Pahagas et al v. Koehler et al
| New York Southern District Court | |
| Judge: | Vincent L Briccetti |
| Case #: | 7:17-cv-04898 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:201 Fair Labor Standards Act |
| Case Filed: | Jun 28, 2017 |
| Terminated: | Nov 09, 2017 |
| Last checked: Monday Dec 25, 2017 4:11 AM EST |
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Defendant
Mareike Koehler
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Represented By
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Defendant
Pit Koehler
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Represented By
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Plaintiff
Edith Mateo Mendoza
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Represented By
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Plaintiff
Sherile Pahagas
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Represented By
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| Docket last updated: 04/17/2024 11:59 PM EDT |
| Friday, November 17, 2017 | ||
| 26 | 26
2
pgs
order
Memo Endorsement
Fri 11/17 12:35 PM
MEMO ENDORSEMENT on re:25 Letter Request for Clarification and Recommendation, filed by Sherile Pahagas, Edith Mateo Mendoza. ENDORSEMENT: This case has been dismissed. The Court expresses no opinion regarding plaintiffs' counsel's assertion that " [w]hen a Court lacks jurisdiction, it is axiomatic that the dismissal is without prejudice." If the law is as plaintiffs' counsel states, this Court's November 9, 2017, Order (Doc. #23) will not prejudice plaintiffs' ability to reassert their claims. Plaintiffs' counsel's request that the Court "recommend" that the statute of limitations be tolled until defendants' are "no longer immune from the Court's jurisdiction" is DENIED. So Ordered. (Signed by Judge Vincent L. Briccetti on 11/17/17) (yv) |
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| Thursday, November 16, 2017 | ||
| 25 | 25
misc
Letter
Thu 11/16 6:02 PM
LETTER addressed to Judge Vincent L. Briccetti from S. Tito Sinha dated November 16, 2017 re: Request for Clarification and Recommendation. Document filed by Edith Mateo Mendoza, Sherile Pahagas.(Sinha, Sumantra) |
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| Monday, November 13, 2017 | ||
| 24 | 24
notice
Certificate of Counsel
Mon 11/13 12:02 PM
CERTIFICATE of Counsel by Jeffrey Harris on behalf of All Defendants. Re:23 Order on Motion to Dismiss/Lack of Jurisdiction,,,,,,. (Harris, Jeffrey) |
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| Thursday, November 09, 2017 | ||
| 23 | 23
2
pgs
order
Order on Motion to Dismiss/Lack of Jurisdiction
Thu 11/09 4:23 PM
MEMO ENDORSEMENT on re:22 Letter response to Defendants' motion to vacate the Clerk's Certificate of Default, quash service of process, and dismiss this action, filed by Sherile Pahagas, Edith Mateo Mendoza granting19 Motion to Dismiss for Lack of Jurisdiction. ENDORSEMENT: Notably, nothing in defendants' motion to dismiss based on diplomatic immunity challenges the factual allegations of the complaint. Moreover, although the German Mission to the United Nations states that it notified the United States Permanent Mission to the United Nations of this lawsuit (Doc. #10), the United States has not filed a statement of interest in this matter. If the allegations of the complaint are true, defendants' conduct was abhorrent and intolerable. Nevertheless, the Court respects plaintiffs' decision, as communicated to the Court by their competent counsel, not to oppose the motion to dismiss for the reasons stated in the attached letter. Accordingly, defendants' motion to vacate the Clerk's certificate of default, quash service of process, and dismiss this action is GRANTED. By November 16, 2017, defendants' counsel is directed to provide a copy of this Order to defendants as well as to the German Mission, and to certify by letter or otherwise, filed on the ECF docket, that counsel has done so. The hearing scheduled for November 15, 2017, is CANCELLED. The Clerk is instructed to terminate the motion (Doc. #19) and close this case. So Ordered. (Signed by Judge Vincent L. Briccetti on 11/9/2017) (yv) |
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| 22 | 22
misc
Letter
Thu 11/09 10:42 AM
LETTER addressed to Judge Vincent L. Briccetti from Reena Arora dated 11/9/2017 re: Defendants' Motion to Dismiss. Document filed by Edith Mateo Mendoza, Sherile Pahagas.(Arora, Reena) |
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| Friday, November 03, 2017 | ||
| 21 | 21
service
Affidavit of Service Other
Fri 11/03 1:44 PM
