickman, Joseph Klingler, Pepsi-Cola Bottling Company Of New York, Inc., William W. Wilson..(Brady, Patrick)
|
|
***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #60 Notice of Voluntary Dismissal, was reviewed and referred to Judge Vernon S. Broderick for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal in a Fair Labor Standards Act (FLSA) case. (tp)
|
|
***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Patricia Lynch. RE-FILE Document No. #57 Notice of Voluntary Dismissal. The filing is deficient for the following reason(s): the individual party/parties whom the voluntary dismissal is against was/were not selected. Re-file the document using the event type Notice of Voluntary Dismissal found under the event list Notices - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. (tp)
|
|
Filing 57
FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) All Defendants. Document filed by Walter Schmitt. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Lynch, Patricia) Modified on 2/24/2022 (tp).
|
|
Filing 56
MEMORANDUM OF LAW in Opposition re: #55 FIRST MOTION to Amend/Correct #35 Amended Complaint,,,, Plaintiff's Notice of Motion to Amend the Second Amended Complaint and File a Third Amended Complaint., #42 MOTION to Dismiss Second Amended Complaint and to Strike. Plaintiff's Memorandum of Law in Support of Motion to Amend the Second Amended Complaint and File a Third Amended Complaint, and Opposition to Defendants' Motion to Dismiss. Document filed by Gerard Amitrano, Michael Ashton, Thomas Capriola, Leonard Carlo, Terrence Carr, Terrence Carr, II, Vincent Carrieri, Christopher J. Chapman, Arthur Combs, Leonard Costa, Joseph Distasi, Matthew Dundie, Robert Eliseo, Jeffrey Good, N. William Good, Thomas Legotte, Angel Lopez, Stephen Martin, Meryl Walder as the Executor of the Estate of Alan Walder, Miguel Mieles, George Murn, Steven Nieves, Terence J. Poletti, Nick Purcell, Kirk Rodriguez, Abrahan Rosario, Walter Schmitt, Steven Weidler. (Attachments: #1 Exhibit A - Proposed Third Amended Complaint, #2 Exhibit B - Marked Changes to Operative Complaint, #3 Text of Proposed Order Proposed Order, #4 Letter Requesting Oral Argument).(Lynch, Patricia)
|
|
Filing 55
FIRST MOTION to Amend/Correct #35 Amended Complaint,,,, Plaintiff's Notice of Motion to Amend the Second Amended Complaint and File a Third Amended Complaint. Document filed by Gerard Amitrano, Michael Ashton, Thomas Capriola, Leonard Carlo, Terrence Carr, Terrence Carr, II, Vincent Carrieri, Christopher J. Chapman, Arthur Combs, Leonard Costa, Joseph Distasi, Matthew Dundie, Robert Eliseo, Jeffrey Good, N. William Good, Thomas Legotte, Angel Lopez, Stephen Martin, Meryl Walder as the Executor of the Estate of Alan Walder, Miguel Mieles, George Murn, Steven Nieves, Terence J. Poletti, Nick Purcell, Kirk Rodriguez, Abrahan Rosario, Walter Schmitt, Steven Weidler..(Lynch, Patricia)
|
|
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Patricia Lynch to RE-FILE Document #54 FIRST MOTION to Amend/Correct #43 Memorandum of Law in Support of Motion, #42 MOTION to Dismiss Second Amended Complaint and to Strike. Plaintiff's Motion to Amend the Second Amended Complaint and File a Third Amended Complain. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (Supporting Documents are found under the Event Type - Replies, Opposition and Supporting Documents; Rule 56.1 Statement is found under Other Answers). Proposed Order(s) and/or Certificate of Service(s) can be filed with the Motion. (kj)
|
|
Filing 54
FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Amend/Correct #43 Memorandum of Law in Support of Motion, #42 MOTION to Dismiss Second Amended Complaint and to Strike. Plaintiff's Motion to Amend the Second Amended Complaint and File a Third Amended Complaint, and Opposition to Defendants' Motion to Dismiss. Document filed by Gerard Amitrano, Michael Ashton, Thomas Capriola, Leonard Carlo, Terrence Carr, Terrence Carr, II, Vincent Carrieri, Christopher J. Chapman, Arthur Combs, Leonard Costa, Joseph Distasi, Matthew Dundie, Robert Eliseo, Jeffrey Good, N. William Good, Thomas Legotte, Angel Lopez, Stephen Martin, Meryl Walder as the Executor of the Estate of Alan Walder, Miguel Mieles, George Murn, Steven Nieves, Terence J. Poletti, Nick Purcell, Kirk Rodriguez, Abrahan Rosario, Walter Schmitt, Steven Weidler. (Attachments: #1 Memorandum of Law in Support of Motion to Amend and in Opposition to Motion to Dismiss, #2 Exhibit A - Proposed Third Amended Complaint, #3 Exhibit B- Marked up Operative Complaint, #4 Notice of Voluntary Dismissal as to Walter Schmitt, #5 Letter Requesting Oral Argument, #6 Text of Proposed Order Proposed Order).(Lynch, Patricia) Modified on 2/22/2022 (kj).
