Belardinelli et al v. Concepts in Staffing, Inc. et al
| New York Southern District Court | |
| Judge: | Katherine B Forrest |
| Case #: | 1:15-cv-04935 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:201 Fair Labor Standards Act |
| Case Filed: | Jun 24, 2015 |
| Terminated: | Jun 01, 2016 |
| Last checked: Monday Dec 21, 2015 9:17 AM EST |
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Counter Claimant
Concepts in Staffing, Inc.
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Represented By
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Counter Defendant
Concepts in Staffing, Inc.
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Represented By
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Counter Defendant
Mona Abrams
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Counter Defendant
Arthur Abrams
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Defendant
Arthur Abrams
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Defendant
Mona Abrams
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Defendant
Concepts in Staffing, Inc.
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Represented By
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Defendant
MONA ABRAMS
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Plaintiff
Matthew Belardinelli
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Represented By
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Plaintiff
Steven Spector
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Represented By
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Plaintiff
Charese McNeill
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Represented By
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Plaintiff
Leslie Linsner
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Represented By
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Plaintiff
Arthur Krakowski
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Represented By
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Plaintiff
Amy Berwald Gaspari
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Represented By
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Plaintiff
Jeanine Fenton
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Represented By
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Plaintiff
Norman Dymbort
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Represented By
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Plaintiff
MATTHEW BELARDINELLI
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Represented By
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Plaintiff
AMY BERWALD GASPARI
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Represented By
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Plaintiff
NORMAN DYMBORT
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Represented By
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Plaintiff
JEANINE FENTON
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Represented By
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Plaintiff
STEVEN SPECTOR
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Represented By
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Plaintiff
CHARESE MCNEILL
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Represented By
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Plaintiff
LESLIE LINSNER
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Represented By
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Plaintiff
ARTHUR KRAKOWSKI
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Represented By
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| Docket last updated: 2 hours ago |
| Wednesday, August 10, 2016 | ||
| 37 | 37
order
Order on Motion for Conference
Wed 08/10 11:07 AM
ORDER denying35 Letter Motion for Conference. The Court is in receipt of plaintiffs' August 3, 2016 letter motion requesting a conference to facilitate implementation of the parties' settlement agreement approved by this Court on June 1, 2016 (ECF No. 35), as well as defendants' August 3, 2016 response (ECF No. 36). The Court does not have jurisdiction to enforce the settlement. "Such motions are essentially state-law contract claims to be litigated in the state courts." In re Am. Exp. Financial Advisors Secs. Litig., 672 F.3d 113, 134 (2d Cir. 2011). A federal court retains jurisdiction over a settlement that precedes a case's dismissal only "if the parties' obligation to comply with the terms of the settlement agreement had been made part of the order of dismissaleither by separate provision (such as a provision 'retaining jurisdiction' over the settlement agreement) or by incorporating the terms of the settlement agreement in the order." Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 381 (1994). "The judge's mere awareness and approval of the terms of the settlement agreement do not suffice to make them part of [her] order." Id. The Court has reviewed the June 1, 2016 order approving the proposed settlement as fair and reasonable. (ECF No. 34.) That order did not explicitly retain jurisdiction over the settlement or incorporate the terms of the settlement such that a failure to comply with the settlement amounted to a violation of the order. The Court therefore does not have jurisdiction to provide plaintiffs with the relief they request, and plaintiffs' letter motion is accordingly denied. The Clerk of Court is directed to terminate the motion at ECF No. 35. (Signed by Judge Katherine B. Forrest on 8/10/2016) (mro) |
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| Wednesday, August 03, 2016 | ||
| 36 | 36
misc
Letter
Wed 08/03 3:59 PM
COUNTER LETTER addressed to Judge Katherine B. Forrest from David C. Nevins, Esq. dated August 3, 2016 re: settlement. Document filed by Arthur Abrams.(Vogel, Bernard) |
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| 35 | 35
motion
Conference
Wed 08/03 1:16 PM
LETTER MOTION for Conference re:34 Order of Dismissal, addressed to Judge Katherine B. Forrest from Jason B. Klimpl dated August 3, 2016. Document filed by Matthew Belardinelli, Norman Dymbort, Jeanine Fenton, Amy Berwald Gaspari, Arthur Krakowski, Leslie Linsner, Charese McNeill, Steven Spector.(Klimpl, Jason) |
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| Wednesday, June 01, 2016 | ||
| 34 | 34
order
Order of Dismissal
Wed 06/01 12:27 PM
ORDER: Based on the foregoing, the Court has carefully reviewed the proposed settlement and finds that it is fair and reasonable. See Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). Accordingly, the settlement is APPROVED. The Clerk of Court is directed to terminate this action. (As further set forth in this Order) (Signed by Judge Katherine B. Forrest on 6/1/2016) (lmb) |
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| Friday, May 27, 2016 | ||
| 33 | 33
misc
Letter
Fri 05/27 1:16 PM
LETTER addressed to Judge Katherine B. Forrest from Jason B. Klimpl dated May 27, 2016 re: Detailed Hourly Breakdown. Document filed by Matthew Belardinelli, Norman Dymbort, Jeanine Fenton, Amy Berwald Gaspari, Arthur Krakowski, Leslie Linsner, Charese McNeill, Steven Spector.(Klimpl, Jason) |
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Att: 1
Exhibit A(Detailed timekeepers hourly rates, and time entries),
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Att: 2
Exhibit B(J. Klimpl's Attorney Bio)
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| Monday, May 23, 2016 | ||
| 32 | 32
order
Memo Endorsement
Mon 05/23 5:49 PM
MEMO ENDORSEMENT on re:30 Letter, filed by Amy Berwald Gaspari, Norman Dymbort, Arthur Krakowski, Jeanine Fenton, Leslie Linsner, Steven Spector, Charese McNeill, Matthew Belardinelli. ENDORSEMENT: The Court needs to see the detailed hourly breakdown for the fee request. Plaintiffs shall submit such breakdown by 5/27 along with the hourly rates of any time keepers. (Signed by Judge Katherine B. Forrest on 5/23/2016) (lmb) |
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| 31 | 31
misc
Settlement Agreement
Mon 05/23 1:50 PM
SETTLEMENT AGREEMENT with Proposed Stipulation of Dismissal and Affidavit in Support . Document filed by Matthew Belardinelli, Norman Dymbort, Jeanine Fenton, Amy Berwald Gaspari, Arthur Krakowski, Leslie Linsner, Charese McNeill, Steven Spector.(Klimpl, Jason) |
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| 30 | 30
misc
Letter
Mon 05/23 1:25 PM
LETTER addressed to Judge Katherine B. Forrest from Jason B. Klimpl dated May 23, 2016 re: Settlement Agreement. Document filed by Matthew Belardinelli, Norman Dymbort, Jeanine Fenton, Amy Berwald Gaspari, Arthur Krakowski, Leslie Linsner, Charese McNeill, Steven Spector.(Klimpl, Jason) |
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| Monday, May 16, 2016 | ||
| 29 | 29
order
Memo Endorsement
Tue 05/17 11:33 AM
MEMO ENDORSEMENT on re:28 Letter filed by Arthur Abrams. ENDORSEMENT: So ordered. (Signed by Judge Katherine B. Forrest on 5/16/2016) (lmb) |
