Su v. Smoothstack, Inc. et al
| New York Eastern District Court | |
| Judge: | Lashann Dearcy Hall |
| Referred: | James R Cho |
| Case #: | 1:24-cv-04789 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:201 Fair Labor Standards Act |
| Case Filed: | Jul 10, 2024 |
| Terminated: | Dec 05, 2024 |
| Last checked: Monday Jan 06, 2025 3:23 AM EST |
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Defendant
Boris Kuiper
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Represented By
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Defendant
Smoothstack, Inc.
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Represented By
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Plaintiff
Julie A. Su
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Represented By
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| Docket last updated: 04/27/2025 11:59 PM EDT |
| Monday, January 06, 2025 | ||
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utility
Transfer Case Opened
Mon 01/06 2:06 PM
Case transferred from New York Eastern has been opened in Eastern District of Virginia - as case 1:24-cv-02295, filed 12/18/2024. (TLH) |
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| Thursday, December 05, 2024 | ||
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order
Order(Other)
Thu 12/05 5:57 PM
ORDER TRANSFERRING CASE: In light of the parties' joint letter16 informing the Court of their consent to transfer this action to the Eastern District of Virginia, the Clerk of the Court is respectfully directed to transfer this case to the Eastern District of Virginia within seven days of the date of this Order, pursuant to Local Civil Rule 83.1. This action is hereby transferred to the Eastern District of Virginia pursuant to 28 U.S.C. § 1404(a). Ordered by Judge LaShann DeArcy Hall on 12/5/2024. (MLR) |
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transfer
Case Transferred Out - District Transfer
Thu 12/05 6:04 PM
Case transferred to the Eastern District of Virginia pursuant to electronic order dtd. 12/5/2024. Entire case file transferred electronically via ECF/PACER to the Eastern District-VA. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. . (MLR) |
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| Tuesday, November 19, 2024 | ||
| 16 | 16
misc
Letter
Tue 11/19 7:35 PM
Letter from all parties on venue transfer by Julie A. Su (Tai, Amy) |
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| Thursday, November 14, 2024 | ||
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minutes
Pre Motion Conference
Mon 11/18 3:28 PM
MINUTE ENTRY AND ORDER: A pre-motion conference was held before Judge LaShann DeArcy Hall on November 14, 2024. Julie A. Su appeared on behalf of Plaintiff Acting Secretary of Labor. Alan E. Schoenfeld appeared on behalf of Defendants Smoothstack, Inc. and Boris Kuiper. On or before November 20, 2024, Parties shall file a joint letter informing the Court of whether they intend to transfer venue or move forward with briefing Defendants motion to transfer. Ordered by Judge LaShann DeArcy Hall on 11/14/2024. (Court Reporter Anthony Frisolone.) (CG) |
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| Friday, October 11, 2024 | ||
| 15 | 15
misc
Letter
Fri 10/11 2:12 PM
Letter in Opposition to Defendants' Pre-Motion Letter on Motions to Dismiss and Transfer Venue by Julie A. Su (Tai, Amy) |
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| Monday, October 07, 2024 | ||
| 14 | 14
misc
Letter
Mon 10/07 1:41 PM
Letter Regarding Additional Argument and Authorities for Motion to Transfer and Motion to Dismiss by Boris Kuiper, Smoothstack, Inc. (Schoenfeld, Alan) |
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| Thursday, October 03, 2024 | ||
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order
Scheduling Order 1 - Terminate Hearings
Thu 10/03 5:24 PM
SCHEDULING ORDER: As set forth in this Court's Individual Rules and Practices: "The purpose of pre-motion letters is to aid the Court by providing a synopsis of the arguments to be set forth in any motion or opposition. Pre-motion letters and responses must contain sufficient legal authority to serve this purpose." (J. DeArcy Hall Individual Practices, Section III.A(4).) The pre-motion conference letters submitted by the parties do not set out their respective positions on Defendants' anticipated motion to dismiss in a manner that would allow the Court to fully evaluate their arguments. Accordingly, Defendant is directed to file a revised pre-motion conference letter setting out its bases for dismissal and supporting authorities on or before October 7, 2024. Plaintiff is directed to file a response letter on or before October 11, 2024. In light of this scheduling order, the pre-motion conference scheduled for October 4, 2024, is adjourned to November 14, 2024, at 11:00 a.m. in Courtroom 4H North. Ordered by Judge LaShann DeArcy Hall on 10/3/2024. (CG) |
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| Thursday, September 12, 2024 | ||
