Villegas et al v. Jorge's Restaurant Corp. et al
| Alicia Villegas, Dayna Osorno and Janice Osorno Pichardo |
| JORGE RESTAURANT CORP. doing business as CABANA JORGE, Maria Baez, Augustin Baez, Rafael Rodriguez and Jorge's Restaurant Corp. doing business as Cabana Jorge |
| 1:2023cv01492 |
| February 24, 2023 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Denial of Overtime Compensation |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 19, 2023. A more recent docket listing may be available from PACER.
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ORDER granting #9 Motion to Withdraw as Attorney. Attorney William Kevin Oates shall be removed from the docket. Ordered by Judge Hector Gonzalez on 4/19/2023. (JN)
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| Filing 10 Letter re: Order response (Dkt 6) by Dayna Osorno, Janice Osorno Pichardo, Alicia Villegas (Sojo, Catalina) |
| Filing 9 MOTION to Withdraw as Attorney by Dayna Osorno, Janice Osorno Pichardo, Alicia Villegas. (Oates, William) |
| Filing 8 MOTION to Withdraw as Attorney by Dayna Osorno, Janice Osorno Pichardo, Alicia Villegas. (Sojo, Catalina) |
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ORDER. In light of Defendant Jorge's Restaurant Corp.'s failure to answer, Plaintiffs shall seek an entry of default against Defendant Jorge's Restaurant Corp. by May 9, 2023. Plaintiffs shall file a motion for default judgment by no later than 30 days following an entry of default by the Clerk of Court. No pre-motion conference letter is required; Plaintiff 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 Defendant Jorge's Restaurant Corp. or to one of Defendant's 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.Plaintiffs are further directed to file a letter no longer than three pages on or before May 2, 2023, describing Plaintiffs' efforts to serve Defendants Maria Baez, Augustin Baez and Rafael Rodriguez. Alternatively, if Plaintiffs complete service on Defendants before that date, then Plaintiffs shall promptly file proof of service. If Plaintiffs fail to file the letter required by this Order, or if Plaintiffs' letter demonstrates a lack of diligence in attempting service, then the Court is unlikely to extend the deadline for Plaintiffs to complete service under Rule 4(m) -- May 24, 2023 -- in the absence of unusual circumstances demonstrating good cause. Ordered by Judge Hector Gonzalez on 4/18/2023. (JN)
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| Filing 7 SUMMONS Returned Executed by Alicia Villegas, Janice Osorno Pichardo, Dayna Osorno. Jorge's Restaurant Corp. served on 3/7/2023, answer due 3/28/2023. (Sojo, Catalina) |
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Filing 6
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 April 17, 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 3/2/2023. (JN)
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| Filing 5 Summons Issued as to Augustin Baez, Maria Baez, Jorge's Restaurant Corp., Rafael Rodriguez. (KD) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| Filing 3 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 2 NOTICE of Appearance by William Kevin Oates on behalf of Dayna Osorno, Janice Osorno Pichardo, Alicia Villegas (aty to be noticed) (Oates, William) |
| Filing 1 COMPLAINT against Augustin Baez, Maria Baez, JORGE RESTAURANT CORP., Rafael Rodriguez filing fee $ 402, receipt number ANYEDC-16442091 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Alicia Villegas, Janice Osorno Pichardo, Dayna Osorno. (Attachments: #1 Civil Cover Sheet, #2 Summons and Rider) (Sojo, Catalina) |
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