Shaw v. Hornblower Cruises & Events, LLC
| Clyve Shaw and Kenardro Press |
| HORNBLOWER CRUISES & EVENTS, LLC |
| 1:2021cv10408 |
| December 6, 2021 |
| US District Court for the Southern District of New York |
| Victor Marrero |
| Ona T Wang |
| Labor: Other |
| 29 U.S.C. § 2101 Worker Adjustment and Retraining Notification Act |
| Plaintiff |
Docket Report
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Filing 98
DECISION AND ORDER For the reasons stated above, it is hereby ORDERED that the motion (Dkt. No. 64) of defendant Hornblower Cruises, LLC ("Defendant") to partially dismiss the Third Amended Complaint (Dkt. No. 61) filed by Plaintiffs Clyve Shaw and Kenardro Press (collectively, "Plaintiffs") pursuant to Rule 12(b)(6) and Rule 12(b)(2) of the Federal Rules of Civil Procedure is DENIED in its entirety; and it is further ORDERED that Defendant is directed to file an Answer within twenty-one (21) days of the date of this Decision and Order; and it is further ORDERED that the case management conference currently scheduled for June 2, 2023 is adjourned; and it is further ORDERED that the parties shall file a joint letter, not to exceed three (3) pages, updating the Court on the status of mediation and discovery within seven (7) days of the date of this Decision and Order. SO ORDERED. (Signed by Judge Victor Marrero on 5/31/2023) (jca)
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Filing 97
ORDER granting #96 Letter Motion to Stay re: #96 JOINT LETTER MOTION to Stay re: #92 Order on Motion to Stay,, The Parties Jointly Request that The Court Extend The Stay on Discovery Through July 7, 2023 and Extend the Discovery Deadline Through September 29, 2023 While the Parties Prepare. The parties' motion to extend the stay is GRANTED. (ECF 96). The stay on discovery is hereby extended from May 19, 2023, to July 7, 2023. The deadline to complete depositions is extended from August 11, 2023, to September 29, 2023. The Court notes that the Honorable Victor Marrero scheduled a case management conference before him for June 2, 2023. (ECF 45 at 5). Any requests regarding that conference should be made to Judge Marrero. The Clerk of Court is respectfully directed to close ECF 96. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 5/22/2023) (tg)
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Set/Reset Deadlines: Deposition due by 9/29/2023. (tg)
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Filing 96
JOINT LETTER MOTION to Stay re: #92 Order on Motion to Stay,, The Parties Jointly Request that The Court Extend The Stay on Discovery Through July 7, 2023 and Extend the Discovery Deadline Through September 29, 2023 While the Parties Prepare for and Attend a Third Mediation that is Confirmed for June 28, 2023 addressed to Magistrate Judge Ona T. Wang from Kevin K. Yam dated May 19, 2023. Document filed by Hornblower Cruises & Events, LLC..(Yam, Kevin)
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Filing 95
MEMO ENDORSEMENT granting #94 MOTION for Hajar Hasani to Withdraw as Attorney. ENDORSEMENT SO ORDERED. Attorney Hajar Hasani terminated. (Signed by Judge Victor Marrero on 4/26/2023) (jca)
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Filing 94
MOTION for Hajar Hasani to Withdraw as Attorney . Document filed by Kenardro Press, Clyve Shaw..(Sweeney, Brendan)
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Filing 93
NOTICE OF APPEARANCE by Nicholas Robert Bittner on behalf of Kenardro Press, Clyve Shaw..(Bittner, Nicholas)
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Filing 92
ORDER granting #91 Letter Motion to Stay re: #91 JOINT LETTER MOTION to Stay re: #75 Order, Set Deadlines/Hearings,,,, (The Parties Jointly Request that the Court Stay Discovery for 45 Days and Extend the Discovery Deadline by 45 Days While the Parties Prepare for and Attend a Second Media. The Court is in receipt of ECF 91. Discovery is STAYED until May 19, 2023. The deadline to complete depositions is extended from June 30, 2023, to August 11, 2023. The Clerk of Court is respectfully directed to close ECF 91. (Signed by Magistrate Judge Ona T. Wang on 4/4/2023) (rro)
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Set/Reset Deadlines: Deposition due by 8/11/2023. (rro)
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Filing 91
JOINT LETTER MOTION to Stay re: #75 Order, Set Deadlines/Hearings,,,, (The Parties Jointly Request that the Court Stay Discovery for 45 Days and Extend the Discovery Deadline by 45 Days While the Parties Prepare for and Attend a Second Mediation that is Confirmed for May 15, 2023) addressed to Magistrate Judge Ona T. Wang from Kevin K. Yam dated March 31, 2023. Document filed by Hornblower Cruises & Events, LLC..(Yam, Kevin)
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Filing 90
