Gerasymenko v. Symbion Power Services U.S., Inc. et al
| Liubym Gerasymenko |
| Richard Nicholas Bethell, R.W. Chelsea Energie Ltd, Symbion Power Services U.S., Inc., Symbion Power Holdings LLC, Symbion Power, LLC, R.W. Chelsea Holdings Ltd., Paul Hinks, Richard Nicholas The Lord Westbury, Symbion Energy Holdings Ltd. and MyHydro LLC |
| 1:2023cv05612 |
| June 30, 2023 |
| US District Court for the Southern District of New York |
| Arun Subramanian |
| Mary Kay Vyskocil |
| Civil Rights: Jobs |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 12, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 35 CLERK'S CERTIFICATE OF DEFAULT as to R.W. Chelsea Holdings Ltd and R.W. Chelsea Energie Ltd (f/k/a Symbion Energy Holdings Ltd).(km) |
| Filing 34 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Liubym Gerasymenko..(Smith, Gregory) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 8/28/2023 (km). |
| Filing 33 DECLARATION of Gregory L. Smith in Support. Document filed by Liubym Gerasymenko..(Smith, Gregory) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Gregory Smith. RE-FILE Document No. #32 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): Please refer to ECF Rule 16.1. Re-file the proposed clerk's certificate as one entry (Filed under Proposed Orders, Proposed Clerk's Certificate of default). The declaration in support is filed as a separate entry. (Filed under other answers, declaration in support of a non-motion. (km) |
| Filing 32 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Liubym Gerasymenko. (Attachments: #1 Affidavit Declaration of Gregory L. Smith in Support of Request for Certificate of Default).(Smith, Gregory) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 8/28/2023 (km). |
| Filing 31 CERTIFICATE OF SERVICE of Summons and Complaint,. R.W. Chelsea Energie Ltd served on 7/19/2023, answer due 8/9/2023. Document filed by Liubym Gerasymenko..(Smith, Gregory) |
| Filing 30 CERTIFICATE OF SERVICE of Summons and Complaint,. R.W. Chelsea Holdings Ltd. served on 7/19/2023, answer due 8/9/2023. Document filed by Liubym Gerasymenko..(Smith, Gregory) |
| Filing 29 AFFIDAVIT OF SERVICE. Paul Hinks served on 8/17/2023, answer due 9/7/2023. Service was accepted by Julie Kurtzman Hinks on 8/16/23. Service was made by mail in addition to personal service on 8/17/23. Document filed by Liubym Gerasymenko..(Stark, Julie) |
Filing 28
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/16/2023 at 09:00 AM before Judge Arun Subramanian. The conference will be held via Microsoft Teams. The parties should dial in by calling (646) 453-4442 and entering the Phone Conference ID: 132 139 877, followed by the pound (#) sign. SO ORDERED. (Signed by Judge Arun Subramanian on 8/15/2023) (vfr)
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| NOTICE OF CASE REASSIGNMENT to Judge Arun Subramanian. Judge Mary Kay Vyskocil is no longer assigned to the case. (vba) |
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Filing 27
STIPULATION AND ORDER FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for Plaintiff, Liubym Gerasymenko ("Plaintiff"), and Defendants, Symbion Power Services U.S., Inc., Symbion Power Holdings LLC, Symbion Power LLC, and MyHydro LLC ("Defendants") that: 1. On June 30, 2023, Plaintiff initiated this action by filing the Complaint against, inter alia, Defendants. (D.N. 1.). 2. The parties seek to engage in good-faith discussions to potentially resolve their dispute. 3. Defendants' time to answer, move, or otherwise respond to the Complaint [D.N. 1] is hereby extended up to and including September 18, 2023, that deadline being forty-six (46) days from August 3, 2023. Based on this Court's docket, the original deadline for Defendants Symbion Power Services U.S., Inc., Symbion Power Holdings LLC, Symbion Power LLC was August 3, 2023. Based on this Court's docket, the original deadline for Defendant MyHydro LLC was August 4, 2023. 4. Defendants do not concede the validity of the service of process in this case and expressly reserve the right to challenge the sufficiency of such service, personal jurisdiction over the defendants, and expressly reserve all other affirmative defenses. 5. No other extensions have been agreed to or requested. IT IS SO ORDERED. Motions terminated: #26 LETTER MOTION for Extension of Time to File Answer or otherwise Respond to Complaint addressed to Judge Mary Kay Vyskocil from Christopher M. Chaisson dated August 3, 2023. filed by Symbion Power, LLC, Symbion Power Holdings LLC, Symbion Power Services U.S., Inc., MyHydro LLC. MyHydro LLC answer due 9/18/2023; Symbion Power Holdings LLC answer due 9/18/2023; Symbion Power Services U.S., Inc. answer due 9/18/2023; Symbion Power, LLC answer due 9/18/2023. (Signed by Judge Mary Kay Vyskocil on 8/3/2023) (tg)
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| Filing 26 LETTER MOTION for Extension of Time to File Answer or otherwise Respond to Complaint addressed to Judge Mary Kay Vyskocil from Christopher M. Chaisson dated August 3, 2023. Document filed by MyHydro LLC, Symbion Power Holdings LLC, Symbion Power Services U.S., Inc., Symbion Power, LLC. (Attachments: #1 Proposed Order Stipulation and [Proposed] Order for Extension of Time to Respond to Complaint).(Chaisson, Christopher) |
