Williams et al v. Insomnia Cookies, LLC et al
| New York Southern District Court | |
| Judge: | Jesse M Furman |
| Case #: | 1:23-cv-03400 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:201 Fair Labor Standards Act |
| Case Filed: | Apr 23, 2023 |
| Terminated: | May 12, 2023 |
| Last checked: Friday Oct 20, 2023 10:18 AM EDT |
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Defendant
Seth Berkowitz
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Represented By
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Defendant
Insomnia Cookies, LLC
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Represented By
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Defendant
Serve U Brands, Inc.
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Represented By
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Plaintiff
Jonn Gibson
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Represented By
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Plaintiff
Michael Williams
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Represented By
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| Docket last updated: 4 hours ago |
| Wednesday, May 01, 2024 | ||
| 21 | 21
2
pgs
order
Order on Motion to Withdraw as Attorney
Wed 05/01 3:46 PM
MEMO ENDORSEMENT granting20 MOTION for Alex J. Seidenberg to Withdraw as Attorney. ENDORSEMENT Application GRANTED. The Clerk is directed to terminate ECF No. 20, and Alex Jay Seidenberg as counsel for Defendants. Attorney Alex Jay Seidenberg terminated. (Signed by Judge Jesse M. Furman on 5/1/2024) (jca) |
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| Tuesday, April 30, 2024 | ||
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motion
Withdraw as Attorney
Tue 04/30 1:47 PM
MOTION for Alex J. Seidenberg to Withdraw as Attorney . Document filed by Seth Berkowitz, Insomnia Cookies, LLC, Serve U Brands, Inc...(Seidenberg, Alex) |
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Att: 1
Affidavit Declaration in Support
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| Friday, May 19, 2023 | ||
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misc
Received Acknowledgment (Electronic Case Transfer)
Fri 05/19 3:25 PM
Received e-mail from the United States District Court - Eastern District of Missouri acknowledging receipt of transferred case. Assigned Case Number: 4:23-cv-00669, filed on 05/19/2023. (sac) |
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| Friday, May 12, 2023 | ||
| 19 | 19
3
pgs
order
Memorandum & Opinion
Fri 05/12 3:23 PM
MEMORANDUM OPINION AND ORDER: In light of that conclusion, the August 2, 2023 initial pretrial conference is canceled, and the Clerk of Court is directed (1) to transfer this case to the United States District Court for the Eastern District of Missouri and (2) to close the case in this District. (Signed by Judge Jesse M. Furman on 5/12/2023) (rro) |
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transfer
Case Transferred Out - District Transfer
Fri 05/19 11:52 AM
CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of Missouri.(rro) |
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| Monday, May 08, 2023 | ||
| 18 | 18
respoth
Response to Order to Show Cause
Mon 05/08 6:05 PM
RESPONSE TO ORDER TO SHOW CAUSE re:11 Order to Show Cause,,. Document filed by Seth Berkowitz, Insomnia Cookies, LLC, Serve U Brands, Inc...(Klein, Douglas) |
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| 17 | 17
misc
Rule 7.1 Corporate Disclosure Statement
Mon 05/08 5:50 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Krispy Kreme, Inc. for Insomnia Cookies, LLC, Serve U Brands, Inc.. Document filed by Insomnia Cookies, LLC, Serve U Brands, Inc...(Klein, Douglas) |
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| 16 | 16
notice
Notice of Appearance
Mon 05/08 5:46 PM
NOTICE OF APPEARANCE by Noel P. Tripp on behalf of Seth Berkowitz, Insomnia Cookies, LLC, Serve U Brands, Inc...(Tripp, Noel) |
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| 15 | 15
notice
Notice of Appearance
Mon 05/08 5:43 PM
NOTICE OF APPEARANCE by Alex Jay Seidenberg on behalf of Seth Berkowitz, Insomnia Cookies, LLC, Serve U Brands, Inc...(Seidenberg, Alex) |
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| 14 | 14
notice
Notice of Appearance
Mon 05/08 5:42 PM
NOTICE OF APPEARANCE by Douglas Joseph Klein on behalf of Seth Berkowitz, Insomnia Cookies, LLC, Serve U Brands, Inc...(Klein, Douglas) |
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| Wednesday, May 03, 2023 | ||
| 13 | 13
service
Request for Waiver of Service
Wed 05/03 6:04 PM
REQUEST FOR WAIVER OF SERVICE sent to INSOMNIA COOKIES LLC d/b/a Insomnia Cookies; SERVE U BRANDS, INC.; and SETH BERKOWITZ. Document filed by Jonn Gibson, Michael Williams. Request for Waiver Mailed on 5/1/2023. Waiver of Service due by 5/31/2023..(Troy, John) |
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Att: 1
Exhibit 01 Waiver of Service Form /mh
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| 12 | 12
respoth
Response to Order to Show Cause
Wed 05/03 5:53 PM
RESPONSE TO ORDER TO SHOW CAUSE re:11 Order to Show Cause,,. Document filed by Jonn Gibson, Michael Williams..(Troy, John) |
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| Wednesday, April 26, 2023 | ||
| 11 | 11
2
pgs
order
Order to Show Cause
Wed 04/26 2:54 PM
ORDER TO SHOW CAUSE. It is hereby ORDERED that Plaintiffs are to show cause in writing no later than May 3, 2023, why this case should not be transferred to the Eastern District of Missouri. If Plaintiffs file a response to this Order, Defendants shall file any response to Plaintiffs by May 8, 2023. If Plaintiffs do not respond to this Order by May 3, 2023, the Court will transfer the case to the Eastern District of Missouri without further notice. Plaintiffs are directed to electronically serve a copy of this Order on Defendants within one business day and to file proof of such service on the docket within two business days. SO ORDERED. ( Show Cause Response due by 5/8/2023.) (Signed by Judge Jesse M. Furman on 4/26/23) (yv) |
