Guerrero v. GoPuff et al
| Joel Guerrero, Junior Janvier, Omar Jerome, Muhammed Sesay, Jose Diaz and Mike Moise |
| Rafael Ilishayev, GoPuff, GB Logistics LLC, Gobrands, Inc. and Yakir Gola |
| 1:2024cv06727 |
| September 4, 2024 |
| US District Court for the Southern District of New York |
| Jennifer H Rearden |
| Labor: Fair Standards |
| 29 U.S.C. § 206 FLSA: Minimum Wage |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 17, 2024. A more recent docket listing may be available from PACER.
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| Filing 27 DECLARATION of Jordan Holtzman-Conston in Support re: #23 MOTION to Compel Arbitration and Dismiss the Amended Complaint.. Document filed by GoPuff, Gobrands, Inc., Yakir Gola, Rafael Ilishayev, GB Logistics LLC. (Attachments: #1 Exhibit A - Agreement of Joel Guerrero, #2 Exhibit B - Agreement of Junior Janvier, #3 Exhibit C - Agreement of Mike Moise, #4 Exhibit D - Agreement of Jose Diaz, #5 Exhibit E - Agreement of Kasim Omar Jerome, #6 Exhibit F - Agreement of Muhammed Sesay, #7 Exhibit G - Agreement of Muhammed Sesay).(Burns, Jason) |
| Filing 26 MEMORANDUM OF LAW in Support re: #23 MOTION to Compel Arbitration and Dismiss the Amended Complaint. . Document filed by GoPuff, Gobrands, Inc., Yakir Gola, Rafael Ilishayev, GB Logistics LLC..(Burns, Jason) |
| Filing 25 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT#27) DECLARATION of Jordan Holtzman-Conston in Support re: #23 MOTION to Compel Arbitration and Dismiss the Amended Complaint.. Document filed by GoPuff, Gobrands, Inc., Yakir Gola, Rafael Ilishayev, GB Logistics LLC. (Attachments: #1 Exhibit A (Agreement of Joel Guerrero), #2 Exhibit B (Agreement of Junior Janvier), #3 Exhibit C (Agreement of Mike Moise), #4 Exhibit D (Agreement of Jose Diaz), #5 Exhibit E (Agreement of Kasim Omar Jerome), #6 Exhibit F (Agreement of Muhammed Sesay), #7 Exhibit G (Agreement of Muhammed Sesay)).(Burns, Jason) Modified on 12/17/2024 (lb). |
| Filing 24 DECLARATION of Jason D. Burns in Support re: #23 MOTION to Compel Arbitration and Dismiss the Amended Complaint.. Document filed by GoPuff, Gobrands, Inc., Yakir Gola, Rafael Ilishayev, GB Logistics LLC..(Burns, Jason) |
| Filing 23 MOTION to Compel Arbitration and Dismiss the Amended Complaint. Document filed by GoPuff, Gobrands, Inc., Yakir Gola, Rafael Ilishayev, GB Logistics LLC..(Burns, Jason) |
Filing 21
ORDER granting #20 Letter Motion for Extension of Time to Answer Application GRANTED. Defendants' deadline to respond to the Amended Complaint is extended to December 16, 2024. Plaintiffs shall file their opposition to Defendants' anticipated motion to compel individual arbitration by January 16, 2025. The Clerk of Court is directed to terminate ECF No. 20. SO ORDERED. GB Logistics LLC answer due 12/16/2024; GoPuff answer due 12/16/2024; Gobrands, Inc. answer due 12/16/2024; Yakir Gola answer due 12/16/2024; Rafael Ilishayev answer due 12/16/2024. (Signed by Judge Jennifer H. Rearden on 11/26/2024) (jca)
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| Set/Reset Deadlines: Responses due by 1/16/2024 (jca) |
| Filing 20 CONSENT LETTER MOTION for Extension of Time to File Answer re: #19 Amended Complaint, from 12/2/2024 to 12/16/2024 to file their anticipated motion to compel individual arbitation in response to the Amended Complaint addressed to Judge Jennifer H. Rearden from Jason Burns, Esq. dated November 25, 2024. Document filed by Gobrands, Inc., Yakir Gola, Rafael Ilishayev, GB Logistics LLC..(Burns, Jason) |
| Filing 19 AMENDED COMPLAINT amending #18 Amended Complaint, #1 Complaint against GB Logistics LLC, GoPuff, Gobrands, Inc., Yakir Gola, Rafael Ilishayev with JURY DEMAND.Document filed by Omar Jerome, Jose Diaz, Joel Guerrero, Mike Moise, Muhammed Sesay, Junior Janvier. Related document: #18 Amended Complaint, #1 Complaint..(Harman, Walker) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Walker Green Harman to RE-FILE Document No. #18 Amended Complaint,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were 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. (jgo) |
| Filing 18 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR AMENDED COMPLAINT amending #1 Complaint against GB Logistics LLC, GoPuff, Gobrands, Inc., Yakir Gola, Rafael Ilishayev, Jose Diaz, Junior Janvier, Omar Jerome, Muhammed Sesay, Mike Moise with JURY DEMAND.Document filed by Joel Guerrero, Jose Diaz, Junior Janvier, Omar Jerome, Muhammed Sesay, Mike Moise. Related document: #1 Complaint..(Harman, Walker) Modified on 11/19/2024 (jgo). |
| Filing 17 NOTICE OF APPEARANCE by Shira Poliak on behalf of Joel Guerrero, GoPuff, Gobrands, Inc., Yakir Gola, Rafael Ilishayev, GB Logistics LLC..(Poliak, Shira) |
| Filing 16 DECLARATION of Jordan Holtzman-Conston in Support re: #13 MOTION to Compel Arbitration and Dismiss The Complaint.. Document filed by GoPuff, Gobrands, Inc., Yakir Gola, Rafael Ilishayev, GB Logistics LLC. (Attachments: #1 Exhibit A - Guerrero Agreement).(Burns, Jason) |
| Filing 15 DECLARATION of Jason D. Burns in Support re: #13 MOTION to Compel Arbitration and Dismiss The Complaint.. Document filed by GoPuff, Gobrands, Inc., Yakir Gola, Rafael Ilishayev, GB Logistics LLC..(Burns, Jason) |
| Filing 14 MEMORANDUM OF LAW in Support re: #13 MOTION to Compel Arbitration and Dismiss The Complaint. . Document filed by GoPuff, Gobrands, Inc., Yakir Gola, Rafael Ilishayev, GB Logistics LLC..(Burns, Jason) |
| Filing 13 MOTION to Compel Arbitration and Dismiss The Complaint. Document filed by GoPuff, Gobrands, Inc., Yakir Gola, Rafael Ilishayev, GB Logistics LLC..(Burns, Jason) |
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Filing 12
ORDER granting #11 Letter Motion for Extension of Time Application GRANTED. The Court-ordered mediation session is adjourned sine die. The Clerk of Court is directed to terminate ECF No. 11. SO ORDERED.. (Signed by Judge Jennifer H. Rearden on 10/23/2024) (jca) Transmission to Mediation Clerk for processing.
