Lara Recinos et al v. Weinfeld et al
| Juan Francisco Lara Recinos, Eva Fabiola Galeano and Nelson Bilander Del Cid Orellano |
| Benzion Eli Weinfeld, Benjamin, Giovanni Perez, Dennis Perez, Countrywide Stone NY Inc. doing business as Countrywide Stone, Countrywide Stone & Marble Inc. doing business as Countrywide Stone & Marble Inc. and Countrywide Stone, LLC doing business as Countrywide Stone, LLC |
| 1:2023cv07517 |
| October 9, 2023 |
| US District Court for the Eastern District of New York |
| Frederic Block |
| Sanket J Bulsara |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Denial of Overtime Compensation |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 30, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
ORDER: The parties seek to extend the time to answer after it has passed via stipulation #12 . Despite acting via stipulation, the Defendants must still show why a late answer should be permitted. Defendants Countrywide Stone NY Inc., Countrywide Stone, LLC, and Countrywide Stone & Marble Inc.'s answers were due on 11/1/2023. (See Summonses Returned Executed, Dkt. Nos. 9-11). Defendants Benzion Eli Weinfeld, Dennis Perez, and Giovanni Perez's answers were due on 11/6/2023. (See Summonses Returned Executed, Dkt. Nos. 6-8). Because the Defendants seek to extend the time to answer after the time to do so has passed, Defendant must file a motion by 12/14/2023 that explains why, under the standards set forth in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), a belated answer is permissible, and why a default should not be entered. Liang v. Home Reno Concepts, LLC, 803 F. App'x 444, 446 n.2 (2d Cir. 2020) ("If an answer is filed late, the court may treat the issue as one of default. See John v. Sotheby's, Inc., 141 F.R.D. 29, 35 (S.D.N.Y. 1992) ('The filing of a late answer is analogous to a motion to vacate a default.') (citing Meehan v. Snow, 652 F.2d 274, 276 (2d Cir. 1981)). The court may then consider whether, under the factors discussed in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), default should be vacated."). So Ordered by Magistrate Judge Sanket J. Bulsara on 11/30/2023. (AL) Modified on 12/1/2023 (AL).
|
| Filing 12 STIPULATION to Extend Time to Respond to the Complaint by Nelson Bilander Del Cid Orellano, Eva Fabiola Galeano, Juan Francisco Lara Recinos (Bodo, Jarret) |
| Filing 11 SUMMONS Returned Executed by Nelson Bilander Del Cid Orellano, Eva Fabiola Galeano, Juan Francisco Lara Recinos. Countrywide Stone & Marble Inc. served on 10/11/2023, answer due 11/1/2023. (Sojo, Catalina) |
| Filing 10 SUMMONS Returned Executed by Nelson Bilander Del Cid Orellano, Eva Fabiola Galeano, Juan Francisco Lara Recinos. Countrywide Stone, LLC served on 10/11/2023, answer due 11/1/2023. (Sojo, Catalina) |
| Filing 9 SUMMONS Returned Executed by Nelson Bilander Del Cid Orellano, Eva Fabiola Galeano, Juan Francisco Lara Recinos. Countrywide Stone NY Inc. served on 10/11/2023, answer due 11/1/2023. (Sojo, Catalina) |
| Filing 8 SUMMONS Returned Executed by Nelson Bilander Del Cid Orellano, Eva Fabiola Galeano, Juan Francisco Lara Recinos. Giovanni Perez served on 10/16/2023, answer due 11/6/2023. (Sojo, Catalina) |
| Filing 7 SUMMONS Returned Executed by Nelson Bilander Del Cid Orellano, Eva Fabiola Galeano, Juan Francisco Lara Recinos. Dennis Perez served on 10/16/2023, answer due 11/6/2023. (Sojo, Catalina) |
| Filing 6 SUMMONS Returned Executed by Nelson Bilander Del Cid Orellano, Eva Fabiola Galeano, Juan Francisco Lara Recinos. Benzion Eli Weinfeld served on 10/16/2023, answer due 11/6/2023. (Sojo, Catalina) |
| Filing 5 Summons Issued as to All Defendants. (AF) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (AF) |
| Filing 3 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (AF) |
| Case Assigned to Judge Frederic Block and Magistrate Judge Sanket J. Bulsara. 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. (AF) |
|
ORDER OF RECUSAL: J. Block is a Senior Judge who no longer presides over Fair Labor Standards Act (FLSA) cases. This case will be randomly re-assigned to a new Brooklyn Judge. Ordered by Judge Frederic Block on 10/10/2023. (MI)
|
| Filing 2 NOTICE of Appearance by Jarret Thomas Bodo on behalf of Nelson Bilander Del Cid Orellano, Eva Fabiola Galeano, Juan Francisco Lara Recinos (aty to be noticed) (Bodo, Jarret) |
| Filing 1 COMPLAINT against Countrywide Stone & Marble Inc., Countrywide Stone NY Inc., Countrywide Stone, LLC, Dennis Perez, Giovanni Perez, Benzion Eli Weinfeld filing fee $ 402, receipt number ANYEDC-17162130 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Nelson Bilander Del Cid Orellano, Eva Fabiola Galeano, Juan Francisco Lara Recinos. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Sojo, Catalina) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
