Hernandez et al v. CME Consulting LLC et al
| Juan Hernandez and Frida Hernandez |
| CME Consulting LLC doing business as Comfort Suites of Milledgeville, OM Shee Shivshakti Hospitality USA, LLC doing business as Comfort Suites of Milledgeville, Chirag Thakkar and Manoj Patel |
| 1:2022cv03128 |
| August 8, 2022 |
| US District Court for the Northern District of Georgia |
| Amy Totenberg |
| Labor: Fair Standards |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 18, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Submission of #25 MOTION to Set Aside Default, MOTION for Leave to File Out of Time Response, to District Judge Amy Totenberg. (hfm) |
| Filing 28 RESPONSE in Opposition re #25 MOTION to Set Aside Default MOTION for Leave to File Out of Time Response filed by Frida Hernandez, Juan Hernandez. (Attachments: #1 Exhibit Corporate Registration)(Mixon, John) |
| Filing 27 First MOTION for Extension of Time File a Response to Defendant's Motion to Set Aside Default by Frida Hernandez, Juan Hernandez. (Attachments: #1 Text of Proposed Order)(Mixon, John) |
ORDER, by docket entry only, granting #27 Motion for Extension of Time, through and including September 1, 2023, go file a response re #25 MOTION to Set Aside Default. Reply brief due September 15, 2023. Ordered by Judge Amy Totenberg on 8/16/23. (hfm)
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| Filing 26 Request for Leave of Absence for the following date(s): 10/12/23 through 10/23/23, by John Stephen Mixon, Jr. (Attachments: #1 Text of Proposed Order)(Mixon, John) |
| Notification of Docket Correction re #25 MOTION to Set Aside Default; MOTION for Leave to File Out of Time Response. Pleading filed as single part motion; should be multi part motion. Clerk made necessary changes. (dob) |
| Filing 25 MOTION to Set Aside Default; Motion For Leave of Court to File Out-of-Time Response with Brief In Support by OM Shee Shivshakti Hospitality USA, LLC, Manoj Patel. (Attachments: #1 Brief, #2 Exhibit "1", #3 Exhibit "2", #4 Exhibit "3")(Collins, Keely) . Added MOTION for Leave to File on 8/7/2023 (dob). |
| Filing 24 PROPOSED ORDER Proposed order for Default re: #14 Order Setting Hearing on Motion,,,, Set Submission Deadline,,,. (Attachments: #1 Affidavit Mixon Fee Declaration, #2 Exhibit Mixon Bill, #3 Exhibit Bill for Service of process)(Mixon, John) |
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Filing 23
ORDER: All deadlines previously set forth by the Court are hereby stayed through and including July 21st, 2023. By July 21st, Plaintiff must file a Proposed Order Granting the Default Judgement, a declaration and supporting fee documentation indicating the amount of work completed and the fees sought by Plaintiffs attorney, and any other documentation supporting Plaintiffs damages. Signed by Judge Amy Totenberg on 7/10/2023. (tmf)
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| Filing 22 NOTICE by Frida Hernandez, Juan Hernandez (Attachments: #1 Text of Proposed Order)(Mixon, John) |
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Filing 21
ORDER granting #20 Motion to Stay. All deadlines previously set as to the above parties are hereby stayed through and including July 5, 2023. By July 7, 2023, the parties will advise the Court if a settlement has been reached. Signed by Judge Amy Totenberg on 6/20/2023. (tmf)
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| Filing 20 Consent MOTION to Stay Proceedings Pending Settlement by OM Shee Shivshakti Hospitality USA, LLC, Manoj Patel. (Attachments: #1 Text of Proposed Order)(Collins, Keely) |
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ORDER, by docket entry only: Plaintiffs and Defendants Om Shree Shivshakti Hospitality USA, LLC and Maoj Patels Motion to Stay Proceedings #19 is GRANTED. All deadlines are hereby stayed through June 26, 2023. Plaintiffs and Defendants Om Shree and Patel SHALL advise the Court if a settled has been reached on or before June 29, 2023. In light of the appearance of some Defendants and potential settlement of claims against those Defendants, the Court further STAYS Plaintiffs Motion for Default Judgment #13 with respect to all Defendants. The hearing currently set for May 30, 2023 is hereby CANCELLED. Upon advising the Court as to whether a settlement has been reached with respect to the Om Shree and Patel Defendants on June 29, 2023, Plaintiffs should also advise as to how they wish to proceed against the remaining CME and Thakkar Defendants. Ordered by Judge Amy Totenberg on 5/19/23. (hfm)
