Razzano v. La Bella Marketplace et al
| Michael Razzano and Razzano |
| Antonico Foods Corp., Bella Mia Food Inc., La Bella Marketplace, Frank Pesce, Leonard Pesce and Paul Pesce |
| 1:2014cv05639 |
| September 25, 2014 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Steven M Gold |
| Sterling Johnson |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| None |
Docket Report
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| Filing 35 Letter MOTION to Certify FLSA Collective Action and Court supervised notification to putative class pursuant to 29 U.S.C. 216(b) by Michael Razzano. (Attachments: #1 Exhibit A- Proposed Notice of Pendency of the Action and Consent to Join form, #2 Exhibit B- Proposed Publication Order) (Genova, Alison) |
| Filing 34 Minute Entry for Telephone Conference held on 3/31/2015 before Chief Magistrate Judge Steven M. Gold: Genova for plaintiffs, Gentile for defendants. The parties agree that defendants' motion to dismiss and stay discovery will be withdrawn without prejudice to refile if the case cannot be settled, and that the parties will stipulate to distribution of a Section 216(b) notice. The parties will file a letter or stipulation formalizing their agreement and forwarding the proposed 216(b) notice for the Court's review by April 6. The Court will schedule a settlement conference to be held approximately four weeks after the opt-in period scheduled in the notice has expired. (Vasquez, Lea) |
| Filing 33 CONSENT to become party in a collective action. by Michael Razzano (Attachments: #1 Exhibit A - Consent of Craig Heerlein) (Genova, Alison) |
| Filing 32 CERTIFICATE OF SERVICE by Michael Razzano re #31 Affidavit in Support of Motion, #29 Notice of MOTION to Certify Class Conditionally Pursuant to 29 U.S.C. 216(b), #30 Memorandum in Support (Genova, Alison) |
| Filing 31 AFFIDAVIT/DECLARATION in Support re #29 Notice of MOTION to Certify Class Conditionally Pursuant to 29 U.S.C. 216(b) of Alison L. Genova filed by Michael Razzano. (Attachments: #1 Exhibit Notice of Pendency and Opt-in Form, #2 Exhibit Proposed Publication Order, #3 Exhibit Razzano Declaration, #4 Exhibit Herleein Declaration) (Genova, Alison) |
| Filing 30 MEMORANDUM in Support re #29 Notice of MOTION to Certify Class Conditionally Pursuant to 29 U.S.C. 216(b) filed by Michael Razzano. (Genova, Alison) |
| Filing 29 Notice of MOTION to Certify Class Conditionally Pursuant to 29 U.S.C. 216(b) by Michael Razzano. (Genova, Alison) |
| Filing 28 Letter Motion to Appear by Telephone Joint Letter for Telephonic Conference by Michael Razzano (Genova, Alison) Modified on 3/27/2015 (Vasquez, Lea). |
ORDER granting #28 Motion to Appear by Telephone. The conference scheduled for March 31st will instead be held by telephone. Counsel are to make the arrangements for the call. So Ordered by Chief Magistrate Judge Steven M. Gold on 3/27/2015. (Vasquez, Lea)
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| Filing 27 First MOTION to Adjourn Conference by Antonico Foods Corp., Bella Mia Food Inc., La Bella Marketplace, Frank Pesce, Leonard Pesce, Paul Pesce. (Gentile, Paul) |
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ORDER granting #27 Motion to Adjourn Conference: The conference scheduled for March 20th will instead be held at 3:00 p.m. on March 31st. Counsel for defendants is directed to immediately confirm this new conference date and time with plaintiff's counsel. So Ordered by Chief Magistrate Judge Steven M. Gold on 3/18/2015. (Vasquez, Lea)
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| MOTIONS REFERRED: #23 Motion to Dismiss for Failure to State a Claim and to Stay Discovery Pending Resolution of this Motion to Dismiss referred to Steven M. Gold for Report & Recommendation. (Rodriguez, Ana) |
