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 23 |
Filed: 4/13/2017, Entered: None |
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Minute Entry: Telephone Conference held on 4/13/2017 before Magistrate Judge Steven M. Gold. Schwartz for plaintiffs, Biissinger for defendant. Counsel report that continue to make significant progress toward settlement. Counsel will submit a written report on the status of their efforts to resolve the case, or a motion for approval and stipulation of settlement, by May 5, 2017. (Gillespie, Saudia) (Entered: 04/14/2017)
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| 17 |
Filed: 12/6/2016, Entered: None |
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Minute Entry: Initial Conference Hearing held on 12/6/2016 before Magistrate Judge Steven M. Gold. Schwartz for plaintiffs, Bissinger for defendant. Defendant will disclose a summary of relevant GPS data by January 10, 2017. The parties will then confer and submit a joint letter by February 10, 2017 reporting that the case is settled, seeking court-annexed mediation, or reporting that a settlement is not possible and proposing a case management schedule. (Gillespie, Saudia) (Entered: 12/07/2016)
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Filed: 8/9/2017, Entered: None |
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Case no longer referred to Magistrate Judge Steven M. Gold. (Manson, Eddie)
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Filed: 8/9/2017, Entered: None |
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ORDER re 27 Letter filed by HomeServe USA Corp.: I have reviewed the letter motion filed by plaintiffs dated August 7, 2017, Docket Entry 27, seeking approval of the settlement agreement reached by the parties. I have also reviewed the settlement agreement, Docket Entry 27-1. Finally, I held a telephone conference with counsel at which I reviewed the settlement terms with them. See Docket Entry 28. Having done so, I find that "the agreement reflects a reasonable compromise of disputed issues [rather] than a mere waiver of statutory rights brought about by an employer's overreaching." Le v. SITA Information Networking Computing, USA, Inc., 2008 WL 724155 (E.D.N.Y. Mar. 13, 2008)(internal quotations and citation omitted). See also Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). In reaching this conclusion, I have considered, among other things, (1) that the settlement amount provides plaintiffs with a recovery, net of attorney's fees, based upon GPS data demonstrating the actual hours they worked; (2) that counsel for plaintiffs is not seeking attorney's fees or reimbursement for costs because those are borne by plaintiffs' union; (3) that the release provided for in the agreement is limited in scope; and (4) that the settlement agreement does not impose a duty of confidentiality. The settlement is therefore approved, the proposed stipulation and order of dismissal with prejudice submitted as Docket Entry 21-3 is hereby approved and entered as an Order of the Court, and the Clerk is respectfully requested to close the case. Ordered by Magistrate Judge Steven M. Gold on 8/9/2017. (Gold, Steven)
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Filed: 8/8/2017, Entered: None |
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SCHEDULING ORDER: A telephone conference will be held today, August 8, 2017, at 10:30 a.m. before the undersigned. Counsel for all parties must participate. Counsel for defendant is directed to arrange the call with all parties as well as immediately confirm this conference date and time with plaintiffs' counsel. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge Steven M. Gold on 8/8/2017. (Pronley, Alyssa)
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Filed: 7/7/2017, Entered: None |
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STATUS REPORT ORDER: Counsel shall file an updated joint status report letter by August 11, 2017. Ordered by Magistrate Judge Steven M. Gold on 7/7/2017. (Gillespie, Saudia)
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Filed: 6/7/2017, Entered: None |
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STATUS REPORT ORDER: Counsel shall file an updated joint status report letter by July 6, 2017. Ordered by Magistrate Judge Steven M. Gold on 6/7/2017. (Gillespie, Saudia)
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Filed: 5/5/2017, Entered: None |
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STATUS REPORT ORDER: Counsel shall file an updated joint status report by June 6, 2017. Ordered by Magistrate Judge Steven M. Gold on 5/5/2017. (Gillespie, Saudia)
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Filed: 4/6/2017, Entered: None |
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SCHEDULING ORDER: A telephone conference will be held at 4:30 p.m. on April 13, 2017 before the undersigned. Counsel for all parties must participate. Counsel for plaintiff is directed to arrange the call with all parties as well as immediately confirm this conference date and time with defendant's counsel. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge Steven M. Gold on 4/6/2017. (Gillespie, Saudia)
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Filed: 3/1/2017, Entered: None |
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STATUS REPORT ORDER: Counsel shall file an updated joint status report letter by March 31, 2017. Ordered by Magistrate Judge Steven M. Gold on 3/1/2017. (Gillespie, Saudia)
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Filed: 2/15/2017, Entered: None |
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STATUS REPORT ORDER: Counsel shall file an updated joint status report letter by March 1, 2017. Ordered by Magistrate Judge Steven M. Gold on 2/15/2017. (Gillespie, Saudia)
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Filed: 1/20/2017, Entered: None |
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ORDER: GRANTING 19 Motion to Withdraw as Attorney. Attorney Arielle B. Sepulveda terminated. Ordered by Magistrate Judge Steven M. Gold on 1/20/2017. (Gillespie, Saudia)
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Filed: 1/11/2017, Entered: None |
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STATUS REPORT ORDER: Counsel shall file a joint letter reporting on the progress of any ongoing settlement discussions and indicating whether they seek a settlement conference or court-annexed mediation by February 13, 2017. Ordered by Magistrate Judge Steven M. Gold on 1/11/2017. (Gillespie, Saudia)
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Filed: 11/1/2016, Entered: None |
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ORDER: 12 Motion for Leave to Appear Pro Hac Vice is hereby GRANTED. Attorney Michael T. Bissinger shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office. Ordered by Magistrate Judge Steven M. Gold on 11/1/2016. (Gillespie, Saudia) Modified on 11/1/2016 (Gillespie, Saudia).
