Ramirez v. 206-16 Hollis Ave. Food Corp. et al
| Fermin Ramirez |
| Jose Espinal, 206-16 Hollis Ave. Food Corp. doing business as Compare Foods and Theo |
| 1:2023cv00601 |
| January 26, 2023 |
| US District Court for the Eastern District of New York |
| Kiyo A Matsumoto |
| Taryn A Merkl |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Denial of Overtime Compensation |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 17, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 14 Letter MOTION for Extension of Time to File Answer and to vacate the certificate of default by 206-16 Hollis Ave. Food Corp., Jose Espinal. (Spiegel, Jeffrey) |
| Filing 13 NOTICE of Appearance by Jeffrey Spiegel on behalf of 206-16 Hollis Ave. Food Corp., Jose Espinal (aty to be noticed) (Spiegel, Jeffrey) |
| Filing 12 NOTICE of Appearance by Joan Badere Lopez on behalf of 206-16 Hollis Ave. Food Corp., Jose Espinal (aty to be noticed) (Lopez, Joan) |
| Filing 11 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant 206-16 Hollis Ave. Food Corp., Jose Espinal has failed to appear or otherwise defend this action, the default of defendant 206-16 Hollis Ave. Food Corp., Jose Espinal is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (JP) |
ORDER granting #14 Motion for Extension of Time to Respond. The Court is in receipt of #14 Letter, which represents that Plaintiff consented to a 30-day extension of time for Defendants to respond to #1 Complaint, on the condition that "Defendants waive the defenses of personal jurisdiction and improper service only." The #11 entry of default is hereby VACATED. Defendants shall respond to Plaintiff's Complaint by April 17, 2023. Ordered by Judge Kiyo A. Matsumoto on 3/17/2023. (ML)
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ORDER: The Court is in receipt of Plaintiff's Status Report dated 3/14/2023 ( #10 ), indicating Plaintiff's intention to file a motion for default judgment. Counsel is respectfully reminded that the initiation of any motion practice must comport with the Chambers Practices of the Hon. Kiyo A. Matsumoto, and must comply with Fed. R. Civ. P. 55 and # EDNY Local Civil Rules 7.1, 55.1, and 55.2. In the absence of filing a motion, Plaintiff shall file a further status report by 5/13/2023. Ordered by Magistrate Judge Taryn A. Merkl on 3/15/2023. (JF)
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| Filing 10 STATUS REPORT by Fermin Ramirez (Oates, William) |
| Filing 9 AFFIDAVIT/AFFIRMATION re #8 Request for Certificate of Default by Fermin Ramirez (Oates, William) |
| Filing 8 Request for Certificate of Default by Fermin Ramirez (Attachments: #1 Exhibit A - Certificate of Default - Corporate Defendant, #2 Exhibit B - Certificate of Default - Individual Defendant) (Oates, William) |
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STATUS REPORT ORDER: On 1/26/2023, Plaintiff filed a Complaint ( #1 ). On 2/14/2023 and 2/21/2023, Plaintiff filed proof of service ( #5 , #7 ). To date, neither Defendant has answered, moved, or otherwise responded to the Complaint. Plaintiff is directed to file a status report advising the Court on the current status of the case by 3/30/2023. Ordered by Magistrate Judge Taryn A. Merkl on 3/9/2023. (JF)
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| Filing 7 SUMMONS Returned Executed by Fermin Ramirez. (Sojo, Catalina) |
| Filing 6 NOTICE of Appearance by William Kevin Oates on behalf of Fermin Ramirez (aty to be noticed) (Oates, William) |
| Filing 5 SUMMONS Returned Executed by Fermin Ramirez. 206-16 Hollis Ave. Food Corp. served on 2/8/2023, answer due 3/1/2023; Jose Espinal served on 2/8/2023, answer due 3/1/2023. (Sojo, Catalina) |
| Filing 4 AFFIDAVIT of Service for Summons & complaint served on Nisette Estevez on 02/08/2023, filed by Fermin Ramirez. (Sojo, Catalina) |
| Filing 3 Summons Issued as to 206-16 Hollis Ave. Food Corp., Jose Espinal. (KD) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| Case Assigned to Judge Kiyo A. Matsumoto and Magistrate Judge Taryn A. Merkl. 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) |
| 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 1 COMPLAINT against 206-16 Hollis Ave. Food Corp., Jose Espinal filing fee $ 402, receipt number ANYEDC-16349114 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Fermin Ramirez. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Sojo, Catalina) |
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