New York Eastern District Court
Judge:Allyne R Ross
Case #: 1:24-cv-04424
Nature of Suit790 Labor - Other Labor Litigation
Cause05:704 Labor Litigation
Case Filed:Jun 21, 2024
Last checked: Wednesday Dec 18, 2024 4:20 AM EST
Defendant
The Beverage Works NY, Inc.
Represented By
David F. Jasinski
Jasinski, P.C.
contact info
Erin L Henderson
Jasinski, P.C.
contact info
Plaintiff
David Ortiz
Represented By
Jack A. Raisner
Raisner Roupinian LLP
contact info


Docket last updated: 04/25/2025 11:59 PM EDT
Thursday, April 17, 2025
36 36 notice Notice(Other) Thu 04/17 12:14 PM
NOTICE by David Ortiz re30 Memorandum in Support,32 Affidavit in Support of Motion,34 Order on Motion for Settlement,,,,,,, Motion Hearing,,,,,, NOTICE, CONSENT, AND REFERENCE OF A DISPOSITIVE MOTION TO A MAGISTRATE JUDGE (Raisner, Jack)
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Wednesday, April 02, 2025
35 35 misc Affidavit/Affirmation Wed 04/02 10:44 AM
AFFIDAVIT/AFFIRMATION re34 Order on Motion for Settlement,,,,,,, Motion Hearing,,,,,, Regarding Mailing of Notice of Settlement by David Ortiz (Raisner, Jack)
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Friday, March 07, 2025
34 34 4 pgs minutes Motion Hearing Order on Motion for Settlement Fri 03/07 3:08 PM
Minute Entry for motion hearing proceedings held on 3/7/2025 before Magistrate Judge James R. Cho on plaintiff's motion ("motion") for preliminary approval of class action settlement29 . Appearances by Jack A. Raisner for plaintiff; David F. Jasinski for defendant. Findings made on the record. Having considered all of the relevant factors under Rule 23 of the Federal Rules of Civil Procedure and Grinnell factors ( City of Detroit v. Grinnell Corp. , 495 F.2d 448, 463 (2d Cir. 1974)), this Court is satisfied that class certification for settlement purposes is appropriate, as are the terms of the proposed class settlement, which appear to be fair, reasonable, and adequate to the Class (subject to further consideration at the Fairness Hearing to be conducted at a later date). This Court further finds that the proposed form, content, and manner of distribution of the notice to the Class Members constitute fair and adequate notice and satisfy the requirements of due process, Fed. R. Civ. P. 23, and all other applicable laws and rules. The Court grants the motion for preliminary approval of settlement29 , approves the proposed form and manner of providing notice of the proposed settlement to class members, approves the appointment of the Class Representative and Class Counsel, and preliminarily certifies the proposed settlement class for purposes of the settlement. See attached Order and deadlines set forth therein. Fairness hearing scheduled for 5/6/2025 at 10:00 a.m. in Courtroom 11-D South before Magistrate Judge James R. Cho. (Cisco Recording). (JDP)
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Att: 1 Exhibit
Wednesday, March 05, 2025
33 33 1 pgs misc Letter Wed 03/05 11:49 AM
Letter by The Beverage Works NY, Inc. (Jasinski, David)
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order Order(Other) Wed 03/05 12:56 PM
ORDER granting33 Letter. The in-person motion hearing previously scheduled for 3/7/2025 at 10:30 a.m. is converted to a telephonic motion hearing . Each party is directed to call 571-353-2301 and enter Meeting ID 709-478-501# . Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. If any party has difficulty accessing the conference, please contact Chambers at 718-613-2110. Ordered by Magistrate Judge James R. Cho on 3/5/2025. (SGC)
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Friday, February 28, 2025
32 32 8 pgs respm Affidavit/Declaration in Support of Motion Fri 02/28 7:26 PM
AFFIDAVIT/DECLARATION in Support re29 Notice of MOTION for Settlement Amended Declaration of Rene S. Roupinian in Support of Joint Motion for an Order (I) Certifying a Class for Settlement Purposes, (II) Preliminarily Approving Settlement, (III) Approving Class Notice, (IV) Scheduling Fairness Hearing, and (V) Related Relief filed by David Ortiz. (Raisner, Jack)