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| Monday, April 24, 2023 | ||
| 10 | 10
1
pgs
order
Order Referring Case to Magistrate Judge
Mon 04/24 4:50 PM
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Gabriel W. Gorenstein. No later than one week after an answer is filed, the parties shall contact the chambers of Magistrate Judge Gorenstein to schedule a settlement conference to take place at least two weeks before the initial pretrial conference. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/24/2023) (vfr) |
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| 9 | 9
4
pgs
order
Order for Initial Pretrial Conference
Mon 04/24 4:47 PM
ORDER REGARDING EARLY SETTLEMENT CONFERENCE AND THE INITIAL PRETRIAL CONFERENCE: This case, involving claims under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201 et seq., has been assigned to this Court for all purposes. In the Court's experience, cases involving FLSA claims often benefit from an early settlement conference. To that end, by separate Order to be entered today, the Court is referring this case to the assigned Magistrate Judge for settlement purposes. Unless and until the Court orders otherwise, no later than one week after an answer is filed, the parties shall contact the Chambers of the assigned Magistrate Judge to schedule a settlement conference to take place at least two weeks before the initial pretrial conference scheduled below. Further, to facilitate those settlement discussions, the parties shall, no later than three weeks after an answer is filed, exchange limited discovery in aid of settlement; the parties shall confer with respect to the scope of such limited discovery, and promptly raise any disputes with the assigned Magistrate Judge in accordance with his or her Individual Rules and Practices, as further set forth herein. Separate and apart from the foregoing, unless and until the Court orders otherwise, counsel for all parties shall appear for an initial pretrial conference with the Court on August 2, 2023, at 9:00 a.m. The conference will be held remotely by telephone in accordance with Paragraph 3.B of the Court's Individual Rules and Practices in Civil Cases. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. (As further set forth in this Order.) SO ORDERED. Initial Conference set for 8/2/2023 at 09:00 AM before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 4/24/2023) (vfr) |
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| 8 | 8
service
Summons Issued
Mon 04/24 1:12 PM
ELECTRONIC SUMMONS ISSUED as to Seth Berkowitz, Insomnia Cookies, LLC, Serve U Brands, Inc...(gp) |
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notice
Case Opening Initial Assignment Notice
Mon 04/24 1:10 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . 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:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(gp) |
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utility
Case Designation
Mon 04/24 1:10 PM
Magistrate Judge Gabriel W. Gorenstein 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:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (gp) |
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utility
Case Designated ECF
Mon 04/24 1:11 PM
Case Designated ECF. (gp) |
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misc
Notice to Attorney Regarding Party Modification
Mon 04/24 1:19 PM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney John Troy. The party information for the following party/parties has been modified: all plaintiffs. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (gp) |
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| Sunday, April 23, 2023 | ||
| 7 | 7
notice
Notice of Appearance
Sun 04/23 1:26 PM
NOTICE OF APPEARANCE by Tiffany Troy on behalf of Jonn Gibson, Michael Williams..(Troy, Tiffany) |
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| 6 | 6
notice
Notice of Appearance
Sun 04/23 1:23 PM
NOTICE OF APPEARANCE by Aaron B. Schweitzer on behalf of Jonn Gibson, Michael Williams..(Schweitzer, Aaron) |
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| 5 | 5
misc
Consent to Become Party Plaintiff
Sun 04/23 12:59 PM
CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Jonn Gibson..(Troy, John) |
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| 4 | 4
misc
Consent to Become Party Plaintiff
Sun 04/23 12:58 PM
CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Michael Williams..(Troy, John) |
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| 3 | 3
service
Request for Issuance of Summons
Sun 04/23 12:51 PM
REQUEST FOR ISSUANCE OF SUMMONS as to INSOMNIA COOKIES LLC d/b/a Insomnia Cookies; SERVE U BRANDS, INC.; and SETH BERKOWITZ, re:1 Complaint,. Document filed by Jonn Gibson, Michael Williams..(Troy, John) |
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| 2 | 2
misc
Civil Cover Sheet
Sun 04/23 12:48 PM
CIVIL COVER SHEET filed..(Troy, John) |
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| 1 | 1
cmp
Complaint
Sun 04/23 12:46 PM
COMPLAINT against Seth Berkowitz, Insomnia Cookies, LLC, Serve U Brands, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-27643261)Document filed by Michael Williams, Jonn Gibson..(Troy, John) |
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Att: 1
Exhibit 01 Document Preservation Demand /mh
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