Amoruso et al v. Mr. Septic, LLC et al
| Daniel Diaz, Jonathan Amoruso, Thomas Brink, Jr., Brian Dew and Robert Slingerland, III |
| Mr. Septic, LLC and Douglas Eherts |
| 7:2017cv07874 |
| October 13, 2017 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Cathy Seibel |
| 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 January 26, 2021. A more recent docket listing may be available from PACER.
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| Filing 73 PROPOSED ABSTRACT OF JUDGMENT. Filing fee $ 11.00, receipt number ANYSDC-23691788. Abstract of Judgment to be Mailed by the Court. Document filed by Jonathan Amoruso, Thomas Brink, Jr, Brian Dew, Daniel Diaz, Robert Slingerland, III. Document Number of Related Judgment: #47 ..(Lease, Adam) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| Filing 72 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ABSTRACT OF JUDGMENT. Abstract of Judgment to be Mailed by the Court. Document filed by Jonathan Amoruso, Thomas Brink, Jr, Brian Dew, Daniel Diaz, Robert Slingerland, III. Document Number of Related Judgment: #47 ..(Lease, Adam) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 1/26/2021 (km). |
| ABSTRACT OF JUDGMENT ISSUED on January 26, 2021, in favor of Jonathan Amoruso, Brian Dew, Thomas Brink, Robert Slingerland, III, and Daniel Diaz, and against Mr. Septic, LLC and Douglas Eherts, jointly and severally, in the amount of $232,129.82. Abstract of Judgment mailed by the Court.(km) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ABSTRACT OF JUDGMENT: Notice to Attorney Adam Lease to RE-FILE Document No. #71 Proposed Abstract of Judgment. The filing is deficient for the following reason(s): Please remove (in the in favor column), #6, Karpf, Karpf & Cerutti, P.C., they are not listed on the judgment. Re-file the document using the event type Proposed Abstract of Judgment found under the event list Proposed Orders. (km) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ABSTRACT OF JUDGMENT: Notice to Attorney Adam Lease to RE-FILE Document No. #72 Proposed Abstract of Judgment,. The filing is deficient for the following reason(s): the abstract of judgment was not paid for. Also, the case number is missing CV in it, please correct; Re-file the document using the event type Proposed Abstract of Judgment found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that lists the following - the correct name of the party(ies) the judgment is against, the correct name of the party(ies) the judgment is in favor of, the correct amount amount of the judgment, the name(s) and address(es) of the attorney(s) and the correct entry date of the judgment - pay the filing fee. (km) |
| Filing 71 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ABSTRACT OF JUDGMENT. Abstract of Judgment to be Mailed by the Court. Document filed by Jonathan Amoruso, Thomas Brink, Jr, Brian Dew, Daniel Diaz, Robert Slingerland, III. Document Number of Related Judgment: #47 ..(Lease, Adam) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 1/26/2021 (km). |
Filing 70
ORDER denying #61 Motion for contempt: It should not have taken this much work, by Plaintiff or the Court, to get Defendants to comply. They should not expect to be cut any slack in the future. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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| Filing 69 LETTER addressed to Judge Cathy Seibel from Adam C. Lease dated 3/18/20 re: notifying the Court that Defendants have sufficiently complied with the Court's March 6, 2020 order. Document filed by Jonathan Amoruso, Thomas Brink, Jr, Brian Dew, Daniel Diaz, Robert Slingerland, III..(Lease, Adam) |
| Minute Entry for proceedings held before Judge Cathy Seibel: Status Conference/Contempt Hearing held on 3/5/2020. Plaintiff's counsel (Adam Lease, Esq.) appears telephonically. The Court ORDERS that the Defendant comply 100% with post-judgment discovery requests and make an offer by March 12, 2020. The Court directs Plaintiff to notify the Court by March 18, 2020 as to whether or not the Defendant(s) have complied with the Court's Order. If Defendant(s) have complied, then the Court will deny the Motion for Contempt. If the Defendant(s) have not complied, then the Court will hold the Defendant(s) in contempt. See transcript. (Court Reporter Sue Ghorayeb) (wc) |