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31 31 respm Affidavit/Declaration in Support of Motion Fri 02/28 6:55 PM
AFFIDAVIT/DECLARATION in Support re29 Notice of MOTION for Settlement filed by David Ortiz. (Raisner, Jack)
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30 30 30+ pgs respoth Memorandum in Support Fri 02/28 6:53 PM
MEMORANDUM in Support re29 Notice of MOTION for Settlement filed by David Ortiz. (Raisner, Jack)
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Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Exhibit C,
Att: 4 Exhibit D
29 29 motion Settlement Fri 02/28 6:48 PM
Notice of MOTION for Settlement by David Ortiz. (Raisner, Jack)
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Friday, February 21, 2025
order Order on Motion for Extension of Time to File Fri 02/21 11:37 AM
ORDER granting28 Motion for Extension of Time to File. By 2/28/2025, the parties shall file the motion for preliminary approval. Ordered by Magistrate Judge James R. Cho on 2/21/2025. (SGC)
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Wednesday, February 19, 2025
28 28 motion Extension of Time to File Document Wed 02/19 3:05 PM
First MOTION for Extension of Time to File Motion for Preliminary Approval of Settlement by The Beverage Works NY, Inc.. (Jasinski, David)
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Monday, January 27, 2025
order Scheduling Order Mon 01/27 10:37 AM
SCHEDULING ORDER re27 Status Report filed by David Ortiz. The Court adopts the parties' proposed schedule. By 2/21/2025 , the parties shall file the motion for preliminary approval. An in-person motion hearing will be held on 3/7/2025 at 10:30 a.m. in Courtroom 11D South before Magistrate Judge James R. Cho. Counsel for all parties shall participate. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge James R. Cho on 1/27/2025. (JDP)
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Friday, January 24, 2025
27 27 misc Status Report Fri 01/24 1:42 PM
STATUS REPORT Joint Status Report and Proposed Scheduling Order by David Ortiz (Raisner, Jack)
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Wednesday, January 15, 2025
order Order on Motion to Withdraw Wed 01/15 1:56 PM
ORDER granting26 Motion to Withdraw without prejudice and with leave to renew. Ordered by Magistrate Judge James R. Cho on 1/15/2025. (JDP)
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Tuesday, January 14, 2025
26 26 2 pgs motion Withdraw Tue 01/14 1:21 PM
Notice of MOTION to Withdraw19 MOTION to Certify Class by David Ortiz. (Raisner, Jack)
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Friday, January 10, 2025
order Order(Other) Fri 01/10 4:54 PM
ORDER: The parties to this action have accepted this Court's recommendation as to the settlement amount. Case settled in principle, subject to the parties negotiating a mutually agreeable settlement agreement. In light of this settlement, by 1/15/2025 , plaintiff shall withdraw his motion to certify class (Dkt. 19) without prejudice and with leave to renew, if necessary. By 1/24/2025 , parties shall file a joint status report that includes a proposed schedule for finalizing the settlement. Ordered by Magistrate Judge James R. Cho on 1/10/2025. (JDP)
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Wednesday, January 08, 2025
25 25 motion Extension of Time to File Response/Reply Wed 01/08 11:17 AM
MOTION for Extension of Time to File Response/Reply as to Settlement Conference,,, by The Beverage Works NY, Inc.. (Jasinski, David)
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order Order on Motion for Extension of Time to File Response/Reply Wed 01/08 12:50 PM
ORDER granting25 Motion for Extension of Time to File Response/Reply. The deadline for the parties to inform the Court whether they accept or reject the settlement recommendation is extended to close of business on 1/10/2025 . Ordered by Magistrate Judge James R. Cho on 1/8/2025. (SGC)
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Friday, January 03, 2025
minutes Settlement Conference Fri 01/03 2:17 PM
