Lymberatos v. Nyco Chemists Inc. et al
| Lymberatos and Dimitrios Lymberatos |
| Nyco Chemists Inc, Nyco Chemists Inc. jointly and severally doing business as Bridge Apothecary, Nyco Chemists Inc. II jointly and severally doing business as City Chemist, David Schwartz and Christopher Tsioros |
| 1:2016cv00131 |
| January 11, 2016 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Robert M Levy |
| Roslynn R Mauskopf |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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Filing 35
JUDGMENT- ORDERED, ADJUDGED, AND DECREED that plaintiff take nothing of defendants NYCO Chemists Inc. II ("NYCO 11"), David Schwartz, and Christopher Tsioros; that all claims brought by plaintiff as against NYCO II, Schwartz, and Tsioros are dismissed; and that this case is hereby closed. Ordered by Judge Roslynn R. Mauskopf on 12/27/2018. (Marziliano, August)
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Filing 34
ORDER ADOPTING REPORT AND RECOMMENDATIONS. Pursuant to 28 U.S.C. 636(b) and Rule 72, the Court has reviewed the R&R for clear error and, finding none, concurs with the R&R in its entirety. See Covey v. Simonton, 481 F. Supp. 2d 224,226 (E.D.N.Y. 2007). Accordingly, the Clerk of Court is directed to enter judgment pursuant to this Order and close the case. Ordered by Judge Roslynn R. Mauskopf on 12/27/2018. (Marziliano, August)
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Filing 33
REPORT AND RECOMMENDATION: I respectfully recommend that the claims against defendants NYCO Chemists Inc. II, David Schwartz, and Christopher Tsioros be dismissed for failure to prosecute. Any objections to this Report and Recommendation must be filed with the Clerk of the Court, with courtesy copies to the Honorable Roslynn R. Mauskopf, United States District Judge, and to my chambers within fourteen (14) days. Failure to file objections within the specified time waives the right to appeal the district court's order. See 28 U.S.C. 636(b)(1); FED. R. CIV. P. 72, 6(a), 6(d). Ordered by Magistrate Judge Robert M. Levy on 5/3/2018. (Marino, Janine) See attached Report and Recommendation for details
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ORDER TO SHOW CAUSE--- By Order dated 2/9/18, I directed that a Status Report be filed by 2/16/18. Over 30 days have elapsed, and no Status Report has been filed. Counsel shall show cause by 3/26/18 why this case should not be dismissed either as resolved by the 10/25/17 Judgment or for failure to prosecute. Ordered by Magistrate Judge Robert M. Levy on 3/19/2018. (Levy, Robert)
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STATUS REPORT ORDER: Status Report due by 2/16/2018. Ordered by Magistrate Judge Robert M. Levy on 2/9/2018. (Marino, Janine)
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Filing 32
JUDGMENT in favor of Dimitrios Lymberatos against Nyco Chemists Inc. Ordered, Adjudged, and Decreed-- The plaintiff does recover of the defendant NYCO Chemists Inc. d/b/a Bridge Apothecary $85,000 plus post judgment interest pursuant to 28 U.S.C. 1961, and the plaintiff has execution therefor; and Pursuant to sections 198(4) and 663(4) of the New York Labor Law, if any such amounts of this judgment remain unpaid upon the expiration of ninety days following issuance of this judgment, or ninety days after expiration of the time to appeal and no appeal is then pending, whichever is later, the total amount of this judgment shall automatically increase by fifteen percent. So Ordered by Judge Roslynn R. Mauskopf on 10/23/2017. (Almonte, Giselle)
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| Filing 31 Letter with corrected proposed judgment by Dimitrios Lymberatos (Attachments: #1 Proposed Judgment) (Zeller, Justin) |
