Carter v. Fresh Dining Concepts LLC
| Kiera Carter |
| Fresh Dining Concepts LLC |
| 1:2023cv10713 |
| December 8, 2023 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Labor: Other |
| 28 U.S.C. ยง 1332 ct Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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Filing 12
STIPULATION EXTENDING TIME AND WAIVING SERVICE: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for the parties that: 1. Defendant has accepted service of the Complaint. 2. Defendant reserves all defenses in this action but waives all defenses concerning service of the underlying Complaint. 3. Defendant may answer, move, otherwise respond to the Complaint on or before March 1, 2024. No provision of this Stipulation shall be construed as a waiver of, and the parties expressly reserve, any and all rights and defenses with the exception of any and all defenses related to service of process which Defendant expressly agrees to waive herein. SO ORDERED., Fresh Dining Concepts LLC answer due 3/1/2024. (Signed by Judge Analisa Torres on 2/01/2024) (ama)
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| Filing 11 PROPOSED STIPULATION AND ORDER. Document filed by Kiera Carter..(Gangat, Mohammed) |
| Filing 10 NOTICE OF APPEARANCE by Roya S Aghanori on behalf of Fresh Dining Concepts LLC..(Aghanori, Roya) |
| Filing 9 NOTICE OF APPEARANCE by Eli Zev Freedberg on behalf of Fresh Dining Concepts LLC..(Freedberg, Eli) |
| Filing 8 SUMMONS RETURNED EXECUTED Summons and Complaint served. Fresh Dining Concepts LLC served on 12/21/2023, answer due 1/11/2024. Service was accepted by Colleen Banahan, Authorized Agent at Secretary of State, State of New York. Document filed by Kiera Carter..(Gangat, Mohammed) |
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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 12/12/2023) (vfr)
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Filing 6
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 all parties consent to proceed before the Magistrate Judge, counsel for Defendant shall, by February 12, 2024, file a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, available at https://nysd.uscourts.gov/node/754 and attached to this order, on the docket. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. An information sheet on proceedings before magistrate judges is also attached to this order. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by February 12, 2024, 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 12/12/2023) (vfr)
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Filing 5
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 February 12, 2024, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. SO ORDERED. (Signed by Judge Analisa Torres on 12/12/2023) (vfr)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to Fresh Dining Concepts LLC..(jgo) |
| Magistrate Judge Robyn F. Tarnofsky is so redesignated to handle matters that may be referred in this case. (laq) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Cathy Seibel. 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) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Andrew E. Krause 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. (jgo) |
| NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Cathy Seibel is no longer assigned to the case. (laq) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Fresh Dining Concepts LLC, re: #1 Complaint. Document filed by Kiera Carter..(Gangat, Mohammed) |
| Filing 2 CIVIL COVER SHEET filed..(Gangat, Mohammed) |
| Filing 1 COMPLAINT against Fresh Dining Concepts LLC. (Filing Fee $ 405.00, Receipt Number ANYSDC-28669372)Document filed by Kiera Carter..(Gangat, Mohammed) |
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| Plaintiff: Kiera Carter | |
| Represented By: | Mohammed Ahmed Gangat |
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| Defendant: Fresh Dining Concepts LLC | |
| Represented By: | Eli Zev Freedberg |
| Represented By: | Roya S Aghanori |
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