Minute Entry for Telephonic Settlement Conference proceedings held on 1/3/2025 before Magistrate Judge James R. Cho. Appearances by Jack A. Raisner for plaintiff; David F. Jasinski for defendant. Plaintiff and defendant's corporate representative also participated. Settlement discussions held off the record. At the conclusion of the settlement conference, Magistrate Judge Cho made a settlement recommendation. Parties are to email Chambers ex parte at cho_chambers@nyed.uscourts.gov (note that there is an underlined space between cho and chambers) by the close of business on 1/8/2025 whether they accept or reject the settlement recommendation. Parties shall discuss any additional settlement terms privately, if necessary. (Cisco Recording.) (JDP)
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Thursday, January 02, 2025
order Scheduling Order Thu 01/02 3:41 PM
SCHEDULING ORDER: Based on ex parte calls with the parties, the Court converts the 1/3/2025 in-person settlement conference to a telephonic settlement conference. Each party is directed to call 571-353-2301 and enter Meeting ID 709-478-501#. If any party has difficulty accessing the conference, please contact Chambers at 718-613-2110. Ordered by Magistrate Judge James R. Cho on 1/2/2025. (JDP)
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Thursday, December 19, 2024
order Order on Motion for Protective Order Thu 12/19 9:35 AM
ORDER withdrawing5 Motion for Protective Order pursuant to plaintiff's 12/18/2024 Letter24 . Ordered by Magistrate Judge James R. Cho on 12/19/2024. (JDP)
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Wednesday, December 18, 2024
24 24 misc Letter Wed 12/18 3:44 PM
Letter Regarding Withdrawal of Plaintiff's Motion for Emergency Protective Order by David Ortiz (Raisner, Jack)
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Tuesday, December 17, 2024
minutes Status Conference Tue 12/17 12:03 PM
Minute Entry for Status Conference proceedings held on 12/17/2024 before Magistrate Judge James R. Cho. Appearances by Jack A. Raisner for plaintiff; David F. Jasinski for defendant. Parties requested a follow-up settlement conference. In-person settlement conference scheduled for 1/3/2025 at 10:30 a.m. in Courtroom 11-D South before Magistrate Judge James R. Cho. Counsel for all parties shall appear in person and individuals with settlement authority may participate by telephone. The parties consent to the Court holding ex parte settlement discussions with the parties in advance of the conference. By 12/20/2024 , plaintiff shall file a letter withdrawing without prejudice as moot the pending 5 motion for a protective order. With respect to the pending 19 motion for class certification, the parties are encouraged to file an [LINK:AO85A Consent Form] ("Notice, Consent, and Reference of a Dispositive Motion to a Magistrate Judge"). The parties may withhold consent without any adverse substantive consequences. (Cisco Recording.) (THB)
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Friday, December 13, 2024
23 23 misc Status Report Fri 12/13 1:04 PM
STATUS REPORT Joint Status Report by David Ortiz (Raisner, Jack)
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order Scheduling Order Fri 12/13 3:17 PM
SCHEDULING ORDER: A telephonic status conference will be held on 12/17/2024 at 10:00 a.m. before Magistrate Judge James R. Cho. Each party is directed to call 571-353-2301 and enter Meeting ID 709-478-501# . Parties should come to the conference prepared to propose dates for a follow-up settlement conference. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. If any party has difficulty accessing the conference, please contact Chambers at 718-613-2110. Ordered by Magistrate Judge James R. Cho on 12/13/2024. (SGC)
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Monday, November 18, 2024
order Status Report Order Mon 11/18 12:15 PM
STATUS REPORT ORDER: By 12/13/2024, parties shall meet and confer and file a joint status report advising the Court whether they have exhausted private settlement discussions and would like to participate in a follow-up settlement conference. Ordered by Magistrate Judge James R. Cho on 11/18/2024. (SGC)
