Chavez v. East Hampton Fence & Gate, Inc. et al
| New York Eastern District Court | |
| Judge: | Anne Y Shields |
| Referred: | Anne Y Shields |
| Case #: | 2:21-cv-05775 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:201 Fair Labor Standards Act |
| Case Filed: | Oct 15, 2021 |
| Terminated: | Apr 25, 2023 |
| Last checked: Wednesday Apr 13, 2022 6:48 AM EDT |
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Defendant
East Hampton Fence & Gate, Inc.
8 Hardscrabble Ct
East Hampton, NY 11937 |
Represented By
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Defendant
Michael Marran
8 Harscrabble Ct.
East Hampton, NY 11937 |
Represented By
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Plaintiff
Juan Antonio Chavez
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Represented By
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| Docket last updated: 4 hours ago |
| Tuesday, April 25, 2023 | ||
| 40 | 40
misc
Letter
Tue 04/25 6:11 AM
Letter providing updated Exhibits to proposed Settlement Agreement by Juan Antonio Chavez (McCreanor, Robert) |
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Att: 1
Exhibit B to Settlement Agreement,
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Att: 2
Exhibit C to Settlement Agreement
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order
Order on Motion for Settlement
Tue 04/25 1:18 PM
ORDER granting39 Motion for Settlement. Upon review of the Settlement Agreement [39-1], the Court finds the terms of the settlement are fair and reasonable consistent with the factors in Cheeks v. Freeport Pancake House, Inc. , 796 F.3d 199 (2d Cir. 2015). Therefore, the proposed Settlement Agreement is hereby SO ORDERED. The Clerk of the Court is directed to close the case. So Ordered by Magistrate Judge Anne Y. Shields on 4/25/2023. (DM) |
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order
Order Dismissing Case
Tue 04/25 1:27 PM
ORDER DISMISSING CASE in re:39 Motion for Settlement.Ordered by Magistrate Judge Anne Y. Shields on 4/25/2023. (JT) |
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| Friday, April 21, 2023 | ||
| 39 | 39
motion
Settlement
Fri 04/21 9:52 PM
First MOTION for Settlement of FLSA Claims by Juan Antonio Chavez. (McCreanor, Robert) |
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Att: 1
Exhibit A - Settlement Agreement,
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Att: 2
Exhibit B- - Declaration of Robert McCreanor,
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Att: 3
Exhibit C - Costs Records,
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Att: 4
Exhibit D - Attorney Time Records
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| Monday, April 10, 2023 | ||
| 38 | 38
motion
Extension of Time to File Document
Mon 04/10 11:33 AM
First MOTION for Extension of Time to File Settlement Agreement by East Hampton Fence & Gate, Inc., Michael Marran. (Gomez-Sanchez, Daniel) |
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| 37 | 37
misc
Consent to Jurisdiction by US Magistrate Judge
Mon 04/10 10:58 AM
CONSENT to Jurisdiction by US Magistrate Judge; Case reassigned to Magistrate Judge Anne Y. Shields for all further proceedings. Judge Joanna Seybert no longer assigned to case. 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. So Ordered by Judge Joanna Seybert. (CV) |
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utility
Case No Longer Referred
Mon 04/10 10:48 AM
Case no longer referred to Magistrate Judge Anne Y. Shields. (CV) |
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order
Order on Motion for Extension of Time to File
Mon 04/10 1:13 PM
ORDER granting38 Motion for Extension of Time to File. Upon counsels' request the date to submit the settlement agreement is EXTENDED to April 21, 2023. So Ordered by Magistrate Judge Anne Y. Shields on 4/10/2023. (DM) |
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| Friday, April 07, 2023 | ||
| 36 | 36
misc
Consent to Jurisdiction by US Magistrate Judge
Fri 04/07 9:40 AM
CONSENT to Jurisdiction by US Magistrate Judge by Juan Antonio Chavez. (McCreanor, Robert) |
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| Friday, March 31, 2023 | ||
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order
Order on Motion for Leave to File
Fri 03/31 7:59 AM
ORDER granting35 Motion for Leave to File. Upon counsels' joint representation that the parties have a reached a settlement in principle all discovery deadlines are STAYED. By April 12, 2023, counsel are directed to submit the settlement agreement, in accord with Judge Seybert's individual rules, for her review. So Ordered by Magistrate Judge Anne Y. Shields on 3/31/2023. (DM) |
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| Thursday, March 30, 2023 | ||
| 35 | 35
motion
Leave to File Document
Thu 03/30 1:59 PM
