Lock et al v. Costco Wholesale Corporation
| New York Eastern District Court | |
| Judge: | Sanket J Bulsara |
| Case #: | 2:23-cv-07904 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:201 Fair Labor Standards Act |
| Case Filed: | Oct 23, 2023 |
| Last checked: Saturday Apr 20, 2024 6:59 AM EDT |
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Defendant
Costco Wholesale Corporation
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Represented By
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Plaintiff
Kai Lock
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Represented By
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Plaintiff
Michael Nickich
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Represented By
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Plaintiff
Kyle Straker
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Represented By
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GPO
Nov 08 2024
ORDER: For the reasons set forth in the attached Memorandum and Order, Defendants Partial Motion to Dismiss (ECF No. 18) is granted and the Complaints third cause of action alleging a violation of Section 195(3) of the New York Labor Law is dismissed. Ordered by Judge Nusrat J. Choudhury on 11/8/2024. (NB) |
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GPO
Mar 31 2025
ORDER denying 24 Motion to Certify FLSA Collective Action without prejudice for the reasons stated in the attached Memorandum and Order. So Ordered by Magistrate Judge Steven Tiscione on 3/31/2025. (MJG) |
| Docket last updated: 6 hours ago |
| Monday, March 31, 2025 | ||
| 40 | 40
13
pgs
order
Order on Motion to Certify FLSA Collective Action
Mon 03/31 4:29 PM
ORDER denying24 Motion to Certify FLSA Collective Action without prejudice for the reasons stated in the attached Memorandum and Order. So Ordered by Magistrate Judge Steven Tiscione on 3/31/2025. (MJG) |
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| Friday, March 28, 2025 | ||
| 39 | 39
misc
Letter 1 - Exparte Document - to be used ONLY in conjunction with primary event selection
Fri 03/28 2:58 PM
Letter Plaintiffs' Ex Parte Settlement Statement and Demand by Kai Lock, Michael Nickich, Kyle Straker (Forrester, Tana) |
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| Wednesday, March 26, 2025 | ||
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order
Order on Motion to Appear by Telephone/Video
Wed 03/26 6:05 PM
ORDER granting37 Motion to Appear by Telephone. Defendant's principal, Plaintiffs Straker and Lohnes are permitted to appear for the settlement conference by phone and must be available for the duration of the conference. Failure to be available will result in the immediate rescheduling of the conference for which all parties must appear in-person. Counsel shall provide the Court with the contact information during the conference when requested. So Ordered by Magistrate Judge Steven Tiscione on 3/26/2025. (LV) |
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| Monday, March 24, 2025 | ||
| 37 | 37
motion
Appear by Telephone/Video
Mon 03/24 12:18 PM
Letter MOTION to Appear by Telephone/Video at the upcoming Settlement Conference scheduled for April 1, 2025 by Costco Wholesale Corporation. (Whitman, Robert) |
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| Friday, March 21, 2025 | ||
| 36 | 36
notice
Notice(Other)
Fri 03/21 5:21 PM
NOTICE by Kai Lock, Michael Nickich, Kyle Straker re17 Consent to Become Party (Collective Action) Maria Smith revocation of her Consent Form and withdrawal as an Opt-In Plaintiff (Forrester, Tana) |
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| Friday, February 14, 2025 | ||
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utility
Case Assigned/Reassigned
Fri 02/14 10:39 AM
Case reassigned to Judge Sanket J. Bulsara. Judge Nusrat J. Choudhury no longer assigned to the 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. (LF) |
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| Tuesday, January 21, 2025 | ||
| 35 | 35
minutes
Initial Conference Hearing ~Util - Set Hearings
Tue 01/21 2:59 PM
