Zapoteco et al v. Rapi, Inc. et al
| Yani Macareno, Jorge Rivas, Carlos Sebastian Sandobal, Fredy Rojas Perez, Auner Guardado Hernandez and Marcelino Zapoteco |
| Rapi, Inc. d/b/a Brioso Ristorante, Pietro DiMaggio, Raffaele DiMaggio, Lisa DiMaggio and Rapi, Inc. doing business as Brioso Ristorante |
| 1:2020cv06335 |
| December 29, 2020 |
| US District Court for the Eastern District of New York |
| LaShann DeArcy Hall |
| Ramon E Reyes |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| None |
Docket Report
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| Document Text |
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| Filing 38 Proposed Scheduling Order by Lisa DiMaggio, Pietro DiMaggio, Rapi, Inc. (Leonard, Alexander) |
| Filing 37 MOTION for Extension of Time to File Answer re #1 Complaint, and extension of time to oppose motion for attachment and preliminary injunction by Lisa DiMaggio, Pietro DiMaggio, Rapi, Inc.. (Leonard, Alexander) |
| Filing 36 NOTICE of Appearance by Jeffrey Alan Miller on behalf of Lisa DiMaggio, Pietro DiMaggio, Rapi, Inc. (aty to be noticed) (Miller, Jeffrey) |
AMENDED ORDER: The Court's February 10, 2021 order is VACATED. Defendants' request #34 , made with consent of Plaintiffs, to adjourn the preliminary injunction hearing scheduled for February 11, 2021 is GRANTED. Defendants' opposition papers shall be filed by March 2, 2021. Plaintiffs' reply, if any, shall be filed by March 9, 2021. Moreover, whereas Defendants Pietro and Lisa DiMaggio stipulate [34-1] that they have not transferred, assigned, or encumbered any real property or assets with a value of $25,000 or more since being served with the summons, complaint, and order to show cause on January 11, 2021, except for business and vendor transaction at any company in which they have an ownership interesting or are principals, Defendants Pietro and Lisa DiMaggio, upon their consent, are ORDERED not to transfer, assign, or encumber any real property or assets with a value of $25,000 of more until the Court rules on Plaintiffs' motion for an attachment and preliminary injunction, except for business and vendor transaction at any company in which the respective Defendant has an ownership interest or is a principal that would encumber the Defendant's ownership interest in the company. A preliminary injunction hearing shall be held telephonically on April 13, 2021 at 10:00 a.m. The parties are directed to use the following conference line and dial-in information: toll free number 1-888-684-8852; access code 1537693. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Defendants' request for an extension until March 5, 2021 to answer, move, or otherwise respond to the complaint is also GRANTED. Ordered by Judge LaShann DeArcy Hall on 2/17/2021. (Williams, Erica)
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| Filing 35 Letter by Auner Guardado Hernandez, Yani Macareno, Fredy Rojas Perez, Jorge Rivas, Carlos Sebastian Sandobal, Marcelino Zapoteco (Harris, Jessica) |
| Filing 34 MOTION for Extension of Time to File Answer re #1 Complaint, and to oppose motion for attachment/preliminary hearing, and adjournment of hearing by Lisa DiMaggio, Pietro DiMaggio, Rapi, Inc.. (Attachments: #1 Stipulation) (Leonard, Alexander) |
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ORDER: Due to a conflict in the Court's calendar, the preliminary injunction hearing scheduled for February 10, 2021 at 9:30 a.m. is ADJOURNED to February 11, 2021 at 9:30 a.m. The parties are directed to use the following conference line and dial-in information: toll free number 1-888-684-8852; access code 1537693. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Ordered by Judge LaShann DeArcy Hall on 2/10/2021. (Williams, Erica)
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ORDER: Defendants' request #34 , made with consent of Plaintiffs, to adjourn the preliminary injunction hearing scheduled for February 11, 2021 is GRANTED. Defendants' opposition papers shall be filed by March 2, 2021. Plaintiffs' reply, if any, shall be filed by March 9, 2021. A preliminary injunction hearing shall be held telephonically on April 13, 2021 at 10:00 a.m. The parties are directed to use the following conference line and dial-in information: toll free number 1-888-684-8852; access code 1537693. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Defendants' request for an extension until March 5, 2021 to answer, move, or otherwise respond to the complaint is also GRANTED. Ordered by Judge LaShann DeArcy Hall on 2/10/2021. (Berenyi, Alicia)
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| Filing 33 CONSENT to become party in a collective action. by Auner Guardado Hernandez, Yani Macareno, Fredy Rojas Perez, Jorge Rivas, Carlos Sebastian Sandobal, Marcelino Zapoteco (Kearl, Frank) |
