Walsh v. Berkshire Nursery & Supply Corp. et al
| Martin J. Walsh |
| Berkshire Nursery & Supply Corp. and Jesus Flores |
| 7:2023cv00275 |
| January 12, 2023 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Labor: Fair Standards |
| 29 U.S.C. § 215 fl FLSA: Prohibited Acts |
| None |
Docket Report
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Filing 38
ORDER re: #37 Status Report: By 8/31/2023, the parties shall file a further joint status report regarding WHD's investigation and defendants' termination of two employees. Upon reviewing the joint status report, if appropriate, the Court will reschedule the initial conference. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (lrc)
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Filing 37
STATUS REPORT. Document filed by Martin J. Walsh..(Tai, Amy)
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Filing 36
ORDER re: #35 Rule 26(f) Discovery Plan Report: In light of plaintiff's letter stating both parties would like to review and discuss findings from WHD's investigation, which plaintiff anticipates "will conclude in the near future," and further discuss whether they can resolve any issues regarding back wages without further litigation, the initial conference scheduled for 6/29/2023 is ADJOURNED WITHOUT DATE. By 7/31/2023, the parties shall file a joint status report, at which time, if appropriate, the Court will reschedule the initial conference. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (lrc)
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Filing 35
RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Martin J. Walsh. (Attachments: #1 Text of Proposed Order Plaintiff's Proposed Discovery Plan).(Tai, Amy)
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Filing 33
ORDER re: #32 Letter filed by Martin J. Walsh, #31 Mediation Referral Order: Plaintiff's request to remove this case from the Court-annexed mediation program is GRANTED in light of the status of the Secretary's investigation and the nature of the claims asserted in this action. The initial conference in this action remains scheduled for 6/29/2023 at 3:00 p.m., to be conducted at the White Plains courthouse, Courtroom 620. (HEREBY ORDERED by Senior District Judge Vincent L. Briccetti) (Text Only Order) (lrc) Transmission to Mediation Clerk for processing.
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Filing 32
JOINT LETTER addressed to Judge Vincent L. Briccetti from Amy Tai and Howard Schragin dated 4/21/2023 re: Mediation Referral Order. Document filed by Martin J. Walsh..(Tai, Amy)
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NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 5/1/2023.(ah)
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Filing 31
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 4/7/2023. (Signed by Judge Vincent L. Briccetti on 12/10/2019) (rpr)
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Filing 30
NOTICE OF INITIAL CONFERENCE: Initial Conference set for 6/29/2023 at 03:00 PM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti..(ks)
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Filing 29
ANSWER to #1 Complaint. Document filed by Berkshire Nursery & Supply Corp., Jesus Flores..(Schragin, Howard)
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Filing 28
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Berkshire Nursery & Supply Corp...(Schragin, Howard)
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Filing 27
STIPULATION AND ORDER REGARDING SERVICE OF PROCESS AND EXTENDING TIME TO RESPOND TO COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff and Defendants BERKSHIRE NURSERY & SUPPLY CORP. and JESUS FLORES, through their undersigned attorneys, who are authorized to enter into this Stipulation, that: 1. Defendants hereby acknowledge that Plaintiff has properly served them with process in New York by delivering a copy of the summons, complaint, and Order to Show Cause and accompanying materials on January 20, 2023 to Defendants Berkshire Nursery & Supply Corp. and Jesus Flores; and thereby waive any defenses based on alleged insufficient process or service of process. 2. The time for Defendants to answer, move, or otherwise respond to the Complaint in the above-captioned action is hereby extended to and including March 15, 2023. 3. This stipulation may be executed in counterparts and when taken together shall constitute one original documents, and any signatures transmitted by electronic means may be deemed an original. The Clerk is instructed to terminate the letter motion. (Doc. #26). IT IS SO ORDERED. Motions terminated: #26 LETTER MOTION for Extension of Time to File Answer addressed to Judge Vincent L. Briccetti from Howard Schragin dated February 27, 2023. filed by Berkshire Nursery & Supply Corp., Jesus Flores. Berkshire Nursery & Supply Corp. answer due 3/15/2023; Jesus Flores answer due 3/15/2023. (Signed by Judge Vincent L. Briccetti on 2/28/2023) (tg)