|
|
Filing 53
ORDER granting in part and denying in part #52 Letter Motion for Extension of Time. Application granted in part and denied in part. Word processing software such as Microsoft Word often has a function that allows users to generate a redline between two documents automatically. If counsel does not have access to such software, Plaintiffs' request to submit a Proposed Third Amended Complaint without a redline is GRANTED. Plaintiffs' request, in the alternative, for a 14-day extension is DENIED. SO ORDERED.. (Signed by Judge Vernon S. Broderick on 2/11/2022) (kv)
|
|
Filing 52
LETTER MOTION for Extension of Time to file a redline showing changes to the operative Complaint if required addressed to Judge Vernon S. Broderick from Clifford Tucker dated February 10, 2022. Document filed by Gerard Amitrano, Michael Ashton, Thomas Capriola, Leonard Carlo, Terrence Carr, Terrence Carr, II, Vincent Carrieri, Christopher J. Chapman, Arthur Combs, Leonard Costa, Joseph Distasi, Matthew Dundie, Robert Eliseo, Jeffrey Good, N. William Good, Thomas Legotte, Angel Lopez, Stephen Martin, Meryl Walder as the Executor of the Estate of Alan Walder, Miguel Mieles, George Murn, Steven Nieves, Terence J. Poletti, Nick Purcell, Kirk Rodriguez, Abrahan Rosario, Walter Schmitt, Steven Weidler..(Tucker, Clifford)
|
|
Filing 51
ORDER granting in part and denying in part #49 Letter Motion for Leave to File Document. Application granted in part and denied in part. Defendants' overlength memorandum of law was 27 pages. (See Doc. 43 (memorandum of law); Doc. 39 (order granting Defendants' letter motion for leave to file excess pages).) Accordingly, the portion of Plaintiffs' memorandum of law addressing Defendants' motion shall not exceed twenty-seven (27) pages, and the portion of Plaintiffs' memorandum addressing Plaintiffs' cross-motion for leave to file a Third Amended Complaint shall not exceed fifteen (15) pages, exclusive of tables of contents and authorities. In addition, Plaintiffs must file a copy of their proposed amended complaint and a markup to show the revisions/additions as compared to the operative complaint. SO ORDERED. (Signed by Judge Vernon S. Broderick on 2/10/2022) (tg)
|
|
Filing 50
MOTION for Leave to File Excess Pages . Document filed by Gerard Amitrano, Michael Ashton, Thomas Capriola, Leonard Carlo, Terrence Carr, Terrence Carr, II, Vincent Carrieri, Christopher J. Chapman, Arthur Combs, Leonard Costa, Joseph Distasi, Matthew Dundie, Robert Eliseo, Jeffrey Good, N. William Good, Thomas Legotte, Angel Lopez, Stephen Martin, Meryl Walder as the Executor of the Estate of Alan Walder, Miguel Mieles, George Murn, Steven Nieves, Terence J. Poletti, Nick Purcell, Kirk Rodriguez, Abrahan Rosario, Walter Schmitt, Steven Weidler..(Tucker, Clifford)
|
|
Filing 49
MOTION for Leave to File Third Amended Complaint . Document filed by Gerard Amitrano, Michael Ashton, Thomas Capriola, Leonard Carlo, Terrence Carr, Terrence Carr, II, Vincent Carrieri, Christopher J. Chapman, Arthur Combs, Leonard Costa, Joseph Distasi, Matthew Dundie, Robert Eliseo, Jeffrey Good, N. William Good, Thomas Legotte, Angel Lopez, Stephen Martin, Meryl Walder as the Executor of the Estate of Alan Walder, Miguel Mieles, George Murn, Steven Nieves, Terence J. Poletti, Nick Purcell, Kirk Rodriguez, Abrahan Rosario, Walter Schmitt, Steven Weidler..(Tucker, Clifford)
|
|
Set/Reset Deadlines: Motions due by 2/11/2022. Responses due by 2/25/2022 Replies due by 2/25/2022. (ama)
|
|
Filing 48
ORDER: granting #47 Letter Motion for Extension of Time to File Response/Reply re #47 SECOND LETTER MOTION for Extension of Time to File Response/Reply. addressed to Judge Vernon S. Broderick from Patricia R. Lynch dated January 12, 2022. Application Granted. Plaintiffs are advised that further extensions are unlikely to be granted, barring extraordinary circumstances. The Court wishes Mr. Tucker a full and speedy recovery. SO ORDERED. Motions due by: 2/11/2022. Responses due by 2/25/2022 Replies due by 2/25/2022. (Signed by Judge Vernon S. Broderick on 1/13/2022) (ama) Modified on 1/20/2022 (ama).
