Lee v. Insomnia Cookies, LLC et al
Plaintiff: Joseph Lee
Defendant: Insomnia Cookies, LLC, KRISPY KREME INC doing business as Krispy Kreme Doughnut of New York doing business as Krispy Kreme, Serve U Brand, Inc. and Seth Berkowitz
Case Number: 6:2023cv06321
Filed: June 14, 2023
Court: US District Court for the Western District of New York
Presiding Judge: Frank P Geraci
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. ยง 201 Fair Labor Standards Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 11, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 3, 2023 Opinion or Order Filing 17 REPLY/RESPONSE to re #12 Letter Response to Defendants Letter Reporting Related Case. /pk filed by Joseph Lee. (Troy, John)
July 25, 2023 Opinion or Order Filing 16 CONTINUATION OF EXHIBITS to E-Filing Notification, ECF Registration Form Signed Physically by Alex J. Seidenberg. (Klein, Douglas)
July 25, 2023 Opinion or Order E-Filing Notification: #15 CONTINUATION OF EXHIBITS by Seth Berkowitz, Insomnia Cookies, LLC, KRISPY KREME INC, Serve U Brand, Inc.. to E-Filing Notification, (ECF Registration Form Corrected) filed by Seth Berkowitz, Insomnia Cookies, LLC, KRISPY KREME INC, Serve U Brand, Inc.. (Klein, Douglas) ACTION REQUIRED: Attorneys, not admitted to this Court, are unable to /s/ documents in lieu of a wet signature. Once admitted, their CM/ECF username and password can be used as a signature as per the Administrative Procedures Guide for Electronic Filing 2(G)(iii). Refile document using Docketing Event: Continuation of Exhibits. (DDS)
July 20, 2023 Opinion or Order Filing 15 CONTINUATION OF EXHIBITS by Seth Berkowitz, Insomnia Cookies, LLC, KRISPY KREME INC, Serve U Brand, Inc.. to E-Filing Notification, (ECF Registration Form Corrected) filed by Seth Berkowitz, Insomnia Cookies, LLC, KRISPY KREME INC, Serve U Brand, Inc.. (Klein, Douglas)
July 20, 2023 Opinion or Order Filing 14 TEXT ORDER re: #12 Letter filed by Serve U Brand, Inc., KRISPY KREME INC, Seth Berkowitz, Insomnia Cookies, LLC as to Serve U Brand, Inc., KRISPY KREME INC, Seth Berkowitz, Insomnia Cookies, LLC Regarding Related Case. Plaintiff shall file a response to Defendants' letter by August 3, 2023. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 7/20/2023. (MFM)
July 20, 2023 Opinion or Order E-Filing Notification: #13 MOTION to appear pro hac vice for attorney Alex J. Seidenberg. ACTION REQUIRED: Attorney Database and CM/ECF Registration Form lists incorrect case number, judge and signature of attorney seeking admission on second page. Refile document using docketing event: Continuation of Exhibits. (DDS)
July 19, 2023 Opinion or Order Filing 13 MOTION to appear pro hac vice ( Filing fee $ 200 receipt number ANYWDC-4928452.) by Seth Berkowitz, Insomnia Cookies, LLC, KRISPY KREME INC, Serve U Brand, Inc.. (Attachments: #1 Petition, #2 Exhibit A to Motion, #3 Sponsor's Form, #4 Attorney Oath, #5 Civility Principles Oath, #6 ECF Registration Form)(Klein, Douglas)
July 19, 2023 Opinion or Order Filing 12 Letter filed by Serve U Brand, Inc., KRISPY KREME INC, Seth Berkowitz, Insomnia Cookies, LLC as to Serve U Brand, Inc., KRISPY KREME INC, Seth Berkowitz, Insomnia Cookies, LLC Regarding Related Case. (Klein, Douglas)
July 19, 2023 Opinion or Order Filing 11 Corporate Disclosure Statement by KRISPY KREME INC. (Klein, Douglas)
July 19, 2023 Opinion or Order Filing 10 Corporate Disclosure Statement by Insomnia Cookies, LLC, Serve U Brand, Inc. identifying Corporate Parent Krispy Kreme Doughnut Corp. for Insomnia Cookies, LLC, Serve U Brand, Inc... (Klein, Douglas)