| Filing 25 NOTICE OF APPEARANCE by Christopher Michael Chaisson on behalf of MyHydro LLC, Symbion Power Holdings LLC, Symbion Power Services U.S., Inc., Symbion Power, LLC..(Chaisson, Christopher) |
| Filing 24 AFFIDAVIT OF SERVICE of Summons and Complaint,. MyHydro LLC served on 7/14/2023, answer due 8/4/2023. Service was accepted by Delaware Secretary of State. Document filed by Liubym Gerasymenko..(Smith, Gregory) |
| Filing 23 AFFIDAVIT OF SERVICE of Summons and Complaint,. Symbion Power, LLC served on 7/13/2023, answer due 8/3/2023. Service was accepted by Jiff Weng, Community Associate. Document filed by Liubym Gerasymenko..(Smith, Gregory) |
| Filing 22 AFFIDAVIT OF SERVICE of Summons and Complaint,. Symbion Power Holdings LLC served on 7/13/2023, answer due 8/3/2023. Service was accepted by Jiff Weng, Community Associate. Document filed by Liubym Gerasymenko..(Smith, Gregory) |
| Filing 21 AFFIDAVIT OF SERVICE of Summons and Complaint,. Symbion Power Services U.S., Inc. served on 7/13/2023, answer due 8/3/2023. Service was accepted by Jiff Weng, Community Associate. Document filed by Liubym Gerasymenko..(Smith, Gregory) |
| Filing 20 ELECTRONIC SUMMONS ISSUED as to MyHydro LLC. (vf) |
| Filing 19 ELECTRONIC SUMMONS ISSUED as to R.W. Chelsea Energie Ltd. (vf) |
| Filing 18 ELECTRONIC SUMMONS ISSUED as to Richard Nicholas Bethell. (vf) |
| Filing 17 ELECTRONIC SUMMONS ISSUED as to Paul Hinks. (vf) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to R.W. Chelsea Holdings Ltd.. (vf) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to Symbion Power, LLC. (vf) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to Symbion Power Holdings LLC. (vf) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to Symbion Power Services U.S., Inc.. (vf) |
| Filing 12 NOTICE OF APPEARANCE by Julie Stark on behalf of Liubym Gerasymenko..(Stark, Julie) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to MyHydro LLC, re: #1 Complaint,. Document filed by Liubym Gerasymenko..(Smith, Gregory) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to R.W. Chelsea Energie Ltd, re: #1 Complaint,. Document filed by Liubym Gerasymenko..(Smith, Gregory) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Richard Nicholas Bethell, re: #1 Complaint,. Document filed by Liubym Gerasymenko..(Smith, Gregory) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Paul Hinks, re: #1 Complaint,. Document filed by Liubym Gerasymenko..(Smith, Gregory) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to R.W. Chelsea Holdings Ltd, re: #1 Complaint,. Document filed by Liubym Gerasymenko..(Smith, Gregory) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Symbion Power LLC, re: #1 Complaint,. Document filed by Liubym Gerasymenko..(Smith, Gregory) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Symbion Power Holdings LLC, re: #1 Complaint,. Document filed by Liubym Gerasymenko..(Smith, Gregory) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Symbion Power Services US, Inc., re: #1 Complaint,. Document filed by Liubym Gerasymenko..(Smith, Gregory) |
| Filing 3 CIVIL COVER SHEET filed. (Attachments: #1 Supplement Continuation Sheet).(Smith, Gregory) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Attachments: #1 Supplement Additional Defendant Information).(Smith, Gregory) Modified on 6/30/2023 (pc). |
| Filing 1 COMPLAINT against Paul Hinks, MyHydro LLC, R.W. Chelsea Energie Ltd, R.W. Chelsea Holdings Ltd., Symbion Power Holdings LLC, Symbion Power Services U.S., Inc., Symbion Power, LLC, Richard Westbury. (Filing Fee $ 402.00, Receipt Number ANYSDC-27945137)Document filed by Liubym Gerasymenko. (Attachments: #1 Exhibit A-Employment Agreement, #2 Exhibit B-Settlement Agreement, #3 Exhibit C-Amendment to Settlement Agreement).(Smith, Gregory) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. 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..(pc) |
| 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. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Gregory Lamar Smith. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 790 (Labor: Other); Dollar Demand $1,000,000; Arbitration code v (Voluntary); County code New York;. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 442 (Civil Rights: Jobs); the Dollar Demand has been modified to blank; the Arbitration code has been deleted; the County code has been modified to XX Out of State;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Gregory Lamar Smith to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): multiple citizenships for the defendant were selected. Choose one for the first listed defendant. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Gregory Lamar Smith. The party information for the following party/parties has been modified: Richard Westbury, R.W. Chelsea Energie Ltd. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; alias party name was omitted;. (pc) |
| Case Designated ECF. (pc) |
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