Landaverde et al v. Cafeta Foods LLC, et al
| Rosa Landaverde and Evelin Reyes |
| Cafeta Foods LLC, d/b/a El Pikante Foods, Edgar Baltazar and Cafeta Foods LLC doing business as El Pikante Foods |
| Judge Robert B. Collings |
| 1:2022cv10950 |
| June 17, 2022 |
| US District Court for the District of Massachusetts |
| Patti B Saris |
| Labor: Fair Standards |
| 15 U.S.C. § 1938 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 3, 2023. A more recent docket listing may be available from PACER.
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| Filing 41 Judge Patti B. Saris: ORDER entered. ORDER APPROVING SETTLEMENT. (Geraldino-Karasek, Clarilde) |
| Filing 40 Judge Patti B. Saris: ENDORSED ORDER entered ALLOWED re #39 Joint Motion for Approval of Settlement. (Geraldino-Karasek, Clarilde) |
| Filing 39 Joint MOTION for Settlement Approval by Edgar Baltazar, Cafeta Foods LLC.(Melnick, Stephen) |
| Filing 38 Judge Patti B. Saris: ORDER of Administrative Stay/Closing entered. (mm) |
| Filing 37 Magistrate Judge Robert B Collings: ELECTRONIC REPORT AND RECOMMENDATION re 26 Order Referring Case to ADR. The undersigned conducted a mediation in this case on June 22, 2023. The case settled at that time, The settlement involves payments the defendants must make to the plaintiffs over a period of months. Therefore, I RECOMMEND that the Court retain jurisdiction over this case until April 30, 2024 so the Court is able to resolve any disputes which might arise regarding compliance with the terms of the settlement. Objections to R&R due by 7/11/2023. |
| Filing 36 Magistrate Judge Robert B Collings: ELECTRONIC FINAL REPORT OF ADR PROCEEDINGS entered. A mediation session was held on June 22, 2023. The plaintiffs were present; the defendants were present either in person or by a representative. The case is SETTLED. Although the case may be closed administratively as soon as an Agreement for Judgment is filed, the Court shall issue a Report and Recommendation that the Court retain jurisdiction over the case until April 30, 2024 to resolve any disputes over the enforcement of the settlement. |
| Filing 34 ANSWER to #1 Complaint, by Edgar Baltazar, Cafeta Foods LLC.(Melnick, Stephen) |
| Filing 33 Judge Patti B. Saris: ENDORSED ORDER entered re #31 Amended JOINT STATEMENT re scheduling conference. SET DEADLINES AS TO : Discovery to be completed by 10/27/2023; Final Pretrial Conference set for 11/16/2023 02:30 PM in Courtroom 19 (In person only) before Judge Patti B. Saris; Jury Trial set for 12/4/2023 08:30 AM in Courtroom 19 (In person only) before Judge Patti B. Saris. (Geraldino-Karasek, Clarilde) |
| Filing 32 ELECTRONIC NOTICE of ADR Conference. The Alternative Dispute Resolution Hearing has been set for 6/22/2023 11:00 AM in Remote Proceeding : Boston before Magistrate Judge Robert B Collings. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. You may forward the invitation to your clients for participation in the Mediation. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Counsel and principals are ORDERED to be present and to have full settlement authority. A brief mediation memorandum addressing both the merits of the case and the filing party's settlement position should be submitted to the court via email as an attachment to Maria_Simeone@mad.uscourts.gov by June 15, 2023. The mediation memo should be marked "Confidential - Not for docketing" and is not to be served upon opposing parties. Counsel are asked to accommodate this date.In the event that you believe the case is not ripe for mediation at this time, or the date poses a serious conflict, counsel are to confer with opposing counsel and FILE AN ASSENTED-TO MOTION WITH THE MEDIATING SESSION to continue the mediation as soon as possible.(Simeone, Maria) |
