Lopez v. Martha's Cocina Mexicana, LLC et al
| Luis Lopez |
| Martha's Cocina Mexicana, LLC and Francisco Simon |
| 1:2023cv02053 |
| March 16, 2023 |
| US District Court for the Eastern District of New York |
| LaShann DeArcy Hall |
| Taryn A Merkl |
| Labor: Fair Standards |
| 15 U.S.C. § 1938 Fair Labor Standards Act |
| None |
Docket Report
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This docket was last retrieved on October 23, 2023. A more recent docket listing may be available from PACER.
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| Filing 32 AFFIDAVIT of Service for Supplemental Default Judgement Brief served on Defendants on 10/19/2023, filed by Luis Lopez. (Attachments: #1 Exhibit Delivery on corporate defendant, #2 Exhibit Delivery on individual defendant) (Aronauer, Jacob) |
ORDER: Plaintiff's motion #31 for default judgment is respectfully REFERRED to Magistrate Judge Taryn A. Merkl. Ordered by Judge LaShann DeArcy Hall on 10/20/2023. (CG)
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| Filing 31 Second MOTION for Default Judgment by Luis Lopez. (Attachments: #1 Exhibit) (Aronauer, Jacob) |
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ORDER: The Court is in receipt of Plaintiff's Letters (ECF Nos. 28 and #29 ). The Clerk of Court is respectfully directed to strike the Letter filed at ECF No. 28, as it was filed in error. Ordered by Magistrate Judge Taryn A. Merkl on 10/6/2023. (KC)
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| Filing 30 AFFIDAVIT of Service for Court Order served on Both Defendants on 10/5/2023, filed by Luis Lopez. (Aronauer, Jacob) |
| Filing 29 Letter Corrected Letter. Please disregard earlier letter by Luis Lopez (Aronauer, Jacob) |
| Filing 28 Letter by Luis Lopez (Aronauer, Jacob) |
| Filing 27 AFFIDAVIT of Service for Court Order served on Defendants on 10/04/2023, filed by Luis Lopez. (Aronauer, Jacob) |
| Filing 26 First MOTION for Extension of Time to File by Luis Lopez. (Aronauer, Jacob) |
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ORDER: Motion for Extension of Time to File (ECF No. #26 ) is granted. The deadline for Plaintiff's supplemental submission, to be filed in response to the Court's September 27, 2023 ECF Order, is extended to 10/18/2023. Ordered by Magistrate Judge Taryn A. Merkl on 9/28/2023. (JF)
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ORDER: On 9/13/2023, the Court directed Defendants to have an attorney file a notice of appearance no later than 9/26/2023. To date, no such notice of appearance has been filed. Defendants shall have an attorney file a notice of appearance by 10/6/2023. Absent Defendants' filing a notice of appearance by 9/26/2023 as ordered, the Court takes Plaintiffs' motion (ECF No. #18 ) under advisement. By 10/11/2023, Plaintiff may file a supplemental submission responding to the questions posed by the Court at the default motion hearing, including: (1) supplemental briefing or authority on the question of Plaintiff's standing as to the wage notice/statement claims, including whether Plaintiff's alleged injury-in-fact is adequately pleaded in the operative Complaint, see, e.g., Veintimilla v. Sunny Builders NY, No. 22-CV-1446 (LDH) (TAM), 2023 WL 2969385, at *11 (E.D.N.Y. Feb. 17, 2023); see Guthrie v. Rainbow Fencing Inc., No. 21-CV-5929 (KAM) (RML), 2023 WL 2206568, at *5 (E.D.N.Y. Feb. 24, 2023) (collecting cases); (2) how to calculate Plaintiff's regular rate of pay, particularly addressing the applicability of the Department of Labor regulations and/or NYLL Rules for non-hospitality workers (see 29 C.F.R. 778.109), or further authority for Plaintiff's proposed methodology, which is based on a 40-hour week; (3) any further documentation as to the cost of service via the Secretary of State (compare Aff. of Service, ECF No. 8 (noting $40 in service fee) and Aronauer Decl., ECF No. 21, paragraph 27); (4) any supplemental authority for the hourly rates requested for counsel and support staff in Plaintiff's application for attorney's fees (see Aronauer Decl., ECF No. 21, at ECF p. 3; Pl.'s Mem., ECF No. 19, at 15 (requesting $175 for paralegal services)); and (5) the disparity between Plaintiff's Complaint (compare ECF No. 1, paragraph 22, alleging that