Herrera v. Boston Market Corporation

New York Eastern District Court
Judge:	Frederic Block
Referred:	Peggy Kuo
Case #:	1:20-cv-04284
Nature of Suit	442 Civil Rights - Employment
Cause	42:2000e Job Discrimination (Employment)

Case Filed:	Sep 14, 2020
Terminated:	Mar 27, 2025

Last checked: Saturday Mar 13, 2021 4:44 AM EST

Defendant Boston Market Corporation	Represented By Mallory Campbell Bond, Schoeneck, And King contact info Gregory Bertram Reilly Bond Schoeneck & King contact info
Plaintiff Jayleen Herrera	Represented By Janelle Jade Romero Phillips & Associates PLLC contact info Katerina Housos Phillips & Associates contact info Brittany Alexandra Stevens Phillips & Associates, PLLC contact info

GPO Mar 07 2025
REPORT AND RECOMMENDATION: For the reasons set forth in the attached, I respectfully recommend that the Court grant Plaintiff's 38 Motion for Default Judgment in part and that Plaintiff be awarded back pay in the amount of $6,036.01, together with pre-judgment interest; $63,000.00 in emotional distress damages; $91,353.50 in attorneys' fees; $5,153.95 in costs; and post-judgment interest. Any objection to this Report and Recommendation must be filed in writing with the Clerk of Court within fourteen (14) days of service. 28 U.S.C. � 636(b)(1); Fed. R. Civ. P. 72(b). Failure to timely file any objection waives the right to further judicial review of this Report and Recommendation. Caidor v. Onondaga Cty., 517 F.3d 601, 604 (2d Cir. 2008). Plaintiff is respectfully requested to serve a copy of the Report and Recommendation on Defendants forthwith and file proof of service no later than March 11, 2025. Ordered by Magistrate Judge Peggy Kuo on 3/7/2025. (ZM)

GPO Mar 27 2025
MEMORANDUM and ORDER ADOPTING REPORT AND RECOMMENDATION: No error, plain or otherwise, appears on the face of the Report and Recommendation. Accordingly, the Court adopts the Report and Recommendation 42 without de novo review. Plaintiff's motion 38 for a default judgment is GRANTED. The Court enters judgment against defendant and awards plaintiff the following damages: (1) $6,036.01 in back pay, plus pre-judgment interest; (2) $63,000 in emotional distress damages; (3) $91,353.50 in attorneys fees; and (4) $5,153.95 in costs. Ordered by Judge Frederic Block on 3/27/2025. (MI)

Docket last updated: 2 hours ago

Monday, April 21, 2025
46		46 misc Mail Returned Mon 04/21 1:48 PM Mail Returned as Undeliverable. Memorandum and Order44 dated 3/27/25 and Default Judgment45 dated 3/27/25 sent to Frances Allen, CEO, Boston Market Corporation at 14103 Denver West Pkwy, Golden, Colorado 80401. Envelope marked "Return to Sender". (ENE) Related: [-]
Thursday, March 27, 2025
45		45 order Judgment - Default Thu 03/27 5:58 PM DEFAULT JUDGMENT in favor of Jayleen Herrera against Boston Market Corporation and awards plaintiff the following damages: (1) $6,036.01 in back pay, plus pre-judgment interest; (2) $63,000 in emotional distress damages; (3) $91,353.50 in attorneys fees; and (4) $5,153.95 in costs. Ordered by Judge Frederic Block on 3/27/2025. (MI) Related: [-]
44		44 3 pgs order Order Adopting Report and Recommendations Order on Motion for Default Judgment Order on Report and Recommendations Thu 03/27 5:54 PM MEMORANDUM and ORDER ADOPTING REPORT AND RECOMMENDATION: No error, plain or otherwise, appears on the face of the Report and Recommendation. Accordingly, the Court adopts the Report and Recommendation42 without de novo review. Plaintiff's motion38 for a default judgment is GRANTED. The Court enters judgment against defendant and awards plaintiff the following damages: (1) $6,036.01 in back pay, plus pre-judgment interest; (2) $63,000 in emotional distress damages; (3) $91,353.50 in attorneys fees; and (4) $5,153.95 in costs. Ordered by Judge Frederic Block on 3/27/2025. (MI) Related: [-]
Monday, March 10, 2025
43		43 service Affidavit of Service Mon 03/10 1:06 PM AFFIDAVIT of Service for Report and Recommendation served on Boston Market Corporation on 3/10/2025, filed by Jayleen Herrera. (Mickelsen, Morgan) Related: [-]
Friday, March 07, 2025
