Judge 
Party 
Law Firm Abbott-Marsh v. Arnot Health, Inc.
6:23-cv-06685 | New York Western District Court
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Division
Rochester
Judge
Hon. Frank P. Geraci, Jr.
Filed
Dec. 1, 2023
Case Flags
CASREF
and
MEDIATION
Magistrate
Hon. Mark W. Pedersen
Nature of Suit
710 Labor - Fair Labor Standards Act
Cause
28:1331 Fed. Question: Fair Labor Standards
Jury Demand
Both
Last Updated: 4 weeks ago
Show Interactive Timeline
| Filing Date | # | Docket Text |
|---|---|---|
| 11/14/2024 | 37 | TEXT ORDER granting 35 Motion for Extension of Time to Extend Certain Deadlines in current Scheduling Order filed by Arnot Health, Inc.. Amended Scheduling Order to be issued. Signed by Hon. Mark W. Pedersen on 11/14/2024. (JB) (Entered: 11/14/2024) |
| 10/29/2024 | 36 | Mediation Certification by Fernando Santiago. The case has not settled mediation will continue on 12/10/2024.(Santiago, Fernando) (Entered: 10/29/2024) |
| 10/29/2024 | E-Filing Notification: Clerk revised docket text of 35 to "LETTER MOTION for Extension of Time" to reflect the correct filing event. In the future, kindly file similar letters seeking some form of relief as Letter Motions. (JHF) (Entered: 10/29/2024) | |
| 10/29/2024 | 35 | LETTER MOTION for Extension of Time to Extend Certain Deadlines in current Scheduling Order filed by Arnot Health, Inc. (Whitaker, Robert) Modified on 10/29/2024 (JHF). (Entered: 10/29/2024) |
| 9/23/2024 | 34 | CONSENT TO BECOME A PARTY PLAINTIFF by Joseph Francis Scott on behalf of Katelyn Abbott-Marsh. (Attachments: # 1 Exhibit redacted consent form for sean l. murray)(Scott, Joseph) (Entered: 09/23/2024) |
| 9/12/2024 | 33 | STIPULATION of Protective Order by Katelyn Abbott-Marsh. (Lesser, Seth) (Entered: 09/12/2024) |
| 9/12/2024 | 32 | Stipulation-Selection of Mediator by Arnot Health, Inc. (Whitaker, Robert) (Entered: 09/12/2024) |
| 9/3/2024 | E-Filing Notification re 31 NOTICE: please note that there is an existing CM/ECF event designed for filing this type of document: Consent to Become a Party Plaintiff found under "Civil Events/Other Filings/Other Documents/Consent to Become a Party Plaintiff." (JHF) (Entered: 09/03/2024) | |
| 9/3/2024 | 31 | NOTICE by Katelyn Abbott-Marsh of Filing Consent Forms (Attachments: # 1 Exhibit redacted consent forms for Nastassia Rodriguez and Karen Willsey)(Scott, Joseph) (Entered: 09/03/2024) |
| 8/26/2024 | 30 | NOTICE by Katelyn Abbott-Marsh of Filing Consent Form (Attachments: # 1 Exhibit A, redacted consent form for Jennifer Fantazier) (Scott, Joseph) (Entered: 08/26/2024) |
| 8/23/2024 | 29 | NOTICE by Katelyn Abbott-Marsh (Attachments: # 1 Exhibit A, redacted consent form for Erica Wright) (Scott, Joseph) (Entered: 08/23/2024) |
| 8/15/2024 | 28 | SCHEDULING/CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Mandatory Disclosures due by 8/21/2024. Stipulation of Selection of Mediator due by 9/12/2024. Motions to Join Parties/Amend Pleadings due by 10/16/2024. First Mediation Session due by 10/25/2024.. Signed by Hon. Mark W. Pedersen on 8/15/2024. (JB) (Entered: 08/15/2024) |
| 8/14/2024 | 27 | Minute Entry for proceedings held before Hon. Mark W. Pedersen: Scheduling Conference held on 8/14/2024. Appearances: Seth Richard Lesser, Esq.; Robert C. Whitaker, Jr., Esq.. Parties agree to a proposed schedule, Scheduling Order to be issued. (Court Reporter AT&T Conference.) (JB) (Entered: 08/15/2024) |
| 8/7/2024 | 26 | NOTICE by Katelyn Abbott-Marsh of filing consent form of Cari Rakich to join collective class action (Attachments: # 1 Exhibit A--Consent to Join)(Lesser, Seth) (Entered: 08/07/2024) |
| 8/2/2024 | 25 | DISCOVERY PLAN by Katelyn Abbott-Marsh.(Lesser, Seth) (Entered: 08/02/2024) |
| 7/19/2024 | 24 | NOTICE of Appearance by Emily A. Middlebrook on behalf of Arnot Health, Inc. (Middlebrook, Emily) (Entered: 07/19/2024) |
| 7/17/2024 | 23 | ORDER: Scheduling Conference set for 8/14/2024 at 9:45 AM before Hon. Mark W. Pedersen. A joint proposed discovery plan is due to be filed at least 4 business days prior to the conference. Signed by Hon. Mark W. Pedersen on 7/17/2024. (JB) (Entered: 07/17/2024) |