|
|
Filing 47
SECOND LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Vernon S. Broderick from Patricia R. Lynch dated January 12, 2022. Document filed by Gerard Amitrano, Michael Ashton, Thomas Capriola, Leonard Carlo, Terrence Carr, Terrence Carr, II, Vincent Carrieri, Christopher J. Chapman, Arthur Combs, Leonard Costa, Joseph Distasi, Matthew Dundie, Robert Eliseo, Jeffrey Good, N. William Good, Thomas Legotte, Angel Lopez, Stephen Martin, Meryl Walder as the Executor of the Estate of Alan Walder, Miguel Mieles, George Murn, Steven Nieves, Terence J. Poletti, Nick Purcell, Kirk Rodriguez, Abrahan Rosario, Walter Schmitt, Steven Weidler..(Lynch, Patricia)
|
|
Filing 46
ORDER granting #45 Letter Motion for Extension of Time. APPLICATION GRANTED. SO ORDERED.. (Signed by Judge Vernon S. Broderick on 12/16/2021) (kv)
|
|
Set/Reset Deadlines: Motions due by 1/17/2022. Responses due by 1/31/2022 Replies due by 1/31/2022. (kv)
|
|
Filing 45
FIRST LETTER MOTION for Extension of Time to submit the Opposition to Defendants motion, a motion for leave to amend the Complaint and a Proposed Amended Complaint. addressed to Judge Vernon S. Broderick from Clifford Tucker dated December 15, 2021. Document filed by Gerard Amitrano, Michael Ashton, Thomas Capriola, Leonard Carlo, Terrence Carr, Terrence Carr, II, Vincent Carrieri, Christopher J. Chapman, Arthur Combs, Leonard Costa, Joseph Distasi, Matthew Dundie, Robert Eliseo, Jeffrey Good, N. William Good, Thomas Legotte, Angel Lopez, Stephen Martin, Meryl Walder as the Executor of the Estate of Alan Walder, Miguel Mieles, George Murn, Steven Nieves, Terence J. Poletti, Nick Purcell, Kirk Rodriguez, Abrahan Rosario, Walter Schmitt, Steven Weidler..(Tucker, Clifford)
|
|
Filing 43
MEMORANDUM OF LAW in Support re: #42 MOTION to Dismiss Second Amended Complaint and to Strike. . Document filed by Scott Allmers, Reginald Goins, Joseph Hayes, Harold Honickman, Jeffrey Honickman, Joseph Klingler, Pepsi-Cola Bottling Company Of New York, Inc., William W. Wilson..(Brady, Patrick)
|
|
Filing 42
MOTION to Dismiss Second Amended Complaint and to Strike. Document filed by Scott Allmers, Reginald Goins, Joseph Hayes, Harold Honickman, Jeffrey Honickman, Joseph Klingler, Pepsi-Cola Bottling Company Of New York, Inc., William W. Wilson. (Attachments: #1 Text of Proposed Order, #2 Cert of Service).(Brady, Patrick)
|
|
Filing 41
MEMO ENDORSEMENT on re: #40 Letter, filed by Joseph Hayes, Joseph Klingler, William W. Wilson, Pepsi-Cola Bottling Company Of New York, Inc., Jeffrey Honickman, Harold Honickman, Reginald Goins, Scott Allmers. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 11/29/2021) (vfr) Transmission to Mediation Clerk for processing.
