Bloise v. Q4 Generational Wealth, Inc. et al
| Alicia Bloise |
| Q4 Generational Wealth, Inc. doing business as Calientes Restaurant & Bar, Bridgewater Jahee, Melanie Burgos and Jahee Bridgewater |
| 1:2022cv10488 |
| December 12, 2022 |
| US District Court for the Southern District of New York |
| Stewart D Aaron |
| Loretta A Preska |
| Jennifer H Rearden |
| Civil Rights: Jobs |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 45 MEMORANDUM OF LAW in Opposition re: #43 MOTION to Dismiss. . Document filed by Alicia Bloise. (Attachments: #1 Exhibit Exhibit A - Amended Complaint).(Calliste, Gregory) |
| Filing 44 MEMORANDUM OF LAW in Support re: #43 MOTION to Dismiss. Document filed by Jahee Bridgewater, Melanie Burgos(melanieburgos613@gmail.com). (sc) |
| Filing 43 NOTICE OF MOTION, Re: to Dismiss Complaint. Document filed by Alicia Bloise, Jahee Bridgewater.(sc) |
Filing 42
MEMO ENDORSEMENT on re: #41 Letter, filed by Melanie Burgos, Jahee Bridgewater. ENDORSEMENT: Application GRANTED. No later than September 27, 2023, Defendants Jahee Bridgewater and Melanie Burgos shall respond to the Amended Complaint. SO ORDERED. Jahee Bridgewater answer due 9/27/2023; Melanie Burgos answer due 9/27/2023. (Signed by Magistrate Judge Stewart D. Aaron on 9/15/2023) (kv)
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| Filing 41 LETTER addressed to Magistrate Judge Stewart D. Aaron from M. Burgos and Jahee Bridgewater, dated 9/13/23 re: I write to request an extension of time from 9/14/23 to 9/27/23 to file our Response. I ask for this extension because, after multiple phone calls and emails, NYLAG had no interns to assign to me up until Monday. Document filed by Jahee Bridgewater, Melanie Burgos.(sc) |
| Filing 40 AFFIDAVIT OF SERVICE. Q4 Generational Wealth, Inc. served on 8/23/2023, answer due 9/13/2023. Service was accepted by NANCY DOUGHERTY, LEGAL CLERK. Document filed by Alicia Bloise..(Phillips, William) |
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Filing 39
ORDER: Following a telephone conference with the parties, for the reasons stated on the record, it is hereby ORDERED that, no later than Wednesday, September 13, 2023, Defendants Melanie Burgos and Jahee Bridgewater (collectively, the "Individual Defendants") shall answer the Amended Complaint (ECF No. 38) or file a responsive motion. SO ORDERED. Jahee Bridgewater answer due 9/13/2023; Melanie Burgos answer due 9/13/2023.( Motions due by 9/13/2023.) (Signed by Magistrate Judge Stewart D. Aaron on 8/14/2023) (vfr)
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| Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Telephone Conference held on 8/14/2023. (kv) |
| Filing 38 AMENDED COMPLAINT amending #37 Amended Complaint,, #35 Amended Complaint,, against Q4 Generational Wealth, Inc., Melanie Burgos, Jahee Bridgewater with JURY DEMAND.Document filed by Alicia Bloise. Related document: #37 Amended Complaint,, #35 Amended Complaint,,..(Calliste, Gregory) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Gregory Calliste, Jr to RE-FILE re: Document No. #37 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; wrong party/parties whom the pleading is against were selected. 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. (vf) |
| Filing 37 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -FIRST AMENDED COMPLAINT amending #35 Amended Complaint,, #1 Complaint, against Jahee Bridgewater(In his individual capacity), Jahee Bridgewater(in his official capacity ), Melanie Burgos(In her individual capacity), Melanie Burgos(In her official capacity), Q4 Generational Wealth, Inc. with JURY DEMAND.Document filed by Alicia Bloise. Related document: #35 Amended Complaint,, #1 Complaint,..(Calliste, Gregory) Modified on 7/31/2023 (vf). |
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Filing 36
ORDER: The parties are directed to appear for a telephone conference on Monday, August 14, 2023, at 11:00 a.m. EST to discuss the status of this action. At the scheduled time, the parties shall each separately call (888) 278-0296 (or (214) 765-0479) and enter access code 6489745. Defendants time to respond to the First Amended Complaint (Am. Compl., ECF No. 35) is extended sine die. The Court will set the deadline to respond to the First Amended Complaint during the telephone conference. SO ORDERED. Telephone Conference set for 8/14/2023 at 11:00 AM before Magistrate Judge Stewart D. Aaron. (Signed by Magistrate Judge Stewart D. Aaron on 7/28/2023) (kv)
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Gregory Calliste to RE-FILE Document No. #35 Amended Complaint. The filing is deficient for the following reason(s): party name error. 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. (jgo) |
