WHITAKER v. MONROE STAFFING SERVICES, LLC et al
Plaintiff: Pamela D Whitaker
Defendant: Monroe Staffing Services, LLC and Staffing 360 Solutions, Inc.
Case Number: 1:2022cv07130
Filed: August 21, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: Lewis J Liman
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 ds Diversity-Contract Dispute
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on September 1, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 1, 2022 Filing 48 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 with costs against the defendant(s) Monroe Staffing Services, LLC, Staffing 360 Solutions, Inc.. Document filed by Pamela D Whitaker. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Blackwell, Lindsey)
September 1, 2022 Filing 47 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 with costs against the defendant(s) All Defendants. Document filed by Pamela D Whitaker. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Blackwell, Lindsey) Modified on 9/1/2022 (tp).
September 1, 2022 ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Lindsey Blackwell. RE-FILE Document No. #43 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)
August 31, 2022 Filing 46 NOTICE OF APPEARANCE by Copatrick Thomas on behalf of Pamela D Whitaker..(Thomas, Copatrick)
August 31, 2022 Filing 45 NOTICE OF APPEARANCE by Kuuku Angate Minnah-Donkoh on behalf of Pamela D Whitaker..(Minnah-Donkoh, Kuuku)
August 31, 2022 Filing 44 NOTICE OF APPEARANCE by Lindsey Blackwell on behalf of Pamela D Whitaker..(Blackwell, Lindsey)
August 31, 2022 Filing 43 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 with costs against the defendant(s) All Defendants. Document filed by Pamela D Whitaker. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Blackwell, Lindsey) Modified on 9/1/2022 (tp).
August 21, 2022 Filing 42 CASE TRANSFERRED IN from the United States District Court - District of North Carolina Middle; Case Number: 1:20-cv-00012. Original file certified copy of transfer order and docket entries received.
August 21, 2022 CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case 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..(vba)
August 21, 2022 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. (vba)
August 21, 2022 Case Designated ECF. (vba)
August 21, 2022 NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (vba)
August 17, 2022 Filing 41 Letter to Clerk, United States District Court for the Southern District of New York. (Sheets, Jamie) [Transferred from North Carolina Middle on 8/21/2022.]
August 17, 2022 Opinion or Order Filing 40 ORDER signed by JUDGE N. C. TILLEY, JR on 8/17/2022; For the reasons set forth in the Fourth Circuit Opinion, this case is transferred to the Southern District of New York, and the Clerk is directed to take all action necessary to effectuate the transfer. (Sheets, Jamie) [Transferred from North Carolina Middle on 8/21/2022.]
August 17, 2022 CASE REFERRED to JUDGE N. C. TILLEY, JR. (Garland, Leah) [Transferred from North Carolina Middle on 8/21/2022.]
August 15, 2022 Filing 39 MANDATE of USCA as to #33 Notice of Appeal filed by STAFFING 360 SOLUTIONS, INC., MONROE STAFFING SERVICES, LLC. The judgment of this court, entered July 22, 2022, takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. USCA Case Number 21-1217. (Sheets, Jamie) [Transferred from North Carolina Middle on 8/21/2022.]
July 22, 2022 Filing 38 USCA JUDGMENT as to #33 Notice of Appeal filed by STAFFING 360 SOLUTIONS, INC., MONROE STAFFING SERVICES, LLC. In accordance with the decision of this court, the judgment of the district court is vacated. This case is remanded to the district court for further proceedings consistent with the court's decision.This judgment shall take effect upon issuance of this court's mandate in accordance with Fed. R. App. P. 41. USCA Case Number 21-1217. (Sheets, Jamie) [Transferred from North Carolina Middle on 8/21/2022.]
July 22, 2022 Filing 37 USCA OPINION vacating the district court's judgment and remanding with instructions that the court transfer this case to the Southern District of New York. USCA Case Number 21-1217. (Sheets, Jamie) [Transferred from North Carolina Middle on 8/21/2022.]
February 26, 2021 Filing 36 NOTICE of Docketing Record on Appeal from USCA re #33 Notice of Appeal filed by STAFFING 360 SOLUTIONS, INC., MONROE STAFFING SERVICES, LLC. USCA Case Manager: Michael Radday. USCA Case Number 21-1217. (Garland, Leah) [Transferred from North Carolina Middle on 8/21/2022.]
February 25, 2021 Filing 35 AMENDED NOTICE OF APPEAL amending #33 Notice of Appeal by MONROE STAFFING SERVICES, LLC, STAFFING 360 SOLUTIONS, INC.. (SCHAUER, CRAIG) [Transferred from North Carolina Middle on 8/21/2022.]
February 25, 2021 Filing 34 Electronic Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #33 Notice of Appeal. (Garland, Leah) [Transferred from North Carolina Middle on 8/21/2022.]