AFFIDAVIT OF SERVICE of Order to Show Cause and supporting papers served on Pit Koehler, Mareike Koehler, & German Mission to the U.N. on 10/12/2017. Service was made by MAIL. Document filed by Edith Mateo Mendoza, Sherile Pahagas. (Arora, Reena) |
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| Friday, October 27, 2017 | ||
| 20 | 20
5
pgs
respm
Memorandum of Law in Support of Motion
Fri 10/27 2:33 PM
MEMORANDUM OF LAW in Support re:19 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Mareike Koehler, Pit Koehler. (Harris, Jeffrey) |
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| 19 | 19
motion
Dismiss/Lack of Jurisdiction
Fri 10/27 2:31 PM
MOTION to Dismiss for Lack of Jurisdiction . Document filed by Mareike Koehler, Pit Koehler. Return Date set for 11/15/2017 at 09:00 AM.(Harris, Jeffrey) |
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| Thursday, October 12, 2017 | ||
| 18 | 18
misc
Statement of Damages
Thu 10/12 5:50 PM
STATEMENT OF DAMAGES. Document filed by Edith Mateo Mendoza, Sherile Pahagas.(Arora, Reena) |
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| 17 | 17
respoth
Declaration in Support (non-motion)
Thu 10/12 5:49 PM
DECLARATION of Reena Arora in Support re:14 Order to Show Cause,,,,,,. Document filed by Edith Mateo Mendoza, Sherile Pahagas.(Arora, Reena) |
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Att: 1
Exhibit 1- Summons & Complaint,
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Att: 2
Exhibit 2- Affidavits of Service,
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Att: 3
Exhibit 3- Clerk's Certificate of Default,
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Att: 4
Exhibit 4- Clients' Declarations ISO Default Judgment,
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Att: 5
Exhibit 5- Attorney's Fees,
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Att: 6
Exhibit 6- Costs,
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Att: 7
Exhibit 7- Draft Default Judgment
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| Wednesday, October 11, 2017 | ||
| 16 | 16
order
Order on Motion to Adjourn Conference
Wed 10/11 2:23 PM
ORDER granting15 Letter Motion to Adjourn Conference: The Show Cause hearing scheduled for 11/9/2017 is adjourned to 11/15/2017, at 9:00 a.m. Plaintiff's counsel shall serve a copy of this Text Order on defendants and upon the German Mission to the United Nations in the same manner and by the same date in which counsel was ordered to serve the Order to Show Cause dated 10/11/2017 (Doc. #14). (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent) |
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| 15 | 15
motion
Adjourn Conference
Wed 10/11 12:49 PM
LETTER MOTION to Adjourn Conference re Order to Show Cause for Default Judgment addressed to Judge Vincent L. Briccetti from Reena Arora dated 10/11/2017. Document filed by Edith Mateo Mendoza, Sherile Pahagas.(Arora, Reena) |
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| 14 | 14
2
pgs
order
Order to Show Cause
Wed 10/11 12:11 PM
ORDER TO SHOW CAUSE. IT IS ORDERED that defendants PIT KOEHLER a/k/a PIT KOHLER and MAREIKE KOEHLER a/k/a MAREIKE KOHLER, show cause before this Court on 11/9/2017, at 2:00 pm, or as soon thereafter as counsel may he heard, at the United States Courthouse located at 300 Quarropas St., White Plains, NY 10601-4150, Courtroom No. 620, why an Order declaring a default judgment against the defendants in the form annexed hereto, IT IS FURTHER ORDERED that service of a copy of this Order and of the papers on which it is granted on defendants PIT KOEHLER a/k/a PIT KOHLER and MAREIKE KOEHLER a/k/a MAREIKE KOHLER, on or before 10/18/2017 by certified mail to their residence at 16 Stonewall Circle, West Harrison, NY 10604 shall be sufficient service of this Order. IT IS FURTHER ORDERED that papers in opposition to Order to Show Cause must be filed with the Court and served on the attorney for the moving party by overnight delivery on or before 11/3/2017, IT IS FURTHER ORDERED that at the show cause hearing on 11/9/2017, the parties should be prepared to discuss the diplomatic immunity issue raised in a letter to the Court from the German Mission to the U.N., dated 8/28/2017 (Doc. #10), IT IS FURTHER ORDERED that plaintiff shall serve by certified mail a copy of this Order and the papers on which it is granted upon the German Mission to the U.N., Attention: Armen Juergens, 871 United Nations Plaza, New York, NY 10017, by 10/18/2017. So Ordered. (Show Cause Hearing set for 11/9/2017 at 02:00 PM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti. Show Cause Response due by 11/3/2017.) (Signed by Judge Vincent L. Briccetti on 10/11/17) (yv) |
