Waraich v. First National Bank of Long Island
New York Eastern District Court | |
Judge: | Lashann Dearcy Hall |
Case #: | 1:24-cv-01269 |
Nature of Suit | 710 Labor - Fair Labor Standards Act |
Cause | 29:201 Fair Labor Standards Act |
Case Filed: | Feb 20, 2024 |
Terminated: | Dec 16, 2024 |
Last checked: Sunday Aug 18, 2024 4:53 AM EDT |
Defendant
First National Bank of Long Island
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Represented By
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Plaintiff
Hussan Waraich
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Represented By
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Docket last updated: 05/08/2025 11:59 PM EDT |
Monday, December 16, 2024 | ||
41 | 41
![]() CLERK'S JUDGMENT: that judgment is entered in favor of Plaintiff Lorena Perez and against Defendant First National Bank of Long Island in the amount of ONE THOUSAND FOUR HUNDRED DOLLARS AND ZERO CENTS ($1,400.00), inclusive of all Plaintiff's claims for relief, damages, expenses, and reimbursement of Plaintiff's reasonable attorneys' fees and costs incurred up to the date of this Offer. Signed by Deputy Clerk, Jalitza Poveda, on behalf of Clerk of Court, Brenna B. Mahoney, on 12/16/2024. (JP) |
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40 | 40
![]() CLERK'S JUDGMENT: that judgment is entered in favor of Plaintiff Alison LaMartina and against Defendant First National Bank of Long Island in the amount of ONE THOUSAND FOUR HUNDRED DOLLARS AND ZERO CENTS ($1,400.00), inclusive of all Plaintiff's claims for relief, damages, expenses, and reimbursement of Plaintiff's reasonable attorneys' fees and costs incurred up to the date of this Offer. Signed by Deputy Clerk, Jalitza Poveda, on behalf of Clerk of Court, Brenna B. Mahoney, on 12/16/2024. (JP) |
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39 | 39
![]() CLERK'S JUDGMENT: that judgment is entered in favor of Plaintiff Dennis Good and against Defendant First National Bank of Long Island in the amount of ONE THOUSAND FOUR HUNDRED DOLLARS AND ZERO CENTS ($1,400.00), inclusive of all Plaintiff's claims for relief, damages, expenses, and reimbursement of Plaintiff's reasonable attorneys' fees and costs incurred up to the date of this Offer. Signed by Deputy Clerk, Jalitza Poveda, on behalf of Clerk of Court, Brenna B. Mahoney, on 12/16/2024. (JP) |
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Tuesday, November 19, 2024 | ||
38 | 38
![]() CLERK'S JUDGMENT: that judgment is entered in favor of Plaintiff Hussain Waraich and against Defendant First National Bank of Long Island in the amount of ONE THOUSAND EIGHT HUNDRED DOLLARS ($1,800.00), inclusive of all Plaintiff's claims for relief, damages, expenses, and reimbursement of Plaintiffs reasonable attorneys' fees and costs incurred up to the date of this Offer. Signed by Deputy Clerk, Jalitza Poveda, on behalf of Clerk of Court, Brenna B. Mahoney, on 11/19/2024. (JP) |
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Thursday, November 14, 2024 | ||
37 | 37
![]() NOTICE of Acceptance with Offer of Judgment by First National Bank of Long Island for Lorena Perez (Citron, Evan) |
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36 | 36
![]() NOTICE of Acceptance with Offer of Judgment by First National Bank of Long Island for Alison LaMartina (Citron, Evan) |
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35 | 35
![]() NOTICE of Acceptance with Offer of Judgment by First National Bank of Long Island for Dennis Good (Citron, Evan) |
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34 | 34
![]() NOTICE of Acceptance with Offer of Judgment by First National Bank of Long Island for Hussan Waraich (Citron, Evan) |
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Saturday, November 02, 2024 | ||
order
Order on Motion for Extension of Time to File
Sat 11/02 9:43 AM
Order granting 33 : Defendant First National Bank of Long Island reports that "Plaintiffs' counsel is in the process of reviewing Defendants proposed finalized Offers of Judgment for Plaintiffs and expects to approve them within the next 1-2 days." (ECF No.33 ). By 11/14/2024 , Defendant shall file executed the Offers of Judgment or a status report. So Ordered by Magistrate Judge Marcia M. Henry on 11/02/2024. (JPB) |
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Tuesday, October 29, 2024 | ||
33 | 33
![]() STATUS REPORT re settlement by First National Bank of Long Island (Citron, Evan) |
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Thursday, October 24, 2024 | ||
order
Order on Motion for Leave to File
Thu 10/24 6:20 PM
