Rosenfeld v. PUIG USA, INC. et al
| New York Southern District Court | |
| Judge: | Dale E Ho |
| Referred: | Gary Stein |
| Case #: | 1:24-cv-02658 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:201 Fair Labor Standards Act |
| Case Filed: | Apr 08, 2024 |
| Terminated: | Sep 04, 2024 |
| Last checked: Saturday Oct 05, 2024 8:51 AM EDT |
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Defendant
Laurie Labesque
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Represented By
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Defendant
Sergio Massanas
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Defendant
PUIG USA, INC.
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Represented By
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Plaintiff
Aisha Rosenfeld
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Represented By
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| Docket last updated: 4 hours ago |
| Wednesday, September 04, 2024 | ||
| 38 | 38
order
Memo Endorsement
Wed 09/04 12:02 PM
MEMO ENDORSEMENT on re:37 Letter filed by Aisha Rosenfeld ENDORSEMENT: Where FLSA is implicated, "district court[s] properly inquire[] as to the existence of any FLSA settlement," even where parties purport to have dismissed a case. See Samake v. Thunder Lube, Inc., 24 F.4th 804, 809 (2d Cir. 2022) (citations omitted). In light of the parties' representation herein that no FLSA settlement was implicated, this case is hereby DISMISSED with prejudice, as stipulated by the parties at ECF Nos. 32-35. SO ORDERED. The Clerk of Court is respectfully requested to close this case. (Signed by Judge Dale E. Ho on 9/3/2024) (ks) |
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| Thursday, August 29, 2024 | ||
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misc
Notice to Court Regarding Voluntary Dismissal
Thu 08/29 9:29 AM
***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. 36 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Dale E. Ho 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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| Wednesday, August 28, 2024 | ||
| 37 | 37
misc
Letter
Wed 08/28 2:30 PM
SECOND LETTER addressed to Judge Dale E. Ho from Jerome Noll, Esq. dated 08/28/2024 re: Stipulation of Dismissal. Document filed by Aisha Rosenfeld..(Noll, Jerome) |
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| 36 | 36
misc
Stipulation of Voluntary Dismissal
Wed 08/28 1:36 PM
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Laurie Labesque, Sergio Massanas, PUIG USA, INC. and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Aisha Rosenfeld. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Noll, Jerome) |
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misc
Notice to Attorney Regarding Deficient Voluntary Dismissal
Wed 08/28 8:16 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Jerome Noll. RE-FILE Document No. 32 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed by all parties who have appeared. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (scanned ink signature image) PDF. (tp) |
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misc
Notice to Attorney Regarding Deficient Voluntary Dismissal
Wed 08/28 8:17 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Jerome Noll. RE-FILE Document No. 33 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed by all parties who have appeared;. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (scanned ink signature image) PDF. (tp) |
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misc
Notice to Court Regarding Voluntary Dismissal
Wed 08/28 8:21 AM
***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. 35 Notice of Voluntary Dismissal, was reviewed and referred to Judge Dale E. Ho for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal in a Fair Labor Standards Act (FLSA) case. (tp) |
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| Tuesday, August 27, 2024 | ||
| 35 | 35
notice
Notice of Voluntary Dismissal
Tue 08/27 3:59 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, with prejudice and without costs against the defendant(s) Sergio Massanas. Document filed by Aisha Rosenfeld. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Noll, Jerome) |
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| 34 | 34
notice
Notice of Voluntary Dismissal
Tue 08/27 3:43 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, with prejudice and without costs against the defendant(s) Sergio Massanas. Document filed by Aisha Rosenfeld. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Noll, Jerome) |
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| 33 | 33
misc
Stipulation of Voluntary Dismissal
Tue 08/27 3:38 PM
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Laurie Labesque, PUIG USA, INC. and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Aisha Rosenfeld. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Noll, Jerome) |
