Jeffrey Siefert v. Specialty Restaurants Corp.
| Jeffrey Siefert |
| Specialty Restaurants Corp. |
| 1:2020cv00852 |
| July 9, 2020 |
| US District Court for the Western District of New York |
| H Kenneth Schroeder |
| Lawrence J Vilardo |
| Labor: Other |
| 29 U.S.C. § 790 |
| Plaintiff |
Docket Report
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| Filing 31 Mail Returned as Undeliverable. Admission Verification Requested sent to Helen Igorevna Braginsky. (SG) |
| Filing 30 NOTICE of Appearance by John Joseph Nestico on behalf of Jeffrey Siefert (Nestico, John) |
| Filing 29 TEXT ORDER re #25 MOTION to Compel Individual Arbitration and Dismiss the Complaint or Alternatively Stay the Proceedings of Plaintiff's Claims MOTION to Dismiss MOTION to Stay filed by Specialty Restaurants Corp.: Responses due by 9/11/2020. Replies due by 10/9/2020. SO ORDERED. Issued by Hon. H. Kenneth Schroeder Jr. on 7/29/2020. (KER) |
| Filing 28 TEXT REFERRAL ORDER (DISPOSITIVE) - Hon. H. Kenneth Schroeder Jr., United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 7/29/2020. (CMD) |
| E-Filing Notification: #25 MOTION to Compel modified to include MOTION to Dismiss and MOTION to Stay (SG) |
| Filing 27 CERTIFICATE OF SERVICE by Specialty Restaurants Corp. re #26 Corporate Disclosure Statement, #24 Notice of Appearance, #23 Notice of Appearance, #25 MOTION to Compel Individual Arbitration and Dismiss the Complaint or Alternatively Stay the Proceedings of Plaintiff's Claims via Federal Express (Polito, Jacqueline) |
| Filing 26 Corporate Disclosure Statement by Specialty Restaurants Corp.. (Polito, Jacqueline) |
| Filing 25 MOTION to Compel Individual Arbitration and Dismiss the Complaint or Alternatively Stay the Proceedings of Plaintiff's Claims by Specialty Restaurants Corp.. (Attachments: #1 Memorandum in Support, #2 Declaration of Jacqueline Phipps Polito, #3 Declaration of Heather Arcos w/ Exhibit (Exhibit 1 to Polito Decl.))(Polito, Jacqueline). Added MOTION to Dismiss, MOTION to Stay on 7/24/2020 (SG). |
| Filing 24 NOTICE of Appearance by Nicole D. Ladner on behalf of Specialty Restaurants Corp. (Ladner, Nicole) |
| Filing 23 NOTICE of Appearance by Jacqueline Phipps Polito on behalf of Specialty Restaurants Corp. (Polito, Jacqueline) |
| Filing 22 Case transferred in from District of California Central; Case Number 8:20-cv-00790. |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(CGJ) |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (CGJ) |
Filing 21
MINUTES (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson re: #13 MOTION to Transfer Case. Based on the evidence and arguments presented by the parties, the Court concludes that transferring this case will better serve the interests of justice and the convenience of the parties and witnesses. Transfer under 1404(a) is therefore appropriate. The Court grants Defendant's Motion to Transfer Venue and hereby orders the Clerk to transfer this action to the United States District Court for the Western District of New York. See 28 U.S.C. 1404. (See document for full details). Case transferred electronically on 7/8/2020. MD JS-6. Case Terminated. (mrgo) [Transferred from cacd on 7/9/2020.]
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Filing 20
TEXT ONLY ENTRY ORDER by Judge Percy Anderson: On the Courts own motion, the MOTION to Transfer Venue #13 currently set for hearing on June 29, 2020, is hereby VACATED. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tj) TEXT ONLY ENTRY [Transferred from cacd on 7/9/2020.]
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| Filing 19 REPLY In Support Of NOTICE OF MOTION AND MOTION to Transfer Case to Western District of New York #13 filed by Defendant Specialty Restaurants Corp.. (Braginsky, Helen) [Transferred from cacd on 7/9/2020.] |
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Filing 18
ORDER DENYING PLAINTIFFS MOTION FOR CONTINUANCE OF HEARING ON MOTION TO TRANSFER VENUE #15 by Judge Percy Anderson (lc) [Transferred from cacd on 7/9/2020.]
