Sarmento et al v. F&P, Inc -Ovation Payroll, LLC et al
| Joshua Silva, Armando Sarmento and Mercedes Tejada-Urena |
| Thomas W Sudberry, Jr., Hometown Buffets, LLC, Buffets, LLC, Vitanova Brands, F&P LLC, F&P, Inc -Ovation Payroll, LLC, FMP, INC.-Ovation Payroll, LLC and FMP, LLC |
| 3:2020cv07922 |
| November 10, 2020 |
| US District Court for the Northern District of California |
| William Alsup |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Plaintiff |
Docket Report
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| Filing 19 NOTICE of Voluntary Dismissal Defendants FMP, Inc.-Ovation Payroll, LLC; Thomas W. Sudberry, Jr.; FMP, LLC by Armando Sarmento, Joshua Silva, Mercedes Tejada-Urena (Baker, Robert) (Filed on 1/5/2021) |
| Filing 18 NOTICE by Buffets, LLC, FMP, INC.-Ovation Payroll, LLC, Hometown Buffets, LLC, Vitanova Brands NOTICE OF ERRATA REGARDING STIPULATION ENLARGING TIME TO RESPOND TO OPERATIVE COMPLAINT (Ferrantella, Jesse) (Filed on 12/29/2020) |
| Filing 17 STIPULATION ENLARGING TIME TO RESPOND TO OPERATIVE COMPLAINT filed by Buffets, LLC, Hometown Buffets, LLC, Vitanova Brands. (Ferrantella, Jesse) (Filed on 12/28/2020) |
| Filing 16 SUMMONS Returned Executed by Joshua Silva, Mercedes Tejada-Urena, Armando Sarmento. FMP, LLC served on 12/14/2020, answer due 1/4/2021. (Baker, Robert) (Filed on 12/23/2020) |
| Filing 15 SUMMONS Returned Executed by Joshua Silva, Mercedes Tejada-Urena, Armando Sarmento. Thomas W Sudberry, Jr served on 12/14/2020, answer due 1/4/2021. (Baker, Robert) (Filed on 12/23/2020) |
| Filing 14 Summons Issued as to Thomas W Sudberry, Jr, FMP, LLC, Vitanova Brands, Hometown Buffets, LLC, FMP, INC.-Ovation Payroll, LLC, Buffets, LLC. (slhS, COURT STAFF) (Filed on 12/3/2020) |
| Filing 13 CLERK'S NOTICE SETTING INITIAL CASE MANAGEMENT CONFERENCE ON REASSIGNMENT. The Initial Case Management Conference set for 2/17/2021 is continued to 2/18/2021 at 11:00 AM before Judge William Alsup. Case Management Statement due by 2/11/2021. Standing orders can be downloaded from the Court's webpage at www.cand.uscourts.gov/whaorders. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: (888) 684-8852Access Code: 3707514The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.)(amd2S, COURT STAFF) (Filed on 12/2/2020) |
| Filing 12 Summons Returned Unexecuted by Joshua Silva, Mercedes Tejada-Urena, Armando Sarmento as to Buffets, LLC, F&P LLC, F&P, Inc -Ovation Payroll, LLC, Hometown Buffets, LLC, Thomas W Sudberry, Jr, Vitanova Brands. (Baker, Robert) (Filed on 12/2/2020) |
Filing 11
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge William Alsup for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by the Clerk on 12/2/2020. (Attachments: #1 Notice of Eligibility for Video Recording)(anjS, COURT STAFF) (Filed on 12/2/2020)
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#Electronic filing error Re: #10 -1 Amended Summons filed by Joshua Silva, Mercedes Tejada-Urena, Armando Sarmento. This filing will not be processed by the clerks office as th ere is currently a summons outstanding (see document no #5 ). If counsel whishes to a have new summons issued, the outstanding summons must first be returned using |
| Filing 10 FIRST AMENDED COMPLAINT against Buffets, LLC, Hometown Buffets, LLC, Thomas W Sudberry, Jr, Vitanova Brands, FMP, LLC, FMP, INC.-Ovation Payroll, LLC. Filed byJoshua Silva, Mercedes Tejada-Urena, Armando Sarmento. (Attachments: #1 Amended Summons)(Baker, Robert) (Filed on 12/1/2020) Modified on 12/2/2020 (slhS, COURT STAFF). |
| Filing 9 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ig, COURT STAFF) (Filed on 12/1/2020) |
| Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Armando Sarmento, Joshua Silva, Mercedes Tejada-Urena.. (Baker, Robert) (Filed on 12/1/2020) |
| Filing 7 CLERK'S NOTICE TO PLAINTIFFS Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 12/14/2020. (ig, COURT STAFF) (Filed on 11/30/2020) |
| Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: This case may fall within the Initial Discovery Protocols for Employment Cases Alleging Adverse Action. See #General Order 71. Parties and Counsel are directed to review General Order 71 to determine whether it applies to this case, and to comply with that General Order if applicable. Case Management Statement due by 2/10/202 1. Initial Case Management Conference set for 2/17/2021 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (jmlS, COURT STAFF) (Filed on 11/13/2020) |
| Filing 5 Summons Issued as to Buffets, LLC, F&P, Inc -Ovation Payroll, LLC, Hometown Buffets, LLC, Thomas W Sudberry, Jr, Vitanova Brands. (jmlS, COURT STAFF) (Filed on 11/13/2020) |
| Filing 4 Case assigned to Magistrate Judge Donna M. Ryu. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 11/27/2020. (anjS, COURT STAFF) (Filed on 11/12/2020) |
| Filing 3 Civil Cover Sheet by Armando Sarmento, Joshua Silva, Mercedes Tejada-Urena . (Baker, Robert) (Filed on 11/11/2020) |
| Filing 2 Proposed Summons. (Baker, Robert) (Filed on 11/10/2020) |
| Filing 1 COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL against Buffets, LLC, F&P LLC, F&P, Inc -Ovation Payroll, LLC, Hometown Buffets, LLC, Thomas W Sudberry, Jr, Vitanova Brands ( Filing fee $ 400, receipt number 0971-15177021.). Filed byJoshua Silva, Mercedes Tejada-Urena, Armando Sarmento. (Attachments: #1 Civil Cover Sheet)(Baker, Robert) (Filed on 11/10/2020) |
| #Electronic filing error. Please re-file Civil Cover Sheet Correcting Venue. No judge assignment will be made until the document is e-filed. Submit your document using Civil Events > Other Filings > Other Documents > Civil Cover Sheet Re: #1 -1 Civil Cover Sheet filed by Joshua Silva, Mercedes Tejada-Urena, Armando Sarmento. (cjlS, COURT STAFF) (Filed on 11/10/2020) |
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