Espinoza et al v. Monte A.M., Inc. et al
| Luis Espinoza, Wilmer Vasquez and Jose Velasquez |
| Monte A.M., Inc. doing business as Villa Monte Pizzeria & Restorante, 732 Old Bethpage Rd. Corp. doing business as Villa Monte Pizzeria & Restorante, Antonio Delprete, Enzo Schiano Di Scioarro, Lucas Schiano and Salvador Palumbo |
| 1:2024cv00505 |
| January 23, 2024 |
| US District Court for the Eastern District of New York |
| Margo K Brodie |
| Sanket J Bulsara |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| None |
Docket Report
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This docket was last retrieved on March 19, 2024. A more recent docket listing may be available from PACER.
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| Filing 22 NOTICE of Appearance by Libbi L. Vilher on behalf of Antonio Delprete, Enzo Schiano Di Scioarro, Monte A.M., Inc. (aty to be noticed) (Vilher, Libbi) |
| Filing 21 NOTICE of Appearance by Keith J. Gutstein on behalf of Antonio Delprete, Enzo Schiano Di Scioarro, Monte A.M., Inc. (aty to be noticed) (Gutstein, Keith) |
ORDER: The motions for extension of time to file answer #18 #20 are granted. All Defendants, including Defendants Monte A.M. Inc., Antonio Delprete, and Enzo Schiano di Scioarro, shall answer or otherwise respond to Plaintiffs' complaint by 3/28/2024. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/18/2024. (AL)
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| Filing 20 MOTION for Extension of Time to File Answer re #1 Complaint, In view of the Court's March 1 Order by Antonio Delprete, Enzo Schiano Di Scioarro, Monte A.M., Inc.. (Attachments: #1 Exhibit A) (Alamgir, Taimur) |
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ORDER: Plaintiffs filed a Motion for an Extension of Time to File Answer #18 on behalf of Defendants. Defendants seek to extend the time to answer, move, or otherwise respond to the Complaint. Defendant Monte A.M. Inc.'s answer was due on 2/15/2024. (Summons Returned Executed, Dkt. No. #9 ). Defendants Antonio Delprete and Enzo Schiano di Scioarro's answers were due on 2/23/2024. (Summonses Returned Executed, Dkt. Nos. #13 , #14 ). Because they seek to extend the time to answer after the time to do so has passed, these Defendants must file a motion by 3/15/2024 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 3/1/2024. (AL)
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Filing 19
SCHEDULING ORDER: A telephonic initial conference will be held at 12:00 P.M. on 4/05/2024 before Magistrate Judge Sanket J. Bulsara. The parties are directed to call the toll-free number 877-336-1274. The access code is 6534420. The parties shall dial in five (5) minutes before the conference. Counsel are directed to complete the attached Rule 26(f) Report and electronically file same with the Court no later than 4/01/2024. Should the parties wish to adopt a plan for discovery different from the structure in the Rule 26(f) Report, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Upon receipt of this email counsel shall confirm with each other of the date and time of this telephonic initial conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 2/29/2024. (EM)
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| Filing 18 Letter MOTION for Extension of Time to File Answer re #1 Complaint, by Luis Espinoza, Wilmer Vasquez, Jose Velasquez. (Attachments: #1 Exhibit Stipulation) (Salazar, Alexa) |
| Filing 17 NOTICE of Appearance by Taimur Alamgir on behalf of Antonio Delprete, Enzo Schiano Di Scioarro, Monte A.M., Inc. (aty to be noticed) (Alamgir, Taimur) |
| Filing 16 SUMMONS Returned Executed by Jose Velasquez, Wilmer Vasquez, Luis Espinoza. Lucas Schiano served on 2/2/2024, answer due 3/28/2024. (Grunfeld, Nicole) |
| Filing 15 SUMMONS Returned Executed by Jose Velasquez, Wilmer Vasquez, Luis Espinoza. Salvador Palumbo served on 1/31/2024, answer due 3/28/2024. (Grunfeld, Nicole) |
| Filing 14 SUMMONS Returned Executed by Jose Velasquez, Wilmer Vasquez, Luis Espinoza. Enzo Schiano Di Scioarro served on 2/2/2024, answer due 2/23/2024. (Grunfeld, Nicole) |
| Filing 13 SUMMONS Returned Executed by Jose Velasquez, Wilmer Vasquez, Luis Espinoza. Antonio Delprete served on 2/2/2024, answer due 2/23/2024. (Grunfeld, Nicole) |
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ORDER: The motion for extension of time to file answer #12 is granted. All Defendants must answer or otherwise respond to the Complaint by 3/28/2024. So Ordered by Magistrate Judge Sanket J. Bulsara on 2/15/2024. (AL)
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| Filing 12 Letter MOTION for Extension of Time to File Answer re #1 Complaint, by 732 Old Bethpage Rd. Corp., Salvador Palumbo, Lucas Schiano. (Attachments: #1 Exhibit Stipulation) (Gao, Ziyi) |
| Filing 11 NOTICE of Appearance by Jian Hang on behalf of 732 Old Bethpage Rd. Corp., Salvador Palumbo, Lucas Schiano (aty to be noticed) (Hang, Jian) |
| Filing 10 NOTICE of Appearance by Ziyi Gao on behalf of 732 Old Bethpage Rd. Corp., Salvador Palumbo, Lucas Schiano (aty to be noticed) (Gao, Ziyi) |
| Filing 9 SUMMONS Returned Executed by Jose Velasquez, Wilmer Vasquez, Luis Espinoza. Monte A.M., Inc. served on 1/25/2024, answer due 2/15/2024. (Grunfeld, Nicole) |
| Filing 8 SUMMONS Returned Executed by Jose Velasquez, Wilmer Vasquez, Luis Espinoza. 732 Old Bethpage Rd. Corp. served on 1/25/2024, answer due 2/15/2024. (Grunfeld, Nicole) |
| Filing 7 NOTICE of Appearance by Alexa Nicole Salazar on behalf of Luis Espinoza, Wilmer Vasquez, Jose Velasquez (aty to be noticed) (Salazar, Alexa) |
| Filing 6 Summons Issued as to 732 Old Bethpage Rd. Corp., Antonio Delprete, Enzo Schiano Di Scioarro, Monte A.M., Inc., Salvador Palumbo, Lucas Schiano. (CV) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) |
| Filing 4 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 (CV) |
| Filing 3 Proposed Summons. Re #1 Complaint, by Luis Espinoza, Wilmer Vasquez, Jose Velasquez (Grunfeld, Nicole) |
| Filing 2 Civil Cover Sheet.. Re #1 Complaint, by Luis Espinoza, Wilmer Vasquez, Jose Velasquez (Grunfeld, Nicole) |
| Filing 1 COMPLAINT against 732 Old Bethpage Rd. Corp., Antonio Delprete, Enzo Schiano Di Scioarro, Monte A.M., Inc., Salvador Palumbo, Lucas Schiano filing fee $ 405, receipt number ANYEDC-17493641 Was the Disclosure Statement on Civil Cover Sheet completed -no,, filed by Jose Velasquez, Wilmer Vasquez, Luis Espinoza. (Grunfeld, Nicole) |
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