Silva v. Consolidated Scaffolding, Inc. et al
| Wilber David Silva |
| Consolidated Scaffolding, Inc. and Tom Bowes |
| 1:2024cv04591 |
| June 17, 2024 |
| 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 August 30, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 23 LETTER REPLY to Response to Motion addressed to Judge Lorna G. Schofield from Brandon Thomas on behalf of Plaintiffs dated August 15, 2024 re: #15 LETTER MOTION for Leave to File Motion for Conditional Certification addressed to Judge Lorna G. Schofield from Brandon A. Thomas dated August 5, 2024. . Document filed by Wilber David Silva(Individually), Wilber David Silva(On Behalf Of All Others Similarly Situated)..(Houlding, Rebecca) |
Filing 22
MEMO ENDORSEMENT on re: #21 Letter filed by Consolidated Scaffolding, Inc., Tom Bowes. ENDORSEMENT: Plaintiff shall respond by August 20, 2024. The initial pretrial conference scheduled for August 21, 2024, is adjourned to September 4, 2024, at 4:20pm. The materials described at Dkt. 7 shall be filed by August 28, 2024. By August 20, 2024, Defendant shall file a letter stating how many putative plaintiffs there are, and of those, how many Defendant asserts signed arbitration agreements. Defendant may approximate if precise numbers are unavailable. The parties are reminded of the Court's Individual Rule III.B.2, which requires parties to endeavor to cite the most recent binding authority available, which includes only Supreme Court and Second Circuit authority. So Ordered. (Initial Conference set for 9/4/2024 at 04:20 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 8/13/2024) (mml)
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| Filing 21 LETTER addressed to Judge Lorna G. Schofield from Christopher Smith dated 8/12/24 re: pre-motion letter-Defendants' motion to dismiss. Document filed by Tom Bowes, Consolidated Scaffolding, Inc...(Smith, Christopher) |
| Filing 20 LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield from Christopher Smith dated 8/12/24 re: #15 LETTER MOTION for Leave to File Motion for Conditional Certification addressed to Judge Lorna G. Schofield from Brandon A. Thomas dated August 5, 2024. . Document filed by Tom Bowes, Consolidated Scaffolding, Inc...(Smith, Christopher) |
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Filing 19
ORDER: It is hereby ORDERED that, Defendants shall respond to Plaintiff's letter (as described in the Court's Individual Rules) regarding conditional certification of a collective by August 12, 2024. It is further ORDERED that, in light of the lenient standard for such a motion, the parties are directed to meet and confer in advance of the initial pretrial conference regarding the possibility of stipulating to conditional certification and the form of notice, reserving all of Defendants' rights to object to any final certification under the more rigorous standard that applies at that stage. It is further ORDERED that Plaintiff's proposed motion for conditional certification of a collective will be addressed at the initial pretrial conference already scheduled for August 21, 2024, at 4:20pm. (Signed by Judge Lorna G. Schofield on 8/6/2024) (mml)
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| Filing 18 FIRST AMENDED COMPLAINT amending #1 Complaint, against Tom Bowes, Consolidated Scaffolding, Inc. with JURY DEMAND.Document filed by Wilber David Silva(Individually), Wilber David Silva(On Behalf Of All Others Similarly Situated). Related document: #1 Complaint,..(Houlding, Rebecca) |
| Filing 17 JOINT LETTER addressed to Judge Lorna G. Schofield from Brandon A. Thomas and Christopher Smith dated August 5, 2024 re: Response to Court Orders Docs. 7 and 11. Document filed by Wilber David Silva(Individually), Wilber David Silva(On Behalf Of All Others Similarly Situated)..(Houlding, Rebecca) |
| Filing 16 PROPOSED CASE MANAGEMENT PLAN. Document filed by Wilber David Silva(Individually), Wilber David Silva(On Behalf Of All Others Similarly Situated)..(Houlding, Rebecca) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Rebecca Joan Houlding to RE-FILE Document No. #14 Amended Complaint,. The filing is deficient for the following reason(s): the All Defendant radio button was selected;. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
| Filing 15 LETTER MOTION for Leave to File Motion for Conditional Certification addressed to Judge Lorna G. Schofield from Brandon A. Thomas dated August 5, 2024. Document filed by Wilber David Silva(Individually), Wilber David Silva(On Behalf Of All Others Similarly Situated)..(Houlding, Rebecca) |
| Filing 14 FILING ERROR - DEFICIENT DOCKET ENTRY - FILED AGAINST PARTY ERROR - FIRST AMENDED COMPLAINT amending #1 Complaint, against All Defendants with JURY DEMAND.Document filed by Wilber David Silva(Individually). Related document: #1 Complaint,..(Houlding, Rebecca) Modified on 8/6/2024 (pc). |
| Filing 13 NOTICE of of Service of Documents. Document filed by Wilber David Silva(Individually), Wilber David Silva(On Behalf Of All Others Similarly Situated)..(Houlding, Rebecca) |
| Filing 12 NOTICE OF APPEARANCE by Christopher A. Smith on behalf of Consolidated Scaffolding, Inc...(Smith, Christopher) |
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Filing 11
ORDER It is hereby ORDERED that, if Plaintiff is in communication with Defendants, the parties shall file the joint letter and proposed case management plan as soon as possible and no later than August 7, 2024, and shall explain why they have not complied with the Court's deadlines. If Defendants refuse to cooperate in the preparation of these documents, Plaintiff shall prepare and file them. If Plaintiff is not in communication with the Defendants, no later than August 7, 2024, Plaintiff shall file a status letter (1) requesting further adjournment of the initial conference for up to 30 days and (2) proposing a date prior to the conference to present an Order to Show Cause for default judgment as to Defendants and related papers as provided in the Court's Individual Rules. It is further ORDERED that the initial pretrial conference scheduled for August 7, 2024, is adjourned to August 21, 2024, at 4:20 P.M. Initial Conference set for 8/21/2024 at 04:20 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 8/1/2024) (jca)
