Gonzalez v. 170 31st St. Real Estate Inc. et al
| JUAN GONZALEZ |
| 170 31ST ST. REAL ESTATE INC., JOHN F SINDONI and VINCENT J TRUNCALI, Jr. |
| 1:2023cv01679 |
| March 5, 2023 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 26, 2023. A more recent docket listing may be available from PACER.
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| Filing 11 Letter re: Service as per Order of 3/28/2023 by Juan Gonzalez (Gangat, Mohammed) |
| Filing 10 SUMMONS Returned Executed by Juan Gonzalez. John F Sindoni served on 4/13/2023, answer due 5/4/2023. (Gangat, Mohammed) |
| Filing 9 DECLARATION re Status Report Order,,,,,, by Juan Gonzalez (Gangat, Mohammed) |
| Filing 8 SUMMONS Returned Executed by Juan Gonzalez. Vincent J Truncali, Jr served on 3/28/2023, answer due 4/18/2023. (Gangat, Mohammed) |
Filing 7
SCHEDULING ORDER: Counsel for all parties who have appeared as of May 2, 2023, are directed to file on the docket by that date a joint letter describing the case and a completed civil case management plan, 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. Plaintiff's counsel shall notify Defendants' counsel of this scheduling order, in writing, as soon as reasonably possible.Although the Court will be amenable to a reasonable extension of Defendants' deadline to answer or otherwise respond to Plaintiff's complaint, the Court will require the parties to demonstrate additional good cause to adjourn the deadline for filing the joint letter and proposed case management plan required by this order because the Court does not need Defendants' answer(s) to set a discovery schedule. Ordered by Judge Hector Gonzalez on 3/28/2023. (BH)
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| Filing 6 Letter Regarding Service by Juan Gonzalez (Gangat, Mohammed) |
| Filing 5 SUMMONS Returned Executed by Juan Gonzalez. 170 31st St. Real Estate Inc. served on 3/13/2023, answer due 4/3/2023. (Gangat, Mohammed) |
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ORDER: The Court has received Plaintiff's letter, see ECF No. #6 , describing Plaintiff's efforts to serve Plaintiff's complaint and a summons on Defendants, which indicates that although Defendant 170 31st St. Real Estate Inc. has been served, Defendants John F. Sindoni and Vincent J. Truncali, Jr. have not. Plaintiff shall file another letter no longer than three pages on or before April 26, 2023, describing Plaintiff's efforts to serve those Defendants. Alternatively, if Plaintiff completes service on Defendants Sindoni or Truncali before that date, then Plaintiff shall promptly file proof of service.If Plaintiff fails to file the letter required by this order, or if Plaintiff's letter demonstrates a lack of diligence in attempting service, then the Court is unlikely to extend the deadline for Plaintiff to complete service on Defendants Sindoni or Truncali under Rule 4(m) in the absence of unusual circumstances demonstrating good cause. Ordered by Judge Hector Gonzalez on 3/28/2023. (BH)
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ORDER: The Court previously ordered Plaintiff to file a letter on or before March 27, 2023, describing Plaintiff's efforts to serve Plaintiff's complaint and a summons on each Defendant. Plaintiff has failed to file the letter or request an extension of Plaintiff's deadline to do so. Plaintiff shall file the letter required by the Court's prior order on or before March 30, 2023. The Court warns Plaintiff that future failures timely to comply with the Court's orders may result in sanctions. Ordered by Judge Hector Gonzalez on 3/28/2023. (BH)
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ORDER: The Court has received an affidavit of service filed by Plaintiff, see ECF No. #5 , which indicates that Plaintiff served Defendant 170 31st St. Real Estate Inc. by delivering Plaintiff's complaint and a summons to the New York Secretary of State. As a courtesy to Defendant 170 31st St. Real Estate Inc., and to facilitate its prompt appearance, Plaintiff's counsel shall mail a copy of Plaintiff's complaint and a summons to the address for Defendant 170 31st St. Real Estate Inc. identified for service of process made available on the Secretary of State's website: https://apps.dos.ny.gov/publicInquiry/.Plaintiff's counsel shall file a declaration on or before April 4, 2023, confirming Plaintiff's compliance with this order or, alternatively, explaining why Plaintiff was unable to comply with this order.If Plaintiff fails to mail copies of Plaintiff's complaint and a summons as required by this order, and Defendant 170 31st St. Real Estate Inc. eventually enters an untimely appearance, the Court will likely vacate any entry of default or default judgment against such Defendant unless the circumstances unambiguously demonstrate that Defendant actually received notice of Plaintiff's complaint. Additionally, the Court may decline to award Plaintiff a default judgment against Defendant 170 31st St. Real Estate Inc. unless Plaintiff can show that Defendant has received notice of Plaintiff's complaint and has willfully failed to appear. Ordered by Judge Hector Gonzalez on 3/28/2023. (BH)
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ORDER: Plaintiff shall file a letter no longer than three pages on or before March 27, 2023, describing Plaintiff's efforts to serve Plaintiff's complaint and a summons on each Defendant. If Plaintiff fails to file the letter required by this order, or if Plaintiff's letter demonstrates a lack of diligence in attempting service, then the Court is unlikely to extend the deadline for Plaintiff to complete service under Rule 4(m) in the absence of unusual circumstances demonstrating good cause.The Court will not extend the deadline for Plaintiff to file the letter required by this order unless Plaintiff requests an extension in accordance with Section I.D of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 3/9/2023. (BH)
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| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
| 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. (SR) |
| Filing 2 Summons Issued as to All Defendants. (SR) |
| 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. (SR) |
| Filing 1 COMPLAINT against 170 31ST ST. REAL ESTATE INC., JOHN F SINDONI, VINCENT J TRUNCALI, Jr filing fee $ 402, receipt number ANYEDC-16466457 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by JUAN GONZALEZ. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Gangat, Mohammed) |
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