ORDER. It is hereby ORDERED that the objection (Dkt. No. 83) to Magistrate Judge Ona T. Wang's January 30, 2023 Order (Dkt. No. 82) filed by defendant Hornblower Cruises, LLC ("Hornblower") is OVERRULED. Hornblower is hereby directed to comply with Magistrate Judge Wang's January 30, 2023 Order requiring Hornblower "to produce the number of people employed at the relevant locations in California before the March 2020 layoffs" (id.); and it is further ORDERED that the objection (Dkt. No. 86) to Magistrate Judge Wang's February 3, 2023 Order (Dkt. No. 85) filed by Hornblower is OVERRULED. SO ORDERED. (Signed by Judge Victor Marrero on 3/2/23) (yv)
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Filing 89
JOINT LETTER addressed to Magistrate Judge Ona T. Wang from Hajar Hasani dated February 27, 2023 re: Joint Status Update. Document filed by Kenardro Press, Clyve Shaw..(Hasani, Hajar)
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Filing 88
MEMORANDUM OF LAW in Opposition re: #86 Objection (non-motion),, #83 Objection (non-motion),, . Document filed by Kenardro Press, Clyve Shaw..(Sweeney, Brendan)
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Filing 87
ORDER On February 5, 2023, defendant Hornblower Cruises & Events, LLC ("Hornblower") filed an objection to Magistrate Judge Ona Wang's February 3, 2023 Order (see Dkt. No. 85) denying Hornblower's request for a stay of discovery. (See Dkt. No. 86.) Plaintiffs are hereby ordered to file their response to Hornblower's objection within seven (7) days of the date of this Order. SO ORDERED. (Signed by Judge Victor Marrero on 2/8/2023) (jca)
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Filing 86
Objection re: #85 Order on Motion to Stay, (Defendant's Objection to Magistrate Judge Wang's February 3, 2023 Order Denying Defendant's Request to Stay A Portion of the January 30, 2023 Order). Document filed by Hornblower Cruises & Events, LLC. (Attachments: #1 Affidavit Declaration of Kevin Yam in Support of Objection to Magistrate Judge Wang's 2.3.2023 Order Denying Stay, #2 Exhibit 1 - Magistrate Judge Wang's 2.3.2023 Order Denying Stay).(Yam, Kevin)
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Filing 85
ORDER denying #84 Letter Motion to Stay re: #84 LETTER MOTION to Stay re: #83 Objection (non-motion),, (Defendant requests a stay of the January 30, 2023 Order, insofar as it requires Defendant to produce California denominators, until a ruling has been issued by Judge Marrero on Defenda. Stay Denied. (Signed by Magistrate Judge Ona T. Wang on 2/3/2023) (rro)
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Filing 84
LETTER MOTION to Stay re: #83 Objection (non-motion),, (Defendant requests a stay of the January 30, 2023 Order, insofar as it requires Defendant to produce California denominators, until a ruling has been issued by Judge Marrero on Defendants objection.) addressed to Magistrate Judge Ona T. Wang from Kevin K. Yam dated February 2, 2023. Document filed by Hornblower Cruises & Events, LLC..(Yam, Kevin)
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Filing 83
Objection re: #82 Order,, (Defendant's Partial Objection to Magistrate Judge Wang's January 30, 2023 Order on Plaintiffs' Motion to Compel). Document filed by Hornblower Cruises & Events, LLC. (Attachments: #1 Affidavit Declaration of Kevin Yam in Support of Defendant's Objection to Magistrate Judge Wang's Order on Plaintiffs' Motion to Compel, #2 Exhibit 1 - Magistrate Judge Wang's January 30, 2023 Order on Plaintiffs' Motion to Compel, #3 Exhibit 2- The Parties' January 27, 2023 Joint Status Letter, Including Parties' Briefing on Defendant's Motion to Dismiss Plaintiffs' Third Amended Complaint).(Yam, Kevin)
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Filing 82
ORDER: The Court is in receipt of ECF 81. Plaintiff's motion is GRANTED in part. Defendant is directed to produce the number of people employed at the relevant locations in California before the March 2020 layoffs. Plaintiff's motion to compel is DENIED in part. Plaintiff's motion for Defendant to produce the census is DENIED as moot, since Defendant has already agreed to produce it. Plaintiff's motion for the Court to order Defendant to search for and produce responsive ESI from custodians Raima McDaniel and Codi Robbins is DENIED without prejudice. (Signed by Magistrate Judge Ona T. Wang on 1/30/2023) (rro)
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Filing 81
JOINT LETTER addressed to Magistrate Judge Ona T. Wang from Brendan Sweeney dated January 27, 2023 re: Case Status. Document filed by Kenardro Press, Clyve Shaw..(Sweeney, Brendan)
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Filing 80
JOINT LETTER addressed to Judge Victor Marrero from Kevin K. Yam dated January 26, 2023 re: the parties' consent to the Court deeming the pre-motion letters as a fully briefed motion and ruling on the basis of the letters (ECF No. 77). Document filed by Hornblower Cruises & Events, LLC..(Yam, Kevin)
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Filing 79
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/4/2023 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....(js)
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Filing 78