42		42 motion Report and Recommendations ~Util - Set Deadlines Fri 03/07 4:58 PM REPORT AND RECOMMENDATION: For the reasons set forth in the attached, I respectfully recommend that the Court grant Plaintiff's38 Motion for Default Judgment in part and that Plaintiff be awarded back pay in the amount of $6,036.01, together with pre-judgment interest; $63,000.00 in emotional distress damages; $91,353.50 in attorneys' fees; $5,153.95 in costs; and post-judgment interest. Any objection to this Report and Recommendation must be filed in writing with the Clerk of Court within fourteen (14) days of service. 28 U.S.C. � 636(b)(1); Fed. R. Civ. P. 72(b). Failure to timely file any objection waives the right to further judicial review of this Report and Recommendation. Caidor v. Onondaga Cty. , 517 F.3d 601, 604 (2d Cir. 2008). Plaintiff is respectfully requested to serve a copy of the Report and Recommendation on Defendants forthwith and file proof of service no later than March 11, 2025 . Ordered by Magistrate Judge Peggy Kuo on 3/7/2025. (ZM) Related: [-]
Monday, January 27, 2025
41		41 respm Affidavit/Declaration in Support of Motion Mon 01/27 12:51 PM AFFIDAVIT/DECLARATION in Support re38 Second MOTION for Default Judgment filed by Jayleen Herrera. (Mickelsen, Morgan) Related: [-]
Thursday, January 16, 2025
		order ~Util - Set Deadlines Thu 01/16 5:42 PM ORDER: In her39 Memorandum in support of her38 Motion for Default Judgment, Plaintiff states that in October 2019, her work shifts "were decreased from five days per week to only two or three days per week" (Pl. Mem. at 6) and that she was "left out of the work schedule" on November 30, 2019 and that her work hours "were again reduced" in December 2019. ( Id. at 7.) However, Plaintiff does not specify the number of hours she was scheduled to work after the reduction in her work schedule. Plaintiff is directed to submit, no later than January 27, 2025 , an affidavit detailing the hours she worked for Defendant from October 2019 until the end of her employment in March 2020. She should specify the difference in hours she worked before the reduction in her work schedule and after the reduction. She should also calculate the difference in pay between what she actually earned after her hours were reduced and what she would have earned absent the reduction in hours. Ordered by Magistrate Judge Peggy Kuo on 1/16/2025. (ZM) Related: [-]
Monday, September 09, 2024
40		40 service Affidavit of Service Mon 09/09 11:37 AM AFFIDAVIT of Service for Motion for Default Judgment served on Boston Market Corporation on 9/6/2024, filed by Jayleen Herrera. (Stevens, Brittany) Related: [-]
Friday, September 06, 2024
39		39 30+ pgs respoth Memorandum in Support Fri 09/06 5:40 PM MEMORANDUM in Support re38 Second MOTION for Default Judgment filed by Jayleen Herrera. (Stevens, Brittany) Related: [-]
		Att: 1 Exhibit A,
		Att: 2 Exhibit B,
		Att: 3 Exhibit C,
		Att: 4 Exhibit D,
		Att: 5 Exhibit E,
		Att: 6 Exhibit F,
		Att: 7 Exhibit G,
		Att: 8 Exhibit H,
		Att: 9 Exhibit I,
		Att: 10 Exhibit J,
		Att: 11 Exhibit K,
		Att: 12 Exhibit L,
		Att: 13 Exhibit M,
		Att: 14 Exhibit N,
		Att: 15 Exhibit O
38		38 motion Default Judgment Fri 09/06 5:35 PM Second MOTION for Default Judgment by Jayleen Herrera. (Stevens, Brittany) Related: [-]
37		37 motion Withdraw Fri 09/06 10:47 AM MOTION to Withdraw32 MOTION for Default Judgment ,33 Memorandum in Support, by Jayleen Herrera. (Mickelsen, Morgan) Related: [-]
		order Order on Motion for Default Judgment Order on Motion to Withdraw Fri 09/06 4:49 PM ORDER: The37 Motion Withdraw is granted. The32 Motion for Default Judgment is withdrawn. Ordered by Magistrate Judge Peggy Kuo on 9/6/2024. (RO) Related: [-]
		order Order Referring Motion Fri 09/06 5:50 PM ELECTRONIC ORDER REFERRING: Plaintiff's second motion38 for a default judgment against defendant Boston Market Corp., to MJ Kuo to hold an inquest or hearing to determine both liability and damages and then issue a report and recommendation. Ordered by Judge Frederic Block on 9/6/2024. Motions referred to Peggy Kuo. (MI) Related: [-]