Minute Entry for Initial Conference Hearing held on 1/16/2025 before Magistrate Judge Steven Tiscione: Kaske, Forrester for Plaintiffs; Winnick, Whitman for Defendant. The Court sets the following discovery deadlines: Deadline for completion of Rule 26(a) initial disclosures - 1/30/25; Completion of Phase I discovery - 3/17/25; First requests for production of documents and interrogatories due by - 4/16/25; All class certification discovery to be completed by 7/25/25; Deadline for Plaintiffs to File Motion for Class Certification - 8/22/25. An in-person settlement conference will be held on April 1, 2025 at 11:00 a.m. in Courtroom 910 of the Central Islip Courthouse. Parties are to submit their respective settlement positions via ex parte electronic filing no later than March 29, 2025. A motion to file ex parte is not required. Counsel are to refer to the Settlement Section of this Court's Individual Rules in preparation for the conference. (Not Recorded.) (LV) |
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| Tuesday, January 14, 2025 | ||
| 34 | 34
misc
Proposed Scheduling Order
Tue 01/14 6:52 PM
Proposed Scheduling Order filed in advance of Initial Conference on 2:30 p.m. on January 16, 2025 by Kai Lock (Kaske, Garrett) |
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| Thursday, December 19, 2024 | ||
| 33 | 33
order
Scheduling Order
Thu 12/19 12:43 PM
SCHEDULING ORDER: An initial conference will be held at 2:30 p.m. on January 16, 2025 before the undersigned by phone. Counsel for all parties must participate and shall connect to the conference through dial-in number 571-353-2301 with ID# 179933855. The attached Discovery Plan Worksheet is to be completed by counsel and electronically filed with the Court by January 14th. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court, is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge Steven Tiscione on 12/19/2024. (LV) |
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| Friday, November 22, 2024 | ||
| 32 | 32
answer
Answer to Complaint
Fri 11/22 3:42 PM
ANSWER to1 Complaint, by Costco Wholesale Corporation. (Whitman, Robert) |
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| Friday, November 08, 2024 | ||
| 31 | 31
11
pgs
order
Order on Motion to Dismiss
Fri 11/08 6:08 PM
ORDER: For the reasons set forth in the attached Memorandum and Order, Defendants Partial Motion to Dismiss (ECF No.18 ) is granted and the Complaints third cause of action alleging a violation of Section 195(3) of the New York Labor Law is dismissed. Ordered by Judge Nusrat J. Choudhury on 11/8/2024. (NB) |
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| Friday, September 06, 2024 | ||
| 30 | 30
misc
Letter
Fri 09/06 2:52 PM
Letter Joint Letter as a Notice of Supplemental Authority relevant to Costco's pending Partial Motion to Dismiss (ECF No. 18) by Costco Wholesale Corporation (Whitman, Robert) |
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Att: 1
Exhibit A - Guthrie Decision
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| Friday, April 26, 2024 | ||
| 29 | 29
respm
Response to Motion
Fri 04/26 2:43 PM
RESPONSE to Motion re24 Letter MOTION to Certify FLSA Collective Action [Letter Response] filed by Costco Wholesale Corporation. (Whitman, Robert) |
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Att: 1
Exhibit 1- Jovel Declaration,
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Att: 2
Exhibit 2- Mendoza Declaration,
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Att: 3
Exhibit 3- H. Woods Declaration,
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Att: 4
Exhibit 4- Nancarrow Declaration,
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Att: 5
Exhibit 5- Glenn Rotondo Declaration,
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Att: 6
Exhibit 6- Ryan Lester Declaration,
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Att: 7
Exhibit 7- Matthew Ward Declaration,
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Att: 8
Exhibit 8- Veronica Felix Declaration,
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Att: 9
Exhibit 9- John Hughes Declaration
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| Friday, April 19, 2024 | ||
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order
Order on Motion to Amend/Correct/Supplement
Fri 04/19 4:08 PM
