Ayala v. Canido Basonas Construction Corp. et al
| Miguel Jose Ayala |
| Michael Brion, Canido Basonas Construction Corp., Luis Lludia and DVG Restoration Corp. |
| 1:2018cv06664 |
| November 21, 2018 |
| US District Court for the Eastern District of New York |
| Kiyo A Matsumoto |
| Steven Tiscione |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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Filing 16
Order Dismissing Parties: IT IS HEREBY STIPULATED that the action (and all claims and causes of action that were or could have been asserted in it) be withdrawn, discontinued and dismissed, as against Defendants, CANIDO BASONAS CONSTRUCTION CORP. and MICHAEL BRION, without prejudice, in accordance with Rule 41 of the Federal Rules of Civil Procedure. Party Michael Brion (as an individual) and Canido Basonas Construction Corp. terminated. (Ordered by Judge Kiyo A. Matsumoto on 1/17/2019) c/m (Galeano, Sonia)
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| Filing 15 STIPULATION of Dismissal and Voluntary Discontinuance Without Prejudice by Canido Basonas Construction Corp. (Joseph, Linda) |
| Filing 14 STIPULATION of Dismissal without Prejudice as to Defendants Canido Basonas Construction Corp. and Michael Brion by Miguel Jose Ayala (O'Donnell, James) |
| Filing 13 Summons Issued as to DVG Restoration Corp., Luis Lludia. (Galeano, Sonia) |
| Filing 12 NOTICE of Appearance by James Patrick Peter O'Donnell on behalf of Miguel Jose Ayala (aty to be noticed) (O'Donnell, James) |
| Filing 11 Proposed Summons. Re #10 Amended Complaint by Miguel Jose Ayala (Dalton, Helen) |
| Filing 10 AMENDED COMPLAINT against DVG Restoration Corp., Luis Lludia, filed by Miguel Jose Ayala. (Dalton, Helen) |
| Filing 9 Letter Re: Plaintiff's Amended Complaint and Dismissal Without Prejudice Against the Named Defendants by Miguel Jose Ayala (Dalton, Helen) |
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto. Appearances: for plaintiff: Roman Avshalumov, Esq.; for defendants: Linda Joseph, Esq. Discussions were held regarding defendants' proposed motion for judgment on the pleadings. Defendants contend they are not plaintiff's employers or supervisors. Plaintiff agreed to amend his complaint naming as defendants plaintiff's actual employers and supervisors and defendants did not object. Plaintiff shall file an Amended Complaint by January 4, 2019 replacing current defendants with plaintiff's actual employers. Ordered by Judge Kiyo A. Matsumoto on 12/28/2018. (Court Reporter Nardone, Michele.) (Mazzurco, Vincent)
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| Filing 8 Letter from Linda Joseph to Judge Matsumoto on behalf of by Canido Basonas Construction Corp. (Attachments: #1 Affidavit of Luis Lludia) (Joseph, Linda) |
| Filing 7 REPLY in Opposition re #6 Letter filed by Miguel Jose Ayala. (Attachments: #1 Exhibit 1 (Plaintiff's Affidavit)) (Dalton, Helen) |
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SCHEDULING ORDER: The court shall hold a hearing via teleconference for December 28, 2018 at 11 a.m. to discuss defendants' proposed motion. Defendants' counsel shall arrange a conference call with plaintiff's counsel and, when all parties are on the line, dial in to chambers ((718) 613 2180). Ordered by Judge Kiyo A. Matsumoto on 12/19/2018. (Mazzurco, Vincent)
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| Filing 6 Letter Amended, with Correct Docket Number by Michael Brion, Canido Basonas Construction Corp. (Joseph, Linda) |
| Filing 5 Letter Requesting a Pre-motion Conference by Michael Brion, Canido Basonas Construction Corp. (Joseph, Linda) |
| Filing 4 ANSWER to #1 Complaint with Exhibit A by All Defendants. (Attachments: #1 Exhibit A - Workers' Comp decision) (Joseph, Linda) |
| Filing 3 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) |
| Filing 2 Summons Issued as to Michael Brion, Canido Basonas Construction Corp.. (Davis, Kimberly) |
| FILING FEE: $ 400, receipt number 465313455 (Davis, Kimberly) |
| Filing 1 COMPLAINT against Michael Brion, Canido Basonas Construction Corp., filed by Miguel Jose Ayala. (Attachments: #1 Civil Cover Sheet) (Davis, Kimberly) |
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