This case was last updated from U.S. District Courts on 04/02/2022 at 08:10:14 (UTC).

Birthwright v. Advance Stores Company, Inc.

Case Summary

On 02/01/2022 Birthwright filed a Labor - Other Labor lawsuit against Advance Stores Company, Inc. This case was filed in U.S. District Courts, New York Eastern District Court. The Judges overseeing this case are Gary R. Brown and Steven Tiscione. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:22-CV-00593

  • Filing Date:

    02/01/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Other Labor

Judge Details

Presiding Judge

Gary R. Brown

Referral Judge

Steven Tiscione

 

Party Details

Plaintiff

Hugh Birthwright

Defendants

Advance Stores Company Inc.

Advance Stores Company, Inc. doing business as Advance Auto Parts

Attorney/Law Firm Details

Plaintiff Attorneys

Brian Scott Schaffer

Attorney at Fitapelli & Schaffer LLP

28 Liberty Street, 30Th Floor

New York, NY 10005

Frank Joseph Mazzaferro

Attorney at Fitapelli & Schaffer LLP

28 Liberty Street, 30Th Floor

New York, NY 10005

Raymond Nardo

Attorney at Attorney at Law

129 Third Street

Mineola, NY 11501

Defendant Attorney

Jeffrey W. Brecher

Attorney at Jackson Lewis, P.C.

58 South Service Road, Suite 250

Melville, NY 11747

 

Court Documents

1 #1

Main Document

1 #1

Exhibit A

#2

(#2) Civil Cover Sheet.. by Hugh Birthwright (Schaffer, Brian) (Entered: 02/01/2022)

#3

(#3) This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Jakubowski, Laura) (Entered: 02/02/2022)

#4

(#4) Proposed Summons. by Hugh Birthwright (Mazzaferro, Frank) (Entered: 02/02/2022)

#5

(#5) In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the 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 may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Jakubowski, Laura) (Main Document 5 replaced on 2/3/2022) (Jakubowski, Laura). (Entered: 02/02/2022)

#6

(#6) Summons Issued as to Advance Stores Company, Inc. (Tirado, Chelsea) (Entered: 02/03/2022)

#7

(#7) WAIVER OF SERVICE Returned Executed by Hugh Birthwright. Advance Stores Company, Inc. waiver sent on 3/3/2022, answer due 5/2/2022. (Mazzaferro, Frank) (Entered: 03/03/2022)

#8

(#8) NOTICE of Appearance by Jeffrey W. Brecher on behalf of Advance Stores Company, Inc. (aty to be noticed) (Brecher, Jeffrey) (Entered: 03/18/2022)

#9

(#9) ORDER OF RECUSAL: Magistrate Judge James M. Wicks recused. Case reassigned to Magistrate Judge Steven Tiscione for all further proceedings. So Ordered by Magistrate Judge James M. Wicks on 3/24/2022. (Ortiz, Grisel) (Entered: 03/24/2022)

10 #10

Main Document

10 #1

Exhibit A

11 #11

Main Document

11 #1

Exhibit A

#12

(#12) RESPONSE TO ORDER TO SHOW CAUSE by Advance Stores Company, Inc. (Brecher, Jeffrey) (Entered: 03/31/2022)

3 More Documents Available

 

Docket Entries

  • 03/31/2022
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  • Docket(#12) RESPONSE TO ORDER TO SHOW CAUSE by Advance Stores Company, Inc. (Brecher, Jeffrey) (Entered: 03/31/2022)

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  • 03/24/2022
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  • Docket(#11) RESPONSE TO ORDER TO SHOW CAUSE by Hugh Birthwright (Attachments: #1 Exhibit A) (Schaffer, Brian) (Entered: 03/24/2022)

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  • 03/24/2022
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  • Docket(#10) AMENDED COMPLAINT against Advance Stores Company, Inc., filed by Hugh Birthwright. (Attachments: #1 Exhibit A) (Schaffer, Brian) (Entered: 03/24/2022)

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  • 03/24/2022
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  • Docket(#9) ORDER OF RECUSAL: Magistrate Judge James M. Wicks recused. Case reassigned to Magistrate Judge Steven Tiscione for all further proceedings. So Ordered by Magistrate Judge James M. Wicks on 3/24/2022. (Ortiz, Grisel) (Entered: 03/24/2022)

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  • 03/18/2022
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  • Docket(#8) NOTICE of Appearance by Jeffrey W. Brecher on behalf of Advance Stores Company, Inc. (aty to be noticed) (Brecher, Jeffrey) (Entered: 03/18/2022)

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  • 03/17/2022
  • DocketORDER TO SHOW CAUSE: In light of Rosario v. Icon Burger Acquisition LLC, 21-cv-4313 (JS)(ST), 2022 WL 198503 (E.D.N.Y. Jan. 21, 2022) and the cases cited therein, plaintiff is directed to Show Cause why this matter should not be dismissed for failure to plausibly allege standing. Counsel for plaintiff is to respond within one week of this order. Counsel for defendant may respond five days thereafter. Ordered by Judge Gary R. Brown on 3/17/2022. c/ecf (Cowan, Timothy) (Entered: 03/17/2022)

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  • 03/03/2022
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  • Docket(#7) WAIVER OF SERVICE Returned Executed by Hugh Birthwright. Advance Stores Company, Inc. waiver sent on 3/3/2022, answer due 5/2/2022. (Mazzaferro, Frank) (Entered: 03/03/2022)

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  • 02/03/2022
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  • Docket(#6) Summons Issued as to Advance Stores Company, Inc. (Tirado, Chelsea) (Entered: 02/03/2022)

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  • 02/02/2022
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  • Docket(#5) In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the 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 may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Jakubowski, Laura) (Main Document 5 replaced on 2/3/2022) (Jakubowski, Laura). (Entered: 02/02/2022)

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  • 02/02/2022
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  • Docket(#4) Proposed Summons. by Hugh Birthwright (Mazzaferro, Frank) (Entered: 02/02/2022)

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  • 02/02/2022
  • DocketCase Assigned to Judge Gary R. Brown and Magistrate Judge James M. Wicks. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Jakubowski, Laura) (Entered: 02/02/2022)

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  • 02/02/2022
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  • Docket(#3) This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Jakubowski, Laura) (Entered: 02/02/2022)

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  • 02/01/2022
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  • Docket(#2) Civil Cover Sheet.. by Hugh Birthwright (Schaffer, Brian) (Entered: 02/01/2022)

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  • 02/01/2022
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  • Docket(#1) COMPLAINT against Advance Stores Company, Inc. filing fee $ 402, receipt number ANYEDC-15250291. Was the Disclosure Statement on Civil Cover Sheet completed -No, filed by Hugh Birthwright. (Attachments: #1 Exhibit A) (Schaffer, Brian) Modified on 2/2/2022 (Jakubowski, Laura). (Entered: 02/01/2022)

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