Coluzzi et al v. Bank of America, N. A.
| Diane Coluzzi, Michael Marchelos and Gary Lieb |
| Bank of America, N. A. |
| 1:2023cv06885 |
| August 4, 2023 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 12, 2024. A more recent docket listing may be available from PACER.
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Filing 22
ORDER granting #14 Motion for Caleb Jospeph Wagner to Appear Pro Hac Vice; granting #19 Motion for Alexander T. Ricke to Appear Pro Hac Vice; and granting #21 Motion for George Allan Hanson to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
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| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Gary Stein. Please note that this is a reassignment of the designation only. (tro) |
| NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Gary Stein, for Settlement. Magistrate Judge Gabriel W. Gorenstein no longer referred to the case. (tro) |
| Filing 21 MOTION for George Allan Hanson to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Diane Coluzzi, Gary Lieb, Michael Marchelos. (Attachments: #1 Affidavit George A. Hanson, #2 Exhibit Certificate of Good Standing MO, #3 Exhibit Certificate of Good Standing KS, #4 Proposed Order for George A. Hanson).(Hanson, George) |
| Filing 20 NOTICE of Filing of Consent to Sue. Document filed by Diane Coluzzi. (Attachments: #1 Exhibit 1 Consent to Sue).(Dunn, Matthew) |
| Filing 19 MOTION for Alexander T. Ricke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28344629. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Diane Coluzzi, Gary Lieb, Michael Marchelos. (Attachments: #1 Affidavit Alexander T. Ricke, #2 Exhibit Certificate of Good Standing MO, #3 Exhibit Certificate of Good Standing KS, #4 Exhibit Certificate of Good Standing IL, #5 Proposed Order for Alexander T. Ricke).(Ricke, Alexander) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for Alexander T. Ricke to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-28344629. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (va) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #21 MOTION for George Allan Hanson to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (va) |
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Filing 18
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). Amended Pleadings due by 11/7/2023. Joinder of Parties due by 11/7/2023. Fact Discovery due by 1/23/2024. Expert Discovery due by 3/8/2024. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 5 days (Defendant); 8-10 days (Plaintiffs). Pre-Motion Conference set for 3/27/2024 at 04:10 PM before Judge Lorna G. Schofield. A party wishing to file a summary judgment or other dispositive motion shall file a pre-motion letter at least two weeks before the conference and in the form provided in the Court's Individual Rule III.A.1. Any party wishing to oppose shall file a responsive letter as provided in the same Individual Rule. The motion will be discussed at the conference. To join the conference, the parties shall call (888) 363-4749 and use Access Code 558-3333. The time of the conference is approximate, but the parties shall be ready to proceed at that time. The Clerk of Court is directed to enter the dates under paragraphs 5, 6, 8(a), 9(b)-(c) and 13(a)-(c) into the Court's calendar, and to schedule the conference under paragraph 13(c) as a Pre-Motion Conference, even though the conference will be held by telephone. SO ORDERED. (Signed by Judge Lorna G. Schofield on 9/25/2023) (mml)
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Filing 17
ORDER: It is hereby ORDERED that the September 27, 2023, initial pretrial conference is CANCELLED. If the parties believe that a conference would nevertheless be useful, they should inform the court immediately so the conference can be reinstated. The case management plan and scheduling order will issue separately. The parties' attention is directed to the provisions for periodic status letters, and the need for a pre-motion letter to avoid cancellation of the final conference and setting of a trial date. It is further ORDERED that if Defendant seeks to file a motion to dismiss, they shall file a pre-motion letter pursuant to Individual Rules III.A.1 and III.C.2. It is further ORDERED, regarding settlement discussions, the parties' request for a referral to mediation is GRANTED. The referral will issue in a separate order. The parties are apprised that participation in mediation does not provide cause to stay discovery. The parties should be aware that the Court does not extend the deadlines for fact and expert discovery absent compelling circumstances. (Signed by Judge Lorna G. Schofield on 9/25/2023) (mml)