| Filing 68 NOTICE RE: CHANGE OF TIME OF CONFERENCE: The Status Conference previously scheduled before this Court for March 5, 2020 at 4:15 p.m. will be held at 11:45 a.m. (same date) at the United States District Courthouse, 300 Quarropas Street, White Plains, New York 10601 in Courtroom 621. Contempt Hearing set for 3/5/2020 at 11:45 AM in Courtroom 621, 300 Quarropas Street, White Plains, NY 10601 before Judge Cathy Seibel. (cf) |
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Filing 67
ORDER granting #66 Letter Motion for Conference. Typically, the parties are expected to appear in person for all conferences, but in light of Mr. Lease's childcare circumstances, he may appear by phone. He should contact the Court's deputy, Walter Clark, at (914) 390-4077 to make arrangements. SO ORDERED. (Signed by Judge Cathy Seibel on 3/2/2020) (mml)
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| Filing 66 LETTER MOTION for Conference re: 65 Order on Motion for Conference, respectfully requesting that Plaintiffs' counsel be permitted to attend the March 5, 2020 Defendants' contempt hearing via telephone addressed to Judge Cathy Seibel from Adam C. Lease dated 3/2/20. Document filed by Jonathan Amoruso, Thomas Brink, Jr, Brian Dew, Daniel Diaz, Robert Slingerland, III..(Lease, Adam) |
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Filing 65
ORDER granting #64 Letter Motion for Conference: Contempt Hearing set for 3/5/2020 at 4:15 PM before Judge Cathy Seibel. Plaintiffs' counsel shall convey a copy of this text order to Defendants. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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| Filing 64 LETTER MOTION for Conference addressed to Judge Cathy Seibel from Adam C. Lease dated February 6, 2020. Document filed by Jonathan Amoruso, Thomas Brink, Jr, Brian Dew, Daniel Diaz, Robert Slingerland, III..(Lease, Adam) |
| Filing 63 CERTIFICATE OF SERVICE of Court's Order dated January 23, 2020 served on Defendants on January 23, 2020. Service was made by Fed Ex Overnight Mail and E-mail. Document filed by Jonathan Amoruso, Thomas Brink, Jr, Brian Dew, Daniel Diaz, Robert Slingerland, III. (Lease, Adam) |
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Filing 62
ORDER TO SHOW CAUSE: Accordingly, Defendants are hereby ORDERED TO SHOW CAUSE, in writing no later than February 3, 2020, why they should not be held in contempt of court. Failure to show cause will subject Defendants to sanctions for contempt of court without further notice. Such sanctions may consist of, among other things, fines or imprisonment. Plaintiffs shall serve this Order to Show Cause on Defendants by overnight express mail and email no later than January 27, 2020. SO ORDERED. (Signed by Judge Cathy Seibel on 1/23/2020) (mml)
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| Filing 61 MOTION Plaintiffs Motion to hold Defendants in contempt of Court for violating this Courts January 3, 2020 Order (ECF No. 60) re: #60 Order on Motion to Compel,, . Document filed by Jonathan Amoruso, Thomas Brink, Jr, Brian Dew, Daniel Diaz, Robert Slingerland, III. (Attachments: #1 Exhibit A)(Lease, Adam) |
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Filing 60
ORDER granting #59 Letter Motion to Compel. And not this 3rd day of January 2020, it is hereby ORDERED and DECREED that Plaintiffs' unopposed motion to compel Defendants to provide responses to their post-judgment discovery requests is hereby GRANTED. Defendants shall provide full and complete responses to Plaintiffs' Second Set of Interrogatories and Second Request for Production by 1/17/20. Plaintiffs shall serve a copy of this Order on Defendant and their counsel by overnight mail or email by 1/7/20. Defendants should be aware that contempt of court sanctions are a likely next step if they do not comply. The Clerk shall terminate Doc. 59. (Signed by Judge Cathy Seibel on 1/3/2020) (mml)
