Caldone v. Sinclair

Federal Civil Lawsuit New York Southern District Court, Case No. 1:16-cv-03339
Magistrate Judge Ronald L. Ellis, presiding
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Magistrate Judge Ronald L. Ellis
Last Updated February 4, 2019 at 12:27 PM EST (6.2 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Luzia Cristina Caldone, Plaintiff

Represented by Marzec Law Firm PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Darius Adam Marzec +1 212 267 0200 +1 800 260 0172 dmarzec@marzeclaw.com
v.
No Logo David Sinclair, Defendant

Represented by Hoguet Newman Regal & Kenney, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Katelyn Kiernan Brooks +1 914 588 1498 kbrooks@hnrklaw.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE N Richard Malcom Reice +1 212 689 8808 +1 212 689 5101 rreice@hnrklaw.com
No Logo IBEX Construction, LLC, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Trista Watson McConnell +1 917 865 7167 +1 212 417 9380 trista.watson@gmail.com

Represented by Hoguet Newman Regal & Kenney, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Katelyn Kiernan Brooks +1 914 588 1498 kbrooks@hnrklaw.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE N Richard Malcom Reice +1 212 689 8808 +1 212 689 5101 rreice@hnrklaw.com
No Logo Jane Does 1-5, Defendant

Represented by Hoguet Newman Regal & Kenney, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Katelyn Kiernan Brooks +1 914 588 1498 kbrooks@hnrklaw.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE N Richard Malcom Reice +1 212 689 8808 +1 212 689 5101 rreice@hnrklaw.com
No Logo Lisa Chapman, Defendant

Represented by Hoguet Newman Regal & Kenney, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Katelyn Kiernan Brooks +1 914 588 1498 kbrooks@hnrklaw.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE N Richard Malcom Reice +1 212 689 8808 +1 212 689 5101 rreice@hnrklaw.com
No Logo North West Real Estate, LLC, Defendant

Represented by Hoguet Newman Regal & Kenney, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Katelyn Kiernan Brooks +1 914 588 1498 kbrooks@hnrklaw.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE N Richard Malcom Reice +1 212 689 8808 +1 212 689 5101 rreice@hnrklaw.com
No Logo P.O. John Does 1-5, Defendant

Represented by Hoguet Newman Regal & Kenney, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Katelyn Kiernan Brooks +1 914 588 1498 kbrooks@hnrklaw.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE N Richard Malcom Reice +1 212 689 8808 +1 212 689 5101 rreice@hnrklaw.com
No Logo Sinko Resources, Inc., Defendant

Represented by Hoguet Newman Regal & Kenney, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Katelyn Kiernan Brooks +1 914 588 1498 kbrooks@hnrklaw.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE N Richard Malcom Reice +1 212 689 8808 +1 212 689 5101 rreice@hnrklaw.com
Attributes
Citation Section 29 U.S.C. § 201
Nature of Suit 710 - Labor: Fair Labor Standards Act
Timeline
  Entries (72) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required)  Filed: 2/3/2017, Entered: None Unknown Document Type
***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Darius Marzec to E-MAIL Document No. 50 stipulation of voluntary dismissal. This document is not filed via ECF. Email to judgments@nysd.uscourts.gov (jsu)
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Legal Document (Payment Possibly Required) 50 Filed: 2/2/2017, Entered: None Unknown Document Type
FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Defendants pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Luzia Cristina Caldone.(Marzec, Darius) Modified on 2/3/2017 (jsu). (Entered: 02/02/2017)
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Legal Document (Payment Possibly Required) 49 Filed: 2/1/2017, Entered: None Unknown Document TypeCourt Filing
ORDER: Accordingly, the settlement is APPROVED. The Clerk of Court is directed to terminate this action with prejudice. (Signed by Magistrate Judge Ronald L. Ellis on 2/1/2017) (cla) (Entered: 02/01/2017)