TRANSCRIPT of Proceedings re: CONFERENCE held on 1/4/2023 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 2/15/2023. Redacted Transcript Deadline set for 2/27/2023. Release of Transcript Restriction set for 4/25/2023. (js)
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Filing 77
ORDER Upon review of all pre-motion letters, the Court is not persuaded that a pre-motion conference is necessary to resolve the parties dispute. Within seven (7) days of the date of this Order, the parties shall notify the Court whether they consent to the Court deeming the pre-motion letters as a fully briefed motion and ruling on the basis of the letters, or whether the parties request supplemental or full briefing on Hornblowers proposed motion. If the parties request supplemental or full briefing, they shall submit a proposed briefing schedule within seven (7) days of the date of this Order. SO ORDERED. (Signed by Judge Victor Marrero on 1/23/2023) (jca)
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Filing 76
LETTER addressed to Judge Victor Marrero from Shawn Matthew Clark dated 1/20/2023 re: contemplated motion to partially dismiss the Third Amended Complaint. Document filed by Hornblower Cruises & Events, LLC..(Clark, Shawn)
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Filing 75
ORDER REVISING CASE MANAGEMENT PLAN:ORDERED that the deadlines below are incorporated into the September 9, 2022 Case Management Plan Order (ECF No. 45). Absent court approval after a showing of good cause, these deadlines (other than the deadline for completing depositions) will not be extended. These deadlines do not affect or change any other deadlines in the original September 9, 2022 Case Management Plan Order. Complete depositions. (Either party may write to the Court to extendthis deadline if reasonable and/or good-faith reasons exist.): 6/30/2023 and further set forth in this Order. ( Deposition due by 6/30/2023.) (Signed by Magistrate Judge Ona T. Wang on 1/9/2023) (rro)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #74 Proposed Order was reviewed and approved as to form. (km)
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Filing 74
PROPOSED ORDER. Document filed by Kenardro Press, Clyve Shaw..(Hasani, Hajar) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 73
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/14/2022 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....(js)
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Filing 72
TRANSCRIPT of Proceedings re: CONFERENCE held on 9/14/2022 before Magistrate Judge Ona T. Wang. Court Reporter/Transcriber: Marissa Mignano, (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 1/26/2023. Redacted Transcript Deadline set for 2/6/2023. Release of Transcript Restriction set for 4/5/2023..(js)
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Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: Status Conference held on 1/4/2023. (Quinn, Diane)
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Filing 71
ORDER: The Court held a Status Conference on January 4, 2023. (ECF 66). The parties are directed to file a proposed revised Scheduling Order by Friday, January 6, 2023. The parties are directed to file a monthly joint status letter on the last business Friday of each month, beginning January 27, 2023. As discussed at the conference, the parties should include in the upcoming status letter the status of mediation and the status of Defendant's production of either an updated census or WARN notices. (See ECF 62, 63). (Signed by Magistrate Judge Ona T. Wang on 1/4/2023) (rro)
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Filing 70
NOTICE OF APPEARANCE by Vinay Patel on behalf of Hornblower Cruises & Events, LLC..(Patel, Vinay)
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Filing 69
LETTER addressed to Magistrate Judge Ona T. Wang from Brendan Sweeney, Esq. dated January 3, 2023 re: January 4, 2023 Conference. Document filed by Kenardro Press, Clyve Shaw..(Sweeney, Brendan)
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Filing 68
STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge Ona T. Wang on 12/8/2022) (rro)
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Filing 67
PROPOSED STIPULATION AND ORDER. Document filed by Kenardro Press, Clyve Shaw..(Sweeney, Brendan)
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Minute Order Proceedings held before Magistrate Judge Ona T. Wang: Pre-Settlement Conference held on 12/6/2022. (Quinn, Diane)
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Filing 66
ORDER. The Court will hold an in-person Status Conference on January 4, 2023, at 10:30 a.m. in Courtroom 20D, 500 Pearl Street, New York, NY 10007. The parties are directed to file a joint agenda by January 3, 2023. (HEREBY ORDERED by Magistrate Judge Ona T. Wang) (Text Only Order) (jhw)
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Filing 65
LETTER addressed to Judge Victor Marrero from Brendan Sweeney, Esq. dated December 5, 2022 re: Letter in Response to Opposing Counsel. Document filed by Kenardro Press, Clyve Shaw..(Sweeney, Brendan)
