Oneal v. Hartz Hotel Services, Inc. et al
| Natalie Oneal |
| Hartz Hotel Services, Inc., Tribeca Grand Hotel, Inc. doing business as The Roxy Hotel, Soho Grand Hotel, Inc. doing business as Soho Grand Hotel and Constantino Milano |
| 1:2022cv00159 |
| January 7, 2022 |
| US District Court for the Southern District of New York |
| Lewis J Liman |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 7, 2022. A more recent docket listing may be available from PACER.
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| Filing 23 NOTICE OF DISMISSAL PURSUANT TO 41(a)(1)(A)(i): PLEASE TAKE NOTICE that the claims of Plaintiff, NATALIE ONEAL, are hereby dismissed without prejudice in their entirety as against the Defendants pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), without costs or attorneys' fees to any party. Upon federal jurisdiction objections raised by Defendants, Plaintiff dismisses this matter with the intent of pursuing her claims in State Court. Soho Grand Hotel, Inc., Tribeca Grand Hotel, Inc., Hartz Hotel Services, Inc. and Constantino Milano terminated. (Signed by Judge Lewis J. Liman on 3/7/2022) (vfr) |
| Filing 22 LETTER addressed to Judge Lewis J. Liman from C.K. Lee dated March 7, 2022 re: Court's Order Entered on March 4, 2022. Document filed by Natalie Oneal..(Lee, C.K.) |
Filing 21
ORDER. In this action involving a claim under the Fair Labor Standards Act, Plaintiff has filed a notice of voluntary dismissal without prejudice pursuant to Federal Rule of Civil procedure 41(a)(1)(A)(i). Dkt. No. 20. Although such a notice ordinarily does not require court approval, the Second Circuit held in Samake v. Thunder Lube, Inc., 24 F.4th 804, 809-11 (2d Cir. 2022), that its decision in Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), extends to all dismissals under Rule 41(a)(1)(A). Therefore, the Court retains limited jurisdiction to conduct a Cheeks review. Samake, 24 F.4th at 809. Accordingly, it is hereby ORDERED that, by March 8, 2022, Plaintiff must file a letter on the docket informing the Court if there has been a settlement in this matter. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (kc)
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| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #20 Notice of Voluntary Dismissal,, was reviewed and referred to Judge Lewis J. Liman for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal in a Fair Labor Standards Act (FLSA) case;. (nd) |
| Filing 20 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) Hartz Hotel Services, Inc., Constantino Milano, Soho Grand Hotel, Inc., Tribeca Grand Hotel, Inc.. Document filed by Natalie Oneal. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Lee, C.K.) |
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Filing 19
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference by telephone set for 4/6/2022 at 4:30 PM before Judge Lewis J. Liman. Parties are directed to dial into the Court's teleconference number at 888-251-2909, Access Code 2123101, and follow the necessary prompts. SO ORDERED. (Signed by Judge Lewis J. Liman on 2/28/2022) (vfr)
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Filing 18
ORDER granting #17 Letter Motion for Extension of Time to Answer re #17 SECOND LETTER MOTION for Extension of Time to File Answer addressed to Judge Lewis J. Liman from Jeffrey W. Brecher dated 2/25/2022.. All Defendants (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis)
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| Filing 17 SECOND LETTER MOTION for Extension of Time to File Answer addressed to Judge Lewis J. Liman from Jeffrey W. Brecher dated 2/25/2022. Document filed by Hartz Hotel Services, Inc., Constantino Milano, Soho Grand Hotel, Inc., Tribeca Grand Hotel, Inc...(Brecher, Jeffrey) |
| Filing 16 NOTICE OF APPEARANCE by Jeffrey W. Brecher on behalf of Hartz Hotel Services, Inc., Constantino Milano, Soho Grand Hotel, Inc., Tribeca Grand Hotel, Inc...(Brecher, Jeffrey) |
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Filing 15
ORDER granting #14 Letter Motion for Extension of Time to Answer re #14 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Lewis J. Liman from Jeffrey W. Brecher, Esq. dated February 4, 2002.. All Defendants (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis)
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| Filing 14 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Lewis J. Liman from Jeffrey W. Brecher, Esq. dated February 4, 2002. Document filed by Hartz Hotel Services, Inc., Constantino Milano, Soho Grand Hotel, Inc., Tribeca Grand Hotel, Inc.. Return Date set for 3/2/2022 at 05:00 PM. (Attachments: #1 Exhibit).(Brecher, Jeffrey) |
| Filing 13 SUMMONS RETURNED EXECUTED. Hartz Hotel Services, Inc. served on 1/19/2022, answer due 2/9/2022. Document filed by Natalie Oneal..(Lee, C.K.) |
| Filing 12 SUMMONS RETURNED EXECUTED. Constantino Milano served on 1/18/2022, answer due 2/8/2022. Document filed by Natalie Oneal..(Lee, C.K.) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Constantino Milano. (vf) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Constantino Milano, re: #1 Complaint. Document filed by Natalie Oneal..(Lee, C.K.) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Soho Grand Hotel, Inc...(pc) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Hartz Hotel Services, Inc...(pc) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Tribeca Grand Hotel, Inc...(pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney C.K. Lee. The party information for the following party/parties has been modified: Natalie Oneal. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) |
| Magistrate Judge James L. Cott is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis J. Liman. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) |
| Case Designated ECF. (pc) |
| Filing 6 CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Natalie Oneal..(Lee, C.K.) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Soho Grand Hotel, Inc., re: #1 Complaint. Document filed by Natalie Oneal..(Lee, C.K.) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Tribeca Grand Hotel, Inc., re: #1 Complaint. Document filed by Natalie Oneal..(Lee, C.K.) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Hartz Hotel Services, Inc., re: #1 Complaint. Document filed by Natalie Oneal..(Lee, C.K.) |
| Filing 2 CIVIL COVER SHEET filed. (Attachments: #1 Rider).(Lee, C.K.) |
| Filing 1 COMPLAINT against Hartz Hotel Services, Inc., Constantino Milano, Soho Grand Hotel, Inc., Tribeca Grand Hotel, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25555993)Document filed by Natalie Oneal..(Lee, C.K.) |
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