Thursday, September 05, 2024
		order ~Util - Set Deadlines Thu 09/05 5:46 PM ORDER: Plaintiff does not appear to have provided proof of mailing the32 Motion for Default Judgment and supporting papers to Defendants, as required by Local Rule 55.2. If Plaintiff did already mail the motion papers to Defendants, she is ordered to file proof of mailing the motion papers by no later than September 9, 2024 . If Plaintiff did not mail the motion papers to Defendants, she is requested to withdraw the motion by September 9, 2024 with leave to refile the motion accompanied by proof of mailing. Ordered by Magistrate Judge Peggy Kuo on 9/5/2024. (ZM) Related: [-]
Thursday, December 28, 2023
		order Order on Motion to Withdraw as Attorney Thu 12/28 9:34 AM ELECTRONIC ORDER: Granting Janelle Romero's motion35 to withdraw as counsel for the plaintiff. Attorney Janelle Jade Romero terminated. Ordered by Judge Frederic Block on 12/28/2023. (MI) Related: [-]
		order Order on Motion to Withdraw as Attorney Thu 12/28 9:35 AM ELECTRONIC ORDER: Granting Daniela Mendes motion36 to withdraw as counsel for the plaintiff. Attorney Daniela Mendes terminated. Ordered by Judge Frederic Block on 12/28/2023. (MI) Related: [-]
Wednesday, December 27, 2023
36		36 motion Withdraw as Attorney Wed 12/27 5:45 PM MOTION to Withdraw as Attorney Daniela Mendes by Jayleen Herrera. (Stevens, Brittany) Related: [-]
35		35 motion Withdraw as Attorney Wed 12/27 5:45 PM MOTION to Withdraw as Attorney Janelle Romero by Jayleen Herrera. (Stevens, Brittany) Related: [-]
34		34 notice Notice of Appearance Wed 12/27 1:34 PM NOTICE of Appearance by Morgan L Mickelsen on behalf of Jayleen Herrera (notification declined or already on case) (Mickelsen, Morgan) Related: [-]
Tuesday, December 26, 2023
		order Order Referring Motion Tue 12/26 9:59 AM ELECTRONIC ORDER REFERRING: Plaintiff's motion32 for a default judgment as to defendant Boston Market Corp. to MJ KUO to determine both liability and damages and then issue a report and recommendation. Ordered by Judge Frederic Block on 12/26/2023. Motions referred to Peggy Kuo. (MI) Related: [-]
Friday, December 22, 2023
33		33 30+ pgs respoth Memorandum in Support Fri 12/22 11:11 AM MEMORANDUM in Support re32 MOTION for Default Judgment filed by Jayleen Herrera. (Stevens, Brittany) Related: [-]
		Att: 1 Exhibit A,
		Att: 2 Exhibit B,
		Att: 3 Exhibit C,
		Att: 4 Exhibit D,
		Att: 5 Exhibit E,
		Att: 6 Exhibit F,
		Att: 7 Exhibit G,
		Att: 8 Exhibit H,
		Att: 9 Exhibit I,
		Att: 10 Exhibit J,
		Att: 11 Exhibit K,
		Att: 12 Exhibit L,
		Att: 13 Exhibit M,
		Att: 14 Exhibit N,
		Att: 15 Exhibit O,
		Att: 16 Exhibit P,
		Att: 17 Exhibit Q
32		32 motion Default Judgment Fri 12/22 10:43 AM MOTION for Default Judgment by Jayleen Herrera. (Stevens, Brittany) Related: [-]
Friday, December 01, 2023
31		31 order Clerks Entry of Default Fri 12/01 3:14 PM Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Boston Market Corporation has failed to appear or otherwise defend this action, the default of defendant Boston Market Corporation is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (JP) Modified on 12/1/2023 (MI) Related: [-]
Wednesday, November 22, 2023
30		30 motion Extension of Time to File Document Wed 11/22 2:18 PM Letter MOTION for Extension of Time to File Default Judgment Motion by Jayleen Herrera. (Mendes, Daniela) Related: [-]
		order Order on Motion for Extension of Time to File Wed 11/22 2:34 PM ELECTRONIC ORDER: Plaintiff's letter application30 is GRANTED. By December 22, 2023 plaintiff shall serve and file their motion for a default judgment. Ordered by Judge Frederic Block on 11/22/2023. (MI) Related: [-]
Tuesday, November 21, 2023
29		29 misc Request for Certificate of Default Tue 11/21 2:31 PM Request for Certificate of Default by Jayleen Herrera (Mendes, Daniela) Related: [-]
		Att: 1 Affidavit in Support,
		Att: 2 Exhibit A
Tuesday, October 24, 2023
