Rivera v. Harvest Bakery Inc. et al
| Maximino Rivera, Miguel Roldan and Rivera |
| Jose Gonzalez, Harvest Bakery Inc., Robert Marconti and Harvest Bakery Inc |
| 2:2013cv00691 |
| February 6, 2013 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Anne Y Shields |
| Arthur D Spatt |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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ORDER granting #41 Motion for Extension of Time to Complete Discovery up until and including April 15, 2015. So Ordered by Magistrate Judge Anne Y. Shields on 4/4/2015. (Shields, Anne)
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Filing 42
MOTION to Certify Class by Maximino Rivera. Responses due by 4/17/2015 (Attachments: #1 Declaration Declaration of Peter A. Romero,Esq., #2 Exhibit Relevant testimony from deposition of Robert Marconti, #3 Exhibit Defendants' Response to Plaintiff Rivera's First Set of Interrogatories, #4 Exhibit Defendants' Response to Plaintiff Roldan's Second Set of Interrogatories, #5 Exhibit Defendants' Response to Plaintiff Quintanilla's First Set of Interrogatories, #6 Exhibit Record of Hours Worked by Plaintiff Rivera, #7 Exhibit Record of Hours Worked by Plaintiff Roldan, #8 Exhibit Record of Hours Worked by Plaintiff Quintanilla, #9 Exhibit Employee List, #10 Declaration Declaration of Plaintiff Rivera, #11 Memorandum in Support) (Romero, Peter)
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Filing 41
Joint MOTION for Extension of Time to Complete Discovery by Jose Gonzalez, Harvest Bakery Inc., Robert Marconti. (Zabell, Saul)
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Case Reassigned to Magistrate Judge Anne Y. Shields. Magistrate Judge Gary R. Brown no longer assigned to the case. (Mahoney, Brenna)
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ELECTRONIC ORDER granting #40 Motion for Extension of Time to Complete Discovery. All discovery deadline extended to March 28, 2015. All relevant dates and deadlines extended accordingly. Ordered by Magistrate Judge Gary R. Brown on 1/30/2015. (Yim, Kevin)
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Filing 40
MOTION for Extension of Time to Complete Discovery by Maximino Rivera. (Romero, Peter)
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NOTICE - Please be advised that Judge Spatt's Individual Rules Effective January 1, 2015 have been uploaded to the Eastern District of New York website. Please note the changes to previous rules, including those regarding courtesy copies under Rule I(A). (Coleman, Laurie)
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Filing 39
REPLY in Support of Plaintiffs' Motion to Amend Their Complaint filed by Maximino Rivera, Miguel Roldan. (Romero, Peter)
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Filing 38
RESPONSE in Opposition re #37 MOTION to Amend/Correct/Supplement filed by Jose Gonzalez, Harvest Bakery Inc., Robert Marconti. (Zabell, Saul)
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Filing 37
MOTION to Amend/Correct/Supplement by Maximino Rivera. (Attachments: #1 Declaration, #2 Exhibit Proposed Amended Complaint, #3 Memorandum in Support) (Romero, Peter)
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Filing 36
ORDER Re: #34 Stipulation that Defendant, Harvest Bakery, Inc. is an enterprise whose annual gross volume of sales made or business done was not less than $500,000 per year between 2007 and 2013. So Ordered by Judge Arthur D. Spatt on 11/22/14. (Coleman, Laurie)
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Filing 35
Joint MOTION for Extension of Time to Complete Discovery by Jose Gonzalez, Harvest Bakery Inc.. (Zabell, Saul)
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ELECTRONIC ORDER granting #35 Motion for Extension of Time to Complete Discovery. Parties are directed to complete discovery by January 29, 2015. Ordered by Magistrate Judge Gary R. Brown on 11/21/2014. (Yim, Kevin)
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Filing 34
STIPULATION by Maximino Rivera (Romero, Peter)
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ELECTRONIC ORDER denying #32 Motion for Reconsideration. Parties are to conduct all necessary discovery by December 15, 2014. Ordered by Magistrate Judge Gary R. Brown on 10/8/2014. (Yim, Kevin)
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Filing 33
RESPONSE in Opposition re #32 MOTION for Reconsideration re Order on Motion to Compel, filed by Maximino Rivera. (Romero, Peter)
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Filing 32
MOTION for Reconsideration re Order on Motion to Compel, by Jose Gonzalez, Harvest Bakery Inc., Robert Marconti. (Attachments: #1 Exhibit Exhibit A) (Zabell, Saul)
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ELECTRONIC ORDER denying #30 Motion for Reconsideration. The application is DENIED without prejudice to renewal for failure to comply with the meet-and-confer rule. Counsel must meet and confer in good faith, either in person or via telephone, prior to filing non-dispositive motions. Ordered by Magistrate Judge Gary R. Brown on 10/3/2014. (Lam, Joseph)
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Filing 31
RESPONSE in Opposition re #30 MOTION for Reconsideration re Order on Motion to Compel, filed by Maximino Rivera. (Romero, Peter)
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Filing 30
MOTION for Reconsideration re Order on Motion to Compel, by Jose Gonzalez, Harvest Bakery Inc., Robert Marconti. (Zabell, Saul)
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ELECTRONIC ORDER granting #29 Motion to Compel. The unopposed application is GRANTED. Defendants shall be deposed. The deadline to complete discovery is EXTENDED to November 14, 2014. Ordered by Magistrate Judge Gary R. Brown on 9/30/2014. (Lam, Joseph)
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Filing 29
