Mercier v. Paychex, Inc.
| Scott Mercier and Barbara Szczblewski |
| Paychex, Inc. |
| 6:2019cv06452 |
| June 21, 2019 |
| US District Court for the Western District of New York |
| Elizabeth A Wolford |
| Labor: Fair Standards |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
Docket Report
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| Filing 11 TEXT ORDER re #5 Motion to Dismiss. The Court is in receipt of Plaintiffs' letter request for an extension of time stating that the request was consented to by Defendant. Plaintiffs' request for an extension of time to file response papers is granted. Responses are due on or before 8/26/2019. Replies are due on or before 9/3/2019. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 8/19/2019. (KAC) |
| Filing 10 TEXT ORDER. The Court is in receipt of a letter from Defendant addressed to the Clerk of Court notifying the Court, pursuant to Local Rule 5.1(e), of the purportedly related nature of the instant case to another matter currently pending before the Honorable Michael A. Telesca, Errickson v. Paychex, Inc., No. 19-cv-6347 (W.D.N.Y. May 5, 2019). Defendant requests that the instant matter be transferred to Judge Telesca to avoid "unnecessary duplication of judicial effort and resources." Defendant's letter notes that Plaintiffs do not consent to the transfer request.Local Rule 5.1(e) provides for the assignment of related cases to the same district judge when such assignment "would avoid unnecessary duplication of judicial effort." If Plaintiffs oppose the transfer of this case, they must submit a response supporting their position on or before August 5, 2019. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 7/31/2019. (KAC) |
| Filing 9 NOTICE of Appearance by Jeffrey League on behalf of Paychex, Inc. (League, Jeffrey) |
| Filing 8 NOTICE of Appearance by Stephen J. Jones on behalf of Paychex, Inc. (Jones, Stephen) |
| Filing 7 TEXT ORDER re #5 Motion to Dismiss. Responses are due on or before 8/19/2019. Replies are due on or before 8/26/2019. Upon receipt of all papers, the Court will determine if oral argument is necessary and, if so, will advise the parties of the date and time. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 7/30/2019. (KAC) |
| Filing 6 Corporate Disclosure Statement by Paychex, Inc.. (Shinaman, Todd) |
| Filing 5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Paychex, Inc.. (Attachments: #1 Memorandum in Support, #2 Certificate of Service)(Shinaman, Todd) |
| Filing 4 CONSENT TO BECOME A PARTY PLAINTIFF by Benjamin L. Davis, III on behalf of Barbara Szczblewski. (Davis, Benjamin) |
| E-Filing Notification: Missing case caption and/or case number and incorrect event used to electronically file document. Action required: re-file document in proper format using Consent to become a party plaintiff event RE #3 NOTICE by Barbara Szczblewski of Consent to be a Party Plaintiff. (TF) |
| Filing 3 NOTICE by Barbara Szczblewski of Consent to be a Party Plaintiff (Davis, Benjamin) |
| Filing 2 Summons Issued as to Paychex, Inc.. (TF) |
| Case assigned to Hon. Elizabeth A. Wolford. Notification to Chambers of on-line civil opening. (TF) |
| 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. (TF) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution(TF) |
| Filing 1 COMPLAINT for Wages Owed against Paychex, Inc. $ 400 receipt number 0209-3495791, filed by Scott Mercier. (Attachments: #1 Civil Cover Sheet, #2 Supplement, #3 Exhibit A)(Davis, Benjamin) |
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