Smalt v. CMS-NY/PA, LLC
| New York Northern District Court | |
| Judge: | Anthony J Brindisi |
| Referred: | Miroslav Lovric |
| Case #: | 3:24-cv-01441 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:201 Fair Labor Standards Act |
| Case Filed: | Nov 27, 2024 |
| Last checked: Monday May 26, 2025 4:25 AM EDT |
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Defendant
CMS-NY/PA, LLC
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Represented By
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Defendant
Clifford Milowicki
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Represented By
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Defendant
Kristen Milowicki
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Represented By
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Mediator (Mandatory Program)
Stan Matusz
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Represented By
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Plaintiff
Stacy Smalt
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Represented By
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Plaintiff
Jacqueline Geist
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Represented By
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Plaintiff
Victoria Walter
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Represented By
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| Docket last updated: 12 hours ago |
| Friday, May 30, 2025 | ||
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utility
Set Deadlines/Hearings
Fri 05/30 1:49 PM
Reset Deadlines: Dispositive Motions to be filed by 6/30/2026. (jdc) |
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| Wednesday, May 14, 2025 | ||
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misc
Clerk Correction of Docket Entry
Wed 05/14 8:48 AM
CLERK'S CORRECTION OF DOCKET ENTRY: The Clerk has replaced the Uniform Pretrial Scheduling Order to reflect the correct years for which the expert deadlines are to be completed. The clerk also corrected the docket entry for the Uniform Pretrial Scheduling order to reflect the correct year of the Dispositive Motions Deadline. (jdc ) |
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| Tuesday, May 13, 2025 | ||
| 23 | 23
2
pgs
order
Order Referring Case to Mandatory Mediation
Tue 05/13 1:07 PM
ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 6/10/2025. Deadline for completion of Mandatory Mediation is 7/31/2025. Signed by Magistrate Judge Miroslav Lovric on 5/13/2025. (jdc ) |
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| 22 | 22
18
pgs
order
Uniform Pretrial Scheduling Order
Tue 05/13 1:06 PM
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 5. Preferred Trial Location: Syracuse. Joinder of Parties due by 7/31/2025. Amended Pleadings due by 7/31/2025. Discovery due by 4/30/2026. Plaintiffs Expert Disclosure Deadline is 1/30/2026. Defendants Expert Disclosure Deadline is 3/16/2026. Rebuttal Expert Disclosure Deadline is 3/31/2026. Motions to be filed by 6/30/2025. Conditional Certification Motion due by 9/30/2025. Class Certification Motion due by 2/27/2026. Signed by Magistrate Judge Miroslav Lovric on 5/13/2025. (jdc ) |
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| 21 | 21
order
Order ~Util - Set Deadlines
Tue 05/13 12:52 PM
TEXT ORDER: On or before 6/30/2025, the parties shall file status reports regarding the progress of the litigation. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 5/13/2025.(jdc ) |
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| 20 | 20
adr
Stipulation Selecting Mediator
Tue 05/13 11:21 AM
STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Stan Matusz has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Dawn J Lanouette and Mathew Carlson. Dated: 5/13/25(Lanouette, Dawn) |
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minutes
Pretrial Conference - Initial
Tue 05/13 12:41 PM
Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: an initial conference was held on 5/13/2025. Pretrial deadlines were discussed and set. Appearances: M. Carlson, Esq. for the Plaintiffs and D. Lanouette, Esq. for the Defendants. (jdc ) |
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utility
Set Deadlines/Hearings
Tue 05/13 1:09 PM
Set Deadlines: Conditional Certification Motions due by 9/30/2025. (jdc ) |
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| Tuesday, May 06, 2025 | ||
| 19 | 19
8
pgs
misc
Civil Case Management Plan
Tue 05/06 10:09 AM
CIVIL CASE MANAGEMENT PLAN by CMS-NY/PA, LLC, Clifford Milowicki, Kristen Milowicki. (Lanouette, Dawn) |
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| Monday, April 21, 2025 | ||
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notice
Notice of Hearing
Mon 04/21 11:15 AM
NOTICE of Hearing: An Initial Conference is set for 5/13/2025 at 11:00 AM before Magistrate Judge Miroslav Lovric and will be held via Microsoft Teams Teleconferencing. The Courtroom Deputy will send a teams link to the parties to participate. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/6/2025. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (jdc ) |
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| Friday, April 18, 2025 | ||
| 18 | 18
service
Certificate of Service
Fri 04/18 2:37 PM
CERTIFICATE OF SERVICE by CMS-NY/PA, LLC, Clifford Milowicki, Kristen Milowicki re17 Answer to Amended Complaint (Lanouette, Dawn) |
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| 17 | 17
14
pgs
answer
Answer to Amended Complaint
Fri 04/18 2:34 PM
ANSWER to11 Amended Complaint by CMS-NY/PA, LLC, Clifford Milowicki, Kristen Milowicki.(Lanouette, Dawn) |
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| Thursday, March 13, 2025 | ||
| 16 | 16
service
Certificate of Service
Thu 03/13 7:07 PM
CERTIFICATE OF SERVICE by Jacqueline Geist, Stacy Smalt, Victoria Walter (Service on Individual Defendants) (Carlson, Matthew) |
