Torres v. Mike's Mastercraft Collision Center, Inc. et al
| Jorge W. Torres |
| Mike Peric, Nedeljka Peric and Mike's Mastercraft Collision Center, Inc. |
| 1:2021cv00403 |
| January 25, 2021 |
| US District Court for the Eastern District of New York |
| Eric R Komitee |
| Peggy Kuo |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Denial of Overtime Compensation |
| None |
Docket Report
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This docket was last retrieved on March 23, 2021. A more recent docket listing may be available from PACER.
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ORDER: Plaintiff is ordered to file a status report or show cause by March 30, 2021 why Plaintiff has not moved for default judgment in this action. Plaintiff is directed to Local Civil Rule 55.2(a)-(c). Plaintiff must first request a certificate of default against the defaulting party from the Clerk of Court. See Local Civ. R. 55.2(a). Then, Plaintiff may move the court for default judgment. The Court will not consider a motion for default judgment without a certificate of default appended to the motion. See Local Civ. R. 55.2(b). Any motion papers shall include (1) a notice of motion; (2) a memorandum of law; and (3) supporting affidavits and exhibits. See Local Civ. R. 7.1. Plaintiff is reminded that it remains Plaintiff's burden to demonstrate the well-pleaded allegations in the Complaint and establish Defendants' liability on each asserted cause of action. See BH99 Realty, LLC v. Qian Wen Li, No. 10-CV-0693 (FB) (JO), 2011 WL 1841530, at *3 (E.D.N.Y. Mar. 16, 2011), R&R adopted, 2011 WL 1838568 (E.D.N.Y. May 13, 2011). Plaintiff also "bears the burden of presenting proof of damages, which may take the form of documentary evidence and detailed affidavits." Pompey v. 23 Morgan II, LLC, 16-CV-2065 (ARR)(PK), 2017 WL 110272, at *4 (E.D.N.Y. Feb. 13, 2017). Ordered by Magistrate Judge Peggy Kuo on 3/23/2021. (O'Neil-Berven, Ryan)
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| Filing 8 SUMMONS Returned Executed by Jorge W. Torres. Nedeljka Peric served on 2/10/2021, answer due 3/3/2021. (Greenberg, Neil) |
| Filing 7 SUMMONS Returned Executed by Jorge W. Torres. Mike Peric served on 2/10/2021, answer due 3/3/2021. (Greenberg, Neil) |
| Filing 6 SUMMONS Returned Executed by Jorge W. Torres. Mike's Mastercraft Collision Center, Inc. served on 2/5/2021, answer due 2/26/2021. (Greenberg, Neil) |
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Filing 5
ORDER IN FLSA CASE REQUIRING DISCOVERY AND SETTING INITIAL PRETRIAL DISCOVERY AND MEDIATION SCHEDULE: The parties are ordered to engage in discovery as outlined in the attached Order, and to engage in early settlement discussions. A joint status report regarding settlement efforts must be filed by July 26, 2021. If the parties are unable to settle on their own, the case will be referred to EDNY Court-Annexed Mediation for formal mediation. The parties may move to waive these requirements and permit the parties to proceed by way of a Proposed Discovery Plan only for good cause, by filing a joint letter request on ECF. Ordered by Magistrate Judge Peggy Kuo on 1/25/2021. (O'Neil-Berven, Ryan)
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| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| 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. (Bowens, Priscilla) |
| Filing 2 Summons Issued as to All Defendants. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against Mike's Mastercraft Collision Center, Inc., Mike Peric, Nedeljka Peric filing fee $ 402, receipt number ANYEDC-14041197 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Jorge W. Torres. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Greenberg, Neil) |
| Case Assigned to Judge Eric R. Komitee and Magistrate Judge Peggy Kuo. 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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