ORDER: Having reviewed Plaintiffs' letter dated August 1, 2016, it is ORDERED that the Order to Show Cause, ECF No. 31, is VACATED and the case is DISMISSED. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Analisa Torres on 8/1/2016) (kko) (Entered: 08/01/2016)
ORDER: Having reviewed Plaintiffs' letter dated August 1, 2016, it is ORDERED that the Order to Show Cause, ECF No. 31, is VACATED and the case is DISMISSED. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Analisa Torres on 8/1/2016) (kko) (Entered: 08/01/2016)
LETTER addressed to Judge Analisa Torres from Christian V. Cangiano dated August 1, 2016 re: withdraw the Order to Show Cause and mark matter dismissed against defendant Messineo. Document filed by Daryl Beattie.(Cangiano, Christian) (Entered: 08/01/2016)
LETTER addressed to Judge Analisa Torres from Christian V. Cangiano dated August 1, 2016 re: withdraw the Order to Show Cause and mark matter dismissed against defendant Messineo. Document filed by Daryl Beattie.(Cangiano, Christian) (Entered: 08/01/2016)
Vacated as per Judge's Order dated 8/1/2016, Doc. #33 ORDER TO SHOW CAUSE FOR DEFAULT JUDGMENT DUE TO DEFENDANT JAMES MESSINEO'S FAILURE TO ANSWER. It is ORDERED, that Defendant James Messineo show cause before a motion term of this Court before the Hon. Analisa Torres, U.S.D.J., at Courtroom 15D, United States Courthouse, 500 Pearl Street, in the City, County and State of New York, on 08/30, 2016, at 4:00 o'clock in the afternoon thereof, or as soon thereafter as counsel may be heard, why an order should not be issued pursuant to Rule 55 of the Federal Rules of Civil Procedure granting Plaintiff Daryl Beattie a default judgment against Defendant Messineo for failure to appear, answer or otherwise respond to the Complaint in this matter within the time specified by the Federal Rules, and as further set forth in this Order to Show Cause. So ordered. (Show Cause Hearing set for 8/30/2016 at 04:00 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres). (Signed by Judge Analisa Torres on 7/1/2016) (rjm) Modified on 8/1/2016 (kko). (Entered: 07/01/2016)
Vacated as per Judge's Order dated 8/1/2016, Doc. #33 ORDER TO SHOW CAUSE FOR DEFAULT JUDGMENT DUE TO DEFENDANT JAMES MESSINEO'S FAILURE TO ANSWER. It is ORDERED, that Defendant James Messineo show cause before a motion term of this Court before the Hon. Analisa Torres, U.S.D.J., at Courtroom 15D, United States Courthouse, 500 Pearl Street, in the City, County and State of New York, on 08/30, 2016, at 4:00 o'clock in the afternoon thereof, or as soon thereafter as counsel may be heard, why an order should not be issued pursuant to Rule 55 of the Federal Rules of Civil Procedure granting Plaintiff Daryl Beattie a default judgment against Defendant Messineo for failure to appear, answer or otherwise respond to the Complaint in this matter within the time specified by the Federal Rules, and as further set forth in this Order to Show Cause. So ordered. (Show Cause Hearing set for 8/30/2016 at 04:00 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres). (Signed by Judge Analisa Torres on 7/1/2016) (rjm) Modified on 8/1/2016 (kko). (Entered: 07/01/2016)
REQUEST TO ENTER DEFAULT against James Messineo, Request for Issuance of Clerk's Certificate of Defendant's Failure to Answer. Document filed by Daryl Beattie, Cory Singer, John Zimmerman. (Attachments: # 1 Affidavit Declaration of Christian V. Cangiano in Support of Request for Clerk's Certificate, # 2 Exhibit A - Affidavit of Service, # 3 Exhibit B - Clerk's Certificate)(Cangiano, Christian) (Entered: 06/29/2016)
REQUEST TO ENTER DEFAULT against James Messineo, Request for Issuance of Clerk's Certificate of Defendant's Failure to Answer. Document filed by Daryl Beattie, Cory Singer, John Zimmerman. (Attachments: # 1 Affidavit Declaration of Christian V. Cangiano in Support of Request for Clerk's Certificate, # 2 Exhibit A - Affidavit of Service, # 3 Exhibit B - Clerk's Certificate)(Cangiano, Christian) (Entered: 06/29/2016)