ORDER granting 32 : Defendant reports that the parties have agreed to enter into an Offer of Judgment for each Plaintiff's claims. By 10/29/2024 , Defendant shall file executed the Offers of Judgment or a status report. The 10/15/2024 deadline to file a Cheeks motion for settlement approval is adjourned sine die . So Ordered by Magistrate Judge Marcia M. Henry on 10/24/2024. (JL) |
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Wednesday, October 16, 2024 | ||
order
~Util - Case Returned from Mediation
Wed 10/16 10:11 AM
Case returned from mediation. (JR) |
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Friday, October 11, 2024 | ||
32 | 32
![]() Letter MOTION for Leave to File Document - Leave to File Offers of Judgment executed by each Plaintiff on or before 10/29/24 by First National Bank of Long Island. (Citron, Evan) |
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Tuesday, October 01, 2024 | ||
order
Order on Motion for Extension of Time to File
Tue 10/01 11:33 AM
ORDER granting 31 Motion for Extension of Time to File: The parties' deadline to file a Cheeks motion for settlement approval is extended to 10/15/2024 . So Ordered by Magistrate Judge Marcia M. Henry on 10/01/2024. (JL) |
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Monday, September 30, 2024 | ||
31 | 31
![]() Letter MOTION for Extension of Time to File Motion for Settlement Approval by First National Bank of Long Island. (Citron, Evan) |
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Monday, August 12, 2024 | ||
order
Order on Motion for Settlement
Mon 08/12 10:00 AM
ORDER re30 : The parties report having reached a settlement in principle. Accordingly, by 09/30/2024 , the parties shall file their motion for settlement agreement pursuant to Cheeks v. Freeport Pancake House, Inc. , 796 F.3d 199 (2d Cir. 2015). The Cheeks motion shall include (1) a fully executed copy of the proposed settlement agreement, and any translated copies of the agreement, if applicable; (2) a letter brief (of seven pages or fewer) that includes a fulsome analysis of the factors set forth in Wolinsky v. Scholastic Inc. , 900 F. Supp. 2d 332, 335-36 (S.D.N.Y. 2012), and related cases; (3) an explanation of and documents related to Plaintiff's damages calculations; and (4) if attorneys' fees and costs are included in the settlement, time and billing records and receipts for Plaintiffs' counsel and copies of any relevant retainer agreements, if applicable. The deadlines in the 05/30/2024 FLSA discovery order 24 are adjourned sine die . Counsel may consider whether they will file a form consenting to the undersigned Magistrate Judge's jurisdiction for review of the settlement agreement and to conduct a Cheeks hearing, if needed. Either party or both parties may withhold consent without adverse substantive consequences. So Ordered by Magistrate Judge Marcia M. Henry on 08/12/2024. (JL) |
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Friday, August 09, 2024 | ||
30 | 30
![]() Letter MOTION for Settlement [Letter Motion re parties reaching agreement in principle to settle this matter] by First National Bank of Long Island. (Citron, Evan) |
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Tuesday, July 30, 2024 | ||
order
Mediation Status Report Order
Tue 07/30 8:17 AM
ORDER re28 : The parties report that they are engaged in settlement discussions but have not reached a settlement. Pursuant to the FLSA expedited discovery and mediation referral order24 , the parties are directed to complete mediation by 08/26/2024 , and file a status report regarding the mediation outcome by 09/04/2024 . The deadlines in the Court's 07/12/2024 Order remain in effect. So Ordered by Magistrate Judge Marcia M. Henry on 07/30/2024. (JL) |
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Monday, July 15, 2024 | ||
29 | 29
![]() MOTION for Leave to Electronically File Document under Seal by Hussan Waraich. (Miller, Matthew) |
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Att: 1
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28 | 28
![]() STATUS REPORT of the parties' settlement discussions by First National Bank of Long Island (Citron, Evan) |
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Friday, July 12, 2024 | ||
order
Order on Motion for Extension of Time to File
Fri 07/12 8:12 AM
ORDER granting 27 : Defendant's deadline to file its opposition to Plaintiff's motion for conditional collective certification is extended to 08/12/2024 , with Plaintiff's consent. Plaintiff's deadline to file any reply papers is extended to 08/19/2024 . No further extensions will be granted. The 07/15/2024 deadline to file under seal Plaintiff's motion exhibits remains in effect. So Ordered by Magistrate Judge Marcia M. Henry on 07/12/2024. (JL) |
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Wednesday, July 10, 2024 | ||
27 | 27
