Crable v. Premier Baths, Inc. et al

Filing 18

DECISION & ORDER that the Clerk forward a copy of this Order and the Amended Complaint (Dkt. No. 14), to the United States Marshal for service upon the named defts at the addresses previously provided by pltf (Dkt. No. 6); that the Clerk provide a co py of this Order and a copy of the Amended Complaint to defts' purported counsel, Michael Goettig, Davis Wright Tremaine LLP, 21st Floor, 1251 Avenue of the Americas, New York, NY 10020-1104; tht defts November 16, 2015 extended deadline to resp ond to pltf's original complaint (Dkt. No. 11) be terminated as moot in light of the filing of the Amended Complaint; that a formal response to pltf's amended complaint be filed by defts or defts' counsel as provided in the Federal Rul es of Civil Procedure, subsequent to service of process on the defts; and that the in-person Initial Conference scheduled for December 21, 2015 and all deadlines associated with the Civil Case Management Plan and Mandatory Disclosures are adjourned without date, to be rescheduled once counsel for defts has appeared in this proceeding Signed by US Magistrate Judge Andrew T. Baxter on 11/4/2015. (see)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK

CHARLES CRABLE,
Plaintiff,
-v.-

5:15-CV-1084
(BKS/ATB)

PREMIER BATHS, INC.,
d/b/a PREMIER CARE IN BATHING,
and BILL KELLY

Defendant.

CHARLES CRABLE
Plaintiff, pro se
ANDREW T. BAXTER, United States Magistrate Judge

DECISION and ORDER
On September 4, 2015, pro se plaintiff Charles Crable filed his Complaint,
together with an application to proceed in forma pauperis (“IFP”). (Dkt. Nos. 1, 2). On
September 9, 2015, after reviewing the Complaint, I issued an Order granting plaintiff’s
application to proceed IFP, and ordering service of process on both defendants by the
United States Marshal. (Dkt. No. 4). Service by mail was completed on September 22,
2015. (Dkt. No. 8, 17). Counsel for defendants, who has not formally appeared in this
matter, and who is not currently admitted to practice in the Northern District of New
York, submitted a letter request dated October 26, 2015, seeking an extension of
defendants’ time to answer to November 16, 2015. I granted this request on October
28, 2015. The clerk also directed defendants’ purported counsel to advise the court in
writing of compliance with this District’s attorney admission requirements and whether

he will remain counsel of record.
Plaintiff filed an Amended Complaint on October 28, 2015, without proof that
service was made upon defendants. The Clerk has now sent me the Amended
Complaint for review. Plaintiff brings this action pursuant to the Fair Labor Standards
Act (“FLSA”), 29 U.S.C. § 201, et. seq., alleging that defendants failed to pay
minimum wage and overtime compensation in accordance with the FLSA. (Dkt. No. 1.)
A review of the Amended Complaint shows that he has added a second FLSA cause of
action, alleging wrongful termination by defendants in retaliation for plaintiff’s
inquiries into the terms of his employment contract. (Dkt. No. 14). This court makes no
finding as to the ultimate merit of any of the claims asserted by plaintiff.
As no counsel of record has appeared for defendants, service of the Amended
Complaint must be made upon both defendants. In light of plaintiff’s IFP status, this
court will order that such service again be completed by the United States Marshal. As
a courtesy, a copy of the Amended Complaint will also be sent to defendants’ purported
counsel, Michael Goettig. Once counsel for defendants has formally appeared, all other
pleadings or notices will be available electronically through the CM/ECF system.
WHEREFORE, it is hereby
ORDERED, that the Clerk forward a copy of this Order and the Amended
Complaint (Dkt. No. 14), to the United States Marshal for service upon the named
defendants at the addresses previously provided by plaintiff (Dkt. No. 6), and it is
ORDERED, that the Clerk provide a copy of this Order and a copy of the
Amended Complaint to defendants’ purported counsel, Michael Goettig, Davis Wright
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Tremaine LLP, 21st Floor, 1251 Avenue of the Americas, New York, New York 100201104; and it is
ORDERED, that defendants’ November 16, 2015 extended deadline to respond
to plaintiff’s original complaint (Dkt. No. 11) be terminated as moot in light of the
filing of the Amended Complaint; and it is
ORDERED, that a formal response to plaintiff’s amended complaint be filed by
the defendants or defendants’ counsel as provided in the Federal Rules of Civil
Procedure, subsequent to service of process on the defendants, and it is
ORDERED, that the in-person Initial Conference scheduled for December 21,
2015 and all deadlines associated with the Civil Case Management Plan and Mandatory
Disclosures are adjourned without date, to be rescheduled once counsel for defendants
has appeared in this proceeding; and it is
ORDERED, that any paper sent by a party to the Court or the Clerk shall be
accompanied by a certificate setting forth the date a true and correct copy of it was
mailed to all opposing parties or their counsel. Any letter or other document
received by the Clerk or the Court which does not include a certificate of service
which clearly states that an identical copy was served upon all opposing parties or
their attorneys may be stricken by the Court. Plaintiff shall also comply with any
requests by the Clerk's Office for any documents that are necessary to maintain this
action. All motions shall comply with the Local Rules of Practice of the Northern
District, and it is further
ORDERED, that the Clerk serve a copy of this Order upon Plaintiff in
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accordance with the Local Rules.

Dated:

November 4, 2015

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