Domingo v. Pizette LLC et al
| MARCO JOAQUIN TOMAS DOMINGO |
| PIZZETTE LLC d/b/a PIZZETTE, MARQUET WILLIAMSBURG INC. d/b/a MOMINETTE BISTRO, MARK STEVEN SCIACCA, Pizette LLC doing business as Pizette LLC and Marquet Williamsburg Inc. doing business as Mominette Bistro |
| 1:2023cv06311 |
| August 22, 2023 |
| US District Court for the Eastern District of New York |
| Marcia M Henry |
| Eric R Komitee |
| Labor: Fair Standards |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 19, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 16 ANSWER to #6 Amended Complaint by Marquet Williamsburg Inc., Pizette LLC, Mark Steven Sciacca. (Seo, Diana) |
| Filing 15 Corporate Disclosure Statement by Marquet Williamsburg Inc., Pizette LLC, Mark Steven Sciacca (Seo, Diana) |
| Filing 14 STATUS REPORT by Marco Joaquin Tomas Domingo (Perez, Emiliano) |
ORDER granting #13 : Defendants request an extension of time to answer or otherwise respond to the Complaint. That request is granted. Under the standards set forth in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), the Court is satisfied that Defendants have demonstrated "good cause" as to why Defendants should be permitted to respond to the Complaint after the deadline has elapsed. See Fed. R. Civ. P. 55(c); see also Liang v. Home Reno Concepts, LLC, 803 F. App'x 444, 446 n.2 (2d Cir. 2020). Specifically, Defendants have shown that (1) the default was not willful and (2) Plaintiff would not be prejudiced, as Plaintiff has consented to the extension. Even though Defendants do not expound upon their defenses, in light of the "oft-stated preference for resolving disputes on the merits," the motion is granted. See Enron Oil Corp., 10 F.3d at 95. Accordingly, Defendants shall answer or otherwise respond to the Complaint by 10/19/2023. So Ordered by Magistrate Judge Marcia M. Henry on 10/13/2023. (MY)
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| Filing 13 Consent MOTION for Extension of Time to File Answer re #1 Complaint, by Marquet Williamsburg Inc., Pizette LLC, Mark Steven Sciacca. (Attachments: #1 Supplement Stipulation and [Proposed] Order Extending Defendants' Time to Respond to the Complaint within 2 weeks, by October 19, 2023) (Seo, Diana) |
| Filing 12 SUMMONS Returned Executed by Marco Joaquin Tomas Domingo. Marquet Williamsburg Inc. served on 9/8/2023, answer due 9/29/2023. (Perez, Emiliano) |
| Filing 11 SUMMONS Returned Executed by Marco Joaquin Tomas Domingo. Pizette LLC served on 9/8/2023, answer due 9/29/2023. (Perez, Emiliano) |
| Filing 10 SUMMONS Returned Executed by Marco Joaquin Tomas Domingo. Mark Steven Sciacca served on 8/30/2023, answer due 9/20/2023. (Perez, Emiliano) |
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STATUS REPORT ORDER: The parties shall file a joint status report by 10/19/2023. The Court's 09/05/2023 Order is amended as follows: if the Complaint has already been served, then Plaintiff shall file proof of service by 10/19/2023. So Ordered by Magistrate Judge Marcia M. Henry on 10/05/2023. (MY)
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| Filing 9 NOTICE of Appearance by Diana Y. Seo on behalf of Marquet Williamsburg Inc., Pizette LLC, Mark Steven Sciacca (aty to be noticed) (Seo, Diana) |
| Filing 8 NOTICE of Appearance by Robert Jun on behalf of All Defendants (aty to be noticed) (Jun, Robert) |
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ORDER re #1 : Rule 4(m) of the Federal Rules of Civil Procedure requires a plaintiff to serve each defendant within 90 days of filing the Complaint or to show good cause why service has not been completed. Fed. R. Civ. P. 4(m). Accordingly, Plaintiff shall file proof of service for Defendants by 11/21/2023. So Ordered by Magistrate Judge Marcia M. Henry on 09/05/2023. (MY)
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| Filing 7 CONSENT to become party in a collective action. by Marco Joaquin Tomas Domingo (Perez, Emiliano) |
| Filing 6 AMENDED COMPLAINT Marcos Joaquin Tomas Domingo against Marquet Williamsburg Inc., Pizette LLC, Mark Steven Sciacca, filed by Marco Joaquin Tomas Domingo. (Perez, Emiliano) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
| Filing 4 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 3 Summons Issued as to All Defendants. (SR) |
| Case Assigned to Judge Eric R. Komitee 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) |
| Filing 2 Proposed Summons.Civil Cover Sheet.. by MARCO JOAQUIN TOMAS DOMINGO (Attachments: #1 Civil Cover Sheet) (Perez, Emiliano) |
| Filing 1 COMPLAINT against MARQUET WILLIAMSBURG INC. d/b/a MOMINETTE BISTRO, PIZZETTE LLC d/b/a PIZZETTE, MARK STEVEN SCIACCA filing fee $ 402, receipt number ANYEDC-17016350 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by MARCO JOAQUIN TOMAS DOMINGO. (Perez, Emiliano) |
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