Speyer v. Decicco Family Markets, Inc. et al
| Joseph Speyer |
| Christina DeCicco, Jim Capriotti, Rosa Zuniga and Decicco Family Markets, Inc. |
| 7:2020cv06478 |
| August 14, 2020 |
| US District Court for the Southern District of New York |
| Philip M Halpern |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. § 185 |
| None |
Docket Report
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This docket was last retrieved on January 11, 2021. A more recent docket listing may be available from PACER.
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| Filing 17 MEMORANDUM OF LAW in Support re: #15 MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed.R.Civ.P 12(b)(5) and 12(b)(6). . Document filed by Jim Capriotti, Christina DeCicco, Decicco Family Markets, Inc., Rosa Zuniga..(Doherty, Kevin) |
| Filing 16 DECLARATION of Kevin M. Doherty in Support re: #15 MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed.R.Civ.P 12(b)(5) and 12(b)(6).. Document filed by Jim Capriotti, Christina DeCicco, Decicco Family Markets, Inc., Rosa Zuniga. (Attachments: #1 Exhibit A - Collective Bargaining Agreement, #2 Exhibit B - Pl Summons & Complaint, #3 Exhibit C - Pl Cert of Service, #4 Exhibit D - Pl Motion to Compel, #5 Exhibit E - Case filing July 16 docs, #6 Exhibit F - Pl Demand for Arbitration).(Doherty, Kevin) |
| Filing 15 MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed.R.Civ.P 12(b)(5) and 12(b)(6). Document filed by Jim Capriotti, Christina DeCicco, Decicco Family Markets, Inc., Rosa Zuniga. Responses due by 10/8/2020.(Doherty, Kevin) |
Filing 14
CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. Deposition due by 1/15/2021. Fact Discovery due by 1/15/2021. Discovery due by 1/15/2021. Case Management Conference set for 1/21/2021 at 11:00 AM before Judge Philip M. Halpern. The parties have conferred and their present best estimate of the length of the trial is 2 days. SO ORDERED. (Signed by Judge Philip M. Halpern on 9/15/2020) (ks)
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| Minute Entry for proceedings held before Judge Philip M. Halpern: Initial Pretrial Conference held on 9/15/2020. Pro se Plaintiff and counsel for Defendants appeared via telephone. The Court granted Defendants permission to move to dismiss Plaintiff's Complaint. Defendants shall file their motion to dismiss by September 25, 2020, Plaintiff shall file his opposition by October 8, 2020, and Defendants shall file their reply by October 15, 2020. Additionally, a Civil Case Discovery Plan and Scheduling Order is forthcoming. (bk) |
| Filing 13 LETTER MOTION for Conference re Defendants' anticipated Motion to Dismiss addressed to Judge Philip M. Halpern from Kevin M. Doherty dated September 9, 2020. Document filed by Jim Capriotti, Christina DeCicco, Decicco Family Markets, Inc., Rosa Zuniga..(Doherty, Kevin) |
| Filing 12 LETTER addressed to Judge Philip M. Halpern from Keli Liu dated 9/8/2020 re: Defendants' Proposed Discovery Plan. Document filed by Jim Capriotti, Christina DeCicco, Decicco Family Markets, Inc., Rosa Zuniga. (Attachments: #1 Exhibit A. Defendants' Proposed Discovery Plan).(Liu, Keli) |
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Filing 10
ORDER granting #8 Letter Motion for Extension of Time to Answer. Application granted. Defendants shall answer or move by September 11, 2020. The Clerk is instructed to terminate ECF No. 8. Jim Capriotti answer due 9/11/2020; Christina DeCicco answer due 9/11/2020; Decicco Family Markets, Inc. answer due 9/11/2020; Rosa Zuniga answer due 9/11/2020 (Signed by Judge Philip M. Halpern on 8/20/2020) (cf)
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Filing 9
ORDER granting #6 Letter Motion for Extension of Time to Answer. Application granted. Defendants shall answer or move by August 28, 2020. Jim Capriotti answer due 8/28/2020; Christina DeCicco answer due 8/28/2020; Decicco Family Markets, Inc. answer due 8/28/2020; Rosa Zuniga answer due 8/28/2020 (Signed by Judge Philip M. Halpern on 8/20/2020) (cf)
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| Filing 8 AMENDED LETTER MOTION for Extension of Time to File Answer re: #6 LETTER MOTION for Extension of Time to File Answer addressed to Judge Philip M. Halpern from Kevin M. Doherty dated August 19, 2020. addressed to Judge Philip M. Halpern from Keli Liu dated 8/20/2020. Document filed by Jim Capriotti, Christina DeCicco, Decicco Family Markets, Inc., Rosa Zuniga..(Liu, Keli) |
| Filing 7 NOTICE OF APPEARANCE by Keli Liu on behalf of Jim Capriotti, Christina DeCicco, Decicco Family Markets, Inc., Rosa Zuniga..(Liu, Keli) |
| Filing 6 LETTER MOTION for Extension of Time to File Answer addressed to Judge Philip M. Halpern from Kevin M. Doherty dated August 19, 2020. Document filed by Jim Capriotti, Christina DeCicco, Decicco Family Markets, Inc., Rosa Zuniga..(Doherty, Kevin) |
| Filing 5 NOTICE OF INITIAL CONFERENCE: Initial Conference set for 9/15/2020 at 11:00 AM before Judge Philip M. Halpern, by telephone conference. At the time of the scheduled conference, all parties shall call the following number: (888) 398-2342; access code 3456831..(ks) |
| Filing 4 NOTICE OF APPEARANCE by Kevin Michael Doherty on behalf of Jim Capriotti, Christina DeCicco, Decicco Family Markets, Inc., Rosa Zuniga..(Doherty, Kevin) |
| Filing 3 NOTICE OF REMOVAL from Supreme Court, County of Westchester. Case Number: NOT INDICATED..Document filed by Decicco Family Markets, Inc., Jim Capriotti, Rosa Zuniga, Christina DeCicco. (Attachments: #1 Exhibit A - Summons, Complaint, Docket Sheet, #2 Exhibit B - Collective Bargaining Agreement, Local 338, #3 Exhibit C - Notice of Motion and RJI, #4 Affidavit Certificate of Service upon Plaintiff).(Liu, Keli) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Philip M. Halpern. 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..(pne) |
| Magistrate Judge Lisa M. Smith 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pne) |
| Case Designated ECF. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Keli Liu to RE-FILE Document No. #1 Notice of Removal,. The filing is deficient for the following reason(s): As per Rule 13.3, Each attachment to the pleading must be clearly titled in the ECF entry so the subject of the exhibit is clear; exhibits should not be filed in the same PDF as the pleading. Re-file the pleading using the event type Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pne) |
| Filing 2 CIVIL COVER SHEET filed..(Liu, Keli) |
| Filing 1 FILING ERROR - PDF ERROR -NOTICE OF REMOVAL from Supreme Court, County of Westchester. Case Number: NOT INDICATED. (Filing Fee $ 400.00, Receipt Number ANYSDC-21162453).Document filed by Decicco Family Markets, Inc., Jim Capriotti, Rosa Zuniga, Christina DeCicco. (Attachments: #1 Affidavit Certificate of Service).(Liu, Keli) Modified on 8/17/2020 (pne). |
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