Stoot et al v. Capital Management Services, L.P. et al
| New York Western District Court | |
| Judge: | Lawrence J Vilardo |
| Referred: | Michael J Roemer |
| Case #: | 1:24-cv-00592 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 15:2(a) Fair Labor Standards Act |
| Case Filed: | Jun 23, 2024 |
| Last checked: Friday Dec 20, 2024 4:47 AM EST |
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Defendant
Capital Management Services, L.P.
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Represented By
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Defendant
Center One, LLC
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Represented By
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Plaintiff
Vanessa Hill
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Represented By
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Plaintiff
Lisa A. Phillips
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Represented By
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Plaintiff
Robin R. Stoot
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Represented By
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| Docket last updated: 5 hours ago |
| Thursday, February 27, 2025 | ||
| 44 | 44
minutes
Motion Hearing
Mon 03/03 8:58 AM
Minute Entry for proceedings held before Hon. Michael J. Roemer. Appearances: Robert E. DeRose, Esq. and David Manes, Esq. on behalf of plaintiffs; Kevin G. Cope, Esq. on behalf of defendants. Motion Hearing held on 2/27/2025 re 41 MOTION Amended Motion for Conditional Certification and Court-Supervised Notice to Potential Opt-In Plaintiffs filed by Vanessa Hill, Lisa A. Phillips, Robin R. Stoot. The Court considered the matter submitted for decision/report and recommendation. (Court Reporter FTR Gold.) (RAZ) |
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| Wednesday, February 12, 2025 | ||
| 43 | 43
respm
Reply to Response to Motion
Wed 02/12 12:42 PM
REPLY to Response to Motion re41 MOTION Amended Motion for Conditional Certification and Court-Supervised Notice to Potential Opt-In Plaintiffs filed by Robin R. Stoot, Lisa A. Phillips, Vanessa Hill.(DeRose, Robert) |
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Att: 1
Exhibit A-0103 (01 31-2025 Fulton Order
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| Wednesday, February 05, 2025 | ||
| 42 | 42
20
pgs
respm
Memorandum in Opposition to Motion
Wed 02/05 4:32 PM
MEMORANDUM in Opposition re41 MOTION Amended Motion for Conditional Certification and Court-Supervised Notice to Potential Opt-In Plaintiffs filed by Center One, LLC, Capital Management Services, L.P.. (Cope, Kevin) |
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| Tuesday, January 14, 2025 | ||
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utility
Set Motion and R&R Deadlines/Hearings
Tue 01/14 2:00 PM
SCHEDULING NOTICE as to41 MOTION Amended Motion for Conditional Certification and Court-Supervised Notice to Potential Opt-In Plaintiffs. Responses due by 2/5/2025. Replies due by 2/19/2025. Motion Hearing set for 2/27/2025 11:30 AM in Allegany Courtroom, 6th Floor East, 2 Niagara Square, Buffalo, NY before Hon. Lawrence J. Vilardo. (RAZ) |
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utility
Set Motion and R&R Deadlines/Hearings
Tue 01/14 2:12 PM
AMENDED SCHEDULING NOTICE as to41 MOTION Amended Motion for Conditional Certification and Court-Supervised Notice to Potential Opt-In Plaintiffs. Responses due by 2/5/2025. Replies due by 2/19/2025. Motion Hearing set for 2/27/2025 11:30 AM in Allegany Courtroom, 6th Floor East, 2 Niagara Square, Buffalo, NY before Hon. Michael J. Roemer. (RAZ) |
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| Monday, January 13, 2025 | ||
| 41 | 41
motion
Miscellaneous Relief
Mon 01/13 2:51 PM
MOTION Amended Motion for Conditional Certification and Court-Supervised Notice to Potential Opt-In Plaintiffs by Robin R. Stoot, Lisa A. Phillips, Vanessa Hill.(DeRose, Robert) |
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Att: 1
Exhibit A-Notice for Opt-in Plaintiffs,
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Att: 2
Exhibit B-Robin Stoot Declaration
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| 40 | 40
misc
Corporate Disclosure Statement
Mon 01/13 10:52 AM
Corporate Disclosure Statement by Center One, LLC, Capital Management Services, L.P. identifying Corporate Parent Capital Management Services Group, Inc. for Capital Management Services, L.P., Center One, LLC.. (Cope, Kevin) |