July 19, 2023 Opinion or Order Filing 9 WAIVER OF SERVICE Returned Executed by KRISPY KREME INC. KRISPY KREME INC waiver sent on 6/19/2023, answer due 8/18/2023. (Klein, Douglas)
July 19, 2023 Opinion or Order Filing 8 WAIVER OF SERVICE Returned Executed by Serve U Brand, Inc., Seth Berkowitz, Insomnia Cookies, LLC. Serve U Brand, Inc. waiver sent on 6/19/2023, answer due 8/18/2023; Seth Berkowitz waiver sent on 6/19/2023, answer due 8/18/2023; Insomnia Cookies, LLC waiver sent on 6/19/2023, answer due 8/18/2023. (Klein, Douglas)
July 19, 2023 Opinion or Order Filing 7 NOTICE of Appearance by Douglas J Klein on behalf of Seth Berkowitz, Insomnia Cookies, LLC, KRISPY KREME INC, Serve U Brand, Inc. (Klein, Douglas)
July 19, 2023 Opinion or Order Filing 6 NOTICE of Appearance by Noel P Tripp on behalf of Seth Berkowitz, Insomnia Cookies, LLC, KRISPY KREME INC, Serve U Brand, Inc. (Tripp, Noel)
June 19, 2023 Opinion or Order Filing 5 REQUEST FOR WAIVER of Service sent to INSOMNIA COOKIES LLC d/b/a Insomnia Cookies; KRISPY KREME INC f/d/b/a Krispy Kreme Doughnut of New York and d/b/a Krispy Kreme; SERVE U BRANDS, INC.; and SETH BERKOWITZ on June 19, 2023 /mh by Joseph Lee. Waiver of Service due by 7/19/2023. (Attachments: #1 Exhibit 01 Waiver of the Service of Summons /mh)(Troy, John)
June 15, 2023 Opinion or Order Filing 4 Summons Issued as to Seth Berkowitz, Insomnia Cookies, LLC, KRISPY KREME INC, Serve U Brand, Inc. (TMK)
June 15, 2023 Opinion or Order Case Assigned to Hon. Frank P. Geraci, Jr. Notification to Chambers of on-line civil case opening. (TMK)
June 15, 2023 Opinion or Order AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK)
June 15, 2023 Opinion or Order 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. (TMK)
June 14, 2023 Opinion or Order Filing 3 Original Summons Filed. (Attachments: #1 Civil Cover Sheet)(Troy, John)
June 14, 2023 Opinion or Order Filing 2 CONSENT TO BECOME A PARTY PLAINTIFF by John Troy on behalf of Joseph Lee. (Troy, John)
June 14, 2023 Opinion or Order Filing 1 COMPLAINT against Seth Berkowitz, Insomnia Cookies, LLC, KRISPY KREME INC, Serve U Brand, Inc. $ 402 receipt number ANYWDC-4900284, filed by Joseph Lee. (Attachments: #1 Exhibit 01 Notice to Enforce Shareholders Liability, #2 Exhibit 02 Notice to Inspect Share Records, #3 Exhibit 03 Document Preservation Hold Notice, #4 Exhibit 04 Notice of Lien and Assignment, #5 Exhibit 05 Notice that Retaliation is Illegal under the FLSA and NYLL, #6 Exhibit 06 Notice Settlement Under the Table is Prohibited /mh)(Troy, John)

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Plaintiff: Joseph Lee
Represented By: John Troy
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Defendant: Insomnia Cookies, LLC
Represented By: Alex J. Seidenberg
Represented By: Douglas J Klein
Represented By: Noel P Tripp
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Defendant: KRISPY KREME INC doing business as Krispy Kreme Doughnut of New York doing business as Krispy Kreme
Represented By: Alex J. Seidenberg
Represented By: Douglas J Klein
Represented By: Noel P Tripp
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Defendant: Serve U Brand, Inc.
Represented By: Alex J. Seidenberg
Represented By: Douglas J Klein
Represented By: Noel P Tripp
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Defendant: Seth Berkowitz
Represented By: Alex J. Seidenberg
Represented By: Douglas J Klein
Represented By: Noel P Tripp
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