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| Filing 19 Joint MOTION to Stay Pending Resolution of Settlement Discussions by OM Shee Shivshakti Hospitality USA, LLC, Manoj Patel. (Attachments: #1 Text of Proposed Order)(Collins, Keely) |
| Filing 18 NOTICE of Appearance by Raymond Perez on behalf of Manoj Patel (Perez, Raymond) |
| Filing 17 NOTICE of Appearance by Keely Collins on behalf of Manoj Patel (Collins, Keely) |
| Filing 16 NOTICE of Appearance by Raymond Perez on behalf of OM Shee Shivshakti Hospitality USA, LLC (Perez, Raymond) |
| Filing 15 NOTICE of Appearance by Keely Collins on behalf of OM Shee Shivshakti Hospitality USA, LLC (Collins, Keely) |
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Filing 14
ORDER: Before the Court is Plaintiffs' Motion for Default Judgment [Doc. 13]. The Court hereby sets an in-person hearing to address Plaintiff's Motion and the appropriate relief to be awarded. The hearing is set for Tuesday May 30, 2023 at 10:30 a.m. Plaintiffs should be in attendance at the hearing. Plaintiffs are DIRECTED to serve a copy of this Order on all Defendants immediately by certified and first-class mail, as well as any electronic means, if available. Plaintiffs are further DIRECTED to file by May 18, 2023 a comprehensive proposed order granting the default judgment, setting forth the allegations of the complaint and why they entitle Plaintiffs to default judgment. See document for further instructions and deadlines. Signed by Judge Amy Totenberg on 4/27/2023. (tmf)
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| Submission of #13 First MOTION for Default Judgment as to CME CONSULTING LLC, OM SHEE SHIVSHAKTI HOSPITALITY USA, LLC.,CHIRAG THAKKAR, AND MANOJ PATEL. , to District Judge Amy Totenberg. (hfm) |
| Filing 13 First MOTION for Default Judgment as to CME CONSULTING LLC, OM SHEE SHIVSHAKTI HOSPITALITY USA, LLC.,CHIRAG THAKKAR, AND MANOJ PATEL. by Frida Hernandez, Juan Hernandez. (Attachments: #1 Exhibit Juan Hernandez Declaration, #2 Exhibit Frida Hernandez Declaration)(Mixon, John) |
| Filing 12 Request for Leave of Absence for the following date(s): 03/06/2023-03/17/2023, by John Stephen Mixon, Jr. (Attachments: #1 Text of Proposed Order)(Mixon, John) |
| Clerks Entry of Default as to CME Consulting LLC, OM Shee Shivshakti Hospitality USA, LLC, Manoj Patel, Chirag Thakkar (tmf) |
| Filing 11 MOTION for Clerks Entry of Default by Frida Hernandez, Juan Hernandez. (Mixon, John) |
| Filing 10 Return of Service Executed by Juan Hernandez, Frida Hernandez. OM Shee Shivshakti Hospitality USA, LLC served on 9/22/2022, answer due 10/13/2022. (Mixon, John) Modified on 10/3/2022 the service pages are correct, but the first page of docs #9 and #10 are reversed.(tmf). |
| Filing 9 Return of Service Executed by Juan Hernandez, Frida Hernandez. Manoj Patel served on 9/22/2022, answer due 10/13/2022. (Mixon, John) Modified on 10/3/2022 the service pages are correct, but the first page of docs #9 and #10 are reversed.(tmf). |
| Filing 8 Return of Service Executed by Juan Hernandez, Frida Hernandez. CME Consulting LLC served on 9/25/2022, answer due 10/16/2022. (Mixon, John) Modified on 9/29/2022 to edit dates (dob). |
| Filing 7 Return of Service Executed by Juan Hernandez, Frida Hernandez. Chirag Thakkar served on 9/23/2022, answer due 10/14/2022. (Mixon, John) |
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Filing 6
STANDING ORDER: GUIDELINES TO PARTIES AND COUNSEL IN CASES PROCEEDING BEFORE THE HONORABLE AMY TOTENBERG Signed by Judge Amy Totenberg on 8/18/2022. (tmf)
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| Filing 5 Electronic Summons Issued as to OM Shee Shivshakti Hospitality USA, LLC. (gas) |
| Filing 4 Electronic Summons Issued as to Manoj Patel. (gas) |
| Filing 3 Electronic Summons Issued as to CME Consulting LLC. (gas) |
| Filing 2 Electronic Summons Issued as to Chirag Thakkar. (gas) |
| Filing 1 COMPLAINT with Jury Demand filed by Juan Hernandez, Frida Hernandez. (Filing fee $402, receipt number AGANDC-11982207) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(gas) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
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