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| Filing 59 MOTION to Compel Defendants to provide responses to Plaintiffs' post-judgment discovery requests . Document filed by Jonathan Amoruso, Thomas Brink, Jr, Brian Dew, Daniel Diaz, Robert Slingerland, III. (Attachments: #1 Exhibit A)(Lease, Adam) |
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Filing 58
ORDER granting #57 Letter Motion for Leave to File Document: The premotion conference requirement is waived. Plaintiffs may file the motion. Defendants' opposition is due two weeks thereafter, with reply due one week after opposition. (If no opposition is filed, Plaintiffs shall notify the Court of that fact within a week of the date opposition was due.) (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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| Filing 57 LETTER MOTION for Leave to File motion to compel Defendants to respond to Plaintiffs' post-judgment discovery requests addressed to Judge Cathy Seibel from Adam C. Lease, Esq. dated 12/18/19. Document filed by Jonathan Amoruso, Thomas Brink, Jr, Brian Dew, Daniel Diaz, Robert Slingerland, III.(Lease, Adam) |
| Filing 56 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Office of New York State Comptroller on 8/20/2019. Service was accepted by Andrew Mclelland - Asst. Counsel. Document filed by Jonathan Amoruso, Thomas Brink, Jr, Brian Dew, Daniel Diaz, Robert Slingerland, III. (nb) |
| Filing 55 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Wayne Bank on July 8, 2019. Judgment Partially Satisfied Dated: New York, NY July 30, 2019. (aea) |
| Filing 54 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Douglas Eherts, Mr. Septic, LLC. Service was attempted on July 1, 2019 - "I hereby certify and return that I have not received any funds for case number 17 Civ. 7874." Judgment Unsatisfied. (aea) |
| Writ of Execution Issued as to Mr. Septic, LLC and Douglas Eherts on 7/11/2019 in the amount of $ 250,000.00 in favor of Jonathan Amoruso, Brian Dew, Thomas Brink, Robert Singerland, III, and Daniel Diaz against Mr. Septic, LLC and Douglas Eherts. (Signed by Clerk of Court Ruby Krajick on 7/11/19) (alo) |
| Filing 53 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Wayne Bank on 4/29/2019. Service was accepted by Karen Beissel - Community Office Manager. Document filed by Jonathan Amoruso, Thomas Brink, Jr, Brian Dew, Daniel Diaz, Robert Slingerland, III. (aea) |
| Writ of Execution Issued as to Mr. Septic, LLC and Douglas Eherts, jointly and severally on 4/23/2019 in the amount of $ 250,000.00 in favor of Jonathan Amoruso;Brian Dew; Thomas Brink; Robert Singerland, III, and David Diaz against Mr. Septic, LLC and Douglas Eherts. (Signed by Clerk of Court Ruby Krajick on 4/23/2019) (bal) |
| Writ of Execution Issued as to Mr. Septic, LLC and Douglas Eherts on 2/25/2019 in the amount of $ 250,000.00 in favor of Jonathan Amoruso, Brian Dew, Thomas Brink, Robert Singerland, III and Daniel Diaz against Mr. Septic,LLC and Douglas Eherts. (Signed by Clerk of Court Ruby Krajick on 2/25/2019) (bal) |
| Filing 52 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Wells Fargo on 1/3/2019. Service was accepted by Shenell Welch - Personal Banker. Document filed by Jonathan Amoruso, Thomas Brink, Jr, Brian Dew, Daniel Diaz, Robert Slingerland, III. (aea) |
| Filing 51 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on TD Bank on 1/3/2019. Service was accepted by Jose Gomez - Vice President Store Manager. Document filed by Jonathan Amoruso, Thomas Brink, Jr, Brian Dew, Daniel Diaz, Robert Slingerland, III. (aea) |
| Filing 50 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on HSBC on 1/3/2019. Service was accepted by Ripton Hall - Personal Banker. Document filed by Jonathan Amoruso, Thomas Brink, Jr, Brian Dew, Daniel Diaz, Robert Slingerland, III. (aea) |