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| Friday, May 13, 2016 | ||
| 28 | 28
misc
Letter
Fri 05/13 1:57 PM
LETTER addressed to Judge Katherine B. Forrest from Bernard Vogel, Esq. dated 5/13/16 re: adjournment. Document filed by Arthur Abrams.(Vogel, Bernard) |
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| Friday, April 15, 2016 | ||
| 27 | 27
order
Order 1 - Terminate Deadlines
Fri 04/15 8:25 AM
ORDER: On April 14, 2016, the parties informed the Court that they reached a settlement in principle. In light of that representation, it is hereby ORDERED that: 1. The parties shall, not later than Monday, May 16, 2016, submit any materials in support of the fairness of their settlement, including at least: a. An executed copy of the proposed settlement; and b. A breakdown of what portion of that settlement will go toward attorneys fees and the basis for those fees. 2. All other dates and deadlines are adjourned. (Signed by Judge Katherine B. Forrest on 4/15/2016) (lmb) |
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| Thursday, April 14, 2016 | ||
| 26 | 26
misc
Letter
Thu 04/14 6:01 PM
JOINT LETTER addressed to Judge Katherine B. Forrest from Jason B. Klimpl dated April 14, 2016 re: Status update. Document filed by Matthew Belardinelli, Norman Dymbort, Jeanine Fenton, Amy Berwald Gaspari, Arthur Krakowski, Leslie Linsner, Charese McNeill, Steven Spector.(Klimpl, Jason) |
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| Monday, March 14, 2016 | ||
| 25 | 25
order
Order 1 - Terminate Hearings
Mon 03/14 9:27 AM
ORDER: The telephonic status conference scheduled for April 15, 2016 at 9:30 a.m. is hereby ADJOURNED. Instead of the conference, the parties shall provide the Court with a short status letter setting out the progress in this matter not later than Friday, April 15, 2016. The status letter should update the Court as to the status of any discovery in this case and any settlement discussions. The parties may file a single joint letter or separate status letters. Any party may move for a telephonic conference. (Signed by Judge Katherine B. Forrest on 3/14/2016) (mro) |
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| Wednesday, December 09, 2015 | ||
| 24 | 24
order
Order ~Util - Set Hearings
Wed 12/09 2:45 PM
ORDER. As set forth during the telephonic status conference held on December 9, 2015, the next telephonic status conference is set for April 15, 2016 at 9:30 a.m. The parties shall call (212) 805-0139 on a single line at the time of the conference. SO ORDERED. (Telephone Conference set for 4/15/2016 at 09:30 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 12/9/2015) (adc) |
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| Tuesday, December 01, 2015 | ||
| 23 | 23
order
Order ~Util - Set Hearings
Tue 12/01 5:58 PM
ORDER: The telephonic status conference set for December 4, 2015 at 11:00 a.m. is hereby rescheduled to Wednesday, December 9, 2015 at 9:00 a.m. The parties shall call (212) 805-0139 on a single line at the time of the conference., ( Telephone Conference set for 12/9/2015 at 09:00 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 12/1/2015) (lmb) |
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| Thursday, October 08, 2015 | ||
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minutes
Telephone Conference
Thu 10/08 11:04 AM
Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Telephone Conference held on 10/8/2015. Settlement conference scheduled for March 21, 2016 at 10:00 a.m. (bh) |
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| Monday, October 05, 2015 | ||
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minutes
Telephone Conference
Mon 10/05 6:10 PM
Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Telephone Conference held on 10/5/2015. A follow up telephone conference is scheduled for October 8, 2015 at 9:30 a.m. (bh) |
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| Friday, September 18, 2015 | ||
| 22 | 22
answer
Answer to Amended Complaint
Fri 09/18 9:08 AM
ANSWER to16 Amended Complaint,. Document filed by Concepts in Staffing, Inc..(Vogel, Bernard) |
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| Wednesday, September 16, 2015 | ||
| 21 | 21
order
Order
Wed 09/16 4:04 PM
ORDER: The Court observes that defendants' response to plaintiffs' amended complaint (ECF No. 16) was due on September 14, 2015. The Court assumes that defendants do not intend to default in this proceeding. Defendant shall file a response to the amended complaint as soon as possible. (Signed by Judge Katherine B. Forrest on 9/16/2015) (kl) |
