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12-584 - Holick et al v. Cellular Sales of New York, LLC et al


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12-584 - Holick et al v. Cellular Sales of New York, LLC et al
March 29, 2013
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MEMORANDUM-DECISION & ORDER that defendants motion to dismiss (Dkt. #8) pursuant to Fed. R. Civ. P. 12 (b) (1) for lack of subject matter jurisdiction is DENIED; that defendants alternative motion (Dkt. # 8) to compel arbitration is GRANTED; that the complaint is dismissed without prejudice; that in light of the Courts determination to grant defendants motion to compel arbitration and dismiss the complaint, it is further ORDERED that defendant CSOKIs motion to dismiss for lack of personal jurisdiction (Dkt. #10) is DENIED as moot; that plaintiffs motion for conditional certification of a collective action under the FLSA (Dkt. #27) is DENIED as moot; and that the parties remaining pending motions, Dkts # 18 and #37 are DENIED as moot. Signed by Judge Norman A. Mordue on 3/28/2013. (see)
October 21, 2014
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ORDER that this case reopened in accordance with the Second Circuits Mandate vacating the Judgment entered on March 29, 2013 (Dkt. No. 39); in the interest of economy and avoidance of unnecessary duplication of effort and litigation expense, this action 1:12-CV-0584 (NAM/CFH) is hereby consolidated with 1:13-CV-0738 (NAM/RFT). This action, 1:12-CV-0584 (NAM/CFH), is now designated as the lead case and the action subsequently commenced by the pltfs, 1:13-CV-0738 (NAM/RFT), is designated as the member case, pursuant to Rule 42(a) of the Fed. R. Civ. P., solely for purposes of pretrial proceedings, without prejudice to the right of one or both parties to later apply to the assigned trial judge for an order consolidated cases for trial. ALL FUTURE FILINGS MUST BE FILED ONLY IN THE LEAD CASE, 1:12-CV-0584 (NAM/CFH). NO FURTHER FILINGS SHALL BE DOCKETED IN THE MEMBER CASE, 1:13-CV-0738 (NAM/RFT); and that in view of the substantial involvement of U.S. Magistrate Judge Randolph Treece in handling discovery matters in the member case, 1:13-CV-0738 the Clerk of the Court is directed to assign lead case, 1:12-CV-0584 (NAM/CFH) to U. S. Magistrate Judge Treece. Signed by Senior Judge Norman A. Mordue on 10/21/2014. (see)
October 20, 2017
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ORDER that counsel for pltfs is directed to made a copy of the following pages of the reviewed documents to be provided to defts' counsel: pp. 1, 14-17, 26-29, 54-57, 65-68, 87-88. The Court directs that the pltf's counsel immediately retrieve from the Court's courtroom deputy, Daniel Krug, the Marvin and Company tax documents, together with the paginated copy created by the Court, and to maintain both sets of documents pending the final resolution of the case. Signed by Magistrate Judge Daniel J. Stewart on 10/20/2017. (see)
December 2, 2017
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ents pending the final resolution of the case. Signed by Magistrate Judge Daniel J. Stewart on 12/2/2017. (see)ORDER that the Court directs that the pltf's counsel immediately retrieve from the Court's courtroom deputy, Daniel Krug, the Gore & Laney tax documents, together with the paginated copy created by the Court, and maintain both sets of docum
January 10, 2018
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ogether with the paginated copy created by the Court, and to maintain both sets of documents pending the final resolution of the case. Signed by Magistrate Judge Daniel J. Stewart on 1/10/2018. (see)ORDER that on 12/21/2017, certain tax information of the pltf Kyle F. Degon was provided to the Court for purposes of an in camera review pursuant to the Court's directive. Accordingly, counsel for pltfs is directed to make a copy of the following pages of the reviewed documents to be provided to defts' counsel: pp. 1-47. The Court directs that the pltfs' counsel immediately retrieve from the Court's courtroom deputy, Daniel Krug, the Douglas S. Wood CPA, PC tax documents, t
January 10, 2018
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nal resolution of the case. Signed by Magistrate Judge Daniel J. Stewart on 1/10/2018. (see)ORDER that on 12/5/2017, certain tax information of the pltf Jason Recor was provided to the Court for purposes of an in camera review pursuant to the Court's directive. Accordingly, counsel for pltfs is directed to made a copy of the following pages of the reviewed documents to be provided to defts counsel: pp. 3-26, 29-54, 68-69, 75-76, 85-86, 89-163, 167, 170-172, 175-176, 179-180, 182-236, 242, 248, 250-252, 256, 260, 265, 267, 273-366, 368-383, 385-420, and 424-425. The Court directs that the pltfs' counsel immediately retrieve from the Court's courtroom deputy, Daniel Krug, the LLJ Accounting, LLC tax documents, together with the paginated copy created by the Court, and maintain both sets of the documents pending the fi
January 10, 2018
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ORDER that on 12/5/2017, certain tax information of the pltf Chantel A. Winkler was provided to the Court for purposes of an in camera review pursuant to the Court's directive. Accordingly, counsel for pltfs is directed to make a copy of the following pages of the reviewed documents to be provided to defts' counsel: pp. 3-24, 26, 28-30, 32-42, 45-96, 125, 154-157, 162-167, 202-249, and 262-283. The Court directs that pltfs' counsel immediately retrieve from the Court's courtroom deputy, Daniel Krug, the LLJ Accounting, LLC tax documents, together with the paginated copy created by the Court, and maintain both sets of documents pending the final resolution of the case. Signed by Magistrate Judge Daniel J. Stewart on 1/10/2018. (see)
January 10, 2018
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ORDER that on 12/5/2017, certain additional tax information of the pltf Andrew Bittel was provided to the Court for purposes of an in camera review pursuant to the Court's directive. Accordingly, counsel for pltfs is directed to make a copy of the following pages of the reviewed documents to be provided to defts' counsel: pp. 1-5, 13-79, 83, 86, 88-90. The Court directs that the pltfs' counsel immediately retrieve from the Court's courtroom deputy, Daniel Krug, the LLJ Accounting, LLC tax documents, together with the paginated copy created by the Court, and maintain both sets of documents pending the final resolution of the case. Signed by Magistrate Judge Daniel J. Stewart on 1/10/2018. (see)
March 29, 2018
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ORDER that defts Motion to Compel (Dkt. no. 242) is denied; and that pltfs counsel retrieve from the Court's Courtroom Deputy Maria Blunt, the print out of disputed communications, and maintain those documents for the pendency of the present action. Signed by Magistrate Judge Daniel J. Stewart on 3/29/2018. (see)