| Filing 49 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Citibank on 1/3/2019. Service was accepted by Megan Rodriguez - Personal Banker. Document filed by Jonathan Amoruso, Thomas Brink, Jr, Brian Dew, Daniel Diaz, Robert Slingerland, III. (aea) |
| Filing 48 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Chase Bank on 1/3/2019. Service was accepted by Christine A. Allen - VP Branch Manager. Document filed by Jonathan Amoruso, Thomas Brink, Jr, Brian Dew, Daniel Diaz, Robert Slingerland, III. (aea) |
| Writ of Execution Issued as to Mr. Septic, LLC and Douglas Eherts on 11/29/2018 in the amount of $ 250,000.00 in favor of Jonathan Amoruso, Brian Dew, Thomas Brink, Robert Singerland, III, and Daniel Diaz against Mr. Septic, LLC and Douglas Eherts. (Signed by Clerk of Court Ruby Krajick on 11/29/2018) (alo) |
| Writ of Execution Issued as to Mr. Septic, LLC and Douglas Eherts on 11/5/2018 in the amount of $ 250,000.00 in favor of Jonathan Amoruso, Brian Dew, Thomas Brink, Robert Singlerland III and Daniel Diaz against Mr. Septic,LLC and Douglas Eherts. (Signed by Clerk of Court Ruby Krajick on 11/5/2018) (bal) |
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Filing 47
JUDGMENT: AND NOW, this 26th day of October, 2018, upon consideration of the attached Confession of Judgment and Plaintiffs' counsel's Declaration, IT IS ORDERED that JUDGMENT IS ENTERED in FAVOR of Plaintiffs Jonathan Amoruso; Brian Dew; Thomas Brink; Robert Singerland, III; and Daniel Diaz, and AGAINST Defendants Mr. Septic, LLC and Douglas Eherts, jointly and severally, in the total amount of $250,000.00. (Signed by Judge Cathy Seibel on 10/26/2018) (mml)
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| Filing 46 DECLARATION of Adam C. Lease, Esq. in Support. Document filed by Jonathan Amoruso, Thomas Brink, Jr, Brian Dew, Daniel Diaz, Robert Slingerland, III. (Lease, Adam) |
| Filing 45 PROPOSED JUDGMENT. Document filed by Jonathan Amoruso, Thomas Brink, Jr, Brian Dew, Daniel Diaz, Robert Slingerland, III. (Attachments: #1 Exhibit) (Lease, Adam) Proposed Judgment to be reviewed by Clerk's Office staff. |
| Filing 44 LETTER addressed to Judge Cathy Seibel from Adam C. Lease dated October 17, 2018 re: Proposed Judgment. Document filed by Jonathan Amoruso, Thomas Brink, Jr, Brian Dew, Daniel Diaz, Robert Slingerland, III.(Lease, Adam) |
| Filing 43 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - PROPOSED JUDGMENT. Document filed by Jonathan Amoruso, Thomas Brink, Jr, Brian Dew, Daniel Diaz, Robert Slingerland, III. (Lease, Adam) Proposed Judgment to be reviewed by Clerk's Office staff. Modified on 10/17/2018 (dt). |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Notice to Attorney Adam Lease to RE-FILE Document #43 Proposed Judgment. All documents have to be filed separately; file the Letter first, under Other Documents, Letter, then change the title of the Order and judgment to just Judgment, then file under Proposed Orders, as a Proposed Judgment, with the Confession of Judgment as an attachment to the Judgment, then file the Declaration under Other Answers, Declaration in Support of a Non-Motion. (dt) |
| ***NOTICE TO COURT REGARDING PROPOSED JUDGMENT. Document No. #45 Proposed Judgment, was reviewed and approved as to form. (dt) |
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Filing 42
STIPULATION AND ORDER OF DISMISSAL WITHOUT PREJUDICE: It is hereby stipulated and agreed, by and between counsel for Plaintiffs and Defendants, that all of Plaintiffs' claims in the Complaint in the above-captioned action against Defendants are dismissed pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. This dismissal is without prejudice, subject to a motion to reopen, if settlement payments have not been made pursuant to the Settlement Agreement. IT IS HEREBY FURTHER STIPULATED AND AGREED, that the Court will retain jurisdiction of this matter for the sole purpose of enforcing the Settlement Agreement. Each Party shall bear his/her/its own costs and attorneys' fees. The Clerk shall close this case. So Ordered. (Signed by Judge Cathy Seibel on 9/7/18) (yv)
