Garcia v. The New York Opportunity Network, Inc.
| New York Southern District Court | |
| Judge: | Dale E Ho |
| Case #: | 1:24-cv-01638 |
| Nature of Suit | 751 Labor - Family and Medical Leave Act |
| Cause | 29:2617 Family and Medical Leave Act of 1993 |
| Case Filed: | Mar 04, 2024 |
| Terminated: | Aug 05, 2024 |
| Last checked: Saturday Aug 31, 2024 5:33 AM EDT |
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Defendant
The New York Opportunity Network, Inc.
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Represented By
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Plaintiff
Alexandra Garcia
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Represented By
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| Docket last updated: 2 hours ago |
| Wednesday, September 04, 2024 | ||
| 23 | 23
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pgs
order
Order on Motion to Reopen Case
Wed 09/04 2:54 PM
ORDER terminating22 Letter Motion to Reopen Case. Application GRANTED. The right to reopen without prejudice is extended to September 18, 2024. SO ORDERED. The Clerk of Court is respectfully requested to terminate ECF No. 22. (Signed by Judge Dale E. Ho on 9/4/2024) (tg) |
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| Tuesday, September 03, 2024 | ||
| 22 | 22
motion
Reopen Case
Tue 09/03 5:22 PM
LETTER MOTION to Reopen Case addressed to Judge Dale E. Ho from Victoria Spagnolo, Esq. dated 09/03/2024. Document filed by Alexandra Garcia..(Spagnolo, Victoria) |
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| Monday, August 05, 2024 | ||
| 21 | 21
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pgs
order
Order of Dismissal
Mon 08/05 4:47 PM
ORDER OF DISMISSAL The Court having been advised at ECF No. 20 that all claims asserted herein have been settled in principle, it is ORDERED that the above-entitled action be and is hereby DISMISSED and discontinued without costs, and without prejudice to the right to reopen the action within thirty days of the date of this Order if the settlement is not consummated.To be clear, any application to reopen must be filed by the aforementioned deadline; any application to reopen filed thereafter may be denied solely on that basis. Further, requests to extend the deadline to reopen are unlikely to be granted.If the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court by the deadline to reopen to be "so ordered" by the Court. Per the Court's Individual Rule No. 7, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record.Any pending motions are moot. All conferences are canceled. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Dale E. Ho on 8/5/2024) (jca) |
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| Monday, June 17, 2024 | ||
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adr
Mediation Conference Scheduled
Mon 06/17 4:29 PM
FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 8/8/2024 at 10:00 AM in telephone or video conference.(sni) |
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| Thursday, May 16, 2024 | ||
| 19 | 19
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pgs
misc
Status Report
Thu 05/16 3:27 PM
STATUS REPORT. Document filed by Alexandra Garcia..(Spagnolo, Victoria) |
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adr
Notice of Mediator Assignment
Thu 05/16 9:53 AM
NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 6/17/2024.(sge) |
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| Tuesday, May 14, 2024 | ||
| 18 | 18
9
pgs
answer
Answer to Complaint
Tue 05/14 3:40 PM
ANSWER to1 Complaint. Document filed by The New York Opportunity Network, Inc...(Byrnes, John) |
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| 17 | 17
misc
Rule 7.1 Corporate Disclosure Statement
Tue 05/14 3:37 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The New York Opportunity Network, Inc...(Byrnes, John) |
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| Thursday, May 09, 2024 | ||
| 16 | 16
order
Mediation Referral Order
Thu 05/09 10:50 AM
MEDIATION REFERRAL ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The parties are notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 5/23/2024. (Signed by Judge Dale E. Ho on 5/9/2024) (tg) |
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| 15 | 15
order
Case Management Plan