		order Order on Motion to Adjourn Conference Tue 10/24 9:33 AM ELECTRONIC ORDER: As of this date no notice of appearance has been entered for defendant Boston Market Corp. Plaintiff's letter application28 is GRANTED. The in person pretrial conference scheduled for October 26, 2023 @ 4:00 pm is cancelled. By November 27, 2023 plaintiff shall serve and file their motion for a default judgment. Ordered by Judge Frederic Block on 10/24/2023. (MI) Related: [-]
Friday, October 20, 2023
28		28 motion Adjourn Conference Fri 10/20 2:59 PM MOTION to Adjourn Conference by Jayleen Herrera. (Mendes, Daniela) Related: [-]
Tuesday, September 19, 2023
		order Scheduling Order Tue 09/19 9:53 AM SCHEDULING ORDER: The in person pre-trial conference scheduled for September 28, 2023 is being adjourned by the Court to October 26, 2023 @ 4:00pm to allow the defendant to obtain new counsel. Upon receipt of this email counsel shall confirm with each other the new date and time of this in person pre-trial conference. Ordered by Judge Frederic Block on 9/19/2023. (MI) Related: [-]
		utility Set/Reset Hearings Tue 09/19 9:54 AM Set/Reset Hearings: In Person Pretrial Conference set for 10/26/2023 04:00 PM before Judge Frederic Block. (MI) Related: [-]
Monday, September 18, 2023
		order Order on Motion to Withdraw as Attorney ~Util - Set Deadlines Mon 09/18 6:28 PM ORDER granting26 Motion to Withdraw as Attorney. Attorneys Mallory Campbell and Gregory Bertram Reilly terminated. The Court grants Defendant's request for time to retain new counsel. Any new counsel for Defendant must file a notice of appearance by October 18, 2023 . Defendant is reminded that as a corporate entity, it may only appear through licensed counsel. See Rowland v. California Men's Colony , 506 U.S. 194, 201-02 (1993). If Defendant does not appear through counsel, it will be found in default and all allegations in the complaint will be accepted as true. Ordered by Magistrate Judge Peggy Kuo on 9/18/2023. (NS) Related: [-]
Thursday, September 14, 2023
27		27 misc Letter Thu 09/14 1:04 PM Letter as requested by the Court regarding pending motion to be relieved as BMC's counsel by Boston Market Corporation Related [+] Related: [-] illy, Gregory
Tuesday, September 12, 2023
		minutes Motion Hearing Order on Motion to Withdraw as Attorney ~Util - Set Deadlines 1 - Terminate Deadlines and Hearings Tue 09/12 4:21 PM MINUTE ENTRY AND ORDER: A Motion Hearing was held before Magistrate Judge Peggy Kuo on September 12, 2023. Daniela Mendes, Esq. , appeared on behalf of Plaintiff. Gregory Bertram Reilly, Esq. , appeared on behalf of Defendant. Defendant's CEO, Jay Pandya, was present by telephone. The parties were heard on the 26 Motion to Withdraw as Attorney. Attorney Reilly indicated that Defendant had not paid for his firm's legal services in over one year, and that for at least the past month he had been unable to get in contact with any representative of Defendant. Upon the Court's request, Attorney Reilly provided the Court with Mr. Pandya's telephone number. The Court called Mr. Pandya, who answered the telephone. The Court defers ruling on the 26 Motion to Withdraw as Attorney. Mr. Pandya expressed his desire to keep Mr. Reilly as Defendant's lawyer and stated that Boston Market Corporation does not currently have in-house counsel. Mr. Pandya agreed to speak with Mr. Reilly by telephone on September 13, 2023 at 6:00 p.m. Mr. Reilly agreed to email Mr. Pandya information in preparation for the telephone call by the end of the day today, September 12, 2023 . Mr. Reilly is respectfully requested to file a letter informing the Court of the result of the telephone discussion, including whether he can continue as counsel or whether he renews his request to be relieved as counsel. Defendant is reminded that if the motion to withdraw as counsel is granted, it must retain new counsel. If it does not appear through counsel, Defendant will be found in default and all allegations in the complaint will be accepted as true. (FTR Log #2:07-2:17; 2:23-2:37.) (NS) Related: [-]
Monday, August 21, 2023
		order Scheduling Order Mon 08/21 2:37 PM SCHEDULING ORDER: A Conference on the26 Motion to Withdraw is scheduled for September 12, 2023 at 2:00 p.m. in Courtroom 11C South before Magistrate Judge Peggy Kuo. A representative of the Defendant must be present. Ordered by Magistrate Judge Peggy Kuo on 8/21/2023. (RO) Related: [-]