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Legal Document (Payment Possibly Required) 48 Filed: 1/19/2017, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Magistrate Judge Ronald L. Ellis from Darius A. Marzec, Esq. dated January 19, 2017 re: Approval of Settlement Agreement. Document filed by Luzia Cristina Caldone. (Attachments: # 1 Exhibit Settlement Agreement and Release, # 2 Affidavit Affidavit of Attorney Services)(Marzec, Darius) (Entered: 01/19/2017)
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Legal Document (Payment Possibly Required) 47 Filed: 12/12/2016, Entered: None Unknown Document TypeCourt Filing
ORDER: Accordingly, the settlement is DENIED. IT IS HEREBY ORDERED that the Parties (1) remove the confidentiality clause and (2) tailor the waiver and release to claims arguably related to the employment relationship before submitting the settlement agreement again. Plaintiff's counsel is also directed to file an affidavit indicating the number of hours worked and the billable hourly rate. (Signed by Magistrate Judge Ronald L. Ellis on 12/12/2016) (cla) (Entered: 12/12/2016)
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Legal Document (Payment Possibly Required) 46 Filed: 12/12/2016, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Magistrate Judge Ronald L. Ellis from Richard M. Reice dated December 12, 2016 re: Proposed Settlement Agreement. Document filed by Lisa Chapman, Jane Does 1-5, John Does 1-5, North West Real Estate, LLC, David Sinclair, Sinko Resources, Inc..(Brooks, Katelyn) (Entered: 12/12/2016)
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Legal Document (Payment Possibly Required) 45 Filed: 11/22/2016, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Magistrate Judge Ronald L. Ellis from Darius A. Marzec, Esq. dated November 17, 2016 re: request for court approval of settlement agreement. Document filed by Luzia Cristina Caldone. (Attachments: # 1 Exhibit Settlement Agreement and Release, # 2 Text of Proposed Order)(Marzec, Darius) (Entered: 11/22/2016)
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Legal Document (Payment Possibly Required) 44 Filed: 11/22/2016, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Magistrate Judge Ronald L. Ellis from Darius A. Marzec, Esq. dated November 11, 2016 re: response to letter by Richard Reice, dated November 11, 2016. Document filed by Luzia Cristina Caldone.(Marzec, Darius) (Entered: 11/22/2016)
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Legal Document (Payment Possibly Required) 43 Filed: 11/22/2016, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Magistrate Judge Ronald L. Ellis from Richard M. Reice dated November 11, 2016 re: Settlement Agreement. Document filed by Lisa Chapman, North West Real Estate, LLC, David Sinclair, Sinko Resources, Inc..(Brooks, Katelyn) (Entered: 11/22/2016)
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Legal Document (Payment Possibly Required)  Filed: 11/22/2016, Entered: None Unknown Document Type
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Darius Adam Marzec to RE-FILE Document 42 LETTER MOTION for Leave to File Settlement Agreement addressed to Magistrate Judge Ronald L. Ellis from Darius A. Marzec, Esq. dated November 17, 2016. Use the event type Letter found under the event list Other Documents. (ldi)
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Legal Document (Payment Possibly Required)  Filed: 11/22/2016, Entered: None Unknown Document Type
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Darius Adam Marzec to RE-FILE Document 41 Response to Motion. ERROR(S): Document linked to filing error. (ldi)
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Legal Document (Payment Possibly Required)  Filed: 11/22/2016, Entered: None Unknown Document Type
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Katelyn Kiernan Brooks to RE-FILE Document 40 LETTER MOTION for Conference or Guidance on Settlement Agreement addressed to Magistrate Judge Ronald L. Ellis from Richard M. Reice dated 11/11/2016. Use the event type Letter found under the event list Other Documents. (ldi)
