Lewis v. Tri-County Home Nursing Services, Inc. et al

New York Eastern District Court
Judge:Joseph F Bianco
Referred: Arlene R Lindsay
Case #: 2:17-cv-02297
Nature of Suit710 Labor - Fair Labor Standards Act
Cause29:201 Fair Labor Standards Act
Case Filed:Apr 17, 2017
Last checked: Saturday Oct 14, 2017 5:21 AM EDT
Defendant
Linda J. Cunegin
Defendant
Tri-County Home Nursing Services, Inc.
Plaintiff
Rosetta Lewis
Represented By
Patricia C. Kakalec
Kakalec & Schlanger, LLP
contact info


Docket last updated: 05/09/2024 11:59 PM EDT
Friday, April 27, 2018
24 24 1 pgs order Order Dismissing Parties Mon 04/30 1:05 PM
Order Dismissing Partiy Linda J Cunegin volontarily Party Linda J. Cunegin terminated.. Ordered by Judge Joseph F. Bianco on 4/27/2018. (Bollbach, Jean)
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Thursday, April 26, 2018
23 23 notice Notice of Voluntary Dismissal Thu 04/26 11:00 AM
NOTICE of Voluntary Dismissal by Rosetta Lewis (Kakalec, Patricia)
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22 22 service Affidavit of Service Thu 04/26 10:59 AM
AFFIDAVIT of Service for 12/1 Court Order; judgment served on Tri-County Home Nursing Services, Inc. on 4/24/18, filed by Rosetta Lewis. (Kakalec, Patricia)
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Friday, December 01, 2017
21 21 order Judgment - Default Tue 12/05 9:16 AM
DEFAULT JUDGMENT : ORDERED, ADJUDGED AND DECREED: That the Rosetta Lewis shallreceive a judgment against Tri-County Nursing Services, Inc. for liability on Plaintiff's claims for violation of the Fair Labor Standards Act and New York Labor Law. It is FURTHER ORDERED that an inquest as to damages is unnecessary and that Ms. Lewis is awarded $24,944.10 in damages, $793.92 in interest, $12,853 in attorneys' fees, and $475 in costs. The total amount or the judgment, inclusive of damages and attorneys' fees and costs shall be $39,066.02. (Bollbach, Jean)
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20 20 3 pgs order Order on Motion for Default Judgment Tue 12/05 9:10 AM
ORDER granting17 Motion for Default Judgment.. Ordered by Judge Joseph F. Bianco on 12/1/2017. (Bollbach, Jean) (Bollbach, Jean)
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Thursday, November 09, 2017
19 19 misc Affidavit/Affirmation Thu 11/09 3:22 PM
AFFIDAVIT/AFFIRMATION re18 Order, certificate of service of Court order by Rosetta Lewis (Kakalec, Patricia)
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Tuesday, November 07, 2017
18 18 order Order(Other) Wed 11/08 10:01 AM
ORDER: IT IS HEREBY ORDERED that defendant Tri-County respond in writing within twenty one (21) days as to why default judgment should not be entered. A failure to respond will result in the entry of default judgment. IT IS FURTHER ORDERED that plaintiff serve a copy of this Order and the motion for default and accompanying papers on defendant Tri-County. Ordered by Judge Joseph F. Bianco on 11/7/2017. (Bollbach, Jean)
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Friday, November 03, 2017
17 17 motion Default Judgment Fri 11/03 11:49 PM
MOTION for Default Judgment as to defendant Tri-County Home Nursing Services, Inc. by Rosetta Lewis. (Kakalec, Patricia)
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Att: 1 Memorandum in Support,
Att: 2 Declaration of Rosetta Lewis,
Att: 3 Proposed Order proposed default judgment,
Att: 4 Declaration Patricia Kakalec, with exhibits,
Att: 5 Certificate of Service
Monday, October 30, 2017
order Order on Motion for Extension of Time to File Mon 10/30 3:32 PM
ORDER granting16 : Plaintiff may file a motion for a default judgment against the corporate defendant on or before November 3, 2017. Ordered by Magistrate Judge Arlene R. Lindsay on 10/30/2017. (Lanin, Debbie)
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Friday, October 27, 2017
16 16 motion Extension of Time to File Document Fri 10/27 6:36 PM
Letter MOTION for Extension of Time to File (one day extension to file default judgment motion) by Rosetta Lewis. (Kakalec, Patricia)
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Monday, October 16, 2017
15 15 order Order(Other) Tue 10/17 2:41 PM
ORDERED that plaintiff may file a motion for a default judgment against the corporate deft on or before 10/27/17. Ordered by Judge Joseph F. Bianco on 10/16/2017. (Bollbach, Jean)
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Friday, October 13, 2017
14 14 misc Status Report Fri 10/13 3:57 PM
STATUS REPORT by Rosetta Lewis (Kakalec, Patricia)
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Friday, September 29, 2017