Plaintiff worked 46 hours per week from May 30, 2022 to November 27, 2022; paragraph 26, alleging that Plaintiff worked 35 hours per week from November 28, 2022, to January 8, 2023), and Plaintiff's Damages Chart (ECF No. 21 at ECF p. 13, listing 52 hours worked per week from the week ending on 6/5/2022 to the week ending on 11/27/2022, and then listing 45 hours worked per week from the week ending on 12/4/2022 to the week ending on 1/8/2023). Plaintiff's counsel is respectfully directed to forward this Order to Defendants forthwith and to file proof of same on ECF by 10/4/2023. Ordered by Magistrate Judge Taryn A. Merkl on 9/27/2023. (JF)
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Minute Entry and Order: A telephonic Default Motion Hearing was held on 9/12/2023 before Magistrate Judge Taryn A. Merkl. Appearance by Jacob Aronauer for Plaintiff; Cindy Huesca also joined the call on behalf of Defendants. Discussion held regarding case status and discovery. Discussion of Plaintiff's motion for default judgment. Ms. Huesca represented that Defendants are working on obtaining counsel. Defendants are respectfully directed to have an attorney file a notice of appearance as soon as practicable, and no later than 9/26/2023. Should Defendants appear, the Court will schedule a status conference. Absent Defendants' filing a notice of appearance, the Court will take Plaintiffs' motion (ECF No. #18 ) under advisement and may rule on it at any time. In that event, Plaintiff will be permitted to file supplemental submissions responding to the Court's questions about Plaintiff's default motion. Plaintiff's counsel is respectfully directed to forward this Order to Defendants. Ordered by Magistrate Judge Taryn A. Merkl on 9/12/2023. (AT&T Log #2:39-2:51.) (KC)
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Filing 25
SCHEDULING ORDER: A telephonic Default Motion Hearing will take place on 9/12/2023 at 2:30 p.m. before Magistrate Judge Taryn A. Merkl. The parties are directed to call the toll-free number (877) 336-1839. The access code is 3914302. The parties shall dial in five (5) minutes before the scheduled conference. Although Defendants have not previously appeared, Defendants may participate in the conference. Counsel and the parties should be prepared to discuss Plaintiff's pending motion for default judgment at ECF No. #18 .The Clerk of the Court is respectfully directed to mail a copy of this Order, the attached Notice to Defendants, and the full docket to: (1) Francisco Simon, Martha's Cocina Mexicana LLC, 338 Franklin Ave, Brooklyn, NY 11238; (2) Francisco Simon, 127 Lafayette Ave., Apt. 1B, Brooklyn, NY 11217; (3) Martha's Cocina Mexicana LLC, 338 Franklin Ave, Brooklyn, NY 11238; and (4) Martha's Cocina Mexicana LLC, c/o Inc Authority RA, 42 Broadway, Fl. 12-200, New York, NY 10004. Ordered by Magistrate Judge Taryn A. Merkl on 7/31/2023. (JF)
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ORDER: Plaintiff's motion for a default judgment #18 is respectfully REFERRED to Magistrate Judge Taryn A. Merkl. Ordered by Judge LaShann DeArcy Hall on 7/20/2023. (CG)
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| Filing 24 AFFIDAVIT of Service for default judgment papers served on All named Defendants on 07/11/2023, filed by Luis Lopez. (Aronauer, Jacob) |
| Filing 23 Letter by Luis Lopez (Aronauer, Jacob) |
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ORDER: The Court is in receipt of Plaintiff's Affidavit of Service ( #22 ). The affidavit states that Plaintiff has mailed his Motion for Default Judgment and accompanying documents to individual Defendant Simon at the business address, but does not state that the Motion and accompanying documents were sent to (1) the corporate Defendant (Martha's Cocina Mexicana) or (2) to Defendant Simon at his last known residential address, as required by E.D.N.Y. Local Civil Rule 55.2(c). Plaintiff shall file proof of compliance with E.D.N.Y. Rule 55.2(c) by 7/20/2023. So Ordered by Magistrate Judge Taryn A. Merkl on 7/6/2023. (JF)
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| Filing 22 AFFIDAVIT of Service for default judgment papers served on Defendants on 07/03/2023, filed by Luis Lopez. (Aronauer, Jacob) |