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| 32 | 32
misc
Stipulation of Voluntary Dismissal
Tue 08/27 1:52 PM
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Laurie Labesque, Sergio Massanas, PUIG USA, INC. and without costs. Document filed by Aisha Rosenfeld. Proposed Order to be reviewed by Clerk's Office staff. ..(Noll, Jerome) |
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| Monday, August 26, 2024 | ||
| 31 | 31
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order
Order
Mon 08/26 3:53 PM
ORDER: Plaintiff is ordered to file a letter on ECF by September 3, 2024, 1) explaining why Cheeks does not apply, notwithstanding that Plaintiff expressly raised an FLSA claim, see ECF No. 1; or 2) providing Second Circuit authority for the proposition that Plaintiff's FLSA claim need not be approved by the Court in these circumstances. Plaintiff is further directed to respond to Judge Stein's order requiring Plaintiff to 3) explain whether Plaintiff intends to prosecute this case further against Defendant Massanas via default judgment proceedings. The Court's order requiring submission by September 2, 2024, of the parties' settlement agreement is hereby ADJOURNED sine die, pending resolution of the above-mentioned issues. SO ORDERED. (Signed by Judge Dale E. Ho on 8/26/2024) (ks) |
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| Friday, August 23, 2024 | ||
| 30 | 30
misc
Letter
Fri 08/23 4:03 PM
FIRST LETTER addressed to Judge Dale E. Ho from Jerome Noll, Esq. dated 08/23/2024 re: Request to Enter Order. Document filed by Aisha Rosenfeld..(Noll, Jerome) |
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| Monday, August 19, 2024 | ||
| 29 | 29
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order
Order ~Util - Set Deadlines/Hearings
Mon 08/19 12:16 PM
ORDER: Accordingly, it is hereby ORDERED that, on or before September 2, 2024, the parties must submit the settlement agreement to the Court along with a joint letter explaining the basis for the proposed settlement and why, if parties contemplate dismissal under Rule 41, it should be approved as fair and reasonable, with reference to the factors discussed in Wolinsky. See Wolinsky, 900 F. Supp. 2d at 335-36. The letter should also address, if applicable, any incentive payments to the plaintiff and any attorney's fee award to plaintiff's counsel (with documentation to support the latter, if appropriate). As further set forth by this Order. All pending deadlines in this case, are adjourned sine die. SO ORDERED. (Signed by Judge Dale E. Ho on 8/19/2024) (tg) |
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| 28 | 28
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pgs
order
Order ~Util - Set Hearings
Mon 08/19 12:07 PM
ORDER: According to a report filed by a mediator associated with this District's Mediation Program, as of July 16, 2024, a mediation had been held in this matter "and agreement was reached on all issues." (Dkt. No. 27). The docket further reflects that Defendant Sergio Massanas is the only non-appearing Defendant in this matter. Accordingly, the appearing parties are directed to inform the Court jointly and promptly as to whether 1) they have indeed settled this matter; and 2) whether Plaintiff intends to prosecute this case further against Defendant Massanas via default judgment proceedings. Relatedly, the Initial Case Management Conference previously set to be held on Wednesday, August 21, 2024 at 10:00 a.m. (Dkt. No. 22) is hereby adjourned sine die. SO ORDERED. (Signed by Magistrate Judge Gary Stein on 8/19/2024) (tg) |
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| Wednesday, July 03, 2024 | ||
| 26 | 26
order
Protective Order
Wed 07/03 4:08 PM
STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... SO ORDERED. (Signed by Magistrate Judge Gary Stein on 7/3/2024) (tg) |
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| 25 | 25
misc
Letter
Wed 07/03 1:15 PM
LETTER addressed to Magistrate Judge Gary Stein from Zachary P. Siegel dated July 3, 2024 re: requesting that the Court so order the parties' Proposed Stipulation and Protective Order. Document filed by Laurie Labesque, PUIG USA, INC...(Siegel, Zachary) |
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Att: 1
Proposed Order -Stipulation and Protective Order,
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Att: 2
Exhibit - Redline - Model Stipulation and Protective Order
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| Friday, June 28, 2024 | ||
| 24 | 24
order
Order on Motion to Adjourn Conference
Fri 06/28 3:01 PM
Order. Application granted. The Initial Case Management Conference previously scheduled for July 25 is adjourned to Wednesday, August 21, 2024 at 10:00 a.m. The conference access information outlined in the Courts June 4, 2024 Order (Dkt. No. 22) remains in effect. SO ORDERED. (HEREBY ORDERED by Magistrate Judge Gary Stein)(Text Only Order) (ta) |
