1:22-CV-04818
06/09/2022
Pending - Other Pending
Labor - Labor Standard
Lorna G. Schofield
Michael Aguirre
Mardave Management Inc.
A.J. Clarke Real Estate Corp.
Abdul Karim Hassan
Joseph Martin Labuda
Colin Marinovich
(#17) CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). Amended Pleadings due by 10/1/2022. Joinder of Parties due by 10/1/2022. Deposition due by 12/8/2022. Fact Discovery due by 12/8/2022. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 1-2 days. Telephone Conference set for 1/5/2023 at 04:00 PM before Judge Lorna G. Schofield. A party wishing to file a summary judgment or other dispositive motion shall file a pre-motion letter at least two weeks before the conference and in the form provided in the Court's Individual Rule III.A.1. Any party wishing to oppose shall file a responsive letter as provided in the same Individual Rule. The motion will be discussed at the conference. To join the conference, the parties shall call (888) 363-4749 and use Access Code 558-3333. The time of the conference is approximate, but the parties shall be ready to proceed at that time. The Clerk of Court is directed to enter the dates under paragraphs 5, 6, 8(a), 9(b)-(c) and 13(a)-(c) into the Court's calendar. (Signed by Judge Lorna G. Schofield on 8/4/2022) (mml) (Entered: 08/04/2022)
(#16) ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program to take place by October 5, 2022. The parties are hereby notified that Local Rule 83.9 shall govern the mediation and are directed to participate in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. To the extent possible, the Mediation Program is directed to appoint a mediator with expertise in labor law. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 8/15/2022. (Signed by Judge Lorna G. Schofield on 8/4/2022) (jca) (Entered: 08/04/2022)
(#15) ORDER granting #12 Motion for Mediation. It is hereby ORDERED that the August 10, 2022, initial pretrial conference is cancelled. It is further ORDERED, regarding settlement discussions, the parties' request for a referral to mediation is GRANTED. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 12. (Signed by Judge Lorna G. Schofield on 8/4/2022) (ate) Transmission to Mediation Clerk for processing. (Entered: 08/04/2022)
(#14) ORDER granting #11 Letter Motion for Extension of Time to Answer re #11 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Lorna G. Schofield from Joseph M. Labuda dated August 3, 2022., #1 Complaint. Application GRANTED. Defendants' deadline to answer or otherwise respond to the complaint is extended to September 17, 2022. A.J. Clarke Real Estate Corp. answer due 9/17/2022; Mardave Management Inc. answer due 9/17/2022. (Signed by Judge Lorna G. Schofield on 8/4/2022) (ate) (Entered: 08/04/2022)
Exhibit Proposed Case Management Plan
Main Document
(#12) JOINT MOTION for Mediation . Document filed by A.J. Clarke Real Estate Corp., Mardave Management Inc...(Labuda, Joseph) (Entered: 08/03/2022)
(#11) FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Lorna G. Schofield from Joseph M. Labuda dated August 3, 2022. Document filed by Mardave Management Inc...(Labuda, Joseph) (Entered: 08/03/2022)
(#10) NOTICE OF APPEARANCE by Joseph Martin Labuda on behalf of A.J. Clarke Real Estate Corp...(Labuda, Joseph) (Entered: 08/03/2022)
(#9) NOTICE OF APPEARANCE by Joseph Martin Labuda on behalf of Mardave Management Inc...(Labuda, Joseph) (Entered: 08/03/2022)
(#8) NOTICE OF APPEARANCE by Colin Marinovich on behalf of A.J. Clarke Real Estate Corp...(Marinovich, Colin) (Entered: 08/03/2022)
(#7) NOTICE OF APPEARANCE by Colin Marinovich on behalf of Mardave Management Inc...(Marinovich, Colin) (Entered: 08/03/2022)
(#6) ORDER: Initial Conference by telephone set for 8/10/2022 at 4:00 PM before Judge Lorna G. Schofield. The parties shall call (888) 363-4749 and enter the access code 558-3333. (Signed by Judge Lorna G. Schofield on 6/24/2022) (vfr) (Entered: 06/24/2022)
(#5) SUMMONS RETURNED EXECUTED. A.J. Clarke Real Estate Corp. served on 6/13/2022, answer due 7/5/2022; Mardave Management Inc. served on 6/13/2022, answer due 7/5/2022. Service was accepted by New York Secretary of State. Document filed by Michael Aguirre..(Hassan, Abdul) (Entered: 06/14/2022)
(#4) ELECTRONIC SUMMONS ISSUED as to A.J. Clarke Real Estate Corp., Mardave Management Inc. (vf) (Entered: 06/10/2022)
(#3) CIVIL COVER SHEET filed..(Hassan, Abdul) (Entered: 06/09/2022)
(#2) REQUEST FOR ISSUANCE OF SUMMONS as to Mardave Management Inc. and A.J. Clarke Real Estate Corp., re: #1 Complaint. Document filed by Michael Aguirre..(Hassan, Abdul) (Entered: 06/09/2022)
(#14) ORDER granting #11 Letter Motion for Extension of Time to Answer re #11 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Lorna G. Schofield from Joseph M. Labuda dated August 3, 2022., #1 Complaint. Application GRANTED. Defendants' deadline to answer or otherwise respond to the complaint is extended to September 17, 2022. A.J. Clarke Real Estate Corp. answer due 9/17/2022; Mardave Management Inc. answer due 9/17/2022. (Signed by Judge Lorna G. Schofield on 8/4/2022) (ate) (Entered: 08/04/2022)
