Mathieu v. GJ Apex Company LLC
| New York Eastern District Court | |
| Judge: | Dora Lizette Irizarry |
| Referred: | Taryn A Merkl |
| Case #: | 1:22-cv-06166 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 15:2(a) Fair Labor Standards Act |
| Case Filed: | Oct 13, 2022 |
| Terminated: | Jan 24, 2023 |
| Last checked: Tuesday Apr 11, 2023 4:32 AM EDT |
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Defendant
GJ Apex Company LLC
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Represented By
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Plaintiff
Joseph Mathieu
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Represented By
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| Docket last updated: 2 hours ago |
| Tuesday, November 19, 2024 | ||
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order
Order on Motion for Pre Motion Conference
Tue 11/19 3:18 PM
ORDER re8 Motion for Premotion Conference --- On January 20, 2023, the Court administratively closed this case in light of the parties' intent to proceed in arbitration. Now, nearly two years later, Plaintiff has filed a letter inappropriately addressed to addressed to the magistrate judge requesting a status conference to discuss his union's failure to prosecute the arbitration on his behalf. As an initial matter, Plaintiff's union is not a party to this action, and, thus, it is unclear what relief Plaintiff seeks. Furthermore, the Court's January 20, 2023 Order clearly stated that "[t]he parties may move to reopen this case within thirty (30) days of the final decision of the arbitrator ." Jan. 20, 2023 Order. Plaintiff's request is not a motion to reopen the case, and the arbitrator has not rendered any final decision. Thus, Plaintiff's motion for a premotion conference is denied as inappropriate and premature. SO ORDERED by Judge Dora Lizette Irizarry on 11/19/2024. (CC) |
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| Monday, November 18, 2024 | ||
| 8 | 8
motion
Pre Motion Conference
Mon 11/18 10:49 AM
MOTION for pre motion conference (Status Conference) by Joseph Mathieu. (Abrams, David) |
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| Tuesday, January 24, 2023 | ||
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utility
Incomplete ACO Case Termination/Statistical/Non Reportable Closing
Tue 01/24 11:45 AM
Incomplete ACO Case Termination/Statistical/Non Reportable Closing. (ML) |
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| Friday, January 20, 2023 | ||
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order
Order(Other)
Fri 01/20 6:02 PM
ORDER re6 Status Report filed by Joseph Mathieu -- The parties have advised the Court that the parties have conferred and agree that Plaintiff's claims in this Fair Labor Standards Act case are subject to arbitration and they will be pursuing this course of action. They thus request that this action be stayed pending arbitration. The request to stay arbitration is denied and, instead, the Clerk of the Court is directed to close this case administratively. The parties may move to reopen this case within thirty (30) days of the final decision of the arbitrator. SO ORDERED by Judge Dora Lizette Irizarry on 1/20/2023. (Irizarry, Dora) |
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| Tuesday, January 17, 2023 | ||
| 7 | 7
notice
Notice of Appearance
Tue 01/17 10:12 AM
NOTICE of Appearance by Daniel Sergio Gomez-Sanchez on behalf of GJ Apex Company LLC (aty to be noticed) (Gomez-Sanchez, Daniel) |
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| Friday, January 13, 2023 | ||
| 6 | 6
misc
Status Report
Fri 01/13 2:36 PM
STATUS REPORT by Joseph Mathieu (Abrams, David) |
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| 5 | 5
service
Summons Returned Executed
Fri 01/13 2:36 PM
SUMMONS Returned Executed by Joseph Mathieu. GJ Apex Company LLC served on 10/31/2022, answer due 11/21/2022. (Abrams, David) |
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order
Order(Other)
Fri 01/13 2:21 PM
ORDER: Under Fed. R. Civ. P. 4(m), plaintiffs are required to serve defendants within 90 days of the filing of a complaint. The Court notes that Plaintiff filed the Complaint on 10/13/2022 and summons was issued by the Clerk of Court on 10/14/2022. To date, no proof of service has been filed. Plaintiff is directed to file proof of service on or before 2/3/2023 . Ordered by Magistrate Judge Taryn A. Merkl on 1/13/2023. (SA) |
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| Friday, October 14, 2022 | ||
| 4 | 4
service
Summons Issued
Fri 10/14 1:52 PM
Summons Issued as to GJ Apex Company LLC. (KD) |
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| 3 | 3
misc
Quality Control Check - Attorney Case Opening
Fri 10/14 1:51 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
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| 2 | 2
misc
Clerks Notice of Rule 73
Fri 10/14 1:50 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. (KD) |
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utility
Case Assigned/Reassigned
Fri 10/14 1:50 PM
Case Assigned to Judge Dora Lizette Irizarry and Magistrate Judge Taryn A. Merkl. 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. (KD) |
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| Thursday, October 13, 2022 | ||
| 1 | 1
cmp
Complaint
Thu 10/13 9:38 AM
COMPLAINT against GJ Apex Company LLC filing fee $ 402, receipt number ANYEDC-16031547 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Joseph Mathieu. (Abrams, David) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Proposed Summons
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