Washington v. Mavis Discount Tire, Inc.
| Justin Washington, Alcides Cortes, Gavin Mohring, James Carter and Tiffany Hammond |
| Mavis Discount Tire, Inc. and Mavis Tire Supply LLC doing business as Mavis Discount Tire |
| 1:2022cv10999 |
| December 30, 2022 |
| US District Court for the Southern District of New York |
| James L Cott |
| Paul G Gardephe |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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| Filing 60 JOINT LETTER MOTION to Stay Case, Toll Potential Claims by So Ordering the Attached Stipulation and Proposed Order addressed to Magistrate Judge James L. Cott from C.K. Lee dated September 29, 2023. Document filed by James Carter, Alcides Cortes, Tiffany Hammond, Gavin Mohring, Justin Washington(on behalf of themselves, FLSA Collective Plaintiffs, and the Class). (Attachments: #1 Exhibit Exhibit A - Stipulation and Proposed Order).(Lee, C.K.) |
| Filing 59 REPLY MEMORANDUM OF LAW in Support re: #36 MOTION to Certify Class (Conditional Collective Certification). . Document filed by James Carter, Alcides Cortes, Tiffany Hammond, Gavin Mohring, Justin Washington(on behalf of themselves, FLSA Collective Plaintiffs, and the Class)..(Lee, C.K.) |
Filing 58
ORDER granting #57 Letter Motion for Extension of Time to File Response/Reply re #57 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #36 MOTION to Certify Class (Conditional Collective Certification). addressed to Magistrate Judge James L. Cott from C.K. Lee dated September 7, 2023. Application granted. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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| Filing 57 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #36 MOTION to Certify Class (Conditional Collective Certification). addressed to Magistrate Judge James L. Cott from C.K. Lee dated September 7, 2023. Document filed by James Carter, Alcides Cortes, Tiffany Hammond, Gavin Mohring, Justin Washington(on behalf of themselves, FLSA Collective Plaintiffs, and the Class)..(Lee, C.K.) |
| Filing 56 AFFIRMATION of Jonathan M. Kozak in Opposition re: #36 MOTION to Certify Class (Conditional Collective Certification).. Document filed by Mavis Discount Tire, Inc., Mavis Tire Supply LLC. (Attachments: #1 Exhibit 1 - Declaration of Jim Gannon, #2 Exhibit 2 - Section 32j08 of DOL's field Handbook, #3 Exhibit 3 - Declaration of Ashaunie Aird, #4 Exhibit 4 - Declaration of Angel Cabrera, #5 Exhibit 5 - Declaration of Arshad Wohab, #6 Exhibit 6 - Declaration of Kyle Bartley, #7 Exhibit 7 - Declaration of Brandon Bethea, #8 Exhibit 8 - Declaration of Daniel Reyes, #9 Exhibit 9 - Declaration of Danny Antonio Perez, #10 Exhibit 10 - Declaration of Dave Savarese, #11 Exhibit 11 - Declaration of Emmanuel Arevalo, #12 Exhibit 12 - Declaration of Joshua Fowler, #13 Exhibit 13 - Declaration of Gerald Jones, #14 Exhibit 14 - Declaration of Glenn Stieglitz, #15 Exhibit 15 - Declaration of Howard Bethune, #16 Exhibit 16 - Declaration of Jason Arthur Watkins, #17 Exhibit 17 - Declaration of Jason P. Benedict, #18 Exhibit 18 - Declaration of Stephanie Jean-Baptiste, #19 Exhibit 19 - Declaration of Franklyn Jemmison, #20 Exhibit 20 - Declaration of Joseph B. Vielot, #21 Exhibit 21 - Declaration of Dernelle Joseph, #22 Exhibit 22 - Declaration of Juan Munoz, #23 Exhibit 23 - Declaration of Mark Parbat, #24 Exhibit 24 - Declaration of Scott Allen Gonyou, #25 Exhibit 25 - Declaration of Brandon Singh, #26 Exhibit 26 - Declaration of Thomas Black, #27 Exhibit 27 - Declaration