| Court: | nysd |
| Docket #: | 1:16-cv-05754 |
| Case Name: | Bynoe et al v. Century First Credit Solutions, Inc. et al |
| PACER case #: | 460547 |
| Date filed: | 2016-07-19 |
| Assigned to: | Judge Ronnie Abrams |
| Referred to: | Magistrate Judge James L. Cott |
| Case Cause: | 29:201 Fair Labor Standards Act |
| Nature of Suit: | 710 Labor: Fair Standards |
| Jury Demand: | Both |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Shauntay Bynoe Plaintiff TERMINATED: 10/25/2016 |
Raymond Nardo |
| Collins Francis Plaintiff |
Raymond Nardo |
| Harvey Rosman Plaintiff TERMINATED: 10/25/2016 |
Raymond Nardo |
| Starlin Mata Plaintiff TERMINATED: 10/25/2016 |
Raymond Nardo |
| Gregory Barker Plaintiff TERMINATED: 10/25/2016 |
Raymond Nardo |
| Hananiah Shabazz Plaintiff TERMINATED: 10/25/2016 |
Raymond Nardo |
| Alioune Sy Plaintiff TERMINATED: 10/25/2016 |
Raymond Nardo |
| Century First Credit Solutions, Inc. Defendant |
Christopher Quincy Davis Brian Lee Greben Rachel Meredith Haskell |
| William Nowottny Defendant |
Christopher Quincy Davis Brian Lee Greben Rachel Meredith Haskell |
| Richard Thomas Hale Defendant |
Christopher Quincy Davis Brian Lee Greben Rachel Meredith Haskell |
| Ingo Nowottny Defendant jointly and severally |
Christopher Quincy Davis Brian Lee Greben Rachel Meredith Haskell |
| Ingo Nowottny Counter Claimant jointly and severally |
Christopher Quincy Davis Brian Lee Greben |
| William Nowottny Counter Claimant |
Christopher Quincy Davis Brian Lee Greben |
| Century First Credit Solutions, Inc. Counter Claimant |
Christopher Quincy Davis Brian Lee Greben |
| Richard Thomas Hale Counter Claimant |
Christopher Quincy Davis Brian Lee Greben |
| Collins Francis Counter Defendant |
Raymond Nardo |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2016-07-19 | 1 | 0 | COMPLAINT against Century First Credit Solutions, Inc., Richard Thomas Hale, Ingo Nowottny, William Nowottny. (Filing Fee $ 400.00, Receipt Number 0208-12553873)Document filed by hananiah shabazz, harvey rosman, alioune sy, Collins Francis, Shauntay Bynoe, starlin mata, gregory barker.(Nardo, Raymond) (Entered: 07/19/2016) | |||
| 2016-07-19 | 2 | 0 | CIVIL COVER SHEET filed. (Nardo, Raymond) (Entered: 07/19/2016) | |||
| 2016-07-19 | 3 | 0 | FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED - BLANK SUMMONS FORM - REQUEST FOR ISSUANCE OF SUMMONS as to Shauntay Bynoe, Collins Francis, Harvey Rosman, Starlin Mata, Gregory Barker, Hananiah Shabazz, Alioune Sy, re: 1 Complaint,. Document filed by Shauntay Bynoe, Collins Francis, gregory barker, starlin mata, harvey rosman, hananiah shabazz, alioune sy. (Nardo, Raymond) Modified on 7/20/2016 (rch). (Entered: 07/19/2016) | |||
| 2016-07-20 | 4 | 0 | FILING ERROR - DEFICIENT PLEADING - FILER ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Shauntay Bynoe, Collins Francis, Harvey Rosman, Starlin Mata, Gregory Barker, Hananiah Shabazz, Alioune Sy, re: 1 Complaint,. Document filed by Gregory Barker, Shauntay Bynoe, Collins Francis, Starlin Mata, Harvey Rosman, Hananiah Shabazz, Alioune Sy. (Nardo, Raymond) Modified on 7/21/2016 (pc). (Entered: 07/20/2016) | |||
| 2016-07-21 | 5 | 0 | ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge James L. Cott. (Signed by Judge Ronnie Abrams on 7/21/2016) (mro) (Entered: 07/21/2016) | |||