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| Thursday, January 02, 2025 | ||
| 39 | 39
order
Order on Motion for Miscellaneous Relief Order on Motion to Continue
Thu 01/02 2:12 PM
TEXT ORDER. In light of the Amended Complaint34 and plaintiffs' motion38 indicating that they intend to amend their motion for conditional certification and court supervised notice, the pending motion for conditional certification28 is dismissed as moot and without prejudice. The motion hearing scheduled for 1/8/2025 is hereby CANCELLED. Plaintiffs shall file an amended motion for conditional certification on or before 1/24/2025. SO ORDERED. Issued by Hon. Michael J. Roemer on 1/2/2025. (RAZ) |
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| 38 | 38
motion
Continue
Thu 01/02 12:44 PM
Joint MOTION to Continue January 8, 2025 Hearing by Robin R. Stoot.(DeRose, Robert) |
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utility
E-Filing Notification
Thu 01/02 11:37 AM
E-Filing Notification regarding37 LETTER: this document contains a request for relief and should be filed as a motion. ACTION REQUIRED: Re-file document using the motion event.(SG) |
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| Tuesday, December 31, 2024 | ||
| 37 | 37
misc
Letter
Tue 12/31 1:17 PM
Letter filed by Robin R. Stoot on behalf of all parties seeking to change the January 8, 2025 hearing to a telephonic status conference . (DeRose, Robert) |
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| Tuesday, December 17, 2024 | ||
| 36 | 36
answer
Answer to Amended Complaint
Tue 12/17 10:45 AM
ANSWER to34 Amended Complaint by Center One, LLC, Capital Management Services, L.P..(Moldenhauer, Mark) |
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| Friday, December 13, 2024 | ||
| 35 | 35
notice
Notice (Other)
Fri 12/13 2:50 PM
NOTICE by Robin R. Stoot, Lisa A. Phillips Of Filing Consent To Join Forms Pursuant To 29 U.S.C. § 216(b)(Nilges, Hans) |
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Att: 1
Exhibit A - Consent Forms
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| Tuesday, December 10, 2024 | ||
| 34 | 34
cmp
Amended Complaint
Tue 12/10 11:23 AM
AMENDED COMPLAINT against Capital Management Services Group, Inc., filed by Vanessa Hill, Lisa A. Phillips, Robin R. Stoot.(DeRose, Robert) |
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| Friday, December 06, 2024 | ||
| 33 | 33
order
Order on Motion to Amend/Correct
Fri 12/06 8:47 AM
TEXT ORDER granting31 Motion to Amend or Correct16 Amended Complaint Unopposed Motion for Leave to File Second Amended Complaint by Robin R. Stoot, Lisa A. Phillips, Vanessa Hill. Second Amended Complaint to be filed no later than 12/13/2024. SO ORDERED. Issued by Hon. Michael J. Roemer on 12/6/2024. (RAZ) |
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| Monday, December 02, 2024 | ||
| 32 | 32
respm
Reply to Response to Motion
Mon 12/02 4:14 PM
REPLY to Response to Motion re28 MOTION Conditional Certification and Court Supervised Notice filed by Robin R. Stoot, Lisa A. Phillips, Vanessa Hill. (DeRose, Robert) |
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| 31 | 31
motion
Amend/Correct
Mon 12/02 4:06 PM
MOTION to Amend/Correct16 Amended Complaint Unopposed Motion for Leave to File Second Amended Complaint by Robin R. Stoot, Lisa A. Phillips, Vanessa Hill.(DeRose, Robert) |
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Att: 1
Exhibit Lodged Second Amended Complaint
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| Friday, November 15, 2024 | ||
| 30 | 30
21
pgs
respm
Memorandum in Opposition to Motion
Fri 11/15 1:47 PM
MEMORANDUM in Opposition re28 MOTION Conditional Certification and Court Supervised Notice filed by Capital Management Services Group, Inc..(Cope, Kevin) |
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Att: 1
Exhibit 1,
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Att: 2
Declaration of Danny Walker,
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Att: 3
Declaration of Jason Siwek,
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Att: 4
Declaration of Cory Magnuson
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| Sunday, November 10, 2024 | ||
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utility
Set Motion and R&R Deadlines/Hearings
Sun 11/10 4:07 PM
SCHEDULING NOTICE as to28 MOTION Conditional Certification and Court Supervised Notice. Responses due by 12/2/2024. Replies due by 12/16/2024. Motion Hearing set for 1/8/2025 01:30 PM in Allegany Courtroom, 6th Floor East, 2 Niagara Square, Buffalo, NY before Hon. Michael J. Roemer. (RAZ) |