ORDER: Plaintiffs' request for leave to file a response to Defendant Costco's Sur-Reply (ECF No. 28) is GRANTED. The Court accepts Plaintiffs' Motion requesting leave (ECF No. 28), as the sur-reply itself. Ordered by Judge Nusrat J. Choudhury on 4/19/2024. (NB) |
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| Thursday, April 18, 2024 | ||
| 28 | 28
motion
Amend/Correct/Supplement
Thu 04/18 7:13 PM
Letter MOTION to Amend/Correct/Supplement19 Memorandum in Opposition to Costco's Partial Motion to Dismiss, Plaintiffs' Request for Leave to File a Response to Costco's Sur-Reply by Kai Lock, Michael Nickich, Kyle Straker. (Kessler, Troy) |
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| Tuesday, April 16, 2024 | ||
| 27 | 27
respoth
Reply in Support
Tue 04/16 5:17 PM
REPLY in Support re18 MOTION to Dismiss / Notice of Partial Motion to Dismiss [Sur-reply in support of Defendants' partial motion to dismiss] filed by Costco Wholesale Corporation. (Whitman, Robert) |
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order
Order(Other)
Tue 04/16 2:46 PM
ORDER: Defendant contacted the Court to request that its Motion for Leave to File a Sur-Reply (ECF No. 25) be deemed the filing of the sur-reply in support of Defendants' partial motion to dismiss. The parties are reminded that ex parte calls to chambers are not permitted. See Individual Rule 2.2. To the extent the letter located at Docket 25 is Defendant's sur-reply, Defendant must refile the letter as a Sur-Reply and link it to Defendant's Motion to Dismiss, ECF No. 18. Ordered by Judge Nusrat J. Choudhury on 4/16/2024. (NB) |
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| Thursday, April 11, 2024 | ||
| 26 | 26
motion
Extension of Time to File Document
Thu 04/11 2:40 PM
Letter MOTION for Extension of Time to File Costco's opposition to Plaintiffs' Letter Motion to Certify FLSA Collective Action (ECF No. 24). by Costco Wholesale Corporation. (Whitman, Robert) |
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order
Order on Motion for Extension of Time to File
Thu 04/11 4:08 PM
ORDER granting26 Motion for Extension of Time to File. Costco's opposition to Plaintiffs' Letter Motion to Certify FLSA Collective Action is due by April 26th. So Ordered by Magistrate Judge Steven Tiscione on 4/11/2024. (LV) |
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order
Order on Motion for Leave to File
Thu 04/11 9:16 PM
ORDER: Plaintiffs' Motion for Leave to File a sur-reply (ECF No.18 ) is granted. Plaintiffs shall serve and file their sur-reply, which shall not exceed ten (10) pages, by April 25, 2024 . Ordered by Judge Nusrat J. Choudhury on 4/11/2024. (NB) |
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| Tuesday, April 09, 2024 | ||
| 25 | 25
motion
Leave to File Document
Tue 04/09 1:07 PM
Letter MOTION for Leave to File Document - Sur-Reply / Supplemental Brief in further support of Costco's Partial Motion to Dismiss (ECF No. 18) by Costco Wholesale Corporation. (Whitman, Robert) |
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| Friday, April 05, 2024 | ||
| 24 | 24
motion
Certify FLSA Collective Action
Fri 04/05 8:19 PM
Letter MOTION to Certify FLSA Collective Action by Kai Lock, Michael Nickich, Kyle Straker. (Kessler, Troy) |
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Att: 1
Exhibit A (Notice Plan),
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Att: 2
Exhibit B (Lock Decl.),
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Att: 3
Exhibit C (Straker Decl.),
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Att: 4
Exhibit D (Nickich Decl.),
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Att: 5
Exhibit E (Smith Decl.),
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Att: 6
Exhibit F (Paystubs)
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| Tuesday, March 19, 2024 | ||
| 23 | 23
misc
Consent to Become Party (Collective Action)
Tue 03/19 2:15 PM
CONSENT to become party in a collective action. by Kai Lock, Michael Nickich, Kyle Straker (Forrester, Tana) |
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| Tuesday, March 12, 2024 | ||
| 22 | 22
misc
Consent to Become Party (Collective Action)
Tue 03/12 3:56 PM
CONSENT to become party in a collective action. by Kai Lock (Kaske, Garrett) |
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| Thursday, March 07, 2024 | ||
| 21 | 21
misc
Letter
Thu 03/07 3:19 PM
