Devery v. Excellent Home Care Services, LLC et al

New York Southern District Court
Judge:	William H Pauley, III
Case #:	1:15-cv-07872
Nature of Suit	710 Labor - Fair Labor Standards Act
Cause	29:207fl FLSA: Maximum Hours

Case Filed:	Oct 05, 2015
Terminated:	May 20, 2016

Docket
Parties (4)

Last checked: Saturday Apr 02, 2016 6:30 AM EDT

Defendant Excellent Home Care Services, LLC 503 Berry Street Brooklyn, NY 11249	Represented By Marc Illish Barry R. Feerst & Associates contact info
Defendant Joseph Goldberger 503 Berry Street Brooklyn, NY 11249	Represented By Marc Illish Barry R. Feerst & Associates contact info
Defendant Ryfkie Goldberger 503 Berry Street Brooklyn, NY 11249	Represented By Marc Illish Barry R. Feerst & Associates contact info
Plaintiff Michael Devery 1533 MAyflower Ave Bronx, NY 10461	Represented By Robert Allen Meister contact info

Docket last updated: 3 hours ago

Friday, May 20, 2016
37		37 order Memo Endorsement Mon 05/23 10:58 AM MEMO ENDORSEMENT on re:35 MOTION to Dismiss Claims by Plaintiff filed by Michael Devery. ENDORSEMENT: The Clerk of Court is directed to close all pending motions and mark this case as closed. (Signed by Judge William H. Pauley, III on 5/20/2016) (tn) Related: [-]
36		36 order Order of Discontinuance Mon 05/23 10:45 AM ORDER OF DISCONTINUANCE: Plaintiff having moved to dismiss his claims and there being no counterclaim, pursuant to Federal Rule of Civil Procedure 41(a)(2), this action is hereby discontinued without prejudice and without costs to any party. (Signed by Judge William H. Pauley, III on 5/20/2016) (tn) Related: [-]
Thursday, May 19, 2016
35		35 motion Dismiss Thu 05/19 11:36 AM MOTION to Dismiss Claims by Plaintiff . Document filed by Michael Devery. Responses due by 6/2/2016(Meister, Robert) Related: [-]
		Att: 1 Affidavit Supporting Motion to Discontinue,
		Att: 2 1 pgs Text of Proposed Order
Wednesday, April 13, 2016
34		34 order Memo Endorsement ~Util - Set Hearings Thu 04/14 6:49 AM MEMO ENDORSEMENT on re:33 Letter filed by Michael Devery. ENDORSEMENT: Application granted. The parties shall submit a joint pre-trial order by July 21, 2016. The final pre-trial conference remains scheduled for July 22, 2016 at 11:00 a.m. ( Final Pretrial Conference set for 7/22/2016 at 11:00 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 4/13/2016) (mro) Related: [-]
		utility Set/Reset Deadlines Thu 04/14 6:50 AM Set/Reset Deadlines: Pretrial Order due by 7/21/2016. (mro) Related: [-]
Wednesday, April 06, 2016
33		33 misc Letter Wed 04/06 11:54 AM LETTER addressed to Judge William H. Pauley, III from Robert A. Meister, Esq. dated April 6, 2016 re: Schedule for PTO and Final Pretrial Conference. Document filed by Michael Devery.(Meister, Robert) Related: [-]
Friday, April 01, 2016
32		32 order Memo Endorsement ~Util - Set Deadlines/Hearings Mon 04/04 6:52 AM MEMO ENDORSEMENT on re:31 Letter filed by Michael Devery. ENDORSEMENT: Defendants shall produce any requested documents by May 6, 2016. The deadline for all fact discovery is extended to June 30, 2016. The parties shall file a joint pre-trial order by July 18, 2016. The parties shall appear for a final pre-trial conference on July 22, 2016 at 11:00 a.m. The parties are reminded of their obligations to meet and confer in good faith and avoid personal quarrels over ECF. ( Fact Discovery due by 6/30/2016., Pretrial Order due by 7/18/2016., Final Pretrial Conference set for 7/22/2016 at 11:00 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 4/1/2016) (mro) Related: [-]