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Legal Document (Payment Possibly Required) 42 Filed: 11/17/2016, Entered: None Unknown Document TypeCourt Filing
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Leave to File Settlement Agreement addressed to Magistrate Judge Ronald L. Ellis from Darius A. Marzec, Esq. dated November 17, 2016. Document filed by Luzia Cristina Caldone. (Attachments: # 1 Exhibit Settlement Agreement, # 2 Text of Proposed Order)(Marzec, Darius) Modified on 11/22/2016 (ldi). (Entered: 11/17/2016)
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Legal Document (Payment Possibly Required) 41 Filed: 11/11/2016, Entered: None Unknown Document TypeCourt Filing
FILING ERROR - DEFICIENT DOCKET ENTRY - LETTER RESPONSE to Motion addressed to Magistrate Judge Ronald L. Ellis from Darius A. Marzec, Esq. dated November 11, 2016 re: 40 LETTER MOTION for Conference or Guidance on Settlement Agreement addressed to Magistrate Judge Ronald L. Ellis from Richard M. Reice dated 11/11/2016. . Document filed by Luzia Cristina Caldone. (Marzec, Darius) Modified on 11/22/2016 (ldi). (Entered: 11/11/2016)
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Legal Document (Payment Possibly Required) 40 Filed: 11/11/2016, Entered: None Unknown Document TypeCourt Filing
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Conference or Guidance on Settlement Agreement addressed to Magistrate Judge Ronald L. Ellis from Richard M. Reice dated 11/11/2016. Document filed by Lisa Chapman, North West Real Estate, LLC, David Sinclair, Sinko Resources, Inc..(Brooks, Katelyn) Modified on 11/22/2016 (ldi). (Entered: 11/11/2016)
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Legal Document (Payment Possibly Required)  Filed: 11/9/2016, Entered: None Unknown Document Type
Minute entry for proceedings held before Magistrate Judge Ronald L. Ellis: Telephone Conference held on 11/9/2016 at 11:30 a.m. (rsh)
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Legal Document (Payment Possibly Required) 39 Filed: 10/26/2016, Entered: None Unknown Document TypeCourt Filing
ORDER granting 38 Letter Motion for Conference. Telephone Conference set for 11/9/2016 at 11:30 AM before Magistrate Judge Ronald L. Ellis. On the day of the conference, the Parties will jointly place a telephone call to the chambers of Judge Ronald L. Ellis, at 212-805-0563. Upon receipt of this order, if you need further information, direct inquiries to Rupa Shah, 212-805-0242. (HEREBY ORDERED by Magistrate Judge Ronald L. Ellis)(Text Only Order) (Ellis, Ronald) (Entered: 10/26/2016)
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Legal Document (Payment Possibly Required) 38 Filed: 10/24/2016, Entered: None Unknown Document TypeCourt Filing
LETTER MOTION for Conference addressed to Magistrate Judge Ronald L. Ellis from Darius A. Marzec dated 10/24/2016. Document filed by Luzia Cristina Caldone.(Marzec, Darius) (Entered: 10/24/2016)
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Legal Document (Payment Possibly Required) 37 Filed: 9/20/2016, Entered: None Unknown Document TypeCourt Filing
CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Luzia Cristina Caldone, Lisa Chapman, North West Real Estate, LLC, David Sinclair, Sinko Resources, Inc. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Ronald L. Ellis. (Signed by Judge Andrew L. Carter, Jr. on 9/20/2016) (rjm) (Entered: 09/21/2016)
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Legal Document (Payment Possibly Required)  Filed: 9/12/2016, Entered: None Unknown Document Type
NOTICE of Hearing: Telephone Conference set for 9/14/2016 at 5:15 PM before Magistrate Judge Ronald L. Ellis. On the day of the conference, the parties will jointly place a telephone call to the chambers of Judge Ronald L. Ellis, at 212-805-0563. (rsh)
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Legal Document (Payment Possibly Required)  Filed: 9/12/2016, Entered: None Unknown Document Type
Minute entry for proceedings held before Magistrate Judge Ronald L. Ellis: Telephone Conference held on 9/12/2016 at 10:40 a.m. Next Telephone Conference is scheduled for 9/14/2016 at 5:15 p.m. (rsh)