| 2016-07-21 | 6 | 0 | REQUEST FOR ISSUANCE OF SUMMONS as to Century First Credit Solutins, Inc., William Nowottny, Richard Thomas Hale, Ingo Nowottny, re: 1 Complaint,. Document filed by Gregory Barker, Shauntay Bynoe, Collins Francis, Starlin Mata, Harvey Rosman, Hananiah Shabazz, Alioune Sy. (Nardo, Raymond) (Entered: 07/21/2016) | |||
| 2016-07-21 | 7 | 0 | ELECTRONIC SUMMONS ISSUED as to Century First Credit Solutions, Inc., Richard Thomas Hale, Ingo Nowottny, William Nowottny. (pc) (Entered: 07/21/2016) | |||
| 2016-07-28 | 8 | 0 | SUMMONS RETURNED EXECUTED Summons and Complaint, served. Century First Credit Solutions, Inc. served on 7/26/2016, answer due 8/16/2016. Service was accepted by Mark Gagayan. Document filed by Hananiah Shabazz; Harvey Rosman; Alioune Sy; Collins Francis; Shauntay Bynoe; Starlin Mata; Gregory Barker. (Nardo, Raymond) (Entered: 07/28/2016) | |||
| 2016-07-28 | 9 | 0 | SUMMONS RETURNED EXECUTED Summons and Complaint, served. Richard Thomas Hale served on 7/27/2016, answer due 8/17/2016. Service was accepted by Mark Gagayan. Service was made by MAIL. Document filed by Hananiah Shabazz; Harvey Rosman; Alioune Sy; Collins Francis; Shauntay Bynoe; Starlin Mata; Gregory Barker. (Nardo, Raymond) (Entered: 07/28/2016) | |||
| 2016-07-28 | 10 | 0 | SUMMONS RETURNED EXECUTED Summons and Complaint, served. Ingo Nowottny served on 7/27/2016, answer due 8/17/2016. Service was accepted by Mark Gagayan. Service was made by Mail. Document filed by Hananiah Shabazz; Harvey Rosman; Alioune Sy; Collins Francis; Shauntay Bynoe; Starlin Mata; Gregory Barker. (Nardo, Raymond) (Entered: 07/28/2016) | |||
| 2016-07-28 | 11 | 0 | SUMMONS RETURNED EXECUTED Summons and Complaint, served. William Nowottny served on 7/27/2016, answer due 8/17/2016. Service was accepted by Mark Gagayan. Service was made by Mail. Document filed by Hananiah Shabazz; Harvey Rosman; Alioune Sy; Collins Francis; Shauntay Bynoe; Starlin Mata; Gregory Barker. (Nardo, Raymond) (Entered: 07/28/2016) | |||
| 2016-09-06 | 12 | 0 | ORDER: Plaintiffs initiated this action on July 19, 2016. Defendant Century First Credit Solutions, Inc. was served on July 26, 2016. Defendants Richard Thomas Hale, Ingo Nowottny, and Willian Nowottny were served on July 26, 2016. Defendants have not answered or otherwise appeared in this case. The Court shall allow Defendants until September 23, 2016 to file a responsive pleading. If Defendants fail to respond, and Plaintiffs seek to move for default, they shall have until October 24, 2016 to do so. Plaintiffs are ordered to serve a copy of this Order on Defendants by hand or by first-class mail with return receipt requested by September 12, 2016. (Signed by Judge Ronnie Abrams on 9/6/2016) (cf) (Entered: 09/07/2016) | |||
| 2016-09-07 | 13 | 0 | STIPULATION EXTENDING DEFENDANTS' TIME TO RESPOND TO COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between the Parties in the above captioned action, acting by means of their respective counsel, that the Defendants CENTURY FIRST CREDIT SOLUTIONS, Inc., WILLIAM NOWOTTNY, RICHARD THOMAS HALE, an individual, INGO NOWOTTNY agree to (i) waive all defenses to invalid service of process, (ii) accept service of the Complaint and (iii) the above defendants time to respond to the complaint shall be extended until September 15, 2016. Century First Credit Solutions, Inc. answer due 9/15/2016; Richard Thomas Hale answer due 9/15/2016; Ingo Nowottny answer due 9/15/2016; William Nowottny answer due 9/15/2016. (Signed by Judge Ronnie Abrams on 9/7/2016) (mro) (Entered: 09/08/2016) | |||