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| Filing 10 NOTICE OF APPEARANCE by Brandon Alexander Thomas on behalf of Wilber David Silva(Individually), Wilber David Silva(On Behalf Of All Others Similarly Situated)..(Thomas, Brandon) |
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Filing 9
ORDER granting #8 Motion for Brandon Alexander Thomas to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #8 MOTION for Brandon Alexander Thomas 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. (rju) |
| Filing 8 MOTION for Brandon Alexander Thomas to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wilber David Silva(Individually), Wilber David Silva(On Behalf Of All Others Similarly Situated). (Attachments: #1 Affidavit Affidavit in Support of Motion for Admission Pro Hac Vice, #2 Exhibit Certificate Good Standing GA, #3 Exhibit Certificate of Good Standing IL, #4 Proposed Order Proposed Order).(Houlding, Rebecca) |
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Filing 7
ORDER FOR INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that a telephonic conference will be held on 8/7/2024 at 4:20 p.m. The parties shall call (888) 363-4749 and enter the access code 558-3333. The telephonic conference is public, and the time of the conference is approximate, but the parties shall be ready to proceed by that time. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties shall ensure they are all dialed into the conference call by the appointed conference time. Initial Conference set for 8/7/2024 at 04:20 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 6/20/2024) (rro)
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| Filing 6 FILING ERROR - PDF ERROR - MOTION for Brandon Alexander Thomas to Appear Pro Hac Vice on Behalf of Plaintiffs. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wilber David Silva(Individually), Wilber David Silva(On Behalf Of All Others Similarly Situated). (Attachments: #1 Affidavit Affidavit in Support of Motion for Admission Pro Hac Vice, #2 Exhibit Certificate Good Standing - GA, #3 Exhibit Certificate of Good Standing - IL, #4 Proposed Order Proposed Order).(Houlding, Rebecca) Modified on 6/20/2024 (bc). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #6 MOTION for Brandon Alexander Thomas to Appear Pro Hac Vice on Behalf of Plaintiffs. 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 Illinois;. 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.. (bc) |
| Filing 5 FILING ERROR - PDF ERROR - MOTION for Brandon Alexander Thomas to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29501542. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wilber David Silva(Individually), Wilber David Silva(On Behalf Of All Others Similarly Situated). (Attachments: #1 Affidavit Affidavit in Support of Motion for Admission Pro Hac Vice, #2 Exhibit Certificate Good Standing, #3 Exhibit Certificate of Good Standing, #4 Proposed Order Proposed Order).(Houlding, Rebecca) Modified on 6/18/2024 (bc). |
| Filing 4 WAIVER OF SERVICE RETURNED EXECUTED. Tom Bowes waiver sent on 6/17/2024, answer due 8/16/2024. Document filed by Tom Bowes..(Smith, Christopher) |
| Filing 3 WAIVER OF SERVICE RETURNED EXECUTED. Consolidated Scaffolding, Inc. waiver sent on 6/17/2024, answer due 8/16/2024. Document filed by Consolidated Scaffolding, Inc...(Smith, Christopher) |
| Case Designated ECF. (pc) |
| Magistrate Judge Barbara C. Moses 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. (pc) |
| 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..(pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Rebecca Joan Houlding. The party information for the following party/parties has been modified: Wilber David Silva, Tom Bowes, Consolidated Scaffolding, Inc. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; party text was removed. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Rebecca Joan Houlding re: Document No. #1 Complaint,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; Add Wilber David Silva to CM ECF "On Behalf Of All Others Similarly Situated". Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (pc) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #5 MOTION for Brandon Alexander Thomas to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29501542. 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 Illinois;. 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.. (bc) |
| ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Wilber David Silva, Wilber David Silva added. Party added pursuant to #1 Complaint,.Document filed by Wilber David Silva, Wilber David Silva. Related document: #1 Complaint,..(Houlding, Rebecca) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Rebecca Joan Houlding. The following case opening statistical information was erroneously selected/entered: Cause of Action code blank;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:201;. (pc) |
| Filing 2 CIVIL COVER SHEET filed..(Houlding, Rebecca) |
| Filing 1 COMPLAINT against Tom Bowes, Consolidated Scaffolding, Inc.. (Filing Fee $ 405.00, Receipt Number ANYSDC-29494047)Document filed by Wilber David Silva. (Attachments: #1 Exhibit Silva Consent - Party Plaintiff, #2 Exhibit Conce Consent - Opt In Plaintiff).(Houlding, Rebecca) |
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