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| Filing 17 OPPOSITION to NOTICE OF MOTION AND MOTION to Transfer Case to Western District of New York #13 filed by Plaintiff Jeffrey Siefert. (Attachments: #1 Supplement Plaintiffs Request for Judicial Notice In Support Of Plaintiffs Response In Opposition To Defendants Motion To Transfer Venue)(Cottrell, Carolyn) [Transferred from cacd on 7/9/2020.] |
| Filing 16 OPPOSITION re: NOTICE OF MOTION AND MOTION for Hearing Continuance, re NOTICE OF MOTION AND MOTION to Transfer Case to Western District of New York #13 , #15 filed by Defendant Specialty Restaurants Corp.. (Attachments: #1 Declaration Of Sarah Ross)(Braginsky, Helen) [Transferred from cacd on 7/9/2020.] |
| Filing 15 NOTICE OF MOTION AND MOTION for Hearing Continuance, re NOTICE OF MOTION AND MOTION to Transfer Case to Western District of New York #13 , filed by Plaintiff Jeffrey Siefert. Motion set for hearing on 7/13/2020 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Proposed Order) (Edelstein, Ori) [Transferred from cacd on 7/9/2020.] |
| Filing 14 Notice of Appearance or Withdrawal of Counsel: for attorney Sarah Elana Ross counsel for Defendant Specialty Restaurants Corp.. Adding Sarah E. Ross as counsel of record for Specialty Restaurants Corp. for the reason indicated in the G-123 Notice. Filed by defendant Speciality Restaurants Corp.. (Attorney Sarah Elana Ross added to party Specialty Restaurants Corp.(pty:dft))(Ross, Sarah) [Transferred from cacd on 7/9/2020.] |
| Filing 13 NOTICE OF MOTION AND MOTION to Transfer Case to Western District of New York filed by Defendant Specialty Restaurants Corp.. Motion set for hearing on 6/29/2020 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Memorandum of Points & Authorities, #2 Declaration of Sarah E. Ross, #3 Declaration of Stephen Rams, #4 Proposed Order) (Attorney Helen Igorevna Braginsky added to party Specialty Restaurants Corp.(pty:dft)) (Braginsky, Helen) [Transferred from cacd on 7/9/2020.] |
| Filing 12 PROOF OF SERVICE Executed by Plaintiff Jeffrey Siefert, upon Defendant Specialty Restaurants Corp. served on 5/11/2020, answer due 6/1/2020. Service of the Summons and Complaint were executed upon Jody Moua - Person Authorized to Accept Service of Process in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Cottrell, Carolyn) [Transferred from cacd on 7/9/2020.] |
| Filing 11 First AMENDED COMPLAINT against Defendant Specialty Restaurants Corp. amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Jeffrey Siefert(Cottrell, Carolyn) [Transferred from cacd on 7/9/2020.] |
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Filing 10
MINUTE ORDER IN CHAMBERS - ORDER TO SHOW CAUSE by Judge Percy Anderson. Because Plaintiff has failed to establish that at least one plaintiff and one defendant are citizens of different states, the Court dismisses Plaintiff's Complaint for lack of subject matter jurisdiction. Despite these deficiencies, a district court may, and should, grant leave to amend when it appears that subject matter jurisdiction may existeven though the complaint inadequately alleges jurisdiction. Plaintiff's Amended Complaint, if any, shall be filed no later than May 8, 2020. (lom) [Transferred from cacd on 7/9/2020.]
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Filing 9
STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (lom) [Transferred from cacd on 7/9/2020.]
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| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Specialty Restaurants Corp. (et) [Transferred from cacd on 7/9/2020.] |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) [Transferred from cacd on 7/9/2020.] |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Douglas F. McCormick. (et) [Transferred from cacd on 7/9/2020.] |
| Filing 5 NOTICE RE INTRA-DISTRICT TRANSFER by Clerk of Court due to incorrect intra-district venue selected by the filer. Case is transferred to the Southern Division. Case has been assigned to Judge Percy Anderson for all further proceedings. Any matters that may be referred to a Magistrate Judge are assigned to Douglas F. McCormick. New Case Number 8:20-cv-00790-PA (DFMx). (et) [Transferred from cacd on 7/9/2020.] |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff JEFFREY SIEFERT. (Cottrell, Carolyn) [Transferred from cacd on 7/9/2020.] |
| Filing 3 NOTICE of Interested Parties filed by Plaintiff JEFFREY SIEFERT, (Cottrell, Carolyn) [Transferred from cacd on 7/9/2020.] |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff JEFFREY SIEFERT. (Cottrell, Carolyn) [Transferred from cacd on 7/9/2020.] |
| Filing 1 COMPLAINT Receipt No: ACACDC-26200078 - Fee: $400, filed by Plaintiff JEFFREY SIEFERT. (Attorney Carolyn H Cottrell added to party JEFFREY SIEFERT(pty:pla))(Cottrell, Carolyn) [Transferred from cacd on 7/9/2020.] |
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