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| Monday, November 04, 2024 | ||
| 29 | 29
order
Order Referring Case to Magistrate Judge
Mon 11/04 3:18 PM
TEXT REFERRAL ORDER (AMENDED) - Hon. Michael J. Roemer, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. § 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 11/4/2024. (ZHM) |
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| Friday, November 01, 2024 | ||
| 28 | 28
motion
Miscellaneous Relief
Fri 11/01 12:22 PM
MOTION Conditional Certification and Court Supervised Notice by Robin R. Stoot, Lisa A. Phillips, Vanessa Hill.(DeRose, Robert) |
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Att: 1
Exhibit Exhibit 1 - Notice for Opt-In Plaintiffs,
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Att: 2
Exhibit Exhibit 2 - Declaration of Arianna McDowell,
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Att: 3
Exhibit Exhibit 3 - Declaration of Kaylee Vander Ploeg,
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Att: 4
Exhibit Exhibit 4 - Declaration of Kelly Gantt,
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Att: 5
Exhibit Exhibit 5 - Declaration of Lisa Phillips,
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Att: 6
Exhibit Exhibit 6 - Declaration of Megan Kolb,
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Att: 7
Exhibit Exhibit 7 - Declaration of Vanessa Hill,
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Att: 8
Exhibit Exhibit 8 - Declaration of Toni Brown
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| Tuesday, October 22, 2024 | ||
| 27 | 27
2
pgs
notice
Notice (Other)
Tue 10/22 12:52 PM
NOTICE by Vanessa Hill, Lisa A. Phillips, Robin R. Stoot OF FILING CONSENT TO JOIN FORMS PURSUANT TO 29 U.S.C. § 216(b)(Nilges, Hans) |
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Att: 1
Exhibit A - Consent Forms
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| Friday, October 18, 2024 | ||
| 26 | 26
order
Scheduling Order
Fri 10/18 11:44 AM
CASE MANAGEMENT ORDER. (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Mandatory Disclosures due by 11/8/2024. Stipulation of Selection of Mediator due by 12/6/2024. Motions to Join Parties/Amend Pleadings due by 1/7/2025. First Mediation Session due by 3/7/2025. Signed by Hon. Michael J. Roemer on 10/18/2024. (RAZ) |
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| 25 | 25
misc
Corporate Disclosure Statement
Fri 10/18 10:50 AM
Corporate Disclosure Statement by Capital Management Services Group, Inc.. (Cope, Kevin) |
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| Tuesday, October 15, 2024 | ||
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utility
Remark
Tue 10/15 4:36 PM
ATTENTION ALL PLAINTIFFS OR INTERVENORS: Pursuant to Fed. R. Civ. P.7.1 and/or General Order No. 157. In the Matter of Disclosure of Members, Shareholders, Partners, and Leaders of Business Organization Parties, all Disclosure Statements are to be filed within seven (7) days of this notice. (KM) |
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| Thursday, October 10, 2024 | ||
| 23 | 23
notice
Notice (Other)
Thu 10/10 4:23 PM
NOTICE by Vanessa Hill, Lisa A. Phillips, Robin R. Stoot OF FILING CONSENT TO JOIN FORMS PURSUANT TO 29 U.S.C. § 216(b)(Nilges, Hans) |
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Att: 1
Exhibit A - Consent Forms
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| 22 | 22
notice
Notice (Other)
Thu 10/10 3:56 PM
NOTICE by Vanessa Hill, Lisa A. Phillips, Robin R. Stoot OF FILING CONSENT TO JOIN FORMS PURSUANT TO 29 U.S.C. § 216(b)(Nilges, Hans) |
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Att: 1
Exhibit A - Consent Forms
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| Monday, October 07, 2024 | ||
| 21 | 21
notice
Notice (Other)
Mon 10/07 11:50 AM
NOTICE by Vanessa Hill, Lisa A. Phillips, Robin R. Stoot OF FILING CONSENT TO JOIN FORMS PURSUANT TO 29 U.S.C. § 216(b)(Nilges, Hans) |
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Att: 1
Exhibit A - Consent Forms
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| Thursday, September 12, 2024 | ||
| 20 | 20
3
pgs
order
Order
Thu 09/12 4:28 PM
TEXT ORDER. The parties are hereby directed to jointly complete and email to chambers at roemer@nywd.uscourts.gov, the attached case management order. Such shall be completed within 30 days of the date of this Text Order. The Court will issue a final case management order upon receipt and review of the proposed deadlines. SO ORDERED. Issued by Hon. Michael J. Roemer on 9/12/2024. (RAZ) |