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Filing 16
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. SO ORDERED. (Signed by Judge Lorna G. Schofield on 9/25/2023) (vfr)
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| Filing 15 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for George Allan Hanson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28316340. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Diane Coluzzi, Gary Lieb, Michael Marchelos. (Attachments: #1 Affidavit George A. Hanson, #2 Exhibit Certificate of Good Standing, #3 Proposed Order for George A. Hanson).(Hanson, George) Modified on 9/20/2023 (sgz). |
| Filing 14 MOTION for Caleb Jospeph Wagner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28316153. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Diane Coluzzi, Gary Lieb, Michael Marchelos. (Attachments: #1 Affidavit Caleb Wagner, #2 Exhibit Certificate of Good Standing, #3 Proposed Order for Caleb Wagner).(Wagner, Caleb) |
| Filing 13 JOINT LETTER addressed to Judge Lorna G. Schofield from Adam P. KohSweeney and Matt Dunn dated September 20, 2023 re: Initial Pretrial Conference. Document filed by Bank of America, N. A.. (Attachments: #1 Exhibit A - Joint Civil Case Management Plan and Scheduling Order).(KohSweeney, Adam) |
| Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent BAC North America Holding Company, Other Affiliate Berkshire Hathaway Inc., 3555 Farnam Street, Omaha, Nebraska 68131, Other Affiliate Bank of America Corporation, Other Affiliate NB Holdings Corporation for Bank of America, N. A.. Document filed by Bank of America, N. A...(KohSweeney, Adam) |
| Filing 11 NOTICE OF APPEARANCE by Sloane Ackerman on behalf of Bank of America, N. A...(Ackerman, Sloane) |
| Filing 10 NOTICE OF APPEARANCE by Adam KohSweeney on behalf of Bank of America, N. A...(KohSweeney, Adam) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #15 MOTION for George Allan Hanson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28316340. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Kansas;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (sgz) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for Caleb Jospeph Wagner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28316153. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| Filing 9 CERTIFICATE OF SERVICE of Judge Lorna G. Schofields Order (Docket No. 6) and the Courts Individual Rules served on BANK OF AMERICA, N.A. on 08/21/2023. Service was accepted by Sloane Ackerman, Esq. and Adam P. Kohsweeney, Esq. Service was made by EMAIL. Document filed by Diane Coluzzi, Gary Lieb, Michael Marchelos..(Dunn, Matthew) |
| Filing 8 WAIVER OF SERVICE RETURNED EXECUTED. All Defendants. Document filed by Diane Coluzzi, Gary Lieb, Michael Marchelos..(Dunn, Matthew) |
| Filing 7 NOTICE of Filing of Consents to Sue. Document filed by Diane Coluzzi. (Attachments: #1 Exhibit Consent to Sue Long, #2 Exhibit Consent to Sue Arena).(Dunn, Matthew) |
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Filing 6
ORDER: The parties shall call (888) 363-4749 and enter the access code 558-3333. IPTC MATERIALS DUE: September 20, 2023 at noon. (And as further set forth herein.) Initial Conference set for 9/27/2023 at 04:10 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 8/8/2023) (jca)
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| Filing 5 ELECTRONIC SUMMONS ISSUED as to Bank of America, N. A...(jgo) |
| Filing 4 CIVIL COVER SHEET filed..(Dunn, Matthew) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Matthew Thomas Dunn to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; the Nature of Suit and Basis of Jurisdiction codes selected is not a valid combination on CM/ECF; select either a different Nature of Suit code or Basis of Jurisdiction code. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Matthew Thomas Dunn. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to Nassau;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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..(jgo) |
| 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. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Bank of America, N.A., re: #1 Complaint,. Document filed by Diane Coluzzi, Gary Lieb, Michael Marchelos..(Dunn, Matthew) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Dunn, Matthew) Modified on 8/7/2023 (jgo). |
| Filing 1 COMPLAINT against Bank of America, N. A.. (Filing Fee $ 402.00, Receipt Number ANYSDC-28105954)Document filed by Diane Coluzzi, Gary Lieb, Michael Marchelos. (Attachments: #1 Exhibit 1 CTS Coluzzi, #2 Exhibit 2 CTS Marchelos, #3 Exhibit 3 CTS Lieb).(Dunn, Matthew) |
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