Toc v. SNL Meat and Produce Corp.
| Enrique Toc |
| SNL Meat and Produce Corp. and SNL Meat and Produce Corp. doing business as Key Food 1588 |
| 1:2020cv02339 |
| May 26, 2020 |
| US District Court for the Eastern District of New York |
| Kiyo A Matsumoto |
| James Orenstein |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| None |
Docket Report
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| MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation must be signed at the mediation session by all participants, including the mediator, and sent via email to Robyn_Weinstein@nyed.uscourts.gov. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to nyed_adr@nyed.uscourts.gov within two weeks following mediation session. (Priftakis, Tina) |
ORDER REFERRING CASE to Mediation -- Selection of Mediator due by August 24, 2020. Mediation shall be completed by September 22, 2020 (subject to change upon consent of the parties and the mediator). Ordered by Magistrate Judge James Orenstein on 7/24/2020. (Walker, Anna)
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Filing 14
SCHEDULING ORDER: Deadline for all Rule 26(a)(1) disclosures: July 23, 2020. First request for production of documents and first request for interrogatories due by: August 28, 2020. Deadline for joinder of additional parties and amendment of pleadings: October 23, 2020. Status Conference (with joint status report due two business days in advance): December 2, 2020, at 9:30 a.m. All discovery to be completed by: January 15, 2021. Pretrial Conference (ex parte statements of settlement position due via email two business days in advance): January 28, 2021, at 10:30 a.m. Dispositive motion process started by: February 11, 2021. Joint pretrial order due by: March 16, 2021. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 7/23/2020. (Orenstein, James)
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| Filing 13 Minute Entry for proceedings held before Magistrate Judge James Orenstein: Initial Conference Hearing held by telephone on 7/23/2020. Scheduling: (1) The next status conference will be held on December 2, 2020, at 9:30 a.m. (2) A pretrial conference will be held on January 28, 2021, at 10:30 a.m. Summary: The parties agree that there exist potential opt-in plaintiffs who are situated similarly to the named plaintiff with respect to the asserted wage claims. The parties will submit a jointly proposed notice to such potential opt-in plaintiffs (including, if necessary, competing proposals for portions of the notice as to which the parties disagree) by August 6, 2020. With the parties' consent, I will refer the case to mediation. I will enter a separate case management and scheduling order that reflects, with minor modifications, the deadlines set forth in the parties' joint discovery plan. (Orenstein, James) |
| Filing 12 NOTICE of Appearance by Douglas Peter Catalano on behalf of SNL Meat and Produce Corp. (aty to be noticed) (Catalano, Douglas) |
| Filing 11 REPORT of Rule 26(f) Planning Meeting (Wich, Scott) |
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Filing 10
SCHEDULING ORDER -- Pursuant to Federal Rule of Civil Procedure 16(a), I order the parties to attend an initial discovery planning conference on July 23, 2020, at 10:00 a.m. that will take place telephonically. The call-in information for the telephone conference is 1-877-336-1839 and the access code is 391-4302. I respectfully direct all counsel to call in to the telephone conference five minutes before the conference begins. If any party has any difficulty accessing the telephone conference, please contact chambers at Orenstein_Chambers@nyed.uscourts.gov. No later than July 21, 2020, the parties must submit, by means of electronic filing on the court's ECF (Electronic Case Filing) system, a joint proposed discovery plan. Each party's counsel must be personally prepared to discuss all factual and legal issues in the case, including the possibility of settlement; otherwise, the client must attend in person as well. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 7/1/2020. (Almonte, Kelly)
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| Filing 9 Corporate Disclosure Statement by SNL Meat and Produce Corp. (Wich, Scott) |
| Filing 8 ANSWER to #1 Complaint, by All Defendants. (Wich, Scott) |
| Filing 7 SUMMONS Returned Executed by Enrique Toc. SNL Meat and Produce Corp. served on 6/9/2020, answer due 6/30/2020. (Menken, Bruce) |
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Filing 6
ORDER -- To ensure compliance with the requirements of both Mei Xing Yu v. Hasaki Rest., Inc., 2019 WL 6646618 (2d Cir. Dec. 6, 2019) and Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), I respectfully direct the parties as follows. In the event any defendant makes an offer of judgment under Federal Rule of Civil Procedure 68, the parties must promptly file, before filing any notice of acceptance of that offer, a notice that discloses all terms to which the parties have agreed (formally or otherwise, and regardless of whether the agreement is reduced to writing) that are not explicitly disclosed in the Rule 68 offer. The required notice must disclose all terms, including but not limited to the scope of any releases, any commitments regarding confidentiality or non-disparagement, and the apportionment of attorneys' fees. Any purported agreement that the parties fail to disclose in conformity with the foregoing requirements will be deemed void and unenforceable. Ordered by Magistrate Judge James Orenstein on 5/27/2020. (Almonte, Kelly)
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| 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 SNL Meat and Produce Corp.. (Bowens, Priscilla) |
| Filing 2 CONSENT to become party in a collective action. by Enrique Toc (Menken, Bruce) |
| Filing 1 COMPLAINT against SNL Meat and Produce Corp. filing fee $ 400, receipt number ANYEDC-12841028 Was the Disclosure Statement on Civil Cover Sheet completed -no,, filed by Enrique Toc. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Menken, Bruce) |
| Case Assigned to Judge Kiyo A. Matsumoto and Magistrate Judge James Orenstein. 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) |
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