Bowens v. Old Dominion Freight Lines, Inc.
| Samuel Bowens |
| Old Dominion Freight Lines, Inc. |
| 7:2021cv08040 |
| September 28, 2021 |
| US District Court for the Southern District of New York |
| Kenneth M Karas |
| Labor: Other |
| 28 U.S.C. § 1332 ct Diversity-(Citizenship) |
| None |
Docket Report
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This docket was last retrieved on June 16, 2022. A more recent docket listing may be available from PACER.
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Filing 24
OPINION & ORDER re: (32 in 7:21-cv-04021-KMK) MOTION to Dismiss . filed by Old Dominion Freight Line, Inc., (20 in 7:21-cv-08040-KMK) MOTION to Dismiss . filed by Old Dominion Freight Lines, Inc. The Court grants Defendant's Motion. The Second Circuit has stated that "[w]hen a motion to dismiss is granted, the usual practice is to grant leave to amend the complaint." Hayden v. County of Nassau, 180 F.3d 42, 53 (2d Cir. 1999); cf. Fed. R. Civ. P. 15(a)(2) ("The court should freely give leave [to amend] when justice so requires."). Should Plaintiffs choose to file an amended complaint, they must do so within 30 days of this Opinion & Order, addressing the deficiencies identified herein. The amended complaint will replace, not supplement, the complaint currently before the Court. It therefore must contain all of the claims and factual allegations Plaintiff wishes the Court to consider. If Plaintiffs fail to abide by the 30-day deadline, this Action could be dismissed with prejudice. The Clerk of Court is respectfully directed to terminate the pending Motion, (Rowe Dkt. No. 32; Bowens Dkt. No. 20). SO ORDERED. (Signed by Judge Kenneth M. Karas on 6/16/22) Filed In Associated Cases: 7:21-cv-04021-KMK, 7:21-cv-08040-KMK (yv)
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| Filing 23 REPLY MEMORANDUM OF LAW in Support re: #20 MOTION to Dismiss . . Document filed by Old Dominion Freight Lines, Inc...(Bartlett, Brett) |
| Filing 22 MEMORANDUM OF LAW in Opposition re: (32 in 7:21-cv-04021-KMK) MOTION to Dismiss ., (20 in 7:21-cv-08040-KMK) MOTION to Dismiss . . Document filed by Samuel Bowens, Frederick LaFlair, Ramon Lopez, Samuel Milan, Jeffrey Orellana, Kenny Roe, Adrian Rowe. Filed In Associated Cases: 7:21-cv-04021-KMK, 7:21-cv-08040-KMK.(Blau, Steven) |
| Filing 21 MEMORANDUM OF LAW in Support re: #20 MOTION to Dismiss . . Document filed by Old Dominion Freight Lines, Inc.. (Attachments: #1 Exhibit A, part 1, #2 Exhibit A, part 2, #3 Exhibit A, part 3, #4 Exhibit A, part 4, #5 Exhibit A, #6 Exhibit B).(Bartlett, Brett) |
| Filing 20 MOTION to Dismiss . Document filed by Old Dominion Freight Lines, Inc...(Bartlett, Brett) |
| Filing 19 NOTICE OF APPEARANCE by Lennon Haas on behalf of Old Dominion Freight Line, Inc., Old Dominion Freight Lines, Inc.. Filed In Associated Cases: 7:21-cv-04021-KMK, 7:21-cv-08040-KMK.(Haas, Lennon) |
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Filing 18
ORDER FOR ADMISSION PRO HAC VICE: granting #17 Motion for Lennon B. Haas to Appear Pro Hac Vice. (Signed by Judge Kenneth M. Karas on 1/13/2022) (ama)
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| Filing 17 MOTION for Lennon B. Haas to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-25569257. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Old Dominion Freight Line, Inc., Old Dominion Freight Lines, Inc.. (Attachments: #1 Affidavit in Support of Motion for Admission Pro Hac Vice, #2 Certificate in Good Standing, #3 Certificate in Good Standing, #4 Text of Proposed Order)Filed In Associated Cases: 7:21-cv-04021-KMK, 7:21-cv-08040-KMK.(Haas, Lennon) Modified on 1/11/2022 (wb). |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Lennon B. Haas to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25569257. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Brett Bartlett to RE-FILE Document #16 MOTION to Dismiss .. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (Supporting Documents are found under the Event Type - Replies, Opposition and Supporting Documents; Rule 56.1 Statement is found under Other Answers).. (kj) |