![]() Joint MOTION for Extension of Time to File the parties' briefing schedule on Plaintiff's motion for conditional certification (Dkt. No. 19) by First National Bank of Long Island. (Citron, Evan) |
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Monday, July 08, 2024 | ||
order
Order(Other)
Mon 07/08 5:08 PM
ORDER: The Court directed Plaintiff to move to file under seal the unredacted versions of the exhibits submitted in support of Plaintiff's motion for conditional certification by 07/03/2024. ( See 06/28/2024 Order.) To date, Plaintiff has not filed the motion or requested an extension of time to do so. Accordingly, the Court sua sponte extends the deadline to 07/15/2024 . So Ordered by Magistrate Judge Marcia M. Henry on 07/08/2024. (JL) |
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Tuesday, July 02, 2024 | ||
misc
Consent to Jurisdiction by US Magistrate Judge - Declined
Tue 07/02 12:13 PM
NOTICE to Assign District Judge: The Clerk of Court is directed to reassign this case to a district judge. (SY) |
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utility
Case Assigned/Reassigned
Tue 07/02 12:22 PM
Case Reassigned to Judge LaShann DeArcy Hall and Magistrate Judge Marcia M. Henry. Magistrate Judge Marcia M. Henry no longer assigned as presider 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. (DA) |
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Friday, June 28, 2024 | ||
order
Order(Other)
Fri 06/28 8:40 AM
ORDER: The Court has received via mail hard copies of Plaintiff's unredacted versions of the Exhibits B, C, D, and E filed in support of Plaintiff's motion for conditional certification of a collective action at19 . However, the unredacted documents must be filed on the docket. By 07/03/2024 , Plaintiff shall file a motion for leave to electronically file these documents under seal to protect any privileged or sensitive information. ( See M. Henry Indiv. Rule VII.A.) Plaintiff shall indicate in the letter motion whether the motion is unopposed by Defendant. So Ordered by Magistrate Judge Marcia M. Henry on 06/28/2024. (JL) |
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order
Order on Motion for Extension of Time to File Response/Reply
Fri 06/28 8:41 AM
ORDER granting 26 : Defendant's deadline to file its opposition to Plaintiff's motion for conditional collective certification is extended to 07/12/2024 . Plaintiff's deadline to file any reply papers is extended to 07/19/2024 . So Ordered by Magistrate Judge Marcia M. Henry on 06/28/2024. (JL) |
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Wednesday, June 26, 2024 | ||
26 | 26
![]() Letter MOTION for Extension of Time to File Response/Reply as to19 MOTION to Certify FLSA Collective Action (Conditionally) and Authorize Court-Supervised Notice by First National Bank of Long Island. (Citron, Evan) |
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Monday, June 03, 2024 | ||
order
Order on Motion for Extension of Time to File
Mon 06/03 9:25 PM
ORDER granting25 : Defendant's deadline to file an opposition to Plaintiff's motion for conditional collective certification19 is extended to 06/28/2024 , with Plaintiff's consent. Plaintiff's deadline to file any reply papers is extended to 07/07/2024 . So Ordered by Magistrate Judge Marcia M. Henry on 06/03/2024. (JL) |
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Friday, May 31, 2024 | ||
25 | 25
![]() Letter MOTION for Extension of Time to File Papers in Opposition to Plaintiff's Motion for Conditional Certification by First National Bank of Long Island. (Citron, Evan) |
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adr
Mediation Instructions
Fri 05/31 4:32 PM
MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms under ADR Forms/Mediation Forms/For Counsel and Parties. Counsel are to select a mediator, contact the mediator to schedule the first mediation session, and file the name of the mediator, date, time and place (in-person or remote) of the first mediation session using the Selection of the Mediator Form on the ADR Forms website under Mediator Forms/For Counsel and Parties: https://www.nyed.uscourts.gov/adr-forms or via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators, their qualifications and contact information, 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). The Confidentiality Stipulation (in-person or remote) must be signed at or before the initial mediation session by all participants and the Mediator and returned via e-mail to nyed_adr@nyed.uscourts.gov. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms under ADR Forms/Mediation Forms/For Counsel and Parties. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms under ADR Forms/Mediation Forms/For Counsel and Parties. The Mediation Report must be submitted within two weeks following mediation session. (JR) |
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Thursday, May 30, 2024 | ||