Thursday, August 17, 2023
26		26 motion Withdraw as Attorney Thu 08/17 3:31 PM MOTION to Withdraw as Attorney by Boston Market Corporation. Related [+] Related: [-] illy, Gregory
		Att: 1 Declaration Declaration in Support of Motion on Consent to Withdraw as Counsel,
		Att: 2 Transmittal Letter from Gregory B. Reilly advising Court Plaintiff counsel's consents to relief requested
25		25 notice Notice of Appearance Thu 08/17 9:42 AM NOTICE of Appearance by Daniela Mendes on behalf of Jayleen Herrera (aty to be noticed) (Mendes, Daniela) Related: [-]
Wednesday, July 05, 2023
		order Scheduling Order Wed 07/05 4:11 PM SCHEDULING ORDER: An in person pretrial conference is scheduled for September 28, 2023 @ 3:00 pm to set a trial date. Trial counsel shall appear at this conference, so a firm trial date can be scheduled. Upon receipt of this email counsel shall confirm with each other the date and time of this in person pre-trial conference. Ordered by Judge Frederic Block on 7/5/2023. (MI) Related: [-]
		utility Set/Reset Hearings Wed 07/05 4:12 PM Set/Reset Hearings: In Person Pretrial Conference set for 9/28/2023 03:00 PM before Judge Frederic Block. (MI) Related: [-]
Monday, October 03, 2022
24		24 motion Withdraw as Attorney Mon 10/03 3:55 PM MOTION to Withdraw as Attorney Morgan Mickelsen as Counsel by Jayleen Herrera. (Stevens, Brittany) Related: [-]
		order Order on Motion to Withdraw as Attorney Mon 10/03 4:00 PM ELECTRONIC ORDER: Granting Morgan L. Mickelsen's motion24 to withdraw as counsel for the plaintiff. Attorney Morgan L Mickelsen terminated. Ordered by Judge Frederic Block on 10/3/2022. (MI) Related: [-]
Tuesday, December 21, 2021
23		23 misc Letter Tue 12/21 1:12 PM Letter by Boston Market Corporation (Campbell, Mallory) Related: [-]
		order Order Certifying Discovery Tue 12/21 1:41 PM ORDER: The letter having been filed at23 , the Court notes that discovery is now complete and that there are no remaining discovery disputes. Ordered by Magistrate Judge Peggy Kuo on 12/21/2021. (O'Neil-Berven, Ryan) Related: [-]
		notice Notice(Other) Tue 12/21 1:46 PM NOTICE: This case has been placed on the Courts trial ready calendar. When the National Health Crisis involving COVID-19 is lifted. The Court will then schedule a pre-trial conference to schedule a jury trial date. (Innelli, Michael) Related: [-]
Monday, October 25, 2021
		minutes Motion Hearing Mon 10/25 8:13 PM MINUTE ENTRY: Motion Hearing held by telephone on October 25, 2021 before Magistrate Judge Peggy Kuo. Attorneys Morgan L. Mickelsen and Brittany Alexandra Stevens appeared on behalf of Plaintiff. Attorney Gregory Reilly appeared on behalf of Defendant. The Court heard the parties on Defendant's 22 Motion for Discovery Scheduling and Resolution of Dispute. Defendant stated that it is seeking documents related to domestic violence in 2020 about which Plaintiff testified, in order to explore additional sources of Plaintiff's alleged emotional distress. Plaintiff stated that her emotional distress is ongoing and that her testimony on the incidents of domestic violence is sufficient. The Court granted Defendant's request to compel Plaintiff to produce documents related to the domestic violence that took place in July 2020. Plaintiff is directed to produce, no later than November 15, 2021 , all additional records and information, including any orders of protection, documents used to support such orders of protection, and any hospital or medical records. (FTR: 3:05-3:35) (Tran, Tammy) Related: [-]