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Filing 26
LETTER MOTION for Extension of Time to File Answer addressed to Judge Vincent L. Briccetti from Howard Schragin dated February 27, 2023. Document filed by Berkshire Nursery & Supply Corp., Jesus Flores. (Attachments: #1 Exhibit Stipulation).(Schragin, Howard)
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Filing 25
ORDER: Accordingly, provided that defendants remains in default, plaintiff is ORDERED to seek a certificate of default as to defendants by March 13, 2023, and thereafter to move, by order to show cause and in accordance with the Court's Individual Practices, for default judgment against defendants by March 27, 2023. If plaintiff fails to satisfy either deadline, the Court may dismiss the case without prejudice for failure to prosecute or failure to comply with court orders. Fed. R. Civ. P. 41(b). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 2/27/2023) ( Motions due by 3/27/2023.) (ks)
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Filing 24
CONSENT ORDER FOR PRELIMINARY INJUNCTION: Pursuant to Rule 65 of the Federal Rules of Civil Procedure, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel to the parties in the above-captioned action, who are authorized to enter into this Consent Order, and THEREFORE ORDERED that Defendants BERKSHIRE NURSERY & SUPPLY CORP. and JESUS FLORES, their officers, agents, employees, successors, and all persons acting or claiming to act in their behalf and interest are enjoined during the pendency of this litigation as follows, as further set forth. IT IS FURTHER ORDERED that, to the extent not already done: 9. By February 1, 2023, Defendants shall allow representatives of the Secretary to read aloud in English, Spanish, and any other language as necessary to be understood by Defendants' employees, during employees' paid working hours, the following statement to all employees employed by Defendants, and in the presence of Defendant Flores, as further set forth. The parties acknowledge that this Consent Order is entered into voluntarily by the parties, and it shall not be deemed an admission by Defendants of any unlawful conduct alleged by the Secretary. The restrictions imposed by this Consent Order for Preliminary Injunction are ongoing and shall remain in full force and effect until otherwise ordered by this Court. IT IS SO ORDERED. (Signed by Judge Vincent L. Briccetti on 2/6/2023) (mml)
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Filing 23
MEMO ENDORSEMENT on re: #22 Proposed Consent Order filed by Martin J. Walsh. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED: The 2/14/2023 preliminary injunction hearing is cancelled. (Signed by Judge Vincent L. Briccetti on 2/6/2023) (mml)
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Filing 22
PROPOSED CONSENT ORDER. Document filed by Martin J. Walsh. (Attachments: #1 Text of Proposed Order for Preliminary Injunction).(Tai, Amy)
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Filing 21
STIPULATION AND ORDER EXTENDING TEMPORARY RESTRAINING ORDER: Pursuant to Rule 65(b)(2) of the Federal Rules of Civil Procedure, IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff and. Defendants BERKSHIRE NURSERY & SUPPLY CORP. and JESUS FLORES, through their undersigned attorneys, who are authorized to enter into this Stipulation, that: 1. Defendants consent to an extension of the Temporary Restraining Order entered by the Court on January 18, 2023 (ECF No. 15). 2. The Parties are attempting to finalize the terms of a Consent Order for Preliminary Injunction, which would obviate the need for the preliminary injunction hearing on January 31, 2023. 3. Accordingly, Defendants consent to the Temporary Restraining Order, such that it continues to be in effect until February 14, 2023 or until a Consent Order for Prelimina1y Injunction is entered by the Court, if earlier. 4. This stipulation may be executed in counterparts and when taken together shall constitute one original documents, and any signatures transmitted by electronic means may be deemed an original. IT IS SO ORDERED. (Signed by Judge Vincent L. Briccetti on 1/27/2023) (mml)
