Mitchell v. Sirius XM Radio, Inc.
| New York Southern District Court | |
| Judge: | Lewis J Liman |
| Case #: | 1:23-cv-06092 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:201 Fair Labor Standards Act |
| Case Filed: | Jul 14, 2023 |
| Terminated: | Aug 24, 2023 |
| Last checked: Wednesday Jan 10, 2024 4:18 AM EST |
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Plaintiff
Kellee Mitchell
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Represented By
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| TERMINATED PARTIES | |
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Defendant
Sirius XM Radio, Inc.
Terminated: 08/24/2023
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Represented By
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| Docket last updated: 8 hours ago |
| Thursday, August 24, 2023 | ||
| 16 | 16
order
Notice of Voluntary Dismissal - Signed ~Util - Add and Terminate Parties
Thu 08/24 11:49 AM
NOTICE OF VOLUNTARY DISMISSAL. Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff Kellee Mitchell hereby gives notice that the above-captioned action is voluntarily dismissed without prejudice against Defendant Sirius XM Radio Inc. Defendant has not served an answer or motion for summary judgment. This dismissal is without prejudice and without costs or fees to any party. SO ORDERED., Sirius XM Radio, Inc. (a corporation,) terminated. (Signed by Judge Lewis J. Liman on 8/24/23) (yv) |
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| Wednesday, August 23, 2023 | ||
| 15 | 15
misc
Letter
Wed 08/23 1:42 PM
JOINT LETTER addressed to Judge Lewis J. Liman from Jason T. Brown and Kristina A. Yost dated August 23, 2023 re: notice of voluntary dismissal without prejudice. Document filed by Kellee Mitchell..(Brown, Jason) |
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| Tuesday, August 22, 2023 | ||
| 14 | 14
order
Order
Tue 08/22 3:16 PM
ORDER: Plaintiff Kellee Mitchell has filed a notice of voluntary dismissal without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). Under Samake v. Thunder Lube, Inc., 24 F.4th 804, 809-811 (2d Cir. 2022), the Court retains jurisdiction over this action for the limited purpose of determining whether a settlement of the Fair Labor Standard Act claim existsand, if so, its fairness. Accordingly, the parties are directed to submit a joint letter on or before August 25, 2023 indicating whether such a settlement exists and thus whether a hearing pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015) is required. SO ORDERED. (Signed by Judge Lewis J. Liman on 8/22/2023) (ama) |
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misc
Notice to Court Regarding Voluntary Dismissal
Tue 08/22 10:46 AM
***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. 13 Notice of Voluntary Dismissal was reviewed and referred to Judge Lewis J. Liman for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal in a Fair Labor Standards Act (FLSA) case. (km) |
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| Monday, August 21, 2023 | ||
| 13 | 13
notice
Notice of Voluntary Dismissal
Mon 08/21 1:40 PM
NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Sirius XM Radio, Inc.. Document filed by Kellee Mitchell. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Brown, Jason) |
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| Monday, August 07, 2023 | ||
| 12 | 12
respm
Declaration in Support of Motion
Mon 08/07 7:19 PM
DECLARATION of Mildred McInnis in Support re:10 MOTION to Compel Arbitration and Dismiss the 1 Complaint .. Document filed by Sirius XM Radio, Inc...(Lampe, Matthew) |
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Att: 1
Exhibit A - Offer Letter,
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Att: 2
Exhibit B - Arbitration Agreement
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| 11 | 11
respm
Memorandum of Law in Support of Motion
Mon 08/07 7:16 PM
MEMORANDUM OF LAW in Support re:10 MOTION to Compel Arbitration and Dismiss the 1 Complaint . . Document filed by Sirius XM Radio, Inc...(Lampe, Matthew) |
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| 10 | 10
motion
Compel Arbitration
Mon 08/07 7:12 PM
MOTION to Compel Arbitration and Dismiss the 1 Complaint . Document filed by Sirius XM Radio, Inc...(Lampe, Matthew) |
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| 9 | 9
misc
Rule 7.1 Corporate Disclosure Statement
Mon 08/07 7:05 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Sirius XM Holdings Inc., Corporate Parent Liberty Media Corp. for Sirius XM Radio, Inc.. Document filed by Sirius XM Radio, Inc...(Lampe, Matthew) |
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| 8 | 8
notice
Notice of Appearance
Mon 08/07 6:57 PM
NOTICE OF APPEARANCE by Christian A. Bashi on behalf of Sirius XM Radio, Inc...(Bashi, Christian) |
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| 7 | 7
notice
Notice of Appearance
Mon 08/07 6:56 PM
NOTICE OF APPEARANCE by Kristina Ann Yost on behalf of Sirius XM Radio, Inc...(Yost, Kristina) |
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| 6 | 6
notice
Notice of Appearance
Mon 08/07 6:54 PM
NOTICE OF APPEARANCE by Matthew Willis Lampe on behalf of Sirius XM Radio, Inc...(Lampe, Matthew) |
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| Friday, July 28, 2023 | ||
| 5 | 5
service
Summons Returned Executed
Fri 07/28 4:32 PM
SUMMONS RETURNED EXECUTED. Sirius XM Radio, Inc. served on 7/19/2023, answer due 8/9/2023. Service was accepted by Nadia Bellamy, Intake Specialist. Document filed by Kellee Mitchell..(Brown, Jason) |
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| Monday, July 17, 2023 | ||
| 4 | 4
service
Summons Issued
Mon 07/17 12:32 PM
ELECTRONIC SUMMONS ISSUED as to Sirius XM Radio, Inc...(jgo) |
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notice
Case Opening Initial Assignment Notice
Mon 07/17 12:22 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis J. Liman. 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] ..(jgo) |
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utility
Case Designation
Mon 07/17 12:24 PM
Magistrate Judge Sarah L. Cave 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] . (jgo) |
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utility
Case Designated ECF
Mon 07/17 12:24 PM
Case Designated ECF. (jgo) |
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| Friday, July 14, 2023 | ||
| 3 | 3
service
Request for Issuance of Summons
Fri 07/14 5:04 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Sirius XM Radio, Inc., re:1 Complaint. Document filed by Kellee Mitchell..(Brown, Jason) |
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| 2 | 2
misc
Civil Cover Sheet
Fri 07/14 4:58 PM
CIVIL COVER SHEET filed..(Brown, Jason) |
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| 1 | 1
24
pgs
cmp
Complaint
Fri 07/14 4:48 PM
COMPLAINT against Sirius XM Radio, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-28004064)Document filed by Kellee Mitchell..(Brown, Jason) |
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Att: 1
Exhibit A - Consent Form
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