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Filing 64
LETTER addressed to Judge Victor Marrero from Shawn Matthew Clark dated November 28, 2022 re: Defendant's anticipated motion to dismiss the Third Amended Complaint.. Document filed by Hornblower Cruises & Events, LLC..(Clark, Shawn)
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Filing 63
LETTER addressed to Magistrate Judge Ona T. Wang from Shawn Matthew Clark dated November 22, 2022 re: response to Plaintiffs' November 17, 2022 letter about discovery. Document filed by Hornblower Cruises & Events, LLC..(Clark, Shawn)
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Filing 62
LETTER addressed to Magistrate Judge Ona T. Wang from Brendan Sweeney dated November 17, 2022 re: Scope of Discovery. Document filed by Kenardro Press, Clyve Shaw..(Sweeney, Brendan)
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Filing 61
THIRD AMENDED COMPLAINT amending #27 Amended Complaint against Hornblower Cruises & Events, LLC with JURY DEMAND.Document filed by Kenardro Press, Clyve Shaw. Related document: #27 Amended Complaint..(Sweeney, Brendan)
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Filing 60
DECISION AND ORDER granting in part and denying in part #37 MOTION to Dismiss the Second Amended Complaint partially or, in the alternative, partially deny class certification on a preemptive basis. For the reasons stated above, it is hereby ORDERED that the motion (Dkt. No. 37) of defendant Hornblower Cruises, LLC (Defendant) to partially dismiss the Second Amended Complaint (Dkt. No. 27) filed by Plaintiffs Clyve Shaw and Kenardro Press (collectively, "Plaintiffs") pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure is GRANTED with leave to amend, and it is further ORDERED that the motion (Dkt. No. 37) filed by Defendant to partially deny class certification on a preemptive basis pursuant to Rule 23(d)(1)(D) of the Federal Rules of Civil Procedure is DENIED. SO ORDERED. (Signed by Judge Victor Marrero on 11/7/2022) (jca)
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Filing 59
ORDER. The Pre-Settlement Scheduling Call scheduled for December 6, 2022, at 10:00 a.m. (ECF 54), is adjourned to December 6, 2022, at 2:00 p.m. The dial in information is (866) 390-1828, access code 1582687. (HEREBY ORDERED by Magistrate Judge Ona T. Wang) (Text Only Order) (jhw)
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Filing 58
LETTER addressed to Magistrate Judge Ona T. Wang from Brendan Sweeney, Esq. dated October 28, 2022 re: Joint Status Letter. Document filed by Kenardro Press, Clyve Shaw..(Sweeney, Brendan)
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Filing 57
LETTER addressed to Magistrate Judge Ona T. Wang from Brendan Sweeney, Esq. dated October 28, 2022 re: Notice of Supplemental Authority Relevant to WARN Act. Document filed by Kenardro Press, Clyve Shaw. (Attachments: #1 Supplement Supplemental Authority).(Sweeney, Brendan)
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Filing 56
LETTER addressed to Judge Victor Marrero from Shawn Matthew Clark dated October 28, 2022 re: response to Plaintiffs' October 18 letter concerning authority related to the pending motion. Document filed by Hornblower Cruises & Events, LLC..(Clark, Shawn)
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Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: Pre-Settlement Conference held on 10/20/2022. (Quinn, Diane)
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Filing 55
JOINT ELECTRONIC DISCOVERY SUBMISSION NO: 1 AND ORDER: One or more of the parties to this litigation have indicated that they believe thatrelevant information may exist or be stored in electronic format, and that this content is potentially responsive to current or anticipated discovery requests. This Joint Submission and [Proposed] Order (and any subsequent ones) shall be the governing document(s) by which the parties and the Court manage the electronic discovery process in this action. The parties and the Court recognize that this Joint Electronic Discovery Submission No. 1 and Order is based on facts and circumstances as they are currently known to each party, that the electronic discovery process is iterative, and that additions and modifications to this Submission may become necessary as more information becomes known to the parties and further set forth in this Order. (Signed by Magistrate Judge Ona T. Wang on 10/20/2022) (rro)
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Filing 54
SCHEDULING ORDER. The Court will hold a telephonic Pre-Settlement Scheduling Call on December 6, 2022, at 10:00 a.m. The dial in information is (866) 390-1828, access code 1582687. (HEREBY ORDERED by Magistrate Judge Ona T. Wang) (Text Only Order) (jhw)
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Filing 53
PROPOSED ORDER. Document filed by Hornblower Cruises & Events, LLC..(Clark, Shawn) Proposed Order to be reviewed by Clerk's Office staff.