		minutes Status Conference Order on Motion for Discovery 1 - Terminate Deadlines and Hearings Tue 10/26 8:49 AM MINUTE ENTRY: Motion Hearing held by telephone on October 25, 2021 before Magistrate Judge Peggy Kuo. Attorneys Morgan L. Mickelsen and Brittany Alexandra Stevens appeared on behalf of Plaintiff. Attorney Gregory Reilly appeared on behalf of Defendant. The Court heard the parties on Defendant's 22 Motion for Discovery Scheduling and Resolution of Dispute. Defendant stated that it is seeking documents related to domestic violence in 2020 about which Plaintiff testified, in order to explore additional sources of Plaintiff's alleged emotional distress. Plaintiff stated that her emotional distress is ongoing and that her testimony on the incidents of domestic violence is sufficient. The Court granted Defendant's request to compel Plaintiff to produce documents related to the domestic violence that took place in July 2020. Plaintiff is directed to produce, no later than November 15, 2021 , all additional records and information, including any orders of protection, documents used to support such orders of protection, and any hospital or medical records. (FTR: 3:05-3:35) (Tran, Tammy) Modified on 10/26/2021 to remove gavel at 22 (O'Neil-Berven, Ryan) Related: [-]
Monday, October 18, 2021
		order Scheduling Order Mon 10/18 12:25 PM SCHEDULING ORDER: A Motion Hearing regarding the22 Joint Motion for Discovery is scheduled by telephone for October 25, 2021 at 3:00 p.m. before Magistrate Judge Peggy Kuo. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.) Ordered by Magistrate Judge Peggy Kuo on 10/18/2021. (O'Neil-Berven, Ryan) Related: [-]
Friday, October 15, 2021
22		22 motion Discovery Fri 10/15 6:35 PM Joint MOTION for Discovery Scheduling and Resolution of Dispute by Boston Market Corporation. Related [+] Related: [-] illy, Gregory
Monday, August 02, 2021
		order Order on Motion for Extension of Time to Complete Discovery 1 - Terminate Deadlines and Hearings Mon 08/02 5:23 PM ORDER granting21 Motion for Extension of Time to Complete Discovery. The deadline for the parties to file a joint status report certifying the close of fact discovery is extended to October 15, 2021. The deadline to certify the close of all discovery via ECF is extended to December 21, 2021. The deadline to request a pre-motion conference in anticipation of a dispositive motion is extended to December 21, 2021. The deadline to file a joint Proposed Pretrial Order is extended to January 21, 2022. Ordered by Magistrate Judge Peggy Kuo on 8/2/2021. (O'Neil-Berven, Ryan) Related: [-]
Friday, July 30, 2021
21		21 motion Extension of Time to Complete Discovery Fri 07/30 4:42 PM Second MOTION for Extension of Time to Complete Discovery on behalf of the Parties by Jayleen Herrera. (Stevens, Brittany) Related: [-]
Tuesday, July 13, 2021
20		20 notice Notice of Appearance Tue 07/13 4:31 PM NOTICE of Appearance by Morgan L Mickelsen on behalf of Jayleen Herrera (aty to be noticed) (Mickelsen, Morgan) Related: [-]
Wednesday, May 05, 2021
		order Order on Motion for Extension of Time to Complete Discovery 1 - Terminate Deadlines and Hearings Wed 05/05 10:06 AM ORDER granting19 Motion for Extension of Time to Complete Discovery. The proposed scheduling plan filed at19 is so-ordered. The deadline to certify the close of all discovery via ECF is extended to October 21, 2021. The deadline to request a pre-motion conference in anticipation of a dispositive motion is extended to October 21, 2021. The deadline to file a joint Proposed Pretrial Order is extended to November 22, 2021. The parties are directed to file a joint status report certifying the close of fact discovery by August 16, 2021. Ordered by Magistrate Judge Peggy Kuo on 5/5/2021. (O'Neil-Berven, Ryan) Related: [-]
Tuesday, May 04, 2021
19		19 motion Extension of Time to Complete Discovery Tue 05/04 4:59 PM MOTION for Extension of Time to Complete Discovery by Boston Market Corporation. (Campbell, Mallory) Related: [-]
Monday, April 26, 2021
		minutes Settlement Conference ~Util - Set Deadlines 1 - Terminate Deadlines and Hearings Tue 04/27 1:18 AM Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Settlement Conference held by telephone on April 27, 2021. Attorney Brittany Stevens appeared on behalf of Plaintiff. Plaintiff Jayleen Herrera was also present. Attorney Gregory Reilly appeared on behalf of Defendant. Defendant's representative M'Lou Bahlinger was also present. The parties were not able to reach an agreement to settle the case. The deadline of April 30, 2021 to complete fact discovery is lifted. The parties are directed to file a revised joint scheduling order no later than May 5, 2021 , including a new proposed deadline to complete fact discovery, deadlines for expert discovery only if expert discovery is needed, and a deadline to request a premotion conference before filing a motion for summary judgment. (O'Neil-Berven, Ryan) Related: [-]