Thu 05/09 10:46 AM
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). The case is to be tried to a jury. The parties have conferred pursuant to Rule 26(f). Settlement discussions have taken place. Counsel for the parties believe the following alternative dispute resolution mechanisms may be helpful in resolving this case: Immediate referral to the District's Mediation Program. Any motion for leave to amend or join additional parties shall be filed no later than 6/14/2024. Depositions pursuant to Rules 30 and 31 shall be completed by the date set forth in paragraph 7(a). The parties shall join the conference by dialing (646) 453-4442 and entering the conference ID: 150 232 780, followed by the pound sign (#). Unless otherwise ordered by the Court, the parties shall submit to the Court for its approval a Joint Pretrial Order-prepared in accordance with the Court's Individual Trial Rules and Procedures and Rule 26(a)(3)- by 10/14/2024. The parties shall be ready for trial as of two weeks following the deadline for the proposed Joint Pretrial Order. SO ORDERED. Motions due by 6/14/2024. Deposition due by 9/13/2024. Fact Discovery due by 9/13/2024. Estimate length of trial 3 days. Telephone Conference set for 10/3/2024 at 11:30 AM before Judge Dale E. Ho. Pretrial Order due by 10/14/2024. (Signed by Judge Dale E. Ho on 5/9/2024) (tg) |
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| 14 | 14
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pgs
order
Order
Thu 05/09 10:34 AM
ORDER: On May 8, 2024, the parties filed a proposed case management plan and scheduling order. No significant issues were presented in the parties' materials. Accordingly, it is hereby ORDERED that the initial pretrial conference scheduled to take place on May 16, 2024 is CANCELLED. If the parties wish to proceed with the conference, they shall promptly file a letter on ECF so the conference can be reinstated on the Court's calendar. Such request must state the reasons why a conference remains necessary. On March 7, 2024, the Court ordered the parties to file a joint status letter in addition to a proposed case management plan and scheduling order. ECF No. 5. On April 25, 2024, the Court granted the parties' extension to submit that letter, to May 8, 2024. ECF No. 10. That date has now passed, and the Court is not in receipt of the parties' submission. Accordingly, the parties are ORDERED to file a joint status letter, following the instructions outlined by the Court at ECF No. 5, by no later than May 17, 2024. The parties are on notice that failure to comply with the Court's Orders may result in sanctions. The case management plan and scheduling order will issue separately. The requested referral to mediation will also issue separately. SO ORDERED. (Signed by Judge Dale E. Ho on 5/9/2024) (tg) |
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| Wednesday, May 08, 2024 | ||
| 13 | 13
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misc
Proposed Case Management Plan
Wed 05/08 4:10 PM
PROPOSED CASE MANAGEMENT PLAN. Document filed by Alexandra Garcia..(Spagnolo, Victoria) |
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| Monday, April 29, 2024 | ||
| 12 | 12
1
pgs
order
Order on Motion for Extension of Time
Mon 04/29 9:36 AM
ORDER granting11 Letter Motion for Extension of Time. Application GRANTED. Defendant's time to respond to the Complaint is adjourned to May 14, 2024. SO ORDERED. The Clerk of Court is respectfully requested to terminate ECF No. 11. (Signed by Judge Dale E. Ho on 4/29/2024) (tg) |
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utility
Set/Reset Deadlines
Mon 04/29 9:37 AM
Set/Reset Deadlines: The New York Opportunity Network, Inc. answer due 5/14/2024. (tg) |
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| Friday, April 26, 2024 | ||
| 11 | 11
motion
Extension of Time
Fri 04/26 3:02 PM
SECOND LETTER MOTION for Extension of Time to respond to the Complaint addressed to Judge Dale E. Ho from John J. Byrnes dated April 26, 2024. Document filed by The New York Opportunity Network, Inc...(Byrnes, John) |
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| Thursday, April 25, 2024 | ||
| 10 | 10
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pgs
order
Order ~Util - Set Deadlines/Hearings
Thu 04/25 12:50 PM