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| Filing 11 JOINT LETTER MOTION for Extension of Time to Conduct Mediation addressed to Judge Jennifer H. Rearden from Jason Burns dated October 22, 2024. Document filed by Gobrands, Inc., Yakir Gola, Rafael Ilishayev, GB Logistics LLC..(Burns, Jason) |
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Filing 10
MEDIATION REFERRAL ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The parties are notified that Local Rule 83.9 shall govern the mediation and are directed to participate in good faith. Absent leave of Court, the mediation will have no effect upon any scheduling order issued by this Court. The Court requests that a mediator with experience in FLSA matters be assigned. The Court expects the parties to commence mediation promptly, and to the extent possible, by approximately three weeks from date of Order. Within two days of completing mediation, the parties shall file a joint letter apprising the Court of the outcome. If the case was not resolved, the letter shall propose next steps. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 10/29/2024. (Signed by Judge Jennifer H. Rearden on 10/15/2024) (jca)
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Filing 9
ORDER granting #8 Letter Motion for Extension of Time to Answer re #1 Complaint. Application GRANTED. Defendants' time to respond to the Complaint is extended nunc pro tunc to October 28, 2024. The Clerk of Court is directed to terminate ECF No. 8. SO ORDERED. GB Logistics LLC answer due 10/28/2024; Gobrands, Inc. answer due 10/28/2024; Yakir Gola answer due 10/28/2024; Rafael Ilishayev answer due 10/28/2024 (Signed by Judge Jennifer H. Rearden on 10/13/2024) (sgz)
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| Filing 8 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Jennifer H. Rearden from Jason Burns dated October 3, 2024. Document filed by GB Logistics LLC, Gobrands, Inc., Yakir Gola, Rafael Ilishayev..(Burns, Jason) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to GB Logistics LLC, GoPuff, Gobrands, Inc., Yakir Gola, Rafael Ilishayev..(jgo) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to GoPuff, Gobrands, Inc.,Gola Yakir, Rafael Ilishayev, and GB Logistics LLC, re: #1 Complaint. Document filed by Joel Guerrero..(Richardson, Evan) |
| Filing 5 CIVIL COVER SHEET filed..(Richardson, Evan) |
| Filing 4 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Richardson, Evan) Modified on 9/5/2024 (jgo). |
| Filing 3 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to GB Logistics LLC, GoPuff, Gobrands, Inc., Rafael Ilishayev, Gola Yakir, re: #1 Complaint. Document filed by Joel Guerrero. (Attachments: #1 Supplement Gola Summons, #2 Supplement Ilishayev Summons, #3 Supplement GoBrands Summons, #4 Supplement GB logistics Summons).(Richardson, Evan) Modified on 9/5/2024 (jgo). |
| Filing 2 NOTICE OF APPEARANCE by Evan Richardson on behalf of Joel Guerrero..(Richardson, Evan) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Evan Richardson. The following case opening statistical information was erroneously selected/entered: Dollar Demand none; County code Albany;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $9,999,000; the County code has been modified to New York;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Evan Richardson to RE-FILE Document No. #4 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; the Courthouse Assignment code was not selected. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated May 28, 2024. The S.D.N.Y. Civil Cover Sheet dated May 28, 2024 is located at#http://nysd.uscourts.gov/forms/civil-cover-sheet-2.. (jgo) |
| Case Designated ECF. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Evan Richardson. The party information for the following party/parties has been modified: Gola Yakir. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer H. Rearden. 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) |
| Magistrate Judge Gary Stein 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 TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Evan Richardson to RE-FILE Document No. #3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; party name listed on the PDF case caption must match exactly as it appears on the pleading caption; each summons request must be filed separately OR one summons request may be filed listed all of the party names on the PDF 'To' field or attaching a rider/addendum;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) |
| Filing 1 COMPLAINT against GB Logistics LLC, GoPuff, Gobrands, Inc., Rafael Ilishayev, Gola Yakir. (Filing Fee $ 405.00, Receipt Number ANYSDC-29844642)Document filed by Joel Guerrero..(Harman, Walker) |
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