Devora et al v. King of Jamaica Auto, Inc. et al
| Wilfredo Devora |
| King of Jamaica Auto, Inc. and Saman Arasheben |
| Joseph DiBenedetto |
| 1:2021cv05295 |
| September 23, 2021 |
| US District Court for the Eastern District of New York |
| Robert M Levy |
| Roanne L Mann |
| Allyne R Ross |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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| SELECTION OF MEDIATOR Joseph DiBenedetto selected as Mediator. The first mediation session will take place remotely on March 30, 2022 at 10:00am. 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 submitted within two weeks following mediation session. (Weinstein, Robyn) |
| Filing 16 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15377203. by Wilfredo Devora(on behalf of himself and others similarly situated). (Attachments: #1 Affidavit of Chanelle J. Ventura, Esq., #2 Exhibit A- Certificate of Good Standing) (Ventura, Chanelle) |
ORDER granting #16 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Robert M. Levy on 3/15/2022. (Marino, Janine)
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| REPORT of Mediation Rescheduled: The first mediation is rescheduled to take place on March 30, 2022. Report of Mediation due by 4/13/2022. (Priftakis, Tina) |
| Filing 15 Letter MOTION for Extension of Time to File Extension of Mediation Deadline by Wilfredo Devora(individually), Wilfredo Devora(on behalf of himself and others similarly situated). (Attachments: #1 Exhibit Email correspondence) (Frisch, Andrew) |
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ORDER granting #15 Letter MOTION for Extension of Time from 3/18/22 to 4/01/22 to Complete Mediation. Ordered by Magistrate Judge Robert M. Levy on 3/10/2022. (Marino, Janine)
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| Filing 14 Letter MOTION for Extension of Time to Complete Discovery [Mediation] by Wilfredo Devora(individually), Wilfredo Devora(on behalf of himself and others similarly situated). (Frisch, Andrew) |
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ORDER terminating #12 Motion for Extension of Time to File. Ordered by Magistrate Judge Robert M. Levy on 2/17/2022. (Marino, Janine)
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ORDER granting #14 Motion for Extension of Time from February 18, 2022 until March 18, 2022 to complete mediation. Ordered by Magistrate Judge Robert M. Levy on 2/17/2022. (Marino, Janine)
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| SELECTION OF MEDIATOR Joseph DiBenedetto selected as Mediator. The first mediation session will take place on March 4, 2022. 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 submitted within two weeks following mediation session. (Weinstein, Robyn) Modified on 2/15/2022 (Weinstein, Robyn). |
| REPORT of Mediation Rescheduled: The first mediation is scheduled to take place on February 14, 2022 at 10:00 AM. Report of Mediation due by 2/28/2022. (Priftakis, Tina) |
| Filing 13 SELECTION OF MEDIATOR: Joseph DiBenedetto selected as Mediator. The first mediation session will take place on January 19, 2022 via ZOOM. 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 2/2/2022. (Frisch, Andrew) Modified on 1/12/2022 to correct mediation date and mediation reports due date (Priftakis, Tina). |
| Filing 12 Letter MOTION for Extension of Time to File for Parties' to Select a Mediator by Wilfredo Devora(individually), Wilfredo Devora(on behalf of himself and others similarly situated). (Frisch, Andrew) |
| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Counsel present by telephone. Case referred to EDNY FLSA Mediation Panel. As agreed, As agreed, defendants shall produce payroll records, time keeping records, and any records supporting a claim of financial hardship by 1/3/22. Further discovery deferred until after the mediation. Initial Conference Hearing held on 11/15/2021 (Levy, Robert) |
| 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) |
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ORDER REFERRING CASE to Mediation. Mediation shall be completed by 2/18/22Selection of Mediator due by 11/29/2021. As agreed at the initial conference, As agreed at the initial conference, defendants shall produce payroll records, time keeping records, and any records supporting a claim of financial hardship by 1/3/22.Ordered by Magistrate Judge Robert M. Levy on 11/15/2021. (Levy, Robert)
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| Filing 11 ANSWER to #1 Complaint,, by All Defendants. (Hans, Stephen) |
| Filing 10 MOTION to Adjourn Conference to Magistrate Levy by Saman Arasheben, King of Jamaica Auto, Inc.. (Hans, Stephen) |
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ORDER granting #10 Motion to Adjourn Conference. Telephone Conference adjourned to 11/15/2021 at 4:30 PM before Magistrate Judge Robert M. Levy. Parties are directed to call 888-684-8852 and use access code # 6223489. Ordered by Magistrate Judge Robert M. Levy on 11/2/2021. (Marino, Janine) Modified, to correct time of conf. on 11/2/2021 (Marino, Janine).
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ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Robert M. Levy for all further proceedings. Magistrate Judge Roanne L. Mann no longer assigned to case 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. Ordered by Chief Judge Margo K. Brodie on 10/27/2021. (Bowens, Priscilla)
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SCHEDULING ORDER: A telephone conference is scheduled in this case and related case #21-CV-05261 (ARR)(RML) on November 8, 2021 at 2:00 p.m., before Magistrate Judge Robert M. Levy. Parties are directed to call 888-684-8852 and use access code # 6223489. Ordered by Magistrate Judge Robert M. Levy on 10/27/2021. (Marino, Janine)
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| Filing 9 MOTION to Reassign Case to Magistrate Levy by Saman Arasheben, King of Jamaica Auto, Inc.. (Hans, Stephen) |
| Filing 8 NOTICE of Appearance by Stephen D. Hans on behalf of All Defendants (aty to be noticed) (Hans, Stephen) |
| Filing 7 SUMMONS Returned Executed by Wilfredo Devora(on behalf of himself and others similarly situated), Wilfredo Devora(individually). King of Jamaica Auto, Inc. served on 10/13/2021, answer due 11/3/2021. (Frisch, Andrew) |
| Filing 6 SUMMONS Returned Executed by Wilfredo Devora(on behalf of himself and others similarly situated), Wilfredo Devora(individually). Saman Arasheben served on 9/30/2021, answer due 10/21/2021. (Frisch, Andrew) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 4 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 3 Summons Issued as to All Defendants. (Attachments: #1 Saman summons) (Bowens, Priscilla) |
| Filing 2 Civil Cover Sheet.. Re Notice: Re: Incomplete Civil Cover Sheet, by Wilfredo Devora(individually), Wilfredo Devora(on behalf of himself and others similarly situated) (Frisch, Andrew) |
| Filing 1 COMPLAINT COLLECTIVE/CLASS ACTION COMPLAINT AND DEMAND FOR JURY TRIAL against Saman Arasheben, King of Jamaica Auto, Inc. filing fee $ 402, receipt number ANYEDC-14865768 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Wilfredo Devora(on behalf of himself and others similarly situated), Wilfredo Devora(individually). (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons Def King of Jamaica Auto, Inc., #3 Proposed Summons Def Saman Arasheben) (Frisch, Andrew) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet (MISSING SECOND PAGE FORM). All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page needs to be answered. Please resubmit Civil Cover Sheet. (Bowens, Priscilla) |
| Case Assigned to Judge Allyne R. Ross 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) |
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