24 | 24
![]() ORDER IN FLSA CASE REQUIRING DISCOVERY, SETTING INITIAL PRETRIAL DISCOVERY SCHEDULE, AND REFERRAL TO MEDIATION: As stated on the record at the 05/30/2024 initial conference, the Court finds that this action requires a pretrial schedule tailored to the specific circumstances of this case, in which Plaintiffs raise claims pursuant to the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. ("FLSA"). Fed. R. Civ. P. 1, 16. Instead, the parties must utilize the discovery protocol and comply with the deadlines and requirements set forth in the attached Order . So Ordered by Magistrate Judge Marcia M. Henry on 05/30/2024. (SY) |
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23 | 23
![]() ORDER granting 22 : The parties' proposed protective order is So Ordered. See attached. So Ordered by Magistrate Judge Marcia M. Henry on 05/30/2024. (JL) |
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22 | 22
![]() Joint MOTION for Protective Order by First National Bank of Long Island. (Ficano, Cassandra) |
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minutes
Initial Conference Hearing
Thu 05/30 8:32 PM
MINUTE ENTRY for proceedings held before Magistrate Judge Marcia M. Henry: An video initial conference was held on 05/30/2024 . Matthew Miller appeared on behalf of the Plaintiff. Evan Citron and Cassandra Ficano appeared on behalf of the Defendant. As discussed on the record, the parties shall exchange limited discovery and are referred to mediation. A separate order shall issue. Pursuant to EDNY Administrative Order 2023-23, the parties may consent to the undersigned as the presiding judge in this action no later than 30 days following this Order, or by 07/01/2024 . (See ECF No. 2 ; see also Notice of Option to Consent to Magistrate Judge Jurisdiction (available at [LINK:https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf] .) If the parties do not consent by that date, a United States District Judge will be randomly assigned as the presiding judge, and the undersigned will remain as the assigned Magistrate Judge to manage pretrial discovery. The parties may also consent to the undersigneds jurisdiction after a United States District Judge is assigned. The parties are free to withhold consent without adverse substantive consequences. So Ordered by Magistrate Judge Marcia M. Henry on 05/30/2024. (Zoom Log # 2:37PM-3:02PM) |
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Wednesday, May 29, 2024 | ||
order
Order on Motion to Adjourn Conference
Wed 05/29 9:27 AM
ORDER denying21 : The parties' request to adjourn the 05/30/2024 initial conference is denied. However, the deadline to file a joint proposed discovery plan is adjourned sine die . So Ordered by Magistrate Judge Marcia M. Henry on 05/29/2024. (JL) |
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Tuesday, May 28, 2024 | ||
21 | 21
![]() Letter from Plaintiff's Counsel Requesting Adjournment of Initial Conference by Hussan Waraich (Miller, Matthew) |
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order
Order(Other)
Tue 05/28 9:48 AM
ORDER: The Court directed the parties to file a joint proposed discovery plan by 05/23/2024. ( See 05/01/2024 Scheduling Order.) To date, the parties have failed to comply or to request an extension of time do so. The Court sua sponte extends the deadline to file a proposed discovery plan to 05/29/2024 at 10:00 AM . So Ordered by Magistrate Judge Marcia M. Henry on 05/28/2024. (JL) |
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Wednesday, May 22, 2024 | ||
20 | 20
![]() REDACTION to19 MOTION to Certify FLSA Collective Action (Conditionally) and Authorize Court-Supervised Notice (Exhibit E to Miller Declaration, Doc 19-2, Excerpt of Security Program) by Hussan Waraich (Miller, Matthew) |
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19 | 19
![]() MOTION to Certify FLSA Collective Action (Conditionally) and Authorize Court-Supervised Notice by Hussan Waraich. (Miller, Matthew) |
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Tuesday, May 21, 2024 | ||
18 | 18
![]() NOTICE by Hussan Waraich of filing consent forms (Miller, Matthew) |
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Friday, May 03, 2024 | ||
17 | 17
![]() ANSWER to15 Amended Complaint by First National Bank of Long Island. (Citron, Evan) |
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Wednesday, May 01, 2024 | ||
16 | 16