| 2016-09-16 | 14 | 0 | NOTICE OF APPEARANCE by Christopher Quincy Davis on behalf of Century First Credit Solutions, Inc., Richard Thomas Hale, Ingo Nowottny, William Nowottny. (Davis, Christopher) (Entered: 09/16/2016) | |||
| 2016-09-16 | 15 | 0 | ANSWER to 1 Complaint, with JURY DEMAND., COUNTERCLAIM against Collins Francis. Document filed by Ingo Nowottny, William Nowottny, Century First Credit Solutions, Inc., Richard Thomas Hale.(Davis, Christopher) (Entered: 09/16/2016) | |||
| 2016-09-16 | 16 | 0 | MOTION to Compel Arbitration as to certain plaintiffs. Document filed by Century First Credit Solutions, Inc., Richard Thomas Hale.(Davis, Christopher) (Entered: 09/16/2016) | |||
| 2016-09-16 | 17 | 0 | MEMORANDUM OF LAW in Support re: 16 MOTION to Compel Arbitration as to certain plaintiffs. . Document filed by Century First Credit Solutions, Inc., Richard Thomas Hale. (Davis, Christopher) (Entered: 09/16/2016) | |||
| 2016-09-16 | 18 | 0 | DECLARATION of Christopher Q. Davis in Support re: 16 MOTION to Compel Arbitration as to certain plaintiffs.. Document filed by Century First Credit Solutions, Inc., Richard Thomas Hale. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Davis, Christopher) (Entered: 09/16/2016) | |||
| 2016-09-16 | 19 | 0 | NOTICE OF APPEARANCE by Rachel Meredith Haskell on behalf of Century First Credit Solutions, Inc., Richard Thomas Hale, Ingo Nowottny, William Nowottny. (Haskell, Rachel) (Entered: 09/16/2016) | |||
| 2016-09-28 | 20 | 0 | ANSWER to Complaint. Document filed by Collins Francis.(Nardo, Raymond) (Entered: 09/28/2016) | |||
| 2016-10-13 | 21 | 0 | MEMO ENDORSEMENT on STIPULATION AND ORDER OF VOLUNTARY DISMISSAL: It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, against the defendant(s) All Defendants pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. ENDORSEMENT: Application denied. Rule 41(a)(1) (A)(i) of the Federal Rules of Civil Procedure permits a party to voluntarily dismiss "before the opposing party serves either an answer or a motion for summary judgment." On September 16, 2016, Defendants answered the complaint; therefore, voluntary dismissal without a court order is available only by means of a "stipulation of dismissal signed by all parties who have appeared. " Fed. R. Civ. Pro. 41(a)(1)(A)(ii). Defendants shall notify the Court no later than October 19, 2016 whether they consent to dismissal without prejudice. SO ORDERED. (Signed by Judge Ronnie Abrams on 10/13/2016) (cf) (Entered: 10/13/2016) | |||
| 2016-10-19 | 22 | 0 | LETTER addressed to Judge Ronnie Abrams from Rachel M. Haskell dated October 19, 2016 re: Defendants consent to dismissal without prejudice. Document filed by Century First Credit Solutions, Inc., Richard Thomas Hale, Ingo Nowottny, William Nowottny.(Haskell, Rachel) (Entered: 10/19/2016) | |||