order Status Report Order Fri 09/29 12:51 PM
STATUS REPORT ORDER Status Report due by 10/13/2017. IT IS HEREBY ORDERED that plaintiff provide a letter to the Court regarding the status of this case by October 13, 2017. SO ORDERED. Ordered by Judge Joseph F. Bianco on 9/29/2017. (Zbrozek, Alex)
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Tuesday, August 15, 2017
13 13 service Summons Issued Tue 08/15 11:25 AM
Summons Issued as to Linda J. Cunegin. (Bollbach, Jean)
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Monday, August 14, 2017
12 12 misc Proposed Summons/Civil Cover Sheet Mon 08/14 5:40 PM
Proposed Summons. by Rosetta Lewis (Kakalec, Patricia)
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Wednesday, July 26, 2017
11 11 order Clerks Entry of Default Wed 07/26 11:36 AM
Clerk's ENTRY OF DEFAULT: It appearing from the docket maintained in this action that defendant Tri-County Home Nursing Services, Inc. has failed to appear or otherwise defend this action, the default of defendant Tri-County Home Nursing Services, Inc. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Toritto, Jim)
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order Order on Motion for Extension of Time to File Wed 07/26 10:55 AM
ORDER granting10 Motion for Extension of Time to File. The Court has received plaintiff's July 25, 2017 letter requesting a 45-day extension of time to serve defendant Cunegin. IT IS HEREBY ORDERED that, upon good cause shown, plaintiff's request is granted pursuant to Federal Rule of Civil Procedure 4(m). Plaintiff shall serve defendant Cunegin by October 4, 2017. SO ORDERED. Ordered by Judge Joseph F. Bianco on 7/26/2017. (Zbrozek, Alex)
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Tuesday, July 25, 2017
10 10 motion Extension of Time to File Document Tue 07/25 4:09 PM
Letter MOTION for Extension of Time to File (extension of time to serve Defendant Cunegin) by Rosetta Lewis. (Kakalec, Patricia)
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Thursday, July 20, 2017
9 9 misc Status Report Thu 07/20 5:58 PM
STATUS REPORT by Rosetta Lewis (Kakalec, Patricia)
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8 8 misc Request for Certificate of Default Thu 07/20 5:31 PM
Request for Certificate of Default by Rosetta Lewis (Kakalec, Patricia)
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Att: 1 Declaration Declaration in support of request
7 7 service Summons Returned Executed Thu 07/20 5:29 PM
SUMMONS Returned Executed by Rosetta Lewis. Tri-County Home Nursing Services, Inc. served on 5/1/2017, answer due 5/22/2017. (Kakalec, Patricia)
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Att: 1 Exhibit certificate of service
Thursday, July 06, 2017
order Status Report Order Thu 07/06 3:47 PM
STATUS REPORT ORDER Status Report due by 7/20/2017. IT IS HEREBY ORDERED that plaintiff provides a letter to the Court regarding the status of this case by July 20, 2017. SO ORDERED. Ordered by Judge Joseph F. Bianco on 7/6/2017. (Zbrozek, Alex)
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Tuesday, April 18, 2017
6 6 notice Notice of Related Case Assignment/Designation Tue 04/18 12:27 PM
Notice of Related Case indicated on the civil cover sheet in case 17cv2297 JFB)(ARL). (McMahon, Carol)
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5 5 service Summons Issued Tue 04/18 12:22 PM
Summons Issued as to Linda J. Cunegin. (McMahon, Carol)
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4 4 service Summons Issued Tue 04/18 12:21 PM
Summons Issued as to Tri-County Home Nursing Services, Inc.. (McMahon, Carol)
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3 3 misc Clerks Notice of Rule 73 Tue 04/18 12:18 PM
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (McMahon, Carol)
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2 2 misc Quality Control Check - Attorney Case Opening Tue 04/18 12:17 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (McMahon, Carol)
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utility Case Assigned/Reassigned Tue 04/18 12:17 PM
Case Assigned to Judge Joseph F. Bianco and Magistrate Judge Arlene R. Lindsay. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (McMahon, Carol)
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Monday, April 17, 2017
1 1 cmp Complaint Mon 04/17 5:42 PM
COMPLAINT against All Defendants filing fee $ 400, receipt number 0207-9455383 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Rosetta Lewis. (Kakalec, Patricia)
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Att: 1 Civil Cover Sheet,
Att: 2 Proposed Summons,
Att: 3 Proposed Summons