Cardoza v. Madonna Food Sales, Inc. et al
| Sandra Marlene Cardoza |
| Madonna Food Sales, Inc. doing business as Chicken Delight and Vincent J Madonna |
| 1:2023cv00204 |
| January 11, 2023 |
| US District Court for the Eastern District of New York |
| Diane Gujarati |
| Cheryl L Pollak |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| None |
Docket Report
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ORDER denying #16 Pre-Motion Letter and granting leave to amend: In Plaintiff's #18 REPLY in Opposition to Defendants' #16 Pre-Motion Letter, Plaintiff requests leave to amend the Complaint in this action. See ECF No. 18 at 4. The Court has determined that leave to amend is appropriate here, where the record does not reflect any undue delay, bad faith by Plaintiff, that amendment at this stage will result in undue prejudice to Defendants, or that amendment would be futile. See Fed. R. Civ. P. 15(a)(2) (providing that "[t]he court should freely give leave [to amend] when justice so requires"); Adlife Mktg. & Commc'ns Co. v. Best Yet Mkt., Inc., No. 17-CV-02978, 2018 WL 4568801, at *1 (E.D.N.Y. Sept. 24, 2018) ("Unless there is a showing of bad faith, undue delay, futility or undue prejudice to the non-moving parties, the district court should grant leave to amend."). Plaintiff shall file any amended complaint on or before April 10, 2023, in accordance with the undersigned's Individual Practice Rules. See Individual Practice Rule I.E. Defendants' #16 Letter request for a pre-motion conference is denied without prejudice to Defendants renewing their request after that deadline. Ordered by Judge Diane Gujarati on 3/9/2023. (KA)
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| Filing 18 REPLY in Opposition re #16 Letter filed by Sandra Marlene Cardoza. (Stillman, Lina) |
| Filing 17 Corporate Disclosure Statement by Vincent J Madonna, Madonna Food Sales, Inc. (Jayaratnam, Ashwini) |
| Filing 16 Letter Pre-Motion Letter to Judge Gujarati by Vincent J Madonna, Madonna Food Sales, Inc. (Jayaratnam, Ashwini) |
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ORDER striking 15 MOTION to Dismiss -- Defendants are directed to comply with the undersigned's Individual Practice Rules governing the filing of motions to dismiss. See Individual Practice Rule III.A. The Clerk of Court is respectfully directed to strike Docket Entry 15 from the docket. Ordered by Judge Diane Gujarati on 3/2/2023. (KA)
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| Filing 15 MOTION to Dismiss Fed R. Civ. P.12(b)(6) to Dismiss the Complaint by Vincent J Madonna, Madonna Food Sales, Inc.. (Attachments: # 1 Affidavit Affidavit by Ashwini Jayaratnam, # 2 Exhibit A 2023-01-11 Complaint, # 3 Memorandum in Support Memorandum of Law in Support) (Jayaratnam, Ashwini) STRICKEN pursuant to Judge Gujarati's Order dated 3/2/23. (KA) |
| Filing 14 NOTICE of Appearance by Ashwini Jayaratnam on behalf of All Defendants (aty to be noticed) (Jayaratnam, Ashwini) |
| Filing 13 NOTICE of Appearance by William A Brewer, III on behalf of All Defendants (aty to be noticed) (Brewer, William) |
| Filing 12 SUMMONS Returned Executed by Sandra Marlene Cardoza. (Stillman, Lina) |
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Filing 11
SCHEDULING ORDER: An Initial Conference is set for 4/12/2023 @ 2:15 PM before Magistrate Judge Cheryl L. Pollak. Initial conference will proceed via AT&T conference call. Please dial 877-336-1839 at 2:15 PM. Enter Access code: 380-1746 and security code: 23-0204. So Ordered by Magistrate Judge Cheryl L. Pollak on 2/6/2023. (DC)
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Filing 10
ORDER re #9 Stipulation filed by Vincent J Madonna, Madonna Food Sales, Inc. Defendants to answer or otherwise respond to Complaint by 3/3/2023. So Ordered by Magistrate Judge Cheryl L. Pollak on 2/5/2023. (MK)
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| Filing 9 STIPULATION re #8 Summons Returned Executed, #7 Summons Returned Executed by Vincent J Madonna, Madonna Food Sales, Inc. (Jayaratnam, Ashwini) |
| Filing 8 SUMMONS Returned Executed by Sandra Marlene Cardoza. Vincent J Madonna served on 1/23/2023, answer due 2/13/2023. (Stillman, Lina) |
| Filing 7 SUMMONS Returned Executed by Sandra Marlene Cardoza. Madonna Food Sales, Inc. served on 1/13/2023, answer due 2/3/2023. (Stillman, Lina) |
| Filing 6 Summons Issued as to Vincent J Madonna, Madonna Food Sales, Inc.. (KD) |
| Filing 5 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) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
| Case Assigned to Judge Diane Gujarati and Chief Magistrate Cheryl L. Pollak. 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 Civil Cover Sheet.. by Sandra M Cardoza (Stillman, Lina) |
| Filing 2 Proposed Summons. by Sandra M Cardoza (Stillman, Lina) |
| Filing 1 COMPLAINT against Vincent J Madonna, Madonna Food Sales, Inc. filing fee $ 402, receipt number ANYEDC-16301548 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Sandra M Cardoza. (Stillman, Lina) Modified on 1/12/2023 (LJ). |
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