| Filing 35 FILING ERROR DEFICIENT PLEADING - PDF ERROR - FIRST AMENDED COMPLAINT amending #1 Complaint, against Jahee Bridgewater(In his individual capacity), Jahee Bridgewater(in his official capacity ), Melanie Burgos(In her individual capacity), Melanie Burgos(In her official capacity), Q4 Generational Wealth, Inc. with JURY DEMAND.Document filed by Alicia Bloise. Related document: #1 Complaint,. (Attachments: #1 Exhibit A - EEOC Notice Of Right To Sue).(Calliste, Gregory) Modified on 7/28/2023 (jgo). |
| Filing 34 REPORT AND RECOMMENDATION re: #25 MOTION to Dismiss filed by Melanie Burgos, Jahee Bridgewater: For the reasons [stated], it is respectfully recommended that the Individual Defendants' motion to dismiss for insufficient service of process be DENIED. It is further recommended that the Complaint be sua sponte dismissed for failure to comply with Rule 8 of the Federal Rules of Civil Procedure and that Plaintiff be given leave to file an amended complaint that conforms to the requirements of Rule 8. Objections to R&R due by 8/8/2023 (Signed by Magistrate Judge Stewart D. Aaron on 7/25/2023) (Aaron, Stewart) |
| Filing 33 REPLY to Response to Motion, re: #25 MOTION to Dismiss. Document filed by Jahee Bridgewater(In his individual capacity), Melanie Burgos(In her individual capacity). (sc) |
| Filing 32 MEMORANDUM OF LAW in Opposition re: #25 MOTION to Dismiss. . Document filed by Alicia Bloise. (Attachments: #1 Supplement Declaration Of Greg Calliste, JR. In Support of Plaintiff's Memorandum In Opp, #2 Exhibit A - Bloise Complaint, #3 Exhibit B - Three Affidavits Of Service Upon Defendants).(Calliste, Gregory) |
| Filing 31 CLERK'S CERTIFICATE OF DEFAULT as to Q4 Generational Wealth, Inc. doing business as Calientes Restaurant & Bar. (tp) |
| Filing 30 AFFIRMATION of Gregory Calliste, Jr. in Support. Document filed by Alicia Bloise. (Attachments: #1 Exhibit Request for a Certificate of Default).(Jean-Pierre, Alexandria) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Alexandria Jean-Pierre to RE-FILE Document #29 Affidavit in Support. Use the event type Affirmation in Support (non-motion) found under the event list Other Answers. (tp) |
| Filing 29 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AFFIDAVIT of Gregory Calliste, Jr. in Support re: #28 Proposed Clerk's Certificate of Default. Document filed by Alicia Bloise. (Attachments: #1 Exhibit Request for a Certificate of Default).(Jean-Pierre, Alexandria) Modified on 6/29/2023 (tp). |
| Filing 28 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Alicia Bloise..(Jean-Pierre, Alexandria) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| Filing 27 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - AFFIDAVIT of Gregory Calliste, Jr. re: #26 Proposed Clerk's Certificate of Default . Document filed by Alicia Bloise. (Attachments: #1 Exhibit Request for a Certificate of Default).(Jean-Pierre, Alexandria) Modified on 6/28/2023 (tp). |
| Filing 26 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Alicia Bloise..(Jean-Pierre, Alexandria) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 6/28/2023 (tp). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Alexandria Jean-Pierre. RE-FILE Document No. #26 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): the proposed clerk's certificate of default does not list the name(s) for the party(ies) who was/were served. Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies) who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service. (tp) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Alexandria Jean-Pierre to RE-FILE Document #27 Affidavit. ERROR(S): no affidavit in support has been filed. Attach the correct PDF - Re-file the document using the event type Affidavit in Support (non-motion) found under the event list Other Answers and attach the Request for Clerk's Certificate of Default to the Affidavit - select the correct filer/filers. (tp) |
| Filing 25 NOTICE OF MOTION TO DISMISS PLAINTIFF'S COMPLAINT w/prejudice. Document filed by Jahee Bridgewater(In his individual capacity), Melanie Burgos(In her individual capacity).(sc) |
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Filing 24