| Filing 16 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss . Document filed by Old Dominion Freight Lines, Inc.. (Attachments: #1 Memorandum of Law in Support of Motion to Dismiss, #2 Exhibit A, part 1, #3 Exhibit A, part 2, #4 Exhibit A, part 3, #5 Exhibit A, part 4, #6 Exhibit A, part 5).(Bartlett, Brett) Modified on 1/24/2022 (kj). |
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Filing 15
MOTION SCHEDULING ORDER: At the Conference held before the Court on December 2, 2021, the Court adopted the following briefing schedule: Defendant's Motion To Dismiss will be due no later than January 10, 2022. Plaintiffs' response will be due no later than February 10, 2022. Defendant's reply will be due no later than February 24, 2022. The Parties are reminded that there is a strict page limit of 25 pages. SO ORDERED. Motions due by 1/10/2022. Responses due by 2/10/2022 Replies due by 2/24/2022. (Signed by Judge Kenneth M. Karas on 12/2/2021) Filed In Associated Cases: 7:21-cv-04021-KMK, 7:21-cv-08040-KMK (kv)
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| Minute Entry for proceedings held before Judge Kenneth M. Karas: Pre-Motion Conference held on 12/2/2021. Steven Blau appeared on behalf of Plaintiff. Brett Bartlett appeared on behalf of Defendant. No court reporter served. The Court adopted a briefing schedule. See Order. Defendant shall file its Motion to Dismiss by no later than January 10, 2022. Plaintiff shall file a response by no later than February 10, 2022. Defendants shall file a reply by no later than February 24, 2022. (RAS) |
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Filing 14
NOTICE OF TELECONFERENCE INFORMATION: For the week of November 29, 2021, the Court will hold all civil conferences, hearings, and/or oral arguments by telephone. Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195 Please enter the conference as a guest by pressing the pound sign (#). Given that much of the Court is operating remotely and has limited mail capability, counsel involved in any pro se cases shall mail a copy of this Notice to or otherwise inform the pro se party of the above teleconference information. Counsel in any pro se inmate cases shall ensure that the pro se party is on the line before calling the above-referenced number. For initial conferences, counsel shall submit a proposed case management and discovery schedule via ECF by 5 p.m. on the evening before the initial conference. Any requests for adjournments should be filed as soon as possible and clearly explain why the conference should be adjourned. SO ORDERED. (Signed by Judge Kenneth M. Karas on 11/24/2021) (ks)
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Filing 13
MEMO ENDORSEMENT on re: (23 in 7:21-cv-04021-KMK) Letter filed by Old Dominion Freight Line, Inc., (12 in 7:21-cv-08040-KMK) Letter filed by Old Dominion Freight Lines, Inc. ENDORSEMENT: Granted. The Court will hold a teleconference for both cases on December 2, 2021 at 10:30AM. SO ORDERED. (Telephone Conference set for 12/2/2021 at 10:30 AM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 10/25/2021) (mml)
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| Filing 12 CONSENT LETTER addressed to Judge Kenneth M. Karas from Brett C. Bartlett dated October 22, 2021 re: request adjournment of upcoming conferences. Document filed by Old Dominion Freight Lines, Inc...(Bartlett, Brett) |
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Filing 11
STIPULATION AND ORDER. IT IS HEREBY STIPULATED AND AGREED by the undersigned counsel, as follows: That ACTION NO.1 and ACTION NO. 2, which involve substantially similar questions of law and fact under the New York Labor Law, should be consolidated for all purposes under Fed. R. Civ. P. Rule 42(a). Because of considerations of judicial economy, the parties request that the court SO ORDER the consolidation of the above-captioned cases subject to the following terms and conditions: Plaintiff BOWENS shall withdraw his Pre-Motion Letter Seeking Remand of this case. [b] As consolidated, and pursuant to Fed. R. Civ. P. Rule 15 (a)(2) Plaintiffs shall be permitted to serve and file an Amended Complaint in ACTION NO. 1, substantially in the form annexed hereto as Exhibit A, but adding at least six (6) other persons as party plaintiffs. Defense counsel hereby agrees to accept service of this amended pleading. [c] The time for defendant to answer or move with respect to the Amended Verified Complaint, is hereby extended up to and including November 12, 2021, or 20 days after the Amended Verified Complaint is filed, whichever is later. So Ordered. (Signed by Judge Kenneth M. Karas on 10/14/21) Filed In Associated Cases: 7:21-cv-04021-KMK, 7:21-cv-08040-KMK (yv)