| Filing 31 Amended JOINT STATEMENT re scheduling conference . (Tanabe, Hannah) |
| Filing 30 STATUS REPORT by Rosa Landaverde, Evelin Reyes. (Tanabe, Hannah) |
| Filing 29 Judge Patti B. Saris - Order: Notice setting Pretrial and Jury Trial deadlines PRETRIAL ORDER entered Final Pretrial Conference set for 11/16/2023 02:30 PM in Courtroom 19 (In person only) before Judge Patti B. Saris. Jury Trial set for 12/4/2023 08:30 AM in Courtroom 19 (In person only) before Judge Patti B. Saris. |
| Filing 28 Magistrate Judge Robert B Collings: ELECTRONIC ORDER entered. Counsel are directed to confer and provide a joint status report on or before the close of business April 14, 2023 proposing three dates convenient to all parties to conduct a mediation in the requested month of June 2023. ( Status report due by 4/14/2023)(Simeone, Maria) |
| Filing 27 Notice of assignment to ADR Provider. Judge Robert B. Collings appointed for mediation date in June 2023.(Simeone, Maria) |
| Filing 26 Judge Patti B. Saris: ELECTRONIC ORDER entered. ORDER REFERRING CASE to Alternative Dispute Resolution on or before JUNE 2023.(Geraldino-Karasek, Clarilde) |
| Filing 23 Judge Patti B. Saris: ENDORSED ORDER entered re #11 Motion to Dismiss and Memorandum of Law in Support by Edgar Baltazar, Cafeta Foods LLC. " Denied. Plaintiff has established service pursuant to Mass. R. Civ. P. 4(e)(2)(B). See Fed. R. Civ. P. 4(b)(1)(A). Deputy Sheriff Culliton stated in an affidavit that he left the summons and complaint at defendant's front door. Although defendant claim he did not find it, he had ample notice of it through other diligent efforts made by plaintiff." (Geraldino-Karasek, Clarilde) |
| Filing 25 Electronic Clerk's Notes for proceedings held by Video before Judge Patti B. Saris: Scheduling Conference held on 4/5/2023. ORDERED: Joint Statement - NOT ADOPTED Parties shall submit an Amended Joint Statement by APRIL 20, 2023. Case to be referred to ADR on or before JUNE 2023. JURY TRIAL to be set for early DECEMBER 2023. (Court Reporter: Lee Marzilli at leemarz@aol.com.)(Attorneys present: Audrey R. Richardson, Hannah M. Y. Tanabe for Plaintiffs, Stephen T. Melnick, III, for Defendants) (Geraldino-Karasek, Clarilde) |
| Filing 24 Electronic Clerk's Notes for proceedings held before Judge Patti B. Saris: Motion Hearing held on 4/5/2023 re #11 MOTION to Dismiss and Memorandum of Law in Support filed by Edgar Baltazar, Cafeta Foods LLC. Motion to dismiss, DENIED in open court. (Court Reporter: Lee Marzilli at leemarz@aol.com.)(Attorneys present: Audrey R. Richardson, Hannah M. Y. Tanabe for Plaintiffs, Stephen T. Melnick, III, for Defendants) (Geraldino-Karasek, Clarilde) |
| Filing 22 CERTIFICATION pursuant to Local Rule 16.1 for Plaintiff Reyes. (Tanabe, Hannah) |
| Filing 21 CERTIFICATION pursuant to Local Rule 16.1 for Plaintiff Landaverde. (Tanabe, Hannah) |
| Filing 20 JOINT STATEMENT re scheduling conference . (Tanabe, Hannah) |
| Filing 19 ELECTRONIC NOTICE Resetting Hearing on #11 MOTION to Dismiss This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing RESET TO 4/6/2023 11:15 AM BY VIDEO before Judge Patti B. Saris. (Molloy, Maryellen) |
| Filing 18 ELECTRONIC NOTICE OF RESCHEDULING Scheduling Conference This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Scheduling Conference RESET TO 4/6/2023 AT 11:00 AM BY VIDEO before Judge Patti B. Saris. (Molloy, Maryellen) |
