Chain et al v. Land-Air Express of New England, Ltd.
Plaintiff: Victor J. Chain, Jr., Peter Hayward, Gilbert Lewis, Anthony L. Platoni and Owen Taylor
Defendant: Land-Air Express of New England, Ltd.
Case Number: 7:2016cv03371
Filed: May 5, 2016
Court: US District Court for the Southern District of New York
Office: White Plains Office
County: Sullivan
Presiding Judge: Vincent L. Briccetti
Nature of Suit: Other Labor Litigation
Cause of Action: 29 U.S.C. ยง 2101
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
November 1, 2021 Opinion or Order Filing 280 ORDER ADOPTING REPORT AND RECOMMENDATION: Having conducted a de novo review of the magistrate judge's thorough and well-reasoned R&R, as well as plaintiffs' objections, the applicable case law, and the underlying record, the Court conclu des the default judgment as to liability previously entered against Land-Air must be vacated, and the action against Land-Air must be dismissed. Accordingly, plaintiffs' objections to the R&R are OVERRULED, and the Court adopts the R&R as the op inion of the Court. The default judgment as to liability previously entered against Land-Air (Doc. #13) is VACATED, and the action against Land-Air Express of New England, Ltd., is DISMISSED. The parties' respective requests for sanctions are DENIED. The Clerk is instructed to close this case. SO ORDERED. Land-Air Express of New England, Ltd. terminated. (Signed by Judge Vincent L. Briccetti on 11/1/2021) (mml)
April 26, 2021 Opinion or Order Filing 276 ORDER. For the foregoing reasons, NEF's Motion is denied with prejudice. The Clerk of Court is respectfully requested to terminate the pending motion (Docket No. 263). So ordered. Denying with prejudice 263 Motion re: 263 MOTION Tax Costs for TrialGraphix's Remote Trial Hosting Pursuant to Exception to Local Rule 54.1(c)(6) . (Signed by Magistrate Judge Judith C. McCarthy on 4/26/2021) (rjm)
December 22, 2020 Opinion or Order Filing 261 CLERK'S JUDGMENT re: 258 Memorandum & Opinion. in favor of LAX, LLC, North East Freightways, Inc. against Anthony L. Platoni, Gilbert Lewis, Owen Taylor, Peter Hayward, Victor J. Chain, Jr. It is hereby ORDERED, ADJUDGED AND DECREED: Tha t for the reasons stated in the Court's Opinion and Order dated December 18, 2020, Plaintiffs' federal and New York WARN Acts claims are denied; judgment is entered for Defendants NEF and LAX.Defendants' motion to decertify Plaintiffs' proposed class is moot. (Signed by Clerk of Court Ruby Krajick on 12/22/2020) (Attachments: # 1 Notice of Right to Appeal) (dt)
December 18, 2020 Opinion or Order Filing 258 OPINION AND ORDER re: 239 MOTION Decertify the Rock Tavern Class . filed by LAX, LLC, North East Freightways, Inc.. For the foregoing reasons, Plaintiffs' federal and New York WARN Acts claims are denied. The clerk is res pectfully requested to enter judgment for Defendants NEF and LAX. Defendants' motion to decertify Plaintiffs' proposed class is moot. The Clerk is respectfully requested to terminate the pending motion (Docket No. 239). Additionally, I conc lude and respectfully recommend to the Honorable Vincent L. Briccetti that the default judgment entered against Land-Air on August 22, 2016, (Docket No. 13), be vacated and the action be dismissed against it. SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 12/18/2020) (kv) Transmission to Orders and Judgments Clerk for processing.
July 8, 2020 Opinion or Order Filing 223 ORDER. IT IS HEREBY ORDERED THAT: Telephonic and Video Conferencing Solutions. The trial shall take place virtually using both telephonic and video conferencing solutions as set forth herein. All counsel who participate in the trial shall participate in appropriate pre-trial technology testing as may be required by further order of the Court. Access. No later than July 8, 2020 at 5:00 p.m., the parties shall provide to the Court via ECF a list of all (a) attorneys participating in the trial, alo ng with their phone numbers and email addresses, and (b) witnesses who will participate in the trial. The public is invited to attend the trial on a non-speaking basis by utilizing a dial-in number that will be provided on the docket. Remote Witness Testimony. Rule 43(a) of the Federal Rules of Civil Procedure provides that, for "good cause in compelling circumstances," a witness may be permitted to testify by contemporaneous transmission from a location other than the courtroom. Havin g found that good cause in compelling circumstances exist here due to the COVID-19 pandemic, any witness called to testify at the trial shall testify by contemporaneous transmission from a different location than the courtroom ("Remote Witness&q uot;), and as further specified herein regarding Remote Witness Testimony. Submission of Exhibits. By July 13, 2020, (1) all exhibits that will be used at trial shall be saved on a USB drive and mailed to the undersigned, and (2) all deposition trans cripts that will be used at trial shall be e-mailed to Chambers at the following e-mail address: McCarthy_NYSDchambers@nysd.uscourts.gov. Courtroom Formalities. Although being conducted using video conferencing solutions, the trial constitutes a court proceeding, and any recording other than the official court version is prohibited. No party may record images or sounds from any location. The formalities of a courtroom must be observed. So ordered. (Signed by Magistrate Judge Judith C. McCarthy on 7/8/2020) (rjm)
May 27, 2020 Opinion or Order Filing 214 SCHEDULING ORDER: TO ALL PARTIES: The conference scheduled for June 29, 2020 at 10:00 a.m. before the undersigned will be conducted via AT&T Teleconferencing Service. Counsel shall call the following number at the time of the conference: Toll-Free Number: 877-873-8017 Access Code: 4264138. SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 5/27/2020) (jca)
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Search for this case: Chain et al v. Land-Air Express of New England, Ltd.
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Plaintiff: Victor J. Chain, Jr.
Represented By: Brett Reed Gallaway
Represented By: Lee Scott Shalov
Represented By: Wade Christopher Wilkinson
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Plaintiff: Peter Hayward
Represented By: Brett Reed Gallaway
Represented By: Lee Scott Shalov
Represented By: Wade Christopher Wilkinson
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Plaintiff: Gilbert Lewis
Represented By: Brett Reed Gallaway
Represented By: Lee Scott Shalov
Represented By: Wade Christopher Wilkinson
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Plaintiff: Anthony L. Platoni
Represented By: Brett Reed Gallaway
Represented By: Lee Scott Shalov
Represented By: Wade Christopher Wilkinson
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Plaintiff: Owen Taylor
Represented By: Brett Reed Gallaway
Represented By: Lee Scott Shalov
Represented By: Wade Christopher Wilkinson
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Defendant: Land-Air Express of New England, Ltd.
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