Merritt et al v. Ozi 4 Delivery, Inc. et al
| Crystal Merritt, Johnny Merritt, Christopher Baudouin and Christian Alexander Flores Hernandez |
| Ozi 4 Delivery, Inc., Mor 1 Corp., Antillana & Metro Grocery Store, Corp., John Does and Osvaldo Rodriguez |
| 1:2023cv02212 |
| March 22, 2023 |
| US District Court for the Eastern District of New York |
| Eric R Komitee |
| Vera M Scanlon |
| 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 May 19, 2023. A more recent docket listing may be available from PACER.
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ORDER granting #17 Motion for Extension of Time to Answer. On consent, the deadline for Defendants Antillana & Metro Grocery Store and Osvaldo Rodriguez to answer or otherwise respond to the complaint is extended to 6/14/2023. Ordered by Magistrate Judge Vera M. Scanlon on 5/19/2023. (MG)
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| Filing 17 MOTION for Extension of Time to File Answer to Respond to Complaint by Antillana & Metro Grocery Store, Corp., Osvaldo Rodriguez. (Sack, Andrew) |
| Filing 16 NOTICE of Appearance by Andrew R Sack on behalf of Antillana & Metro Grocery Store, Corp., Osvaldo Rodriguez (aty to be noticed) (Sack, Andrew) |
| Filing 15 AFFIDAVIT of Service for Entire Docket (ECF Nos. 1-9) served on Antillana & Metro Grocery Store, Corp. on April 18, 2023, filed by Christopher Baudouin, Crystal Merritt, Christian Alexander Flores Hernandez, Johnny Merritt., SUMMONS Returned Executed by Christopher Baudouin, Crystal Merritt, Christian Alexander Flores Hernandez, Johnny Merritt. Antillana & Metro Grocery Store, Corp. served on 4/18/2023, answer due 5/9/2023. (Crabill, Taylor) |
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ORDER granting #14 Motion for Extension of Time to Answer. On consent, the deadline for Defendants Antillana & Metro Grocery Store, Corp and Osvaldo Rodriguez to answer or otherwise respond is extended to 5/24/2023. Ordered by Magistrate Judge Vera M. Scanlon on 4/25/2023. (MG)
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| Filing 14 Letter MOTION for Extension of Time to File Answer by Antillana & Metro Grocery Store, Corp., Osvaldo Rodriguez. (Byrnes, John) |
| Filing 13 NOTICE of Appearance by John Joseph Byrnes on behalf of Antillana & Metro Grocery Store, Corp., Osvaldo Rodriguez (aty to be noticed) (Byrnes, John) |
| Filing 12 AFFIDAVIT of Service for Entire Docket (ECF Nos. 1-9) served on Mor 1 Corp. on April 18, 2023, filed by Christopher Baudouin, Crystal Merritt, Christian Alexander Flores Hernandez, Johnny Merritt., SUMMONS Returned Executed by Christopher Baudouin, Crystal Merritt, Christian Alexander Flores Hernandez, Johnny Merritt. Mor 1 Corp. served on 4/18/2023, answer due 5/9/2023. (Crabill, Taylor) |
| Filing 11 AFFIDAVIT of Service for Entire Docket (ECF Nos. 1-9) served on Ozi 4 Delivery, Inc. on April 18, 2023, filed by Christopher Baudouin, Crystal Merritt, Christian Alexander Flores Hernandez, Johnny Merritt., SUMMONS Returned Executed by Christopher Baudouin, Crystal Merritt, Christian Alexander Flores Hernandez, Johnny Merritt. Ozi 4 Delivery, Inc. served on 4/18/2023, answer due 5/9/2023. (Crabill, Taylor) |
| Filing 10 SUMMONS Returned Executed by Christopher Baudouin, Crystal Merritt, Christian Alexander Flores Hernandez, Johnny Merritt. Osvaldo Rodriguez served on 4/17/2023, answer due 5/8/2023. (Crabill, Taylor) |
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Filing 9
STATUS REPORT ORDER: As set forth in the attached Order, on or before 8/22/2023, the parties in this FLSA action will file a joint status report regarding the outcome of their compliance with the herein instructions for preliminary discovery and informal settlement discussions. In addition to appearing parties' submission of the joint status report as directed herein, in the event that any Defendant has not answered or otherwise appeared, Plaintiffs must also mail a copy of this Order, its attachment and the full docket to the last known mailing address for such Defendant and file proof on ECF by the status report filing date. Ordered by Magistrate Judge Vera M. Scanlon on 4/11/2023. (GS)
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ORDER. Plaintiffs rely on service by the Secretary of State as to the corporate Defendants. As the Secretary of State is several months delayed in service, Plaintiffs must personally serve the three corporate Defendants at their usual place of business by 5/2/2023 and file proof of service. Service should also include the docket and the Order at #9 . Ordered by Magistrate Judge Vera M. Scanlon on 4/11/2023. (GS)
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| Filing 8 SUMMONS Returned Executed by Christopher Baudouin, Crystal Merritt, Christian Alexander Flores Hernandez, Johnny Merritt. Antillana & Metro Grocery Store, Corp. served on 4/3/2023, answer due 4/24/2023. (Crabill, Taylor) |
| Filing 7 SUMMONS Returned Executed by Christopher Baudouin, Crystal Merritt, Christian Alexander Flores Hernandez, Johnny Merritt. Mor 1 Corp. served on 4/3/2023, answer due 4/24/2023. (Crabill, Taylor) |
| Filing 6 SUMMONS Returned Executed by Christopher Baudouin, Crystal Merritt, Christian Alexander Flores Hernandez, Johnny Merritt. Ozi 4 Delivery, Inc. served on 4/3/2023, answer due 4/24/2023. (Crabill, Taylor) |
| Filing 5 Summons Issued as to Antillana & Metro Grocery Store, Corp., Mor 1 Corp., Ozi 4 Delivery, Inc., Osvaldo 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 Eric R. Komitee and Magistrate Judge Vera M. Scanlon. 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 Taylor Crabill on behalf of Christopher Baudouin(on behalf of others similarly situated), Christopher Baudouin(individually), Christian Alexander Flores Hernandez(individually), Christian Alexander Flores Hernandez(on behalf of others similarly situated), Crystal Merritt(on behalf of others similarly situated), Crystal Merritt(individually), Johnny Merritt(individually), Johnny Merritt(on behalf of others similarly situated) (aty to be noticed) (Crabill, Taylor) |
| Filing 1 COMPLAINT against Antillana & Metro Grocery Store, Corp., John Does, Mor 1 Corp., Ozi 4 Delivery, Inc., Osvaldo Rodriguez(in his professional capacities), Osvaldo Rodriguez(individually) filing fee $ 402, receipt number ANYEDC-16522887 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Christopher Baudouin(on behalf of others similarly situated), Johnny Merritt(individually), Christian Alexander Flores Hernandez(individually), Crystal Merritt(on behalf of others similarly situated), Christian Alexander Flores Hernandez(on behalf of others similarly situated), Crystal Merritt(individually), Johnny Merritt(on behalf of others similarly situated), Christopher Baudouin(individually). (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit A - Screenshot of Tips, #4 Exhibit B - Invoice) (Hartzband, Alex) |
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