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Thursday, November 14, 2024
22 22 3 pgs misc Status Report Thu 11/14 4:17 PM
STATUS REPORT Joint Status Report by David Ortiz (Raisner, Jack)
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Thursday, October 31, 2024
order Status Report Order Thu 10/31 9:13 AM
STATUS REPORT ORDER: By 11/14/2024 , parties shall meet and confer and file a joint status report advising the Court whether they have exhausted private settlement discussions and would like to participate in a follow-up settlement conference. Ordered by Magistrate Judge James R. Cho on 10/31/2024. (SGC)
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Tuesday, October 01, 2024
minutes Settlement Conference Tue 10/01 4:45 PM
Minute Entry for Settlement Conference proceedings held on 10/1/2024 before Magistrate Judge James R. Cho. Appearances by Jack A. Raisner for plaintiff; David F. Jasinski and Erin L. Henderson for defendant. Defendant's President, Mark Ponsiglione, also participated. Settlement discussions held off-the-record. The Court encourages the parties to continue discussing settlement privately. By 1/9/2025 , parties shall file a joint status report. (FTR Log 2:06-2:07, 3:56-3:57). (JDP)
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Thursday, September 12, 2024
21 21 respoth Reply in Opposition Thu 09/12 2:04 PM
REPLY in Opposition re20 Memorandum in Opposition, Plaintiff's Reply to Defendant's Opposition to Motion for Class Certification and Related Relief filed by David Ortiz. (Raisner, Jack)
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Att: 1 Declaration of Jack A. Raisner
Thursday, September 05, 2024
20 20 25 pgs respoth Memorandum in Opposition Thu 09/05 4:38 PM
MEMORANDUM in Opposition re19 MOTION to Certify Class filed by The Beverage Works NY, Inc.. (Jasinski, David)
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Att: 1 Declaration Declaration of David F. Jasinski, Esq.,
Att: 2 12 pgs Declaration Declaration of Mark Ponsiglione
Thursday, August 22, 2024
19 19 3 pgs motion Certify Class Thu 08/22 4:19 PM
MOTION to Certify Class by David Ortiz. (Raisner, Jack)
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Att: 1 28 pgs Memorandum in Support,
Att: 2 Exhibit A,
Att: 3 Exhibit B,
Att: 4 Exhibit C,
Att: 5 Exhibit D
Thursday, August 15, 2024
minutes Initial Conference Hearing ~Util - Set Deadlines/Hearings Thu 08/15 2:41 PM
Minute Entry for Initial Conference proceedings held on 8/15/2024 before Magistrate Judge James R. Cho. Appearances by Jack A. Raisner for plaintiff; David F. Jasinski and Erin L. Henderson for defendant. This is a putative class action asserting claims under the WARN Act. Case discussed. Plaintiff is a member of the union. Defendant also employs non-unionized administrative employees, but is essentially no longer operating. The Court entered the following pretrial schedule: parties to exchange automatic disclosures by 9/4/2024; no amendment of the pleadings permitted after 10/15/2024 or joinder of additional parties permitted after 11/15/2024, without good cause; and parties to complete fact discovery by 3/30/2025 . Parties do not anticipate retaining experts. The Court will set a deadline for commencing dispositive motion practice after the parties have completed discovery, if necessary. Parties an open to an early settlement conference. For settlement purposes, plaintiff requested information regarding the number of potential class members and their wages. In-person settlement conference scheduled for 10/1/2024 at 2:00 p.m. in Courtroom 11-D South before Magistrate Judge James R. Cho. Counsel for all parties shall appear in person and individuals with settlement authority may participate by telephone. By 9/24/2024 , the parties are directed to submit ex parte settlement letters by email to Chambers at cho_chambers@nyed.uscourts.gov (note that there is an underlined space between cho and chambers). The ex parte settlement letters shall state (1) the status of settlement discussions; (2) the last demand and offer made, if any; (3) the strengths and weaknesses of the case; and (4) any information that may assist the Court in helping the parties resolve the matter. The parties are encouraged to discuss settlement prior to submission of the ex parte letters. The ex parte letters shall be limited to 3,500 words, not including exhibits. (Cisco Recording.) (SGC)