Tuesday, March 29, 2016
31		31 misc Letter Tue 03/29 12:45 PM LETTER addressed to Judge William H. Pauley, III from JOINT dated MaRCH 29, 2016 re: Discovery issue. Document filed by Michael Devery.(Meister, Robert) Related: [-]
Thursday, March 24, 2016
30		30 order Memo Endorsement ~Util - Set Deadlines/Hearings Fri 03/25 8:54 AM MEMO ENDORSEMENT on re:28 Letter filed by Michael Devery. ENDORSEMENT: The parties are directed to cease sparring over ECF and comply with this Court's individual practices, which require discovery disputes to be submitted for resolution in a joint letter. See Individual Practices III(A)(iv). SO ORDERED. (Signed by Judge William H. Pauley, III on 3/24/2016) (ama) Related: [-]
29		29 misc Letter Thu 03/24 1:18 PM SECOND LETTER addressed to Judge William H. Pauley, III from ALHAM USMAN dated March 24, 2016 re: RESPONSE TO PLAINTIFF'S LETTER DATED MARCH 23, 2016. Document filed by Excellent Home Care Services, LLC, Joseph Goldberger, Ryfkie Goldberger.(Illish, Marc) Related: [-]
Wednesday, March 23, 2016
28		28 misc Letter Wed 03/23 3:23 PM LETTER addressed to Judge William H. Pauley, III from Robert A. Meister, Esq. dated March 23, 2016 re: Discovery issue. Document filed by Michael Devery.(Meister, Robert) Related: [-]
27		27 misc Letter Wed 03/23 2:05 PM LETTER addressed to Judge William H. Pauley, III from ALHAM USMAN dated MARCH 23, 2016 re: RESPONSE TO PLAINTIFF'S LETTER DATED MARCH 22, 2016. Document filed by Excellent Home Care Services, LLC, Joseph Goldberger, Ryfkie Goldberger.(Illish, Marc) Related: [-]
Tuesday, March 22, 2016
26		26 misc Letter Tue 03/22 5:10 PM LETTER addressed to Judge William H. Pauley, III from Robert A. Meister, Esq. dated March 22, 2016 re: Discovery issue. Document filed by Michael Devery.(Meister, Robert) Related: [-]
Thursday, March 10, 2016
		minutes Settlement Conference Thu 03/10 3:48 PM Minute Entry for proceedings held before Magistrate Judge Andrew J. Peck: Settlement Conference held on 3/10/2016. Did not settle. (Gray, Diane) Related: [-]
Thursday, February 25, 2016
25		25 discov Interrogatories Thu 02/25 4:57 PM FIRST SET OF INTERROGATORIES to Defendants.Document filed by Michael Devery.(Meister, Robert) Related: [-]
24		24 4 pgs discov Rule 26 Disclosure Thu 02/25 4:53 PM RULE 26 DISCLOSURE.Document filed by Michael Devery.(Meister, Robert) Related: [-]
Wednesday, February 17, 2016
23		23 order Order ~Util - Set Hearings Wed 02/17 3:43 PM ORDER FOR SETTLEMENT CONFERENCE: Settlement Conference set for 3/10/2016 at 02:00 PM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Andrew J. Peck. Counsel attending the conference must have full settlement authority and their client(s) must be present at the conference, as must a representative of the client's insurance company where the decision to settle and/or amount of settlement must be approved by the insurance company. Counsel shall provide a confidential settlement memorandum to my chambers. The memorandum shall not be filed with the Clerk of the Court nor provided to opposing counsel. The memorandum should explain the factual and legal background of the case as it impacts on settlement negotiations; the status of prior settlement discussions between the parties; and the party's settlement proposal (range). See Order. (Signed by Magistrate Judge Andrew J. Peck on 2/17/2016) (tn) Related: [-]
