Morales et al v. Rise Development Partners, LLC et al
| Juan Maldonado and Israel Morales |
| Rise Concrete LLC, Jose Alvarez, Rise Development Partners, LLC, Barry Caldwell and LBS Maintenance Corp. |
| 1:2020cv03517 |
| August 4, 2020 |
| US District Court for the Eastern District of New York |
| LaShann DeArcy Hall |
| James Orenstein |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing 7
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 8/5/2020. (Almonte, Kelly)
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| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 5 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 4 Summons Issued as to All Defendants. (Bowens, Priscilla) |
| Case Assigned to Judge LaShann DeArcy Hall 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) |
| Filing 3 Proposed Summons. Re #2 Proposed Summons/Civil Cover Sheet, #1 Complaint, by Juan Maldonado, Israel Morales (Avshalumov, Roman) |
| Filing 2 Civil Cover Sheet.. Re #1 Complaint, by Juan Maldonado, Israel Morales (Avshalumov, Roman) |
| Filing 1 COMPLAINT against Jose Alvarez, Barry Caldwell, LBS Maintenance Corp., Rise Concrete LLC, Rise Development Partners, LLC filing fee $ 400, receipt number ANYEDC-13161853 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Israel Morales, Juan Maldonado. (Avshalumov, Roman) |
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