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| Wednesday, September 11, 2024 | ||
| 19 | 19
order
Order Referring Case to Magistrate Judge
Wed 09/11 3:12 PM
TEXT REFERRAL ORDER - Hon. Michael J. Roemer, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. § 636(b)(1)(A), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall not hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and (C), unless further ordered by this Court. All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. § 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of the Court. IT IS SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 9/11/2024. (ZHM) |
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| Friday, September 06, 2024 | ||
| 18 | 18
answer
Answer to Amended Complaint
Fri 09/06 5:05 PM
ANSWER to16 Amended Complaint by Capital Management Services Group, Inc..(Moldenhauer, Mark) |
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| Monday, August 12, 2024 | ||
| 17 | 17
order
Text Order
Mon 08/12 12:31 PM
This docket entry was issued in error. Modified on 8/12/2024 (DJ) |
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| Friday, August 09, 2024 | ||
| 16 | 16
24
pgs
cmp
Amended Complaint
Fri 08/09 1:13 PM
AMENDED COMPLAINT against Capital Management Services Group, Inc., filed by Lisa Phillips, Robin Stoot.(DeRose, Robert) |
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| Friday, July 26, 2024 | ||
| 15 | 15
notice
Notice (Other)
Fri 07/26 11:51 AM
NOTICE by Lisa Phillips, Robin Stoot of Filing Consent to Join Form Pursuant to 29 U.S.C. § 216(b)(Nilges, Hans) |
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Att: 1
Exhibit A - Consent Form
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| Monday, July 22, 2024 | ||
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utility
Remark
Mon 07/22 11:26 AM
ATTENTION ALL PLAINTIFFS OR INTERVENORS: Pursuant to Fed. R. Civ. P.7.1 and/or General Order No. 157. In the Matter of Disclosure of Members, Shareholders, Partners, and Leaders of Business Organization Parties, all Disclosure Statements are to be filed within seven (7) days of this notice. (KM) |
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| Friday, July 19, 2024 | ||
| 14 | 14
order
Text Order
Fri 07/19 11:28 AM
TEXT ORDER: The13 stipulation for an extension of time for the defendant to answer, move against, or otherwise respond to the complaint until 9/13/2024 is SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 7/19/2024. (CRT) |
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| Thursday, July 18, 2024 | ||
| 13 | 13
misc
Stipulation
Thu 07/18 2:52 PM
STIPULATION re1 Complaint Defendant's Time To Respond to Complaint by Capital Management Services Group, Inc.. (Cope, Kevin) |
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| 12 | 12
notice
Notice of Appearance
Thu 07/18 2:48 PM
NOTICE of Appearance by Kevin George Cope on behalf of Capital Management Services Group, Inc. (Cope, Kevin) |
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| 11 | 11
notice
Notice of Appearance
Thu 07/18 2:46 PM
NOTICE of Appearance by Mark A. Moldenhauer on behalf of Capital Management Services Group, Inc. (Moldenhauer, Mark) |
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| Thursday, July 11, 2024 | ||
| 10 | 10
notice
Notice (Other)
Thu 07/11 1:15 PM
NOTICE by Lisa Phillips, Robin Stoot of Filing Consent to Join Form Pursuant to 29 U.S.C. § 216(b)(Nilges, Hans) |
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Att: 1
Exhibit A - Consent Form
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| 9 | 9
notice
Notice of Appearance
Thu 07/11 11:52 AM
NOTICE of Appearance by Hans A. Nilges on behalf of Lisa Phillips, Robin Stoot (Nilges, Hans) |
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| Wednesday, July 10, 2024 | ||
| 8 | 8
service
Affidavit of Service
Wed 07/10 2:49 PM
AFFIDAVIT of Service for Summons & Complaint served on Jerry Noller on June 28, 2024, filed by Lisa Phillips, Robin Stoot. (Mullin, Robert) |
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| Monday, July 08, 2024 | ||
| 7 | 7
order
Text Order ~Util - Terminate Motions
Mon 07/08 11:57 AM
TEXT ORDER DENYING AS MOOT6 MOTION to appear pro hac vice by Robert DeRose, Esq. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 7/8/2024. (CMD) |
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| Tuesday, July 02, 2024 | ||
