Ginorio v. Kenco Realty Management Corp. et al
| Vimary Ginorio |
| Kenco Realty Management Corp., Kenneth Gerstenfeld, JRG Realty Corp., 1340 Hudson Realty Corp., University Venture Corp., Dakota Holdings LLC and 655 West Associates LLC |
| 1:2022cv00650 |
| January 25, 2022 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| None |
Docket Report
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This docket was last retrieved on March 25, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 24 ANSWER to #19 Amended Complaint,. Document filed by 1340 Hudson Realty Corp., 655 West Associates LLC, Dakota Holdings LLC, Kenneth Gerstenfeld, JRG Realty Corp., Kenco Realty Management Corp., University Venture Corp...(Denenberg, Seth) |
| Filing 23 ELECTRONIC SUMMONS ISSUED as to 1340 Hudson Realty Corp., 655 West Associates LLC, JRG Realty Corp., University Venture Corp...(pc) |
| Filing 22 ELECTRONIC SUMMONS ISSUED as to Dakota Holdings LLC..(pc) |
| Filing 21 REQUEST FOR ISSUANCE OF SUMMONS as to DAKOTA HOLDINGS LLC, re: #19 Amended Complaint,. Document filed by Vimary Ginorio..(Spasojevich, Lawrence) |
| Filing 20 REQUEST FOR ISSUANCE OF SUMMONS as to JRG REALTY CORP., 1340 HUDSON REALTY CORP., 655 WEST ASSOCIATES LLC., and UNIVERSITY VENTURE CORP., re: #19 Amended Complaint,. Document filed by Vimary Ginorio..(Spasojevich, Lawrence) |
| Filing 19 FIRST AMENDED COMPLAINT amending #1 Complaint against Kenneth Gerstenfeld, Kenco Realty Management Corp., JRG Realty Corp., 1340 Hudson Realty Corp., University Venture Corp., Dakota Holdings LLC, 655 West Associates LLC.Document filed by Vimary Ginorio. Related document: #1 Complaint..(Spasojevich, Lawrence) |
Filing 18
ORDER DENYING DEFENDANTS' MOTION TO DISMISS AND GRANTING PLAINTIFF'S MOTION FOR LEAVE TO AMEND re: #11 FIRST MOTION to Amend/Correct #9 MOTION to Dismiss . and Opposition to Defendant's Motion to Dismiss Pursuant to F.R.C.P 12(b)(1). filed by Vimary Ginorio, #9 MOTION to Dismiss . filed by Kenco Realty Management Corp., Kenneth Gerstenfeld. In light of Defendants' assertions and evidence about Kenco Realty's gross revenues, Plaintiff proposes to amend her complaint to allege that Defendant Gerstenfeld's various enterprises constitute a "single enterprise" for FLSA purposes. As part of her opposition to the motion to dismiss, she seeks leave to amend and attached a proposed complaint. Plaintiff does not need to move for leave to amend her complaint to assert her joint enterprise claim. Fed. R. Civ. P. 15(a)(l) gives her the right to amend as a matter of course (i.e., without leave of the court) within "21 days after service of a motion under Rule 12(b)... " Fed. R. Civ. P. 15(a)(l)(B). Having filed an amended complaint within 21 days after service of Defendants' motion pursuant to Rule 12(b)(1)-albeit as an exhibit to her opposition to that motion - the court is obliged to allow the amendment, and I do. Plaintiff should detach her proposed complaint from her motion papers and file it separately as the First Amended Complaint. I have no doubt where we are headed - straight into a motion to dismiss or for summary judgment on the ground that the various Gerstenfeld entities cannot be deemed a "single enterprise" under the familiar formula for determining that question. See Gordon v. Gen. Prop. Mgmt. Assocs., Inc., 496 F. Supp. 3d 830, 838 (S.D.N.Y. Oct. 22, 2020). To that end, the parties are directed to appear for a scheduling conference on Tuesday, March 29 at 10:00AM, by telephone at 1 (888) 363-4749, Access Code: 9054506. The motion to dismiss for lack of subject matter jurisdiction is denied; the motion for leave to amend is granted, although it was not necessary. The clerk is directed to close the motions at docket numbers 9 and 11. This constitutes a written opinion. (Telephone Conference set for 3/29/2022 at 10:00 AM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 3/18/2022) BY ECF TO ALL COUNSEL (kv)
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| Filing 17 FIRST REPLY MEMORANDUM OF LAW in Support re: #11 FIRST MOTION to Amend/Correct #9 MOTION to Dismiss . and Opposition to Defendant's Motion to Dismiss Pursuant to F.R.C.P 12(b)(1). . Document filed by Vimary Ginorio..(Spasojevich, Lawrence) |
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Filing 16
ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: This action having been assigned to me for all purposes, it is hereby, ORDERED as follows : 1. Counsel receiving this order shall contact all counsel of record (or where a party is not yet represented, such party) and, if necessary, provide them with a copy of this order. If a conforming case management plan is submitted at least two business days prior to the scheduled initial conference and subsequently approved by the Court, the initial conference will be canceled automatically. If a motion has been filed either before or after the case management plan is approved, and the parties desire a conference, a letter must be submitted to the Court via fax specifically asking that the initial conference not be canceled. If the parties fail to agree upon such a plan or fail to submit the plan to the Court within the time provided (at least two business days before the conference date), the parties must participate in a telephone conference on 6/9/2022 at 10:15 a.m. Parties should dial in at 1(888)363-4749, access code (9054506) to join the conference. Initial Conference set for 6/9/2022 at 10:15 AM before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 3/7/2022) (kv)
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| Filing 15 DECLARATION of Kenneth Gerstenfeld in Opposition re: #11 FIRST MOTION to Amend/Correct #9 MOTION to Dismiss . and Opposition to Defendant's Motion to Dismiss Pursuant to F.R.C.P 12(b)(1).. Document filed by Kenneth Gerstenfeld, Kenco Realty Management Corp...(Denenberg, Seth) |
| Filing 14 DECLARATION of Seth Denenberg, Esq. in Opposition re: #11 FIRST MOTION to Amend/Correct #9 MOTION to Dismiss . and Opposition to Defendant's Motion to Dismiss Pursuant to F.R.C.P 12(b)(1).. Document filed by Kenneth Gerstenfeld, Kenco Realty Management Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Denenberg, Seth) |
| Filing 13 DECLARATION of Lawrence Spasojevich, Esq. in Support re: #11 FIRST MOTION to Amend/Correct #9 MOTION to Dismiss . and Opposition to Defendant's Motion to Dismiss Pursuant to F.R.C.P 12(b)(1).. Document filed by Vimary Ginorio..(Spasojevich, Lawrence) |
| Filing 12 FIRST MEMORANDUM OF LAW in Support re: #11 FIRST MOTION to Amend/Correct #9 MOTION to Dismiss . and Opposition to Defendant's Motion to Dismiss Pursuant to F.R.C.P 12(b)(1). . Document filed by Vimary Ginorio..(Spasojevich, Lawrence) |
| Filing 11 FIRST MOTION to Amend/Correct #9 MOTION to Dismiss . and Opposition to Defendant's Motion to Dismiss Pursuant to F.R.C.P 12(b)(1). Document filed by Vimary Ginorio. (Attachments: #1 Exhibit Filed Complaint, #2 Exhibit Proposed Amended Complaint, #3 Exhibit New York Secretary of State Search: JRG Realty Corp., #4 Exhibit New York Secretary of State Search: 340 Hudson Realty Corp, #5 Exhibit New York Secretary of State Search: 655 West Associates LLC, #6 Exhibit New York Secretary of State Search: University Venture Corp., #7 Exhibit New York Secretary of State Search: Dakota Holdings LLC).(Spasojevich, Lawrence) |
| Filing 10 DECLARATION of Seth Denenberg, Esq. in Support re: #9 MOTION to Dismiss .. Document filed by Kenneth Gerstenfeld, Kenco Realty Management Corp...(Denenberg, Seth) |
| Filing 9 MOTION to Dismiss . Document filed by Kenneth Gerstenfeld, Kenco Realty Management Corp.. (Attachments: #1 Affidavit Declaration of Kenneth Gerstenfeld, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E).(Denenberg, Seth) |
| Filing 8 NOTICE OF APPEARANCE by Seth Denenberg, I on behalf of Kenneth Gerstenfeld, Kenco Realty Management Corp...(Denenberg, Seth) |
| Filing 7 NOTICE OF APPEARANCE by Howard Scott Levine on behalf of Kenneth Gerstenfeld, Kenco Realty Management Corp...(Levine, Howard) |
| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Kenneth Gerstenfeld, Kenco Realty Management Corp...(Levine, Howard) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Kenneth Gerstenfeld, Kenco Realty Management Corp. (vf) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Kenco Realty Management Corp. and Kenneth Gerstenfeld, re: #1 Complaint. Document filed by Vimary Ginorio..(Spasojevich, Lawrence) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. 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) |
| 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. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Lawrence Spasojevich to RE-FILE Document No. #3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the date field on the official A.O. Summons form was completed by the attorney;. 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) |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Kenco Realty Management Corp and Kenneth Gerstenfeld, re: #1 Complaint. Document filed by Vimary Ginorio..(Spasojevich, Lawrence) Modified on 1/26/2022 (pc). |
| Filing 2 CIVIL COVER SHEET filed..(Spasojevich, Lawrence) |
| Filing 1 COMPLAINT against Kenneth Gerstenfeld, Kenco Realty Management Corp.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25635032)Document filed by Vimary Ginorio..(Spasojevich, Lawrence) |
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