ORDER terminating #21 Motion to Dismiss. Following a telephone conference with the parties, for the reasons stated on the record, it is hereby ORDERED as follows: 1.Defendants Melanie Burgos and Jahee Bridgewater (collectively, the "Individual Defendants") have agreed to withdraw their motion to dismiss. (ECF No. 21.) No later than Tuesday, June 13, 2023, the Individual Defendants shall answer the Complaint (ECF No. 1) or file a responsive motion. 2. No later than Wednesday, June 21, 2023, Defendant Q4 Generational Wealth, Inc. shall appear by counsel in this action. Defendant Q4 Generational Wealth, Inc. is hereby advised that a corporation cannot appear pro se in this Court. Thus, if it fails to appear, a default may be entered against it. See McFarlane v. Harry's Nurses Registry, No. 17-CV-06350 (PKC) (PK), 2020 WL 1643781, at *15 (E.D.N.Y.Apr. 2, 2020) (corporate defendant's failure to obtain counsel is failure to "otherwise defend" under Federal Rule of Civil Procedure 55(a)); see also Jones v. Niagara Frontier Transp. Auth., 722 F.2d 20, 22 (2d Cir. 1983) ("[I]t is established that a corporation, which is an artificial entity that can only act through agents, cannot proceed pro se."). While the Individual Defendants can proceed pro se, they still will be required to comply with all Court Orders and deadlines and failure to do so may result in the imposition of sanctions, up to and including entry of a default judgment against them. 3. If Defendant Q4 Generational Wealth, Inc. has failed to appear by counsel, Plaintiff shall seek a certificate of default no later than Wednesday, June 28, 2023. 4. If the Individual Defendants file a motion to dismiss in lieu of filing an Answer, Plaintiff shall file her opposition to such motion no later than Wednesday, July 5,2023. 5. The Individual Defendants shall file their reply, if any, no later than Wednesday,July 19, 2023. The Clerk of Court is respectfully requested to terminate the gavel at ECF No. 21. SO ORDERED.. (Signed by Magistrate Judge Stewart D. Aaron on 5/23/2023) (kv)
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| Set/Reset Deadlines: Jahee Bridgewater(In his individual capacity) answer due 6/13/2023; Jahee Bridgewater(in his official capacity ) answer due 6/13/2023; Melanie Burgos(In her individual capacity) answer due 6/13/2023; Melanie Burgos(In her official capacity) answer due 6/13/2023. Motions due by 6/13/2023. Responses due by 7/5/2023 Replies due by 7/19/2023. (kv) |
| Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Telephone Conference held on 5/22/2023. (kl) |
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Filing 23
ORDER FOR TELEPHONE CONFERENCE: The parties are directed to appear for a telephone conference on Monday, May 22, 2023, at 2:00 p.m. EST. The purpose of this conference is to address the motion filed at ECF No. 21 ("Motion") and to discuss the status of this action. At the scheduled time, the parties shall each separately call (888) 278-0296 (or (214) 765-0479) and enter access code 6489745. Defendant Melanie Burgos shall provide the conference information to Defendant Jahee Bridgewater, since Defendant Bridgewater also signed on to the Motion. SO ORDERED. Telephone Conference set for 5/22/2023 at 02:00 PM before Judge Jennifer H. Rearden. (Signed by Magistrate Judge Stewart D. Aaron on 4/25/2023) (kv)
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Filing 22
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) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Stewart D. Aaron. Motions referred to Stewart D. Aaron. (Signed by Judge Jennifer H. Rearden on 4/24/2023) (kv)
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| Filing 21 NOTICE OF MOTION, Re: to Dismiss under Federal Rule 12(b)(5) due to insufficient service of process. Document filed by Jahee Bridgewater(In his individual capacity), Melanie Burgos(In her individual capacity). (Attachments: #1 Exhibit A)(sc) |
| NOTICE OF CASE REASSIGNMENT to Judge Jennifer H. Rearden. Judge Loretta A. Preska is no longer assigned to the case. (tro) |
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Filing 20
MEMO ENDORSEMENT on re: #19 Letter filed by Melanie Burgos. ENDORSEMENT: SO ORDERED. Alicia Bloise answer due 3/17/2023. (Signed by Judge Loretta A. Preska on 2/22/2023) (kv)
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| Filing 19 LETTER addressed to Judge Loretta A. Preska from M. Burgos dated 2/21/23 re: EXTENSION REQUEST FOR DEADLINE TO RESPOND TO PLAINTIFF'S COMPLAINT(to 3/17/23). Document filed by Melanie Burgos(In her individual capacity).(sc) |
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Filing 18
MEMO ENDORSED ORDER granting #17 Motion for Permission for Electronic Case Filing. ENDORSEMENT: Approved. SO ORDERED. (Signed by Judge Loretta A. Preska on 2/7/2023) (va)
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| Filing 17 MOTION FOR PERMISSION FOR ELECTRONIC CASE FILING, Re: for Permission for Melanie Burgos to participate in electronic case filing in this case. Document filed by Melanie Burgos(In her individual capacity).(sc) |
| Filing 16 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Melanie A. Burgos consents to receive electronic service via the ECF system. Document filed by Melanie Burgos(In her individual capacity).(sc) |
