Kane et al v. A&J Produce Corp. et al
| New York Eastern District Court | |
| Judge: | Eric R Komitee |
| Referred: | Cheryl L Pollak |
| Case #: | 1:24-cv-05916 |
| Nature of Suit | 791 Labor - Employee Retirement Income Security Act |
| Cause | 29:1132 E.R.I.S.A.-Employee Benefits |
| Case Filed: | Aug 23, 2024 |
| Last checked: Wednesday Feb 19, 2025 3:27 AM EST |
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Defendant
A&J Produce Corp.
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Represented By
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Defendant
Armando Gerpe
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Represented By
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Defendant
Alex Weiler
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Represented By
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Defendant
WG Fruit & Veg Corp.
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Represented By
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Defendant
Our Girls Trucking, Inc.
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Represented By
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Defendant
Our Girls, LLC
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Defendant
Thomas Tramutola, Jr.
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Represented By
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Defendant
3J's Trucking, LLC
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Represented By
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Defendant
Mario Traina, Jr.
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Represented By
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Defendant
T&G Brokerage, LLC
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Represented By
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Defendant
Mary Traina
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Represented By
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Plaintiff
Anthony Rosa
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Represented By
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Plaintiff
Andrew Roy
Dealy Silberstein & Braverman, LLP 225 Broadway Suite 1405
New York, NY 10007 |
Represented By
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Plaintiff
Vincent Pacifico
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Represented By
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Plaintiff
Charles Machadio
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Represented By
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Plaintiff
Daniel Kane, Jr.
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Represented By
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Plaintiff
Myra Gordon
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Represented By
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| Docket last updated: 05/18/2025 11:59 PM EDT |
| Monday, April 28, 2025 | ||
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order
Order on Motion to Adjourn Conference 1 - Terminate Deadlines and Hearings
Mon 04/28 5:11 PM
ELECTRONIC ORDER granting39 : Discovery responses now due on or before 5/30/2025 . Status Conference is adjourned to 6/10/2025 @ 2:45 PM before Magistrate Judge Cheryl L. Pollak. The conference will proceed via CISCO conference call. Please dial 571-353-2301 at 2:45 PM . Enter Meeting ID: 022-788-537. No further adjournments of these deadlines should be anticipated. So Ordered by Magistrate Judge Cheryl L. Pollak on 4/28/2025. (LMD) |
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| Sunday, April 27, 2025 | ||
| 39 | 39
motion
Adjourn Conference
Sun 04/27 6:38 PM
Second MOTION to Adjourn Conference by 3J's Trucking, LLC, A&J Produce Corp., Thomas Tramutola, Jr., Alex Weiler. (Callesen, Mary) |
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| Tuesday, March 18, 2025 | ||
| 38 | 38
motion
Adjourn Conference
Tue 03/18 4:37 PM
MOTION to Adjourn Conference by Myra Gordon, Daniel Kane, Jr, Charles Machadio, Vincent Pacifico, Anthony Rosa, Andrew Roy. (Silberstein, Milo) |
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order
Order on Motion to Adjourn Conference 1 - Terminate Hearings
Tue 03/18 4:53 PM
ELECTRONIC ORDER granting38 Parties granted an additional thirty (30) days to April 28, 2025 to respond to the discovery requests while the parties discuss settlement. Status Conference is adjourned to 4/30/2025 @ 10:45 AM before Magistrate Judge Cheryl L. Pollak. The conference will proceed via CISCO conference call. Please dial 571-353-2301 at 10:45 AM. Enter Meeting ID: 022-788-537. So Ordered by Magistrate Judge Cheryl L. Pollak on 3/18/2025. (DC) |