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| Set/Reset Deadlines: Old Dominion Freight Lines, Inc. answer due 11/12/2021. (yv) |
| CONSOLIDATED MEMBER CASE: Create association to 7:21-cv-04021-KMK. (yv) |
| Filing 10 LETTER addressed to Judge Kenneth M. Karas from Brett C. Bartlett dated October 12, 2021 re: Letter in Opposition to Plaintiff's Pre-Motion Letter regarding Remand. Document filed by Old Dominion Freight Lines, Inc...(Bartlett, Brett) |
| Filing 9 LETTER addressed to Judge Kenneth M. Karas from Brett C. Bartlett dated October 8, 2021 re: Pre-Motion Letter to Opposing Counsel regarding Motion to Consolidate. Document filed by Old Dominion Freight Lines, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Bartlett, Brett) |
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Filing 8
MEMO ENDORSEMENT on re: #6 Letter filed by Samuel Bowens. ENDORSEMENT: The Court will hold a pre-motion conference to discuss all putative motions on 10/25/2021 at 11:30. SO ORDERED. (Pre-Motion Conference set for 10/25/2021 at 11:30 AM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 10/7/2021) (kv)
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| Filing 7 NOTICE OF APPEARANCE by Shelly Leonard on behalf of Samuel Bowens..(Leonard, Shelly) |
| Filing 6 LETTER addressed to Judge Kenneth M. Karas from Steven Bennett Blau dated 10/07/2021 re: Request for a Pre-Motion Conference to Remand. Document filed by Samuel Bowens..(Blau, Steven) |
| Filing 5 NOTICE OF APPEARANCE by Steven Bennett Blau on behalf of Samuel Bowens..(Blau, Steven) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Old Dominion Freight Lines, Inc...(Bartlett, Brett) |
| Filing 3 LETTER addressed to Judge Kenneth M. Karas from Brett C. Bartlett dated October 5, 2021 re: Pre-motion Letter to Nonmovant regarding Defendant's Motion to Dismiss. Document filed by Old Dominion Freight Lines, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B).(Bartlett, Brett) |
| Filing 2 CIVIL COVER SHEET filed..(Bartlett, Brett) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Brett Christopher Bartlett. The party information for the following party/parties has been modified: Samuel Bowens. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Brett Christopher Bartlett to RE-FILE Document No. #1 Notice of Removal,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; multiple Nature of Suit codes were selected; the second page of the PDF was omitted; the event wrong event type was used to file the civil cover sheet; the PDF must be filed separately. 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 October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Kenneth M. Karas. 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) |
| Case Designated ECF. (jgo) |
| 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. (jgo) |
| Filing 1 NOTICE OF REMOVAL from Supreme, County of Orange. Case Number: EF003199-2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-25120048).Document filed by Old Dominion Freight Lines, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet).(Bartlett, Brett) |
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| Plaintiff: Samuel Bowens | |
| Represented By: | Shelly Leonard |
| Represented By: | Steven Bennett Blau |
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| Defendant: Old Dominion Freight Lines, Inc. | |
| Represented By: | Brett Christopher Bartlett |
| Represented By: | Lennon Haas |
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