Letter dated March 7, 2024 from Robert S. Whitman to Honorable Nusrat J. Choudhury in accordance with Rule 5.2.7 to "specify[] each document submitted" by the parties in connection with Costco's Partial Motion to Dismiss by Costco Wholesale Corporation (Whitman, Robert) |
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| 20 | 20
respoth
Reply in Support
Thu 03/07 2:50 PM
REPLY in Support re18 MOTION to Dismiss / Notice of Partial Motion to Dismiss filed by Costco Wholesale Corporation. (Whitman, Robert) |
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Att: 1
Declaration of Jillian Nancarrow
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| 19 | 19
16
pgs
respoth
Memorandum in Opposition
Thu 03/07 2:47 PM
MEMORANDUM in Opposition re18 MOTION to Dismiss / Notice of Partial Motion to Dismiss filed by Costco Wholesale Corporation. (Whitman, Robert) |
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| 18 | 18
motion
Dismiss
Thu 03/07 2:45 PM
MOTION to Dismiss / Notice of Partial Motion to Dismiss by Costco Wholesale Corporation. (Whitman, Robert) |
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Att: 1
Memorandum in Support
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| Tuesday, March 05, 2024 | ||
| 17 | 17
misc
Consent to Become Party (Collective Action)
Tue 03/05 1:35 PM
CONSENT to become party in a collective action. by Kai Lock, Michael Nickich, Kyle Straker (Forrester, Tana) |
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| Thursday, February 01, 2024 | ||
| 16 | 16
misc
Letter
Thu 02/01 5:39 PM
Letter informing Troy L. Kessler, Esq. that Costco elects to follow the Courts bundling procedure per Section 5.2.6 of the Courts Individual Rules for Civil and Criminal Cases. by Costco Wholesale Corporation (Whitman, Robert) |
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| Thursday, January 11, 2024 | ||
| 15 | 15
2
pgs
order
Order on Motion for Pre Motion Conference
Thu 01/11 4:50 PM
ORDER: The Court has reviewed the parties' correspondence concerning Defendant's anticipated motion to dismiss Plaintiffs' third cause of action under Rule 12(b)(1) of the Federal Rules of Civil Procedure, ECF Nos. 13, 14. Defendant's Motion for a pre-motion conference, ECF No.13 , is denied as the Court finds that a pre-motion conference is not necessary at this time. The parties shall comply with the attached briefing schedule. The parties must consult and comply with the Court's Individual Rules, including the Court's recommended bundling practice. See Individual Rule 5.2.6. Consequently, all briefing shall be filed with the Court no later than March 7, 2024 . Ordered by Judge Nusrat J. Choudhury on 1/11/2024. (NB) |
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| Monday, January 08, 2024 | ||
| 14 | 14
misc
Letter
Mon 01/08 2:33 PM
Letter in opposition to Defendant's pre-motion conference request in anticipation of Defendant's motion to dismiss Plaintiffs' Third Cause of Action pursuant to Fed. R. Civ. P. 12(b)(1) by Kai Lock (Kessler, Troy) |
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| Friday, January 05, 2024 | ||
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order
Order(Other)
Fri 01/05 11:53 PM
ORDER: The Court has received Defendant's letter for a pre-motion conference regarding Defendant's anticipated motion to dismiss Plaintiffs' Third Cause of Action pursuant to Rule 12(b)(1), Fed. R. Civ. P. Plaintiffs' letter response is due January 11, 2024. See Judge Choudhury's Individual Rules 5.1, 5.5. Please review the Court's Individual Rules prior to filing. Ordered by Judge Nusrat J. Choudhury on 1/5/2024. (NB) |
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| Thursday, January 04, 2024 | ||
| 13 | 13
motion
Pre Motion Conference
Thu 01/04 3:55 PM
Letter MOTION for pre motion conference in anticipation of Defendant's motion to dismiss Plaintiffs' Third Cause of Action pursuant to Fed. R. Civ. P. 12(b)(1) by Costco Wholesale Corporation. (Whitman, Robert) |
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| 12 | 12
misc
Corporate Disclosure Statement
Thu 01/04 3:52 PM
Corporate Disclosure Statement by Costco Wholesale Corporation (Whitman, Robert) |
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| Wednesday, January 03, 2024 | ||
| 11 | 11
notice