ORDER: Accordingly, it is hereby ORDERED that the initial pretrial conference is ADJOURNED to May 16, 2024, at 12:00 p.m. (E.T.). The parties' dial-in information remains unchanged: the parties shall dial 646-453-4442, enter the meeting code 17833641, and press pound (#). The parties shall submit their joint status letter and proposed case management plan by May 8, 2024. Plaintiff is on notice that failure to prosecute her case may result in its dismissal. Both parties are on notice that failure to comply with the Court's Orders may result in sanctions. SO ORDERED (Signed by Judge Dale E. Ho on 4/25/2024) ( Initial Conference set for 5/16/2024 at 12:00 PM before Judge Dale E. Ho.) (ks) |
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| Friday, March 29, 2024 | ||
| 9 | 9
1
pgs
order
Order on Motion for Extension of Time
Fri 03/29 11:53 AM
ORDER granting8 Letter Motion for Extension of Time. Application GRANTED. Defendant shall respond to the Complaint by April 30, 2024. SO ORDERED. The Clerk of Court is respectfully requested to terminate ECF No. 8.. (Signed by Judge Dale E. Ho on 3/29/2024) (ks) |
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utility
Set/Reset Deadlines
Fri 03/29 11:54 AM
Set/Reset Deadlines: The New York Opportunity Network, Inc. answer due 4/30/2024. (ks) |
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| Thursday, March 28, 2024 | ||
| 8 | 8
1
pgs
motion
Extension of Time
Thu 03/28 6:03 PM
FIRST LETTER MOTION for Extension of Time to respond to the Complaint addressed to Judge Dale E. Ho from John J. Byrnes dated March 28, 2024. Document filed by The New York Opportunity Network, Inc...(Byrnes, John) |
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| Monday, March 18, 2024 | ||
| 7 | 7
service
Summons Returned Executed
Mon 03/18 4:46 PM
SUMMONS RETURNED EXECUTED. The New York Opportunity Network, Inc. served on 3/11/2024, answer due 4/1/2024. Document filed by Alexandra Garcia..(Spagnolo, Victoria) |
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| 6 | 6
notice
Notice of Appearance
Mon 03/18 4:38 PM
NOTICE OF APPEARANCE by Victoria Spagnolo on behalf of Alexandra Garcia..(Spagnolo, Victoria) |
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| Thursday, March 07, 2024 | ||
| 5 | 5
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pgs
order
Order for Initial Pretrial Conference
Thu 03/07 3:40 PM
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 5/2/2024 at 12:00 PM before Judge Dale E. Ho. The conference will be held via Microsoft Teams. The parties should dial in by calling (646) 453-4442 and entering the Phone Conference ID: 178 336 41, followed by the pound (#) sign. SO ORDERED. (Signed by Judge Dale E. Ho on 3/7/2024) (ks) |
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| Tuesday, March 05, 2024 | ||
| 4 | 4
2
pgs
service
Summons Issued
Tue 03/05 12:04 PM
ELECTRONIC SUMMONS ISSUED as to The New York Opportunity Network, Inc...(jgo) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Tue 03/05 11:59 AM
***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Justin Marc Reilly. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo) |
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notice
Case Opening Initial Assignment Notice
Tue 03/05 12:00 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Dale E. Ho. 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
Tue 03/05 12:03 PM
Magistrate Judge Gabriel W. Gorenstein is designated to handle matters that may be referred in this case. 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
Tue 03/05 12:03 PM
Case Designated ECF. (jgo) |
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| Monday, March 04, 2024 | ||
| 3 | 3
misc
Civil Cover Sheet
Mon 03/04 4:07 PM
CIVIL COVER SHEET filed. |
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| 2 | 2
service
Request for Issuance of Summons
Mon 03/04 4:05 PM
REQUEST FOR ISSUANCE OF SUMMONS as to The New York Opportunity Network, Inc., re:1 Complaint. Document filed by Alexandra Garcia. |
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| 1 | 1
7
pgs
cmp
Complaint
Mon 03/04 4:02 PM
COMPLAINT against The New York Opportunity Network, Inc.. (Filing Fee $ 405.00, Receipt Number ANYSDC-29029194)Document filed by Alexandra Garcia. |
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