Mendoza v. Amazing Floor Service Corp. et al
| Cesar Mendoza |
| Sean Rock and Amazing Floor Service Corp. |
| Michael Levy |
| 1:2021cv02799 |
| May 18, 2021 |
| US District Court for the Eastern District of New York |
| Rachel P Kovner |
| Ramon E Reyes |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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| Filing 28 SATISFACTION OF JUDGMENT re #27 Clerk's Judgment,,, entered In favor of Cesar Mendoza Against Amazing Floor Service Corp., In favor of Cesar Mendoza Against Sean Rock by Cesar Mendoza (Abraham, Sharan) |
| Filing 27 CLERK'S JUDGMENT that judgment is entered in favor of Plaintiff Cesar Mendoza and opt-in Plaintiffs Jose Luis Ortega Esteban, Omar Mendoza Ortega, Jesus Mendoza Ortega and against Defendants Amazing Floor Service Corp., and Sean Rock, individually, in the total amount of seventy thousand dollars ($70,000.00, hereinafter referred to as the "Judgment Amount"), inclusive of all attorneys' fees, costs, and expenses, and without any admission of liability, for all of the Causes of Action contained in Plaintiffs' Complaint, based upon facts existing as of the date of acceptance of the offer. (See attachment for breakdown). So Ordered by Jalitza Poveda, Deputy Clerk on behalf of Brenna B. Mahoney, Clerk of Court on 5/27/2022. (Herrera, Isaiah) |
| Filing 26 NOTICE of Acceptance with Offer of Judgment by Cesar Mendoza (Attachments: #1 Exhibit A - Offer of Judgment) (Abraham, Sharan) |
| Filing 25 CONSENT to become party in a collective action. by Cesar Mendoza (Abraham, Sharan) |
| Filing 24 STATUS REPORT (Jointly) pursuant to the Court's Order dated May 4, 2022 by Cesar Mendoza (Abraham, Sharan) |
ORDER: In light of the joint status letter #24 , the parties are directed to submit a further either joint status letter or the documents necessary to implement their settlement by 5/25/2022. Ordered by Judge Rachel P. Kovner on 5/11/2022. (Daus, Benjamin)
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SCHEDULING ORDER: The parties are directed to file a joint status letter by 5/11/2022. Ordered by Judge Rachel P. Kovner on 5/4/2022. (Daus, Benjamin)
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| REPORT of Mediation settled. Both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be submitted within two weeks following mediation session.Mediation Report due by 5/2/2022. (Weinstein, Robyn) |
| Filing 23 AFFIDAVIT of Service for Court Authorized Notice of Lawsuit and Consent to Join Lawsuit Forms (ECF NO. 21, Exhibits A&B) served on Pablo Ramirez, Hugo Cruz, Victor Seminario, Irvin Sanchez, Cesar Seminario, Faustino Mendoza, Aldo Bautista Gonzalez, Marco Cruz, Alejandro Estrada, Victor Velasquez Aurelio, Edgar Cruz, Marcelo Gonzalez, Gerardo Gonzalez, Ariel Rafae Lopez, Jesus Gonzaleez, Claudio Gonzalez, Emmanuel Segundo, Elias Figueroa Benal on December 23, 2021, filed by Sean Rock. (Cortegiano, Mark) |
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ORDER granting #22 Motion for Extension of Time the parties' deadline to hold a mediation conference from December 3, 2021 until April 15, 2022. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/20/2021. (Vertus, Miriam)
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| Filing 22 Letter MOTION for Extension of Time to File / extend the mediation deadline by Cesar Mendoza. (Abraham, Sharan) |
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Filing 21
ORDER granting #20 Stipulation and proposed notices re: Motion to Certify FLSA Collective Action. So Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/10/2021. (Vertus, Miriam)
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| Filing 20 Letter regarding stipulation and proposed notices by Cesar Mendoza (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B) (Abraham, Sharan) Modified to add Motion to Certify FLSA Collective Action on 12/6/2021 as per (RER)(Vertus, Miriam). |
| Filing 19 Letter MOTION to Withdraw as Attorney requesting the removal of Caroline M. Shulim, Esq. by Cesar Mendoza. (Borrelli, Michael) |
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ORDER granting #19 Motion to Withdraw as Attorney. Attorney Caroline McLean Shulim terminated. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 11/22/2021. (Vertus, Miriam)
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| Filing 18 NOTICE of Appearance by Sharan Rachel Abraham on behalf of Cesar Mendoza (aty to be noticed) (Abraham, Sharan) |
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ORDER granting #17 Motion for Extension of Time to File Stipulation and Proposed notice on November 12, 2021, to permit Defendants' counsel additional time to confer with Defendants about the proposed documents to be filed. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 11/4/2021. (Vertus, Miriam)
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| Filing 17 Letter MOTION for Extension of Time to File stipulation and proposed notice by Cesar Mendoza. (Shulim, Caroline) |