| Filing 32 NOTICE of Appearance by Alexander Wilde Leonard on behalf of Lisa DiMaggio, Pietro DiMaggio, Rapi, Inc. (aty to be noticed) (Leonard, Alexander) |
| Filing 31 SUMMONS Returned Executed by Fredy Rojas Perez, Auner Guardado Hernandez, Jorge Rivas, Carlos Sebastian Sandobal, Marcelino Zapoteco, Yani Macareno. Rapi, Inc. served on 1/12/2021, answer due 2/2/2021. (Harris, Jessica) |
| Filing 30 SUMMONS Returned Executed by Fredy Rojas Perez, Auner Guardado Hernandez, Jorge Rivas, Carlos Sebastian Sandobal, Marcelino Zapoteco, Yani Macareno. Lisa DiMaggio served on 1/11/2021, answer due 2/1/2021. (Harris, Jessica) |
| Filing 29 SUMMONS Returned Executed by Fredy Rojas Perez, Auner Guardado Hernandez, Jorge Rivas, Carlos Sebastian Sandobal, Marcelino Zapoteco, Yani Macareno. Raffaele DiMaggio served on 1/11/2021, answer due 2/1/2021. (Harris, Jessica) |
| Filing 28 SUMMONS Returned Executed by Fredy Rojas Perez, Auner Guardado Hernandez, Jorge Rivas, Carlos Sebastian Sandobal, Marcelino Zapoteco, Yani Macareno. Pietro DiMaggio served on 1/11/2021, answer due 2/1/2021. (Harris, Jessica) |
| Filing 27 SUMMONS Returned Executed by Fredy Rojas Perez, Auner Guardado Hernandez, Jorge Rivas, Carlos Sebastian Sandobal, Marcelino Zapoteco, Yani Macareno. Rapi, Inc. served on 1/11/2021, answer due 2/1/2021. (Harris, Jessica) |
| Filing 26 CONSENT to become party in a collective action. by Auner Guardado Hernandez, Yani Macareno, Fredy Rojas Perez, Jorge Rivas, Carlos Sebastian Sandobal, Marcelino Zapoteco (Harris, Jessica) |
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Filing 25
ORDER ON TEMPORARY RESTRAINING ORDER AND TO SHOW CAUSE: For the reasons stated in the attached order, Plaintiffs' motion 14 for a temporary restraining order is DENIED. Defendants shall appear and show cause on February 10, 2021 at 9:30 a.m. via teleconference. The parties are directed to use the following conference line and dial-in information: toll free number 1-888-684-8852; access code 1537693. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. See attached order for additional details. Ordered by Judge LaShann DeArcy Hall on 1/8/2021. (Williams, Erica)
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| Filing 24 CONSENT to become party in a collective action. by Auner Guardado Hernandez, Yani Macareno, Fredy Rojas Perez, Jorge Rivas, Carlos Sebastian Sandobal, Marcelino Zapoteco (Harris, Jessica) |
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ORDER: In contravention of this Court's individual practices, Plaintiffs failed to email a copy of their proposed order 14 to chambers in word processing format. Plaintiffs shall do so by 12:00 p.m. Ordered by Judge LaShann DeArcy Hall on 1/6/2021. (Williams, Erica)
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| Filing 13 Summons Issued as to Lisa DiMaggio, Pietro DiMaggio, Raffaele DiMaggio, Rapi, Inc.. (Attachments: #1 Summons, #2 Summons, #3 Summons) (Davis, Kimberly) |
| Filing 12 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 11 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) |
| Case Assigned to Judge LaShann DeArcy Hall and Magistrate Judge Ramon E. Reyes, Jr. 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) |
| Filing 10 NOTICE of Appearance by Elizabeth Joynes Jordan on behalf of All Plaintiffs (aty to be noticed) (Jordan, Elizabeth) |
| Filing 9 NOTICE of Appearance by Kent Y. Hirozawa on behalf of Auner Guardado Hernandez, Yani Macareno, Fredy Rojas Perez, Jorge Rivas, Carlos Sebastian Sandobal, Marcelino Zapoteco (aty to be noticed) (Hirozawa, Kent) |
| Filing 8 CONSENT to become party in a collective action. by Fredy Rojas Perez (Harris, Jessica) |
| Filing 7 CONSENT to become party in a collective action. by Yani Macareno (Harris, Jessica) |
| Filing 6 CONSENT to become party in a collective action. by Carlos Sebastian Sandobal (Harris, Jessica) |
| Filing 5 NOTICE of Appearance by Frank Rankin Kearl on behalf of All Plaintiffs (aty to be noticed) (Kearl, Frank) |
| Filing 4 CONSENT to become party in a collective action. by Marcelino Zapoteco (Harris, Jessica) |
| Filing 3 CONSENT to become party in a collective action. by Jorge Rivas (Harris, Jessica) |
| Filing 2 CONSENT to become party in a collective action. by Auner Guardado Hernandez (Harris, Jessica) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-13908190 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Fredy Rojas Perez, Auner Guardado Hernandez, Jorge Rivas, Carlos Sebastian Sandobal, Marcelino Zapoteco, Yani Macareno. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons) (Harris, Jessica) |
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