Brown v. New York Care at Home Ltd et al
| Dwyane Brown and Dwayne Brown |
| New York Care at Home Ltd and Igor Homecare, Inc. |
| 1:2024cv01055 |
| February 13, 2024 |
| US District Court for the Southern District of New York |
| Margaret M Garnett |
| Labor: Fair Standards |
| 29 U.S.C. § 020 |
| None |
Docket Report
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| Filing 14 JOINT LETTER MOTION for Leave to File Amended Complaint and Vacate the April 3, 2024 Order (ECF No. 10) addressed to Judge Margaret M. Garnett from Christopher P. Hampton, Esq. dated April 10, 2024. Document filed by Igor Homecare, Inc., New York Care at Home Ltd. (Attachments: #1 Exhibit A).(Hampton, Christopher) |
| Filing 13 CERTIFICATE OF SERVICE of Copy of Court's April 3, 2024 Order, ECF Dkt. No. 10 served on Defendants New York Care At Home LTD and Igor Homecare, Inc. on 4/5/2024. Service was made by Email. Document filed by Dwayne Brown. (Attachments: #1 Exhibit Copy of Email and Court's Order).(Zapata, Fausto) |
| Filing 12 NOTICE OF APPEARANCE by Ana Getiashvili on behalf of Igor Homecare, Inc., New York Care at Home Ltd..(Getiashvili, Ana) |
| Filing 11 NOTICE OF APPEARANCE by Christopher Paul Hampton on behalf of Igor Homecare, Inc., New York Care at Home Ltd..(Hampton, Christopher) |
Filing 10
ORDER: Based on the proofs of service filed on the docket in this matter, Defendants New York Care at Home Ltd. and Igor Homecare Ltd. appear to be in default. It is hereby ORDERED that Plaintiff shall file any motion for default judgment in accordance with the Court's Individual Rules & Practices no later than April 19, 2024. If Plaintiff's counsel submits calculations in support of any motion for default judgment, Plaintiff's counsel shall also email native versions of the files with the calculations (i.e., versions of the files in their original format, such as in.xlsx) to Chambers at GarnettNYSDChambers@nysd.uscourts.gov. If or when a motion for default judgment is filed, the Court will enter a further Order setting a deadline for any opposition and reply and scheduling a show cause hearing. If no motion for default judgment is filed by the deadline set forth above, the case may be dismissed for failure to prosecute without further notice to the parties. Plaintiff shall serve a copy of this Order electronically and/or by first-class mail and/or by in-person service on Defendants within two business days from the date of this Order and shall file proof of such service within three business days of the date of this Order. SO ORDERED. ( Motions due by 4/19/2024.) (Signed by Judge Margaret M. Garnett on 4/3/2024) (tg)
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| Filing 9 SUMMONS RETURNED EXECUTED Summons and Complaint served. New York Care at Home Ltd served on 3/6/2024, answer due 3/27/2024. Service was accepted by Nancy Dougherty, an authorized agent in the Office of the Secretary of State of New York. Document filed by Dwayne Brown..(Zapata, Fausto) |
| Filing 8 SUMMONS RETURNED EXECUTED Summons and Complaint served. Igor Homecare, Inc. served on 3/6/2024, answer due 3/27/2024. Service was accepted by Nancy Dougherty, an authorized agent in the Office of the Secretary of State of New York. Document filed by Dwayne Brown..(Zapata, Fausto) |
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Filing 7
MEDIATION REFERRAL ORDER FOR CASES THAT INCLUDE CLAIMS UNDER THE FAIR LABOR STANDARDS ACT 29 U.S.C. 201 et seq.: As part of a pilot program for cases involving claims under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. 201 et seq., the Clerk of Court is directed to enter this order in all newly filed FLSA cases on my docket. Since cases involving FLSA claims often benefit from early mediation, it is hereby ORDERED that, prior to the case management conference pursuant to Fed. R. Civ. P. 16(b), the Court is referring this case to mediation under Local Civil Rule 83.9; and that mediation shall be scheduled within 60 days. IT IS FURTHER ORDERED that to facilitate mediation the parties shall, within four weeks of this Order, confer and provide the following: and further set forth in this Order. Mediator to be Assigned by 3/1/2024. (Signed by Judge Margaret M. Garnett on 2/16/2024) (rro)
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| Filing 6 ELECTRONIC SUMMONS ISSUED as to New York Care at Home Ltd. (vf) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Igor Homecare, Inc.. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Margaret M. Garnett. 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) |
| Case Designated ECF. (vf) |
| Magistrate Judge Stewart D. Aaron 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) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Fausto Ernesto Zapata, Jr.. The party information for the following party/parties has been modified: Dwyane Brown. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (vf) |
| Filing 4 CIVIL COVER SHEET filed..(Zapata, Fausto) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to New York Care at Home Ltd, re: #1 Complaint. Document filed by Dwyane Brown..(Zapata, Fausto) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Igor Homecare, Inc., re: #1 Complaint. Document filed by Dwyane Brown..(Zapata, Fausto) |
| Filing 1 COMPLAINT against Igor Homecare, Inc., New York Care at Home Ltd. (Filing Fee $ 405.00, Receipt Number ANYSDC-28942722)Document filed by Dwyane Brown..(Zapata, Fausto) |
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