Williams et al v. Insomnia Cookies, LLC et al
| Michael Williams and Jonn Gibson |
| Insomnia Cookies, LLC doing business as Insomnia Cookies, Serve U Brands, Inc. and Seth Berkowitz |
| 1:2023cv03400 |
| April 23, 2023 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| None |
Docket Report
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This docket was last retrieved on May 19, 2023. A more recent docket listing may be available from PACER.
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Received e-mail from the United States District Court - Eastern District of Missouri acknowledging receipt of transferred case. Assigned Case Number: 4:23-cv-00669, filed on 05/19/2023. (sac)
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CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of Missouri.(rro)
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Filing 19
MEMORANDUM OPINION AND ORDER: In light of that conclusion, the August 2, 2023 initial pretrial conference is canceled, and the Clerk of Court is directed (1) to transfer this case to the United States District Court for the Eastern District of Missouri and (2) to close the case in this District. (Signed by Judge Jesse M. Furman on 5/12/2023) (rro) Transmission to Office of the Clerk of Court for processing.
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Filing 18
RESPONSE TO ORDER TO SHOW CAUSE re: #11 Order to Show Cause,,. Document filed by Seth Berkowitz, Insomnia Cookies, LLC, Serve U Brands, Inc...(Klein, Douglas)
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Filing 17
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Krispy Kreme, Inc. for Insomnia Cookies, LLC, Serve U Brands, Inc.. Document filed by Insomnia Cookies, LLC, Serve U Brands, Inc...(Klein, Douglas)
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Filing 16
NOTICE OF APPEARANCE by Noel P. Tripp on behalf of Seth Berkowitz, Insomnia Cookies, LLC, Serve U Brands, Inc...(Tripp, Noel)
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Filing 15
NOTICE OF APPEARANCE by Alex Jay Seidenberg on behalf of Seth Berkowitz, Insomnia Cookies, LLC, Serve U Brands, Inc...(Seidenberg, Alex)
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Filing 14
NOTICE OF APPEARANCE by Douglas Joseph Klein on behalf of Seth Berkowitz, Insomnia Cookies, LLC, Serve U Brands, Inc...(Klein, Douglas)
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Filing 13
REQUEST FOR WAIVER OF SERVICE sent to INSOMNIA COOKIES LLC d/b/a Insomnia Cookies; SERVE U BRANDS, INC.; and SETH BERKOWITZ. Document filed by Jonn Gibson, Michael Williams. Request for Waiver Mailed on 5/1/2023. Waiver of Service due by 5/31/2023. (Attachments: #1 Exhibit 01 Waiver of Service Form /mh).(Troy, John)
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Filing 12
RESPONSE TO ORDER TO SHOW CAUSE re: #11 Order to Show Cause,,. Document filed by Jonn Gibson, Michael Williams..(Troy, John)
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Filing 11
ORDER TO SHOW CAUSE. It is hereby ORDERED that Plaintiffs are to show cause in writing no later than May 3, 2023, why this case should not be transferred to the Eastern District of Missouri. If Plaintiffs file a response to this Order, Defendants shall file any response to Plaintiffs by May 8, 2023. If Plaintiffs do not respond to this Order by May 3, 2023, the Court will transfer the case to the Eastern District of Missouri without further notice. Plaintiffs are directed to electronically serve a copy of this Order on Defendants within one business day and to file proof of such service on the docket within two business days. SO ORDERED. ( Show Cause Response due by 5/8/2023.) (Signed by Judge Jesse M. Furman on 4/26/23) (yv)
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Filing 10
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Gabriel W. Gorenstein. No later than one week after an answer is filed, the parties shall contact the chambers of Magistrate Judge Gorenstein to schedule a settlement conference to take place at least two weeks before the initial pretrial conference. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/24/2023) (vfr)
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Filing 9
ORDER REGARDING EARLY SETTLEMENT CONFERENCE AND THE INITIAL PRETRIAL CONFERENCE: This case, involving claims under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. 201 et seq., has been assigned to this Court for all purposes. In the Court's experience, cases involving FLSA claims often benefit from an early settlement conference. To that end, by separate Order to be entered today, the Court is referring this case to the assigned Magistrate Judge for settlement purposes. Unless and until the Court orders otherwise, no later than one week after an answer is filed, the parties shall contact the Chambers of the assigned Magistrate Judge to schedule a settlement conference to take place at least two weeks before the initial pretrial conference scheduled below. Further, to facilitate those settlement discussions, the parties shall, no later than three weeks after an answer is filed, exchange limited discovery in aid of settlement; the parties shall confer with respect to the scope of such limited discovery, and promptly raise any disputes with the assigned Magistrate Judge in accordance with his or her Individual Rules and Practices, as further set forth herein. Separate and apart from the foregoing, unless and until the Court orders otherwise, counsel for all parties shall appear for an initial pretrial conference with the Court on August 2, 2023, at 9:00 a.m. The conference will be held remotely by telephone in accordance with Paragraph 3.B of the Court's Individual Rules and Practices in Civil Cases. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. (As further set forth in this Order.) SO ORDERED. Initial Conference set for 8/2/2023 at 09:00 AM before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 4/24/2023) (vfr)
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Filing 8
ELECTRONIC SUMMONS ISSUED as to Seth Berkowitz, Insomnia Cookies, LLC, Serve U Brands, Inc...(gp)
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Magistrate Judge Gabriel W. Gorenstein 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. (gp)
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Case Designated ECF. (gp)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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..(gp)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney John Troy. The party information for the following party/parties has been modified: all plaintiffs. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (gp)
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Filing 7
NOTICE OF APPEARANCE by Tiffany Troy on behalf of Jonn Gibson, Michael Williams..(Troy, Tiffany)
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Filing 6
NOTICE OF APPEARANCE by Aaron B. Schweitzer on behalf of Jonn Gibson, Michael Williams..(Schweitzer, Aaron)
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Filing 5
CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Jonn Gibson..(Troy, John)
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Filing 4
CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Michael Williams..(Troy, John)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to INSOMNIA COOKIES LLC d/b/a Insomnia Cookies; SERVE U BRANDS, INC.; and SETH BERKOWITZ, re: #1 Complaint,. Document filed by Jonn Gibson, Michael Williams..(Troy, John)
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Filing 2
CIVIL COVER SHEET filed..(Troy, John)
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Filing 1
COMPLAINT against Seth Berkowitz, Insomnia Cookies, LLC, Serve U Brands, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-27643261)Document filed by Michael Williams, Jonn Gibson. (Attachments: #1 Exhibit 01 Document Preservation Demand /mh).(Troy, John)
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