Docket(#17) CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). Amended Pleadings due by 10/1/2022. Joinder of Parties due by 10/1/2022. Deposition due by 12/8/2022. Fact Discovery due by 12/8/2022. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 1-2 days. Telephone Conference set for 1/5/2023 at 04:00 PM before Judge Lorna G. Schofield. A party wishing to file a summary judgment or other dispositive motion shall file a pre-motion letter at least two weeks before the conference and in the form provided in the Court's Individual Rule III.A.1. Any party wishing to oppose shall file a responsive letter as provided in the same Individual Rule. The motion will be discussed at the conference. To join the conference, the parties shall call (888) 363-4749 and use Access Code 558-3333. The time of the conference is approximate, but the parties shall be ready to proceed at that time. The Clerk of Court is directed to enter the dates under paragraphs 5, 6, 8(a), 9(b)-(c) and 13(a)-(c) into the Court's calendar. (Signed by Judge Lorna G. Schofield on 8/4/2022) (mml) (Entered: 08/04/2022)
[-] Read LessDocket(#16) ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program to take place by October 5, 2022. The parties are hereby notified that Local Rule 83.9 shall govern the mediation and are directed to participate in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. To the extent possible, the Mediation Program is directed to appoint a mediator with expertise in labor law. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 8/15/2022. (Signed by Judge Lorna G. Schofield on 8/4/2022) (jca) (Entered: 08/04/2022)
[-] Read LessDocket(#15) ORDER granting #12 Motion for Mediation. It is hereby ORDERED that the August 10, 2022, initial pretrial conference is cancelled. It is further ORDERED, regarding settlement discussions, the parties' request for a referral to mediation is GRANTED. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 12. (Signed by Judge Lorna G. Schofield on 8/4/2022) (ate) Transmission to Mediation Clerk for processing. (Entered: 08/04/2022)
[-] Read LessDocket(#14) ORDER granting #11 Letter Motion for Extension of Time to Answer re #11 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Lorna G. Schofield from Joseph M. Labuda dated August 3, 2022., #1 Complaint. Application GRANTED. Defendants' deadline to answer or otherwise respond to the complaint is extended to September 17, 2022. A.J. Clarke Real Estate Corp. answer due 9/17/2022; Mardave Management Inc. answer due 9/17/2022. (Signed by Judge Lorna G. Schofield on 8/4/2022) (ate) (Entered: 08/04/2022)
[-] Read LessDocket(#13) LETTER addressed to Judge Lorna G. Schofield from Plaintiff's Counsel Abdul K. Hassan, Esq. dated August 3, 2022 re: Joint Letter and Proposed Case Plan. Document filed by Michael Aguirre. (Attachments: #1 Exhibit Proposed Case Management Plan).(Hassan, Abdul) (Entered: 08/03/2022)
[-] Read LessDocket(#12) JOINT MOTION for Mediation . Document filed by A.J. Clarke Real Estate Corp., Mardave Management Inc...(Labuda, Joseph) (Entered: 08/03/2022)
[-] Read LessDocket(#11) FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Lorna G. Schofield from Joseph M. Labuda dated August 3, 2022. Document filed by Mardave Management Inc...(Labuda, Joseph) (Entered: 08/03/2022)
[-] Read LessDocket(#10) NOTICE OF APPEARANCE by Joseph Martin Labuda on behalf of A.J. Clarke Real Estate Corp...(Labuda, Joseph) (Entered: 08/03/2022)
[-] Read LessDocket(#9) NOTICE OF APPEARANCE by Joseph Martin Labuda on behalf of Mardave Management Inc...(Labuda, Joseph) (Entered: 08/03/2022)
[-] Read LessDocket(#8) NOTICE OF APPEARANCE by Colin Marinovich on behalf of A.J. Clarke Real Estate Corp...(Marinovich, Colin) (Entered: 08/03/2022)
[-] Read LessDocket(#7) NOTICE OF APPEARANCE by Colin Marinovich on behalf of Mardave Management Inc...(Marinovich, Colin) (Entered: 08/03/2022)
[-] Read LessDocket(#6) ORDER: Initial Conference by telephone set for 8/10/2022 at 4:00 PM before Judge Lorna G. Schofield. The parties shall call (888) 363-4749 and enter the access code 558-3333. (Signed by Judge Lorna G. Schofield on 6/24/2022) (vfr) (Entered: 06/24/2022)
[-] Read LessDocket(#5) SUMMONS RETURNED EXECUTED. A.J. Clarke Real Estate Corp. served on 6/13/2022, answer due 7/5/2022; Mardave Management Inc. served on 6/13/2022, answer due 7/5/2022. Service was accepted by New York Secretary of State. Document filed by Michael Aguirre..(Hassan, Abdul) (Entered: 06/14/2022)
[-] Read LessDocket(#4) ELECTRONIC SUMMONS ISSUED as to A.J. Clarke Real Estate Corp., Mardave Management Inc. (vf) (Entered: 06/10/2022)
[-] Read LessDocketCase Designated ECF. (vf) (Entered: 06/10/2022)
[-] Read LessDocketMagistrate Judge Jennifer Willis is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf) (Entered: 06/10/2022)
[-] Read LessDocketCASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf) (Entered: 06/10/2022)
[-] Read LessDocket(#3) CIVIL COVER SHEET filed..(Hassan, Abdul) (Entered: 06/09/2022)
[-] Read LessDocket(#2) REQUEST FOR ISSUANCE OF SUMMONS as to Mardave Management Inc. and A.J. Clarke Real Estate Corp., re: #1 Complaint. Document filed by Michael Aguirre..(Hassan, Abdul) (Entered: 06/09/2022)
[-] Read LessDocket(#1) COMPLAINT against A.J. Clarke Real Estate Corp., Mardave Management Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26259488)Document filed by Michael Aguirre..(Hassan, Abdul) (Entered: 06/09/2022)
[-] Read Less