Martinez v. Bamontes Restaurant Corp. et al
| Gabriel Martinez |
| Bamontes Restaurant Corp., Anthony Bamonte and Lisa Bamonte |
| 1:2023cv02345 |
| March 27, 2023 |
| US District Court for the Eastern District of New York |
| Diane Gujarati |
| Marcia M Henry |
| Labor: Fair Standards |
| 28 U.S.C. § 1331 Fed. Question: Fair Labor Standards |
| Plaintiff |
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This docket was last retrieved on May 4, 2023. A more recent docket listing may be available from PACER.
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Filing 16
ORDER IN FLSA CASE REQUIRING DISCOVERY, SETTING INITIAL PRETRIAL DISCOVERY SCHEDULE, AND REFERRAL TO MEDIATION: The Federal Rules of Civil Procedure ("Rule") require a pretrial schedule tailored to the circumstances of each case. Fed. R. Civ. P. 1, 16. After careful review of the pleadings, this Order implements that requirement for cases filed pursuant to the Fair Labor Standards Act, 29 U.S.C. 201 et seq. ("FLSA"). The Rule 26(a)(1) provisions regarding initial disclosures are waived in this case. Instead, the parties must utilize the discovery protocol and comply with the deadlines and requirements set forth in the attached Order. So Ordered by Magistrate Judge Marcia M. Henry on 05/02/2023. (MY)
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| MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms.Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place (in-person or remote) of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. The Confidentiality Stipulation (in-person or remote) must be signed at or before the initial mediation session by all participants and the Mediator and returned via e-mail to nyed_adr@nyed.uscourts.gov.Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be submitted within two weeks following mediation session. (TP) |
| Filing 15 ANSWER to Complaint by Anthony Bamonte, Lisa Bamonte, Bamontes Restaurant Corp.. (Solomon, Aaron) |
| Filing 14 Corporate Disclosure Statement by Bamontes Restaurant Corp. (Solomon, Aaron) |
| Filing 13 NOTICE of Appearance by Caitlyn Claire O'Neill on behalf of Anthony Bamonte, Lisa Bamonte, Bamontes Restaurant Corp. (aty to be noticed) (O'Neill, Caitlyn) |
| Filing 12 SUMMONS Returned Executed by Gabriel Martinez. Bamontes Restaurant Corp. served on 4/6/2023, answer due 5/1/2023. (Avshalumov, Roman) |
| Filing 11 SUMMONS Returned Executed by Gabriel Martinez. All Defendants. (Attachments: #1 Affidavit JOHN DOE (REFUSED FULL NAME), MANAGER/MANAGING AGENT, #2 Affidavit JOHN DOE (REFUSED FULL NAME), MANAGER/MANAGING AGENT) (Avshalumov, Roman) |
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ORDER granting #9 : Because Defendants consent to service of the Summons and Complaint by email, Defendants shall answer or otherwise respond to the Complaint by 05/01/2023. By 04/11/2023, Plaintiff shall file an affidavit of service of the Complaint and Summons on Defendants. See Fed. R. Civ. P. 4(l)(1). So Ordered by Magistrate Judge Marcia M. Henry on 04/07/2023. (MY)
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| Filing 10 NOTICE of Appearance by Keith J. Gutstein on behalf of Anthony Bamonte, Lisa Bamonte, Bamontes Restaurant Corp. (aty to be noticed) (Gutstein, Keith) |
| Filing 9 MOTION for Extension of Time to File Answer by Anthony Bamonte, Lisa Bamonte, Bamontes Restaurant Corp.. (Solomon, Aaron) |
| Filing 8 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
| Filing 7 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 6 Summons Issued as to All Defendants. (SR) |
| Case Assigned to Judge Diane Gujarati and Magistrate Judge Marcia M. Henry. 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) Modified on 3/30/2023 (SR). |
| Filing 5 NOTICE of Appearance by Avraham Y. Scher on behalf of Gabriel Martinez (aty to be noticed) (Scher, Avraham) |
| Filing 4 NOTICE of Appearance by James Patrick Peter O'Donnell on behalf of Gabriel Martinez (aty to be noticed) (O'Donnell, James) |
| Filing 3 Proposed Summons. Re #1 Complaint, #2 Proposed Summons/Civil Cover Sheet by Gabriel Martinez (Avshalumov, Roman) |
| Filing 2 Civil Cover Sheet.. Re #1 Complaint, by Gabriel Martinez (Avshalumov, Roman) |
| Filing 1 COMPLAINT against Anthony Bamonte, Lisa Bamonte, Bamontes Restaurant Corp. filing fee $ 402, receipt number BNYEDC-16539103 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Gabriel Martinez. (Avshalumov, Roman) |
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