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order
Scheduling Order
Thu 09/12 11:23 AM
SCHEDULING ORDER: Defendants' request9 for a pre-motion conference in anticipation of their motions to transfer venue and to dismiss is GRANTED. A pre-motion conference shall be held before Judge LaShann DeArcy Hall on October 4, 2024, at 12:00 p.m. in Courtroom 4H North. At the pre-motion conference, the Court will order a briefing schedule. The parties should anticipate a schedule that will require service of their motion within two weeks after the pre-motion conference. Ordered by Judge LaShann DeArcy Hall on 9/12/2024. (CG) |
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order
Order on Motion for Pre Motion Conference
Thu 09/12 11:26 AM
ORDER: In light of the Court's Scheduling Order granting Defendants' request for a pre-motion conference, Defendants' motion to adjourn12 is DENIED as moot. Ordered by Judge LaShann DeArcy Hall on 9/12/2024. (CG) |
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| Wednesday, September 11, 2024 | ||
| 13 | 13
notice
Notice of Appearance
Wed 09/11 3:55 PM
NOTICE of Appearance by Felicia H. Ellsworth on behalf of Boris Kuiper, Smoothstack, Inc. (notification declined or already on case) (Ellsworth, Felicia) |
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order
Order on Motion for Leave to Appear Pro Hac Vice
Wed 09/11 11:28 AM
ORDER granting11 Motion for Leave to Appear Pro Hac Vice. Attorney Felicia H. Ellsworth shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance to ensure electronic notification of activity in this case. Also, the attorney shall ensure the $200 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge James R. Cho on 9/11/2024. (SGC) |
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| Tuesday, September 10, 2024 | ||
| 12 | 12
motion
Pre Motion Conference
Tue 09/10 5:15 PM
Letter MOTION for pre motion conference to be rescheduled by Boris Kuiper, Smoothstack, Inc.. (Ellsworth, Felicia) |
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| 11 | 11
motion
Appear Pro Hac Vice
Tue 09/10 5:13 PM
MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-18264147 by Boris Kuiper, Smoothstack, Inc.. (Ellsworth, Felicia) |
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Att: 1
Declaration of Felicia H. Ellsworth in Support,
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Att: 2
Certificate of Good Standing
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| Friday, September 06, 2024 | ||
| 10 | 10
misc
Letter
Fri 09/06 1:15 PM
Letter in response to Defendants' stay request by Julie A. Su (Tai, Amy) |
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| Wednesday, September 04, 2024 | ||
| 9 | 9
misc
Letter
Wed 09/04 11:31 AM
Letter Regarding Motion to Transfer by Boris Kuiper, Smoothstack, Inc. (Schoenfeld, Alan) |
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| 8 | 8
misc
Corporate Disclosure Statement
Wed 09/04 11:29 AM
Corporate Disclosure Statement by Boris Kuiper, Smoothstack, Inc. identifying Corporate Parent no corporate parent and no publicly held coporation owns 10 percent or more of its stock for Smoothstack, Inc.. (Schoenfeld, Alan) |
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| 7 | 7
notice
Notice of Appearance
Wed 09/04 11:19 AM
NOTICE of Appearance by Alan E. Schoenfeld on behalf of Boris Kuiper, Smoothstack, Inc. (aty to be noticed) (Schoenfeld, Alan) |
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| Monday, July 15, 2024 | ||
| 6 | 6
service
Waiver of Service Executed
Mon 07/15 4:02 PM
WAIVER OF SERVICE Returned Executed by Julie A. Su. Boris Kuiper waiver sent on 7/10/2024, answer due 9/9/2024. (Tai, Amy) |
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| 5 | 5
service
Waiver of Service Executed
Mon 07/15 4:01 PM
WAIVER OF SERVICE Returned Executed by Julie A. Su. Smoothstack, Inc. waiver sent on 7/10/2024, answer due 9/9/2024. (Tai, Amy) |
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| Thursday, July 11, 2024 | ||
| 4 | 4
misc
Quality Control Check - Attorney Case Opening
Thu 07/11 9:36 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
misc
Clerks Notice of Rule 73
Thu 07/11 9:36 AM
Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link:[LINK:https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf] (SDM) |
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| 2 | 2
service
Summons Issued
Thu 07/11 9:35 AM
Summons Issued as to Boris Kuiper, Smoothstack, Inc.. (SDM) |
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Att: 1
Boris Kuiper
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| Wednesday, July 10, 2024 | ||
| 1 | 1
29
pgs
cmp
Complaint
Wed 07/10 3:02 PM
COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Julie A. Su. (Tai, Amy) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Proposed Summons for Smoothstack, Inc.,
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Att: 3
Proposed Summons for Boris Kuiper
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