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| Wednesday, January 29, 2025 | ||
| 37 | 37
misc
Stipulation
Wed 01/29 4:11 PM
STIPULATION by Thomas Tramutola, Jr., A&J Produce Corp., 3J's Trucking, LLC (Kastin, Jessica) |
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| Tuesday, January 21, 2025 | ||
| 36 | 36
notice
Notice of Appearance
Tue 01/21 4:46 PM
NOTICE of Appearance by Mary Katherine Callesen on behalf of Alex Weiler (aty to be noticed) (Callesen, Mary) |
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| 35 | 35
notice
Notice of Appearance
Tue 01/21 4:02 PM
NOTICE of Appearance by Damarr M. Butler on behalf of Alex Weiler (aty to be noticed) (Butler, Damarr) |
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| 34 | 34
notice
Notice of Appearance
Tue 01/21 1:28 PM
NOTICE of Appearance by Jessica Kastin on behalf of Alex Weiler (aty to be noticed) (Kastin, Jessica) |
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| Wednesday, January 15, 2025 | ||
| 33 | 33
notice
Notice of Appearance
Wed 01/15 12:15 PM
NOTICE of Appearance by Daniel F. Murphy on behalf of WG Fruit & Veg Corp., T&G Brokerage, LLC, Mary Traina, Mario Traina, Jr., Armando Gerpe, Our Girls Trucking, Inc. (aty to be noticed) (Murphy, Daniel) |
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| 32 | 32
notice
Notice of Appearance
Wed 01/15 12:05 PM
NOTICE of Appearance by Rebecca Kim Kimura on behalf of WG Fruit & Veg Corp., T&G Brokerage, LLC, Mary Traina, Mario Traina, Jr., Armando Gerpe, Our Girls Trucking, Inc. (aty to be noticed) (Kimura, Rebecca) |
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minutes
Initial Conference Hearing ~Util - Set Hearings
Wed 01/15 10:41 AM
MINUTE ENTRY for Initial Conference proceeding held before Magistrate Judge Cheryl Pollak on 1/14/2025. Appearances for Plaintiff: Milo Silberstein \ Marc Braverman. Appearances for Defendants: Damarr Butler, Jessica Kastin (A&J Produce, 3Js Trucking, Thomas Tramutola, Jr.); Rebecca Kimura (no notice of appearance filed - COUNSEL MUST FILE A NOTICE OF APPEARANCE), John Harras, Camisha Parkins, Daniel Murphy (no notice of appearance filed - COUNSEL MUST FILE A NOTICE OF APPEARANCE) (WG Fruit & Veg Corp., T&G Brokerage, LLC, Our Girls Trucking, Inc., Mary Traina, Mario Traina, Jr., Armando Gerpe). Discovery schedule set: Initial disclosures due 1/28/2025. Parties to exchange document requests and interrogatories by 2/28/2025 - responses due 3/28/2025. Status conference set for 4/2/2025 @ 10:15 AM. The conference will proceed via CISCO conference call. Please dial 571-353-2301 at 10:15 AM . Enter Meeting ID: 022-788-537. (FTR: 10:21 - 10:35) (DC) |
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| Tuesday, January 07, 2025 | ||
| 31 | 31
notice
Notice of Appearance
Tue 01/07 10:24 AM
NOTICE of Appearance by Milo S. Silberstein on behalf of All Plaintiffs (aty to be noticed) (Silberstein, Milo) |
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| 30 | 30
notice
Notice of Appearance
Tue 01/07 10:05 AM
NOTICE of Appearance by Amanda Elizabeth Maguire on behalf of All Plaintiffs (aty to be noticed) (Maguire, Amanda) |
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| Thursday, December 19, 2024 | ||
| 29 | 29
notice
Notice of Appearance
Thu 12/19 11:13 AM
NOTICE of Appearance by Camisha L. Parkins on behalf of WG Fruit & Veg Corp., T&G Brokerage, LLC, Mary Traina, Mario Traina, Jr., Armando Gerpe, Our Girls Trucking, Inc. (aty to be noticed) (Parkins, Camisha) |
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| Wednesday, December 04, 2024 | ||
| 28 | 28
answer
Answer to Complaint
Wed 12/04 3:10 PM
ANSWER to1 Complaint,,, by WG Fruit & Veg Corp., T&G Brokerage, LLC, Mary Traina, Mario Traina, Jr., Armando Gerpe, Our Girls Trucking, Inc.. (Harras, John) |
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| 27 | 27
misc
Corporate Disclosure Statement
Wed 12/04 3:07 PM
Corporate Disclosure Statement by WG Fruit & Veg Corp., T&G Brokerage, LLC, Our Girls Trucking, Inc. (Harras, John) |
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| Friday, November 22, 2024 | ||
| 26 | 26
answer
Answer to Complaint
Fri 11/22 5:00 PM
ANSWER to1 Complaint,,, by Thomas Tramutola, Jr., A&J Produce Corp., 3J's Trucking, LLC. (Kastin, Jessica) |
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| 25 | 25
misc
Corporate Disclosure Statement
Fri 11/22 4:57 PM
Corporate Disclosure Statement by A&J Produce Corp., 3J's Trucking, LLC identifying Corporate Parent A&J Produce Corp., Other Affiliate 3J's Trucking, LLC for A&J Produce Corp.. (Kastin, Jessica) |