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Legal Document (Payment Possibly Required) 36 Filed: 8/29/2016, Entered: None Unknown Document TypeCourt Filing
ORDER granting 35 Letter Motion to Adjourn Conference. Telephone Conference set for 9/12/2016 at 10:30 AM before Magistrate Judge Ronald L. Ellis. On the day of the conference, the parties will jointly place a telephone call to the chambers of Judge Ronald L. Ellis, at 212-805-0563. Upon receipt of this order, if you need further information, direct inquiries to Rupa Shah, 212-805-0242. (HEREBY ORDERED by Magistrate Judge Ronald L. Ellis)(Text Only Order) (Ellis, Ronald) (Entered: 08/29/2016)
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Legal Document (Payment Possibly Required) 35 Filed: 8/24/2016, Entered: None Unknown Document TypeCourt Filing
LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Ronald L. Ellis from Darius A. Marzec dated 08/24/2016. Document filed by Luzia Cristina Caldone.(Marzec, Darius) (Entered: 08/24/2016)
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Legal Document (Payment Possibly Required) 34 Filed: 8/17/2016, Entered: None Unknown Document TypeCourt Filing
STIPULATION OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff and Defendant Ibex Construction Company, LLC., that all claims asserted by Plaintiff against Defendant Ibex Construction Company, LLC., in the above-captioned matter are voluntarily dismissed in their entirety, without prejudice and without costs to any party, and as further set forth in this Stipulation of Dismissal. So ordered. IBEX Construction, LLC terminated. (Signed by Judge Andrew L. Carter, Jr on 8/17/2016) (rjm). (Entered: 08/17/2016)
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Legal Document (Payment Possibly Required)  Filed: 8/16/2016, Entered: None Unknown Document Type
NOTICE of Hearing: Telephone Conference set for 8/29/2016 at 2:30 PM before Magistrate Judge Ronald L. Ellis. On the day of the conference, the parties will jointly place a telephone call to the chambers of Judge Ronald L. Ellis, at 212-805-0563. Upon receipt of this order, if you need further information, direct inquiries to Rupa Shah, 212-805-0242.(rsh)
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Legal Document (Payment Possibly Required)  Filed: 8/10/2016, Entered: None Unknown Document Type
***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Daniel Katz Document 33 Stipulation of Voluntary Dismissal was referred to Judge Andrew L. Carter, Jr for approval. (km)
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Legal Document (Payment Possibly Required) 33 Filed: 8/9/2016, Entered: None Unknown Document Type
DOCUMENT REFERRED TO JUDGE FOR APPROVAL - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Luzia Cristina Caldone and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by IBEX Construction, LLC.(Katz, Daniel) Modified on 8/10/2016 (km). (Entered: 08/09/2016)
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Legal Document (Payment Possibly Required) 32 Filed: 8/2/2016, Entered: None Unknown Document Type
NOTICE OF APPEARANCE by Richard Malcom Reice on behalf of Lisa Chapman, Jane Does 1-5, John Does 1-5, North West Real Estate, LLC, David Sinclair, Sinko Resources, Inc.. (Reice, Richard) (Entered: 08/02/2016)
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Legal Document (Payment Possibly Required) 31 Filed: 8/2/2016, Entered: None Unknown Document Type
NOTICE OF APPEARANCE by Katelyn Kiernan Brooks on behalf of Lisa Chapman, Jane Does 1-5, John Does 1-5, North West Real Estate, LLC, David Sinclair, Sinko Resources, Inc.. (Brooks, Katelyn) (Entered: 08/02/2016)
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Legal Document (Payment Possibly Required)  Filed: 8/2/2016, Entered: None Unknown Document Type
NOTICE TO PARTIES: CHANGE OF COURTROOM FOR SETTLEMENT CONFERENCE ON 8/4/2016 AT 3:00 P.M. IT WILL BE HELD IN COURTROOM 11B. (rsh)
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Legal Document (Payment Possibly Required)  Filed: 7/7/2016, Entered: None Unknown Document Type