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #53 Proposed Order was reviewed and approved as to form. (km)
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Filing 52
LETTER addressed to Judge Victor Marrero from Brendan Sweeney, Esq. dated October 18, 2022 re: Notice of Supplemental Authority Relevant to Pending Motion. Document filed by Kenardro Press, Clyve Shaw. (Attachments: #1 Supplement Supplemental Authority (Relevant to Pending Motion)).(Sweeney, Brendan)
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Filing 51
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/14/2022 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... (js)
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Filing 50
TRANSCRIPT of Proceedings re: CONFERENCE held on 9/14/2022 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 11/3/2022. Redacted Transcript Deadline set for 11/14/2022. Release of Transcript Restriction set for 1/11/2023. (js)
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Filing 49
ORDER granting #48 Letter Motion to Adjourn Conference. The telephonic Pre-Settlement Conference Scheduling Call scheduled for October 11, 2022 (ECF 47) is adjourned to October 20, 2022, at 3:00 p.m. The dial in information is (866) 390-1828, access code 1582687. (HEREBY ORDERED by Magistrate Judge Ona T. Wang)(Text Only Order) (jhw)
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Filing 48
LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Ona T. Wang from Brendan Sweeney, Esq. dated October 5, 2022. Document filed by Kenardro Press, Clyve Shaw..(Sweeney, Brendan)
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Filing 47
SCHEDULING ORDER. The Pre-Settlement Conference Scheduling Call on October 6, 2022, is adjourned to October 11, 2022, at 10:00 a.m. The dial in information is (866) 390-1828, access code 1582687. (HEREBY ORDERED by Magistrate Judge Ona T. Wang) (Text Only Order) (jhw)
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Filing 46
SCHEDULING ORDER: The Court will hold a PreSettlement Conference Scheduling Call on Thursday, October 06, 2022 at 2:30 p.m. The dial in information is (866) 3901828, access code 1582687. Furthermore, the parties are directed to submit a joint status letter on the last Friday of each month beginning October 28, 2022. Telephone Conference set for 10/6/2022 at 02:30 PM before Magistrate Judge Ona T. Wang. (Signed by Magistrate Judge Ona T. Wang on 9/15/2022) (rro)
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Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: Case Management Conference held on 9/14/2022. (Quinn, Diane)
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Filing 45
REPORT OF RULE 26(f) MEETING AND CASE MANAGEMENT PLAN: In accordance with Federal Rule of Civil Procedure 26(f), counsel for the parties spoke on September 6, 2022 and exchanged communications thereafter, and submit the following report of their meeting for the court's consideration: As further set forth by this Order. At this time, the parties do anticipate utilizing experts. The parties have not discussed the possibility of settlement. The parties anticipate that the trial of this case will require 5 days. The parties request a jury trial.Plaintiff's position on #6: Plaintiff disagrees with Defendant's position regarding discovery. Plaintiff's position is that discovery should be permitted, immediately regarding Defendant's decision to: (1) furlough employees in March 2020; (2) send WARN notices to furloughed employees and government officials in August 2020, and (3) make decisions to recall certain employees. Plaintiff's position is that these were centralized corporate decisions that harmed the putative class in a common way. Numerous courts have permitted discovery in WARN Act class actions involving multiple sites of employment, including sites of employment at which the Named Plaintiffs never worked, especially where there is evidence of centralized decision making. See, e.g., Grimes v. Evergreen rec, Vehicles, 2018 WL 1257237 (N.D. Ind.).; Ramcharan v. A.F.L. Quality, Inc., No. 1:12-CV-07551-RMB/AMD, 2014 WL 4388579 (D.N.J. Sept. 5, 2014) on reconsideration in part on other grounds, 2015 WL 4275534 (D.N.J. Apr. 14, 2015); In re Connaught Group, Ltd., 491 B.R. 88 (S.D.N.Y. 2013). The deadlines in the case management plan are accepted. A case management conference is scheduled for 10:00am on June 2, 2023. The Court hereby orders the parties to direct all discovery disputes to the magistrate court, per the Court's July 18 order. SO ORDERED. Amended Pleadings due by 11/14/2022. Deposition due by 5/15/2023. Fact Discovery due by 5/15/2023. Expert Discovery due by 7/14/2023. Case Management Conference set for 6/2/2023 at 10:00 AM before Judge Victor Marrero. Ready for Trial by 9/15/2023. (Signed by Judge Victor Marrero on 9/9/2022) (tg)
