Guiracocha et al v. Building Services, Inc. et al
| Maria Guiracocha, Benjamin Paredes, Hector Javier Santiago Lopez, Jose Santiago Hernandez, Scarlet Alexandra Moran Fernandez and Deisy Lopez Gomez |
| Building Services, Inc. doing business as Building Services, Inc., Michael Gomez and Guadalupe Castillo |
| 1:2022cv07533 |
| December 12, 2022 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Denial of Overtime Compensation |
| None |
Docket Report
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This docket was last retrieved on September 6, 2023. A more recent docket listing may be available from PACER.
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| Filing 21 Letter Response to Court's Order to Show Cause by Maria Guiracocha, Jose Santiago Hernandez, Deisy Lopez Gomez, Scarlet Alexandra Moran Fernandez, Benjamin Paredes, Hector Javier Santiago Lopez (Barton, Jesse) |
ORDER DISMISSING CASE. The Court is in receipt of Plaintiffs' letter, ECF No. #21 , indicating that "the parties did not explicitly request that the Court retain jurisdiction or keep the case open... [and that] the parties agree with the Court's position that the case should be dismissed." Accordingly, the Court dismisses the action pursuant to Rule 41(a)(2). Ordered by Judge Hector Gonzalez on 9/6/2023. (JN)
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ORDER TO SHOW CAUSE. Notwithstanding the fact that the Court has approved the parties' settlement agreement, see ECF No. #20 , the parties are directed to file a joint letter by September 6, 2023, explaining why the Court should not dismiss the action. Receiving settlement payment from Defendants does not appear to be a condition precedent for the release in the parties' settlement agreement. See ECF No. 19-1 at 4. New York law applies a canon of construction that "conditions precedent are not readily assumed" and, therefore, "must be expressed in unmistakable language." Sohm v. Scholastic Inc., 959 F.3d 39, 46 (2d Cir. 2020) (quoting Oppenheimer & Co. v. Oppenheim, Appel, Dixon & Co., 660 N.E.2d 415, 418 (N.Y. 1995)) (internal quotation marks omitted). Accordingly, any remaining claim that Plaintiffs may have related to the parties' settlement agreement would be "fundamentally a claim for breach of a contract," for which Plaintiffs must demonstrate "its own basis for jurisdiction." Hendrickson v. United States, 791 F.3d 354, 358 (2d Cir. 2015) (quoting Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 378, 381 (1994)) (internal quotation marks omitted). Ordered by Judge Hector Gonzalez on 8/23/2023. (JN)
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Filing 20
ORDER granting #19 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 5/8/2023. (JN)
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| Filing 19 MOTION for Settlement by Maria Guiracocha, Jose Santiago Hernandez, Deisy Lopez Gomez, Scarlet Alexandra Moran Fernandez, Benjamin Paredes, Hector Javier Santiago Lopez. (Attachments: #1 Exhibit A- Settlement Agreement) (Barton, Jesse) |
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ORDER granting in part #18 Motion for Extension of Time. The parties are directed to file their settlement agreement for review and approval as provided for in Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 206 (2d Cir. 2015), by May 8, 2023. In the event that the parties do not file the settlement agreement by May 8, 2023: Defendants are directed to file an answer by May 8, 2023, and the parties are further directed to file a joint letter and civil case management plan by May 12, 2023, in accordance with the Court's December 14, 2022, Scheduling Order, see ECF No. #8 .No further extensions will be granted. Ordered by Judge Hector Gonzalez on 4/20/2023. (JN)
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| Filing 18 MOTION for Extension of Time to File Settlement Documents and Fairness Application by Maria Guiracocha, Jose Santiago Hernandez, Deisy Lopez Gomez, Scarlet Alexandra Moran Fernandez, Benjamin Paredes, Hector Javier Santiago Lopez. (Barton, Jesse) |
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ORDER granting #17 Second Motion for Extension of Time to File Answer. The parties are directed to file a stipulation of dismissal by April 21, 2023. If the stipulation is not filed by that date, Defendants are directed to file an answer by April 21, 2023, and the parties are further directed to file a joint letter and civil case management plan by April 27, 2023, in accordance with the Court's December 14, 2022 Scheduling Order, see ECF No. #8 . No further extensions will be granted absent good cause. Ordered by Judge Hector Gonzalez on 3/27/2023. (JN)
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| Filing 17 Second MOTION for Extension of Time to File Answer by Building Services, Inc.. (Berutti, Ronald) |
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ORDER granting #16 Motion for Extension of Time to File Answer. The Court is in receipt of Defendants' letter indicating that the parties are in the process of settling. The parties are directed to file a stipulation of dismissal by April 2, 2023. If the stipulation is not filed by that date, Defendants are directed to file an answer by April 2, 2023, and the parties are further directed to file a joint letter and civil case management plan by April 7, 2023, in accordance with the Court's December 14, 2022 Scheduling Order, see ECF No. #8 . In light of Defendants' appearance, the Court's January 31, 2023 Order directing Plaintiff to request a certificate of default is deemed moot. Ordered by Judge Hector Gonzalez on 3/6/2023. (JN)