|
|
Filing 40
LETTER addressed to Judge Vernon S. Broderick from Patrick G. Brady dated November 26, 2021 re: Defendants requests removal from mediation. Document filed by Scott Allmers, Reginald Goins, Joseph Hayes, Harold Honickman, Jeffrey Honickman, Joseph Klingler, Pepsi-Cola Bottling Company Of New York, Inc., William W. Wilson..(Brady, Patrick)
|
|
Filing 39
ORDER granting #38 Letter Motion for Leave to File Excess Pages. APPLICATION GRANTED. SO ORDERED.. (Signed by Judge Vernon S. Broderick on 11/24/2021) (kv)
|
|
Filing 38
LETTER MOTION for Leave to File Excess Pages /overlength Memorandum of Law addressed to Judge Vernon S. Broderick from Patrick G. Brady dated November 23, 2021. Document filed by Scott Allmers, Reginald Goins, Joseph Hayes, Harold Honickman, Jeffrey Honickman, Joseph Klingler, Pepsi-Cola Bottling Company Of New York, Inc., William W. Wilson..(Brady, Patrick)
|
|
Filing 37
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pepsi-Cola Bottling Company Of New York, Inc...(Brady, Patrick)
|
|
NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 12/22/2021.(ah)
|
|
Filing 36
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 11/29/2021. (Signed by Judge Vernon S. Broderick on 12/10/2019) (jpt)
|
|
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Clifford Ryan Tucker. The party information for the following party/parties has been modified: George Murn, Vincent Carrieri, Walter Schmitt, Terrence Carr, Kirk Rodriguez, Nick Purcell, Meryl Walder as the Executor of the Estate of Alan Walder, Miguel Mieles, Angel Lopez, Gerard Amitrano, Abrahan Rosario, Stephen Martin, Thomas Capriola, Robert Eliseo, Jeffrey Good, Terrence Carr, II, Matthew Dundie, Leonard Carlo, Thomas Legotte, Steven Weidler, N. William Good, Joseph Distasi. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf)
|
|
Filing 35
SECOND AMENDED COMPLAINT amending #30 Amended Complaint, #19 Amended Complaint against Scott Allmers, Reginald Goins, Joseph Hayes, Harold Honickman, Jeffrey Honickman, Joseph Klingler, Pepsi-Cola Bottling Company Of New York, Inc., William W. Wilson with JURY DEMAND.Document filed by George Murn, Vincent Carrieri, Michael Ashton, Walter Schmitt, Leonard Costa, Terrence Carr, Terence J. Poletti, Kirk Rodriguez, Nick Purcell, Meryl Walder as the Executor of the Estate of Alan Walder, Miguel Mieles, Angel Lopez, Gerard Amitrano, Abrahan Rosario, Stephen Martin, Thomas Capriola, Robert Eliseo, Jeffrey Good, Terrence Carr, II, Matthew Dundie, Arthur Combs, Leonard Carlo, Christopher J. Chapman, Thomas Legotte, Steven Weidler, Steven Nieves, N. William Good, Joseph Distasi. Related document: #30 Amended Complaint,,,,. (Attachments: #1 Exhibit Notice of Intention to Enforce Shareholder Liability for Services Rendered, #2 Exhibit Demand by Employee to Inspect Share Records and Minutes Pursuant to Section 624 of the New York State Business Corporate Law, #3 Exhibit Consent to Sue).(Tucker, Clifford) Modified on 11/17/2021 (vf).