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Filing 44
RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Hornblower Cruises & Events, LLC..(Clark, Shawn)
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Filing 43
REPLY MEMORANDUM OF LAW in Support re: #37 MOTION to Dismiss the Second Amended Complaint partially or, in the alternative, partially deny class certification on a preemptive basis. . Document filed by Hornblower Cruises & Events, LLC..(Clark, Shawn)
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Filing 42
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 on Wednesday, September 14, 2022 at 3:00 p.m. in Courtroom 20D, 500 Pearl Street, New York, NY 10007. Initial Conference set for 9/14/2022 at 03:00 PM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ona T. Wang. (Signed by Magistrate Judge Ona T. Wang on 7/26/2022) (rro)
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Filing 41
MEMORANDUM OF LAW in Opposition re: #37 MOTION to Dismiss the Second Amended Complaint partially or, in the alternative, partially deny class certification on a preemptive basis. . Document filed by Kenardro Press, Clyve Shaw..(Sweeney, Brendan)
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Filing 40
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 Ona T. Wang. SO ORDERED. Motions referred to Ona T. Wang. (Signed by Judge Victor Marrero on 7/18/2022) (jca)
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Filing 39
MEMO ENDORSEMENT on re: #36 Letter filed by Kenardro Press, Clyve Shaw. ENDORSEMENT: The Court will refer any disputes regarding Rule 26 to the magistrate court. SO ORDERED. (Signed by Judge Victor Marrero on 7/18/2022) (jca)
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Filing 38
MEMORANDUM OF LAW in Support re: #37 MOTION to Dismiss the Second Amended Complaint partially or, in the alternative, partially deny class certification on a preemptive basis. . Document filed by Hornblower Cruises & Events, LLC..(Clark, Shawn)
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Filing 37
MOTION to Dismiss the Second Amended Complaint partially or, in the alternative, partially deny class certification on a preemptive basis. Document filed by Hornblower Cruises & Events, LLC..(Clark, Shawn)
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Filing 36
LETTER addressed to Judge Victor Marrero from Brendan Sweeney dated July 15, 2022 re: Defendant's anticipated motion to partially dismiss Second Amended Complaint. Document filed by Kenardro Press, Clyve Shaw..(Sweeney, Brendan)
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Filing 35
NOTICE OF APPEARANCE by Daniel L. Thieme on behalf of Hornblower Cruises & Events, LLC..(Thieme, Daniel)
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Filing 34
ORDER denying #33 Letter Motion for Conference re: #33 LETTER MOTION for Conference addressed to Judge Victor Marrero from Brendan Sweeney, Esq. dated June 8, 2022. Upon review of all premotion letters, the Court is not persuaded that a premotion conference or further briefing is necessary to resolve the parties' dispute. In accordance with this Court'sIndividual Practices and Rule 7.1 of the Courts Local Rules, Hornblower may file a motion to dismiss which shall not exceed three pages in length (single spaced, twelve font), unless, upon a party's request, the Court authorizes a larger number. The substance of such motion may not deviate materially from the basis for dismissal that Hornblower stated in its initial premotion letter. In response, within seven (7) days of the filing of the Hornblowers motion, Plaintiffs may file its opposition, which may similarly not exceed three pages (single spaced, twelve font), opposing the motion. Hornblower may file a three-page reply within seven (7) days of the filing of Plaintiff's response. SO ORDERED. (Signed by Judge Victor Marrero on 6/27/2022) (jca)
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Filing 33
LETTER MOTION for Conference addressed to Judge Victor Marrero from Brendan Sweeney, Esq. dated June 8, 2022. Document filed by Kenardro Press, Clyve Shaw. (Attachments: #1 Exhibit Attachment A).(Sweeney, Brendan)
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Filing 32
LETTER addressed to Judge Victor Marrero from Shawn Matthew Clark dated April 29, 2022 re: Defendant's contemplated motion to partially dismiss the Second Amended Complaint or, in the alternative, preemptively deny class certification. Document filed by Hornblower Cruises & Events, LLC..(Clark, Shawn)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Shawn Matthew Clark to RE-FILE Document #30 LETTER MOTION for Conference regarding Defendant's contemplated motion to partially dismiss the Second Amended Complaint or, in the alternative, partially deny class certification on a preemptive basis addressed to Judge Victor Marrero. Use the event type Letter found under the event list Other Documents. (db)