Minute entry for proceedings held before Magistrate Judge Ronald L. Ellis: Status Conference held on 7/7/2016 at 12:30 p.m. Settlement conference scheduled for 8/4/2016 at 3:00 p.m. (rsh)
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Legal Document (Payment Possibly Required)  Filed: 7/7/2016, Entered: None Unknown Document Type
NOTICE of Hearing: Settlement Conference set for 8/4/2016 at 3:00 PM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ronald L. Ellis. All counsel must be present and have e-filed a notice of appearance on the ECF system prior to the conference. Unless excused by the Court, each party, together with counsel, must appear in person for the conference. Any party appearing for the settlement conference must have FULL AUTHORITY TO SETTLE THE CASE. If a party is not prepared to go forward with settlement discussions, written notice to the Court is required prior to the conference. No request for adjournment will be considered unless made at least THREE BUSINESS DAYS before the scheduled conference and only after the parties have consulted with each other. Direct inquiries to Rupa Shah (212)-805-0242. (rsh)
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Legal Document (Payment Possibly Required) 30 Filed: 7/1/2016, Entered: None Unknown Document Type
NOTICE OF APPEARANCE by Trista Watson McConnell on behalf of IBEX Construction, LLC. (Attachments: # 1 Supplement Consent Order Granting Substitution of Attorney)(McConnell, Trista) (Entered: 07/01/2016)
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Legal Document (Payment Possibly Required) 29 Filed: 6/24/2016, Entered: None Unknown Document TypeCourt Filing
ORDER granting 28 Letter Motion to Adjourn Conference. Status Conference set for 7/7/2016 at 12:30 PM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ronald L. Ellis. No request for adjournment will be considered unless made at least THREE BUSINESS DAYS before the scheduled conference and only after the parties have consulted with each other. Direct inquiries to Rupa Shah, 212-805-0242. (HEREBY ORDERED by Magistrate Judge Ronald L. Ellis)(Text Only Order) (Ellis, Ronald) (Entered: 06/24/2016)
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Legal Document (Payment Possibly Required) 28 Filed: 6/23/2016, Entered: None Unknown Document TypeCourt Filing
LETTER MOTION to Adjourn Conference scheduled for 7/5/2016 addressed to Magistrate Judge Ronald L. Ellis from Darius A. Marzec, Esq. dated June 23, 2016. Document filed by Luzia Cristina Caldone.(Marzec, Darius) (Entered: 06/23/2016)
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Legal Document (Payment Possibly Required)  Filed: 6/22/2016, Entered: None Unknown Document Type
NOTICE of Hearing: Status Conference set for 7/5/2016 at 10:30 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ronald L. Ellis. No request for adjournment will be considered unless made at least THREE BUSINESS DAYS before the scheduled conference and only after the parties have consulted with each other. Direct inquiries to Rupa Shah, 212-805-0242. (rsh)
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Legal Document (Payment Possibly Required) 27 Filed: 6/16/2016, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Magistrate Judge Ronald L. Ellis from Darius A. Marzec, Esq. dated June 16, 2016 re: Settlement Conference. Document filed by Luzia Cristina Caldone.(Marzec, Darius) (Entered: 06/16/2016)
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Legal Document (Payment Possibly Required) 26 Filed: 6/15/2016, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Magistrate Judge Ronald L. Ellis from Richard M. Reice dated June 15, 2016 re: Settlement Conference. Document filed by Lisa Chapman, IBEX Construction, LLC, Jane Does 1-5, John Does 1-5, North West Real Estate, LLC, David Sinclair, Sinko Resources, Inc.. (Attachments: # 1 Exhibit Defendants' Rule 11 Letters sent to Plaintiff on 05.31.2016)(Brooks, Katelyn) (Entered: 06/15/2016)
