Tacuri v. JCO Construction Inc. et al
| Jesus Tacuri |
| JCO Construction Inc., Carlos Rodas, Juan Rodas and Orlando Rodas |
| 1:2023cv03297 |
| May 1, 2023 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Labor: Fair Standards |
| None |
Docket Report
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This docket was last retrieved on June 29, 2023. A more recent docket listing may be available from PACER.
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| Filing 13 NOTICE of Appearance by Joseph J Sullivan, III on behalf of All Defendants (aty to be noticed) (Sullivan, Joseph) |
| Filing 12 Request for Certificate of Default by Jesus Tacuri (Attachments: #1 Affidavit, #2 Proposed Order) (Stillman, Lina) |
ORDER: The Court previously ordered the parties to file a joint letter and proposed case management plan on or before June 26, 2023, see ECF No. #9 , but the parties have not done so, and Defendants have not entered an appearance, filed an answer, or otherwise responded to Plaintiff's complaint. Plaintiff shall request a certificate of default from the Clerk of Court on July 7, 2023, pursuant to Rule 55(a), for all Defendants who have not appeared as of that date.If any representative of Defendants has contacted Plaintiff's counsel since Plaintiff's complaint was filed, Plaintiff's counsel shall inform that person of this order as soon as reasonably possible and shall do so in writing if possible. Ordered by Judge Hector Gonzalez on 6/27/2023. (BH)
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| Filing 11 SUMMONS Returned Executed by Jesus Tacuri. Carlos Rodas served on 5/31/2023, answer due 6/21/2023; Orlando Rodas served on 5/31/2023, answer due 6/21/2023; Juan Rodas served on 5/31/2023, answer due 6/21/2023. (Attachments: #1 Exhibit, #2 Exhibit) (Stillman, Lina) |
| Filing 10 Letter by Jesus Tacuri (Attachments: #1 Exhibit A) (Stillman, Lina) |
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Filing 9
SCHEDULING ORDER: Counsel for all parties who have appeared as of June 26, 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' deadlines 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 5/20/2023. (BH)
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| Filing 8 Letter FROM PLAINTIFF by Jesus Tacuri (Stillman, Lina) |
| Filing 7 SUMMONS Returned Executed by Jesus Tacuri. JCO Construction Inc. served on 5/2/2023, answer due 5/23/2023. (Stillman, Lina) |
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ORDER: The Court has received the affidavit of service filed by Plaintiff, see ECF No. #7 , which indicates that Plaintiff served Defendant JCO Construction Inc. by delivering Plaintiff's complaint and a summons to the New York Secretary of State. As a courtesy to Defendant JCO Construction 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 JCO Construction 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 May 26, 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 a copy of Plaintiff's complaint and a summons as required by this order, and Defendant JCO Construction Inc. eventually enters an untimely appearance, the Court will likely vacate any entry of default or default judgment against 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 JCO Construction 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 5/20/2023. (BH)
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| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
| Filing 5 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 4 Summons Issued as to All Defendants. (SR) |
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ORDER: Plaintiff shall file a letter no longer than three pages on or before May 23, 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 5/2/2023. (BH)
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| 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 3 Proposed Summons. by Jesus Tacuri (Stillman, Lina) |
| Filing 2 Civil Cover Sheet.. by Jesus Tacuri (Stillman, Lina) |
| Filing 1 COMPLAINT against JCO Construction Inc., Carlos Rodas, Orlando Rodas, Juan Rodas filing fee $ 402, receipt number ANYEDC-16655245 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Jesus Tacuri. (Stillman, Lina) |
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