Thursday, February 11, 2016
22		22 order Scheduling Order Tue 02/16 11:00 AM SCHEDULING ORDER: The parties having appeared for an initial pre-trial conference on February 11, 2016, this Court adopts the following schedule: All Discovery due by 5/31/2016. Joint Pretrial Order due by 6/16/2016 by 4:00 p.m.Final Pretrial Conference set for 6/17/2016 at 10:00 AM before Judge William H. Pauley III. Jury Selection set for 6/20/2016 at 09:30AM before Judge William H. Pauley III. Jury Trial set for 6/20/2016 at 09:30 AM before Judge William H. Pauley III. SO ORDERED. (Signed by Judge William H. Pauley, III on 2/11/2016) Copies Sent By Chambers. (ama) Related: [-]
21		21 order Order Referring Case to Magistrate Judge Tue 02/16 10:48 AM ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Andrew J. Peck. SO ORDERED. (Signed by Judge William H. Pauley, III on 2/11/2016) Copies Mailed By Chambers. (ama) Related: [-]
Monday, February 08, 2016
20		20 misc Letter Mon 02/08 3:43 PM LETTER addressed to Judge William H. Pauley, III from Robert A. Meister, Esq. dated February 8, 2016 re: Revised 26(f) report. Document filed by Michael Devery.(Meister, Robert) Related: [-]
Wednesday, January 27, 2016
19		19 order Memo Endorsement ~Util - Set Hearings Wed 01/27 6:26 PM MEMO ENDORSEMENT on re:18 Letter filed by Michael Devery. ENDORSEMENT: The initial pre-trial conference is adjourned to February 11, 2016 at 2:30 p.m. (Initial Conference set for 2/11/2016 at 02:30 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 1/27/2016) (tn) Related: [-]
18		18 misc Letter Wed 01/27 3:12 PM LETTER addressed to Judge William H. Pauley, III from Robert A. Meister, Esq. dated January 27, 2016 re: Rescheduling Initial Conference. Document filed by Michael Devery.(Meister, Robert) Related: [-]
Monday, November 30, 2015
17		17 misc Rule 7.1 Corporate Disclosure Statement Mon 11/30 1:52 PM RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Excellent Home Care Services, LLC.(Illish, Marc) Related: [-]
16		16 answer Answer to Complaint Mon 11/30 1:51 PM ANSWER to1 Complaint. Document filed by Excellent Home Care Services, LLC, Joseph Goldberger, Ryfkie Goldberger.(Illish, Marc) Related: [-]
15		15 notice Notice of Appearance Mon 11/30 1:27 PM NOTICE OF APPEARANCE by Marc Illish on behalf of Excellent Home Care Services, LLC, Joseph Goldberger, Ryfkie Goldberger. (Illish, Marc) Related: [-]
Thursday, November 12, 2015
14		14 order Memo Endorsement ~Util - Set Hearings Thu 11/12 9:42 AM MEMO ENDORSEMENT on re:10 Letter filed by Michael Devery. ENDORSEMENT: Application granted. The initial pre-trial conference previously scheduled for January 8, 2016 is adjourned to January 29, 2016 at 10:30 a.m. (Initial Conference set for 1/29/2016 at 10:30 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 11/12/2015) (tn) Related: [-]
Monday, November 09, 2015
13		13 service Affidavit of Service Complaints Mon 11/09 5:03 PM AFFIDAVIT OF SERVICE of Summons and Complaint. Ryfkie Goldberger served on 11/3/2015, answer due 11/24/2015. Service was accepted by Crystal. Document filed by Michael Devery. (Meister, Robert) Related: [-]
12		12 service Affidavit of Service Complaints Mon 11/09 5:02 PM AFFIDAVIT OF SERVICE of Summons and Complaint. Joseph Goldberger served on 11/3/2015, answer due 11/24/2015. Service was accepted by Joseph Goldberger. Document filed by Michael Devery. (Meister, Robert) Related: [-]