ORDER: By letter dated April 19, 2016, Plaintiffs reported that they intend to seek default judgment against Defendants, who have not yet appeared in this action. Plaintiffs have not taken any such action. By July 1, 2016, Plaintiffs shall either initiate default proceedings pursuant to Attachment A of this Court's Individual Rules in Civil Cases or submit a letter setting forth the reasons for their delay. If Plaintiffs fail to comply with this order, the case will be dismissed pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute. (Signed by Judge Analisa Torres on 6/17/2016) (kko) (Entered: 06/17/2016)
ORDER: By letter dated April 19, 2016, Plaintiffs reported that they intend to seek default judgment against Defendants, who have not yet appeared in this action. Plaintiffs have not taken any such action. By July 1, 2016, Plaintiffs shall either initiate default proceedings pursuant to Attachment A of this Court's Individual Rules in Civil Cases or submit a letter setting forth the reasons for their delay. If Plaintiffs fail to comply with this order, the case will be dismissed pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute. (Signed by Judge Analisa Torres on 6/17/2016) (kko) (Entered: 06/17/2016)
LETTER addressed to Judge Analisa Torres from Christian V. Cangiano dated April 19, 2016 re: Status update. Document filed by Daryl Beattie, Cory Singer, John Zimmerman.(Cangiano, Christian) (Entered: 04/19/2016)
LETTER addressed to Judge Analisa Torres from Christian V. Cangiano dated April 19, 2016 re: Status update. Document filed by Daryl Beattie, Cory Singer, John Zimmerman.(Cangiano, Christian) (Entered: 04/19/2016)
ORDER: By April 18, 2016, the parties shall submit a joint letter reporting the status of the case and proposing how the case should proceed. (Signed by Judge Analisa Torres on 4/13/2016) (cf) (Entered: 04/13/2016)
ORDER: By April 18, 2016, the parties shall submit a joint letter reporting the status of the case and proposing how the case should proceed. (Signed by Judge Analisa Torres on 4/13/2016) (cf) (Entered: 04/13/2016)
STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE: PLEASE TAKE NOTICE that, pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, Plaintiffs and Defendants Long Island Automotive Group, Inc. ("LIAG"), MMS-HM, Inc. ("MMS-HM"), Marubeni Auto & Construction Machinery America, Inc. ("MACMA") and Michael Levitan ("Levitan") (collectively, "Marubeni Defendants"), by and through their respective counsel, hereby stipulate to the dismissal of the above-captioned action with prejudice as against the Marubeni Defendants with each side to bear their own attorneys' fees and costs. GRANTED. The claims against Defendants Long Island Automotive Group, Inc., MMS-HM, Inc., Marubeni Auto & Construction Machinery America, Inc., and Michael Levitan are DISMISSED with prejudice. The claims against Defendants North Shore Motor Group, Inc. and James Messineo remain. Accordingly, the Clerk of Court is directed to REOPEN the case. SO ORDERED. Case reopened. MMS-HM, Inc., Marubeni Auto & Construction Machinery America, Inc., Michael Leviton and Long Island Automotive Group, Inc. terminated. (Signed by Judge Analisa Torres on 4/12/2016) (kko) (Entered: 04/12/2016)
STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE: PLEASE TAKE NOTICE that, pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, Plaintiffs and Defendants Long Island Automotive Group, Inc. ("LIAG"), MMS-HM, Inc. ("MMS-HM"), Marubeni Auto & Construction Machinery America, Inc. ("MACMA") and Michael Levitan ("Levitan") (collectively, "Marubeni Defendants"), by and through their respective counsel, hereby stipulate to the dismissal of the above-captioned action with prejudice as against the Marubeni Defendants with each side to bear their own attorneys' fees and costs. GRANTED. The claims against Defendants Long Island Automotive Group, Inc., MMS-HM, Inc., Marubeni Auto & Construction Machinery America, Inc., and Michael Levitan are DISMISSED with prejudice. The claims against Defendants North Shore Motor Group, Inc. and James Messineo remain. Accordingly, the Clerk of Court is directed to REOPEN the case. SO ORDERED. Case reopened. MMS-HM, Inc., Marubeni Auto & Construction Machinery America, Inc., Michael Leviton and Long Island Automotive Group, Inc. terminated. (Signed by Judge Analisa Torres on 4/12/2016) (kko) (Entered: 04/12/2016)