of Reuden Chase, #28 Exhibit 28 - Declaration of Abby Gresko, #29 Exhibit 29 - Declaration of Adam Jamison, #30 Exhibit 30 - Declaration of Agustin Gonzalez, #31 Exhibit 31 - Declaration of Anthony Restrepo, #32 Exhibit 32 - Declaration of Gage Bartel, #33 Exhibit 33 - Declaration of Ivan Gonzalez, #34 Exhibit 34 - Declaration of Jakub Wierzbowka, #35 Exhibit 35 - Declaration of Jonathan Legorreta, #36 Exhibit 36 - Declaration of Jose Hernandez, #37 Exhibit 37 - Declaration of Matt Nava, #38 Exhibit 38 - Declaration of Salvador Gonzalez, #39 Exhibit 39 - Declaration of Tyler Ardoin, #40 Exhibit 40 - Declaration of Nathaniel Lozano, #41 Exhibit 41 - Declaration of Carlos Farmer, #42 Exhibit 42 - Declaration of Alex Flores, #43 Exhibit 43 - Declaration of Angelo Marku, #44 Exhibit 44 - Declaration of Ayden Boone, #45 Exhibit 45 - Declaration of Chandler Basham, #46 Exhibit 46 - Declaration of Christopher Leonard, #47 Exhibit 47 - Declaration of Dahlton Kirk, #48 Exhibit 48 - Declaration of Edwin Ramos, #49 Exhibit 49 - Declaration of Gus Valdes, #50 Exhibit 50 - Declaration of Jacob Cooper, #51 Exhibit 51 - Declaration of Jonathan Francois, #52 Exhibit 52 - Declaration of Jonathan Sanchez, #53 Exhibit 53 - Declaration of Joseph Zidek, #54 Exhibit 54 - Declaration of Josh Degraffenreid, #55 Exhibit 55 - Declaration of Juan Jose Delgado, #56 Exhibit 56 - Declaration of Karl Case, #57 Exhibit 57 - Declaration of Kobe Roberts, #58 Exhibit 58 - Declaration of Noah Weigold, #59 Exhibit 59 - Declaration of Rodley Virgile, #60 Exhibit 60 - Declaration of Ronald Soza, #61 Exhibit 61 - Declaration of Seth McRae, #62 Exhibit 62 - Declaration of Stanley Phillips, #63 Exhibit 63 - Declaration of Elijah Frye, #64 Exhibit 64 - Declaration of Steve Ragan, #65 Exhibit 65 - Declaration of Vernon Watson, #66 Exhibit 66 - Declaration of Abdelaziz Bluihi, #67 Exhibit 67 - Declaration of Mike Abril, #68 Exhibit 68 - Declaration of Thiago Silva, #69 Exhibit 69 - Declaration of Tyler Andia, #70 Exhibit 70 - Declaration of Tyler Lancaster, #71 Exhibit 71 - Declaration of Willie Yambao, #72 Exhibit 72 - Declaration of William Moulton, #73 Exhibit 73 - Declaration of Kendrick Lindquist, #74 Exhibit 74 - Declaration of Jordan Sanchez, #75 Exhibit 75 - Declaration of Saul Jara).(Kozak, Jonathan) |
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Filing 55
ORDER granting #54 Letter Motion for Extension of Time. Application granted. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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| Filing 54 LETTER MOTION for Extension of Time addressed to Magistrate Judge James L. Cott from Jonathan Kozak dated 09/01/2023. Document filed by Mavis Discount Tire, Inc., Mavis Tire Supply LLC..(Kozak, Jonathan) |
| Filing 53 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #56 Affirmation) - AFFIRMATION of Jonathan Kozak in Opposition re: #36 MOTION to Certify Class (Conditional Collective Certification). Document filed by Mavis Discount Tire, Inc., Mavis Tire Supply LLC. (Kozak, Jonathan) Modified on 9/6/2023 (db). As per ECF-ERROR Email Correspondence received on 9/5/2023 @ 3:20pm. |
| Filing 52 MEMORANDUM OF LAW in Opposition re: #36 MOTION to Certify Class (Conditional Collective Certification). . Document filed by Mavis Discount Tire, Inc., Mavis Tire Supply LLC..(Kozak, Jonathan) |
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Filing 51
