Valdez v. DL Fresh Corporation et al
| Alfredo Miranda Valdez |
| Yi Jin Cai, DL Fresh Corporation doing business as Ocean Pacific Seafood and Tenkaichi Corporation doing business as Ocean Pacific Seafood |
| 1:2020cv04604 |
| September 28, 2020 |
| US District Court for the Eastern District of New York |
| Ann M Donnelly |
| James Orenstein |
| Vera M Scanlon |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Denial of Overtime Compensation |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 19, 2020. A more recent docket listing may be available from PACER.
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STATUS REPORT ORDER: Defendants have failed to timely answer or otherwise respond to the Complaint. Defendants must answer by 12/10/2020. The Clerk's Office is requested to mail a copy of this Order and docket to Defendants. Ordered by Magistrate Judge Vera M. Scanlon on 11/19/2020. (Quinlan, Krista)
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| Case Reassigned to Magistrate Judge Vera M. Scanlon. Magistrate Judge James Orenstein no longer assigned to the case. 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. (Mahoney, Brenna) |
| Filing 8 SUMMONS Returned Executed by Alfredo Miranda Valdez. Yi Jin Cai served on 10/20/2020, answer due 11/10/2020. (Cooper, Peter) |
| Filing 7 SUMMONS Returned Executed by Alfredo Miranda Valdez. DL Fresh Corporation served on 10/8/2020, answer due 10/29/2020. (Cooper, Peter) |
| Filing 6 SUMMONS Returned Executed by Alfredo Miranda Valdez. Tenkaichi Corporation served on 10/8/2020, answer due 10/29/2020. (Cooper, Peter) |
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Filing 5
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 9/29/2020. (Almonte, Kelly)
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| Filing 4 Summons Issued as to Yi Jin Cai, DL Fresh Corporation, Tenkaichi Corporation. (Davis, Kimberly) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 2 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 1 COMPLAINT against Yi Jin Cai, DL Fresh Corporation, Tenkaichi Corporation filing fee $ 400, receipt number ANYEDC-13431809 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Alfredo Miranda Valdez. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Cooper, Peter) |
| Case Assigned to Judge Ann M Donnelly 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. (Davis, Kimberly) |
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