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| Wednesday, September 09, 2015 | ||
| 20 | 20
order
Scheduling Order
Thu 09/10 8:48 AM
SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. Trial will be before a jury. Only Plaintiffs request trial by jury. Trial in this matter shall commence on 7/25/16. Trial is anticipated to take 1 week. Motions due by 5/27/2016. Responses due by 6/17/2016. Replies due by 6/24/2016. Fact Discovery due by 5/2/2016. Final Pretrial Conference set for 7/20/2016 at 01:00 PM before Judge Katherine B. Forrest. Telephonic Status Conference set for 12/4/2015 at 11:00 AM before Judge Katherine B. Forrest. Pretrial Order due by 7/15/2016. (Signed by Judge Katherine B. Forrest on 9/9/2015) (lmb) |
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| 19 | 19
order
Order Referring Case to Magistrate Judge
Thu 09/10 8:40 AM
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Henry B. Pitman. (Signed by Judge Katherine B. Forrest on 9/9/2015) (lmb) |
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| Tuesday, September 08, 2015 | ||
| 18 | 18
misc
Pre-Conference Statement
Tue 09/08 3:51 PM
PRE-CONFERENCE STATEMENT re: Proposed Scheduling Order . Document filed by Matthew Belardinelli, Norman Dymbort, Jeanine Fenton, Amy Berwald Gaspari, Arthur Krakowski, Leslie Linsner, Charese McNeill, Steven Spector.(Klimpl, Jason) |
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| Friday, August 21, 2015 | ||
| 17 | 17
answer
Answer to Counterclaim
Fri 08/21 1:22 PM
ANSWER to15 Counterclaim. Document filed by Matthew Belardinelli, Norman Dymbort, Jeanine Fenton, Amy Berwald Gaspari, Arthur Krakowski, Leslie Linsner, Charese McNeill, Steven Spector.(Klimpl, Jason) |
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| 16 | 16
cmp
Amended Complaint
Fri 08/21 1:20 PM
AMENDED COMPLAINT amending1 Complaint, against Arthur Abrams, Mona Abrams, Concepts in Staffing, Inc. with JURY DEMAND.Document filed by Norman Dymbort, Matthew Belardinelli, Jeanine Fenton, Arthur Krakowski, Steven Spector, Amy Berwald Gaspari, Charese McNeill, Leslie Linsner. Related document:1 Complaint, filed by Amy Berwald Gaspari, Norman Dymbort, Arthur Krakowski, Jeanine Fenton, Leslie Linsner, Steven Spector, Charese McNeill, Matthew Belardinelli.(Klimpl, Jason) |
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| Friday, July 31, 2015 | ||
| 15 | 15
answer
Answer to Complaint Counterclaim
Fri 07/31 1:50 PM
ANSWER to Complaint., COUNTERCLAIM against All Defendants. Document filed by Concepts in Staffing, Inc..(Vogel, Bernard) |
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| Monday, July 27, 2015 | ||
| 14 | 14
order
Memo Endorsement ~Util - Terminate Motions ~Util - Set Hearings
Mon 07/27 6:19 PM
MEMO ENDORSEMENT on re:13 Response in Opposition to Motion, filed by Amy Berwald Gaspari, Norman Dymbort, Arthur Krakowski, Jeanine Fenton, Leslie Linsner, Steven Spector, Charese McNeill, Matthew Belardinelli. ENDORSEMENT: Conference rescheduled to 9/9/15 at 5pm, in person., Motions terminated:12 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Katherine B. Forrest from Bernard H. Vogel dated July 22, 2015.FIRST LETTER MOTION to Adjourn Conference addressed to Judge Katherine B. Forrest from Bernard H. Vogel dated July 22, 2015. filed by Concepts in Staffing, Inc., ( Initial Conference set for 9/9/2015 at 05:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 7/27/2015) (lmb) |
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| Thursday, July 23, 2015 | ||
| 13 | 13
respm
Response in Opposition to Motion
Thu 07/23 4:00 PM
LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine B. Forrest from JASON B. KLIMPL dated 07/23/2015 re:12 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Katherine B. Forrest from Bernard H. Vogel dated July 22, 2015.FIRST LETTER MOTION to Adjourn Conference addressed to Judge Katherine B. Forrest from Bernard H. Vogel dated July 22, 2015. . Document filed by Matthew Belardinelli, Norman Dymbort, Jeanine Fenton, Amy Berwald Gaspari, Arthur Krakowski, Leslie Linsner, Charese McNeill, Steven Spector. (Klimpl, Jason) |
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| 12 | 12
motion
Extension of Time to File Answer Adjourn Conference
Thu 07/23 10:07 AM
FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Katherine B. Forrest from Bernard H. Vogel dated July 22, 2015., FIRST LETTER MOTION to Adjourn Conference addressed to Judge Katherine B. Forrest from Bernard H. Vogel dated July 22, 2015.( Return Date set for 7/28/2015 at 02:00 PM.) Document filed by Concepts in Staffing, Inc..(Vogel, Bernard) |
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| Monday, July 13, 2015 | ||
| 11 | 11
service
Affidavit of Service Complaints
Mon 07/13 2:32 PM
AFFIDAVIT OF SERVICE of Summons and Complaint,. Concepts in Staffing, Inc. served on 7/6/2015, answer due 7/27/2015. Service was accepted by NANCY DOUGHERTY, an agent of the Secretary of State, of the State of New York. Document filed by Norman Dymbort; Matthew Belardinelli; Jeanine Fenton; Arthur Krakowski; Steven Spector; Amy Berwald Gaspari; Charese McNeill; Leslie Linsner. (Klimpl, Jason) |
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| Monday, June 29, 2015 | ||
| 10 | 10
order
Order for Initial Pretrial Conference
Mon 06/29 4:18 PM
ORDER: Initial Conference set for 7/28/2015 at 02:00 PM before Judge Katherine B. Forrest. (Signed by Judge Katherine B. Forrest on 6/29/2015) (kgo) |
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| Thursday, June 25, 2015 | ||
| 9 | 9
service
Summons Issued
Thu 06/25 4:45 PM
ELECTRONIC SUMMONS ISSUED as to Arthur Abrams. (rch) |
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| 8 | 8
service
Summons Issued
Thu 06/25 4:44 PM
ELECTRONIC SUMMONS ISSUED as to Concepts in Staffing, Inc.. (rch) |
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| 7 | 7
service
Summons Issued
Thu 06/25 4:43 PM
ELECTRONIC SUMMONS ISSUED as to Mona Abrams. (rch) |
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misc
Notice to Attorney Regarding Party Modification
Thu 06/25 4:34 PM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joel A. Klarreich. The party information for the following party/parties has been modified: Matthew Belardinelli, Norman Dymbort, Amy Berwald Gaspari, Jeanine Fenton, Arthur Krakowski, Leslie Linsner, Charese McNeill, Steven Spector, Mona Abrams. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (rch) |
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notice
Case Opening Initial Assignment Notice
Thu 06/25 4:48 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine B. Forrest. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:http://nysd.uscourts.gov/judges/District] . 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:http://nysd.uscourts.gov/ecf_filing.php] . (rch) |
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utility
Case Designation
Thu 06/25 4:48 PM
Magistrate Judge Henry B. Pitman is so designated. (rch) |
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utility
Case Designated ECF
Thu 06/25 4:48 PM
Case Designated ECF. (rch) |
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| Wednesday, June 24, 2015 | ||
| 5 | 5
service
Request for Issuance of Summons
Wed 06/24 6:53 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Arthur Abrams, re:1 Complaint,. Document filed by MATTHEW BELARDINELLI, NORMAN DYMBORT, JEANINE FENTON, AMY BERWALD GASPARI, ARTHUR KRAKOWSKI, LESLIE LINSNER, CHARESE MCNEILL, STEVEN SPECTOR. (Klarreich, Joel) |
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| 4 | 4
service
Request for Issuance of Summons
Wed 06/24 6:48 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Mona Abrams, re:1 Complaint,. Document filed by MATTHEW BELARDINELLI, NORMAN DYMBORT, JEANINE FENTON, AMY BERWALD GASPARI, ARTHUR KRAKOWSKI, LESLIE LINSNER, CHARESE MCNEILL, STEVEN SPECTOR. (Klarreich, Joel) |
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| 3 | 3
service
Request for Issuance of Summons
Wed 06/24 6:44 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Concepts in Staffing, Inc., re:1 Complaint,. Document filed by MATTHEW BELARDINELLI, NORMAN DYMBORT, JEANINE FENTON, AMY BERWALD GASPARI, ARTHUR KRAKOWSKI, LESLIE LINSNER, CHARESE MCNEILL, STEVEN SPECTOR. (Klarreich, Joel) |
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| 2 | 2
misc
Civil Cover Sheet
Wed 06/24 4:04 PM
CIVIL COVER SHEET filed. (Klarreich, Joel) |
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| 1 | 1
cmp
Complaint
Wed 06/24 3:38 PM
COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number 0208-11075339)Document filed by LESLIE LINSNER, AMY BERWALD GASPARI, CHARESE MCNEILL, NORMAN DYMBORT, STEVEN SPECTOR, MATTHEW BELARDINELLI, JEANINE FENTON, ARTHUR KRAKOWSKI.(Klarreich, Joel) |
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