Tenesaca v. Bakery Boys of New York Ltd. et al
| Fanny Raquel Peralta Tenesaca |
| Bakery Boys of New York Ltd., Alexander Kritikos and Sandra Kritikos |
| 1:2023cv07192 |
| September 27, 2023 |
| US District Court for the Eastern District of New York |
| Taryn A Merkl |
| Labor: Fair Standards |
| 28 U.S.C. § 1331 Fed. Question: Fair Labor Standards |
| Plaintiff |
Docket Report
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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. (JR) |
ORDER REFERRING CASE to Mediation. Selection of Mediator due by 11/30/2023. Mediation shall be completed by 1/31/2024. Ordered by Magistrate Judge Taryn A. Merkl on 11/16/2023. (ES)
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Minute Entry and Order: A telephonic Initial Conference was held on 11/16/2023 before Magistrate Judge Taryn A. Merkl. Appearances by James O'Donnell for Plaintiff and Stephen Hans for Defendants. The parties confirmed that they have held their Rule 26(f) conference. The Court reminded the parties of their obligations to preserve and, if appropriate, produce electronically stored information during discovery. As stated on the record, this case will be referred to the EDNY Mediation Panel at the parties' request. Counsel shall exchange all relevant documents and records prior to mediation, if they have not done so already. Selection of Mediator due by 11/30/2023. Mediation shall be completed by 1/31/2024. The parties are directed to file a joint status letter by 2/7/2024, or within one week of the completion of mediation, whichever is sooner, providing an update as to the status of mediation and case status. Also as stated on the record, the parties' discovery plan is adopted, in part. Rule 26(a) initial disclosures and any HIPAA-compliant records authorizations shall be exchanged by 11/30/2023. In the event that the matter is not resolved at mediation, first requests for documents and interrogatories shall be exchanged by 2/14/2024. The deadline for joining additional parties and amending the pleadings as of right is 2/14/2024. Fact discovery shall be completed on or before 5/3/2024. The parties are directed to file a joint status report certifying the close of fact discovery by 5/10/2024. In their joint status report certifying the close of fact discovery, the parties may include an update as to whether they need an expert discovery schedule, and if so, to propose an agreed-upon expert discovery schedule. In the absence of an expert discovery schedule being set, the parties are to certify the close of all discovery in the joint status report. Further, in the absence of expert discovery, the last date to take the first step in dispositive motion practice is 6/10/2024, and must be done in accordance with the Individual Rules of the assigned District Judge. Ordered by Magistrate Judge Taryn A. Merkl on 11/16/2023. (AT&T Log #11:42-11:55.) (ES)
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| Filing 15 Proposed Scheduling Order /Case Management Worksheet by Fanny Raquel Peralta Tenesaca (O'Donnell, James) |
| Filing 14 SUMMONS Returned Executed by Fanny Raquel Peralta Tenesaca. Bakery Boys of New York Ltd. served on 10/19/2023, answer due 11/9/2023. (Avshalumov, Roman) |
| Filing 13 SUMMONS Returned Executed by Fanny Raquel Peralta Tenesaca. Alexander Kritikos served on 10/12/2023, answer due 11/2/2023; Sandra Kritikos served on 10/12/2023, answer due 11/2/2023. (Attachments: #1 Affidavit JENNY M. (REFUSED FULL NAME), MANAGER) (Avshalumov, Roman) |
| Filing 12 SUMMONS Returned Executed by Fanny Raquel Peralta Tenesaca. Bakery Boys of New York Ltd. served on 10/12/2023, answer due 11/2/2023. (Avshalumov, Roman) |
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Filing 11
SCHEDULING ORDER: A telephonic Initial Conference will be held on 11/16/2023 at 11:30 a.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. Counsel are directed to complete the attached Case Management Worksheet and electronically file the same with the Court no later than 11/9/2023. Should the parties wish to adopt a plan for discovery different from the structure in the worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. This case has been assigned to a Magistrate Judge pursuant to the Court's Direct Assignment Pilot Program, which is governed by Administrative Order 2023-23. The Administrative Order, answers to Frequently Asked Questions about the Pilot Program, information about consenting to a Magistrate Judge, and a biography of the Magistrate Judge assigned to this case are on the Courts website at # https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. In advance of the Initial Conference, the parties are respectfully directed to confer regarding whether both parties consent to jurisdiction by the undersigned Magistrate Judge. If the parties so consent, the parties should file the consent form available at # https://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civil-action-magistrate-judge. Ordered by Magistrate Judge Taryn A. Merkl on 10/13/2023. (KC)
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| Filing 10 ANSWER to #1 Complaint, by All Defendants. (Hans, Stephen) |
| Filing 9 NOTICE of Appearance by Stephen D. Hans on behalf of All Defendants (aty to be noticed) (Hans, Stephen) |
| Filing 8 Summons Issued as to Bakery Boys of New York Ltd., Alexander Kritikos, Sandra Kritikos. (KD) |
| Filing 7 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| Filing 6 Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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 is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (KD) |
| Case Assigned to 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. (KD) |
| Filing 5 NOTICE of Appearance by Avraham Y. Scher on behalf of Fanny Raquel Peralta Tenesaca (aty to be noticed) (Scher, Avraham) |
| Filing 4 NOTICE of Appearance by James Patrick Peter O'Donnell on behalf of Fanny Raquel Peralta Tenesaca (aty to be noticed) (O'Donnell, James) |
| Filing 3 Proposed Summons. Re #1 Complaint, #2 Proposed Summons/Civil Cover Sheet by Fanny Raquel Peralta Tenesaca (Avshalumov, Roman) |
| Filing 2 Civil Cover Sheet.. Re #1 Complaint, by Fanny Raquel Peralta Tenesaca (Avshalumov, Roman) |
| Filing 1 COMPLAINT against Bakery Boys of New York Ltd., Alexander Kritikos, Sandra Kritikos filing fee $ 402, receipt number ANYEDC-17126015 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Fanny Raquel Peralta Tenesaca. (Avshalumov, Roman) |
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