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Filing 41
ORDER granting #40 Motion to Approve Settlement: Having considered the relevant factors, the Court approves the settlement, including attorney fees, as fair and reasonable. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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| Filing 40 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - JOINT MOTION to Approve FLSA settlement . Document filed by Jonathan Amoruso, Thomas Brink, Jr, Brian Dew, Daniel Diaz, Robert Slingerland, III. (Attachments: #1 Exhibit Exhibits A - E)(Lease, Adam) Modified on 9/18/2018 (ldi). |
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Filing 39
ORDER granting #38 Letter Motion for Extension of Time to File Motion for Approval of Settlement: Motion for approval of settlement to be submitted by 9/10/18. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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| Filing 38 SECOND LETTER MOTION for Extension of Time to File Motion for Approval of Settlement addressed to Judge Cathy Seibel from Adam C. Lease dated 8/8/18. Document filed by Jonathan Amoruso, Thomas Brink, Jr, Brian Dew, Daniel Diaz, Robert Slingerland, III.(Lease, Adam) |
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Filing 37
ORDER denying without prejudice #36 Letter Motion for Extension of Time to File Motion for Approval of Settlement: If I understand correctly, the Plaintiffs have all agreed to the settlement and it is just a matter of getting their signatures on the document. If that is the case, counsel should go ahead and submit the settlement for approval. Assuming I approve it, counsel can get the signatures thereafter and then discontinue the case. But if I have the facts wrong or there is some other reason why my proposal is not workable, counsel can let me know. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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| Filing 36 LETTER MOTION for Extension of Time to File application for approval of proposed settlement agreement addressed to Judge Cathy Seibel from Adam C. Lease dated 8/8/18. Document filed by Jonathan Amoruso, Thomas Brink, Jr, Brian Dew, Daniel Diaz, Robert Slingerland, III.(Lease, Adam) |
| Minute Entry for proceedings held before Judge Cathy Seibel: Show Cause Hearing held on 7/31/2018. Parties submit proposed settlement agreement. Court shall retain jurisdiction under the agreement. Also, Court refrains from imposing contempt sanctions at this time. Approval application regarding proposed settlement agreement due by August 10, 2018. See transcript. (Court Reporter Sabrina D'Emidio) (wc) |
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Filing 35
ORDER granting #34 Letter Motion for Extension of Time to File Response/Reply. Mr. Orseck and the Court have different views regarding the obligations of counsel. If the Court orders a party to do something and counsel cannot comply because his client is uncooperative, simply disregarding the order and putting the other side and the Court to the trouble of issuing an Order to Show Cause (OSC) is not the way to go. The request for extension, or explanation that the records do not exist, should have come no later than July 6. And the request for more time to respond to the OSC should have come before the late afternoon on the date the response was due. I will give Defendants until July 30 at 12 noon to submit their written response to the OSC. No further extensions. The court appearance on July 31 remains on. If the parties settle in the meantime and submit a stipulation of discontinuance, the appearance will be cancelled. I trust that Mr. Orseck will get his clients to understand that their failure to comply will in all likelihood make their financial woes that much worse, because, as I previously warned, they may well be fined or defaulted in this case. SO ORDERED. (Signed by Judge Cathy Seibel on 7/25/2018) (mml)