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Filing 15
ORDER: Ms. Burgos is permitted to represent herself pro se. 28 U.S.C. 1654. However, the Court denies Ms. Burgos' request to represent corporate defendant Q4 pro se because a corporate entity may not proceed pro se. Ms. Burgos also requests leave to file a motion to dismiss. Because Ms. Burgos is proceeding pro se, the Court advises her to familiarize herself with Federal Rule of Civil Procedure 12(b) and the case law interpreting it to identify the proper bases for and the procedures governing a motion to dismiss. Ms. Burgos should also be aware that the Court usually cannot consider documents or evidence from outside the four corners of the complaint when ruling on a motion to dismiss. Thus, the Court likely would not be able to consider the images Ms. Burgos attached to her letter (dkt. no. 13) in ruling on a motion to dismiss. Alternatively, Ms. Burgos may answer the complaint. Once it retains counsel, Q4 is also permitted to file a motion to dismiss through said counsel. The Court extends Ms. Burgos' and Q4's time to respond to the complaint through and including February 25, 2023. Melanie Burgos(In her individual capacity) answer due 2/25/2023; Melanie Burgos(In her official capacity) answer due 2/25/2023. (Signed by Judge Loretta A. Preska on 1/31/2023) (ate)
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| Filing 14 LETTER addressed to Judge Loretta A. Preska from Melanie Burgos dated 1/17/2023 re: I would like to file for a motion to dismiss on all charges. Document filed by Melanie Burgos(In her official capacity)..(ama) |
| Filing 13 LETTER addressed to Judge Loretta A. Preska from Melanie Burgos, dated 1/17/23 re: We are unable to afford an attorney and have been advised to Pro Se. Your Honor, I would like to represent myself individually as well as represent Q4 Generational Wealth Inc. I would like to file for a motion to dismiss on all charges etc. Document filed by Melanie Burgos(In her individual capacity). (Attachments: #1 Exhibit 1)(sc) |
| Filing 12 AFFIDAVIT OF SERVICE. Q4 Generational Wealth, Inc. served on 12/27/2022, answer due 1/17/2023. Service was accepted by Sue Zouky, legal clerk. Document filed by Alicia Bloise..(Phillips, William) |
| Filing 11 AFFIDAVIT OF SERVICE. Jahee Bridgewater(In his individual capacity) served on 1/4/2023, answer due 1/25/2023. Service was accepted by FLUFFY SHELL (CO-WORKER). Document filed by Alicia Bloise..(Phillips, William) |
| Filing 10 AFFIDAVIT OF SERVICE. Melanie Burgos(In her individual capacity) served on 1/4/2023, answer due 1/25/2023; Melanie Burgos(In her official capacity) served on 1/4/2023, answer due 1/25/2023. Service was accepted by FLUFFY SHELL (CO-WORKER). Document filed by Alicia Bloise..(Phillips, William) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Q4 Generational Wealth, Inc.. (vf) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Q4 GENERATIONAL WEALTH, INC. d/b/a CALIENTES RESTAURANT & BAR, re: #1 Complaint,. Document filed by Alicia Bloise..(Calliste, Gregory) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Melanie Burgos.(vf) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Jahee Bridgewater.(vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Gregory Calliste, Jr to RE-FILE Document No. #5 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, Defendant Party Name Error. 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. (vf) |
| Magistrate Judge Stewart D. Aaron 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 Loretta A. Preska. 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) |
| Case Designated ECF. (vf) |
| Filing 5 FILING ERROR - DEFICIENT - SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to Q4 Generational Wealth, Inc, re: #1 Complaint,. Document filed by Alicia Bloise..(Calliste, Gregory) Modified on 12/13/2022 (vf). |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Melanie Burgos, in her official and individual capacities, re: #1 Complaint,. Document filed by Alicia Bloise..(Calliste, Gregory) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Jahee Bridgewater, in his official and individual capacities, re: #1 Complaint,. Document filed by Alicia Bloise..(Calliste, Gregory) |
| Filing 2 CIVIL COVER SHEET filed..(Calliste, Gregory) |
| Filing 1 COMPLAINT against Jahee Bridgewater, Melanie Burgos(In her individual capacity), Melanie Burgos(In her official capacity), Jahee Bridgewater, Q4 Generational Wealth, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-27075963)Document filed by Alicia Bloise..(Calliste, Gregory) |
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