Heimann v. Lingua Franca NYC Inc. et al
| Karen Heimann and Karen Heimann on behalf of all others similarly situated |
| Rachelle Hruska, Lingua Franca NYC Inc. and Rachelle Hruska MacPherson |
| 1:2023cv00954 |
| February 5, 2023 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Denial of Overtime Compensation |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 30, 2023. A more recent docket listing may be available from PACER.
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| Filing 18 EXHIBIT TO PLEADING re: #17 Amended Complaint,. Document filed by Karen Heimann, Karen Heimann on behalf of all others similarly situated..(Bernstein, Jonathan) |
| Filing 17 AMENDED COMPLAINT amending #16 Amended Complaint, against Rachelle Hruska, Lingua Franca NYC Inc. with JURY DEMAND.Document filed by Karen Heimann, Karen Heimann on behalf of all others similarly situated. Related document: #16 Amended Complaint,..(Bernstein, Jonathan) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jonathan Adam Bernstein to RE-FILE re: Document No. #16 Supplemental Amended Complaint. The filing is deficient for the following reason(s): the wrong event type was used to file the pleading; the pleading is amended more than 21 days after service of the original pleading; Court's leave has not been granted; the PDF must be titled to correspond with the event type used. 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. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (jgo) |
| Filing 16 FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON-COMPLIANCE SUPPLEMENTAL AMENDED COMPLAINT amending #1 Complaint against Rachelle Hruska, Lingua Franca NYC Inc. with JURY DEMAND.Document filed by Karen Heimann, Karen Heimann on behalf of all others similarly situated. Related document: #1 Complaint..(Bernstein, Jonathan) Modified on 4/4/2023 (jgo). |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 5/1/2023.(ah) |
Filing 15
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 3/23/2023. (Signed by Judge Analisa Torres on 12/10/2019) (rpr)
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Filing 14
ORDER granting #13 Letter Motion for Extension of Time to Answer re #13 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Analisa Torres from Adam S. Gross dated March 3, 2023. GRANTED. SO ORDERED. Rachelle Hruska answer due 4/24/2023; Lingua Franca NYC Inc. answer due 4/24/2023. (Signed by Judge Analisa Torres on 3/6/2023) (jca)
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| Filing 13 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Analisa Torres from Adam S. Gross dated March 3, 2023. Document filed by Rachelle Hruska, Lingua Franca NYC Inc...(Gross, Adam) |
| Filing 12 NOTICE OF APPEARANCE by Melanie Ross on behalf of Rachelle Hruska, Lingua Franca NYC Inc...(Ross, Melanie) |
| Filing 11 NOTICE OF APPEARANCE by Adam Simeon Gross on behalf of Rachelle Hruska, Lingua Franca NYC Inc...(Gross, Adam) |
| Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint. Rachelle Hruska served on 2/15/2023, answer due 3/8/2023. Service was accepted by Montana Thomas, Logistics Manager. Document filed by Karen Heimann; Karen Heimann on behalf of all others similarly situated..(Bernstein, Jonathan) |
| Filing 9 AFFIDAVIT OF SERVICE of Summons and Complaint. Lingua Franca NYC Inc. served on 2/15/2023, answer due 3/8/2023. Service was accepted by Montana Thomas, Logistics Manager. Document filed by Karen Heimann; Karen Heimann on behalf of all others similarly situated..(Bernstein, Jonathan) |
| ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Karen Heimann on behalf of all others similarly situated added. Party added pursuant to #1 Complaint.Document filed by Karen Heimann on behalf of all others similarly situated. Related document: #1 Complaint..(Bernstein, Jonathan) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Lingua Franca NYC Inc...(jgo) |
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Filing 7
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 2/8/2023) (jca)
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Filing 6
INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by June 5, 2022, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. COUNSEL FOR PLAINTIFF IS DIRECTED TO IMMEDIATELY SEND A COPY OF THIS ORDER AND THE COURT'S INDIVIDUAL PRACTICES TO ALL PARTIES. If this case has been settled or otherwise terminated, counsel are required to notify the Court before the deadline for the above submissions by calling (212) 805-0292 and must e-mail a stipulation of discontinuance, voluntary dismissal, or other proof of termination to the Orders and Judgments Clerk (judgments@nysd.uscourts.gov). (And as further set forth herein.) SO ORDERED. (Signed by Judge Analisa Torres on 2/8/2023) (jca)
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Filing 5
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by June 5, 2023, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Analisa Torres on 2/8/2023) (jca)
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| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Lingua Franca NYC Inc., Rachelle Hruska, re: #1 Complaint. Document filed by Karen Heimann..(Bernstein, Jonathan) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jonathan Adam Bernstein re: Document No. #1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; Karen Heimann must be added again with party text 'on behalf of all others similarly situated'. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jonathan Adam Bernstein re: Document No. #1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; Karen Heimann must be added again with party text 'on behalf of all others similarly situated'. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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..(sj) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jonathan Adam Bernstein. The party information for the following party/parties has been modified: Karen Heimann, Lingua Franca NYC Inc., Rachelle Hruska. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted; alias party name was omitted. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jonathan Adam Bernstein to RE-FILE Document No. #3 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; Plaintiff's attorney information was omitted on PDF. 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. (sj) |
| Magistrate Judge Barbara C. Moses 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. (sj) |
| Case Designated ECF. (sj) |
| Filing 3 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Lingua Franca NYC Inc., Rachelle Hruska, re: #1 Complaint. Document filed by Karen Heimann.(Bernstein, Jonathan) Modified on 2/6/2023 (sj). |
| Filing 2 CIVIL COVER SHEET filed..(Bernstein, Jonathan) |
| Filing 1 COMPLAINT against Rachelle Hruska, Lingua Franca NYC Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-27297462)Document filed by Karen Heimann..(Bernstein, Jonathan) |
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