Monday, March 15, 2021
		order Order on Motion to Adjourn Conference 1 - Terminate Deadlines and Hearings Mon 03/15 9:53 AM ORDER granting18 Motion to Adjourn Conference. The Telephone Settlement Conference is adjourned to April 26, 2021 at 2:00 p.m. before Magistrate Judge Peggy Kuo. Plaintiff must be present. A representative of the Defendant with complete settlement authority (other than counsel) must be present. Counsel are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference, either with their clients on the line, or share the dial-in information so their clients can call in separately. Once all parties are on the line, the call will be connected. The security code for the conference will be provided to the parties via e-mail. The deadline for the parties to submit revised confidential ex parte settlement statements to Chambers via email to Kuo_Chambers@nyed.uscourts.gov is April 19, 2021. The statements must include the last offer and demand, and a frank assessment of the strengths and weaknesses of each party's case. For guidance on the requirements for the statements, the parties should consult Magistrate Judge Peggy Kuo's Individual Practice Rules. The Court will schedule ex parte telephone calls with counsel after review of the statements. Ordered by Magistrate Judge Peggy Kuo on 3/15/2021. (O'Neil-Berven, Ryan) Related: [-]
Friday, March 12, 2021
18		18 motion Adjourn Conference Fri 03/12 8:32 AM Letter MOTION to Adjourn Conference by Boston Market Corporation. (Campbell, Mallory) Related: [-]
		order Order(Other) Fri 03/12 9:50 AM ORDER: Pursuant to the Order dated December 15, 2020 the parties were directed to submit confidential ex parte settlement statements via email to Chambers by March 10, 2021. Defendant has failed to comply with this Court order and is directed to submit the outstanding statements immediately. Ordered by Magistrate Judge Peggy Kuo on 3/12/2021. (O'Neil-Berven, Ryan) Related: [-]
Friday, February 19, 2021
17		17 motion Withdraw as Attorney Fri 02/19 2:25 PM MOTION to Withdraw as Attorney Katerina Housos by Jayleen Herrera. (Stevens, Brittany) Related: [-]
		order Order on Motion to Withdraw as Attorney Fri 02/19 3:17 PM ORDER granting17 Motion to Withdraw as Attorney. Attorney Katerina Housos terminated. Ordered by Magistrate Judge Peggy Kuo on 2/19/2021. (O'Neil-Berven, Ryan) Related: [-]
Tuesday, December 15, 2020
16		16 order Protective Order Wed 12/16 10:03 AM ORDER: The proposed Confidentiality Order filed at14 is so-ordered. See annexed Order for further details. Ordered by Magistrate Judge Peggy Kuo on 12/16/2020. (O'Neil-Berven, Ryan) Related: [-]
15		15 minutes Initial Conference Hearing ~Util - Set Deadlines/Hearings Wed 12/16 10:00 AM Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Initial Conference held by telephone on December 15, 2020. Attorney Brittany Stevens appeared on behalf of plaintiff. Attorneys Gregory Reilly and Mallory Campbell appeared on behalf of defendant. The attached Scheduling Order was entered setting deadlines for discovery and other pretrial proceedings. A telephone settlement conference will be held on March 18, 2021 at 2:00 pm before Magistrate Judge Peggy Kuo. Plaintiff must be present. A representative of the defendants with complete settlement authority (other than counsel) must be present. Counsel are directed to get their clients on the phone, then call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. Once all parties are on the line, the call will be connected. The security code for the conference will be provided to the parties via e-mail upon receipt of their Settlement Statements. The parties were directed to submit confidential ex parte settlement statements which must include the last offer and demand, to Chambers via email to Kuo_Chambers@nyed.uscourts.gov by March 10, 2021. For guidance on further requirements for the statements, the parties should consult Magistrate Judge Peggy Kuo's Individual Practice Rules. The Court will schedule ex parte telephone calls with counsel after review of the statements. The parties are directed to exchange all documents and information necessary for the settlement conference as soon as possible. (FTR Log: 10:33 - 11:08) (O'Neil-Berven, Ryan) Related: [-]