| Filing 21 AFFIDAVIT/DECLARATION in Support re #18 First MOTION for Default Judgment filed by Luis Lopez. (Aronauer, Jacob) |
| Filing 20 AFFIDAVIT/DECLARATION in Support re #18 First MOTION for Default Judgment Luis G Lopez filed by Luis Lopez. (Aronauer, Jacob) |
| Filing 19 MEMORANDUM in Support of Default Judgment filed by Luis Lopez. (Aronauer, Jacob) |
| Filing 18 First MOTION for Default Judgment by Luis Lopez. (Aronauer, Jacob) |
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ORDER: The Court is in receipt of Plaintiff's Letter dated 5/18/2023 ( #10 ) and Plaintiff's Status Report dated 6/12/2023 ( #17 ). Plaintiff is directed to initiate motion practice or submit a further status report by 7/3/2023. The status report must include an update as to the current status of the case, anticipated next steps, and any proposed deadlines. Ordered by Magistrate Judge Taryn A. Merkl on 6/14/2023. (JF)
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| Filing 17 STATUS REPORT by Luis Lopez (Aronauer, Jacob) |
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STATUS REPORT ORDER: On 5/18/2023, Plaintiff was directed to file a status report by 6/8/2023 advising the Court of the current status of the case and anticipated next steps. To date, no such submission has been received. Plaintiff is respectfully directed to file a status report by 7/3/2023 advising the Court of the current status of the case and anticipated next steps. Ordered by Magistrate Judge Taryn A. Merkl on 6/12/2023. (JF)
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| Filing 16 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Francisco Simon has failed to appear or otherwise defend this action, the default of defendant Francisco Simon is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (JP) |
| Filing 15 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Martha's Cocina Mexicana, LLC has failed to appear or otherwise defend this action, the default of defendant Martha's Cocina Mexicana, LLC is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (JP) |
| Filing 14 DECLARATION in support of certificate of default against Francisco Simon by Luis Lopez (Aronauer, Jacob) |
| Filing 13 Request for Certificate of Default by Luis Lopez (Aronauer, Jacob) |
| Filing 12 DECLARATION Jacob Aronauer in support of certificate of default against Martha's Cocina Mexicana, LLC by Luis Lopez (Aronauer, Jacob) |
| Filing 11 Request for Certificate of Default by Luis Lopez (Aronauer, Jacob) |
| Filing 10 Letter by Luis Lopez (Aronauer, Jacob) |
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STATUS REPORT ORDER: On 3/16/2023, Plaintiff filed a Complaint. On 4/19/2023, a summons was returned executed on Defendant Martha's Cocina Mexicana, LLC, indicating an answer was due on 5/1/2023. On 4/21/2023, a summons was returned executed on Defendant Luis Lopez, indicating an answer was due on 5/10/2023. To date, a response to the Complaint has not been filed. Plaintiff is directed to file a status report by 6/8/2023 advising the Court of the current status of the case and anticipated next steps. Ordered by Magistrate Judge Taryn A. Merkl on 5/18/2023. (KC)
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| Filing 9 SUMMONS Returned Executed by Luis Lopez. Francisco Simon served on 4/19/2023, answer due 5/10/2023. (Aronauer, Jacob) |
| Filing 8 SUMMONS Returned Executed by Luis Lopez. Martha's Cocina Mexicana, LLC served on 4/10/2023, answer due 5/1/2023. (Aronauer, Jacob) |
| Filing 7 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
| 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. (SR) |
| Filing 5 Summons Issued as to All Defendants. (Attachments: #1 Francisco Simon) (SR) |
| Case Assigned to Judge LaShann DeArcy Hall 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. (SR) |
| Filing 4 Proposed Summons. by Luis Lopez (Aronauer, Jacob) |
| Filing 3 Proposed Summons. by Luis Lopez (Aronauer, Jacob) |
| Filing 2 Civil Cover Sheet.. by Luis Lopez (Aronauer, Jacob) |
| Filing 1 COMPLAINT against Martha's Cocina Mexicana, LLC, Francisco Simon filing fee $ 402, receipt number ANYEDC-16506186 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Luis Lopez. (Aronauer, Jacob) |
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