Barahona v. HK Marble & Tile Corp. et al
| Ciro Barahona |
| HK Marble & Tile Corp. and Hiu Iam Sze |
| 1:2023cv07803 |
| October 19, 2023 |
| US District Court for the Eastern District of New York |
| James R Cho |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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ORDER: The Court grants the motion for an extension of time to answer the complaint #14 . Defendants shall answer, move, or otherwise respond to the complaint by 2/1/2024. The parties are encouraged to consent to the Magistrate Judge to conduct all proceedings in this action. #AO 85 Consent Form Any party may withhold its consent without adverse substantive consequences. See Dkt. 2. Absent consent of all the parties to proceed before the Magistrate Judge, if defendants anticipate filing a dispositive motion in response to the complaint, by 2/1/2024, defendants must file a letter no longer than one page expressing their intent to file such a motion.Per agreement of the parties #14 , the statute of limitations for the allegations set forth in this action are tolled through 2/1/2024. Ordered by Magistrate Judge James R. Cho on 12/8/2023. (TT)
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| Filing 14 Consent MOTION for Extension of Time to File Answer re #1 Complaint, and Tolling of FLSA Statute of Limitations by Ciro Barahona. (Maguire, Jeffrey) |
| Filing 13 NOTICE of Appearance by Philip K Davidoff on behalf of All Defendants (aty to be noticed) (Davidoff, Philip) |
| Filing 12 CONSENT to become party in a collective action. by Ciro Barahona (Maguire, Jeffrey) |
| Filing 11 CONSENT to become party in a collective action. by Ciro Barahona (Maguire, Jeffrey) |
| Filing 10 SUMMONS Returned Executed by Ciro Barahona. Hiu Iam Sze served on 11/10/2023, answer due 12/1/2023. (Maguire, Jeffrey) |
| Filing 9 CONSENT to become party in a collective action. by Ciro Barahona (Maguire, Jeffrey) |
| Filing 8 CONSENT to become party in a collective action. by Ciro Barahona (Maguire, Jeffrey) |
| Filing 7 SUMMONS Returned Executed by Ciro Barahona. HK Marble & Tile Corp. served on 11/3/2023, answer due 11/24/2023. (Maguire, Jeffrey) |
| Filing 6 CONSENT to become party in a collective action. by Ciro Barahona (Maguire, Jeffrey) |
| Filing 5 CONSENT to become party in a collective action. by Ciro Barahona (Maguire, Jeffrey) |
| Filing 4 Summons Issued as to HK Marble & Tile Corp., Hiu Iam Sze. (KD) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| Filing 2 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 James R. Cho. 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 1 COMPLAINT against HK Marble & Tile Corp., Hiu Iam Sze filing fee $ 402, receipt number ANYEDC-17199277 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Ciro Barahona. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Maguire, Jeffrey) |
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