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| Set/Reset Deadlines: Show Cause Response due by 7/30/2018. (mml) |
| Filing 34 LETTER MOTION for Extension of Time to File Response/Reply to order to show cause to explain non-compliance with the Court's discovery orders addressed to Judge Cathy Seibel from Gerald Orseck dated July 24, 2018. Document filed by Douglas Eherts.(Orseck, Gerald) |
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Filing 33
ORDER granting #32 Letter Motion for Conference: Show Cause hearing set for 7/31/2018 at 12:30 PM before Judge Cathy Seibel. Defendants are ordered to show cause why they should not be held in contempt for failing to comply with my 6/28/18 order. In addition to the hearing, they shall state their position in writing no later than 7/24/18. Failure to comply risks penalties for contempt, including but not limited to financial penalties and/or entry of default. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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| Filing 32 LETTER MOTION for Conference re: #31 Order on Motion to Compel,, to discuss Plaintiffs' request to have Defendants held in contempt for violating this Court's Order, or in the alternative, for Defendants to show cause why they should not be held in contempt addressed to Judge Cathy Seibel from Adam C. Lease dated 7/10/18. Document filed by Jonathan Amoruso, Thomas Brink, Jr, Brian Dew, Daniel Diaz, Robert Slingerland, III.(Lease, Adam) |
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Filing 31
ORDER granting #30 Letter Motion to Compel. I have received no opposition from Defendants, and I see no reason why the requested order should not be entered. Accordingly, it is hereby ORDERED that Defendants produce to Plaintiffs' counsel, no later than July 6, 2018, financial records -- including tax returns, bank statements and profit and loss statements -- sufficient for Plaintiffs' counsel to review Defendants' claim of inability to pay. Any such records must be held confidential by Plaintiffs' counsel and will be for his eyes (and those of co-counsel, associates or any professional he may use to analyze the records) only. SO ORDERED. The Clerk shall terminate Doc. 30. (Signed by Judge Cathy Seibel on 6/28/2018) (mml)
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| Filing 30 LETTER MOTION to Compel Defendants to to comply with their obligations under the Parties' settlement agreement addressed to Judge Cathy Seibel from Adam C. Lease dated 6/25/18. Document filed by Jonathan Amoruso, Thomas Brink, Jr, Brian Dew, Daniel Diaz, Robert Slingerland, III. (Attachments: #1 Exhibit Conditional settlement agreement)(Lease, Adam) |
| Mediator Session Held on 6/5/2018 at Mediator's Office.(mf) |
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Filing 28
ENDORSED LETTER addressed to Judge Cathy Seibel from Gerald Orseck dated 6/6/2018 re: The parties are now in the process of a formal settlement agreement to be submitted to the Court. When effectuated, which will be before the next scheduled Court appearance on September 25, 2018, formal agreement will be submitted to the Court for approval. ENDORSEMENT: The parties need to submit the proposed settlement well before the next conference, because if it is not approved for some reason, their time for discovery will have elapsed. The proposed settlement should be submitted for my approval no later than 7/11/18. By the way, I got this letter neither by ECF or email only in hard copy. So Ordered. (Signed by Judge Cathy Seibel on 6/11/2018) (anc)
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| MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 6/5/2018, 10:00AM at the Offices of the Mediator.(mf) Modified on 6/1/2018 (mf). |
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Filing 27
CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: Deposition due by 9/7/2018. Fact Discovery due by 9/7/2018. Case Management Conference set for 9/25/2018 at 10:00 AM before Judge Cathy Seibel. (Signed by Judge Cathy Seibel on 5/10/2018) (mml)
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| Minute Entry for proceedings held before Judge Cathy Seibel: Initial Pretrial Conference held on 5/10/2018. Case management plan is signed. Status Conference set for 9/25/2018 at 10:00 AM before Judge Cathy Seibel. Submit pre-motion letter 9/11/2018; opposition 9/18/2018. See transcript. (Court Reporter Sue Ghorayeb) (aca) |
| MEDIATOR SESSION NOT HELD Mediator Session scheduled for 4/30/2018 at Mediator's Office was NOT held.(mf) |
| Filing 26 NOTICE OF APPEARANCE by Steven R. Sundheim on behalf of Jonathan Amoruso, Thomas Brink, Jr, Brian Dew, Daniel Diaz, Robert Slingerland, III. (Sundheim, Steven) |
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Filing 25
MEMO ENDORSEMENT on re: #23 Letter filed by Douglas Eherts. ENDORSEMENT: Application denied. The parties do not need to have every document in hand in order to have an initial conference and set a schedule; the clients need not attend; and the lawyers' offices are not going to be any closer two weeks later. SO ORDERED. (Signed by Judge Cathy Seibel on 4/26/2018) (mml)
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| Filing 24 LETTER addressed to Judge Cathy Seibel from Adam C. Lease dated 4/26/18 Document filed by Jonathan Amoruso, Thomas Brink, Jr, Brian Dew, Daniel Diaz, Robert Slingerland, III.(Lease, Adam) |
| Filing 23 LETTER addressed to Judge Cathy Seibel from Gerald Orseck dated April 26, 2018 re: conference scheduled for May 10, 2018. Document filed by Douglas Eherts.(Orseck, Gerald) |
| Filing 22 NOTICE OF ADJOURNMENT OF COURT CONFERENCE: The conference previously scheduled before this Court for May 1, 2018 is adjourned to May 10, 2018 at 12:45 p.m. at the United States Courthouse, 300 Quarropas St., White Plains, NY 10601. Initial Conference set for 5/10/2018 at 12:45 PM before Judge Cathy Seibel. (ap) |
| MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 4/30/2018, 10:00 AM at the Offices of the Mediator.(cda) |
| MEDIATOR SESSION NOT HELD Mediator Session scheduled for 2/20/2018 at Mediator's Office was NOT held.(mf) |
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Filing 21
ENDORSED LETTER addressed to Magistrate Judge Judith C. McCarthy from Gerald Orseck dated 2/14/2018 re: Our office is in the process of being substituted by other counsel. Accordingly, we are constrained to request that all proceedings in this case be adjourned to the first available date or dates in April. ENDORSEMENT: First of all, this matter has not been referred to M.J. McCarthy (she is merely designated as the M.J. to whom the case would be referred if I referred it). Second, the May 1, 2018 conference before this Court remains on. It is up to the mediator whether to reschedule the scheduled mediation. Third, until such time as Defendants' counsel is either relieved or substitute counsel appears, Mr. Orseck is expected to represent Defendants. So ordered. (Signed by Judge Cathy Seibel on 2/21/2018). (rjm)
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| Filing 20 NOTICE OF COURT CONFERENCE: A conference is scheduled for March 8, 2018 is cancelled. There is a conference which will be held on May 1, 2018 at 10:00 a.m. before the Hon. Cathy Seibel at the Charles L. Brieant United States Courthouse, 300 Quarropas Street, White Plains, NY 10601, Courtroom 621. (mml) |
| MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 2/20/2018, 10:00 AM at the Offices of the Mediator.(cda) |
| Filing 19 ANSWER to #14 Counterclaim. Document filed by Jonathan Amoruso.(Lease, Adam) |
| Filing 18 ANSWER to #13 Counterclaim. Document filed by Jonathan Amoruso.(Lease, Adam) |
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Filing 17