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Legal Document (Payment Possibly Required) 25 Filed: 6/15/2016, Entered: None Unknown Document TypeCourt Filing
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Ronald L. Ellis. (Signed by Judge Andrew L. Carter, Jr on 6/15/2016) (rjm) (Entered: 06/15/2016)
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Legal Document (Payment Possibly Required)  Filed: 6/13/2016, Entered: None Unknown Document Type
Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Initial Pretrial Conference held on 6/13/2016. Dairus A. Marzec for Plaintiff(s). Richard M. Reice and Katelyn K. Brooks for Defendant(s). Alena Persyk, Summer Associate present. The parties are encouraged to engage in settlement discussions. Case referred to Judge Ellis for general pre-trial purposes and settlement. (tdh)
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Legal Document (Payment Possibly Required) 24 Filed: 6/9/2016, Entered: None Unknown Document TypeCourt Filing
ORDER ADJOURNING INITIAL PRE-TRIAL CONFERENCE. The initial pre-trial conference currently scheduled for June 10, 2016 at 10:45 a.m. is adjourned to June 13, 2016 at 3:00 p.m. Attorneys for all parties are directed to report to Courtroom 1306 at the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York at the date and time specified above. SO ORDERED. Granting 23 LETTER MOTION to Adjourn Conference addressed to Judge Andrew L. Carter, Jr. from Darius A. Marzec, Esq. dated June 7, 2016. Document filed by Luzia Cristina Caldone. (Initial Conference set for 6/13/2016 at 03:00 PM in Courtroom 1306, 40 Centre Street, New York, NY 10007 before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 6/8/2016) (rjm) (Entered: 06/09/2016)
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Legal Document (Payment Possibly Required) 23 Filed: 6/7/2016, Entered: None Unknown Document TypeCourt Filing
LETTER MOTION to Adjourn Conference addressed to Judge Andrew L. Carter, Jr. from Darius A. Marzec, Esq. dated June 7, 2016. Document filed by Luzia Cristina Caldone.(Marzec, Darius) (Entered: 06/07/2016)
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Legal Document (Payment Possibly Required) 22 Filed: 6/7/2016, Entered: None Unknown Document TypeCourt Filing
ORDER SETTING INITIAL PRE-TRIAL CONFERENCE: Initial Conference set for 6/10/2016 at 10:45 AM in Courtroom 1306, 40 Centre Street, New York, NY 10007 before Judge Andrew L. Carter Jr.. (Signed by Judge Andrew L. Carter, Jr on 6/1/2016) (kgo) (Entered: 06/07/2016)
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Legal Document (Payment Possibly Required) 21 Filed: 6/1/2016, Entered: None Unknown Document Type
NOTICE OF APPEARANCE by Richard Malcom Reice on behalf of Lisa Chapman, IBEX Construction, LLC, Jane Does 1-5, John Does 1-5, North West Real Estate, LLC, David Sinclair, Sinko Resources, Inc.. (Reice, Richard) (Entered: 06/01/2016)
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Legal Document (Payment Possibly Required) 20 Filed: 5/31/2016, Entered: None Unknown Document Type
ANSWER to 1 Complaint. Document filed by Lisa Chapman, Jane Does 1-5, John Does 1-5, North West Real Estate, LLC, David Sinclair, Sinko Resources, Inc..(Brooks, Katelyn) (Entered: 05/31/2016)
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Legal Document (Payment Possibly Required) 19 Filed: 5/31/2016, Entered: None Unknown Document Type
ANSWER to Complaint. Document filed by IBEX Construction, LLC.(Brooks, Katelyn) (Entered: 05/31/2016)
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Legal Document (Payment Possibly Required) 18 Filed: 5/31/2016, Entered: None Unknown Document Type
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Lisa Chapman, IBEX Construction, LLC, Jane Does 1-5, John Does 1-5, North West Real Estate, LLC, David Sinclair, Sinko Resources, Inc..(Brooks, Katelyn) (Entered: 05/31/2016)
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Legal Document (Payment Possibly Required) 17 Filed: 5/11/2016, Entered: None Unknown Document Type
