Whitley v. City of Mount Vernon
Plaintiff: Mr. Bryan Whitley
Defendant: City of Mount Vernon
Case Number: 7:2020cv09011
Filed: October 27, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Nelson Stephen Roman
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. ยง 201
Jury Demanded By: Both
Docket Report

This docket was last retrieved on January 31, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 21, 2020 Opinion or Order Filing 13 ORDER. The Court waives the Initial Pre-trial Conference and directs the parties to complete a Case Management Plan and Scheduling Order (blank form attached hereto). Said Scheduling Order shall be submitted to chambers by January 4, 2021. After review and approval of the Scheduling Order, the Court will issue an Order of Reference to Magistrate Judge Andrew E. Krause for general pretrial purposes. The parties are directed to contact Judge McCarthy within seven (7) business days of the date of the Order of Reference to schedule a conference. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 12/21/2020) (rjm)
December 11, 2020 Opinion or Order Filing 12 ANSWER to #3 Complaint with JURY DEMAND. Document filed by City of Mount Vernon..(DiFiore, Anthony)
November 30, 2020 Opinion or Order Filing 11 ORDER granting #10 Letter Motion for Extension of Time to Answer. Defendant's Motion is GRANTED. Defendant's deadline to respond to the Complaint is extended from November 27, 2020 until December 11, 2020. Defendant is reminded to comply with the Court's local rules, including by filing a request for a premotion conference in the event that it seeks to respond to the Complaint by way of filing a motion to dismiss. The Clerk of the Court is kindly directed to terminate the motion at ECF No. 10. City of Mount Vernon answer due 12/11/2020. (Signed by Judge Nelson Stephen Roman on 11/30/2020) (cf)
November 25, 2020 Opinion or Order Filing 10 LETTER MOTION for Extension of Time to File Answer addressed to Judge Nelson Stephen Roman from Anthony J. DiFiore dated November 25, 2020. Document filed by City of Mount Vernon..(DiFiore, Anthony)
November 25, 2020 Opinion or Order Filing 9 NOTICE OF APPEARANCE by Steven Joseph Bushnell on behalf of City of Mount Vernon..(Bushnell, Steven)
November 25, 2020 Opinion or Order Filing 8 NOTICE OF APPEARANCE by Anthony J. DiFiore on behalf of City of Mount Vernon..(DiFiore, Anthony)
November 25, 2020 Opinion or Order Filing 7 NOTICE OF APPEARANCE by Andrew C Quinn on behalf of City of Mount Vernon..(Quinn, Andrew)
November 8, 2020 Opinion or Order Filing 6 CERTIFICATE OF SERVICE of Summons and Complaint. City of Mount Vernon served on 11/6/2020, answer due 11/27/2020. Service was accepted by Gina D - Legal Assistant. Document filed by Bryan Whitley..(Thomas, Irene)
November 5, 2020 Opinion or Order Filing 5 ELECTRONIC SUMMONS ISSUED as to City of Mount Vernon..(dnh)
November 4, 2020 Opinion or Order Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to The City of Mount Vernon, re: #3 Complaint. Document filed by Bryan Whitley..(Thomas, Irene)
October 29, 2020 Opinion or Order Filing 3 COMPLAINT against City of Mount Vernon. Document filed by Bryan Whitley..(Thomas, Irene)
October 28, 2020 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Thomas, Irene)
October 28, 2020 Opinion or Order Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against Bryan Whitley. (Filing Fee $ 400.00, Receipt Number ANYSDC-22341190)Document filed by Bryan Whitley.(Thomas, Irene) Modified on 10/28/2020 (sj).
October 28, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Irene Donna Thomas. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:0005; Fee Status code due (due). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:201 Fair Labor Standards Act; the Fee Status code has been modified to pd (paid). (dnh)
October 28, 2020 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Nelson Stephen Roman. 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..(dnh)
October 28, 2020 Opinion or Order Case Designated ECF. (dnh)
October 28, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Irene Donna Thomas to RE-FILE Document No. #1 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 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. (sj)
October 28, 2020 Opinion or Order Magistrate Judge Andrew E. Krause 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. (dnh)

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Defendant: City of Mount Vernon
Represented By: Anthony J. DiFiore
Represented By: Andrew C Quinn
Represented By: Steven Joseph Bushnell
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Plaintiff: Mr. Bryan Whitley
Represented By: Irene Donna Thomas
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