Arias v. Elegante Restaurant, Inc. et al
| Claudio Arias |
| Antonio Amato, Frank Amato and Elegante Restaurant, Inc. doing business as Elegante |
| 1:2021cv03095 |
| June 1, 2021 |
| US District Court for the Eastern District of New York |
| Margo K Brodie |
| Roanne L Mann |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Denial of Overtime Compensation |
| Plaintiff |
Docket Report
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| Filing 11 Minute Entry for Initial Conference Hearing held before Magistrate Judge Roanne L. Mann on 7/27/2021. The Court conducts a telephonic initial conference. The case is referred to court-annexed mediation to be completed by September 30, 2021. Defendant must produce time records and its cash book entries relating to plaintiff by August 3, 2021, and ADP paychecks by August 10, 2021. Fact discovery must be completed by January 31, 2022. Pleadings may be amended and new parties added as of right by August 31, 2021. Requests for a premotion conference before the District Court are due by February 11, 2022. The parties must file a joint post-mediation status report by October 1, 2021; in the event the parties have agreed to settle the case, the report should be filed as a letter motion requesting that the discovery schedule be held in abeyance. See attached. (Proujansky, Josh) |
| 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 10 CASE MANAGEMENT STATEMENT Joint Case Management Statement (Faillace, Michael) |
| Filing 9 NOTICE of Appearance by Stephen D. Hans on behalf of All Defendants (notification declined or already on case) (Hans, Stephen) |
Filing 8
SCHEDULING ORDER: A telephonic initial conference will be held on July 27, 2021 @ 11:15 a.m. before Magistrate Judge Roanne L. Mann. SEE ATTACHED: ORDER, INITIAL CONFERENCE QUESTIONNAIRE, AND MANDATORY REQUIREMENTS FOR CONFERENCE.Counsel are directed to confer to jointly fill out and docket the attached questionnaire by 3:00 p.m. on July 23, 2021. *** To dial in to the initial conference, the parties are directed to call (877) 336-1839 and type in the access code 6672833.If the parties are initially unable to connect to the call, please try again as the third-party conference call system has been overloaded at times. Ordered by Magistrate Judge Roanne L. Mann on 7/6/2021. (LK)
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| Filing 7 ANSWER to #1 Complaint, by All Defendants. (Hans, Stephen) |
| Filing 6 SUMMONS Returned Executed by Claudio Arias. Elegante Restaurant, Inc. served on 6/14/2021, answer due 7/5/2021. (Faillace, Michael) |
| Filing 5 NOTICE of Appearance by James O LaRusso on behalf of Claudio Arias (aty to be noticed) (LaRusso, James) |
| 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. (Attachments: #1 Frank summons, #2 Antonio summons) (Bowens, Priscilla) |
| Case Assigned to Chief Judge Margo K. Brodie and Magistrate Judge Roanne L. Mann. 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 1 COMPLAINT against Antonio Amato, Frank Amato, Elegante Restaurant, Inc. filing fee $ 402, receipt number ANYEDC-14524241 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Claudio Arias. (Attachments: #1 Proposed Summons, #2 Proposed Summons, #3 Proposed Summons, #4 Civil Cover Sheet) (Faillace, Michael) |
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