Lucero v. G.V.P. Caterers, Inc. et al
| Luis Enrique Lucero |
| G.V.P. Caterers, Inc. doing business as El Caribe Country Club Caterers and Phillip C. Kelly |
| 1:2022cv06712 |
| November 3, 2022 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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Filing 16
ORDER DISMISSING CASE as per Stipulation of Dismissal filed at ECF No. [14-1] at 7. The Court accepts the stipulation with the exception that the Court will not retain jurisdiction over the parties or the action. Ordered by Judge Hector Gonzalez on 4/3/2023. (JN)
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Filing 15
ORDER granting #14 Motion for Settlement. For the reasons set forth in the accompanying Order, the Court grants the parties' joint motion to approve Defendants' proposed settlement, as required by Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). Ordered by Judge Hector Gonzalez on 4/3/2023. (JN)
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| Filing 14 Joint MOTION for Settlement (Cheeks Motion) by Luis Enrique Lucero. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Leon, Louis) |
| Filing 13 First MOTION for Extension of Time to File Settlement Agreement by Luis Enrique Lucero. (Leon, Louis) |
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ORDER granting #13 Motion for Extension of Time to File Settlement Agreement. The parties are directed to file a settlement agreement by March 30, 2023. In the event that the parties do not file the settlement agreement, the parties are directed to file a joint letter and civil case management plan on March 30, 2023, as per the Court's November 8, 2022 Scheduling Order, ECF No. #5 . Ordered by Judge Hector Gonzalez on 2/28/2023. (JN)
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| Case returned from mediation. (DS) |
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ORDER granting #12 Motion to Stay Due to Settlement in Principle. The Court directs the parties to file the proposed settlement agreement by February 28, 2023. All other deadlines are adjourned sine die. Ordered by Judge Hector Gonzalez on 2/2/2023. (JN)
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| Filing 12 MOTION to Stay due to settlement in principle by G.V.P. Caterers, Inc., Phillip C. Kelly. (Domanick, Timothy) |
| Filing 11 MOTION for Extension of Time to File by G.V.P. Caterers, Inc., Phillip C. Kelly. (Domanick, Timothy) |
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ORDER REFERRING CASE to Mediation. The Court is in receipt of the parties letter request for mediation. See ECF No. #11 . This case is referred to the Eastern District of New York's Court-Annexed Mediation program. Selection of a mediator is due by February 10, 2023. The mediation is to be completed 30 days after the parties select a mediator. Information related to this mediation program is available on the Court's public website (https://www.nyed.uscourts.gov/mediation). Ordered by Judge Hector Gonzalez on 1/20/2023. (JN)
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ORDER granting in part and denying in part #11 Motion for Extension of Time to File. The Court denies the parties' request to adjourn all applicable deadlines. The parties' joint letter and case management plan is due by February 3, 2023, in accordance with the Court's November 8, 2022 Scheduling Order, see ECF No. #5 . Defendant's answer is due by February 3, 2023. The Court grants the parties' request to be referred to the Eastern District of New York's Court-Annexed Mediation Program. Ordered by Judge Hector Gonzalez on 1/20/2023. (JN)
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| 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 is available at: https://www.nyed.uscourts.gov/adr-forms, and must be signed by all participants, including the mediator. The signed confidentiality stipulation must be uploaded via the Courts website here: https://edny.app.box.com/f/1fabaa0a170b4fd293704738238fd876. 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. (TP) |
| Filing 10 Letter MOTION for Extension of Time to File completed civil case management plan by G.V.P. Caterers, Inc., Phillip C. Kelly. (Domanick, Timothy) |
| Filing 9 Letter MOTION for Extension of Time to File Answer re #1 Complaint, by G.V.P. Caterers, Inc., Phillip C. Kelly. (Domanick, Timothy) |
| Filing 8 NOTICE of Appearance by Timothy James Domanick on behalf of All Defendants (aty to be noticed) (Domanick, Timothy) |
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ORDER granting #10 Motion for Extension of Time to File. The parties are directed to file a joint letter and case management plan by February 3, 2023, in accordance with the Court's November 8, 2022 Scheduling Order, see ECF No. #5 . Ordered by Judge Hector Gonzalez on 12/20/2022. (JN)
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ORDER granting #9 Motion for Extension of Time to Answer re #1 Complaint. Defendants are directed to file an answer or otherwise respond to Plaintiff's complaint by February 3, 2023. Further extensions are unlikely absent good cause. Ordered by Judge Hector Gonzalez on 12/20/2022. (JN)
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| Filing 7 SUMMONS Returned Executed by Luis Enrique Lucero. G.V.P. Caterers, Inc. served on 11/14/2022, answer due 12/5/2022. (Leon, Louis) |
| Filing 6 SUMMONS Returned Executed by Luis Enrique Lucero. Phillip C. Kelly served on 11/28/2022, answer due 12/19/2022. (Leon, Louis) |
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Filing 5
SCHEDULING ORDER: Counsel for all parties are directed to file on the docket a joint letter describing the case and a completed civil case management plan by December 23, 2022, as further described in the attached mandatory requirements. Requests for adjournment of the deadline for these submissions will be considered only if made in writing and otherwise in accordance with Section I.D of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 11/8/2022. (JN)
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| Filing 4 Summons Issued as to G.V.P. Caterers, Inc., Phillip C. Kelly. (KD) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| Filing 2 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. (KD) |
| Case Assigned to Judge Hector Gonzalez. 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. (KD) |
| Filing 1 COMPLAINT against G.V.P. Caterers, Inc., Phillip C. Kelly filing fee $ 402, receipt number ANYEDC-16107658 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Luis Enrique Lucero. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Leon, Louis) |
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