| Filing 17 Opposition re #11 MOTION to Dismiss and Memorandum of Law in Support filed by Rosa Landaverde, Evelin Reyes. (Attachments: #1 Exhibit Exhibit A - Affidavit of Paul J. Culliton)(Richardson, Audrey) |
| Filing 16 SUMMONS Returned Executed Cafeta Foods LLC served on 2/18/2023, answer due 3/13/2023. (Richardson, Audrey) |
| Filing 15 SUMMONS Returned Executed Edgar Baltazar served on 2/18/2023, answer due 3/13/2023. (Richardson, Audrey) |
| Filing 14 NOTICE OF SCHEDULING CONFERENCE BY VIDEO :SCHEDULING CONFERENCE SET FOR 4/3/2023 10:00 AM BY VIDEO before Judge Patti B. Saris. of Scheduling ConferenceThis hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.(Geraldino-Karasek, Clarilde) |
| Filing 13 ELECTRONIC NOTICE SETTING HEARING BY VIDEO on #11 MOTION to Dismiss and Memorandum of Law in Support : MOTION HEARING SET FOR 4/3/2023 09:30 AM BY VIDEO before Judge Patti B. Saris. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.(Geraldino-Karasek, Clarilde) |
| Filing 12 AFFIDAVIT of Edgar Baltazar in Support re #11 MOTION to Dismiss and Memorandum of Law in Support filed by Edgar Baltazar, Cafeta Foods LLC. (Melnick, Stephen) |
| Filing 11 MOTION to Dismiss and Memorandum of Law in Support by Edgar Baltazar, Cafeta Foods LLC.(Melnick, Stephen) |
| Filing 10 SUMMONS Returned Executed Cafeta Foods LLC served on 1/25/2023, answer due 2/15/2023. (Richardson, Audrey) |
| Filing 9 SUMMONS Returned Executed Edgar Baltazar served on 1/25/2023, answer due 2/15/2023. (Richardson, Audrey) |
| Filing 8 Judge Patti B. Saris: ELECTRONIC ORDER entered ALLOWED re #6 Motion for Extension of Time from date of Order allowing Motion to Serve Complaint.SET DEADLINES AS TO : Service due by 2/6/2023.(Geraldino-Karasek, Clarilde) |
| Filing 7 MEMORANDUM in Support re #6 MOTION for Extension of Time to 30 days from date of Order allowing Motion to Serve Complaint filed by Rosa Landaverde, Evelin Reyes. (Attachments: #1 Affidavit Affidavit of Audrey Richardson)(Richardson, Audrey) |
| Filing 6 MOTION for Extension of Time to 30 days from date of Order allowing Motion to Serve Complaint by Rosa Landaverde, Evelin Reyes.(Richardson, Audrey) |
| Filing 5 NOTICE of Appearance by Audrey R. Richardson on behalf of Rosa Landaverde, Evelin Reyes (Richardson, Audrey) |
| Filing 4 Judge Patti B. Saris: ELECTRONIC CONDITIONAL ORDER OF DISMISSAL entered.The complaint in the above-entitled action was filed on JUNE 17 2022. To date, there has been no return to the Court of proof of service of the summons and complaint as required by Rule 4(m) of the Federal Rules of Civil Procedure and Local Rule 4.1(b) of the Local Rules of this Court.Accordingly it is hereby ORDERED pursuant to Rule 4(m), Fed. R. Civ. P. and Local Rule 4.1(b), within twenty-one (21 days) from the date of this Order [11/14/2022] proof of service shall be filed or good cause shown why service has not been made - otherwise this court will recommend dismissal without prejudice. (Molloy, Maryellen) Modified docket text on 10/27/2022 (Geraldino-Karasek, Clarilde). |
| Filing 3 Summons Issued as to Edgar Baltazar, Cafeta Foods LLC, d/b/a El Pikante Foods. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (McManus, Caetlin) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Patti B. Saris assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Finn, Mary) |
| Filing 1 COMPLAINT against All Defendants Filing fee: $ 402, receipt number AMADC-9374735 (Fee Status: Filing Fee paid), filed by Rosa Landaverde, Evelin Reyes. (Attachments: #1 Civil Cover Sheet, #2 CategoryForm)(Tanabe, Hannah) (Attachment 2 replaced on 6/17/2022) (McManus, Caetlin). |
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