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| Tuesday, November 12, 2024 | ||
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order
Order on Motion for Leave to Appear Pro Hac Vice
Tue 11/12 10:13 AM
ELECTRONIC ORDER granting23 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF; registration is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance to ensure that the attorney receives electronic notification of activity in this case. Also, the attorney shall ensure that the $200 admission fee is or has been submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee . So Ordered by Magistrate Judge Cheryl L. Pollak on 11/12/2024. (LMD) |
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| Monday, November 11, 2024 | ||
| 24 | 24
misc
Letter
Mon 11/11 2:21 PM
Letter Pursuant to Magistrate Pollak's Electronic Order Entered November 8, 2024 by Thomas Tramutola, Jr., A&J Produce Corp., 3J's Trucking, LLC (Butler, Damarr) |
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Att: 1
Exhibit A - Corrected Affidavit in Support of Motion for Admission Pro Hac Vice (ECF No. 23)
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| Friday, November 08, 2024 | ||
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order
Order on Motion for Leave to Appear Pro Hac Vice
Fri 11/08 4:51 PM
ELECTRONIC ORDER granting21 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF; registration is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance to ensure that the attorney receives electronic notification of activity in this case. Also, the attorney shall ensure that the $200 admission fee is or has been submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee . So Ordered by Magistrate Judge Cheryl L. Pollak on 11/8/2024. (LMD) |
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order
Status Report Order
Fri 11/08 4:53 PM
ELECTRONIC ORDER re23 : The motion for admission pro hac vice filed by Damarr Butler, Esq., fails to comply with Local Civil Rule 1.3(k). The sworn Affidavit submitted with the attorney's application does not indicate which law firm employs the applicant, nor does it indicate which party the applicant seeks to represent pro hac vice . The applicant may correct this deficiency by 11/22/2024 by attaching compliant documentation as an exhibit to a letter filed on ECF; applicant need not file a new motion for admission. So Ordered by Magistrate Judge Cheryl L. Pollak on 11/8/2024. (LMD) |
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| Wednesday, November 06, 2024 | ||
| 23 | 23
motion
Appear Pro Hac Vice
Wed 11/06 4:37 PM
MOTION to Appear Pro Hac Vice by Thomas Tramutola, Jr., A&J Produce Corp., 3J's Trucking, LLC. (Butler, Damarr) |
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Att: 1
Affidavit of Damarr M. Butler in Support of Motion for Admission Pro Hac Vice,
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Att: 2
Exhibit Certificate of Good Standing - District of Columbia,
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Att: 3
Exhibit Letter of Admission - Illinois,
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Att: 4
Exhibit Certificate of Good Standing - Maryland
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| 22 | 22
notice
Notice of Appearance
Wed 11/06 4:26 PM
NOTICE of Appearance by Jessica Kastin on behalf of Thomas Tramutola, Jr. (aty to be noticed) (Kastin, Jessica) |
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| 21 | 21
motion
Appear Pro Hac Vice
Wed 11/06 4:03 PM
MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-18470770 by Thomas Tramutola, Jr., A&J Produce Corp., 3J's Trucking, LLC. (Callesen, Mary) |
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Att: 1
Affidavit of Mary K. Callesen in Support of Motion for Admission Pro Hac Vice,
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Att: 2
Exhibit Certificate of Good Standing - District of Columbia
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| Monday, November 04, 2024 | ||
| 20 | 20
order
Scheduling Order
Mon 11/04 3:29 PM
SCHEDULING ORDER: An Initial Conference is set for 1/14/2025 @ 10:15 AM before Magistrate Judge Cheryl L. Pollak. Initial conference will proceed via CISCO conference call. Please dial 571-353-2301 at 10:15 AM . Enter Meeting ID: 022-788-537. So Ordered by Magistrate Judge Cheryl L. Pollak on 11/4/2024. (DC) |
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| 19 | 19
motion
Extension of Time to File Answer
Mon 11/04 2:57 PM