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Tuesday, August 13, 2024
18 18 misc Proposed Scheduling Order Tue 08/13 4:15 PM
Proposed Scheduling Order by David Ortiz (Raisner, Jack)
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Thursday, August 01, 2024
17 17 respoth Reply in Support Thu 08/01 5:11 PM
REPLY in Support re13 Reply in Opposition,5 Letter MOTION for Protective Order Letter Motion for Emergency Protective Order filed by David Ortiz. (Raisner, Jack)
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Att: 1 3 pgs Exhibit A,
Att: 2 3 pgs Exhibit B
Wednesday, July 31, 2024
16 16 order Scheduling Order Wed 07/31 12:40 PM
SCHEDULING ORDER: A Telephonic Initial Conference will be held on 8/15/2024 at 10:30 a.m. before Magistrate Judge James R. Cho. Each party is directed to call 571-353-2301 and enter Meeting ID 709-478-501# . Counsel for all parties must participate. Counsel are directed to complete the attached Proposed Scheduling Order and electronically file same with the Court no later than 8/13/2024 . Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. If any party has difficulty accessing the conference, please contact Chambers at 718-613-2110. Ordered by Magistrate Judge James R. Cho on 7/31/2024. (SGC)
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Tuesday, July 30, 2024
15 15 misc Corporate Disclosure Statement Tue 07/30 5:00 PM
Corporate Disclosure Statement by The Beverage Works NY, Inc. (Jasinski, David)
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14 14 16 pgs answer Answer to Complaint Tue 07/30 4:59 PM
ANSWER to1 Complaint, by The Beverage Works NY, Inc.. (Jasinski, David)
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Friday, July 26, 2024
13 13 respoth Reply in Opposition Fri 07/26 5:28 PM
REPLY in Opposition re5 Letter MOTION for Protective Order Letter Motion for Emergency Protective Order filed by The Beverage Works NY, Inc.. (Jasinski, David)
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Att: 1 Declaration
Tuesday, July 23, 2024
minutes Motion Hearing Tue 07/23 1:28 PM
Minute Entry for Telephone Motion Hearing proceedings held on 7/23/2024 before Magistrate Judge James R. Cho. Appearances by Jack A. Raisner for plaintiff; David F. Jasinski for defendant. Discussion held regarding plaintiff's5 Motion for Protective Order. Defendant advises that six exempt, non-unionized employees executed a release of the claims at issue. The Company separately entered into a settlement with the union that represents bargaining-unit employees. The putative class would include both exempt and unionized employees. By 7/26/2024 , defendant shall file its response to the motion; by 8/1/2024 , plaintiff may file a reply, if any. Parties encouraged to discuss privately resolving the issues raised in plaintiff's motion 5 . (Cisco Recording.) (JDP)
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Monday, July 22, 2024
12 12 notice Notice of Appearance Mon 07/22 3:21 PM
NOTICE of Appearance by Erin L Henderson on behalf of The Beverage Works NY, Inc. (aty to be noticed) (Henderson, Erin)
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11 11 notice Notice of Appearance Mon 07/22 1:54 PM
NOTICE of Appearance by David F. Jasinski on behalf of The Beverage Works NY, Inc. (notification declined or already on case) (Jasinski, David)
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Tuesday, July 16, 2024
order Order on Motion to Adjourn Conference 1 - Terminate Hearings Tue 07/16 11:00 AM
ORDER granting9 Motion to Adjourn Conference. The telephonic motion hearing re Dkt.5 Motion for Protective Order is adjourned from 7/17/2024 to 7/23/2024 at 12:30 p.m. before Magistrate Judge James R. Cho. Parties are directed to call 571-353-2301 and enter Meeting ID 709-478-501# . Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. If any party has difficulty accessing the conference, please contact Chambers at 718-613-2110. Ordered by Magistrate Judge James R. Cho on 7/16/2024. (SGC)
