Rivera v. Better Holdco, Inc.
| Daniel Rivera |
| Better Holdco, Inc. |
| 1:2023cv10635 |
| December 6, 2023 |
| US District Court for the Southern District of New York |
| Mary Kay Vyskocil |
| Labor: Family and Medical Leave Act |
| 29 U.S.C. ยง 2601 FMLA: Family and Medical Leave Act (Findings and Purposes) |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 21, 2024. A more recent docket listing may be available from PACER.
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| Filing 14 JOINT LETTER MOTION for Extension of Time addressed to Judge Mary Kay Vyskocil from Ethan Leonard dated January 30, 2024., LETTER MOTION for Extension of Time to File Response/Reply as to #13 LETTER MOTION for Leave to File Motion to Dismiss Plaintiff's Complaint addressed to Judge Mary Kay Vyskocil from Michael J. Lufkin dated January 26, 2024. addressed to Judge Mary Kay Vyskocil from Ethan Leonard dated January 30, 2024. Document filed by Daniel Rivera..(Leonard, Ethan) |
| Filing 13 LETTER MOTION for Leave to File Motion to Dismiss Plaintiff's Complaint addressed to Judge Mary Kay Vyskocil from Michael J. Lufkin dated January 26, 2024. Document filed by Better Holdco, Inc...(Lufkin, Michael) |
| Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #13 Letter Motion) - LETTER addressed to Judge Mary Kay Vyskocil from Michael J. Lufkin dated January 26, 2024 re: Defendant Better Holdco, Inc.'s pre-motion letter setting forth bases for anticipated motion to dismiss. Document filed by Better Holdco, Inc. (Lufkin, Michael) Modified on 1/30/2024 (db). As per ECF-ERROR Email Correspondence received on 1/29/2024 @ 10:10am. |
| Filing 11 MEMORANDUM OF LAW in Support re: #10 MOTION to Compel Arbitration . . Document filed by Better Holdco, Inc.. (Attachments: #1 Exhibit 1 - Affidavit of H. Menaker).(Lufkin, Michael) |
| Filing 10 MOTION to Compel Arbitration . Document filed by Better Holdco, Inc...(Lufkin, Michael) |
Filing 9
ORDER granting #7 Motion for Sarah B Purpura to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
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Filing 8
ORDER granting #6 Motion for Michael J Lufkin to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #6 MOTION for Michael J. Lufkin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28777802. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #7 MOTION for Sarah B. Purpura to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28777804. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) |
| Filing 7 MOTION for Sarah B. Purpura to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28777804. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Better Holdco, Inc.. (Attachments: #1 Affidavit of Sarah B. Purpura, #2 Exhibit Certificate of Good Standing, #3 Proposed Order Proposed Order).(Scherer, Richard) |
| Filing 6 MOTION for Michael J. Lufkin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28777802. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Better Holdco, Inc.. (Attachments: #1 Affidavit of Michael Lufkin, #2 Exhibit Certificate of Good Standing, #3 Proposed Order Proposed Order).(Scherer, Richard) |
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Filing 5
ORDER granting #4 Letter Motion for Extension of Time to Answer re #4 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Notice of Removal, addressed to Magistrate Judge Sarah L. Cave from Richard M. Scherer, Jr. dated 12/8/2023., #1 Notice of Removal,.Granted. SO ORDERED. Better Holdco, Inc. answer due 1/26/2024. (Signed by Judge Mary Kay Vyskocil on 12/8/2023) (tg)
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| Filing 4 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Notice of Removal, addressed to Magistrate Judge Sarah L. Cave from Richard M. Scherer, Jr. dated 12/8/2023. Document filed by Better Holdco, Inc...(Scherer, Richard) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Richard M Scherer, Jr.. The following case opening statistical information was erroneously selected/entered: Cause of Action code 29:2617 Family and Medical Leave Act of 1993. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:2601 FMLA: Family and Medical Leave Act (Findings and Purposes). (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Richard M Scherer, Jr.. The party information for the following party/parties has been modified: Better Holdco, Inc. The information for the party/parties has been modified for the following reason/reasons: alias party name entered was removed. (vf) |
| 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..(vf) |
| Magistrate Judge Sarah L. Cave is designated to handle matters that may be referred in this case. 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 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Better Home and Finance Holding Company for Better Holdco, Inc.. Document filed by Better Holdco, Inc...(Scherer, Richard) |
| Filing 2 CIVIL COVER SHEET filed..(Scherer, Richard) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 160781/2023. (Filing Fee $ 405.00, Receipt Number ANYSDC-28658676).Document filed by Better Holdco, Inc.. (Attachments: #1 Exhibit A - Complaint / State Court Documents).(Scherer, Richard) |
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| Plaintiff: Daniel Rivera | |
| Represented By: | Ethan York Leonard |
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| Defendant: Better Holdco, Inc. | |
| Represented By: | Richard M Scherer, Jr. |
| Represented By: | Michael J. Lufkin |
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