February 25, 2021 Filing 33 NOTICE OF APPEAL by MONROE STAFFING SERVICES, LLC, STAFFING 360 SOLUTIONS, INC.. Filing fee $ 505, receipt number 0418-2995429. (SCHAUER, CRAIG) [Transferred from North Carolina Middle on 8/21/2022.]
February 19, 2021 Opinion or Order Filing 31 MEMORANDUM OPINION AND ORDER signed by JUDGE N. C. TILLEY, JR on 02/19/2021, that Plaintiff's Motion to Remand [Doc. #16 ] is GRANTED. IT IS FURTHER ORDERED that Defendant's Motion to Dismiss [Doc. #9 ] is DENIED AS MOOT and Plaintiff's Motion to Amend Complaint [Doc. #23 ] is DENIED AS MOOT, both to be left to the adjudication of the Guilford County Superior Court. (Garland, Leah) [Transferred from North Carolina Middle on 8/21/2022.]
July 24, 2020 CASE REFERRED regarding #27 RECOMMENDED RULING - MAGISTRATE JUDGE to JUDGE N. C. TILLEY, JR (Winchester, Robin) [Transferred from North Carolina Middle on 8/21/2022.]
July 23, 2020 Filing 30 RESPONSE re #29 Objection to Recommended Ruling - Magistrate Judge filed by MONROE STAFFING SERVICES, LLC, STAFFING 360 SOLUTIONS, INC.. Replies due by 8/6/2020 (SCHAUER, CRAIG) [Transferred from North Carolina Middle on 8/21/2022.]
July 9, 2020 Filing 29 OBJECTION TO RECOMMENDED RULING - MAGISTRATE JUDGE re #27 Recommended Ruling - Magistrate Judge,,, by Plaintiff PAMELA D. WHITAKER . (Attachments: #1 Exhibit A - Complaint (S.D.N.Y.))(WILSON, GROVER) [Transferred from North Carolina Middle on 8/21/2022.]
June 25, 2020 Filing 28 Notice of Mailing Recommendation: Objections to R&R due by 7/9/2020. Objections to R&R for Pro Se due by 7/13/2020. (Garland, Leah) [Transferred from North Carolina Middle on 8/21/2022.]
June 25, 2020 Filing 27 MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOE L. WEBSTER on 6/25/2020, that Defendants' Motion to Dismiss (Docket Entry #9 ) be GRANTED with respect to their request to transfer the forum. This matter shall be transferred to the United States District Court for the Southern District of New York. FURTHER RECOMMENDED that Defendants' Motion to Dismiss (Docket Entry #9 ) be DENIED in all other regards without prejudice to Defendants raising those arguments in the United States District Court in the Southern District of New York. FURTHER RECOMMENDED that Plaintiff's Motion to Remand to State Court (Docket Entry #16 ) be DENIED. FURTHER RECOMMENDED that Plaintiff's Motion to Amend Complaint (Docket Entry #23 ) be left to the adjudication of the transferee court. (Garland, Leah) [Transferred from North Carolina Middle on 8/21/2022.]
April 23, 2020 Case Reassigned to JUDGE N. C. TILLEY, JR. UNASSIGNED no longer assigned to the case. (Marsh, Keah) [Transferred from North Carolina Middle on 8/21/2022.]
April 3, 2020 Motions Referred: RE: #23 MOTION to Amend #5 Complaint, , to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim) [Transferred from North Carolina Middle on 8/21/2022.]
April 2, 2020 Filing 26 REPLY, filed by Plaintiff PAMELA D. WHITAKER, to Response to #23 MOTION to Amend #5 Complaint, filed by PAMELA D. WHITAKER. (Attachments: #1 Exhibit A - Redlined Comparison of Original and Amended Complaints, #2 Exhibit B - Proposed Order)(WILSON, GROVER) [Transferred from North Carolina Middle on 8/21/2022.]
March 19, 2020 Filing 25 RESPONSE in Opposition re #23 MOTION to Amend #5 Complaint, filed by PAMELA D. WHITAKER filed by MONROE STAFFING SERVICES, LLC, STAFFING 360 SOLUTIONS, INC.. Replies due by 4/2/2020 (PRESSMENT, JONATHAN) [Transferred from North Carolina Middle on 8/21/2022.]
March 9, 2020 Filing 24 Notice to Parties RE: SO30. Responses due by 4/9/2020 (Winchester, Robin) [Transferred from North Carolina Middle on 8/21/2022.]
February 28, 2020 Filing 23 MOTION to Amend #5 Complaint, by PAMELA D. WHITAKER. Response to Motion due by 3/20/2020 (WILSON, GROVER) [Transferred from North Carolina Middle on 8/21/2022.]