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ORDER re #16 Status Report filed by Cesar Mendoza: The parties are directed to file a Stipulation on conditional certification and proposed collective action notice due within 14 days, or motion for conditional certification, fully briefed, due within 45 days. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 10/19/2021. (Vertus, Miriam)
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| Filing 16 STATUS REPORT (Jointly) pursuant to the Court's Order dated August 23, 2021, by Cesar Mendoza (Shulim, Caroline) |
| SELECTION OF MEDIATOR: Michael Levy selected as Mediator. The first mediation session will take place on TBD. Fourteen days on or before the session date, counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation in person. Attendance in person is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. The Confidentiality Stipulation must be signed at the mediation session by all participants and the Mediator and returned via e-mail nyed_adr@nyed.uscourts.gov or fax (718) 613-2333. Contact information for the Mediator is on the docket sheet. 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. Report of Mediation due by TBD. (Priftakis, Tina) |
| Filing 15 Letter MOTION to Withdraw as Attorney requesting the removal of Michael R. Minkoff, Esq. by Cesar Mendoza. (Borrelli, Michael) |
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ORDER granting #15 Motion to Withdraw as Attorney. Attorney Michael R. Minkoff terminated. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 9/24/2021. (Vertus, Miriam)
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| Filing 14 NOTICE of Appearance by Caroline McLean Shulim on behalf of Cesar Mendoza (aty to be noticed) (Shulim, Caroline) |
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ORDER granting #13 Motion for Extension of Time to File selection of mediator. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 9/3/2021. (Vertus, Miriam)
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| Filing 13 MOTION for Extension of Time to File selection of mediator by Cesar Mendoza. (Minkoff, Michael) |
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Filing 12
ORDER AND MEDIATION REFERRAL IN ACTION UNDER FLSA & NYLL: The parties are directed to adhere to the instructions in the attached order. ORDER REFERRING CASE to Mediation. (Selection of Mediator due by 9/6/2021) Status Report regarding Settlement is due on 10/19/2021; Mediation shall be completed by 12/3/2021. Within 14 days after the completion of mediation, counsel must file a Status Report regarding mediation. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 8/23/2021. (Vertus, Miriam)
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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) |
| Filing 11 ANSWER to #1 Complaint, by All Defendants. (Attachments: #1 Rule 7.1 Disclosure) (Cortegiano, Mark) |
| Filing 10 Joint MOTION for Extension of Time to File Answer re #1 Complaint, by Stipulation to August 6, 2021 and accepting service and tolling the Statute of Limitations by Amazing Floor Service Corp., Sean Rock. (Cortegiano, Mark) |
| Filing 9 STIPULATION Accepting Service of the Summons and Complaint, Agreeing to August 6, 2021 as Defendants' time to Answer and Tolling the Applicable Statute of Limitations by Amazing Floor Service Corp., Sean Rock (Cortegiano, Mark) |
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ORDER granting #10 Motion for Defendants Amazing Floor Service Corp., and Sean Rock Extension of Time to Answer the Complaint #1 by August 6, 2021 and accepting service and tolling the Statute of Limitations. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 7/9/2021. (Vertus, Miriam)
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| Filing 8 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 7 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 6 Summons Issued as to All Defendants. (Bowens, Priscilla) |
| Case Assigned to Judge Rachel P. Kovner 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. (Bowens, Priscilla) |
| Filing 5 NOTICE of Appearance by Alexander T. Coleman on behalf of Cesar Mendoza (aty to be noticed) (Coleman, Alexander) |
| Filing 4 NOTICE of Appearance by Michael J. Borrelli on behalf of Cesar Mendoza (aty to be noticed) (Borrelli, Michael) |
| Filing 3 Proposed Summons. Re #1 Complaint, by Cesar Mendoza (Minkoff, Michael) |
| Filing 2 Civil Cover Sheet.. by Cesar Mendoza (Minkoff, Michael) |
| Filing 1 COMPLAINT against Amazing Floor Service Corp., Sean Rock filing fee $ 402, receipt number ANYEDC-14483430, filed by Cesar Mendoza. (Attachments: #1 Consent to Join Class Collective, #2 Consent to Join Class Collective, #3 Consent to Join Class Collective) (Minkoff, Michael) |
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