ORDER OF DISMISSAL: The Court having been advised that all claims asserted herein have been settled, it is ORDERED that the above-captioned action be and is hereby dismissed and discontinued without costs and without prejudice to the right to reopen the action within thirty (30) days if the settlement is not consummated. Any pending motions are moot. All conferences are vacated. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Analisa Torres on 3/17/2016) (kko) (Entered: 03/17/2016)
ORDER OF DISMISSAL: The Court having been advised that all claims asserted herein have been settled, it is ORDERED that the above-captioned action be and is hereby dismissed and discontinued without costs and without prejudice to the right to reopen the action within thirty (30) days if the settlement is not consummated. Any pending motions are moot. All conferences are vacated. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Analisa Torres on 3/17/2016) (kko) (Entered: 03/17/2016)
LETTER addressed to Judge Analisa Torres from Christian V. Cangiano dated January 22, 2016 re: Status update on settlement discussions. Document filed by Daryl Beattie, Cory Singer, John Zimmerman.(Cangiano, Christian) (Entered: 01/25/2016)
LETTER addressed to Judge Analisa Torres from Christian V. Cangiano dated January 22, 2016 re: Status update on settlement discussions. Document filed by Daryl Beattie, Cory Singer, John Zimmerman.(Cangiano, Christian) (Entered: 01/25/2016)
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a magistrate judge, including motions and trial. 28 U.S.C. § 636(c). This case is to be tried to a jury. Depositions to be completed by 3/3/2016. All fact discovery shall be completed no later than 3/3/2016. All expert discovery shall be completed no later than 4/17/2016. Case Management Conference set for 3/17/2016 at 04:00 PM before Judge Analisa Torres. Counsel for the parties have conferred and their present best estimate of the length of trial is: dependent on pretrial motion practice. (Signed by Judge Analisa Torres on 1/20/2016) (mro) (Entered: 01/22/2016)
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a magistrate judge, including motions and trial. 28 U.S.C. § 636(c). This case is to be tried to a jury. Depositions to be completed by 3/3/2016. All fact discovery shall be completed no later than 3/3/2016. All expert discovery shall be completed no later than 4/17/2016. Case Management Conference set for 3/17/2016 at 04:00 PM before Judge Analisa Torres. Counsel for the parties have conferred and their present best estimate of the length of trial is: dependent on pretrial motion practice. (Signed by Judge Analisa Torres on 1/20/2016) (mro) (Entered: 01/22/2016)
ORDER: Having reviewed the parties' letter dated January 8, 2016, it is ORDERED that by January 22, 2016, the parties shall submit a joint letter detailing the status of their settlement negotiations. SO ORDERED. (Signed by Judge Analisa Torres on 1/8/2016) (kko) (Entered: 01/08/2016)
ORDER: Having reviewed the parties' letter dated January 8, 2016, it is ORDERED that by January 22, 2016, the parties shall submit a joint letter detailing the status of their settlement negotiations. SO ORDERED. (Signed by Judge Analisa Torres on 1/8/2016) (kko) (Entered: 01/08/2016)
LETTER addressed to Judge Analisa Torres from Richard C. Schoenstein dated January 8, 2016 re: status update on settlement discussions. Document filed by Michael Leviton, Long Island Automotive Group, Inc., MMS-HM, Inc., Marubeni Auto & Construction Machinery America, Inc..(Schoenstein, Richard) (Entered: 01/08/2016)
