Gualito Parra v. MLJ Painting Corp. et al
| Erick Gualito Parra, Luiz Lopez and Deyson Cardona |
| MLJ Painting Corp. and Joseph Picataggi |
| 1:2021cv04887 |
| August 30, 2021 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Labor: Fair Standards |
| None |
Docket Report
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| Filing 25 MEMORANDUM in Support re #24 MOTION to Dismiss Claims One through Three of Plaintiffs' Third Amended Complaint Pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure filed by MLJ Painting Corp., Joseph Picataggi. (Solomon, Andrew) |
| Filing 24 MOTION to Dismiss Claims One through Three of Plaintiffs' Third Amended Complaint Pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure by MLJ Painting Corp., Joseph Picataggi. (Solomon, Andrew) |
| Filing 23 First MOTION to Certify FLSA Collective Action by Deyson Cardona, Erick Gualito Parra, Luiz Lopez. (Attachments: #1 Affidavit, #2 Affidavit, #3 Affidavit, #4 Affidavit) (Aronauer, Jacob) |
| Minute Entry and Order for Initial Status Conference held on 10/26/2021 before Judge Brian M. Cogan. Counsel for both sides appeared by telephone. The Court set the following discovery schedule: the parties shall exchange their Rule 26(a)(1) disclosures by 11/02/2021; serve interrogatories and written discovery requests by 11/16/2021; and respond to interrogatories and produce discovery by 12/16/2021. Defendants are to file their answer and any counterclaims by 10/29/2021 and their Fed. R. Civ. P. 12(c) motion by 11/09/2021; response due 11/23/2021; reply due 11/30/2021. (Weisberg, Peggy) |
| Filing 22 AMENDED COMPLAINT against MLJ Painting Corp., Joseph Picataggi, filed by Erick Gualito Parra, Luis Lopez, Deyson Cardona. (Aronauer, Jacob) |
| Filing 21 First MOTION for pre motion conference by Deyson Cardona, Erick Gualito Parra, Luis Lopez. (Attachments: #1 Exhibit) (Aronauer, Jacob) |
ORDER striking #21 . Plaintiffs are not required to seek the Court's leave to amend their complaint if opposing counsel has consented in writing. See Fed. R. Civ. P. 15(a)(2). If opposing counsel has appropriately consented, plaintiffs should separately file the third amended complaint forthwith. If opposing counsel refuses to consent in writing, then plaintiffs may refile their motion at such time. Ordered by Judge Brian M. Cogan on 10/25/2021. (Weisberg, Peggy)
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| Filing 20 REPORT of Rule 26(f) Planning Meeting (Aronauer, Jacob) |
| Filing 19 AMENDED COMPLAINT against MLJ Painting Corp., Joseph Picataggi, filed by Erick Gualito Parra, Luis Lopez, Deyson Cardona. (Aronauer, Jacob) |
| Filing 18 First MOTION to Amend/Correct/Supplement by Deyson Cardona, Erick Gualito Parra, Luis Lopez. (Attachments: #1 Exhibit) (Aronauer, Jacob) |
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ORDER granting #18 . Plaintiff should separately file the second amended complaint forthwith. Ordered by Judge Brian M. Cogan on 10/14/2021. (Weisberg, Peggy)
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| Filing 17 AMENDED COMPLAINT against MLJ Painting Corp., Joseph Picataggi, filed by Erick Gualito Parra, Luis Lopez, Deyson Cardona. (Aronauer, Jacob) |
| Filing 16 Consent MOTION to Adjourn Conference /Initial Status Conference by MLJ Painting Corp., Joseph Picataggi. (Solomon, Andrew) |
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ORDER granting #16 . Initial Status Conference adjourned to 10/26/2021 at 9:30 AM; joint summary letter shall be filed by 10/21/2021; case management plan to be filed on the docket two days before the conference. Parties will use the toll-free number 888-684-8852, access code 6427877# and security code 4887#. Ordered by Judge Brian M. Cogan on 10/1/2021. (Weisberg, Peggy)
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| Filing 15 First MOTION for Extension of Time to File by Erick Gualito Parra. (Aronauer, Jacob) |
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ORDER granting #15 . Amended complaint shall be filed by 10/6/2021. Ordered by Judge Brian M. Cogan on 9/24/2021. (Weisberg, Peggy)
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| Filing 14 CONSENT to become party in a collective action. by Erick Gualito Parra (Aronauer, Jacob) |
| Filing 13 CONSENT to become party in a collective action. by Luis Lopez (Aronauer, Jacob) |
| Minute Entry and Order for Premotion Conference held on 09/14/2021 before Judge Brian M. Cogan. Counsel for both sides present by telephone. Plaintiff shall file an amended complaint by 09/29/2021. See transcript for details. (Court Reporter: Anthony Frisolone). (Weisberg, Peggy) |
| Filing 12 MEMORANDUM in Opposition to Defendants' request to move to dismiss the case filed by Erick Gualito Parra. (Aronauer, Jacob) |
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SCHEDULING ORDER: Plaintiff is directed to file a detailed response to defendants' #10 letter by 9/8/2021. A premotion conference on the proposed motion to dismiss is scheduled for 9/14/2021 at 9:30 am by telephone. Parties will use the toll-free number 888-684-8852, access code 6427877# and security code 4887#. Ordered by Judge Brian M. Cogan on 9/2/2021. (Weisberg, Peggy)
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| Filing 11 NOTICE of Appearance by Nathan Roberts on behalf of MLJ Painting Corp., Joseph Picataggi (aty to be noticed) (Roberts, Nathan) |
| Filing 10 Letter MOTION for pre motion conference re Motion to Dismiss the Complaint by MLJ Painting Corp., Joseph Picataggi. (Attachments: #1 Exhibit A, #2 Exhibit B) (Solomon, Andrew) |
| Filing 9 NOTICE of Appearance by Andrew Todd Solomon on behalf of MLJ Painting Corp., Joseph Picataggi (aty to be noticed) (Solomon, Andrew) |
| Filing 8 Summons Issued as to MLJ Painting Corp., Joseph Picataggi. (Neptune, Pierre) |
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Filing 7
SCHEDULING ORDER: A telephonic Initial Status Conference is set for 10/12/2021 at 11:30 am. Parties will use the toll-free number 888-684-8852, access code 6427877# and security code 4887#. The parties are directed to comply with the attached mandatory requirements including filing on the docket a completed case management plan prior to the conference. Ordered by Judge Brian M. Cogan on 8/31/2021. (Weisberg, Peggy)
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| Filing 6 Proposed Summons. by Erick Gualito Parra (Aronauer, Jacob) |
| Filing 5 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. (Neptune, Pierre) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Neptune, Pierre) |
| Your proposed summons was not issued for the following reason: The civil case number entered on the summons (21-CV-4487) is incorrect. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (Neptune, Pierre) |
| Case Assigned to Judge Brian M. Cogan. 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. (Neptune, Pierre) |
| Filing 3 Proposed Summons. by Erick Gualito Parra (Aronauer, Jacob) |
| Filing 2 Civil Cover Sheet.. by Erick Gualito Parra (Aronauer, Jacob) |
| Filing 1 COMPLAINT against MLJ Painting Corp., Joseph Picataggi filing fee $ 402, receipt number ANYEDC-14795743 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Erick Gualito Parra. (Aronauer, Jacob) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please submit a completed 2 Page Form Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Davis, Kimberly) |
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