| Filing 30 Letter by Dimitrios Lymberatos (Attachments: #1 Proposed Judgment) (Zeller, Justin) |
| Filing 29 NOTICE of Appearance by Justin A. Zeller on behalf of Dimitrios Lymberatos (aty to be noticed) (Zeller, Justin) |
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ORDER granting #27 Motion to Withdraw as Attorney. Attorney John Gurrieri terminated. Ordered by Magistrate Judge Robert M. Levy on 6/26/2017. (Marino, Janine)
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| Filing 28 AFFIDAVIT/AFFIRMATION re #27 MOTION to Withdraw as Attorney by Dimitrios Lymberatos (Gurrieri, John) |
| Filing 27 MOTION to Withdraw as Attorney by Dimitrios Lymberatos. (Gurrieri, John) |
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ORDER RE #22 Motion for Extension of Time to Complete Discovery. (Ruled on at 11/16/16 Conference). (Marino, Janine)
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| Filing 26 NOTICE of Appearance by Brandon David Sherr on behalf of Dimitrios Lymberatos (aty to be noticed) (Sherr, Brandon) |
| Filing 25 ACKNOWLEDGMENT OF SERVICE Executed Offer of Judgment Acknowledgement filed by Dimitrios Lymberatos. (Sherr, Brandon) |
| Filing 24 NOTICE of Acceptance with Offer of Judgment by Dimitrios Lymberatos (Attachments: #1 Offer of Judgment, #2 Proposed Judgment) (Sherr, Brandon) |
| Filing 23 NOTICE of Appearance by Guy M. Allen on behalf of All Defendants (aty to be noticed) (Allen, Guy) |
| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: John Gurrieri, Guy Allen. Settlement discussions continued. Counsel to advise chambers by the end of the day whether a settlement has been reached.Settlement Conference held on 1/18/2017 (Levy, Robert) |
| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: John Gurrieri, William Ng. Settlement discussions. Next conference 1/18/17 at 2:30 (tel). Discovery deadline extended to 1/17/17.Settlement Conference held on 11/16/2016 (Levy, Robert) |
| Filing 22 MOTION for Extension of Time to Complete Discovery by Nyco Chemists Inc., Nyco Chemists Inc. II, David Schwartz, Christopher Tsioros. (Ng, William) |
| Filing 21 AFFIDAVIT of Service for Subpoena to Produce Documents, Information, or Objects to Permit Inspection of Premises in a Civil Action served on Cellco Partnership d/b/a Verizon Wireless on 11/7/2016, filed by Dimitrios Lymberatos. (Gurrieri, John) |
| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: John Gurrieri, William Ng. Scheduling order entered. Discovery deadline 11/15/16. Settlement discussions held. Counsel to advise when they are ready for a settlement conference. Next conference 11/16/16 at 2:00 (tel).Initial Conference Hearing held on 8/12/2016 (Levy, Robert) |
| Filing 20 ANSWER to #1 Complaint, by All Defendants. (Ng, William) |
| Filing 19 Corporate Disclosure Statement by Nyco Chemists Inc., Nyco Chemists Inc. II (Ng, William) |
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ORDER granting #18 Motion for Extension of Time to Answer as the parties are exploring a settlement proposal. The conference scheduled for 7/15/16 is adjourned to 8/12/16 at 10:00. Ordered by Magistrate Judge Robert M. Levy on 7/11/2016. (Levy, Robert)
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| Filing 18 Third MOTION for Extension of Time to File Answer and/or Response to the Complaint by Nyco Chemists Inc., Nyco Chemists Inc. II, David Schwartz, Christopher Tsioros. (DiBenedetto, Leslie) |
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SCHEDULING ORDER: The initial conference set for 7/15/2016 at 02:30 PM will be held by telephone before Magistrate Judge Robert M. Levy at (718) 613-2340. Plaintiff's counsel is directed to initiate the conference call and confirm with defendants' counsel that all necessary participants are aware of the date and time of scheduled conference. Ordered by Magistrate Judge Robert M. Levy on 6/28/2016. (Marino, Janine)