| Filing 26 REPLY in Support re #23 Motion to Dismiss for Failure to State a Claim and to Stay Discovery Pending Resolution of this Motion to Dismiss filed by All Defendants. (Attachments: #1 Certificate of Service) (Weintraub, Robert) |
| Filing 25 MEMORANDUM in Opposition re #23 Motion to Dismiss for Failure to State a Claim and to Stay Discovery Pending Resolution of this Motion to Dismiss filed by Defendants on behalf of Plaintiff per Judge's "bundling" requirement filed by All Defendants. (Attachments: #1 Certificate of Service) (Weintraub, Robert) |
| Filing 24 MEMORANDUM in Support re #23 Motion to Dismiss for Failure to State a Claim and to Stay Discovery Pending Resolution of this Motion to Dismiss filed by Antonico Foods Corp., Bella Mia Food Inc., La Bella Marketplace, Frank Pesce, Leonard Pesce, Paul Pesce. (Attachments: #1 Certificate of Service) (Weintraub, Robert) |
| Filing 23 Motion to Dismiss for Failure to State a Claim and to Stay Discovery Pending Resolution of this Motion to Dismiss by Antonico Foods Corp., Bella Mia Food Inc., La Bella Marketplace, Frank Pesce, Leonard Pesce, Paul Pesce. (Attachments: #1 Certification of Robert B. Weintraub, Pursuant to Federal Rule of Civil Procedure 26(c), In Support of Defendants' Motion to Dismiss and to Stay Discovery Pending the Decision on the Dismissal Motion, #2 Certificate of Service) (Weintraub, Robert) |
| Filing 22 Minute Entry for Initial Conference Hearing held on 1/14/2015 before Chief Magistrate Judge Steven M. Gold: Genova and Murphy for plaintiff, Weintraub and Gentile for defendants. Defendants' application for a complete stay of discovery is denied. Rule 26(a)(1) disclosures will be made by January 30, and will include all records of the hours plaintiff worked and the wages he was paid in any party's possession, custody or control. Plaintiff may file a 216(b) motion without first seeking a premotion conference, but only after discussing with defendants whether the application will be opposed. THE COURT WILL HOLD A STATUS CONFERENCE AT 11:30 AM ON MARCH 20, 2015. The conference will be held in person unless counsel jointly apply to have the conference held by telephone. (Vasquez, Lea) |
| Filing 21 NOTICE of Appearance by Robert B. Weintraub on behalf of All Defendants (aty to be noticed) (Weintraub, Robert) |
| Filing 20 NOTICE of Appearance by Gregory M. Nespole on behalf of All Defendants (aty to be noticed) (Nespole, Gregory) |
| Filing 19 NOTICE of Appearance by Paul T. Gentile on behalf of Antonico Foods Corp. d/b/a/ La Bella Marketplace, Bella Mia Food Inc., La Bella Marketplace, Frank Pesce, Leonard Pesce, Paul Pesce (notification declined or already on case) (Gentile, Paul) |
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Filing 18
SCHEDULING ORDER: An in-person initial conference will be held at 12:00 p.m. on January 14, 2015 before the undersigned in Courtroom 13-D South. Counsel are directed to refer to and comply with the attached Order. So Ordered by Chief Magistrate Judge Steven M. Gold on 12/17/2014. (Attachments: #1 Chambers Individual Rules) (Vasquez, Lea)
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ORDER TO ANSWER: The #17 Stipulation filed by Paul Pesce, Antonico Foods Corp. d/b/a/ La Bella Marketplace, Leonard Pesce, Bella Mia Food Inc., La Bella Marketplace, Frank Pesce extending the time to answer to January 9th is approved and hereby entered as an Order of the Court. So Ordered by Chief Magistrate Judge Steven M. Gold on 12/17/2014. (Vasquez, Lea)
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| Filing 17 STIPULATION Stipulation extending time by Antonico Foods Corp. d/b/a/ La Bella Marketplace, Bella Mia Food Inc., La Bella Marketplace, Frank Pesce, Leonard Pesce, Paul Pesce (Gentile, Paul) |
