Garcia v. Obresta Corp. et. al.
Plaintiff: Angie Garcia
Defendant: Obresta Corp. doing business as Antojitos Ecuatorianos and Ramon Obregon
Case Number: 1:2022cv01131
Filed: March 2, 2022
Court: US District Court for the Eastern District of New York
Presiding Judge: Brian M Cogan
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. ยง 201 Fair Labor Standards Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 28, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 28, 2022 Opinion or Order Filing 12 STIPULATION AND ORDER dated 4/28/22 re: Conditional Certification, Issuance of Collective Action Notice and Disclosure of Contact Information re: #11 Motion to Certify FLSA Collective Action. ( Ordered by Judge Brian M. Cogan on 4/28/2022 ) (Guzzi, Roseann)
April 28, 2022 Filing 11 Consent MOTION to Certify FLSA Collective Action -- Stipulation and proposed order (Request to be so ordered) by Angie Garcia. (Attachments: #1 Exhibit Proposed Notice and Consent to Join Form, #2 Exhibit Proposed Reminder Notice Form) (Farnworth, Matthew)
April 28, 2022 Opinion or Order ORDER re: #10 Letter. Payment of the additional $150 in sanctions is stayed pending further Order of the Court. Defense counsel is going to have to pay closer attention to the Orders of this Court. In addition, counsel is advised that any letter filed in this action must include in the ECF entry line a brief description of the subject matter of the letter, e.g., "Letter informing Court receipt of check," not simply, "Letter", so that the docket remains intelligible. Do not refile. Ordered by Judge Brian M. Cogan on 4/28/2022. (Weisberg, Peggy)
April 27, 2022 Filing 10 Letter to Judge Cogan by Angie Garcia (Farnworth, Matthew)
April 27, 2022 Opinion or Order ORDER. On 04/14/2022, defendants' attorneys were directed to pay sanctions, with proof of payment made on the docket within 7 days. Defendants' attorneys have failed to do so, despite being warned that further sanctions may be imposed. Therefore, defendants' attorneys are to pay an additional $150 in sanctions, for a total of $300, with proof of payment filed by 5/01/2022, one day prior to the rescheduled initial status conference. If defendants fail to do so, the rescheduled initial status conference will be adjourned sine die, and the Court will consider further sanctions. Ordered by Judge Brian M. Cogan on 4/27/2022. (Weisberg, Peggy)
April 14, 2022 Minute Entry and Order for Initial Status Conference held on 04/14/2022 before Judge Brian M. Cogan. Counsel for plaintiff appeared by telephone; defendants' counsel did not appear. Defendants' attorneys shall pay $150 to plaintiff through her counsel pursuant to Fed. R. Civ. P. 16(f) to mitigate the cost of plaintiff's counsel appearing for no reason. Such amount is payable within 7 days with proof of payment made on the docket or further sanctions may be imposed. By 4/28/2022, plaintiff is to file her motion or stipulation for conditional certification. The initial status conference is rescheduled to 5/2/2022 at 9:30 am. Parties will use the toll-free number 888-684-8852 followed by access code 6427877#. When the conference begins parties will be prompted to input the security code 1131#. (Weisberg, Peggy)
April 12, 2022 Set/Reset Hearing: Initial Status Conference set for 3:30 pm on 4/14/2022 is reset to 11:30 am. Parties will use the toll-free number 888-684-8852 followed by access code 6427877#. When the conference begins, parties will be prompted to input the security code 1131#. (Weisberg, Peggy)
April 8, 2022 Filing 9 Letter -- Joint Letter in connection with Initial Status Conference by Angie Garcia (Attachments: #1 Exhibit Proposed Discovery Worksheet) (Farnworth, Matthew)
March 31, 2022 Filing 8 ANSWER to #1 Complaint, by Ramon Obregon, Obresta Corp.. (Bustos, Pablo)
March 29, 2022 Filing 7 SUMMONS Returned Executed by Angie Garcia. Obresta Corp. served on 3/23/2022, answer due 4/13/2022. (Farnworth, Matthew)
March 29, 2022 Filing 6 SUMMONS Returned Executed by Angie Garcia. Ramon Obregon served on 3/21/2022, answer due 4/11/2022. (Farnworth, Matthew)
March 3, 2022 Opinion or Order Filing 5 SCHEDULING ORDER: A telephonic Initial Status Conference is set for 4/14/2022 at 3:30 pm. Parties will use the toll-free number 888-684-8852 followed by access code 6427877#. When the conference begins parties will be prompted to input the security code 1131#. See attached mandatory requirements for the conference. Ordered by Judge Brian M. Cogan on 3/3/2022. (Weisberg, Peggy)
March 3, 2022 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)
March 3, 2022 Filing 3 Summons Issued as to All Defendants. (Bowens, Priscilla)
March 3, 2022 Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen)
March 2, 2022 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. (Bowens, Priscilla)
March 2, 2022 Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-15338144 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Angie Garcia. (Attachments: #1 Proposed Summons Exhibit A, #2 Civil Cover Sheet Exhibit B) (Farnworth, Matthew)

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Plaintiff: Angie Garcia
Represented By: Matthew John Farnworth
Represented By: Peter Arcadio Romero
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Defendant: Obresta Corp. doing business as Antojitos Ecuatorianos
Represented By: Pablo Esteban Bustos
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Defendant: Ramon Obregon
Represented By: Pablo Esteban Bustos
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