Muhammad et al v. Alto Pharmacy LLC et al
| Afiyfah Muhammad, Darwin Wilson, Dominique Skinner and Collectively and on behalf of others similarly situated in the proposed FLSA and NYLL Collective Action |
| Alto Pharmacy LLC, JOHN DOES 1-10 (names being fictitious and used to connote an unidentified person responsible for this occurrence), JANE DOES 1-10 (names being fictitious and used to connote an unidentified person responsible for this occurrence), ABC CORPORATIONS 1-1O (names being fictitious and used to connote unidentified entities responsible for this occurrence), John Does 1-10, Jane Does 1-10 and ABC Corporations 1-10 |
| 1:2023cv11315 |
| December 30, 2023 |
| US District Court for the Southern District of New York |
| Katharine H Parker |
| Labor: Fair Standards |
| Plaintiff |
Docket Report
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| Filing 15 NOTICE OF APPEARANCE by Fred Victor Charles on behalf of Afiyfah Muhammad, Dominique Skinner, Darwin Wilson..(Charles, Fred) |
Filing 14
INITIAL CASE MANAGEMENT CONFERENCE ORDER: This action is scheduled for an Initial Case Management Conference in accordance with Rule 16(b) of the Federal Rules of Civil Procedure on Tuesday, March 26, 2024 at 2:00 p.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. and as set forth herein. Counsel attending must be authorized to make stipulations and admissions about all matters that can reasonably be anticipated for discussion at the Initial Case Management Conference. SO ORDERED. Initial Conference set for 3/26/2024 at 02:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker. (Signed by Magistrate Judge Katharine H. Parker on 2/23/2024) (ama)
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Filing 13
ORDER. In light of the parties executed consent form, Dkt. No. 12, the initial pretrial conference previously scheduled for August 5, 2024 before Judge Woods is adjourned sine die. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
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| Filing 12 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by ABC Corporations 1-10, Alto Pharmacy LLC, Jane Does 1-10, John Does 1-10, Afiyfah Muhammad, Dominique Skinner, Darwin Wilson. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Katharine H. Parker. (Signed by Judge Gregory H. Woods on 2/21/2024).(rro) |
| Filing 11 PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Alto Pharmacy LLC. Document filed by Alto Pharmacy LLC..(Grassotti, Lauren) |
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Filing 10
ORDER: On February 5, 2024 the Court directed the parties to confer as to whether they consent to proceeding before the assigned Magistrate Judge, and to submit either an executed consent form or a joint letter no later than February 19, 2024. Dkt. No. 8. Neither document has been submitted. Accordingly, the parties are directed to comply with the Court's February 5, 2024 order forthwith, and in no event later than February 23, 2024. (Signed by Judge Gregory H. Woods on 2/20/2024) (rro)
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Filing 9
MEDIATION REFERRAL ORDER FOR CASES FILED UNDER THE FAIR LABOR STANDARDS ACT 29 U.S.C. Sec. 201 et seq. This case, involving claims under the Fair Labor Standards Act (FLSA), 29 U.S.C. Sec. 201 et seq., has been assigned to this Court for all purposes. In the Courts experience, cases involving FLSA claims often benefit from early mediation. To that end, prior to a Rule 16(b) case management conference the Court is referring this case to the Mediation Office for settlement purposes under Local Civil Rule 83.9. To facilitate mediation the parties shall, within four weeks of this Order, confer and provide the items set forth in this Order. Mediator to be Assigned by 3/1/2024. (Signed by Judge Gregory H. Woods on 12/10/2019) (rpr)
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Filing 8
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 must 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 both parties consent to proceed before the Magistrate Judge, counsel for the defendant must, within two weeks of the date of this order file on ECF a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to this order (and also available at https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf). The executed form should be filed on ECF as a Proposed Consent to Jurisdiction by US Magistrate Judge, and be described using the Proposed Consent to Jurisdiction by US Magistrate Judge filing event in accordance with ECF Rule 13.27. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. 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 either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, within two weeks of the date of this order 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 Gregory H. Woods on 2/5/2024) (tg) Modified on 2/6/2024 (tg).
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| Filing 7 NOTICE OF APPEARANCE by Noel P. Tripp on behalf of Alto Pharmacy LLC..(Tripp, Noel) |
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Filing 6
ORDER granting #5 Letter Motion for Extension of Time to Answer re #5 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint,, addressed to Judge Gregory H. Woods from Lauren Grassotti dated February 2, 2024., #1 Complaint. Application granted. Defendant's application for an extension of time to answer or otherwise respond to the complaint, Dkt. No. 5, is granted. The deadline for Defendant to answer or otherwise respond to the complaint is extended to March 7, 2024. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 5. Alto Pharmacy LLC answer due 3/7/2024. (Signed by Judge Gregory H. Woods on 2/5/2024) (rro)
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| Filing 5 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint,, addressed to Judge Gregory H. Woods from Lauren Grassotti dated February 2, 2024. Document filed by Alto Pharmacy LLC..(Grassotti, Lauren) |
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Filing 4
NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties participate in an initial pretrial conference with the Court at the time listed below. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. Any open legal issues can be addressed at the conference. DUE DATE OF JOINT LETTER and PROPOSED CASE MANAGEMENT PLAN: July 29, 2024. DATE AND TIME OF CONFERENCE: August 5, 2024 at 4:00 p.m. The conference will be conducted by telephone. The parties are directed to the Court's Individual Rules of Practice in Civil Cases, which are available on the Court's website. Rule 2 of the Court's Individual Rules contains the dial-in number for the conference and other relevant instructions. The parties are specifically directed to comply with Rule 2(B) of the Court's Individual Rules. and as set forth herein. SO ORDERED.Telephonic Initial Conference set for 8/5/2024 at 04:00 PM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 1/02/2024) (ama)
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| Filing 3 ELECTRONIC SUMMONS ISSUED as to Alto Pharmacy LLC. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Tyrone Anthony Blackburn. The party information for the following party/parties has been modified: ABC CORPORATIONS 1-1O, JANE DOES 1-10, JOHN DOES 1-10, Dominique Skinner, Darwin Wilson, Afiyfah Muhammad. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted. (vf) |
| ***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Tyrone Anthony Blackburn. The following party/parties has been removed from this case: Collectively and on behalf of others similarly situated in the proposed FLSA and NYLL Collective Action. The party was added to the case in error. (vf) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Tyrone Anthony Blackburn. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (vf) |
| Magistrate Judge Katharine H. Parker 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Alto Pharmacy LLC, re: #1 Complaint,,. Document filed by Collectively and on behalf of others similarly situated in the proposed FLSA and NYLL Collective Action, Afiyfah Muhammad, Dominique Skinner, Darwin Wilson..(Blackburn, Tyrone) |
| Filing 1 COMPLAINT against ABC CORPORATIONS 1-1O (names being fictitious and used to connote unidentified entities responsible for this occurrence), Alto Pharmacy LLC, JANE DOES 1-10 (names being fictitious and used to connote an unidentified person responsible for this occurrence), JOHN DOES 1-10 (names being fictitious and used to connote an unidentified person responsible for this occurrence). (Filing Fee $ 405.00, Receipt Number ANYSDC-28752820)Document filed by Dominique Skinner, Darwin Wilson, Collectively and on behalf of others similarly situated in the proposed FLSA and NYLL Collective Action, Afiyfah Muhammad. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet).(Blackburn, Tyrone) |
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