First MOTION for Leave to File Document for approval of FLSA settlement by Juan Antonio Chavez. (McCreanor, Robert) |
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| Monday, February 27, 2023 | ||
| 34 | 34
notice
Notice of Appearance
Mon 02/27 10:39 AM
NOTICE of Appearance by Kerry Hardman on behalf of All Defendants (aty to be noticed) (Hardman, Kerry) |
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| Wednesday, December 07, 2022 | ||
| 33 | 33
answer
Answer to Amended Complaint
Wed 12/07 3:25 PM
ANSWER to22 Amended Complaint by East Hampton Fence & Gate, Inc., Michael Marran. (Gomez-Sanchez, Daniel) |
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| Friday, November 18, 2022 | ||
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order
Order on Motion for Extension of Time to File
Fri 11/18 7:23 AM
ORDER granting32 Motion for Extension of Time to File. Upon consent, Defendants' time to answer or otherwise respond to the Amended Complaint is EXTENDED to December 7, 2022. Additionally, the following Tier II FLSA discovery deadlines are now in effect:The following discovery deadlines are now in effect: Fact discovery shall be completed by May 22, 2023. Any party seeking to make a dispositive motion shall initiate that process, consistent with Judge Seybert's Individual Rules, on or before June 19, 2023. The joint proposed pre-trial order shall be filed by June 26, 2023, or, if a dispositive motion is filed, within 30 days of when a decision on the dispositive motion is rendered. Counsel for the parties are directed to submit a joint status letter on May 10, 2023. So Ordered by Magistrate Judge Anne Y. Shields on 11/18/2022. (DM) |
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| Thursday, November 17, 2022 | ||
| 32 | 32
motion
Extension of Time to File Document
Thu 11/17 3:20 PM
First MOTION for Extension of Time to File a response to Amended Complaint and enlarge time to extend the Court's Scheduling Order by East Hampton Fence & Gate, Inc., Michael Marran. (Gomez-Sanchez, Daniel) |
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| Thursday, November 03, 2022 | ||
| 31 | 31
notice
Notice of Appearance
Thu 11/03 1:06 PM
NOTICE of Appearance by Daniel Sergio Gomez-Sanchez on behalf of East Hampton Fence & Gate, Inc., Michael Marran (aty to be noticed) (Gomez-Sanchez, Daniel) |
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| Monday, October 03, 2022 | ||
| 30 | 30
service
Affidavit of Service
Mon 10/03 4:29 PM
AFFIDAVIT of Service for Order Dated October 3, 2022 Granting Defendants' Motion to Withdraw as Counsel served on Michael Marran on 10/03/2022, filed by East Hampton Fence & Gate, Inc., Michael Marran. (Basso, Jeffrey) |
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| 29 | 29
minutes
Motion Hearing
Mon 10/03 4:18 PM
Minute Entry for proceedings held before Magistrate Judge Anne Y. Shields:Motion Hearing held on 10/3/2022 (FTR Log #2:04-2:07.) (JT) |
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order
Order on Motion to Withdraw as Attorney
Mon 10/03 2:58 PM
ORDER granting 23 Motion to Withdraw as Attorney. Attorney Jeffrey V. Basso and Yale Pollack terminated; granting24 Motion to Withdraw as Attorney. As set forth on the record during the conference held on October 3, 2022, at which both defense counsel and Defendants appeared, this Court hereby grants counsel's application to withdraw as attorney as there has been a breakdown in the attorney/client relationship. The Clerk of the Court is directed to terminate their appearances on the docket herein. The Court further orders that this matter be stayed for a period of 30 days for Defendants East Hampton Fence & Gate, Inc. and Michael Marran, to obtain new counsel. to decide The Court further orders that Defendants obtain new counsel by November 4, 2022, and that new counsel enter a notice of appearance by November 4, 2022. As a corporate entity is not allowed to continue in a federal litigation unrepresented, East Hampton Fence & Gate, Inc. is advised that failure to have a notice of appearance entered by November 4, 2022 or failure to communicate with this Court advising why no such notice of appearance can be entered by that date, may result in this Court's recommendation to the District Court that an order of default be entered herein. Mr. Marran may, if he elects, proceed pro so, but must still notify the Court of such by November 4, 2022. Outgoing counsel is directed to serve a copy of this order on Defendants and to file proof of service on the docket by October 5, 2022. So Ordered by Magistrate Judge Anne Y. Shields on 10/3/2022. (DM) |
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| Wednesday, September 21, 2022 | ||
| 28 | 28
service
Affidavit of Service
Wed 09/21 12:17 PM
AFFIDAVIT of Service for Scheduling Order dated September 21, 2022 served on Michael Marran on 09/21/2022, filed by East Hampton Fence & Gate, Inc., Michael Marran. (Basso, Jeffrey) |