|
|
Filing 34
NOTICE OF APPEARANCE by James Joseph Sawczyn on behalf of Scott Allmers, Reginald Goins, Joseph Hayes, Harold Honickman, Jeffrey Honickman, Joseph Klingler, Pepsi-Cola Bottling Company Of New York, Inc., William W. Wilson..(Sawczyn, James)
|
|
Filing 33
NOTICE OF APPEARANCE by Patrick G. Brady on behalf of Scott Allmers, Reginald Goins, Joseph Hayes, Harold Honickman, Jeffrey Honickman, Joseph Klingler, Pepsi-Cola Bottling Company Of New York, Inc., William W. Wilson..(Brady, Patrick)
|
|
Filing 32
ORDER granting #31 Letter Motion for Leave to File Document. APPLICATION GRANTED. SO ORDERED.. (Signed by Judge Vernon S. Broderick on 11/16/2021) (kv)
|
|
Filing 31
FIRST LETTER MOTION for Leave to File Second Amended Complaint addressed to Judge Vernon S. Broderick from Plaintiffs' counsel, Clifford Tucker and Patricia Lynch dated November 12, 2021. Document filed by Gerard Amitrano, Michael Ashton, Thomas Capriola, Leonard Carlo, Terrence Carr, Terrence Carr, II, Vincent Carrieri, Christopher J. Chapman, Arthur Combs, Leonard Costa, Joseph Distasi, Matthew Dundie, Robert Eliseo, Jeffrey Good, N. William Good, Thomas Legotte, Angel Lopez, Stephen Martin, Meryl Walder as the Executor of the Estate of Alan Walder, Miguel Mieles, George Murn, Steven Nieves, Terence J. Poletti, Nick Purcell, Kirk Rodriguez, Abrahan Rosario, Walter Schmitt, Steven Weidler. (Attachments: #1 Exhibit).(Tucker, Clifford)
|
|
Filing 30
FILING ERROR - DEFICIENT PLEADING - PDF ERROR - SECOND AMENDED COMPLAINT amending #29 Amended Complaint,,, against Scott Allmers, Reginald Goins, Joseph Hayes, Harold Honickman, Jeffrey Honickman, Joseph Klingler, Pepsi-Cola Bottling Company Of New York, Inc., William W. Wilson with JURY DEMAND.Document filed by George Murn, Vincent Carrieri, Michael Ashton, Walter Schmitt, Leonard Costa, Terrence Carr, Terence J. Poletti, Kirk Rodriguez, Nick Purcell, Meryl Walder as the Executor of the Estate of Alan Walder, Miguel Mieles, Angel Lopez, Gerard Amitrano, Abrahan Rosario, Stephen Martin, Thomas Capriola, Robert Eliseo, Jeffrey Good, Terrence Carr, II, Matthew Dundie, Arthur Combs, Leonard Carlo, Christopher J. Chapman, Thomas Legotte, Steven Weidler, Steven Nieves, N. William Good, Joseph Distasi. Related document: #29 Amended Complaint,,,. (Attachments: #1 Exhibit Notice of Intention to Enforce Shareholder Liability for Services Rendered, #2 Exhibit Demand by Employee to Inspect Share Records and Minutes Pursuant to Section 624 of the New York State Business Corporate Law, #3 Exhibit Consent to Sue).(Tucker, Clifford) Modified on 11/3/2021 (pc).
|
|
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Clifford Ryan Tucker to RE-FILE re: Document No. #30 Amended Complaint,,,,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; Court's leave has not been granted Caption title reads "Amended Complaint". 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. (pc)
|
|
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Clifford Ryan Tucker to RE-FILE re: Document No. #29 Amended Complaint. The filing is deficient for the following reason(s): the wrong event type was used to file the pleading; the Amended Complaint at Doc. 19 has already been accepted by the Court; Court's leave has not been 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 29
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST AMENDED COMPLAINT amending #19 Amended Complaint, against Scott Allmers, Reginald Goins, Joseph Hayes, Harold Honickman, Jeffrey Honickman, Joseph Klingler, Pepsi-Cola Bottling Company Of New York, Inc., William W. Wilson with JURY DEMAND.Document filed by Michael Ashton, Leonard Costa, Terence J. Poletti, Arthur Combs, Christopher J. Chapman, Steven Nieves, Joseph Distasi, Thomas Legotte, Stephen Martin, Miguel Mieles, N. William Good, Terrence Carr, Robert Eliseo, Leonard Carlo, Kirk Rodriguez, George Murn, Walter Schmitt, Thomas Capriola, Terrence Carr, II, Angel Lopez, Steven Weidler, Vincent Carrieri, Nick Purcell, Jeffrey Good, Gerard Amitrano, Meryl Walder as the Executor of the Estate of Alan Walder, Matthew Dundie, Abrahan Rosario. Related document: #19 Amended Complaint,..(Tucker, Clifford) Modified on 11/2/2021 (jgo).