ORDER granting #50 Letter Motion for Leave to File Excess Pages. Application granted. Defendant's opposition memorandum may be up to 35 pages and plaintiffs' reply memorandum may be up to 15 pages. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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| Filing 50 LETTER MOTION for Leave to File Excess Pages addressed to Magistrate Judge James L. Cott from Jonathan M. Kozak dated 08/30/2023. Document filed by Mavis Tire Supply LLC..(Kozak, Jonathan) |
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Filing 49
ORDER granting #48 Letter Motion for Extension of Time. Application granted, on consent. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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| Filing 48 LETTER MOTION for Extension of Time of The Briefing Schedule addressed to Magistrate Judge James L. Cott from Jonathan Kozak dated August 23, 2023. Document filed by Mavis Discount Tire, Inc., Mavis Tire Supply LLC..(Kozak, Jonathan) |
| Filing 46 DECLARATION of Trevor McBride in Support re: #36 MOTION to Certify Class (Conditional Collective Certification).. Document filed by James Carter, Alcides Cortes, Tiffany Hammond, Gavin Mohring, Justin Washington(on behalf of themselves, FLSA Collective Plaintiffs, and the Class)..(Lee, C.K.) |
| Filing 45 DECLARATION of Mardo Pineda in Support re: #36 MOTION to Certify Class (Conditional Collective Certification).. Document filed by James Carter, Alcides Cortes, Tiffany Hammond, Gavin Mohring, Justin Washington(on behalf of themselves, FLSA Collective Plaintiffs, and the Class)..(Lee, C.K.) |
| Filing 44 DECLARATION of Sean Mahase in Support re: #36 MOTION to Certify Class (Conditional Collective Certification).. Document filed by James Carter, Alcides Cortes, Tiffany Hammond, Gavin Mohring, Justin Washington(on behalf of themselves, FLSA Collective Plaintiffs, and the Class)..(Lee, C.K.) |
| Filing 43 DECLARATION of Alcides Cortes in Support re: #36 MOTION to Certify Class (Conditional Collective Certification).. Document filed by James Carter, Alcides Cortes, Tiffany Hammond, Gavin Mohring, Justin Washington(on behalf of themselves, FLSA Collective Plaintiffs, and the Class)..(Lee, C.K.) |
| Filing 42 DECLARATION of Gavin Mohring in Support re: #36 MOTION to Certify Class (Conditional Collective Certification).. Document filed by James Carter, Alcides Cortes, Tiffany Hammond, Gavin Mohring, Justin Washington(on behalf of themselves, FLSA Collective Plaintiffs, and the Class)..(Lee, C.K.) |
| Filing 41 DECLARATION of Tiffany Hammond in Support re: #36 MOTION to Certify Class (Conditional Collective Certification).. Document filed by James Carter, Alcides Cortes, Tiffany Hammond, Gavin Mohring, Justin Washington(on behalf of themselves, FLSA Collective Plaintiffs, and the Class)..(Lee, C.K.) |
| Filing 40 DECLARATION of James Carter in Support re: #36 MOTION to Certify Class (Conditional Collective Certification).. Document filed by James Carter, Alcides Cortes, Tiffany Hammond, Gavin Mohring, Justin Washington(on behalf of themselves, FLSA Collective Plaintiffs, and the Class)..(Lee, C.K.) |
| Filing 39 DECLARATION of Justin Washington in Support re: #36 MOTION to Certify Class (Conditional Collective Certification).. Document filed by James Carter, Alcides Cortes, Tiffany Hammond, Gavin Mohring, Justin Washington(on behalf of themselves, FLSA Collective Plaintiffs, and the Class). (Attachments: #1 Exhibit 1).(Lee, C.K.) |