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order
Scheduling Order
Wed 09/21 11:15 AM
SCHEDULING ORDER: Due to a conflict in the Court's calendar, the telephone conference scheduled for today, September 21, 2022 at 2:00 PM is ADJOURNED to October 3, 2022 at 2:00 PM. Defense counsel as well as the Defendants are directed to be on the line for the telephonic conference. All call participants are directed to call the AT&T Teleconference Center at (877) 810-9415 at the time of the conference and enter Access Code 9005911 when prompted. Defense counsel is directed to serve a copy of this Order on Defendants and provide proof of service on ECF by September 23, 2022. So Ordered by Magistrate Judge Anne Y. Shields on 9/21/2022. (Mucciaccio, Dina) |
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| Thursday, August 25, 2022 | ||
| 27 | 27
service
Affidavit of Service
Thu 08/25 1:35 PM
AFFIDAVIT of Service for Scheduling Order served on Michael Marran on 08/25/2022, filed by East Hampton Fence & Gate, Inc., Michael Marran. (Basso, Jeffrey) |
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order
Scheduling Order
Thu 08/25 11:52 AM
SCHEDULING ORDER: A telephonic conference regarding defense counsel's motion to withdraw has been scheduled for September 21, 2022 at 2:00 PM. Defense counsel as well as the Defendants are directed to be on the line for the telephonic conference. All call participants are directed to call the AT&T Teleconference Center at (877) 810-9415 at the time of the conference and enter Access Code 9005911 when prompted. Defense counsel is directed to serve a copy of this Order on Defendants and provide proof of service on ECF by August 26, 2022. So Ordered by Magistrate Judge Anne Y. Shields on 8/25/2022. (Mucciaccio, Dina) |
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| Monday, August 22, 2022 | ||
| 26 | 26
service
Affidavit of Service
Mon 08/22 4:57 PM
AFFIDAVIT of Service for Notice of Motion to Withdraw as Counsel and Affirmation in Support served on Michael Marran on 08/22/2022, filed by East Hampton Fence & Gate, Inc., Michael Marran. (Basso, Jeffrey) |
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| 24 | 24
motion
Withdraw as Attorney
Mon 08/22 4:05 PM
MOTION to Withdraw as Attorney by East Hampton Fence & Gate, Inc., Michael Marran. (Basso, Jeffrey) |
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| Tuesday, August 16, 2022 | ||
| 22 | 22
cmp
Amended Complaint
Tue 08/16 11:20 AM
AMENDED COMPLAINT against East Hampton Fence & Gate, Inc., Michael Marran, filed by Juan Antonio Chavez. (McCreanor, Robert) |
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Att: 1
Exhibit A
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| Monday, August 15, 2022 | ||
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order
Order on Motion for Pre Motion Conference
Mon 08/15 10:31 AM
ORDER granting21 Motion for Pre Motion Conference. In light of the fact that Plaintiff's motion remains unopposed, Plaintiff's request to amend the pleadings is GRANTED. Plaintiff is directed to file and serve the amended complaint forthwith. So Ordered by Magistrate Judge Anne Y. Shields on 8/15/2022. (Mucciaccio, Dina) |
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| Tuesday, July 26, 2022 | ||
| 21 | 21
motion
Pre Motion Conference
Tue 07/26 4:24 PM
First MOTION for pre motion conference for leave to file amended complaint by Juan Antonio Chavez. (McCreanor, Robert) |
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| Wednesday, July 13, 2022 | ||
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order
Scheduling Order
Wed 07/13 11:39 AM
SCHEDULING ORDER: The parties' proposed discovery schedule is adopted as the Tier II FLSA Discovery Schedule in this matter. The following discovery deadlines are now in effect: Any motion to join parties or amend the pleadings must be made by August 19, 2022. Fact discovery shall be completed by February 19, 2023. Any party seeking to make a dispositive motion shall initiate that process, consistent with Judge Seybert's Individual Rules, on or before March 19, 2023. The joint proposed pre-trial order shall be filed by March 26, 2023, or, if a dispositive motion is filed, within 30 days of when a decision on the dispositive motion is rendered. Counsel for the parties are directed to submit a joint status letter on January 31, 2023. So Ordered by Magistrate Judge Anne Y. Shields on 7/13/2022. (Mucciaccio, Dina) |
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| Tuesday, July 12, 2022 | ||
| 20 | 20
misc
Proposed Scheduling Order
Tue 07/12 10:01 AM
Proposed Scheduling Order for Phase 2 FLSA Discovery by Juan Antonio Chavez (McCreanor, Robert) |
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| Tuesday, July 05, 2022 | ||
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order