11		11 service Affidavit of Service Complaints Mon 11/09 5:00 PM AFFIDAVIT OF SERVICE of Summons and Complaint. Excellent Home Care Services, LLC served on 11/3/2015, answer due 11/24/2015. Service was accepted by Crystal. Document filed by Michael Devery. (Meister, Robert) Related: [-]
10		10 misc Letter Mon 11/09 12:38 PM LETTER addressed to Judge William H. Pauley, III from Robert A. Meister, Esq. dated November 9, 2015 re: Adjournment of Initial Conference. Document filed by Michael Devery.(Meister, Robert) Related: [-]
Monday, October 19, 2015
9		9 order Order for Initial Pretrial Conference Mon 10/19 11:15 AM ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/8/2016 at 10:30 AM in Courtroom 20B at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007 before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 10/19/2015) (mro) Related: [-]
Thursday, October 08, 2015
8		8 service Summons Issued Thu 10/08 3:17 PM ELECTRONIC SUMMONS ISSUED as to Ryfkie Goldberger. (dgo) Related: [-]
7		7 service Summons Issued Thu 10/08 3:13 PM ELECTRONIC SUMMONS ISSUED as to Joseph Goldberger. (dgo) Related: [-]
6		6 service Summons Issued Thu 10/08 3:11 PM ELECTRONIC SUMMONS ISSUED as to Excellent Home Care Services, LLC. (dgo) Related: [-]
Wednesday, October 07, 2015
5		5 service Request for Issuance of Summons Wed 10/07 1:35 PM REQUEST FOR ISSUANCE OF SUMMONS as to Ryfkie Goldberger, re:1 Complaint. Document filed by Michael Devery. (Meister, Robert) Related: [-]
4		4 service Request for Issuance of Summons Wed 10/07 1:34 PM REQUEST FOR ISSUANCE OF SUMMONS as to Joseph Goldberger, re:1 Complaint. Document filed by Michael Devery. (Meister, Robert) Related: [-]
3		3 service Request for Issuance of Summons Wed 10/07 1:33 PM REQUEST FOR ISSUANCE OF SUMMONS as to Excellent Home Care Services, LLC, re:1 Complaint. Document filed by Michael Devery. (Meister, Robert) Related: [-]
2		2 misc Civil Cover Sheet Wed 10/07 12:59 PM CIVIL COVER SHEET filed. (Meister, Robert) Related: [-]
Tuesday, October 06, 2015
		misc Notice to Attorney Regarding Party Modification Tue 10/06 10:50 AM ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Robert Allen Meister. The party information for the following party/parties has been modified: Michael Devery, Ryfkie Goldberger, Joseph Goldberger. The information for the party/parties has been modified for the following reason/reasons: addresses included. (rch) Related: [-]
		misc Notice to Attorney to Submit/File Civil Cover Sheet Tue 10/06 10:52 AM ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Robert Allen Meister. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (rch) Related: [-]
		notice Case Opening Initial Assignment Notice Tue 10/06 10:54 AM CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge William H. Pauley, III. 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) Related: [-]
		utility Case Designation Tue 10/06 10:54 AM Magistrate Judge Andrew J. Peck is so designated. (rch) Related: [-]
		utility Case Designated ECF Tue 10/06 10:54 AM Case Designated ECF. (rch) Related: [-]
Monday, October 05, 2015
1		1 7 pgs cmp Complaint Mon 10/05 5:57 PM COMPLAINT against Excellent Home Care Services, LLC, Joseph Goldberger, Ryfkie Goldberger. (Filing Fee $ 400.00, Receipt Number 0208-11471455)Document filed by Michael Devery.(Meister, Robert) Related: [-]

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