AFFIDAVIT OF SERVICE of Summons and Complaint. North West Real Estate, LLC served on 5/9/2016, answer due 5/31/2016. Service was accepted by JANE SMITH. Document filed by Luzia Cristina Caldone. (Marzec, Darius) (Entered: 05/11/2016)
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Legal Document (Payment Possibly Required) 16 Filed: 5/10/2016, Entered: None Unknown Document Type
AFFIDAVIT OF SERVICE of Summons and Complaint. IBEX Construction, LLC served on 5/9/2016, answer due 5/31/2016. Service was accepted by SANDY, ADMINISTRATIVE ASSISTANT. Document filed by Luzia Cristina Caldone. (Marzec, Darius) (Entered: 05/10/2016)
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Legal Document (Payment Possibly Required) 15 Filed: 5/10/2016, Entered: None Unknown Document Type
AFFIDAVIT OF SERVICE of Summons and Complaint. Lisa Chapman served on 5/9/2016, answer due 5/31/2016; Jane Does 1-5 served on 5/9/2016, answer due 5/31/2016; John Does 1-5 served on 5/9/2016, answer due 5/31/2016; David Sinclair served on 5/9/2016, answer due 5/31/2016; Sinko Resources, Inc. served on 5/9/2016, answer due 5/31/2016. Service was accepted by JANE SMITH. Document filed by Luzia Cristina Caldone. (Attachments: # 1 Affidavit Affidavit of Service, # 2 Affidavit Affidavit of Service, # 3 Affidavit Affidavit of Service, # 4 Affidavit Affidavit of Service)(Marzec, Darius) (Entered: 05/10/2016)
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Legal Document (Payment Possibly Required)  Filed: 5/9/2016, Entered: None Unknown Document Type
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. 14 Request for Issuance of Summons, 13 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the wrong filer/filers were selected for the request for issuance of summons. 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. (pc)
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Legal Document (Payment Possibly Required) 14 Filed: 5/6/2016, Entered: None Unknown Document Type
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to JANE DOE, re: 1 Complaint. Document filed by Luzia Cristina Caldone. (Marzec, Darius) Modified on 5/9/2016 (pc). (Entered: 05/06/2016)
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Legal Document (Payment Possibly Required) 13 Filed: 5/6/2016, Entered: None Unknown Document Type
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to JOHN DOE, re: 1 Complaint. Document filed by Luzia Cristina Caldone. (Marzec, Darius) Modified on 5/9/2016 (pc). (Entered: 05/06/2016)
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Legal Document (Payment Possibly Required) 12 Filed: 5/6/2016, Entered: None Unknown Document Type
ELECTRONIC SUMMONS ISSUED as to IBEX Construction, LLC. (dgo) (Entered: 05/06/2016)
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Legal Document (Payment Possibly Required) 11 Filed: 5/6/2016, Entered: None Unknown Document Type
ELECTRONIC SUMMONS ISSUED as to Lisa Chapman. (dgo) (Entered: 05/06/2016)
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Legal Document (Payment Possibly Required) 10 Filed: 5/6/2016, Entered: None Unknown Document Type
ELECTRONIC SUMMONS ISSUED as to Sinko Resources, Inc.. (dgo) (Entered: 05/06/2016)
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Legal Document (Payment Possibly Required) 9 Filed: 5/6/2016, Entered: None Unknown Document Type
ELECTRONIC SUMMONS ISSUED as to North West Real Estate, LLC. (dgo) (Entered: 05/06/2016)
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Legal Document (Payment Possibly Required) 8 Filed: 5/6/2016, Entered: None Unknown Document Type
ELECTRONIC SUMMONS ISSUED as to David Sinclair. (dgo) (Entered: 05/06/2016)
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Legal Document (Payment Possibly Required)  Filed: 5/5/2016, Entered: None Unknown Document Type
ADD PARTY FOR PLEADING. Defendants/Respondents John Does 1-5, Jane Does 1-5 added. Party added pursuant to 1 Complaint. Document filed by Luzia Cristina Caldone. Related document: 1 Complaint filed by Luzia Cristina Caldone.(Marzec, Darius)
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Legal Document (Payment Possibly Required)  Filed: 5/5/2016, Entered: None Unknown Document Type