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Filing 20
ORDER granting #19 Letter Motion: The preliminary injunction hearing scheduled for 1/31/2023, is adjourned to 2/14/2023, at 11:00 a.m. The conference will proceed in person, at the White Plains courthouse, Courtroom 620. The temporary restraining order shall remain in effect until then, as set forth in the parties' stipulation and order, which shall be separately docketed. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (lrc)
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Filing 19
LETTER MOTION to Adjourn Conference with Stipulation to Extend Temporary Restraining Order addressed to Judge Vincent L. Briccetti from Amy Tai dated 1/27/2023. Document filed by Martin J. Walsh. (Attachments: #1 Text of Proposed Order Stipulation to Extend TRO).(Tai, Amy)
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Filing 18
AFFIDAVIT OF SERVICE of Summons and Complaint. Jesus Flores served on 1/20/2023, answer due 2/10/2023. Service was accepted by Jesus Flores. Document filed by Martin J. Walsh., AFFIDAVIT OF SERVICE of Order to Show Cause (ECF No. 15) and accompanying memorandum of law and declarations served on Jesus Flores on 1/20/2023. Service was accepted by Jesus Flores. Document filed by Martin J. Walsh..(Tai, Amy)
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Filing 17
AFFIDAVIT OF SERVICE of Order to Show Cause (ECF No. 15) and accompanying memorandum of law and declarations served on Berkshire Nursery & Supply Corp. on 1/20/2023. Service was accepted by Jesus Flores. Document filed by Martin J. Walsh., AFFIDAVIT OF SERVICE of Summons and Complaint. Berkshire Nursery & Supply Corp. served on 1/20/2023, answer due 2/10/2023. Service was accepted by Jesus Flores. Document filed by Martin J. Walsh..(Tai, Amy)
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Filing 16
CERTIFICATE OF SERVICE of Order to Show Cause (ECF No. 15) and memorandum of law and declarations in support of TRO and Order to Show Cause (ECF Nos. 4-6), Summons (ECF Nos. 9, 10), and Complaint (ECF No. 1) served on counsel for Berkshire Nursery & Supply Corp. and Jesus Flores on 1/19/2023. Service was accepted by Michael Curto. Service was made by e-mail per Court Order. Document filed by Martin J. Walsh..(Tai, Amy)
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Filing 15
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER: ORDERED, that the above named Defendants show cause before a motion term of thisCourt, at Room 620, Federal Building and United States Courthouse, 300 Quarropas Street, White Plains, New York on January 31, 2023, at 11:00 A.M. IT IS FURTHER ORDERED that, sufficient reason having been shown therefor, pending the hearing of Plaintiff's application for a preliminary injunction, pursuant to Rule 65 of the Federal Rules of Civil Procedure, that Defendants, their officers, employees, agents, successors, and all persons acting or claiming to act in their behalf and interest shall be enjoined from: as set forth herein. Within seven days of this order, Defendants shall mail a hard copy of the above statement, attached hereto as Exhibit A, in English, Spanish, and other language as necessary to be understood by Defendants' employees, to all current and former employees (employed at any time between January 12, 2020 and the present) at their last known addresses, along with contact information for representatives of the Secretary (to be provided by the Secretary's representatives); IT IS FURTHER ORDERED that personal service of a copy of this order, the annexed declarations and memorandum of law upon the Defendants, and e-mail service upon Defendants' counsel on or before 5:00 o'clock in the p.m. January 20, 2023, shall be deemed good and sufficient service thereof. Papers in opposition if any, shall be filed by January 27, 2023. (Issued at 1:00 p.m. on Jan. 18, 2023. Show Cause Hearing set for 1/31/2023 at 11:00 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti. Show Cause Response due by 1/27/2023. (Signed by Judge Vincent L. Briccetti on 1/18/2023) (ama)
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Filing 14
LETTER addressed to Judge Vincent L. Briccetti from Amy Tai dated 1/18/2023 re: Revised Proposed Order to Show Cause. Document filed by Martin J. Walsh. (Attachments: #1 Text of Proposed Order Revised Proposed Order to Show Cause for Preliminary Injunction and Temporary Restraining Order with Exhibit A (Notice to Employees)).(Tai, Amy)