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| 15 | 15
2
pgs
order
Order on Letter Request
Thu 03/13 3:52 PM
ORDER granting14 Letter Request for an Extension of Time to respond to the Complaint. Defendant CMS-NY/PA, LLC is directed to respond to the Amended Complaint by 4/18/2025.Signed byy Magistrate Judge Miroslav Lovric on 3/13/2025. (jdc ) |
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| 14 | 14
2
pgs
motion
Letter Request/Motion
Thu 03/13 2:30 PM
Letter Motion from Dawn J Lanouette for CMS-NY/PA, LLC requesting Extension of time to answer or otherwise respond to the Complaint. submitted to Judge Lovric . (Lanouette, Dawn) |
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| Tuesday, March 04, 2025 | ||
| 13 | 13
2
pgs
service
Summons Issued
Tue 03/04 11:21 AM
Summons Issued as to Clifford Milowicki and Kristen Milowicki.(bas) |
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Att: 1
Summons
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utility
Set/Reset Answer Deadline
Tue 03/04 11:24 AM
***Answer due date updated for CMS-NY/PA, LLC answer due 3/18/2025. (bas) |
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| Saturday, March 01, 2025 | ||
| 12 | 12
5
pgs
notice
Notice - Other
Sat 03/01 1:49 PM
NOTICE by Stacy Smalt of Filing Opt-In Consent Forms (Carlson, Matthew) |
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| Friday, February 28, 2025 | ||
| 11 | 11
28
pgs
cmp
Amended Complaint
Fri 02/28 10:56 PM
AMENDED COMPLAINT against CMS-NY/PA, LLC filed by Stacy Smalt.(Carlson, Matthew) |
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| Friday, February 21, 2025 | ||
| 10 | 10
2
pgs
order
Order on Letter Request
Fri 02/21 9:17 AM
ORDER granting9 Stipulation for the extension of Plaintiff to file an Amended Complaint is extended to February 28, 2025; the February 26, 2025, Rule 16 Initial Conference is STAYED without date; and Defendant's response to the Amended Complaint is now due to be filed by March 18, 2025. Signed by Magistrate Judge Miroslav Lovric on 2/21/2025. (jdc ) |
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| Friday, February 14, 2025 | ||
| 9 | 9
1
pgs
motion
Letter Request/Motion
Fri 02/14 8:26 AM
Letter Motion from Dawn J Lanouette for CMS-NY/PA, LLC requesting Entry of Stipulation extending time for Amended Complaint and Answer and adjourning Rule 16 Conference. submitted to Judge Lovric .(Lanouette, Dawn) |
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Att: 1
Stipulation of Parties
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| Friday, January 24, 2025 | ||
| 8 | 8
service
Affidavit of Service
Fri 01/24 3:18 PM
AFFIDAVIT of Service for Complaint, Summons, Cover Sheet, Consent to Join, Civil Case Assignment and Filing Order served on Kristen Milowicki on behalf of CMS-NY/PA, LLC on 1/23/25, filed by Stacy Smalt. (Carlson, Matthew) |
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utility
Set/Reset Answer Deadline
Fri 01/24 4:21 PM
***Answer due date updated for CMS-NY/PA, LLC answer due 2/13/2025. (tll) |
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| Thursday, January 02, 2025 | ||
| 7 | 7
order
Order Reassigning Case
Thu 01/02 11:34 AM
TEXT ORDER REASSIGNING CASE: Case reassigned to U.S. District Judge Anthony J. Brindisi for all further proceedings. Chief Judge Brenda K. Sannes no longer assigned to case. SO ORDERED by Chief Judge Brenda K. Sannes on 1/2/2025. (ztc) |
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| Thursday, December 19, 2024 | ||
| 6 | 6
service
Summons Reissued
Thu 12/19 10:19 AM
Summons Reissued as to CMS-NY/PA, LLC. (ztc) |
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| Wednesday, December 18, 2024 | ||
| 5 | 5
service
Request for Issuance of Summons(es)
Wed 12/18 10:38 PM
REQUEST FOR ISSUANCE OF SUMMONS(ES): Stacy Smalt is requesting summons(es) be issued as to CMS-NY/PA, LLC (Carlson, Matthew) |
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| Monday, December 02, 2024 | ||
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notice
Notice - Other
Mon 12/02 8:46 AM
TEXT NOTICE: The Initial Conference set for 2/26/2025 at 1:30PM before Magistrate Judge Miroslav Lovric, will be held via Microsoft Teams Teleconferencing. The Courtroom Deputy will send a teams link to the parties to participate. (jdc ) |
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| Wednesday, November 27, 2024 | ||
| 4 | 4
service
Summons Issued
Wed 11/27 4:53 PM
Summons Issued as to CMS-NY/PA, LLC. (ztc) |
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| 3 | 3
service
Request for Issuance of Summons(es)
Wed 11/27 4:06 PM
REQUEST FOR ISSUANCE OF SUMMONS(ES): Stacy Smalt is requesting summons(es) be issued as to CMS-NY/PA, LLC (Carlson, Matthew) |
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| 2 | 2
misc
G.O. 25 Filing Order
Wed 11/27 3:03 PM
G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Conference set for 2/26/2025 at 01:30 PM before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 2/19/2025. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (ztc) |
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| 1 | 1
7
pgs
cmp
Complaint
Wed 11/27 3:02 PM
COMPLAINT with JURY DEMAND against CMS-NY/PA, LLC (Filing fee $405 receipt number ANYNDC-6947910) filed by Stacy Smalt.(ztc) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Exhibit- Consent to Join Collective Action
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misc
Text Notice of Filing Deficiency
Wed 11/27 3:05 PM
TEXT NOTICE OF FILING DEFICIENCY as to Stacy Smalt regarding the1 Complaint. NOTICE IS HEREBY GIVEN of the following Filing Deficiency: A Proposed Summons was not included with the Complaint. Counsel is directed to file a proposed summons on the docket using the REQUEST FOR ISSUANCE OF SUMMONS event within 3 days of this notice. Notice of Filing Deficiency Deadline 12/3/2024. (ztc) |
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