ORDER denying without prejudice #15 Letter Motion for Leave to File Document: The initial conference is not until 5/1/18 because the parties have mediation in the meantime. For the same reason, motion practice seems premature. If the mediation is not successful, we will go ahead with the 5/1/18 conference. In that event, Defendants should respond to today's letter from Mr. Lease (by letter of no more than 3 pages) by 4/24/18. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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| Filing 16 NOTICE OF INITIAL COURT CONFERENCE: Initial Conference set for 5/1/2018 at 10:00 AM in Courtroom 621, 300 Quarropas Street, White Plains, NY 10601 before Judge Cathy Seibel. (mml) |
| Filing 15 LETTER MOTION for Leave to File motion to strike/dismiss both of Defendants First Amended Answer(s) (ECF No.(s) 13 and 14) addressed to Judge Cathy Seibel from Adam C. Lease dated 1/31/18. Document filed by Jonathan Amoruso, Thomas Brink, Jr, Brian Dew, Daniel Diaz, Robert Slingerland, III.(Lease, Adam) |
| Filing 14 AMENDED ANSWER to., COUNTERCLAIM against Jonathan Amoruso. Document filed by Mr. Septic, LLC, Douglas Eherts. (Orseck, Gerald) |
| Filing 13 ANSWER to #1 Complaint., COUNTERCLAIM against Jonathan Amoruso. Document filed by Mr. Septic, LLC, Douglas Eherts.(Orseck, Gerald) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 2/20/2018.(cda) |
| Filing 12 ANSWER to #9 Counterclaim. Document filed by Jonathan Amoruso.(Lease, Adam) |
| Filing 11 NOTICE OF INITIAL COURT CONFERENCE: Counsel for all parties herein shall attend a conference for the purpose of case management and scheduling pursuant to Fed. R. Civ. P.16 on MARCH 8, 2018 AT 3:30 P.M. in Courtroom 621, Charles L. Brieant United States Courthouse, 300 Quarropas Street, White Plains, New York. (mml) |
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Filing 10
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 1/8/2018. (Signed by Judge Cathy Seibel on 10/3/16) (mf)
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| Filing 9 ANSWER to Complaint., COUNTERCLAIM against Jonathan Amoruso. Document filed by Mr. Septic, LLC, Douglas Eherts.(Orseck, Gerald) |
| Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Mr. Septic, LLC.(Orseck, Gerald) |
| Filing 7 SUMMONS RETURNED EXECUTED. Douglas Eherts served on 11/22/2017, answer due 12/13/2017; Mr. Septic, LLC served on 11/22/2017, answer due 12/13/2017. Service was accepted by Douglas Eherts, Owner/Manager. Document filed by Robert Slingerland, III; Jonathan Amoruso; Thomas Brink, Jr; Brian Dew; Daniel Diaz. (Lease, Adam) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Douglas Eherts. (vf) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Mr. Septic, LLC. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Adam Charles Lease. The following case opening statistical information was erroneously selected/entered: County code Kings. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Cathy Seibel. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. 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 #http://nysd.uscourts.gov/ecf_filing.php. (vf) |
| Case Designated ECF. (vf) |
| Magistrate Judge Judith C. McCarthy is so designated. 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: #http://nysd.uscourts.gov/forms.php. (vf) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Douglas Eherts, re: #1 Complaint. Document filed by Jonathan Amoruso, Thomas Brink, Jr, Brian Dew, Daniel Diaz, Robert Slingerland, III. (Lease, Adam) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Mr. Septic, LLC, re: #1 Complaint. Document filed by Jonathan Amoruso, Thomas Brink, Jr, Brian Dew, Daniel Diaz, Robert Slingerland, III. (Lease, Adam) |
| Filing 2 CIVIL COVER SHEET filed. (Lease, Adam) |
| Filing 1 COMPLAINT against Douglas Eherts, Mr. Septic, LLC. (Filing Fee $ 400.00, Receipt Number 0208-14240324)Document filed by Robert Slingerland, III, Jonathan Amoruso, Thomas Brink, Jr, Brian Dew, Daniel Diaz.(Lease, Adam) |
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