Notice of Appearance
Wed 01/03 3:43 PM
NOTICE of Appearance by Kyle D. Winnick on behalf of Costco Wholesale Corporation (aty to be noticed) (Winnick, Kyle) |
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| 10 | 10
notice
Notice of Appearance
Wed 01/03 3:41 PM
NOTICE of Appearance by Victoria Vitarelli on behalf of Costco Wholesale Corporation (aty to be noticed) (Vitarelli, Victoria) |
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| 9 | 9
notice
Notice of Appearance
Wed 01/03 3:39 PM
NOTICE of Appearance by Robert Steven Whitman on behalf of Costco Wholesale Corporation (aty to be noticed) (Whitman, Robert) |
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| Thursday, December 28, 2023 | ||
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misc
Consent to Jurisdiction by US Magistrate Judge - Declined
Thu 12/28 11:05 AM
NOTICE to Assign District Judge: In light of the parties' letter to the Court dated 12/26/2023 setting forth their mutual positions declining to consent to the assignment of this case to the undersigned for all purposes, the Clerk of Court is directed to reassign this case to a district judge. (LV) |
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utility
Case Assigned/Reassigned
Thu 12/28 3:43 PM
Case Reassigned to Judge Nusrat Jahan Choudhury and Magistrate Judge Steven Tiscione. 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. (AC) |
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| Tuesday, December 26, 2023 | ||
| 8 | 8
misc
Letter
Tue 12/26 1:01 PM
Letter to Clerk of the Court pursuant to Administrative Order No. 2023-23(4) by Costco Wholesale Corporation (Whitman, Robert) |
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| Thursday, October 26, 2023 | ||
| 7 | 7
service
Waiver of Service Executed
Thu 10/26 4:59 PM
WAIVER OF SERVICE Returned Executed by Kai Lock, Michael Nickich, Kyle Straker. Costco Wholesale Corporation waiver sent on 10/26/2023, answer due 12/25/2023. (Kessler, Troy) |
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| 6 | 6
misc
Consent to Become Party (Collective Action)
Thu 10/26 12:44 PM
CONSENT to become party in a collective action. by Michael Nickich (Kaske, Garrett) |
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| Tuesday, October 24, 2023 | ||
| 5 | 5
service
Summons Issued
Tue 10/24 2:29 PM
Summons Issued as to Costco Wholesale Corporation. (CL) |
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| 4 | 4
notice
Notice of Opportunity to Consent
Tue 10/24 2:27 PM
Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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 is also available here:[LINK:https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program.] Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website:[LINK:https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program.] (CL) |
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| 3 | 3
notice
Notice of Appearance
Tue 10/24 9:53 AM
NOTICE of Appearance by Tana Marie Forrester on behalf of All Plaintiffs (aty to be noticed) (Forrester, Tana) |
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misc
Quality Control Check - Attorney Case Opening
Tue 10/24 2:25 PM
This attorney case opening filing has been checked for quality control. (CL) |
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utility
Case Assigned/Reassigned
Tue 10/24 2:26 PM
Case Assigned to Magistrate Judge Steven Tiscione. 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. (CL) |
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| Monday, October 23, 2023 | ||
| 2 | 2
notice
Notice of Appearance
Mon 10/23 11:50 PM
NOTICE of Appearance by Garrett D. Kaske on behalf of All Plaintiffs (aty to be noticed) (Kaske, Garrett) |
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| 1 | 1
21
pgs
cmp
Complaint
Mon 10/23 11:45 PM
COMPLAINT (Class and Collective Action) against Costco Wholesale Corporation filing fee $ 402, receipt number ANYEDC-17211507 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Kai Lock, Michael Nickich, Kyle Straker. (Kessler, Troy) |
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Att: 1
Proposed Summons,
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Att: 2
Civil Cover Sheet
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