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| Thursday, June 27, 2024 | ||
| 23 | 23
motion
Adjourn Conference
Thu 06/27 3:56 PM
LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Gary Stein from Zachary P. Siegel dated June 27, 2024. Document filed by Laurie Labesque, PUIG USA, INC...(Siegel, Zachary) |
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| Tuesday, June 04, 2024 | ||
| 22 | 22
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pgs
order
Order for Initial Pretrial Conference
Tue 06/04 4:53 PM
INITIAL CASE MANAGEMENT CONFERENCE ORDER: Initial Conference set for 7/25/2024 at 10:00 AM before Magistrate Judge Gary Stein. The parties are directed to appear for a video conference via Microsoft Teams at the scheduled time. [Meeting ID: 216 411 975 808. Passcode: qFSPcq]. SO ORDERED. (Signed by Magistrate Judge Gary Stein on 6/4/2024) (vfr) |
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| Monday, June 03, 2024 | ||
| 21 | 21
answer
Answer to Complaint
Mon 06/03 12:29 PM
ANSWER to1 Complaint. Document filed by Laurie Labesque..(DeLarco, Michael) |
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| 20 | 20
answer
Answer to Complaint
Mon 06/03 12:27 PM
ANSWER to1 Complaint. Document filed by PUIG USA, INC...(DeLarco, Michael) |
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| Tuesday, May 21, 2024 | ||
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adr
Mediation Conference Scheduled
Tue 05/21 10:42 AM
FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 7/15/2024 at 09:30 AM in telephone or video conference.(sni) |
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| Thursday, May 09, 2024 | ||
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adr
Notice of Mediator Assignment
Thu 05/09 12:01 PM
NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 6/10/2024.(sge) |
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| Wednesday, May 08, 2024 | ||
| 19 | 19
order
Mediation Referral Order for Cases Filed Under the Fair Labor Standards Act
Wed 05/08 12:38 PM
MEDIATION REFERRAL ORDER FOR CASES FILED UNDER THE FAIR LABOR STANDARDS ACT 29 U.S.C. Sec. 201 et seq. This case, involving claims under the Fair Labor Standards Act (FLSA), 29 U.S.C. Sec. 201 et seq., has been assigned to this Court for all purposes. In the Courts experience, cases involving FLSA claims often benefit from early mediation. To that end, prior to a Rule 16(b) case management conference the Court is referring this case to the Mediation Office for settlement purposes under Local Civil Rule 83.9. To facilitate mediation the parties shall, within four weeks of this Order, confer and provide the items set forth in this Order. Mediator to be Assigned by 5/22/2024. (Signed by Judge Dale E. Ho on 10/13/2023) (rpr) |
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| Tuesday, April 30, 2024 | ||
| 18 | 18
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pgs
order
Order on Motion for Extension of Time to Answer
Tue 04/30 11:40 AM
ORDER granting17 Letter Motion for Extension of Time to Answer re17 LETTER MOTION for Extension of Time to File Answer re:1 Complaint addressed to Magistrate Judge Gary Stein from Michael E. DeLarco dated April 29, 2024.. Application granted. Defendant's time to respond to the complaint is hereby extended from May 2, 2024 to June 3, 2024. SO ORDERED. Laurie Labesque answer due 6/3/2024; PUIG USA, INC. answer due 6/3/2024. (Signed by Magistrate Judge Gary Stein on 4/30/2024) (tg) Modified on 4/30/2024 (tg) |
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| Monday, April 29, 2024 | ||
| 17 | 17
motion
Extension of Time to File Answer
Mon 04/29 9:51 AM
LETTER MOTION for Extension of Time to File Answer re:1 Complaint addressed to Magistrate Judge Gary Stein from Michael E. DeLarco dated April 29, 2024. Document filed by Laurie Labesque, PUIG USA, INC...(DeLarco, Michael) |
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| 16 | 16
misc
Rule 7.1 Corporate Disclosure Statement
Mon 04/29 9:48 AM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Puig North America Inc. for PUIG USA, INC.. Document filed by PUIG USA, INC...(Siegel, Zachary) |
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| 15 | 15
notice
Notice of Appearance
Mon 04/29 9:41 AM
NOTICE OF APPEARANCE by Zachary Phillip Siegel on behalf of Laurie Labesque, PUIG USA, INC...(Siegel, Zachary) |
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| 14 | 14
notice
Notice of Appearance
Mon 04/29 9:37 AM
NOTICE OF APPEARANCE by Michael Emanuel DeLarco on behalf of Laurie Labesque, PUIG USA, INC...(DeLarco, Michael) |
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| Thursday, April 11, 2024 | ||
| 13 | 13
service
Summons Returned Executed
Thu 04/11 2:32 PM
SUMMONS RETURNED EXECUTED Summons and Complaint served. Sergio Massanas served on 4/10/2024, answer due 5/1/2024. Service was accepted by Mario Salinas. Service was made by Mail. Document filed by Aisha Rosenfeld..(Marzec, Darius) |