| Filing 38 DECLARATION of C.K. Lee in Support re: #36 MOTION to Certify Class (Conditional Collective Certification).. Document filed by James Carter, Alcides Cortes, Tiffany Hammond, Gavin Mohring, Justin Washington(on behalf of themselves, FLSA Collective Plaintiffs, and the Class). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G).(Lee, C.K.) |
| Filing 37 MEMORANDUM OF LAW in Support re: #36 MOTION to Certify Class (Conditional Collective Certification). . Document filed by James Carter, Alcides Cortes, Tiffany Hammond, Gavin Mohring, Justin Washington(on behalf of themselves, FLSA Collective Plaintiffs, and the Class)..(Lee, C.K.) |
| Filing 36 MOTION to Certify Class (Conditional Collective Certification). Document filed by James Carter, Alcides Cortes, Tiffany Hammond, Gavin Mohring, Justin Washington(on behalf of themselves, FLSA Collective Plaintiffs, and the Class). (Attachments: #1 Exhibit 1 - Proposed Order).(Lee, C.K.) |
| Filing 35 LETTER addressed to Magistrate Judge James L. Cott from C.K. Lee dated August 15, 2023 re: Parties' Failure to Stipulate to 29 U.S.C. 216(b) Collective. Document filed by James Carter, Alcides Cortes, Tiffany Hammond, Gavin Mohring, Justin Washington(on behalf of themselves, FLSA Collective Plaintiffs, and the Class)..(Lee, C.K.) |
| FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 8/2/2023 at 10:00 AM in telephone or video conference.(sge) |
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Filing 34
STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Magistrate Judge James L. Cott on 6/23/2023) (jca)
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| Filing 33 PROPOSED PROTECTIVE ORDER. Document filed by James Carter, Alcides Cortes, Tiffany Hammond, Gavin Mohring, Justin Washington(on behalf of themselves, FLSA Collective Plaintiffs, and the Class). (Attachments: #1 Exhibit A - Proposed Protective Order).(Lee, C.K.) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 7/3/2023.(ah) |
| Set/Reset Deadlines: Discovery due by 8/15/2023. (jca) |
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Filing 32
JOINT SCHEDULING ORDER After consultation between the parties pursuant to Fed. R. Civ. Pro. R. 16 and R. 26(f) and the Court's Scheduling Order of May 2, 2023, the parties submit the below Proposed Joint Schedule Order to the Court for adoption: Discovery due by 8/15/2023. Any protective order must be submitted by June 22, 2023. The parties anticipate a trial in this matter lasting approximately five to ten days, and Plaintiff has requested a jury trial. All discovery (including requests for admission and any applications to the Court with respect to the conduct of discovery) must be initiated in time to be concluded by the deadline for all discovery. Any contention that a party has not responded properly to a discovery request must be brought to the Courts attention immediately and in accordance with the Courts Individual Practices. Any application for an extension of the time limitations herein must be made as soon as the cause for the extension becomes known to the party making the application. The application also must state the position of all other parties on the proposed extension and must show good cause therefore not foreseeable as of the date of this Order. Good cause as used in this paragraph does not include circumstances within the control of counsel or the party. Any application not in compliance with this paragraph will be denied. Failure to comply with the terms of this Order may also result in sanctions. (And as further set forth herein.) SO ORDERED. (Signed by Magistrate Judge James L. Cott on 5/23/2023) (jca) Modified on 5/23/2023 (jca).