LETTER addressed to Judge Analisa Torres from Richard C. Schoenstein dated January 8, 2016 re: status update on settlement discussions. Document filed by Michael Leviton, Long Island Automotive Group, Inc., MMS-HM, Inc., Marubeni Auto & Construction Machinery America, Inc..(Schoenstein, Richard) (Entered: 01/08/2016)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Marubeni Corporation for Long Island Automotive Group, Inc., MMS-HM, Inc., Marubeni Auto & Construction Machinery America, Inc.. Document filed by Long Island Automotive Group, Inc., MMS-HM, Inc., Marubeni Auto & Construction Machinery America, Inc..(Schoenstein, Richard) (Entered: 12/22/2015)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Marubeni Corporation for Long Island Automotive Group, Inc., MMS-HM, Inc., Marubeni Auto & Construction Machinery America, Inc.. Document filed by Long Island Automotive Group, Inc., MMS-HM, Inc., Marubeni Auto & Construction Machinery America, Inc..(Schoenstein, Richard) (Entered: 12/22/2015)
ANSWER to 5 Complaint,. Document filed by Michael Leviton, Long Island Automotive Group, Inc., MMS-HM, Inc., Marubeni Auto & Construction Machinery America, Inc..(Schoenstein, Richard) (Entered: 12/21/2015)
ANSWER to 5 Complaint,. Document filed by Michael Leviton, Long Island Automotive Group, Inc., MMS-HM, Inc., Marubeni Auto & Construction Machinery America, Inc..(Schoenstein, Richard) (Entered: 12/21/2015)
STIPULATION: IT IS HEREBY STIPULATED AND AGREED by and between plaintiffs and the Marubeni Defendants that, for the purpose of determining whether proper minimum wages and overtime have been paid to plaintiffs under the FLSA and the New York Labor Law, it is necessary to consider both amounts paid and designated as salary, and amounts paid and designated as commissions, and that plaintiffs do not by their claims herein seek to disregard the commissions paid to them over the course of their employment; IT IS HEREBY FURTHER STIPULATED AND AGREED that the Marubeni Defendants need not bring a motion to dismiss at this time and, rather, will file an Answer to the Complaint on or before December 21, 2015; and IT IS HEREBY FURTHER STIPULATED AND AGREED that the parties shall jointly advise the Court of the status of their settlement discussions on or before January 8, 2016, as previously ordered by the Court. SO ORDERED. Michael Leviton answer due 12/21/2015; Long Island Automotive Group, Inc. answer due 12/21/2015; MMS-HM, Inc. answer due 12/21/2015; Marubeni Auto & Construction Machinery America, Inc. answer due 12/21/2015. (Signed by Judge Analisa Torres on 12/11/2015) (kko) (Entered: 12/11/2015)
STIPULATION: IT IS HEREBY STIPULATED AND AGREED by and between plaintiffs and the Marubeni Defendants that, for the purpose of determining whether proper minimum wages and overtime have been paid to plaintiffs under the FLSA and the New York Labor Law, it is necessary to consider both amounts paid and designated as salary, and amounts paid and designated as commissions, and that plaintiffs do not by their claims herein seek to disregard the commissions paid to them over the course of their employment; IT IS HEREBY FURTHER STIPULATED AND AGREED that the Marubeni Defendants need not bring a motion to dismiss at this time and, rather, will file an Answer to the Complaint on or before December 21, 2015; and IT IS HEREBY FURTHER STIPULATED AND AGREED that the parties shall jointly advise the Court of the status of their settlement discussions on or before January 8, 2016, as previously ordered by the Court. SO ORDERED. Michael Leviton answer due 12/21/2015; Long Island Automotive Group, Inc. answer due 12/21/2015; MMS-HM, Inc. answer due 12/21/2015; Marubeni Auto & Construction Machinery America, Inc. answer due 12/21/2015. (Signed by Judge Analisa Torres on 12/11/2015) (kko) (Entered: 12/11/2015)
ORDER: Having reviewed the parties' letter dated November 25, 2015, it is ORDERED that: 1. By December 14, 2015, Defendants Long Island Automotive Group, Inc., MMS-HM, Inc., Marubeni Auto & Construction Machinery America, Inc., and Michael Levitan (the "Marubeni Defendants") shall submit their motion to dismiss, if any; 2. By January 14, 2016, Plaintiffs shall file their opposition; 3. By January 28, 2016, the Marubeni Defendants shall reply; and 4. By January 8, 2016, the parties shall submit a joint letter detailing the status of their settlement negotiations. (Motions due by 12/14/2015. Responses due by 1/14/2016, Replies due by 1/28/2016.) (Signed by Judge Analisa Torres on 11/30/2015) (kko) Modified on 12/2/2015 (kko). (Entered: 12/01/2015)