MOTION for Extension of Time to File Answer re1 Complaint,,, by WG Fruit & Veg Corp., T&G Brokerage, LLC, Mary Traina, Mario Traina, Jr., Armando Gerpe, Our Girls Trucking, Inc.. (Harras, John) |
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order
Order on Motion for Extension of Time to Answer
Mon 11/04 3:23 PM
ELECTRONIC ORDER granting19 Motion for Extension of Time to Answer - answer due 12/4/2024. So Ordered by Magistrate Judge Cheryl L. Pollak on 11/4/2024. (DC) |
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| Friday, October 18, 2024 | ||
| 18 | 18
service
Summons Returned Executed
Fri 10/18 3:40 PM
SUMMONS Returned Executed by Charles Machadio, Daniel Kane, Jr, Andrew Roy, Anthony Rosa, Myra Gordon, Vincent Pacifico. Thomas Tramutola, Jr. served on 9/16/2024, answer due 10/7/2024. (Braverman, Marc) |
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| 17 | 17
service
Summons Returned Executed
Fri 10/18 3:39 PM
SUMMONS Returned Executed by Charles Machadio, Daniel Kane, Jr, Andrew Roy, Anthony Rosa, Myra Gordon, Vincent Pacifico. Armando Gerpe served on 10/16/2024, answer due 11/6/2024. (Braverman, Marc) |
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| 16 | 16
service
Summons Returned Executed
Fri 10/18 3:38 PM
SUMMONS Returned Executed by Charles Machadio, Daniel Kane, Jr, Andrew Roy, Anthony Rosa, Myra Gordon, Vincent Pacifico. Mario Traina, Jr. served on 10/16/2024, answer due 11/6/2024. (Braverman, Marc) |
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| 15 | 15
service
Summons Returned Executed
Fri 10/18 3:37 PM
SUMMONS Returned Executed by Charles Machadio, Daniel Kane, Jr, Andrew Roy, Anthony Rosa, Myra Gordon, Vincent Pacifico. Mary Traina served on 10/16/2024, answer due 11/6/2024. (Braverman, Marc) |
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| 14 | 14
service
Summons Returned Executed
Fri 10/18 3:35 PM
SUMMONS Returned Executed by Charles Machadio, Daniel Kane, Jr, Andrew Roy, Anthony Rosa, Myra Gordon, Vincent Pacifico. Alex Weiler served on 9/16/2024, answer due 10/7/2024. (Braverman, Marc) |
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| 13 | 13
service
Summons Returned Executed
Fri 10/18 3:34 PM
SUMMONS Returned Executed by Charles Machadio, Daniel Kane, Jr, Andrew Roy, Anthony Rosa, Myra Gordon, Vincent Pacifico. T&G Brokerage, LLC served on 9/13/2024, answer due 10/4/2024. (Braverman, Marc) |
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| 12 | 12
service
Summons Returned Executed
Fri 10/18 3:33 PM
SUMMONS Returned Executed by Charles Machadio, Daniel Kane, Jr, Andrew Roy, Anthony Rosa, Myra Gordon, Vincent Pacifico. Our Girls, LLC served on 9/13/2024, answer due 10/4/2024. (Braverman, Marc) |
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| 11 | 11
service
Summons Returned Executed
Fri 10/18 3:31 PM
SUMMONS Returned Executed by Charles Machadio, Daniel Kane, Jr, Andrew Roy, Anthony Rosa, Myra Gordon, Vincent Pacifico. Our Girls Trucking, Inc. served on 9/13/2024, answer due 10/4/2024. (Braverman, Marc) |
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| 10 | 10
service
Summons Returned Executed
Fri 10/18 3:29 PM
SUMMONS Returned Executed by Charles Machadio, Daniel Kane, Jr, Andrew Roy, Anthony Rosa, Myra Gordon, Vincent Pacifico. WG Fruit & Veg Corp. served on 9/13/2024, answer due 10/4/2024. (Braverman, Marc) |
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| Tuesday, October 01, 2024 | ||
| 9 | 9
notice
Notice of Appearance
Tue 10/01 9:32 AM
NOTICE of Appearance by Jessica Kastin on behalf of 3J's Trucking, LLC, A&J Produce Corp. (aty to be noticed) (Kastin, Jessica) |
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| Tuesday, September 24, 2024 | ||
| 8 | 8
service
Waiver of Service Executed
Tue 09/24 11:09 AM
WAIVER OF SERVICE Returned Executed by Charles Machadio, Daniel Kane, Jr, Andrew Roy, Anthony Rosa, Myra Gordon, Vincent Pacifico. 3J's Trucking, LLC waiver sent on 9/23/2024, answer due 11/22/2024. (Braverman, Marc) |
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| 7 | 7
service
Waiver of Service Executed
Tue 09/24 11:08 AM
WAIVER OF SERVICE Returned Executed by Charles Machadio, Daniel Kane, Jr, Andrew Roy, Anthony Rosa, Myra Gordon, Vincent Pacifico. A&J Produce Corp. waiver sent on 9/23/2024, answer due 11/22/2024. (Braverman, Marc) |
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| Tuesday, September 03, 2024 | ||
| 6 | 6
service
Summons Issued
Tue 09/03 10:23 AM
Summons Issued as to 3J's Trucking, LLC, A&J Produce Corp., Armando Gerpe, Our Girls Trucking, Inc., Our Girls, LLC, T&G Brokerage, LLC, Mary Traina, Mario Traina, Jr., Thomas Tramutola, Jr., WG Fruit & Veg Corp., Alex Weiler. (ENE) |