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| Filing 31 NOTICE OF APPEARANCE by Robert A Kansao on behalf of James Carter, Alcides Cortes, Tiffany Hammond, Gavin Mohring, Justin Washington(on behalf of themselves, FLSA Collective Plaintiffs, and the Class)..(Kansao, Robert) |
| Minute Entry for proceedings held before Magistrate Judge James L. Cott: Initial Pretrial Conference held on 5/23/2023. (Tam, David) |
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Filing 30
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 5/23/2023. (Signed by Judge Paul G. Gardephe on 12/10/2019) (rpr)
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Filing 29
ORDER FOR CONFERENCE PURSUANT TO RULE 16: Counsel should contact chambers using the Court's conference line, (877) 873-8017 (Access Code: 5277586). (And as further set forth herein.) SO ORDERED. Initial Conference set for 5/23/2023 at 11:00 AM before Magistrate Judge James L. Cott. (Signed by Magistrate Judge James L. Cott on 5/2/2023) (jca)
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Filing 28
ORDER. The text order at Docket No. 27 was mistakenly filed in this case and should be ignored. The Court regrets the error and any confusion it may cause. (HEREBY ORDERED by Magistrate Judge James L. Cott) (Text Only Order) (Cott, James)
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Filing 27
ORDER. As discussed at today's telephone conference, the parties will engage in settlement discussions this week, and, if progress is made, will seek a referral back to the SDNY Mediation Program. Otherwise, defendant will submit its pre-motion conference letter to Judge Carter no later than May 12 in anticipation of its motion for summary judgment. As agreed by the parties, limited expert (damages) discovery will be held in abeyance until after the motion for summary judgment is decided (or alternatively, will be rendered moot if the case is settled). (HEREBY ORDERED by Magistrate Judge James L. Cott) (Text Only Order) (Cott, James)
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| Filing 26 ANSWER to #21 Amended Complaint,. Document filed by Mavis Discount Tire, Inc., Mavis Tire Supply LLC..(Kozak, Jonathan) |
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Filing 25
STIPULATION, IT IS HEREBY STIPULATED AND AGREED by and between the parties in the above captioned action, acting by means of their respective counsel, that Defendant shall have until May 1, 2023 to answer, move or otherwise respond with respect to the amended Complaint in the above matter. All Parties have agreed to this extension of time. IT IS FURTHER STIPULATED AND AGREED that Defendant also agrees to waive all defenses to invalid service of process and accept service of the Complaint and all amendments thereon. SO ORDERED. (All Defendants.)( Motions due by 5/1/2023.) (Signed by Magistrate Judge James L. Cott on 3/30/23) (yv)
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| Filing 24 PROPOSED STIPULATION AND ORDER. Document filed by James Carter, Alcides Cortes, Tiffany Hammond, Gavin Mohring, Justin Washington(on behalf of themselves, FLSA Collective Plaintiffs, and the Class)..(Lee, C.K.) |
| Filing 23 ELECTRONIC SUMMONS ISSUED as to Mavis Tire Supply LLC..(pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney C.K. Lee. The party information for the following party/parties has been modified: James Carter, Alcides Cortes, Tiffany Hammond, Gavin Mohring, Justin Washington.. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) |
| Filing 22 REQUEST FOR ISSUANCE OF SUMMONS as to Mavis Tire Supply LLC, re: #21 Amended Complaint,. Document filed by James Carter, Alcides Cortes, Tiffany Hammond, Gavin Mohring, Justin Washington..(Lee, C.K.) |
| Filing 21 FIRST AMENDED COMPLAINT amending #1 Complaint, against Mavis Tire Supply LLC with JURY DEMAND.Document filed by Justin Washington, Gavin Mohring, Alcides Cortes, Tiffany Hammond, James Carter. Related document: #1 Complaint,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Lee, C.K.) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney C.K. Lee to RE-FILE re: Document No. #20 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; add Mavis Tire Supply LLC with alias 'doing business as Mavis Discount Tire'; the 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. (jgo) |