ORDER: Having reviewed the parties' letter dated November 25, 2015, it is ORDERED that: 1. By December 14, 2015, Defendants Long Island Automotive Group, Inc., MMS-HM, Inc., Marubeni Auto & Construction Machinery America, Inc., and Michael Levitan (the "Marubeni Defendants") shall submit their motion to dismiss, if any; 2. By January 14, 2016, Plaintiffs shall file their opposition; 3. By January 28, 2016, the Marubeni Defendants shall reply; and 4. By January 8, 2016, the parties shall submit a joint letter detailing the status of their settlement negotiations. (Motions due by 12/14/2015. Responses due by 1/14/2016, Replies due by 1/28/2016.) (Signed by Judge Analisa Torres on 11/30/2015) (kko) Modified on 12/2/2015 (kko). (Entered: 12/01/2015)
LETTER addressed to Judge Analisa Torres from Richard C. Schoenstein dated November 25, 2015 re: Beattie et al. v. Long Island Automotive Group, Inc. et al., No. 15-cv-06765. Document filed by Michael Leviton, Long Island Automotive Group, Inc., MMS-HM, Inc., Marubeni Auto & Construction Machinery America, Inc..(Schoenstein, Richard) (Entered: 11/25/2015)
LETTER addressed to Judge Analisa Torres from Richard C. Schoenstein dated November 25, 2015 re: Beattie et al. v. Long Island Automotive Group, Inc. et al., No. 15-cv-06765. Document filed by Michael Leviton, Long Island Automotive Group, Inc., MMS-HM, Inc., Marubeni Auto & Construction Machinery America, Inc..(Schoenstein, Richard) (Entered: 11/25/2015)
AFFIDAVIT OF SERVICE of Summons and Complaint,. John 1-10 Does served on 9/8/2015, answer due 9/29/2015; Michael Leviton served on 9/8/2015, answer due 9/29/2015; Long Island Automotive Group, Inc. served on 9/8/2015, answer due 9/29/2015; MMS-HM, Inc. served on 9/8/2015, answer due 9/29/2015; James Messineo served on 9/8/2015, answer due 9/29/2015; North Shore Motor Group, Inc. served on 9/8/2015, answer due 9/29/2015. Service was accepted by Chivonne Gibbs. Service was made by mail. Document filed by Cory Singer; John Zimmerman; Daryl Beattie. (Penn, Stephen) (Entered: 11/06/2015)
AFFIDAVIT OF SERVICE of Summons and Complaint,. John 1-10 Does served on 9/8/2015, answer due 9/29/2015; Michael Leviton served on 9/8/2015, answer due 9/29/2015; Long Island Automotive Group, Inc. served on 9/8/2015, answer due 9/29/2015; MMS-HM, Inc. served on 9/8/2015, answer due 9/29/2015; James Messineo served on 9/8/2015, answer due 9/29/2015; North Shore Motor Group, Inc. served on 9/8/2015, answer due 9/29/2015. Service was accepted by Chivonne Gibbs. Service was made by mail. Document filed by Cory Singer; John Zimmerman; Daryl Beattie. (Penn, Stephen) (Entered: 11/06/2015)
ORDER: Having met with the parties on November 4, 2015, it is ORDERED that: By November 25, 2015, the parties shall submit a joint letter detailing the status of their settlement negotiations and, if necessary, a proposed motion schedule. (Signed by Judge Analisa Torres on 11/4/2015) (kko) (Entered: 11/05/2015)
ORDER: Having met with the parties on November 4, 2015, it is ORDERED that: By November 25, 2015, the parties shall submit a joint letter detailing the status of their settlement negotiations and, if necessary, a proposed motion schedule. (Signed by Judge Analisa Torres on 11/4/2015) (kko) (Entered: 11/05/2015)
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 James C. Francis. (Signed by Judge Analisa Torres on 11/4/2015) (lmb) (Entered: 11/05/2015)
JOINT LETTER addressed to Judge Analisa Torres from Richard C. Schoenstein and Christian V. Cangiano dated November 2, 2015 re: / Joint Pretrial Conference Letter. Document filed by Daryl Beattie, Michael Leviton, Long Island Automotive Group, Inc., MMS-HM, Inc., Marubeni Auto & Construction Machinery America, Inc., Cory Singer, John Zimmerman.(Schoenstein, Richard) (Entered: 11/02/2015)
STIPULATION AND ORDER FOR THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material... GRANTED. However, any party seeking to redact or file documents under seal must obtain prior Court approval in accordance with Paragraph IV.A of this Court's Individual Practices in Civil Cases. SO ORDERED. (Signed by Judge Analisa Torres on 10/28/2015) (kko) Modified on 10/29/2015 (kko). (Entered: 10/29/2015)
