Quinayas v. Smart Tortilla LLC et al
| Ginna Quinayas |
| Smart Tortilla LLC doing business as Smart Tortilla-Ser Valiente and Carlos Ivan Reyes |
| 1:2024cv02823 |
| April 16, 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 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 16, 2024. A more recent docket listing may be available from PACER.
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| Filing 6 Summons Issued as to Carlos Ivan Reyes, Smart Tortilla LLC. (KD) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| 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 (KD) |
| Filing 3 Civil Cover Sheet.. by Ginna Quinayas (Stillman, Lina) |
| Filing 2 Proposed Summons. by Ginna Quinayas (Stillman, Lina) |
| Filing 1 COMPLAINT against Carlos Ivan Reyes, Smart Tortilla LLC filing fee $ 405, receipt number ANYEDC-17776677 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Ginna Quinayas. (Stillman, Lina) |
ORDER TO SHOW CAUSE: Plaintiff Ginna Quinayas brings this action pursuant to the Fair Labor Standards Act ("FLSA"), the New York Labor Law ("NYLL"), as recently amended by the Wage Theft Prevention Act ("WTPA"), and the related provisions from the New York Codes, Rules, and Regulations ("NYCRR"). ECF No. #1 . In her Complaint, Plaintiff alleges, inter alia, that (i) Defendants failed to provide Plaintiff with a wage notice pursuant to NYLL 195(1) and (ii) Defendants failed to provide Plaintiff wage statements pursuant to NYLL 195(3). ECF No. #1 at 15-16. Plaintiff is ordered to show cause on or before April 30, 2024, as to why the Court should not dismiss these causes of action given that "[t]echnical statutory violations that do not lead 'to either a tangible injury or something akin to a traditional cause of action' cannot sustain Article III standing in federal court." Sevilla v. House of Salads One LLC, No. 20-cv-6072, 2022 WL 954740, *7 (E.D.N.Y. Mar. 30, 2022) (citing Francisco v. NY Tex Care, Inc., No. 19-cv-1649, 2022 WL 900603, at *7 (E.D.N.Y. Mar. 28, 2022)). Ordered by Judge Hector Gonzalez on 4/16/2024. (KM)
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ORDER: Plaintiff shall file a letter no longer than three pages on or before May 7, 2024, describing Plaintiff's efforts to serve Plaintiff's complaint and a summons on each 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 4/16/2024. (KM)
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| Case Assigned to Judge Hector Gonzalez. 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) |
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