|
|
Filing 28
WAIVER OF SERVICE RETURNED EXECUTED. William W. Wilson waiver sent on 9/17/2021, answer due 11/16/2021. Document filed by Arthur Combs; Christopher J. Chapman; Michael Ashton; Leonard Costa; Steven Nieves; Terence J. Poletti; Joseph Distasi..(Tucker, Clifford)
|
|
Filing 27
WAIVER OF SERVICE RETURNED EXECUTED. Scott Allmers waiver sent on 9/17/2021, answer due 11/16/2021. Document filed by Arthur Combs; Christopher J. Chapman; Michael Ashton; Leonard Costa; Steven Nieves; Terence J. Poletti; Joseph Distasi..(Tucker, Clifford)
|
|
Filing 26
WAIVER OF SERVICE RETURNED EXECUTED. Reginald Goins waiver sent on 9/17/2021, answer due 11/16/2021. Document filed by Arthur Combs; Christopher J. Chapman; Michael Ashton; Leonard Costa; Steven Nieves; Terence J. Poletti; Joseph Distasi..(Tucker, Clifford)
|
|
Filing 25
WAIVER OF SERVICE RETURNED EXECUTED. Pepsi-Cola Bottling Company Of New York, Inc. waiver sent on 9/17/2021, answer due 11/16/2021. Document filed by Arthur Combs; Christopher J. Chapman; Michael Ashton; Leonard Costa; Steven Nieves; Terence J. Poletti; Joseph Distasi..(Tucker, Clifford)
|
|
Filing 24
WAIVER OF SERVICE RETURNED EXECUTED. Joseph Klingler waiver sent on 9/17/2021, answer due 11/16/2021. Document filed by Arthur Combs; Christopher J. Chapman; Michael Ashton; Leonard Costa; Steven Nieves; Terence J. Poletti; Joseph Distasi..(Tucker, Clifford)
|
|
Filing 23
WAIVER OF SERVICE RETURNED EXECUTED. Joseph Hayes waiver sent on 9/17/2021, answer due 11/16/2021. Document filed by Arthur Combs; Christopher J. Chapman; Michael Ashton; Leonard Costa; Steven Nieves; Terence J. Poletti; Joseph Distasi..(Tucker, Clifford)
|
|
Filing 22
WAIVER OF SERVICE RETURNED EXECUTED. Jeffrey Honickman waiver sent on 9/17/2021, answer due 11/16/2021. Document filed by Arthur Combs; Christopher J. Chapman; Michael Ashton; Leonard Costa; Steven Nieves; Terence J. Poletti; Joseph Distasi..(Tucker, Clifford)
|
|
Filing 21
WAIVER OF SERVICE RETURNED EXECUTED. Harold Honickman waiver sent on 9/17/2021, answer due 11/16/2021. Document filed by Arthur Combs; Christopher J. Chapman; Michael Ashton; Leonard Costa; Steven Nieves; Terence J. Poletti; Joseph Distasi..(Tucker, Clifford)
|
|
Filing 20
CIVIL COVER SHEET filed..(Lynch, Patricia)
|
|
Filing 19
AMENDED COMPLAINT amending #1 Complaint, against Scott Allmers, Reginald Goins, Joseph Hayes, Harold Honickman, Jeffrey Honickman, Joseph Klingler, Pepsi-Cola Bottling Company Of New York, Inc., William W. Wilson with JURY DEMAND.Document filed by Arthur Combs, Christopher J. Chapman, Michael Ashton, Leonard Costa, Steven Nieves, Terence J. Poletti, Joseph Distasi. Related document: #1 Complaint,..(Lynch, Patricia)
|
|
Filing 18
ELECTRONIC SUMMONS ISSUED as to Joseph Hayes. (vf)
|
|
Filing 17
ELECTRONIC SUMMONS ISSUED as to Scott Allmers. (vf)
|
|
Filing 16
ELECTRONIC SUMMONS ISSUED as to Joseph Klingler. (vf)
|
|
Filing 15
ELECTRONIC SUMMONS ISSUED as to Jeffrey Honickman. (vf)
|
|
Filing 14
ELECTRONIC SUMMONS ISSUED as to Harold Honickman. (vf)
|
|
Filing 13
ELECTRONIC SUMMONS ISSUED as to William W. Wilson. (vf)
|
|
Filing 12
ELECTRONIC SUMMONS ISSUED as to Reginald Goins. (vf)
|
|
Filing 11
ELECTRONIC SUMMONS ISSUED as to Pepsi-Cola Bottling Company Of New York, Inc.. (vf)
|
|
Filing 10
NOTICE OF APPEARANCE by Patricia Rose Lynch on behalf of Michael Ashton, Christopher J. Chapman, Arthur Combs, Leonard Costa, Joseph Distasi, Steven Nieves, Terence J. Poletti..(Lynch, Patricia)
|
|
