Duran v. El Malecon Restaurant Bar Inc et al
Plaintiff: Pedro Francisco Duran
Defendant: El Malecon Restaurant Bar Inc doing business as El Malecon Restaurant, Victor Nunez doing business as El Malecon Restaurant and Jose Manuel Guerrero doing business as El Malecon Restaurant
Case Number: 1:2022cv00116
Filed: January 7, 2022
Court: US District Court for the Eastern District of New York
Presiding Judge: Ann M Donnelly
Referring Judge: Peggy Kuo
Nature of Suit: Labor: Fair Standards
Cause of Action: 28 U.S.C. ยง 1331 Fed. Question: Fair Labor Standards
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 15, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 4, 2022 Filing 7 STATUS REPORT by Pedro Francisco Duran (Cabrera, Heriberto) Modified on 3/4/2022 to reflect this is a motion for extension of time to file (O'Neil-Berven, Ryan).
March 4, 2022 Opinion or Order ORDER granting #7 Motion for Extension of Time to File. Plaintiff is directed to file a further status report indicating how he intends to proceed, including whether he will seek a certificate of default by March 18, 2022. Ordered by Magistrate Judge Peggy Kuo on 3/4/2022. (O'Neil-Berven, Ryan)
February 25, 2022 Opinion or Order ORDER: The time to answer has passed. By March 4, 2022, Plaintiff is ordered to file a status report indicating how he intends to proceed, including whether he will seek a certificate of default. See Local Civ. R. 55.2(a). Ordered by Magistrate Judge Peggy Kuo on 2/25/2022. (O'Neil-Berven, Ryan)
January 26, 2022 Filing 6 SUMMONS Returned Executed by Pedro Francisco Duran. El Malecon Restaurant Bar Inc served on 1/13/2022, answer due 2/3/2022; Jose Manuel Guerrero served on 1/11/2022, answer due 2/1/2022; Victor Nunez served on 1/11/2022, answer due 2/1/2022. (Attachments: #1 Affidavit of Service, #2 Affidavit of Service, #3 Affidavit of Service) (Cabrera, Heriberto)
January 10, 2022 Opinion or Order 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 7, 2022. 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 1/10/2022. (O'Neil-Berven, Ryan)
January 7, 2022 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)
January 7, 2022 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. (Neptune, Pierre)
January 7, 2022 Filing 2 Summons Issued as to All Defendants. (Neptune, Pierre)
January 7, 2022 Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-15175860 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Pedro Francisco Duran. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Cabrera, Heriberto)
January 7, 2022 Case Assigned to Judge Ann M Donnelly 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. (Neptune, Pierre)

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Plaintiff: Pedro Francisco Duran
Represented By: Heriberto A. Cabrera
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Defendant: El Malecon Restaurant Bar Inc doing business as El Malecon Restaurant
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Defendant: Victor Nunez doing business as El Malecon Restaurant
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Defendant: Jose Manuel Guerrero doing business as El Malecon Restaurant
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