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Filed: 11/1/2016, Entered: None |
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ORDER: 13 Motion for Leave to Appear Pro Hac Vice is hereby GRANTED. Attorney Arielle B. Sepulveda shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office. Ordered by Magistrate Judge Steven M. Gold on 11/1/2016. (Gillespie, Saudia)
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Filed: 8/17/2016, Entered: None |
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Case assigned to Judge Roslynn R. Mauskopf and Magistrate Judge Steven M. Gold. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla)
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Filed: 8/16/2016, Entered: None |
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NOTICE - the Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Counsel is directed to answer all questions in NY-E Division of Business Rule 50.1(d)(2) section on the second page. A complete document is found under the event Proposed Summons/Civil Cover Sheet. (Bowens, Priscilla)
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| 30 |
Filed: 8/9/2017, Entered: 8/9/2017 |
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CONSENT to Jurisdiction by US Magistrate Judge Case reassigned to Magistrate Judge Steven M. Gold for all further proceedings. Judge Roslynn R. Mauskopf no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Manson, Eddie)
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| 29 |
Filed: 8/8/2017, Entered: 8/8/2017 |
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CONSENT to Jurisdiction by US Magistrate Judge by 0A24F65. (Schwartz, Arthur)
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Request |
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| 28 |
Filed: 8/8/2017, Entered: 8/8/2017 |
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Minute Entry: Telephone Conference held on 8/8/2017 before Magistrate Judge Steven M. Gold: Schwartz for plaintiffs, Bissinger for defendants. Settlement terms reviewed. Counsel will consider consenting to reassignment of this action to the undersigned magistrate judge for all purposes, and file a consent form or a letter requesting a report and recommendation on their joint motion for approval of their settlement once they have reached a decision. (Tape #10:35-10:44.) (Kaufman, Zachary)
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| 27 |
Filed: 8/7/2017, Entered: 8/7/2017 |
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Letter to Hon. Steven Gold re: Settlement by HomeServe USA Corp. (Attachments: # 1 Exhibit #1, # 2 Exhibit #2, # 3 Exhibit #3) (Bissinger, Michael)
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| 26 |
Filed: 7/7/2017, Entered: 7/7/2017 |
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Letter to Hon. Steven Gold re Settlement Status by HomeServe USA Corp. (Bissinger, Michael)
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Request |
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| 25 |
Filed: 6/6/2017, Entered: 6/6/2017 |
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Letter to Hon. Steven Gold re: settlement status by HomeServe USA Corp. (Bissinger, Michael)
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Request |
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| 24 |
Filed: 5/5/2017, Entered: 5/5/2017 |
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Letter to Judge Gold re: Status Update on Settlement Negotiations by HomeServe USA Corp. (Bissinger, Michael)
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Request |
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| 23 |
Filed: 4/13/2017, Entered: 4/14/2017 |
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Minute Entry: Telephone Conference held on 4/13/2017 before Magistrate Judge Steven M. Gold. Schwartz for plaintiffs, Biissinger for defendant. Counsel report that continue to make significant progress toward settlement. Counsel will submit a written report on the status of their efforts to resolve the case, or a motion for approval and stipulation of settlement, by May 5, 2017. (Gillespie, Saudia)
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| 22 |
Filed: 3/1/2017, Entered: 3/1/2017 |
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Letter Update on Confidential Settlement Negotiations by HomeServe USA Corp. (Bissinger, Michael)
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Request |
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| 21 |
Filed: 2/27/2017, Entered: 2/27/2017 |
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NOTICE by HomeServe USA Corp. Notice of Withdrawal of Kevin J. Skelly (Skelly, Kevin)
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Request |
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| 20 |
Filed: 2/13/2017, Entered: 2/13/2017 |
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Letter update regarding the parties' settlement discussions by HomeServe USA Corp. (Bissinger, Michael)
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Request |
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| 19 |
Filed: 1/20/2017, Entered: 1/20/2017 |
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MOTION to Withdraw as Attorney by HomeServe USA Corp.. (Sepulveda, Arielle)
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Request |
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| 18 |
Filed: 1/10/2017, Entered: 1/10/2017 |
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Letter regarding status of settlement negotiations by HomeServe USA Corp. (Bissinger, Michael)
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Request |
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| 17 |
Filed: 12/6/2016, Entered: 12/7/2016 |
