Betancourt v. 206-16 Hollis Ave. Food Corp. et al
| Maxwell Alexis Tejeda Betancourt |
| 206-16 Hollis Ave. Food Corp., Jose Espinal and Teofilo De Jesus |
| 1:2023cv00779 |
| February 2, 2023 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Eric R Komitee |
| Labor: Fair Standards |
| 28 U.S.C. § 1331 Fed. Question: Fair Labor Standards |
| Plaintiff |
Docket Report
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| Filing 16 Letter MOTION for Extension of Time to File Answer with explanation as to why a belated answer is permissible and why default should not be entered by 206-16 Hollis Ave. Food Corp., Teofilo De Jesus, Jose Espinal. (Spiegel, Jeffrey) |
ORDER: The Motion for an Extension of Time to Answer #15 is denied without prejudice to renewal. Defendants seek to extend the time to answer, move, or otherwise respond to the Complaint. Defendant Espinal's Answer was due on 3/8/2023. Because they are seeking to extend the time to answer after the time to do so has passed, Defendants must file a motion by 4/3/2023 that explains why, under the standards set forth in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), a belated answer is permissible, and why a default should not be entered. Liang v. Home Reno Concepts, LLC, 803 F. App'x 444, 446 n.2 (2d Cir. 2020) ("If an answer is filed late, the court may treat the issue as one of default. See John v. Sotheby's, Inc., 141 F.R.D. 29, 35 (S.D.N.Y. 1992) ('The filing of a late answer is analogous to a motion to vacate a default.') (citing Meehan v. Snow, 652 F.2d 274, 276 (2d Cir. 1981)). The court may then consider whether, under the factors discussed in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), default should be vacated."). So Ordered by Magistrate Judge Sanket J. Bulsara on 3/20/2023. (MD)
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| Filing 15 Letter MOTION for Extension of Time to File Answer by 206-16 Hollis Ave. Food Corp., Teofilo De Jesus, Jose Espinal. (Spiegel, Jeffrey) |
| Filing 14 NOTICE of Appearance by Jeffrey Spiegel on behalf of 206-16 Hollis Ave. Food Corp., Teofilo De Jesus, Jose Espinal (aty to be noticed) (Spiegel, Jeffrey) |
| Filing 13 NOTICE of Appearance by Joan Badere Lopez on behalf of 206-16 Hollis Ave. Food Corp., Teofilo De Jesus, Jose Espinal (aty to be noticed) (Lopez, Joan) |
| Filing 12 SUMMONS Returned Executed by Maxwell Alexis Tejeda Betancourt. 206-16 Hollis Ave. Food Corp. served on 2/27/2023, answer due 3/20/2023. (Avshalumov, Roman) |
| Filing 11 SUMMONS Returned Executed by Maxwell Alexis Tejeda Betancourt. Jose Espinal served on 2/16/2023, answer due 3/9/2023. (Avshalumov, Roman) |
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Filing 10
SCHEDULING ORDER: A telephonic initial conference will be held at 2:00 P.M. on 06/09/2023 before Magistrate Judge Sanket J. Bulsara. The parties are directed to call the toll-free number 877-336-1274; access code is 6534420. Plaintiff is directed to notify defendants of this scheduling order at the time defendants makes an appearance in this matter. Counsel are also directed to complete the attached Rule 26(f) Report and electronically file same with the Court no later than 06/07/2023. Should the parties wish to adopt a plan for discovery different from the structure in the Rule 26(f) Report, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Upon receipt of this email counsel shall confirm with each other of the date and time of this telephonic initial conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 2/22/2023. (EM)
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| Filing 9 SUMMONS Returned Executed by Maxwell Alexis Tejeda Betancourt. 206-16 Hollis Ave. Food Corp. served on 2/16/2023, answer due 3/9/2023. (Avshalumov, Roman) |
| Filing 8 Summons Issued as to 206-16 Hollis Ave. Food Corp., Teofilo De Jesus, Jose Espinal. (KD) |
| Filing 7 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| Filing 6 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 Eric R. Komitee and Magistrate Judge Sanket J. Bulsara. 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 5 NOTICE of Appearance by Avraham Y. Scher on behalf of Maxwell Alexis Tejeda Betancourt (aty to be noticed) (Scher, Avraham) |
| Filing 4 NOTICE of Appearance by James Patrick Peter O'Donnell on behalf of Maxwell Alexis Tejeda Betancourt (aty to be noticed) (O'Donnell, James) |
| Filing 3 Proposed Summons. Re #2 Proposed Summons/Civil Cover Sheet, #1 Complaint, by Maxwell Alexis Tejeda Betancourt (Avshalumov, Roman) |
| Filing 2 Civil Cover Sheet.. Re #1 Complaint, by Maxwell Alexis Tejeda Betancourt (Avshalumov, Roman) |
| Filing 1 COMPLAINT against 206-16 Hollis Ave. Food Corp., Teofilo De Jesus, Jose Espinal filing fee $ 402, receipt number ANYEDC-16369738 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Maxwell Alexis Tejeda Betancourt. (Avshalumov, Roman) |
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