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Clifford Ryan Tucker to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): Signature Error; signature of the ECF Filing Attorney user not provided on pleading; and the All Defendant radio button was 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. (vf)
|
|
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Patricia Rose Lynch. The party information for the following party/parties has been modified: Arthur Combs, Christopher J. Chapman, Michael Ashton, Leonard Costa, Steven Nieves, Terence J. Poletti, Joseph Distasi. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf)
|
|
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Clifford Ryan Tucker to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the wrong event type was used to file the civil cover sheet; the civil cover sheet is filed as a separate event not as an attachment. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (vf)
|
|
Case Designated ECF. (vf)
|
|
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..(vf)
|
|
Magistrate Judge Robert W. Lehrburger 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)
|
|
Filing 9
REQUEST FOR ISSUANCE OF SUMMONS as to Joseph Hayes, re: #1 Complaint,. Document filed by Michael Ashton, Christopher J. Chapman, Arthur Combs, Leonard Costa, Joseph Distasi, Steven Nieves, Terence J. Poletti..(Tucker, Clifford)
|
|
Filing 8
REQUEST FOR ISSUANCE OF SUMMONS as to Scott Allmers, re: #1 Complaint,. Document filed by Michael Ashton, Christopher J. Chapman, Arthur Combs, Leonard Costa, Joseph Distasi, Steven Nieves, Terence J. Poletti..(Tucker, Clifford)
|
|
Filing 7
REQUEST FOR ISSUANCE OF SUMMONS as to Joseph Klingler, re: #1 Complaint,. Document filed by Michael Ashton, Christopher J. Chapman, Arthur Combs, Leonard Costa, Joseph Distasi, Steven Nieves, Terence J. Poletti..(Tucker, Clifford)
|
|
Filing 6
REQUEST FOR ISSUANCE OF SUMMONS as to Jeffrey Honickman, re: #1 Complaint,. Document filed by Michael Ashton, Christopher J. Chapman, Arthur Combs, Leonard Costa, Joseph Distasi, Steven Nieves, Terence J. Poletti..(Tucker, Clifford)
|
|
Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to Harold Honickman, re: #1 Complaint,. Document filed by Michael Ashton, Christopher J. Chapman, Arthur Combs, Leonard Costa, Joseph Distasi, Steven Nieves, Terence J. Poletti..(Tucker, Clifford)
|
|
Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to William W. Wilson, re: #1 Complaint,. Document filed by Michael Ashton, Christopher J. Chapman, Arthur Combs, Leonard Costa, Joseph Distasi, Steven Nieves, Terence J. Poletti..(Tucker, Clifford)
|
|
Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Reginald Goins, re: #1 Complaint,. Document filed by Michael Ashton, Christopher J. Chapman, Arthur Combs, Leonard Costa, Joseph Distasi, Steven Nieves, Terence J. Poletti..(Tucker, Clifford)
|
|
Filing 2
REQUEST FOR ISSUANCE OF SUMMONS as to Pepsi-Cola Bottling Company of New York, Inc., re: #1 Complaint,. Document filed by Michael Ashton, Christopher J. Chapman, Arthur Combs, Leonard Costa, Joseph Distasi, Steven Nieves, Terence J. Poletti..(Tucker, Clifford)
|
|
Filing 1
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - COMPLAINT against All Defendants. (Filing Fee $ 402.00, Receipt Number ANYSDC-25047626)Document filed by Arthur Combs, Christopher J. Chapman, Michael Ashton, Leonard Costa, Steven Nieves, Terence J. Poletti, Joseph Distasi. (Attachments: #1 Civil Cover Sheet).(Tucker, Clifford) Modified on 9/13/2021 (vf).
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