| 2016-10-25 | 23 | 0 | ORDER: On July 19, 2016, Plaintiffs Shauntay Bynoe, Collins Francis, Harvey Rosman, Starlin Mata, Gregory Barker, Hananiah Shabazz, and Alioune Sy filed a complaint against Defendants Century First Credit Solutions, Inc., William Nowottny, Richard Thomas Hale, and Ingo Nowottny. Dkt. 1. (As further set forth in this Order.) Accordingly, the claims of Shauntay Bynoe, Harvey Rosman, Starlin Mata, Gregory Barker, Hananiah Shabazz, and Alioune Sy are hereby dismissed without prejudice. The Clerk of Court is respectfully ordered to remove these parties from the caption. Starlin Mata, Harvey Rosman, Hananiah Shabazz, Alioune Sy, Gregory Barker and Shauntay Bynoe terminated. (Signed by Judge Ronnie Abrams on 10/25/2016) (cf) (Entered: 10/25/2016) | |||
| 2016-12-06 | 24 | 0 | NOTICE OF APPEARANCE by Brian Lee Greben on behalf of Century First Credit Solutions, Inc., Richard Thomas Hale, Ingo Nowottny, William Nowottny. (Greben, Brian) (Entered: 12/06/2016) | |||
| 2017-04-12 | 25 | 0 | ORDER: denying as moot 16 Motion to Compel Arbitration. On July 19, 2016, Plaintiffs Shauntay Bynoe, Collins Francis, Harvey Rosman, Starlin Mata, Gregory Barker, Hananiah Shabazz, and Alioune Sy filed a complaint against Defendants, Century First Credit Solutions, Inc., William Nowottny, Richard Thomas Hale, and Ingo Nowottny. See Dkt. 1. On September 16, 2016, Defendants filed an answer, asserted a counter-claim against Francis, and moved to compel arbitration against Bynoe, Rosman, Mata, Barker, Shabazz, and Sy. See Dkts. 15, 16. On September 28, 2016, Francis filed an answer to Defendants' counterclaim. See Dkt. 20. On October 25, 2016, the Court granted Plaintiffs' request to dismiss the claims of Bynoe, Rosman, Mata, Barker, Shabazz, and Sy. See Dkt. 23. Because the Plaintiffs against whom Defendants moved to compel arbitration are no longer parties to this action, Defendants' motion to compel arbitration is denied as moot. The remaining claims in this action are Francis's claims against Defendants and Defendants' counterclaim against Francis. The parties to submit a status report no later than April 19, 2017. The Clerk of Court is respectfully directed to terminate the motion pending at Docket No. 16. (Signed by Judge Ronnie Abrams on 4/12/2017) (ap) (Entered: 04/12/2017) | |||
| 2017-04-18 | 26 | 0 | STATUS REPORT. Document filed by Century First Credit Solutions, Inc., Richard Thomas Hale, Ingo Nowottny, William Nowottny.(Greben, Brian) (Entered: 04/18/2017) | |||
| 2017-04-19 | 27 | 0 | ORDER FOR CONFERENCE PURSUANT TO RULE 16: Initial Conference set for 5/8/2017 at 03:00 PM in Courtroom 21D, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James L. Cott, and as further set forth in this Order. (Signed by Magistrate Judge James L. Cott on 4/19/2017) (rjm) (Entered: 04/19/2017) | |||
| 2017-05-08 | 28 | 0 | SCHEDULING ORDER: The estimated length of trial is three days. Plaintiff has requested a jury trial. The Court will hold a status conference on October 6 at 10 am in Courtroom 21D, 500 Pearl Street. Motions due by 8/31/2017. Deposition due by 9/29/2017. Discovery due by 9/29/2017. Status Conference set for 10/6/2017 at 10:00 AM in Courtroom 21D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James L. Cott. (Signed by Magistrate Judge James L. Cott on 5/8/2017) (kgo) (Entered: 05/08/2017) |