| Filing 20 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR FIRST AMENDED COMPLAINT amending #1 Complaint, against Mavis Discount Tire, Inc. with JURY DEMAND.Document filed by Justin Washington, Gavin Mohring, Alcides Cortes, Tiffany Hammond, James Carter. Related document: #1 Complaint,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Lee, C.K.) Modified on 3/24/2023 (jgo). |
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Filing 19
ORDER denying as moot #13 Letter Motion for Conference re: #13 LETTER MOTION for Conference (Pre-Motion Conference) addressed to Judge Paul G. Gardephe from Jonathan M. Kozak dated 03/02/2023. Any Amended Complaint is to be filed by March 23, 2023. Defendants pre-motion letter regarding its anticipated motion to dismiss (Dkt. No. 13) is denied as moot. The Clerk of Court is directed to terminate the motion filed at Dkt. No. 13. (Signed by Judge Paul G. Gardephe on 3/14/2023) (ate)
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| Set/Reset Deadlines: Amended Pleadings due by 3/23/2023. (ate) |
| Filing 18 LETTER RESPONSE to Motion addressed to Judge Paul G. Gardephe from C.K. Lee dated March 7, 2023 re: #13 LETTER MOTION for Conference (Pre-Motion Conference) addressed to Judge Paul G. Gardephe from Jonathan M. Kozak dated 03/02/2023. . Document filed by Justin Washington..(Lee, C.K.) |
| Filing 17 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Tiffany Hammond..(Lee, C.K.) |
| Filing 16 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by James Carter..(Lee, C.K.) |
| Filing 15 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Gavin Mohring..(Lee, C.K.) |
| Filing 14 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Alcides Cortes..(Lee, C.K.) |
| Filing 13 LETTER MOTION for Conference (Pre-Motion Conference) addressed to Judge Paul G. Gardephe from Jonathan M. Kozak dated 03/02/2023. Document filed by Mavis Discount Tire, Inc...(Kozak, Jonathan) |
| Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Mavis Tire Holdings LLC for Mavis Discount Tire, Inc.. Document filed by Mavis Discount Tire, Inc...(Kozak, Jonathan) |
| Filing 11 NOTICE OF APPEARANCE by Jonathan Marc Kozak on behalf of Mavis Discount Tire, Inc...(Kozak, Jonathan) |
| Filing 10 NOTICE OF APPEARANCE by Alexander Scott Dahle on behalf of Mavis Discount Tire, Inc...(Dahle, Alexander) |
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Filing 9
ORDER granting #8 Letter Motion for Extension of Time to Answer re #8 MOTION for Extension of Time to File Answer re: #1 Complaint, .. Mavis Discount Tire, Inc. answer due 3/3/2023. The time for defendant to move, answer, or otherwise respond to the complaint is extended to March 3, 2023, on consent. Future applications of this kind should be directed to my attention, as Judge Gardephe has referred this case to me for general pretrial supervision. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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| Filing 8 MOTION for Extension of Time to File Answer re: #1 Complaint, . Document filed by Mavis Discount Tire, Inc...(Dahle, Alexander) |
| Filing 7 SUMMONS RETURNED EXECUTED. Mavis Discount Tire, Inc. served on 1/11/2023, answer due 2/1/2023. Document filed by Justin Washington..(Lee, C.K.) |
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Filing 6
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 James L. Cott. SO ORDERED. (Signed by Judge Paul G. Gardephe on 1/4/2023) (ks)
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| Filing 5 ELECTRONIC SUMMONS ISSUED as to Mavis Discount Tire, Inc.. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney C.K. Lee. The party information for the following party/parties has been modified: Justin Washington. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (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) |
| 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. (vf) |
| Case Designated ECF. (vf) |
| Filing 4 CONSENT TO SUE UNDER THE F.L.S.A. Document filed by Justin Washington..(Lee, C.K.) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Mavis Discount Tire, Inc., re: #1 Complaint,. Document filed by Justin Washington..(Lee, C.K.) |
| Filing 2 CIVIL COVER SHEET filed..(Lee, C.K.) |
| Filing 1 COMPLAINT against Mavis Discount Tire, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-27147893)Document filed by Justin Washington. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Lee, C.K.) |
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