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| Thursday, August 29, 2024 | ||
| 5 | 5
misc
Proposed Summons/Civil Cover Sheet
Thu 08/29 3:21 PM
Proposed Summons. Re1 Complaint,,, by Myra Gordon, Daniel Kane, Jr, Charles Machadio, Vincent Pacifico, Anthony Rosa, Andrew Roy (Braverman, Marc) |
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| Wednesday, August 28, 2024 | ||
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misc
Quality Control Check - Summons
Wed 08/28 9:35 AM
Your proposed summons was not issued for one of the following reasons: If multiple defendants, there must me a rider attached to the summons with the name and addresses of all defendants included. Only one Summons is required with all Defendant's listed in the caption. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (ENE) |
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| Tuesday, August 27, 2024 | ||
| 4 | 4
misc
Proposed Summons/Civil Cover Sheet
Tue 08/27 5:10 PM
Proposed Summons. Re1 Complaint,,, by Myra Gordon, Daniel Kane, Jr, Charles Machadio, Vincent Pacifico, Anthony Rosa, Andrew Roy (Braverman, Marc) |
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Att: 1
Proposed Summons 3 J's,
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Att: 2
Proposed Summons Our Girls Trucking,
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Att: 3
Proposed Summons Our Girls,
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Att: 4
Proposed Summons WG,
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Att: 5
Proposed Summons T&G,
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Att: 6
Proposed Summons Tramutola,
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Att: 7
Proposed Summons Weiler,
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Att: 8
Proposed Summons Mary Traina,
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Att: 9
Proposed Summons Mario Traina,
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Att: 10
Proposed Summons Gerpe
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| Monday, August 26, 2024 | ||
| 3 | 3
misc
Quality Control Check - Attorney Case Opening
Mon 08/26 2:52 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) |
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| 2 | 2
misc
Clerks Notice of Rule 73
Mon 08/26 2:50 PM
Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link:[LINK:https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf] (SDM) |
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utility
Case Assigned/Reassigned
Mon 08/26 2:48 PM
Case Assigned to Judge Eric R. Komitee and Magistrate Judge Cheryl L. Pollak. 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. (SDM) |
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misc
Quality Control Check - Summons
Mon 08/26 2:49 PM
Your proposed summons was not issued for one of the following reasons: If multiple defendants, there must me a rider attached to the summons with the name and addresses of all defendants included., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (SDM) |
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| Friday, August 23, 2024 | ||
| 1 | 1
cmp
Complaint
Fri 08/23 2:47 PM
COMPLAINT against 3J's Trucking, LLC, A&J Produce Corp., Armando Gerpe, Our Girls Trucking, Inc., Our Girls, LLC, T&G Brokerage, LLC, Mary Traina, Mario Traina, Jr., Thomas Tramutola, Jr., WG Fruit & Veg Corp., Alex Weiler filing fee $ 405, receipt number BNYEDC-18209209 Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Charles Machadio, Daniel Kane, Jr, Andrew Roy, Anthony Rosa, Myra Gordon, Vincent Pacifico. (Braverman, Marc) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Proposed Summons A&J,
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Att: 3
Proposed Summons 3J's,
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Att: 4
Proposed Summons Our Girls Trucking,
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Att: 5
Proposed Summons Our Girls,
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Att: 6
Proposed Summons WG,
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Att: 7
Proposed Summons T&G,
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Att: 8
Proposed Summons Tramutola,
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Att: 9
Proposed Summons Weiler,
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Att: 10
Proposed Summons Mary Traina,
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Att: 11
Proposed Summons Mario Traina,
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Att: 12
Proposed Summons Gerpe
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