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Labor: Fair Standards | New York Southern
Stipulation and Order
STIPULATION AND CONSENT TO THE FILING OF THE THIRD AMENDED COMPLAINT: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the respective parties, that Defendants Innercity Recycling, Inc., A.J. Recycling Inc., and Andrew Bullaro consent, pursuant to Rule 15 (a) (2) of the Federal Rules of Civil Procedure, to the filing, without material change, of the Third Amended Complaint filed at ECF No. 22, the text of that pleading being identical to the copy annexed to the parties' stipulation at ECF No. 20-1. IT IS FURTHER STIPULATED AND AGREED that Defendants waive any objection to the date on which the Third Amended Complaint was filed, including any objection founded on the August 14, 2026 date fixed by the stipulation so ordered at ECF No. 21 or on the deadline fixed by the Court's July 27, 2026 Order (ECF No. 9), as further set forth herein. IT IS FURTHER STIPULATED AND AGREED that the Third Amended Complaint filed at ECF No. 22 is the operative pleading in this action, is deemed filed and served, and supersedes the First Amended Complaint (ECF No. 11) and the pleading docketed at ECF No. 14, and that the Clerk's Notice to Attorney Regarding Deficient Pleading directed to ECF No. 22 is resolved by the filing of this stipulation. IT IS FURTHER STIPULATED AND AGREED that every other term of the stipulation so ordered at ECF No. 21 remains in full force and effect, including the dismissal with prejudice of Plaintiffs' claim under New York Labor Law section 191, the appearance of Defendant A.J. Recycling Inc. and its acceptance of service and waiver of any defense of insufficient process or insufficient service of process, the withdrawal as moot of the summons issued August 6, 2026 (ECF No. 15), the September 2, 2026 date by which Defendants shall answer, move, or otherwise respond to the Third Amended Complaint, and the reservation of all claims, defenses, objections, and arguments. Nothing in this stipulation constitutes an admission by any party. IT IS FURTHER STIPULATED AND AGREED that this stipulation may be executed in counterparts, and that facsimile or PDF signatures shall be considered original signatures. Granted. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 8/20/2026) (vfr)
Proposed Stipulation and Order
PROPOSED STIPULATION AND ORDER. Document filed by A.J. Recycling Inc., Andrew Bullaro, Innercity Recycling, Inc...(Smith, Christopher)
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