Betances v. Flushing Meat Provision Corp et al
| Felix Betances |
| Flushing Meat Provision Corp and Dionicio Estevez |
| 1:2024cv03975 |
| June 3, 2024 |
| US District Court for the Eastern District of New York |
| Kiyo A Matsumoto |
| Cheryl L Pollak |
| 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 June 3, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 AMENDED COMPLAINT against Dionicio Estevez, Flushing Meat Provision Corp, filed by Felix Betances. (Stillman, Lina) |
| Filing 7 RESPONSE TO ORDER TO SHOW CAUSE by Felix Betances (Attachments: #1 Exhibit) (Stillman, Lina) |
| Filing 6 Summons Issued as to Dionicio Estevez, Flushing Meat Provision Corp. (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 Felix Betances (Stillman, Lina) |
| Filing 2 Proposed Summons. by Felix Betances (Stillman, Lina) |
| Filing 1 COMPLAINT against Dionicio Estevez, Flushing Meat Provision Corp filing fee $ 405, receipt number ANYEDC-17936506 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Felix Betances. (Stillman, Lina) |
ORDER TO SHOW CAUSE: Plaintiff is ORDERED to show cause no later than June 10, 2024, why Plaintiff's counsel's conduct in preparing and filing the complaint in the instant case has not violated Fed. R. Civ. P. 11(b), and should not be subject to sanctions. See Fed. R. Civ. P. 11(c)(3). A brief review of Plaintiff's complaint reveals several bracketed portions that appear to be incomplete, and were not filled in. (See ECF No. 1, Complaint, at paragraphs 4, 6, 42, 50). Plaintiff's complaint refers to "Defendant [Name]" and states that Plaintiff "was required to work [provide specific hours] without receiving appropriate overtime pay," among other things. Plaintiff's counsel signed and presented the complaint to the Court despite the incomplete statements which do not appear to be supported by adequate factual allegations. Rule 11 permits a court, either on a party's motion or on its own initiative, to "impose an appropriate sanction on any attorney" who engages in conduct proscribed by Rule 11(b). Fed. R. Civ. P. 11(c). As relevant here, Rule 11(b) provides that "[b]y presenting to the court a pleading, written motion, or other paper-whether by signing, filing, submitting, or later advocating it-an attorney... certifies that to the best of [his or her] knowledge, information, and belief, formed after an inquiry reasonable under the circumstances" that the written submission "is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation," Fed. R. Civ. P. 11(b)(1), and that all "factual contentions" contained therein "have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery," Fed. R. Civ. P. 11(b)(3). To the extent Plaintiff concedes that the above-mentioned bracketed text was included in the complaint in error, Plaintiff's counsel is instructed to file an amended complaint, after personally reviewing all of the information contained in the complaint for accuracy. The amended complaint, if Plaintiff desires to file one, shall be filed no later than June 10, 2024, alongside Plaintiff's response to this Order to Show Cause. Failure to comply with this order is likely to result in dismissal pursuant to Fed. R. Civ. P. 41(b). Ordered by Judge Kiyo A. Matsumoto on 6/3/2024. (SP)
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| Case Assigned to Judge Kiyo A. Matsumoto and Magistrate Judge Cheryl L. Pollak. 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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