February 28, 2020 Filing 22 AMENDED COMPLAINT against defendant All Defendants, filed by PAMELA D. WHITAKER.(WILSON, GROVER) [Transferred from North Carolina Middle on 8/21/2022.]
February 24, 2020 Filing 21 Reply BRIEF re #16 MOTION to Remand to State Court by Plaintiff PAMELA D. WHITAKER filed by PAMELA D. WHITAKER. (WILSON, GROVER) [Transferred from North Carolina Middle on 8/21/2022.]
February 24, 2020 Motions Referred: RE: #16 MOTION to Remand to State Court , #9 MOTION to Dismiss or, in the Alternative, Transfer, to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim) [Transferred from North Carolina Middle on 8/21/2022.]
February 18, 2020 Filing 20 REPLY, filed by Defendants MONROE STAFFING SERVICES, LLC, STAFFING 360 SOLUTIONS, INC., to Response to #9 MOTION to Dismiss or, in the Alternative, Transfer filed by MONROE STAFFING SERVICES, LLC, STAFFING 360 SOLUTIONS, INC.. (PRESSMENT, JONATHAN) [Transferred from North Carolina Middle on 8/21/2022.]
February 18, 2020 Filing 19 DECLARATION of Brendan Flood filed by Defendants MONROE STAFFING SERVICES, LLC, STAFFING 360 SOLUTIONS, INC. re #9 MOTION to Dismiss or, in the Alternative, Transfer filed by MONROE STAFFING SERVICES, LLC, STAFFING 360 SOLUTIONS, INC.. (PRESSMENT, JONATHAN) [Transferred from North Carolina Middle on 8/21/2022.]
February 10, 2020 Filing 18 RESPONSE in Opposition re #16 MOTION to Remand to State Court filed by PAMELA D. WHITAKER filed by MONROE STAFFING SERVICES, LLC, STAFFING 360 SOLUTIONS, INC.. Replies due by 2/24/2020 (PRESSMENT, JONATHAN) [Transferred from North Carolina Middle on 8/21/2022.]
February 4, 2020 Filing 17 Supporting BRIEF re #16 MOTION to Remand to State Court by Plaintiff PAMELA D. WHITAKER filed by PAMELA D. WHITAKER. (WILSON, GROVER) [Transferred from North Carolina Middle on 8/21/2022.]
February 4, 2020 Filing 16 MOTION to Remand to State Court by PAMELA D. WHITAKER. Response to Motion due by 2/25/2020 (WILSON, GROVER) [Transferred from North Carolina Middle on 8/21/2022.]
February 4, 2020 Filing 15 AFFIDAVIT in Opposition re #9 MOTION to Dismiss or, in the Alternative, Transfer filed by PAMELA D. WHITAKER. Response to Motion due by 2/18/2020 (Attachments: #1 Exhibit A - Confidentiality Agreement, #2 Exhibit B - Summary Term Sheet, #3 Exhibit C - Screenshots Showing Staffing 360 Solution's Direct Activities Inside North Carolina, #4 Exhibit D - Staffing 360 Solutions Releases Chariman's Letter to Shareholders 4.23.2008 (8K SEC Filing), #5 Exhibit E - Midtown Partners Research - Staffing 360 Solutions, #6 Exhibit F - Staffing 360 Advertising Articles, #7 Exhibit G - NC Secretary of State Search, #8 Exhibit H - Lease Agreement, #9 Exhibit I - Amendment Agreement)(WILSON, GROVER) [Transferred from North Carolina Middle on 8/21/2022.]
February 4, 2020 Filing 14 RESPONSE in Opposition re #9 MOTION to Dismiss or, in the Alternative, Transfer filed by STAFFING 360 SOLUTIONS, INC., MONROE STAFFING SERVICES, LLC filed by PAMELA D. WHITAKER. Replies due by 2/18/2020 (WILSON, GROVER) [Transferred from North Carolina Middle on 8/21/2022.]
January 15, 2020 Filing 13 NOTICE of Appearance by attorney STUART HALE RUSSELL on behalf of Plaintiff PAMELA D. WHITAKER (RUSSELL, STUART) [Transferred from North Carolina Middle on 8/21/2022.]
January 14, 2020 Filing 12 DECLARATION of Brendan Flood re #9 MOTION to Dismiss or, in the Alternative, Transfer by Defendants MONROE STAFFING SERVICES, LLC, STAFFING 360 SOLUTIONS, INC.. (SCHAUER, CRAIG) [Transferred from North Carolina Middle on 8/21/2022.]
January 14, 2020 Filing 11 DECLARATION of Jonathan Pressment re #9 MOTION to Dismiss or, in the Alternative, Transfer by Defendants MONROE STAFFING SERVICES, LLC, STAFFING 360 SOLUTIONS, INC.. (Attachments: #1 Exhibit Complaint, #2 Exhibit Agreement, #3 Exhibit Amendment, #4 Exhibit Notice of Claim)(SCHAUER, CRAIG) [Transferred from North Carolina Middle on 8/21/2022.]