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Minute Entry for proceedings held before Judge Vincent L. Briccetti: Status Conference held on 1/17/2023 regarding plaintiff's application for Order to Show Cause with a Temporary Restraining Order, ( Show Cause Hearing set for 1/31/2023 at 11:00 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti.). No appearance by the defendants.(Court Reporter Darby Ginsberg) (dh)
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Filing 13
ORDER denying #12 Letter Motion for Conference: The request to appear remotely is DENIED. Counsel should have anticipated that her personal appearance on short notice might be required with respect to an application for a TRO without notice. However, solely because of the unavailability of counsel, the conference is adjourned to 1/17/2023 at 2:00 p.m., to take place in Courtroom 620 at the White Plains courthouse. Investigator Alarcon (as well as any other investigator who may have relevant information to provide to the Court) shall also attend the conference on 1/17/2023 in person. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent)
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Filing 12
LETTER MOTION for Conference re: 11 Order, Requesting Leave to Appear Remotely addressed to Judge Vincent L. Briccetti from Amy Tai dated January 12, 2023. Document filed by Martin J. Walsh..(Tai, Amy)
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Filing 11
ORDER: The Court directs plaintiff's counsel to appear in person for a conference at the White Plains Courthouse, Courtroom 620, on Friday, 1/13/2023, at 11:00 a.m., regarding plaintiff's application for a temporary restraining order. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (Briccetti, Vincent)
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Filing 10
ELECTRONIC SUMMONS ISSUED as to Jesus Flores..(pc)
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Filing 9
ELECTRONIC SUMMONS ISSUED as to Berkshire Nursery & Supply Corp...(pc)
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Filing 8
REQUEST FOR ISSUANCE OF SUMMONS as to Jesus Flores, re: #1 Complaint. Document filed by Martin J. Walsh..(Tai, Amy)
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Filing 7
REQUEST FOR ISSUANCE OF SUMMONS as to Berkshire Nursery & Supply Corp., re: #1 Complaint. Document filed by Martin J. Walsh..(Tai, Amy)
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Filing 6
DECLARATION of Gisselle Alarcon in Support re: #3 Proposed Order to Show Cause With Emergency Relief, #4 Memorandum of Law in Support. Document filed by Martin J. Walsh. (Attachments: #1 Exhibit A (WHD Fact Sheet 77A on Prohibiting Retaliation Under the FLSA).(Tai, Amy)
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Filing 5
DECLARATION of Amy Tai in Support re: #3 Proposed Order to Show Cause With Emergency Relief. Document filed by Martin J. Walsh..(Tai, Amy)
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Filing 4
EX PARTE MEMORANDUM OF LAW in Support re: #3 Proposed Order to Show Cause With Emergency Relief . Document filed by Martin J. Walsh..(Tai, Amy)
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Filing 3
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Martin J. Walsh..(Tai, Amy) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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Filing 2
CIVIL COVER SHEET filed..(Tai, Amy)
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Filing 1
COMPLAINT against Berkshire Nursery & Supply Corp., Jesus Flores. Document filed by Martin J. Walsh..(Tai, Amy)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Amy Tai. The following case opening statistical information was erroneously selected/entered: Office code Foley Square;. The following correction(s) have been made to your case entry: the Office code has been modified to White Plains;. (pc)
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #3 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (nd)
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Case Designated ECF. (pc)
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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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc)
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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..(pc)
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