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Monday, July 15, 2024
10 10 respm Response in Opposition to Motion Mon 07/15 5:21 PM
RESPONSE in Opposition re9 Letter MOTION to Adjourn Conference filed by David Ortiz. (Raisner, Jack)
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9 9 motion Adjourn Conference Mon 07/15 2:42 PM
Letter MOTION to Adjourn Conference by The Beverage Works NY, Inc.. (Jasinski, David)
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8 8 notice Notice of Appearance Mon 07/15 2:40 PM
NOTICE of Appearance by David F. Jasinski on behalf of The Beverage Works NY, Inc. (notification declined or already on case) (Jasinski, David)
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Friday, July 12, 2024
7 7 service Certificate of Service Fri 07/12 3:02 PM
CERTIFICATE OF SERVICE by David Ortiz re Scheduling Order,, (Raisner, Jack)
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6 6 service Summons Returned Executed Fri 07/12 2:40 PM
SUMMONS Returned Executed by David Ortiz. The Beverage Works NY, Inc. served on 7/9/2024, answer due 7/30/2024. (Raisner, Jack)
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Thursday, July 11, 2024
misc Consent to Jurisdiction by US Magistrate Judge - Declined Thu 07/11 1:12 PM
NOTICE to Assign District Judge: The Clerk of Court is directed to reassign this case to a district judge. (SGC)
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utility Case Assigned/Reassigned Thu 07/11 1:45 PM
Case Reassigned to Judge Allyne R. Ross and Magistrate Judge James R. Cho. Magistrate Judge James R. Cho no longer assigned as presider to the case. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (DA)
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order Scheduling Order Thu 07/11 3:05 PM
SCHEDULING ORDER re:5 Letter Motion for Emergency Protective Order filed by David Ortiz. A Telephone Conference is scheduled for 7/17/2024 at 2:00 PM before Magistrate Judge James R. Cho. Each party is directed to call 571-353-2301 and enter Meeting ID 709-478-501#. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. If any party has difficulty accessing the conference, please contact Chambers at 718-613-2110. By 7/12/2024 , counsel for plaintiff shall serve defendant with a copy of this Order by overnight mail and email, and file proof of service. Ordered by Magistrate Judge James R. Cho on 7/11/2024. (JDP)
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Tuesday, July 09, 2024
5 5 motion Protective Order Tue 07/09 6:10 PM
Letter MOTION for Protective Order Letter Motion for Emergency Protective Order by David Ortiz. (Raisner, Jack)
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Att: 1 Exhibit A,
Att: 2 Exhibit B
Monday, June 24, 2024
4 4 misc Quality Control Check - Attorney Case Opening Mon 06/24 8:44 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM)
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3 3 notice Notice of Opportunity to Consent Mon 06/24 8:43 AM
Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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 is also available here:[LINK:https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program.] Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website:[LINK:https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program.] (SDM)
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2 2 service Summons Issued Mon 06/24 8:43 AM
Summons Issued as to The Beverage Works NY, Inc.. (SDM)
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Friday, June 21, 2024
1 1 12 pgs cmp Complaint Fri 06/21 4:44 PM
COMPLAINT against The Beverage Works NY, Inc. filing fee $ 405, receipt number ANYEDC-18000378 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by David Ortiz. (Raisner, Jack)
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Att: 1 2 pgs Civil Cover Sheet,
Att: 2 2 pgs Proposed Summons