Monday, December 14, 2020
14		14 misc Stipulation Mon 12/14 10:49 AM STIPULATION of Confidentiality by Boston Market Corporation (Campbell, Mallory) Related: [-]
Tuesday, December 01, 2020
13		13 notice Notice of Appearance Tue 12/01 12:13 PM NOTICE of Appearance by Janelle Jade Romero on behalf of Jayleen Herrera (aty to be noticed) (Romero, Janelle) Related: [-]
12		12 misc Proposed Scheduling Order Tue 12/01 12:01 PM Proposed Scheduling Order Joint by Boston Market Corporation (Campbell, Mallory) Related: [-]
Monday, November 16, 2020
11		11 misc Corporate Disclosure Statement Mon 11/16 2:10 PM Corporate Disclosure Statement by Boston Market Corporation (Campbell, Mallory) Related: [-]
10		10 answer Answer to Complaint Mon 11/16 2:03 PM ANSWER to1 Complaint, by Boston Market Corporation. (Campbell, Mallory) Related: [-]
9		9 notice Notice of Appearance Mon 11/16 9:43 AM NOTICE of Appearance by Gregory Bertram Reilly on behalf of Boston Market Corporation (aty to be noticed) Related [+] Related: [-] illy, Gregory
8		8 notice Notice of Appearance Mon 11/16 9:22 AM NOTICE of Appearance by Mallory Campbell on behalf of Boston Market Corporation (aty to be noticed) (Campbell, Mallory) Related: [-]
Friday, September 25, 2020
7		7 service Waiver of Service Executed Fri 09/25 10:37 AM WAIVER OF SERVICE Returned Executed by Jayleen Herrera. Boston Market Corporation waiver sent on 9/17/2020, answer due 11/16/2020. (Stevens, Brittany) Related: [-]
Wednesday, September 16, 2020
6		6 order Scheduling Order Wed 09/16 9:35 AM SCHEDULING ORDER: A Telephone Initial Conference will be held in this case on December 15, 2020 at 10:30 a.m. before Peggy Kuo, United States Magistrate Judge. All counsel are required to attend . The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.) Counsel are directed to the annexed Initial Conference Order for instructions. By December 10, 2020 , the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: [LINK:https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf] Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Plaintiff's counsel is directed to ensure that defendant is aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 9/16/2020. (O'Neil-Berven, Ryan) Related: [-]
Tuesday, September 15, 2020
5		5 service Summons Issued Tue 09/15 11:07 AM Summons Issued as to Boston Market Corporation. (Davis, Kimberly) Related: [-]
4		4 misc Quality Control Check - Attorney Case Opening Tue 09/15 11:03 AM This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) Related: [-]
3		3 misc Clerks Notice of Rule 73 Tue 09/15 11:02 AM 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. (Davis, Kimberly) Related: [-]
		utility Case Assigned/Reassigned Tue 09/15 10:52 AM Case Assigned to Judge Frederic Block and Magistrate Judge Peggy Kuo. 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. (Davis, Kimberly) Related: [-]
Monday, September 14, 2020
2		2 notice Notice of Appearance Mon 09/14 2:01 PM NOTICE of Appearance by Katerina Housos on behalf of Jayleen Herrera (aty to be noticed) (Housos, Katerina) Related: [-]
1		1 cmp Complaint Mon 09/14 10:00 AM COMPLAINT against Boston Market Corporation filing fee $ 400, receipt number ANYEDC-13355561 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Jayleen Herrera. (Stevens, Brittany) Related: [-]
		Att: 1 Exhibit A - Notice of Right to Sue,
		Att: 2 Exhibit B,
		Att: 3 Civil Cover Sheet,
		Att: 4 Proposed Summons

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