![]() SCHEDULING ORDER : A video initial conference is scheduled for 05/30/2024 at 2:30PM before Magistrate Judge Marcia M. Henry. Pro se litigants and counsel for each represented party shall appear via video. Case participants shall join the video call ten (10) minutes before the conference and shall use the Zoom invitation link sent to the email addresses listed on the docket. Counsel are directed to review the attached Initial Conference Order and this Court's Individual Practice Rules for instructions. By 05/23/2024 , the parties must file a joint and completed copy of the attached Proposed Discovery Plan (also available in PDF format at: [LINK:https://img.nyed.uscourts.gov/files/local_rules/ProposedDiscoveryPlanMMH.pdf] ). To access this conference telephonically, the toll-free number 646-828-7666 and follow these steps: (1) Enter the meeting ID number: 161 384 9528 and then press #. (2) Press # again. (3) Enter the passcode: 171787 . Persons granted remote access to proceedings are reminded that photographing, recording, and rebroadcasting of any court proceeding or communication with the Court are prohibited. Violation of these prohibitions may result in sanctions. A transcript of the proceedings may be ordered from the Clerk's Office or the assigned Court Reporter. So Ordered by Magistrate Judge Marcia M. Henry on 05/01/2024. (SY) |
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Friday, April 19, 2024 | ||
15 | 15
![]() AMENDED COMPLAINT against First National Bank of Long Island, filed by Hussan Waraich. (Swidler, Justin) |
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14 | 14
![]() NOTICE by Hussan Waraich of Filing of Consents (Swidler, Justin) |
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Wednesday, April 03, 2024 | ||
13 | 13
![]() ANSWER to1 Complaint, by First National Bank of Long Island. (Ficano, Cassandra) |
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12 | 12
![]() Corporate Disclosure Statement by First National Bank of Long Island (Ficano, Cassandra) |
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11 | 11
![]() NOTICE of Appearance by Cassandra Ficano on behalf of First National Bank of Long Island (aty to be noticed) (Ficano, Cassandra) |
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10 | 10
![]() NOTICE of Appearance by Evan Benjamin Citron on behalf of First National Bank of Long Island (aty to be noticed) (Citron, Evan) |
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Tuesday, April 02, 2024 | ||
9 | 9
![]() SUMMONS Returned Executed by Hussan Waraich. First National Bank of Long Island served on 3/13/2024, answer due 4/3/2024. (Swidler, Justin) |
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Wednesday, March 27, 2024 | ||
8 | 8
![]() NOTICE by Hussan Waraich of filing consent forms (Miller, Matthew) |
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Att: 1
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Friday, March 15, 2024 | ||
order
Order on Motion for Leave to Appear Pro Hac Vice
Fri 03/15 6:08 PM
ORDER GRANTING 6 MOTION TO APPEAR Pro Hac Vice . Attorney Matthew Miller is granted permission to appear pro hac vice on behalf Plaintiff Hussan Waraich. The attorney shall register for ECF at[LINK:www.pacer.gov] . Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 200 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . So Ordered by Magistrate Judge Marcia M. Henry on 03/15/2024. (SY) |
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order
Order on Motion for Leave to Appear Pro Hac Vice
Fri 03/15 6:10 PM
ORDER GRANTING 7 MOTION TO APPEAR Pro Hac Vice . Attorney Justin Swidler is granted permission to appear pro hac vice on behalf Plaintiff Hussan Waraich. The attorney shall register for ECF at[LINK:www.pacer.gov] . Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 200 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . So Ordered by Magistrate Judge Marcia M. Henry on 03/15/2024. (SY) |
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Tuesday, March 05, 2024 | ||
7 | 7
![]() MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-17636269 by Hussan Waraich. (Swidler, Justin) |
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6 | 6
![]() MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-17636103 by Hussan Waraich. (Miller, Matthew) |
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Tuesday, February 20, 2024 | ||
5 | 5
![]() NOTICE by Hussan Waraich of Filing of Consents (Swidler, Justin) |
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4 | 4
![]() Summons Issued as to First National Bank of Long Island. (CV) |
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3 | 3
![]() This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) |
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2 | 2
![]() 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.] (CV) |
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1 | 1
![]() COMPLAINT against First National Bank of Long Island filing fee $ 405, receipt number ANYEDC-17584189 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Hussan Waraich. (Swidler, Justin) |
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