Order on Motion to Compel
Tue 07/05 12:54 PM
ORDER granting in part and denying in part19 Motion to Compel. In light of Defendants' failure to cooperate in the mediation process, if by July 11, 2022 a date for mediation has not been scheduled, counsel are directed to confer and on July 12, 2022, submit a joint proposed Phase II FLSA discovery schedule for this Court's review. So Ordered by Magistrate Judge Anne Y. Shields on 7/5/2022. (Mucciaccio, Dina) |
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| Thursday, June 30, 2022 | ||
| 19 | 19
motion
Compel
Thu 06/30 5:56 PM
First MOTION to Compel Defendants' compliance with mediation referral Order. by Juan Antonio Chavez. (McCreanor, Robert) |
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| Wednesday, May 11, 2022 | ||
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order
Order Referring Case to Mediation
Wed 05/11 11:45 AM
ORDER REFERRING CASE to Mediation. Upon counsels' request this case is respectfully referred to the EDNY Mediation program. Mediation shall be completed forthwith. Selection of Mediator due by 5/25/2022. So Ordered by Magistrate Judge Anne Y. Shields on 5/11/2022. (Mucciaccio, Dina) |
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adr
Mediation Instructions
Wed 05/11 11:48 AM
MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation must be signed at the mediation session by all participants, including the mediator, and sent via email to Robyn_Weinstein@nyed.uscourts.gov. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be submitted within two weeks following mediation session. (Weinstein, Robyn) |
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| Tuesday, May 10, 2022 | ||
| 18 | 18
misc
Letter
Tue 05/10 3:28 PM
Letter providing status report to Court by Juan Antonio Chavez (McCreanor, Robert) |
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| Wednesday, April 27, 2022 | ||
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order
Order on Motion for Extension of Time to File
Wed 04/27 10:19 AM
ORDER granting17 Motion for Extension of Time to File. The date by which to file the joint status letter is EXTENDED to May 11, 2022. So Ordered by Magistrate Judge Anne Y. Shields on 4/27/2022. (Mucciaccio, Dina) |
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| Tuesday, April 26, 2022 | ||
| 17 | 17
motion
Extension of Time to File Document
Tue 04/26 4:03 PM
Letter MOTION for Extension of Time to File Submitted on Consent by All Parties by East Hampton Fence & Gate, Inc., Michael Marran. (Basso, Jeffrey) |
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| Friday, April 08, 2022 | ||
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order
Scheduling Order
Fri 04/08 12:02 PM
SCHEDULING ORDER: In light of the filing of the initial letter, the initial conference scheduled for April 11, 2022 is CANCELED . The parties' proposed Tier I FLSA Discovery Schedule found at docket entry No.16 is adopted and hereby SO ORDERED. Counsel are reminded that their joint status letter is due on April 27, 2022. So Ordered by Magistrate Judge Anne Y. Shields on 4/8/2022. (Mucciaccio, Dina) |
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| Thursday, April 07, 2022 | ||
| 16 | 16
misc
Letter
Thu 04/07 10:50 AM
Letter jointly submitted by the parties pursuant to Court Order by Juan Antonio Chavez (McCreanor, Robert) |
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Att: 1
Proposed Order
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| Friday, January 21, 2022 | ||
| 15 | 15
order
Scheduling Order
Fri 01/21 10:17 AM
ORDER: Initial Conference set for 4/11/2022 at 10:30 AM before Magistrate Judge Anne Y. Shields.The parties are directed to call the ATTteleconferencing center at (877) 810-9415 and to enter Access Code9005911 when prompted. See order and attachments. So Ordered by Magistrate Judge Anne Y. Shields on 1/21/2022. (Torres, Jasmine) |
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Att: 1
AYS Rules,
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Att: 2
Joint Letter Requirements,
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Att: 3
FLSA Form
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| Friday, January 07, 2022 | ||
| 14 | 14
misc
Affidavit/Affirmation
Fri 01/07 2:32 PM
AFFIDAVIT/AFFIRMATION Defendants' Rule 7.1 Statement by East Hampton Fence & Gate, Inc., Michael Marran (Basso, Jeffrey) |
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| 13 | 13
answer
Answer to Complaint
Fri 01/07 2:28 PM
ANSWER to1 Complaint, by East Hampton Fence & Gate, Inc., Michael Marran. (Basso, Jeffrey) |
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| Wednesday, December 15, 2021 | ||
| 12 | 12
motion
Extension of Time to File Answer
Wed 12/15 11:45 AM
MOTION for Extension of Time to File Answer re1 Complaint, by East Hampton Fence & Gate, Inc., Michael Marran. (Pollack, Yale) |