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| 12 | 12
service
Summons Returned Executed
Thu 04/11 2:29 PM
SUMMONS RETURNED EXECUTED Summons and Complaint served. Laurie Labesque served on 4/10/2024, answer due 5/1/2024. Service was accepted by Mario Salinas. Service was made by Mail. Document filed by Aisha Rosenfeld..(Marzec, Darius) |
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| 11 | 11
service
Summons Returned Executed
Thu 04/11 2:27 PM
SUMMONS RETURNED EXECUTED Summons and Complaint served. PUIG USA, INC. served on 4/10/2024, answer due 5/1/2024. Service was accepted by Mario Salinas. Service was made by Mail. Document filed by Aisha Rosenfeld..(Marzec, Darius) |
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| Wednesday, April 10, 2024 | ||
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utility
Case Redesignation
Wed 04/10 8:47 AM
Magistrate Judge Gary Stein is so redesignated to handle matters that may be referred in this case. (laq) |
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notice
Notice of Reassignment of Referral to Magistrate Judge
Wed 04/10 8:48 AM
NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Gary Stein, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Magistrate Judge Gabriel W. Gorenstein no longer referred to the case. (laq) |
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| Tuesday, April 09, 2024 | ||
| 10 | 10
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pgs
order
Order Referring Case to Magistrate Judge
Tue 04/09 12:11 PM
ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Gabriel W. Gorenstein. SO ORDERED. (Signed by Judge Dale E. Ho on 4/9/2024) (ks) Modified on 4/9/2024 (ks) |
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| 9 | 9
misc
Civil Cover Sheet
Tue 04/09 9:39 AM
CIVIL COVER SHEET filed..(Marzec, Darius) |
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| 8 | 8
service
Summons Issued
Tue 04/09 9:28 AM
ELECTRONIC SUMMONS ISSUED as to Sergio Massanas. (vf) |
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| 7 | 7
service
Summons Issued
Tue 04/09 9:26 AM
ELECTRONIC SUMMONS ISSUED as to Laurie Labesque. (vf) |
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| 6 | 6
service
Summons Issued
Tue 04/09 9:25 AM
ELECTRONIC SUMMONS ISSUED as to PUIG USA, INC. (vf) |
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misc
Notice to Attorney to Submit/File Civil Cover Sheet
Tue 04/09 9:17 AM
***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Darius Adam Marzec. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (vf) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Tue 04/09 9:19 AM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Darius Adam Marzec. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:1938 Fair Labor Standards Act. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:201 Fair Labor Standards Act. (vf) |
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notice
Case Opening Initial Assignment Notice
Tue 04/09 9:20 AM
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] ..(vf) |
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utility
Case Designation
Tue 04/09 9:20 AM
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] . (vf) |
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utility
Case Designated ECF
Tue 04/09 9:21 AM
Case Designated ECF. (vf) |
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| Monday, April 08, 2024 | ||
| 5 | 5
notice
Notice of Appearance
Mon 04/08 5:34 PM
NOTICE OF APPEARANCE by Jerome Noll on behalf of Aisha Rosenfeld..(Noll, Jerome) |
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Att: 1
Affidavit Certificate of Service
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| 4 | 4
service
Request for Issuance of Summons
Mon 04/08 5:00 PM
REQUEST FOR ISSUANCE OF SUMMONS as to SERGIO MASSANAS, re:1 Complaint. Document filed by Aisha Rosenfeld..(Marzec, Darius) |
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| 3 | 3
service
Request for Issuance of Summons
Mon 04/08 4:58 PM
REQUEST FOR ISSUANCE OF SUMMONS as to LAURIE LABESQUE, re:1 Complaint. Document filed by Aisha Rosenfeld..(Marzec, Darius) |
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| 2 | 2
service
Request for Issuance of Summons
Mon 04/08 4:56 PM
REQUEST FOR ISSUANCE OF SUMMONS as to PUIG USA, INC., re:1 Complaint. Document filed by Aisha Rosenfeld..(Marzec, Darius) |
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| 1 | 1
cmp
Complaint
Mon 04/08 4:54 PM
COMPLAINT against Laurie Labesque, Sergio Massanas, PUIG USA, INC.. (Filing Fee $ 405.00, Receipt Number ANYSDC-29190253)Document filed by Aisha Rosenfeld..(Marzec, Darius) |
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Att: 1
Civil Cover Sheet Civil Cover Sheet
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