| 7/15/2024 | 22 | Letter filed by Katelyn Abbott-Marsh regarding a joint request for an initial pretrial conference. (Lesser, Seth) (Entered: 07/15/2024) |
| 6/24/2024 | 21 | TEXT ORDER REFERRING CASE to Hon. Mark W. Pedersen, United States Magistrate Judge, for all pretrial matters excluding dispositive motions. The parties are encouraged to consider consenting to Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 636(c). Consent forms are available from the chambers of the Magistrate Judge or the office of the Clerk of Court. The parties may give consent to a Magistrate Judge to conduct all proceedings and enter a final order dispositive of each motion; or such consent may be given for a limited purpose such as the disposition of a particular motion that would otherwise be before the District Judge in the absence of such consent. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 6/24/2024. (MFM) (Entered: 06/24/2024) |
| 6/18/2024 | 20 | Partial ANSWER to 1 Complaint as to Count 3 by Arnot Health, Inc..(Whitaker, Robert) (Entered: 06/18/2024) |
| 5/28/2024 | 19 | DECISION AND ORDER: For the reasons stated in the Order, Defendant's 9 motion to dismiss count three of the complaint is DENIED. Defendant shall answer count three of Plaintiff's complaint on or before June 18, 2024. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 5/28/2024. (AJW) (Entered: 05/28/2024) |
| 4/17/2024 | 18 | NOTICE by Katelyn Abbott-Marsh of filing consent form of Brian Sage to join collective class action (Attachments: # 1 Exhibit A--Consent Form)(Lesser, Seth) (Entered: 04/17/2024) |
| 3/28/2024 | 17 | REPLY to Response to Motion re 9 MOTION to Dismiss Count 3 of the Complaint filed by Arnot Health, Inc.. (Whitaker, Robert) (Entered: 03/28/2024) |
| 3/25/2024 | 16 | ORDER granting 15 motion to appear pro hac vice. Attorney Ryan A. Winters is admitted to this Court pro hac vice for the purpose of representing Plaintiff in this action. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 3/25/2024. (RWW) Clerk to Follow up (Entered: 03/25/2024) |
| 3/22/2024 | 15 | MOTION to appear pro hac vice Ryan A. Winters ( Filing fee $ 200 receipt number ANYWDC-5137219.) by Katelyn Abbott-Marsh. (Attachments: # 1 Motion for Admission Pro Hac Vic, # 2 Admission Petition, # 3 Affidavit Lesser Sponsor, # 4 Attorney Oath, # 5 Civility Oath, # 6 ECF Registration, # 7 Certificate of Good Standing)(Lesser, Seth) (Entered: 03/22/2024) |
| 3/13/2024 | 14 | MEMORANDUM in Opposition re 9 MOTION to Dismiss Count 3 of the Complaint filed by Katelyn Abbott-Marsh. (Attachments: # 1 Declaration of Seth R. Lesser, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Lesser, Seth) (Entered: 03/13/2024) |
| 2/13/2024 | AUTOMATIC REFERRAL TO MEDIATION. Pursuant to Section 2.1(A) of the Plan for Alternative Dispute Resolution in the United States District Court for the Western District of New York (the ADR Plan), this case is automatically referred to ADR. To access the ADR Plan and for inquiries regarding the Court's ADR Program please review the Court's ADR webpage and/or contact the Court's ADR Administrator at adrprogram@nywd.uscourts.gov.' Prior to the Local Rule 16 scheduling conference, counsel and unrepresented parties shall review the ADR Plan and confer with each other regarding ADR for this case. Unless the parties agree to a different intervention, it is presumed they will participate in mediation. The parties shall be prepared to report on the outcome of their ADR discussion at the scheduling conference, as the initial Scheduling Order for this case will establish ADR deadlines in accordance with the ADR Plan. (JHF) (Entered: 02/13/2024) | |
| 2/13/2024 | E-Filing Notification: Clerk revised docket text of 9 MOTION to Dismiss to clarify the filing event. (JHF) (Entered: 02/13/2024) | |
| 2/13/2024 | 13 | TEXT SCHEDULING ORDER: On February 12, 2024, Defendant filed a 9 Motion to Dismiss Count Three of the Complaint. Plaintiff's response is due by March 13, 2024, and Defendant may file a reply within 15 days after Plaintiff's response is filed. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 2/13/2024. (RWW) (Entered: 02/13/2024) |