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order
Order on Motion for Extension of Time to Answer
Wed 12/15 12:40 PM
ORDER granting12 Motion for Extension of Time to Answer re12 MOTION for Extension of Time to File Answer re1 Complaint. Defendants East Hampton Fence & Gate, Inc. and Michael Marran's time to answer or otherwise respond to the Complaint is EXTENDED to January 7, 2022. So Ordered by Magistrate Judge Anne Y. Shields on 12/15/2021. (Mucciaccio, Dina) |
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| Tuesday, December 07, 2021 | ||
| 11 | 11
notice
Notice of Appearance
Tue 12/07 11:14 AM
NOTICE of Appearance by Jeffrey V. Basso on behalf of East Hampton Fence & Gate, Inc., Michael Marran (notification declined or already on case) (Basso, Jeffrey) |
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| 10 | 10
notice
Notice of Appearance
Tue 12/07 11:12 AM
NOTICE of Appearance by Yale Pollack on behalf of East Hampton Fence & Gate, Inc., Michael Marran (aty to be noticed) (Pollack, Yale) |
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| Friday, December 03, 2021 | ||
| 9 | 9
motion
Substitute Attorney
Fri 12/03 4:03 PM
Amended MOTION to Substitute Attorney Fully Executed Version by East Hampton Fence & Gate, Inc., Michael Marran. (Basso, Jeffrey) |
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| 8 | 8
motion
Substitute Attorney
Fri 12/03 3:57 PM
Consent MOTION to Substitute Attorney by East Hampton Fence & Gate, Inc., Michael Marran. (Basso, Jeffrey) |
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order
Order on Motion to Substitute Attorney
Fri 12/03 7:09 PM
ORDER granting9 Motion to Substitute Attorney. Attorney Brian J. Lester terminated. So Ordered by Magistrate Judge Anne Y. Shields on 12/3/2021. (Mucciaccio, Dina) |
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order
Order on Motion to Substitute Attorney
Fri 12/03 7:11 PM
ORDER terminating8 Motion to Substitute Attorney. In light of the filing and granting of the fully executed motion to substitute attorney found at docket entry No.9 , this motion is terminated as it was filed in error. So Ordered by Magistrate Judge Anne Y. Shields on 12/3/2021. (Mucciaccio, Dina) |
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| Monday, November 15, 2021 | ||
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order
Order on Motion for Extension of Time to Answer
Mon 11/15 12:00 PM
ORDER granting7 Motion for Extension of Time to Answer. Defendants East Hampton Fence & Gate, Inc. and Michael Marran's time to answer or otherwise respond to the Complaint is EXTENDED to 12/16/2021. So Ordered by Magistrate Judge Anne Y. Shields on 11/15/2021. (Mucciaccio, Dina) |
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| Friday, November 12, 2021 | ||
| 7 | 7
motion
Extension of Time to File Answer
Fri 11/12 2:48 PM
MOTION for Extension of Time to File Answer by East Hampton Fence & Gate, Inc., Michael Marran. (Lester, Brian) |
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| 6 | 6
notice
Notice of Appearance
Fri 11/12 2:43 PM
NOTICE of Appearance by Brian J. Lester on behalf of All Defendants (aty to be noticed) (Lester, Brian) |
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| Tuesday, October 19, 2021 | ||
| 5 | 5
service
Summons Issued
Tue 10/19 11:32 AM
Summons Issued as to Michael Marran. (Jakubowski, Laura) |
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| 4 | 4
service
Summons Issued
Tue 10/19 11:31 AM
Summons Issued as to East Hampton Fence & Gate, Inc. (Jakubowski, Laura) |
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| 3 | 3
misc
Clerks Notice of Rule 73
Tue 10/19 11:21 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. (Jakubowski, Laura) |
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| 2 | 2
misc
Quality Control Check - Attorney Case Opening
Tue 10/19 11:15 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Jakubowski, Laura) |
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utility
Case Assigned/Reassigned
Tue 10/19 11:20 AM
Case Assigned to Judge Joanna Seybert and Magistrate Judge Anne Y. Shields. 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. (Jakubowski, Laura) |
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| Friday, October 15, 2021 | ||
| 1 | 1
cmp
Complaint
Fri 10/15 3:46 PM
COMPLAINT for unpaid wages and related violations against East Hampton Fence & Gate, Inc., Michael Marran filing fee $ 402, receipt number ANYEDC-14938592 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Juan Antonio Chavez. (McCreanor, Robert) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Proposed Summons,
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Att: 3
Proposed Summons,
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Att: 4
Exhibit A
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