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| Wednesday, September 27, 2017 | ||
| 13 | 13
misc
Certificate of Clerk
Wed 09/27 4:12 PM
Clerk's Certificate of Default Issued (kty) |
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| Friday, September 22, 2017 | ||
| 12 | 12
misc
Request to Enter Default
Fri 09/22 3:54 PM
REQUEST TO ENTER DEFAULT against PIT KOEHLER and MAREIKE KOEHLER . Document filed by Edith Mateo Mendoza, Sherile Pahagas.(Arora, Reena) |
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| Thursday, September 14, 2017 | ||
| 11 | 11
1
pgs
order
Order to Show Cause ~Util - Set Deadlines
Thu 09/14 5:41 PM
ORDER: Pursuant to Fed. R. Civ. P. 41(b), this action will be dismissed without prejudice for failure to prosecute unless, on or before September 28, 2017, plaintiffs either move by order to show cause for a default judgment or otherwise show cause by letter why the case should not be deemed abandoned and dismissed for lack of prosecution. ( Motions due by 9/28/2017.) (Signed by Judge Vincent L. Briccetti on 9/14/2017) (kgo) |
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| 10 | 10
14
pgs
order
Endorsed Letter
Thu 09/14 2:02 PM
ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Armin Juergens dated 8/28/17 re: diplomatic immunity. ENDORSEMENT: Clerk shall docket this submission. So Ordered. (Signed by Judge Vincent L. Briccetti on 9/14/17) (yv) |
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| Thursday, August 03, 2017 | ||
| 9 | 9
notice
Notice of Appearance
Thu 08/03 3:34 PM
NOTICE OF APPEARANCE by Sumantra Tito Sinha on behalf of Edith Mateo Mendoza, Sherile Pahagas. (Sinha, Sumantra) |
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| Tuesday, July 18, 2017 | ||
| 8 | 8
service
Affidavit of Service Complaints
Tue 07/18 3:53 PM
AFFIDAVIT OF SERVICE of Summons and Complaint. Mareike Koehler served on 7/13/2017, answer due 8/3/2017. Service was made by MAIL. Document filed by Sherile Pahagas; Edith Mateo Mendoza. (Arora, Reena) |
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| 7 | 7
service
Affidavit of Service Complaints
Tue 07/18 3:38 PM
AFFIDAVIT OF SERVICE of Summons and Complaint. Pit Koehler served on 7/13/2017, answer due 8/3/2017. Service was made by MAIL. Document filed by Sherile Pahagas; Edith Mateo Mendoza. (Arora, Reena) |
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| Wednesday, June 28, 2017 | ||
| 6 | 6
service
Summons Issued
Thu 06/29 10:13 AM
ELECTRONIC SUMMONS ISSUED as to Mareike Koehler. (vf) |
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| 5 | 5
service
Summons Issued
Thu 06/29 10:03 AM
ELECTRONIC SUMMONS ISSUED as to Pit Koehler. (vf) |
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| 4 | 4
service
Request for Issuance of Summons
Wed 06/28 6:59 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Mareike Koehler a/k/a Mareike Kohler, re:1 Complaint. Document filed by Edith Mateo Mendoza, Sherile Pahagas. (Arora, Reena) |
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| 3 | 3
service
Request for Issuance of Summons
Wed 06/28 6:57 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Pit Koehler a/k/a Pit Kohler, re:1 Complaint. Document filed by Edith Mateo Mendoza, Sherile Pahagas. (Arora, Reena) |
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| 2 | 2
misc
Civil Cover Sheet
Wed 06/28 6:48 PM
CIVIL COVER SHEET filed. (Arora, Reena) |
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| 1 | 1
15
pgs
cmp
Complaint
Wed 06/28 6:41 PM
COMPLAINT against Mareike Koehler, Pit Koehler. (Filing Fee $ 400.00, Receipt Number 0208-13841015)Document filed by Sherile Pahagas, Edith Mateo Mendoza.(Arora, Reena) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Thu 06/29 9:48 AM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Reena Arora. The following case opening statistical information was erroneously selected/entered: Cause of Action code Blank. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:201. (vf) |
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notice
Case Opening Initial Assignment Notice
Thu 06/29 9:57 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:http://nysd.uscourts.gov/judges/District] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:http://nysd.uscourts.gov/ecf_filing.php] . (vf) |
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utility
Case Designation
Thu 06/29 9:59 AM
Magistrate Judge Judith C. McCarthy is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:http://nysd.uscourts.gov/forms.php] . (vf) |
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utility
Case Designated ECF
Thu 06/29 10:00 AM
Case Designated ECF. (vf) |
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