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Filing 31
LETTER addressed to Judge Victor Marrero from Brendan Sweeney dated 05/04/2022 re: Response to Defendant's Letter Motion dated April 29, 2022. Document filed by Kenardro Press, Clyve Shaw..(Sweeney, Brendan)
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Filing 30
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Conference regarding Defendant's contemplated motion to partially dismiss the Second Amended Complaint or, in the alternative, partially deny class certification on a preemptive basis addressed to Judge Victor Marrero from Shawn Matthew Clark dated April 29, 2022. Document filed by Hornblower Cruises & Events, LLC. (Attachments: #1 Exhibit Defendant's February 4 letter, #2 Exhibit Plaintiffs' February 11 letter, #3 Exhibit Defendant's March 21 letter, #4 Exhibit Plaintiffs' March 28 letter, #5 Exhibit Defendant's April 18 letter, #6 Exhibit Plaintiffs' April 22 letter).(Clark, Shawn) Modified on 5/11/2022 (db).
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Filing 29
LETTER addressed to Judge Victor Marrero from Brendan Sweeney dated April 22, 2022 re: opposition to Defendant's anticipated motion to partially dismiss the Second Amended Complaint or, in the alternative, preemptively deny class certification.. Document filed by Kenardro Press, Clyve Shaw..(Sweeney, Brendan)
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Filing 28
LETTER addressed to Judge Victor Marrero from Shawn Matthew Clark dated April 18, 2022 re: Defendant's contemplated motion to partially dismiss the Second Amended Complaint or, in the alternative, preemptively deny class certification. Document filed by Hornblower Cruises & Events, LLC..(Clark, Shawn)
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Filing 27
SECOND AMENDED COMPLAINT amending #22 Amended Complaint against Hornblower Cruises & Events, LLC with JURY DEMAND.Document filed by Kenardro Press, Clyve Shaw. Related document: #22 Amended Complaint..(Sweeney, Brendan)
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Filing 26
ORDER granting #25 Letter Motion for Leave to File Document. Plaintiff's request for leave to amend the First Amended Complaint is granted. SO ORDERED. (Signed by Judge Victor Marrero on 4/1/22) (yv)
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Filing 25
LETTER MOTION for Leave to File Second Amended Complaint addressed to Judge Victor Marrero from Brendan Sweeney dated March 31, 2022. Document filed by Kenardro Press, Clyve Shaw. (Attachments: #1 Redlined First Amended Complaint).(Sweeney, Brendan)
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Filing 24
LETTER addressed to Judge Victor Marrero from Brendan Sweeney dated March 28, 2022 re: Defendant's anticipated motion to dismiss the Amended Complaint.. Document filed by Kenardro Press, Clyve Shaw. (Attachments: #1 Redlined Second Amended Complaint).(Sweeney, Brendan)
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Filing 23
LETTER addressed to Judge Victor Marrero from Shawn Matthew Clark dated March 21, 2022 re: Defendant's anticipated motion to dismiss the Amended Complaint. Document filed by Hornblower Cruises & Events, LLC..(Clark, Shawn)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Brendan M. Sweeney. The party information for the following party/parties has been modified: Kenardro Press. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc)
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Filing 22
FIRST AMENDED COMPLAINT amending #1 Complaint against Hornblower Cruises & Events, LLC with JURY DEMAND.Document filed by Clyve Shaw, Kenardro Press. Related document: #1 Complaint..(Sweeney, Brendan)
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Filing 21
NOTICE OF APPEARANCE by Hajar Hasani on behalf of Clyve Shaw..(Hasani, Hajar)
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Filing 20
FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON-COMPLIANCE -FIRST AMENDED COMPLAINT amending #1 Complaint against Hornblower Cruises & Events, LLC with JURY DEMAND.Document filed by Clyve Shaw. Related document: #1 Complaint..(Sweeney, Brendan) Modified on 2/24/2022 (vf).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Brendan M. Sweeney to RE-FILE re: Document No. #20 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; the wrong filer/filers were selected for the pleading . 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. (vf) Modified on 3/3/2022 (gp).