January 14, 2020 Filing 10 MEMORANDUM filed by Defendants MONROE STAFFING SERVICES, LLC, STAFFING 360 SOLUTIONS, INC. re #9 MOTION to Dismiss or, in the Alternative, Transfer filed by MONROE STAFFING SERVICES, LLC, STAFFING 360 SOLUTIONS, INC.. (SCHAUER, CRAIG) [Transferred from North Carolina Middle on 8/21/2022.]
January 14, 2020 Filing 9 MOTION to Dismiss or, in the Alternative, Transfer by MONROE STAFFING SERVICES, LLC, STAFFING 360 SOLUTIONS, INC.. Response to Motion due by 2/4/2020 (SCHAUER, CRAIG) [Transferred from North Carolina Middle on 8/21/2022.]
January 8, 2020 Filing 8 NOTICE of Appearance by attorney JONATHAN D. PRESSMENT on behalf of Defendants MONROE STAFFING SERVICES, LLC, STAFFING 360 SOLUTIONS, INC. (PRESSMENT, JONATHAN) [Transferred from North Carolina Middle on 8/21/2022.]
January 7, 2020 Filing 7 Notice of Right to Consent. (Attachments: #1 Consent Form) (Sheets, Jamie) [Transferred from North Carolina Middle on 8/21/2022.]
January 7, 2020 Filing 6 Summons Issued as to MONROE STAFFING SERVICES, LLC, STAFFING 360 SOLUTIONS, INC. (Original document filed in Guilford County Superior Court, Case Number 19CVS10455, issued 12/5/2019 and listed as Exhibit A to the Petition for Removal) (Sheets, Jamie) [Transferred from North Carolina Middle on 8/21/2022.]
January 7, 2020 Filing 5 COMPLAINT against MONROE STAFFING SERVICES, LLC, STAFFING 360 SOLUTIONS, INC., filed by PAMELA D. WHITAKER. (Original document filed in Guilford County Superior Court, Case Number 19CVS10455 and listed as Exhibit A to the Petition for Removal) (Sheets, Jamie) [Transferred from North Carolina Middle on 8/21/2022.]
January 7, 2020 Filing 4 Corporate Disclosure Statement by STAFFING 360 SOLUTIONS, INC. (SCHAUER, CRAIG) [Transferred from North Carolina Middle on 8/21/2022.]
January 7, 2020 Filing 3 Corporate Disclosure Statement by MONROE STAFFING SERVICES, LLC. (SCHAUER, CRAIG) [Transferred from North Carolina Middle on 8/21/2022.]
January 7, 2020 Filing 2 NOTICE of Appearance by attorney CRAIG D. SCHAUER on behalf of Defendants MONROE STAFFING SERVICES, LLC, STAFFING 360 SOLUTIONS, INC. (SCHAUER, CRAIG) [Transferred from North Carolina Middle on 8/21/2022.]
January 7, 2020 Filing 1 PETITION FOR REMOVAL against PAMELA D. WHITAKER, (Filing fee $ 400 receipt number 0418-2726280) filed by MONROE STAFFING SERVICES, LLC, STAFFING 360 SOLUTIONS, INC. (Attachments: #1 Exhibit A Civil Summons and Complaint, #2 Exhibit B Affidavit and Certificate of Service, #3 Exhibit C Confirmation, #4 Exhibit D Tracking Confirmation) (SCHAUER, CRAIG) [Transferred from North Carolina Middle on 8/21/2022.]
January 7, 2020 Case ASSIGNED to UNASSIGNED and MAG/JUDGE JOE L. WEBSTER. (Sheets, Jamie) [Transferred from North Carolina Middle on 8/21/2022.]
January 7, 2020 CASE REFERRED to Standing Order 30. (Sheets, Jamie) [Transferred from North Carolina Middle on 8/21/2022.]
January 7, 2020 CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Sheets, Jamie) [Transferred from North Carolina Middle on 8/21/2022.]

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Plaintiff: Pamela D Whitaker
Represented By: GROVER GRAY WILSON
Represented By: Lindsey Blackwell
Represented By: Copatrick Thomas
Represented By: Kuuku Angate Minnah-Donkoh
Represented By: STUART HALE RUSSELL
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Defendant: Monroe Staffing Services, LLC
Represented By: CRAIG D. SCHAUER
Represented By: JONATHAN D. PRESSMENT
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Defendant: Staffing 360 Solutions, Inc.
Represented By: JONATHAN D. PRESSMENT
Represented By: CRAIG D. SCHAUER
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