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| Filing 16 First MOTION for Extension of Time to File Answer by Building Services, Inc., Guadalupe Castillo, Michael Gomez. (Berutti, Ronald) |
| Filing 15 NOTICE of Appearance by Ronald A. Berutti on behalf of Building Services, Inc., Guadalupe Castillo, Michael Gomez (aty to be noticed) (Berutti, Ronald) |
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ORDER granting #14 Motion to Withdraw as Attorney. Attorney Frank J. Palermo shall be removed from the docket. Ordered by Judge Hector Gonzalez on 2/21/2023. (JN)
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| Filing 14 MOTION to Withdraw as Attorney by Maria Guiracocha, Jose Santiago Hernandez, Deisy Lopez Gomez, Scarlet Alexandra Moran Fernandez, Benjamin Paredes, Hector Javier Santiago Lopez. (Palermo, Frank) |
| Filing 13 NOTICE of Appearance by Jesse S. Barton on behalf of Maria Guiracocha, Jose Santiago Hernandez, Deisy Lopez Gomez, Scarlet Alexandra Moran Fernandez, Benjamin Paredes, Hector Javier Santiago Lopez (aty to be noticed) (Barton, Jesse) |
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SCHEDULING ORDER. Plaintiff shall request a certificate of default by March 2, 2023. Plaintiffs shall file a motion for default judgment by no later than 45 days following an entry of default by the Clerk of Court. No pre-motion conference letter is required; Plaintiffs should file the motion for default judgment itself. In addition to the service requirements of the Federal Rules of Civil Procedure, Plaintiffs shall attempt to send each of the following documents, as soon as reasonably possible, directly either to Defendants or to one of Defendants' attorneys, employees, or other representatives: (i) the Clerk's Certificate of Default; (ii) this Order; and (iii) Plaintiffs papers in support of its motion for a default judgment. Within two business days of Plaintiffs filing their motion for a default judgment, Plaintiffs shall file a declaration by Plaintiffs counsel or other knowledgeable person describing Plaintiffs compliance with the notice instructions in this Order.Ordered by Judge Hector Gonzalez on 1/31/2023. (JN)
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| Filing 12 STATUS REPORT by Maria Guiracocha, Jose Santiago Hernandez, Deisy Lopez Gomez, Scarlet Alexandra Moran Fernandez, Benjamin Paredes, Hector Javier Santiago Lopez (Palermo, Frank) |
| Filing 11 SUMMONS Returned Executed by Deisy Lopez Gomez, Hector Javier Santiago Lopez, Benjamin Paredes, Maria Guiracocha, Jose Santiago Hernandez, Scarlet Alexandra Moran Fernandez. Michael Gomez served on 1/4/2023, answer due 1/25/2023. (Palermo, Frank) |
| Filing 10 SUMMONS Returned Executed by Deisy Lopez Gomez, Hector Javier Santiago Lopez, Benjamin Paredes, Maria Guiracocha, Jose Santiago Hernandez, Scarlet Alexandra Moran Fernandez. Guadalupe Castillo served on 12/16/2022, answer due 1/6/2023. (Palermo, Frank) |
| Filing 9 SUMMONS Returned Executed by Deisy Lopez Gomez, Hector Javier Santiago Lopez, Benjamin Paredes, Maria Guiracocha, Jose Santiago Hernandez, Scarlet Alexandra Moran Fernandez. Building Services, Inc. served on 12/15/2022, answer due 1/5/2023. (Palermo, Frank) |
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Filing 8
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 January 30, 2023 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 12/14/2022. (JN)
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| Filing 7 NOTICE of Appearance by Frank J Palermo on behalf of Maria Guiracocha, Jose Santiago Hernandez, Deisy Lopez Gomez, Scarlet Alexandra Moran Fernandez, Benjamin Paredes, Hector Javier Santiago Lopez (aty to be noticed) (Palermo, Frank) |
| Filing 6 Summons Issued as to Building Services, Inc., Guadalupe Castillo, Michael Gomez. (KD) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| 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. (KD) |
| Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case. (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 3 Proposed Summons. Re #1 Complaint, by Maria Guiracocha, Jose Santiago Hernandez, Deisy Lopez Gomez, Scarlet Alexandra Moran Fernandez, Benjamin Paredes, Hector Javier Santiago Lopez (Sojo, Catalina) |
| Filing 2 Civil Cover Sheet.. Re #1 Complaint, by Maria Guiracocha, Jose Santiago Hernandez, Deisy Lopez Gomez, Scarlet Alexandra Moran Fernandez, Benjamin Paredes, Hector Javier Santiago Lopez (Sojo, Catalina) |
| Filing 1 COMPLAINT against Building Services, Inc., Guadalupe Castillo, Michael Gomez filing fee $ 402, receipt number ANYEDC-16220253 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Deisy Lopez Gomez, Hector Javier Santiago Lopez, Benjamin Paredes, Maria Guiracocha, Jose Santiago Hernandez, Scarlet Alexandra Moran Fernandez. (Sojo, Catalina) |
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