NOTICE OF APPEARANCE by Christian Vincent Cangiano on behalf of Daryl Beattie, Cory Singer, John Zimmerman. (Cangiano, Christian) (Entered: 10/28/2015)
NOTICE OF APPEARANCE by Richard Carl Schoenstein on behalf of Michael Leviton, Long Island Automotive Group, Inc., MMS-HM, Inc., Marubeni Auto & Construction Machinery America, Inc.. (Schoenstein, Richard) (Entered: 09/09/2015)
INITIAL PRETRIAL CONFERENCE ORDER: Initial Conference set for 11/4/2015 at 04:15 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres. (See Order.) (Signed by Judge Analisa Torres on 9/3/2015) (ajs) (Entered: 09/03/2015)
ELECTRONIC SUMMONS ISSUED as to John 1-10 Does, Michael Leviton, Long Island Automotive Group, Inc., MMS-HM, Inc., Marubeni Auto & Construction Machinery America, Inc., James Messineo, North Shore Motor Group, Inc.. (dgo) (Entered: 09/01/2015)
COMPLAINT against John 1-10 Does, Michael Leviton, Long Island Automotive Group, Inc., MMS-HM, Inc., Marubeni Auto & Construction Machinery America, Inc., James Messineo, North Shore Motor Group, Inc.. Document filed by Cory Singer, John Zimmerman, Daryl Beattie. (Attachments: # 1 Exhibit)(Penn, Stephen) (Entered: 08/31/2015)
REQUEST FOR ISSUANCE OF SUMMONS as to Long Island Automotive Group, Inc., MMS-HM, Inc., Marubeni Auto & Construction Machinery America, Inc., North Shore Motor Group, Inc., Michael Leviton, James Messineo, John Does 1-10, re: 2 Complaint,. Document filed by Daryl Beattie, Cory Singer, John Zimmerman. (Penn, Stephen) (Entered: 08/27/2015)
FILING ERROR - DEFICIENT PLEADING -PDF ERROR COMPLAINT against John 1-10 Does, Michael Leviton, Long Island Automotive Group, Inc., MMS-HM, Inc., Marubeni Auto & Construction Machinery America, Inc., James Messineo, North Shore Motor Group, Inc.. Document filed by Cory Singer, John Zimmerman, Daryl Beattie. (Attachments: # 1 Exhibit Fair Labor Act Consents)(Penn, Stephen) Modified on 9/1/2015 (dgo). (Entered: 08/27/2015)
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. Please download and review the Individual Practices of the assigned District Judge, located at 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 http://nysd.uscourts.gov/ecf_filing.php. (dgo)
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Stephen H. Penn to RE-FILE Document No. 2 Complaint,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; Wrong case number on the Complaint. Complaint states case number15cv6768. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. If the deficiency/deficiencies are not corrected within five (5) days per Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 9/8/2015. (dgo)
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Stephen H. Penn to RE-FILE Document No. 1 Complaint,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct;. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. If the deficiency/deficiencies are not corrected within five (5) days per Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 9/1/2015. (dgo)
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Stephen H. Penn to RE-FILE Document No. 1 Complaint,. The filing is deficient for the following reason(s): the event wrong event type was used to file the civil cover sheet; Must be filed separetely under its own event;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated April 2014. The S.D.N.Y. Civil Cover Sheet dated April 2014 is located athttp://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (dgo)
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. 1 Complaint,. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons; the date field on the offical A.O. Summons form was completed by the attorney; Must be filed separetely under its own event;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dgo)
COMPLAINT against John 1-10 Does, Michael Leviton, Long Island Automotive Group, Inc., MMS-HM, Inc., Marubeni Auto & Construction Machinery America, Inc., James Messineo, North Shore Motor Group, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-11320817)Document filed by Cory Singer, John Zimmerman, Daryl Beattie. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Penn, Stephen) (Entered: 08/26/2015)
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