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Filing 19
LETTER addressed to Judge Victor Marrero from Brendan Sweeney dated 2/11/2022 re: Response to Defendants Letter re Anticipated Motion to Dismiss the Complaint. Document filed by Clyve Shaw. (Attachments: #1 Attachment A_Clean Copy_Amended complaint, #2 Attachment B_Blacklined_Amended complaint (1), #3 Attachment C_Genell Parker Declaration).(Sweeney, Brendan)
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Filing 18
LETTER addressed to Judge Victor Marrero from Shawn Matthew Clark dated February 4, 2022 re: Defendant's anticipated motion to dismiss the complaint. Document filed by Hornblower Cruises & Events, LLC. (Attachments: #1 Exhibit A).(Clark, Shawn)
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Filing 17
ORDER granting #16 Motion for Daniel L. Thieme to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. So Ordered. (Signed by Judge Victor Marrero on 1/31/2022) (js)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #16 MOTION for Daniel L. Thieme to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 16
MOTION for Daniel L. Thieme to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hornblower Cruises & Events, LLC. (Attachments: #1 Text of Proposed Order).(Clark, Shawn)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #15 MOTION for Daniel L. Thieme to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25625718. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from WASHINGTON State Supreme (360-357-2078). Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (aea)
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Filing 15
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Daniel L. Thieme to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25625718. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hornblower Cruises & Events, LLC. (Attachments: #1 Exhibit 1 - Declaration of Daniel Thieme In Support of Motion to Admit Pro Hac Vice).(Clark, Shawn) Modified on 1/25/2022 (aea).
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Filing 14
MEMO ENDORSEMENT on re: #13 Letter filed by Hornblower Cruises & Events, LLC. Request GRANTED. Defendant shall have until February 4, 2022 to answer or otherwise respond to the complaint. Hornblower Cruises & Events, LLC answer due 2/4/2022. (Signed by Judge Victor Marrero on 12/23/2021) (tro)
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Filing 13
LETTER addressed to Judge Victor Marrero from Shawn Matthew Clark dated December 22, 2021 re: Requesting extension of deadline to respond to Complaint. Document filed by Hornblower Cruises & Events, LLC..(Clark, Shawn)
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Filing 12
NOTICE OF APPEARANCE by Kevin K. Yam on behalf of Hornblower Cruises & Events, LLC..(Yam, Kevin)
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Filing 11
NOTICE OF APPEARANCE by Shawn Matthew Clark on behalf of Hornblower Cruises & Events, LLC..(Clark, Shawn)
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Filing 10
NOTICE OF APPEARANCE by Ivie A. Serioux on behalf of Hornblower Cruises & Events, LLC..(Serioux, Ivie)
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Filing 9
SUMMONS RETURNED EXECUTED Summons and Complaint served. Hornblower Cruises & Events, LLC served on 12/15/2021, answer due 1/5/2022. Service was accepted by TRACY GIUMARRA, CLIENT SERVICE SPECIALIST. Document filed by Clyve Shaw..(Sweeney, Brendan)
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Filing 8
NOTICE OF APPEARANCE by Brendan M. Sweeney on behalf of Clyve Shaw..(Sweeney, Brendan)
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Filing 7
ELECTRONIC SUMMONS ISSUED as to Hornblower Cruises & Events, LLC..(pc)
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Filing 6
REQUEST FOR ISSUANCE OF SUMMONS as to Hornblower Cruises & Events, LLC, re: #1 Complaint. Document filed by Clyve Shaw..(Davis, Christopher)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Christopher Quincy Davis to RE-FILE Document No. #5 Request for Issuance of Summons,. The filing is deficient for the following reason(s): Caption title must exactly match complaint caption title. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)
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Filing 5
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Hornblower Cruises & Events, LLC, re: #1 Complaint. Document filed by Clyve Shaw..(Davis, Christopher) Modified on 12/9/2021 (pc).
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Filing 4
NOTICE OF APPEARANCE by Christopher Quincy Davis on behalf of Clyve Shaw..(Davis, Christopher)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Victor Marrero. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)
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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. (jgo)
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Case Designated ECF. (jgo)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Christopher Quincy Davis to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; remove party name listed on the Clerk of Court section;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo)
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Filing 3
FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Hornblower Cruises & Events, LLC, re: #1 Complaint. Document filed by Clyve Shaw..(Davis, Christopher) Modified on 12/7/2021 (jgo).
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Filing 2
CIVIL COVER SHEET filed..(Davis, Christopher)
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Filing 1
COMPLAINT against HORNBLOWER CRUISES & EVENTS, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-25429168)Document filed by Clyve Shaw..(Davis, Christopher)
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