Handy v. Paychex, Inc.
| Dylan Handy |
| Paychex, Inc. |
| 6:2024cv06206 |
| April 8, 2024 |
| U.S. District Court for the Western District of New York |
| Marian W Payson |
| Elizabeth A Wolford |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1001 E.R.I.S.A.: Employee Retirement |
| Both |
Docket Report
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This docket was last retrieved on March 5, 2025. A more recent docket listing may be available from PACER.
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Filing 13
MEMORANDUM in Support re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND IN OPPOSITION TO PLAINTIFF'S CROSS MOTION TO REMAND filed by Paychex, Inc. (Jones, Stephen)
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Filing 12
TEXT ORDER granting #11 unopposed Motion for Extension of Time. Defendant shall file its reply in further support of its motion to dismiss on or before May 29, 2024. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 05/15/2024. (CAL)
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Filing 11
MOTION for Extension of Time to File Response/Reply as to #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Paychex, Inc. (Jones, Stephen)
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Filing 10
RESPONSE in Opposition re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Cross-Motion to Remand filed by Dylan Handy. (Corbett, Jonathan)
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Filing 9
NOTICE of Appearance by Jonathan W Corbett on behalf of Dylan Handy. (Corbett, Jonathan)
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Filing 8
TEXT ORDER. At Plaintiff's request, and with the consent of Defendant, the 5 scheduling order on #4 motion to dismiss is amended as follows: responses are due on or before May 13, 2024; replies are due on or before May 20, 2024. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 04/19/2024. (CAL) (Copy of this text order has been sent to attorney Jonathan Corbett, Esq. by email).
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Remark : Clerk Mailed Copy of Text Order to Charlotte Kaysen. (DAF)
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Filing 7
TEXT ORDER REFERRING CASE to Magistrate Judge Marian W. Payson for all pre-trial matters excluding dispositive motions. IT IS SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 4/18/24. (JHF)This was mailed to: Charlotte Kaysen, Esq., Corbett Rights, P.C., 5 Union Square West, Suite 1461, New York, NY 10003.
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Filing 6
CERTIFICATE OF SERVICE by Paychex, Inc. re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Lingle, Michael)
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Filing 5
TEXT ORDER re: #4 Motion to Dismiss. Responses are due on or before May 9, 2024. Replies are due on or before May 16, 2024. Upon review of the papers, the Court will determine if oral argument is necessary and, if so, will inform the parties of the date and time. Otherwise, the matter will be deemed submitted and decided on the papers. 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 by the assigned magistrate judge. In particular, the parties may consent to have just the pending motion to dismiss resolved by the assigned magistrate judge, in which case the motion will likely be resolved sooner than if it is handled by the undersigned. Consent forms may be found on the Court's website at https://www.nywd.uscourts.gov/forms-3. No adverse substantive consequences will result should the parties choose not to consent. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 04/18/2024. (CAL)
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Remark : Clerk Mailed Copy of Text Order to Charlotte Kaysen. (DAF)
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Filing 4
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Paychex, Inc. (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Exhibit A, #4 Exhibit B) (Jones, Stephen)
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Filing 3
NOTICE of Appearance by Michael J. Lingle on behalf of Paychex, Inc. (Lingle, Michael)
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Filing 2
Corporate Disclosure Statement by Paychex, Inc. (Jones, Stephen)
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Case Assigned to Hon. Elizabeth A. Wolford. Notification to Chambers of on-line civil case opening. (TMK)
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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)
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AUTOMATIC REFERRAL TO MEDIATION Pursuant to Section 2.1(A) of the Plan for Alternative Dispute Resolution in the United States District Court for the Western District of New York (the ADR Plan), this case is automatically referred to ADR. To access the ADR Plan and for inquiries regarding the Court's ADR Program please review the Court's #ADR webpage and/or contact the Court's ADR Administrator at #adrprogram@nywd.uscourts.gov.' Prior to the Local Rule 16 scheduling conference, counsel and unrepresented parties shall review the #ADR Plan and confer with each other regarding ADR for this case. Unless the parties agree to a different intervention, it is presumed they will participate in mediation. The parties shall be prepared to report on the outcome of their ADR discussion at the scheduling conference, as the initial Scheduling Order for this case will establish ADR deadlines in accordance with the ADR Plan. (TMK)
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Filing 1
NOTICE OF REMOVAL by Paychex, Inc. from New York State Supreme Court, Monroe County, case number E2024003479. (Filing fee $ 405 receipt number ANYWDC-5149858), filed by Paychex, Inc. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Summons and Complaint, #3 Exhibit B - Document List, #4 Exhibit B-1 - Summons & Complaint, #5 Exhibit B-2 - Summons & Complaint (Fee Previously Paid), #6 Exhibit B-3 - Affirmation/Affidavit of Service)(Jones, Stephen)
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| Plaintiff: Dylan Handy | |
| Represented By: | Jonathan W Corbett |
| Represented By: | Charlotte Kaysen |
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| Defendant: Paychex, Inc. | |
| Represented By: | Stephen J. Jones |
| Represented By: | Michael J. Lingle |
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