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Minute Entry: Initial Conference Hearing held on 12/6/2016 before Magistrate Judge Steven M. Gold. Schwartz for plaintiffs, Bissinger for defendant. Defendant will disclose a summary of relevant GPS data by January 10, 2017. The parties will then confer and submit a joint letter by February 10, 2017 reporting that the case is settled, seeking court-annexed mediation, or reporting that a settlement is not possible and proposing a case management schedule. (Gillespie, Saudia)
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| 16 |
Filed: 11/14/2016, Entered: 11/14/2016 |
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NOTICE of Appearance by Arielle B. Sepulveda on behalf of HomeServe USA Corp. (aty to be noticed) (Sepulveda, Arielle)
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| 15 |
Filed: 11/10/2016, Entered: 11/10/2016 |
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AMENDED ANSWER to 1 Complaint,, by HomeServe USA Corp.. (Attachments: # 1 Certificate of Service) (Bissinger, Michael)
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| 14 |
Filed: 11/7/2016, Entered: 11/7/2016 |
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NOTICE of Appearance by Michael Bissinger on behalf of HomeServe USA Corp. (aty to be noticed) (Bissinger, Michael)
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Request |
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| 13 |
Filed: 10/28/2016, Entered: 10/28/2016 |
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MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9027416. by HomeServe USA Corp.. (Attachments: # 1 Affidavit of Arielle B. Sepulveda in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Proposed Order for Admission to Practice Pro Hac Vice, # 3 Certificate of Service) (Skelly, Kevin)
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| 12 |
Filed: 10/28/2016, Entered: 10/28/2016 |
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MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9027340. by HomeServe USA Corp.. (Attachments: # 1 Affidavit of Michael T. Bissinger in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Proposed Order for Admission to Practice Pro Hac Vice, # 3 Certificate of Service) (Skelly, Kevin)
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| 11 |
Filed: 10/20/2016, Entered: 10/20/2016 |
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Corporate Disclosure Statement by HomeServe USA Corp. identifying Corporate Parent HomeServe plc for HomeServe USA Corp.. (Skelly, Kevin)
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| 10 |
Filed: 10/20/2016, Entered: 10/20/2016 |
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ANSWER to 1 Complaint,, by HomeServe USA Corp.. (Attachments: # 1 Certificate of Service) (Skelly, Kevin)
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Request |
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| 9 |
Filed: 10/10/2016, Entered: 10/10/2016 |
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WAIVER OF SERVICE Returned Executed by 8CF634C, A286C42, 4595353, 73267D1, 2CC1566, 59DD37F, B1CA2FB, BACD160, 2AB98D0, DDF33AD, 0A24F65, D7B3279, FE032C4, B5BE605. HomeServe USA Corp. waiver sent on 8/21/2016, answer due 10/20/2016. (Schwartz, Arthur)
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| 8 |
Filed: 10/7/2016, Entered: 10/7/2016 |
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NOTICE of Appearance by Kevin John Skelly on behalf of HomeServe USA Corp. (aty to be noticed) (Skelly, Kevin)
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Request |
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| 7 |
Filed: 9/22/2016, Entered: 9/22/2016 |
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SUMMONS Returned Executed by 8CF634C, A286C42, 4595353, 73267D1, 2CC1566, 59DD37F, B1CA2FB, BACD160, 2AB98D0, DDF33AD, 0A24F65, D7B3279, FE032C4, B5BE605. HomeServe USA Corp. served on 8/29/2016, answer due 9/19/2016. (Schwartz, Arthur)
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| 6 |
Filed: 8/19/2016, Entered: 8/19/2016 |
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SCHEDULING ORDER: An in-person initial conference will be held at 10:00 a.m. on December 6, 2016 before the undersigned in Courtroom 13-D South. Counsel for all parties must attend. Counsel for plaintiff is directed to immediately confirm this conference date and time with defendant's counsel. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. So Ordered by Magistrate Judge Steven M. Gold on 8/19/2016. (Attachments: # 1 Chambers Individual Rules) (Gillespie, Saudia)
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| 5 |
Filed: 8/17/2016, Entered: 8/17/2016 |
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This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla)
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| 4 |
Filed: 8/17/2016, Entered: 8/17/2016 |
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In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the 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. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla)
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| 3 |
Filed: 8/17/2016, Entered: 8/17/2016 |
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Summons Issued as to All Defendants. (Bowens, Priscilla)
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| 2 |
Filed: 8/17/2016, Entered: 8/17/2016 |
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Civil Cover Sheet.. Re Notice (Other), by BACD160, 8CF634C, FE032C4, DDF33AD, 4595353, B1CA2FB, 0A24F65, 59DD37F, 2AB98D0, A286C42, 73267D1, B5BE605, D7B3279, 2CC1566 (Schwartz, Arthur)
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| 1 |
Filed: 8/16/2016, Entered: 8/16/2016 |
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COMPLAINT - COLLECTIVE AND CLASS ACTION against HomeServe USA Corp. filing fee $ 400, receipt number 0207-8842297 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by 8CF634C, A286C42, 4595353, 73267D1, 2CC1566, 59DD37F, B1CA2FB, BACD160, 2AB98D0, DDF33AD, 0A24F65, D7B3279, FE032C4, B5BE605. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons) (Schwartz, Arthur)
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