Mohabir v. Power Cooling Inc.
| Joseph Mohabir |
| Power Cooling Inc. |
| 1:2024cv00843 |
| February 5, 2024 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Fair Labor Standards Act |
| None |
Docket Report
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Filing 14
ORDER: In response to the parties' joint letter, the Court declines to bifurcate discovery. The Court adopts the parties' proposed case management plan, see ECF No. [11-1], as the Court's scheduling order for all issues as required by Rule 16(b). Ordered by Judge Hector Gonzalez on 3/28/2024. (PN)
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ORDER Referring Case to the Court-Annexed Mediation Program: Pursuant to the parties' joint letter,see ECF No. #11 , the Court refers this case to the District's Court-Annexed Mediation Program. The parties shall select a mediator by April 11, 2024, and complete their mediation by May 13, 2024.The parties shall pursue their discovery obligations concurrently with their participation in the mediation program, in accordance with the deadlines in the Court's scheduling order. See ECF No. #14 . The Court will not extend the current deadlines for fact or expert discovery unless the parties demonstrate good cause, and the fact that the parties have been pursuing mediation or other settlement negotiations will not by itself constitute good cause. Ordered by Judge Hector Gonzalez on 3/28/2024. (PN)
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| MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms under ADR Forms/Mediation Forms/For Counsel and Parties.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 using the Selection of the Mediator Form on the ADR Forms website under Mediator Forms/For Counsel and Parties: https://www.nyed.uscourts.gov/adr-forms or 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 under ADR Forms/Mediation Forms/For Counsel and Parties. 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 under ADR Forms/Mediation Forms/For Counsel and Parties. The Mediation Report must be submitted within two weeks following mediation session. (JR) |
| Filing 13 ANSWER to #1 Complaint, by Power Cooling Inc.. (Cuadra, Gianfranco) |
| Filing 12 Corporate Disclosure Statement by Power Cooling Inc. (Cuadra, Gianfranco) |
| Filing 11 Letter filed Jointly by Plaintiff Joseph Mohabir and by Power Cooling Inc. (Attachments: #1 Proposed Order - Civil Case Management Plan) (Cuadra, Gianfranco) |
| Filing 10 NOTICE of Appearance by Louis Pechman on behalf of Power Cooling Inc. (aty to be noticed) (Pechman, Louis) |
| Filing 9 NOTICE of Appearance by Gianfranco J Cuadra on behalf of Power Cooling Inc. (notification declined or already on case) (Cuadra, Gianfranco) |
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ORDER: Gianfranco J. Cuadro has requested an extension of time on behalf of Defendant in this case, but counsel has not entered a notice of appearance. Counsel shall enter a notice of appearance on or before February 27, 2024Regardless, the Court grants Defendant's motion for an extension of time, see ECF No. #8 , and Defendant shall file an answer or otherwise respond to Plaintiff's complaint on or before March 29, 2024. However, the parties' deadline to file the joint letter and case management plan required by the Court's prior scheduling order, see ECF No. #7 , remains March 28, 2024, because the Court does not need Defendant's answer to set a discovery schedule. Ordered by Judge Hector Gonzalez on 2/23/2024. (PN)
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| Filing 8 Letter MOTION for Extension of Time to File Response to Complaint by Power Cooling Inc.. (Cuadra, Gianfranco) |
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Filing 7
SCHEDULING ORDER: Counsel for all parties are directed to file on the docket a joint letter describing the case and a completed civil case management plan by March 28, 2024, as further described in the attached mandatory requirements. Requests for adjournment of the deadline for these submissions will be considered only if made in writing and otherwise in accordance with Section I.D of the Court's Individual Practices. Plaintiff's counsel shall notify Defendant's counsel of this scheduling order, in writing, as soon as reasonably possible.Although the Court will be amenable to a reasonable extension of Defendant's deadline to answer or otherwise respond to Plaintiff's complaint, the Court will require the parties to demonstrate additional good cause to adjourn the deadline for filing the joint letter and proposed case management plan required by this order because the Court does not need Defendant's answer to set a discovery schedule. Ordered by Judge Hector Gonzalez on 2/22/2024. (PN)
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| Filing 6 Letter concerning Plaintiff's efforts to serve summons and complaint by Joseph Mohabir (Menken, Bruce) |
| Filing 5 SUMMONS Returned Executed by Joseph Mohabir. Power Cooling Inc. served on 2/9/2024, answer due 3/1/2024. (Menken, Bruce) |
| Filing 4 Summons Issued as to Power Cooling Inc.. (CV) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) |
| Filing 2 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) |
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ORDER: Plaintiff shall file a letter no longer than three pages on or before February 26, 2024, describing Plaintiff's efforts to serve Plaintiff's complaint and a summons on Defendant. If Plaintiff fails to file the letter required by this order, or if Plaintiff's letter demonstrates a lack of diligence in attempting service, then the Court is unlikely to extend the deadline for Plaintiff to complete service under Rule 4(m) in the absence of unusual circumstances demonstrating good cause. The Court will not extend the deadline for Plaintiff to file the letter required by this order unless Plaintiff requests an extension in accordance with Section I.D of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 2/6/2024. (PN)
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| Filing 1 COMPLAINT against Power Cooling Inc. filing fee $ 405, receipt number ANYEDC-17536276 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Joseph Mohabir. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Proposed Summons Request for Issuance of Summons) (Menken, Bruce) |
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| Plaintiff: Joseph Mohabir | |
| Represented By: | Bruce E. Menken |
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| Defendant: Power Cooling Inc. | |
| Represented By: | Gianfranco J Cuadra |
| Represented By: | Louis Pechman |
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