Wisniewski et al v. Johnson Controls, Inc.
| Frank Wisniewski, John Filardi, Peter Cornale, Paul Rogers, David Latkowski, Robert Grant and Robert Rumpf |
| Johnson Controls, Inc. |
| 1:2022cv10287 |
| December 5, 2022 |
| U.S. District Court for the Southern District of New York |
| Paul G Gardephe |
| Robert W Lehrburger |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| None |
Docket Report
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| Filing 18 STATUS REPORT. in accordance with the Scheduling Order of Hon. Robert W. Lehrburger entered on February 9, 2023 Document filed by Johnson Controls, Inc...(Xia, Jenny) |
| Set/Reset Mediation Case Tracking Deadlines: Mediator Schedule due by 6/1/2023. (ah) |
Filing 17
ORDER granting #16 Letter Motion for Extension of Time. Request granted. The mediation deadline is extended to July 14, 2023 but shall not change the deadlines for discovery and otherwise. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 4/5/2023) (tg)
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| Filing 16 FIRST LETTER MOTION for Extension of Time Mediation Deadline be extended to July, 14, 2023 addressed to Magistrate Judge Robert W. Lehrburger from Jason Rozger dated 04/05/2023. Document filed by Peter Cornale, John Filardi, Robert Grant, David Latkowski, Paul Rogers, Robert Rumpf, Frank Wisniewski..(Rozger, Jason) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 3/20/2023.(ah) |
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Filing 15
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: Amended Pleadings due by 3/10/2023. Joinder of Parties due by 3/10/2023. Deposition due by 8/14/2023. Fact Discovery due by 8/14/2023. Expert Discovery due by 10/15/2023. All parties do not consent to a trial before a Magistrate Judge at this time. The case is not to be tried to a jury. The parties anticipate that the trial of this case will require 3 days. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 2/9/2023) (mml)
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| Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Initial Pretrial Conference held on 2/9/2023 at 3:30 p.m. (rsh) |
| Filing 14 PROPOSED CASE MANAGEMENT PLAN. Document filed by Johnson Controls, Inc...(Xia, Jenny) |
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Filing 13
ORDER granting #7 Letter Motion for Extension of Time to Answer re #7 JOINT MOTION for Extension of Time to File Answer re: #1 Complaint, STIPULATION REGARDING DEFENDANTS TIME TO ANSWER OR OTHERWISE MOVE WITH RESPECT TO COMPLAINT.. All Defendants. The parties' request is granted nunc pro tunc. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Talmage, Mariel)
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| Filing 12 NOTICE of Hearing: Initial Pretrial Conference set for 2/9/2023 at 3:30 PM before Magistrate Judge Robert W. Lehrburger. The conference will be held telephonically. The parties are instructed to call (888) 398-2342 and enter access code 9543348. Counsel shall jointly complete and file Judge Lehrburger's [Proposed] Civil Case Management Plan and Scheduling Order, which must be submitted in compliance with Judge Lehrburger's Individual Practices no later than one week before the initial case management conference. If suitable for the case, the parties are encouraged to use Judge Lehrburger's model Joint Electronic Discovery Submission and Proposed Order. These forms are available on the SDNY website at https://www.nysd.uscourts.gov/hon-robert-w-lehrburger. (rsh) |
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Filing 11
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 2/6/2023. (Signed by Judge Paul G. Gardephe on 12/10/2019) (rpr)
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| Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Johnson Controls International plc for Johnson Controls, Inc.. Document filed by Johnson Controls, Inc...(Xia, Jenny) |
| Filing 9 ANSWER to #1 Complaint,. Document filed by Johnson Controls, Inc...(Xia, Jenny) |
| Filing 8 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Johnson Controls, Inc...(Xia, Jenny) Modified on 1/20/2023 (lb). |
| Filing 7 JOINT MOTION for Extension of Time to File Answer re: #1 Complaint, STIPULATION REGARDING DEFENDANTS TIME TO ANSWER OR OTHERWISE MOVE WITH RESPECT TO COMPLAINT. Document filed by Johnson Controls, Inc...(Xia, Jenny) |
| Filing 6 NOTICE OF APPEARANCE by Jenny Xia on behalf of Johnson Controls, Inc...(Xia, Jenny) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Jenny Xia to RE-FILE Document No. #8 Rule 7.1 Corporate Disclosure Statement. The filing is deficient for the following reason(s): the corporate parent/other affiliate was not added;. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes radio button - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time. (lb) |
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Filing 5
ORDER OF REFERENCE TO A 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 Robert W. Lehrburger. SO ORDERED. (Signed by Judge Paul G. Gardephe on 12/7/2022) (ks)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to Johnson Controls, Inc.. (vf) |
| Case Designated ECF. (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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. 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) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Johnson Controls Inc., re: #1 Complaint,. Document filed by Peter Cornale, John Filardi, Robert Grant, David Latkowski, Paul Rogers, Robert Rumpf, Frank Wisniewski..(Rozger, Jason) |
| Filing 2 CIVIL COVER SHEET filed..(Rozger, Jason) |
| Filing 1 COMPLAINT against Johnson Controls, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-27043034)Document filed by Robert Grant, Peter Cornale, Robert Rumpf, John Filardi, Paul Rogers, Frank Wisniewski, David Latkowski, Johnson Controls, Inc...(Rozger, Jason) |
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