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ORDER granting #17 Motion for Extension of Time to Answer All Defendants. The Initial Conference previously scheduled for 6/24/2016 at 10 a.m. is adjourned to 7/15/2016 at 2:30 p.m. Ordered by Magistrate Judge Robert M. Levy on 6/1/2016. (Goldman, Jared)
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| Filing 17 Second MOTION for Extension of Time to File Answer and/or Response to the Complaint by Nyco Chemists Inc., Nyco Chemists Inc. II, David Schwartz, Christopher Tsioros. (DiBenedetto, Leslie) |
| Filing 16 STIPULATION by Dimitrios Lymberatos (Sherr, Brandon) |
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SCHEDULING ORDER granting #15 Motion to Adjourn the Initial Conference filed by Nyco Chemists Inc. II, et al. The Initial Conference is adjourned to 6/24/2016 at 10:00 AM before Magistrate Judge Robert M. Levy. Ordered by Magistrate Judge Robert M. Levy on 5/5/2016. (Marino, Janine)
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| Filing 15 MOTION for Extension of Time to File Answer and Adjourn Initial Conference by Nyco Chemists Inc., Nyco Chemists Inc. II, David Schwartz, Christopher Tsioros. (DiBenedetto, Leslie) |
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ORDER granting #15 Motion for Extension of Time to 6/1/16 to Answer All Defendants.. Ordered by Magistrate Judge Robert M. Levy on 4/29/2016. (Levy, Robert)
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| Filing 14 NOTICE of Appearance by William H Ng on behalf of Nyco Chemists Inc., Nyco Chemists Inc. II, David Schwartz, Christopher Tsioros (aty to be noticed) (Ng, William) |
| Filing 13 NOTICE of Appearance by Leslie M DiBenedetto on behalf of All Defendants (aty to be noticed) (DiBenedetto, Leslie) |
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Filing 12
SCHEDULING ORDER: Initial Conference set for 5/11/2016 at 11:45 AM in Courtroom 11B South before Magistrate Judge Robert M. Levy. Ordered by Magistrate Judge Robert M. Levy on 3/23/2016. (Marino, Janine)
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| Filing 11 SUMMONS Returned Executed by Dimitrios Lymberatos. Christopher Tsioros served on 3/2/2016, answer due 3/23/2016. (Gurrieri, John) |
| Filing 10 SUMMONS Returned Executed by Dimitrios Lymberatos. Nyco Chemists Inc. served on 2/16/2016, answer due 3/8/2016. (Gurrieri, John) |
| Filing 9 SUMMONS Returned Executed by Dimitrios Lymberatos. Nyco Chemists Inc. II served on 2/16/2016, answer due 3/8/2016. (Gurrieri, John) |
| Filing 8 Summons Issued as to David Schwartz, Christopher Tsioros. (Attachments: #1 Christopher Tsioros) (Gillespie, Saudia) |
| Filing 7 Proposed Summons. Re #1 Complaint, by Dimitrios Lymberatos (Gurrieri, John) |
| Filing 6 Proposed Summons. Re #1 Complaint, by Dimitrios Lymberatos (Gurrieri, John) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 4 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. (Bowens, Priscilla) |
| Filing 3 Summons Issued as to Nyco Chemists Inc., Nyco Chemists Inc. II. (Attachments: #1 NYCO II summons) (Bowens, Priscilla) |
| Case assigned to Judge Roslynn R. Mauskopf and Magistrate Judge Robert M. Levy. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |
| Filing 2 CONSENT to become party in a collective action. by Dimitrios Lymberatos (Gurrieri, John) |
| Filing 1 COMPLAINT against Nyco Chemists Inc., Nyco Chemists Inc. II, David Schwartz, Christopher Tsioros filing fee $ 400, receipt number 0207-8293119 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Dimitrios Lymberatos. (Attachments: #1 Proposed Summons, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Civil Cover Sheet) (Gurrieri, John) |
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