Case Designated ECF. (dgo)
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Legal Document (Payment Possibly Required)  Filed: 5/5/2016, Entered: None Unknown Document Type
Magistrate Judge Ronald L. Ellis is so designated. (dgo)
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Legal Document (Payment Possibly Required)  Filed: 5/5/2016, Entered: None Unknown Document Type
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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)
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Legal Document (Payment Possibly Required)  Filed: 5/5/2016, Entered: None Unknown Document Type
***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Darius Adam Marzec. The following case opening statistical information was erroneously selected/entered: County code Albany; Fee Status code due (due);. The following correction(s) have been made to your case entry: the County code has been modified to Queens; the Fee Status code has been modified to pd (paid);. (dgo)
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Legal Document (Payment Possibly Required)  Filed: 5/5/2016, Entered: None Unknown Document Type
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Darius Adam Marzec. The party information for the following party/parties has been modified: Luzia Cristina Caldone, ADR Provider North West Real Estate. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly; party text was omitted;. (dgo)
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Legal Document (Payment Possibly Required)  Filed: 5/5/2016, Entered: None Unknown Document Type
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Darius Adam Marzec re: Document No. 1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; Add parties John Doe 1-5 and Jane Does 1-5 to the pleading. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. (dgo)
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Legal Document (Payment Possibly Required) 7 Filed: 5/4/2016, Entered: None Unknown Document Type
REQUEST FOR ISSUANCE OF SUMMONS as to Ibex Construction Company, LLC, re: 1 Complaint. Document filed by Luzia Cristina Caldone. (Marzec, Darius) (Entered: 05/04/2016)
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Legal Document (Payment Possibly Required) 6 Filed: 5/4/2016, Entered: None Unknown Document Type
REQUEST FOR ISSUANCE OF SUMMONS as to Lisa Chapman, re: 1 Complaint. Document filed by Luzia Cristina Caldone. (Marzec, Darius) (Entered: 05/04/2016)
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Legal Document (Payment Possibly Required) 5 Filed: 5/4/2016, Entered: None Unknown Document Type
REQUEST FOR ISSUANCE OF SUMMONS as to Sinko Resources, Inc., re: 1 Complaint. Document filed by Luzia Cristina Caldone. (Marzec, Darius) (Entered: 05/04/2016)
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Legal Document (Payment Possibly Required) 4 Filed: 5/4/2016, Entered: None Unknown Document Type
REQUEST FOR ISSUANCE OF SUMMONS as to North West Real Estate, LLC, re: 1 Complaint. Document filed by Luzia Cristina Caldone. (Marzec, Darius) (Entered: 05/04/2016)
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Legal Document (Payment Possibly Required) 3 Filed: 5/4/2016, Entered: None Unknown Document Type
REQUEST FOR ISSUANCE OF SUMMONS as to David Sinclair, re: 1 Complaint. Document filed by Luzia Cristina Caldone. (Marzec, Darius) (Entered: 05/04/2016)
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Legal Document (Payment Possibly Required) 2 Filed: 5/4/2016, Entered: None Unknown Document Type
CIVIL COVER SHEET filed. (Marzec, Darius) (Entered: 05/04/2016)
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Legal Document (Payment Possibly Required) 1 Filed: 5/4/2016, Entered: None Unknown Document Type
COMPLAINT against Lisa Chapman, IBEX Construction, LLC, North West Real Estate, David Sinclair, Sinko Resources, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-12264432)Document filed by Luzia Cristina Caldone.(Marzec, Darius) (Entered: 05/04/2016)
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