| 2/13/2024 | 12 | ORDER granting 7 motion to appear pro hac vice. Attorney Kevin M. McDermott II is admitted to this Court pro hac vice for the purpose of representing Plaintiff in this action. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 2/13/2024. (RWW) Clerk to Follow up (Entered: 02/13/2024) |
| 2/13/2024 | 11 | ORDER granting 6 motion to appear pro hac vice. Attorney Joseph F. Scott is admitted to this Court pro hac vice for the purpose of representing Plaintiff in this action. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 2/13/2024. (RWW) Clerk to Follow up (Entered: 02/13/2024) |
| 2/12/2024 | 10 | Partial ANSWER to 1 Complaint by Arnot Health, Inc. (Whitaker, Robert) (Entered: 02/12/2024) |
| 2/12/2024 | 9 | MOTION to Dismiss Count 3 of the Complaint by Arnot Health, Inc. (Attachments: # 1 Memorandum in Support of Defendant's Partial Motion to Dismiss) (Whitaker, Robert) Modified on 2/13/2024 (JHF). (Entered: 02/12/2024) |
| 1/18/2024 | E-Filing Notification: Clerk revised docket text of 8 CONTINUATION OF EXHIBITS to clarify the filing event. (JHF) (Entered: 01/18/2024) | |
| 1/18/2024 | 8 | CONTINUATION OF EXHIBITS to 6 MOTION to appear pro hac vice as to Joseph F. Scott by Katelyn Abbott-Marsh. (Attachments: # 1 Civility Oath, # 2 ECF Registration) (Lesser, Seth) Modified on 1/18/2024 (JHF). (Entered: 01/18/2024) |
| 1/16/2024 | 7 | MOTION to appear pro hac vice Kevin M. McDermott II ( Filing fee $ 200 receipt number ANYWDC-5081082.) by Katelyn Abbott-Marsh. (Attachments: # 1 Motion for Admission Pro Hac Vice, # 2 Admission Petition, # 3 Affidavit Lesser Sponsor, # 4 Attorney Oath, # 5 Civility Oath, # 6 ECF Registration, # 7 Certificate of Good Standing)(Lesser, Seth) (Entered: 01/16/2024) |
| 1/16/2024 | E-Filing Notification: 6 MOTION to appear pro hac vice of Joseph F. Scott ACTION REQUIRED: Pro Hac Vice admission documents are incomplete. The Admission Sponsoring Affidavit is not signed, the Civility Principles Oath is missing and the first page of the Attorney Database and CM/ECF Registration Form is missing. File completed documents using docketing event: Continuation of Exhibits. (DDS) (Entered: 01/16/2024) | |
| 1/11/2024 | 6 | MOTION to appear pro hac vice of Joseph F. Scott ( Filing fee $ 200 receipt number ANYWDC-5078667.) by Katelyn Abbott-Marsh. (Attachments: # 1 Motion for Admission Pro Hac Vice, # 2 Admission Petition, # 3 Affidavit Lesser Sponsor, # 4 Attorney Oath, # 5 Civility Oath, # 6 Certificate of Good Standing)(Lesser, Seth) (Entered: 01/11/2024) |
| 12/21/2023 | 5 | Corporate Disclosure Statement by Arnot Health, Inc. (Whitaker, Robert) (Entered: 12/21/2023) |
| 12/21/2023 | ATTENTION ALL PLAINTIFFS OR INTERVENORS: Pursuant to Fed. R. Civ. P.7.1 and/or General Order No. 157. In the Matter of Disclosure of Members, Shareholders, Partners, and Leaders of Business Organization Parties, all Disclosure Statements are to be filed within seven (7) days of this notice. (KM) (Entered: 12/21/2023) | |
| 12/14/2023 | 4 | WAIVER OF SERVICE Returned Executed by Arnot Health, Inc.,. Arnot Health, Inc., waiver sent on 12/14/2023, answer due 2/12/2024. (Whitaker, Robert) (Entered: 12/14/2023) |
| 12/13/2023 | 3 | NOTICE of Appearance by Robert C. Whitaker, Jr on behalf of Arnot Health, Inc. (Whitaker, Robert) (Entered: 12/13/2023) |
| 12/4/2023 | 2 | Summons Issued as to Arnot Health, Inc. (TMK) (Entered: 12/04/2023) |
| 12/4/2023 | Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (TMK) (Entered: 12/04/2023) | |
| 12/4/2023 | AUTOMATIC REFERRAL to Mediation: the ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK) (Entered: 12/04/2023) | |
| 12/4/2023 | Case Assigned to Hon. Frank P. Geraci, Jr. Notification to Chambers of on-line civil case opening. (TMK) (Entered: 12/04/2023) | |
| 12/1/2023 | 1 | COMPLAINT against Arnot Health, Inc., $ 405 receipt number ANYWDC-5044804, filed by Katelyn Abbott-Marsh. (Attachments: # 1 Exhibit A--Consent Form, # 2 Civil Cover Sheet, # 3 Summons)(Lesser, Seth) (Entered: 12/01/2023) |