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utility
E-Filing Notification
Tue 07/02 11:13 AM
E-Filing Notification:6 MOTION to appear pro hac vice Robert DeRose, Esq. Attorney Robert Eurgene DeRose is confirmed as a fully admitted attorney to the WDNY, admitted January 26, 2016 in Buffalo. Contact the Court's finance department to inquire about pro hac vice admission refund. (DDS) |
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| Friday, June 28, 2024 | ||
| 6 | 6
motion
Appear Pro Hac Vice
Fri 06/28 10:43 AM
MOTION to appear pro hac vice Robert DeRose, Esq. ( Filing fee $ 200 receipt number ANYWDC-5219601.) by Lisa Phillips, Robin Stoot.(Mullin, Robert) |
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Att: 1
Affidavit Sponsor Affidavit,
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Att: 2
Exhibit Certificate Good Standing,
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Att: 3
Exhibit Attorney Oath,
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Att: 4
Exhibit Database Registration,
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Att: 5
Exhibit Civility Principles
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| Wednesday, June 26, 2024 | ||
| 5 | 5
service
Summons Issued
Wed 06/26 11:29 AM
Summons Issued as to Capital Management Services Group, Inc. (TMK) |
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| Tuesday, June 25, 2024 | ||
| 4 | 4
service
Original Summons Filed
Tue 06/25 2:41 PM
Original Summons Filed. (Mullin, Robert) |
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utility
Case Assigned/Reassigned
Tue 06/25 1:36 PM
Case assigned to Judge Vilardo. Notification to Chambers of on-line civil opening. (TF) |
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notice
Notice of Availability of Magistrate Judge
Tue 06/25 1:37 PM
Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at[LINK:http://www.uscourts.gov/services-forms/forms] . (TF) |
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adr
Automatic Referral to Mediation
Tue 06/25 1:37 PM
AUTOMATIC REFERRAL TO MEDIATION Pursuant to Section 2.1(A) of the Plan for Alternative Dispute Resolution in the United States District Court for the Western District of New York (the ADR Plan), this case is automatically referred to ADR. To access the ADR Plan and for inquiries regarding the Court's ADR Program please review the Court's[LINK:ADR webpage] and/or contact the Court's ADR Administrator at[LINK:adrprogram@nywd.uscourts.gov] . Prior to the Local Rule 16 scheduling conference, counsel and unrepresented parties shall review the [LINK:ADR Plan] and confer with each other regarding ADR for this case. Unless the parties agree to a different intervention, it is presumed they will participate in mediation. The parties shall be prepared to report on the outcome of their ADR discussion at the scheduling conference, as the initial Scheduling Order for this case will establish ADR deadlines in accordance with the ADR Plan.(TF) |
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utility
E-Filing Notification
Tue 06/25 2:29 PM
E-Filing Notification: re2 CONTINUATION OF EXHIBITS - Attorney is directed to re-file submit for issuance, please use the Original Summons Filed event, found under Service of Process. Please have the correct case number on the Summons. (TMK) |
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| Monday, June 24, 2024 | ||
| 3 | 3
CONTINUATION OF EXHIBITS, Exhibits A and B to1 Complaint - CONSENT TO BECOME A PARTY PLAINTIFF by Robert L. Mullin on behalf of All Plaintiffs.(Mullin, Robert) Modified on 6/25/2024 (TF).
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Att: 1
Exhibit Consent Party Plaintiff
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| 2 | 2
CONTINUATION OF EXHIBITS to1 Complaint Civil Cover Sheet & Summons .(Mullin, Robert)
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Att: 1
Civil Cover Sheet
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| E-Filing Notification: re1 COMPLAINT against Capital Management Services Group, Inc.. Action required: e-file civil cover sheet and summonses using event continuation of exhibits and link to1 Complaint, once that is entered a Judge will be assigned. (TF) | ||
| Sunday, June 23, 2024 | ||
| 1 | 1
COMPLAINT against Capital Management Services Group, Inc. $ 405 receipt number ANYWDC-5213530, filed by Lisa Phillips, Robin Stoot.(Mullin, Robert)
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