Ortiz v. The Beverage Works NY, Inc.
New York Eastern District Court | |
Judge: | Allyne R Ross |
Case #: | 1:24-cv-04424 |
Nature of Suit | 790 Labor - Other Labor Litigation |
Cause | 05:704 Labor Litigation |
Case Filed: | Jun 21, 2024 |
Last checked: Wednesday Dec 18, 2024 4:20 AM EST |
Defendant
The Beverage Works NY, Inc.
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Represented By
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Plaintiff
David Ortiz
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Represented By
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Docket last updated: 04/25/2025 11:59 PM EDT |
Thursday, April 17, 2025 | ||
36 | 36
![]() 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
![]() 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
![]() 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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Wednesday, March 05, 2025 | ||
33 | 33
![]() 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
![]() 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
![]() AFFIDAVIT/DECLARATION in Support re29 Notice of MOTION for Settlement filed by David Ortiz. (Raisner, Jack) |
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30 | 30
![]() MEMORANDUM in Support re29 Notice of MOTION for Settlement filed by David Ortiz. (Raisner, Jack) |
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29 | 29
![]() 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
![]() 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
![]() 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
![]() 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 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
![]() 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
![]() 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
![]() 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
![]() 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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Thursday, September 05, 2024 | ||
20 | 20
![]() MEMORANDUM in Opposition re19 MOTION to Certify Class filed by The Beverage Works NY, Inc.. (Jasinski, David) |
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Thursday, August 22, 2024 | ||
19 | 19
![]() MOTION to Certify Class by David Ortiz. (Raisner, Jack) |
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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
![]() Proposed Scheduling Order by David Ortiz (Raisner, Jack) |
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Thursday, August 01, 2024 | ||
17 | 17
![]() 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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Wednesday, July 31, 2024 | ||
16 | 16
![]() 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
![]() Corporate Disclosure Statement by The Beverage Works NY, Inc. (Jasinski, David) |
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14 | 14
![]() ANSWER to1 Complaint, by The Beverage Works NY, Inc.. (Jasinski, David) |
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Friday, July 26, 2024 | ||
13 | 13
![]() 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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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 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 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
![]() RESPONSE in Opposition re9 Letter MOTION to Adjourn Conference filed by David Ortiz. (Raisner, Jack) |
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9 | 9
![]() Letter MOTION to Adjourn Conference by The Beverage Works NY, Inc.. (Jasinski, David) |
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8 | 8
![]() 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
![]() CERTIFICATE OF SERVICE by David Ortiz re Scheduling Order,, (Raisner, Jack) |
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6 | 6
![]() 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
![]() Letter MOTION for Protective Order Letter Motion for Emergency Protective Order by David Ortiz. (Raisner, Jack) |
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Monday, June 24, 2024 | ||
4 | 4
![]() 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
![]() 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
![]() Summons Issued as to The Beverage Works NY, Inc.. (SDM) |
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Friday, June 21, 2024 | ||
1 | 1
![]() 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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