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ORDER granting #16 Motion for Extension of Time to Answer Antonico Foods Corp. d/b/a/ La Bella Marketplace answer due 12/22/2014; Bella Mia Food Inc. answer due 12/22/2014; Frank Pesce answer due 12/22/2014; Leonard Pesce answer due 12/22/2014; Paul Pesce answer due 12/22/2014. So Ordered by Chief Magistrate Judge Steven M. Gold on 11/25/2014. (Vasquez, Lea)
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| Filing 16 MOTION for Extension of Time to File Answer to extend time by Antonico Foods Corp. d/b/a/ La Bella Marketplace, Bella Mia Food Inc., La Bella Marketplace, Frank Pesce, Leonard Pesce, Paul Pesce (Gentile, Paul) Modified on 11/25/2014 (Vasquez, Lea). |
| Filing 15 STIPULATION by Michael Razzano (Gentile, Paul) |
| Filing 14 SUMMONS Returned Executed by Michael Razzano. Leonard Pesce served on 10/14/2014, answer due 11/4/2014. (Ambinder, Lloyd) |
| Filing 13 SUMMONS Returned Executed by Michael Razzano. Frank Pesce served on 10/16/2014, answer due 11/6/2014. (Ambinder, Lloyd) |
| Filing 12 SUMMONS Returned Executed by Michael Razzano. Paul Pesce served on 10/16/2014, answer due 11/6/2014. (Ambinder, Lloyd) |
| STATUS REPORT ORDER: The date for defendants to answer has expired and there has been no further activity in this case. Accordingly, counsel for plaintiff is directed to electronically file a status report by 11/21/2014. So Ordered by Chief Magistrate Judge Steven M. Gold on 11/14/2014. (Vasquez, Lea) |
| Filing 11 SUMMONS Returned Executed by Michael Razzano. Antonico Foods Corp. d/b/a/ La Bella Marketplace served on 10/9/2014, answer due 10/30/2014. (Ambinder, Lloyd) |
| Filing 10 SUMMONS Returned Executed by Michael Razzano. Bella Mia Food Inc. served on 10/9/2014, answer due 10/30/2014. (Ambinder, Lloyd) |
| Filing 9 SUMMONS Returned Executed by Michael Razzano. Leonard Pesce served on 10/14/2014, answer due 11/4/2014. (Ambinder, Lloyd) |
| Filing 8 SUMMONS Returned Executed by Michael Razzano. Frank Pesce served on 10/14/2014, answer due 11/4/2014. (Ambinder, Lloyd) |
| Filing 7 SUMMONS Returned Executed by Michael Razzano. Paul Pesce served on 10/9/2014, answer due 10/30/2014. (Ambinder, Lloyd) |
| Filing 6 FIRST AMENDED Summons Issued as to Antonico Foods Corp. d/b/a/ La Bella Marketplace, Bella Mia Food Inc., Frank Pesce, Leonard Pesce, Paul Pesce. (Galeano, Sonia) |
| Filing 5 NOTICE of Appearance by Lloyd Robert Ambinder on behalf of Michael Razzano (aty to be noticed) (Ambinder, Lloyd) |
| Filing 4 AMENDED COMPLAINT against Bella Mia Food Inc., Frank Pesce, Leonard Pesce, Paul Pesce, Antonico Foods Corp. d/b/a/ La Bella Marketplace, filed by Michael Razzano. (Attachments: #1 Proposed Summons 1st Amended Summons - Proposed) (Genova, Alison) |
| Filing 3 Summons Issued as to Bella Mia Food Inc., La Bella Marketplace, Frank Pesce, Leonard Pesce, Paul Pesce. (Davis, Kimberly) |
| Filing 2 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. (Davis, Kimberly) |
| Case Assigned to Judge Sterling Johnson, Jr and Chief Mag. Judge Steven M. Gold. (Davis, Kimberly) |
| This attorney case opening filing has been checked for quality control. The following corrections were made: Made correction to plaintiff name and add party text description. (Davis, Kimberly) |
| Filing 1 COMPLAINT against Bella Mia Food Inc., La Bella Marketplace, Frank Pesce, Leonard Pesce, Paul Pesce filing fee $ 400, receipt number 0207-7223534 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Michael Razzano.(Attachments: #1 Proposed Summons, #2 Civil Cover Sheet) (Genova, Alison) Modified on 9/26/2014 (Davis, Kimberly). |
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