Budrow v. McCarey Landscaping, Inc. et al
| John T Budrow |
| McCarey Landscaping, Inc., Donna McCarey, Timothy McCarey and John Does |
| 7:2022cv01773 |
| March 3, 2022 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| 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 July 22, 2022. A more recent docket listing may be available from PACER.
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| SUBSEQUENT MEDIATION CONFERENCE. Mediation Conference scheduled for 5/25/2022 at 10:00 AM in telephone or video conference.(mnp) |
Filing 10
ORDER denying #9 Letter Motion for Leave to File Document: The request to remove the case from mediation is DENIED. The parties shall continue with mediation. If defendants file a motion to dismiss the complaint and/or compel arbitration, that motion will be considered in due course concurrently with the mediation proceedings. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (egb)
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| Filing 9 LETTER MOTION for Leave to File addressed to Judge Vincent L. Briccetti from Seamus P. Weir, Esq. dated April 8, 2022. Document filed by Donna McCarey, Timothy McCarey, McCarey Landscaping, Inc...(Weir, Seamus) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 5/4/2022.(ah) |
| Filing 8 WAIVER OF SERVICE RETURNED EXECUTED. Timothy McCarey waiver sent on 3/7/2022, answer due 5/6/2022; Donna McCarey waiver sent on 3/7/2022, answer due 5/6/2022; McCarey Landscaping, Inc. waiver sent on 3/7/2022, answer due 5/6/2022. Document filed by Timothy McCarey; Donna McCarey; McCarey Landscaping, Inc...(Weir, Seamus) |
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Filing 7
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 4/11/2022. (Signed by Judge Vincent L. Briccetti on 12/10/2019) (jpt)
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| Filing 6 NOTICE OF APPEARANCE by Seamus Patrick Weir on behalf of Donna McCarey, Timothy McCarey, McCarey Landscaping, Inc...(Weir, Seamus) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Donna McCarey, Timothy McCarey, McCarey Landscaping, Inc...(lal) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to McCarey Landscaping, Inc., Donna McCarey, Timothy McCarey, re: #1 Complaint,. Document filed by John T Budrow..(Echevarria, Jennifer) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney John T Budrow. The party information for the following party/parties has been modified: John T Budrow, John Does. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. 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..(vf) |
| Magistrate Judge Paul E. Davison 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. (vf) |
| Case Designated ECF. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jennifer Susan Echevarria to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): The Request for Issuance of Summons cannot be issued for the party requested (John Does) because it does not identify the party subject to service. Pursuant to FRCP Rule 4(a)(1)(A) and FRCP Rule 4(a)(1)(B) : a summons must name the parties and be directed to the defendant. Once the party has been identified, the filing party may request a summons at that time. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) |
| Filing 3 FILING ERROR - DEFICIENT- SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to McCarey Landscaping, Inc., Donna McCarey, Timothy McCarey, John Does as the top 10 shareholders of McCarey Landscaping, Inc., re: #1 Complaint,. Document filed by John T Budrow..(Echevarria, Jennifer) Modified on 3/4/2022 (vf). |
| Filing 2 CIVIL COVER SHEET filed..(Echevarria, Jennifer) |
| Filing 1 COMPLAINT against John Does, Donna McCarey, Timothy McCarey, McCarey Landscaping, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25809052)Document filed by John T Budrow. (Attachments: #1 Exhibit BCL 630 Notice, #2 Exhibit demand to inspect corporate books, #3 Exhibit preservation demand, #4 Exhibit notice of attorney lien).(Echevarria, Jennifer) |
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