MOTION to Compel by Maximino Rivera. (Romero, Peter)
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Filing 28
MOTION to Compel by Maximino Rivera. (Romero, Peter)
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ELECTRONIC ORDER denying #28 Motion to Compel. The motion is DENIED without prejudice to renewal. Defendants' counsel is hereby directed to make himself available for a telephonic or in-person conference with Plaintiff's counsel by September 22, 2014, 6:00 p.m., in order to discuss the issues set forth in #28 . SO ORDERED. Ordered by Magistrate Judge Gary R. Brown on 9/19/2014. (Lam, Joseph)
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Filing 27
CONSENT to become party in a collective action. by Maximino Rivera (Romero, Peter)
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ELECTRONIC ORDER granting #25 Motion to Compel. Defendants shall provide the potential plaintiffs' contact information (e.g., addresses, telephone numbers, etc.) by July 28, 2014. The notification process shall commence on August 4, 2014. SO ORDERED. Ordered by Magistrate Judge Gary R. Brown on 7/24/2014. (Lam, Joseph)
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Filing 26
REPLY in Opposition re #25 Letter MOTION to Compel and cross move for Sanctions filed by All Defendants. (Zabell, Saul)
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Filing 25
Letter MOTION to Compel by Maximino Rivera. (Romero, Peter)
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Filing 24
ORDER granting #14 MOTION to Certify Class Notice of Motion for Conditional Certification of a Collective Action Pursuant to 29 U.S.C. 216(b). For the reasons set forth in the attached order, the motion for conditional certification of the collective action is GRANTED. The parties shall engage in the notification process in accordance with this order. Ordered by Magistrate Judge Gary R. Brown on 7/7/2014. (Lam, Joseph)
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Filing 23
NOTICE of Appearance by Andrea Rodriguez on behalf of All Plaintiffs (aty to be noticed) (Rodriguez, Andrea)
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Filing 22
RESPONSE in Opposition re #14 MOTION to Certify Class Notice of Motion for Conditional Certification of a Collective Action Pursuant to 29 U.S.C. 216(b) , AFFIDAVIT/DECLARATION in Opposition re #14 MOTION to Certify Class Notice of Motion for Conditional Certification of a Collective Action Pursuant to 29 U.S.C. 216(b) filed by Maximino Rivera. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Memorandum in Opposition) (Romero, Peter)
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Filing 21
REPLY in Support of Plaintiffs' Motion to Conditionally Certify a Collective Action filed by Maximino Rivera. (Attachments: #1 Declaration Peter A. Romero, Esq., #2 Exhibit Signed Declaration of Maximino Rivera, dated January 23, 2014, #3 Exhibit Signed Declaration of Miguel Roldan, dated January 6, 2014, #4 Exhibit Defendants' Response to Plaintiff's Second Set of Interrogatories) (Romero, Peter)
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ELECTRONIC ORDER granting #19 Motion to Compel. Plaintiff's counsel shall serve the now-overdue portion of their proposed joint pre-trial order upon defendants' counsel on or before January 21, 2014. Such service will be without prejudice to amendment of the pre-trial order--AS NECESSARY--should the Court grant conditional certification. Ordered by Magistrate Judge Gary R. Brown on 1/7/2014. (Lam, Joseph)
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Filing 20
RESPONSE in Opposition re #19 First MOTION to Compel JPTO Letter from Plaintiffs' Counsel Requesting that the Court Schedule a Status Conference Upon Determination of Plaintiffs' Pending Motion for Conditional Certification of a Collective Action filed by Maximino Rivera. (Romero, Peter)
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Filing 19
First MOTION to Compel JPTO by Jose Gonzalez, Harvest Bakery Inc., Robert Marconti. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Zabell, Saul)
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Filing 18
Proposed Scheduling Order Letter to Magistrate Judge Brown Regarding the Parties' Proposed Briefing Schedule by Maximino Rivera (Romero, Peter)
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ELECTRONIC ORDER denying #14 Motion to Certify Class and #17 Letter-request seeking conditional certification based upon defendants' purported failure to timely oppose the motion. The motion and letter-request are DENIED without prejudice to refiling upon compliance with Rule III.C.3 of Judge Brown's individual rules (the "bundling" rule). Plaintiff's counsel is directed to contact defendants' counsel to arrange a mutually agreed-upon briefing schedule. The motion for conditional certification may be refiled when fully briefed and in compliance with the bundling rule. Ordered by Magistrate Judge Gary R. Brown on 12/2/2013. (Lam, Joseph)
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Filing 17
Letter Letter from Plaintiffs' Counsel Regarding Plaintiffs' Motion for an Order Pursuant to 29 U.S.C. 216(b) by Maximino Rivera (Romero, Peter)
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Filing 16
MEMORANDUM in Support re #14 MOTION to Certify Class Notice of Motion for Conditional Certification of a Collective Action Pursuant to 29 U.S.C. 216(b) filed by Maximino Rivera. (Romero, Peter)
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Filing 15
AFFIDAVIT/DECLARATION in Support re #14 MOTION to Certify Class Notice of Motion for Conditional Certification of a Collective Action Pursuant to 29 U.S.C. 216(b) filed by Maximino Rivera. (Attachments: #1 Exhibit Declaration of Maximino Rivera, #2 Exhibit Defendants' Responses to Plaintiff's First Set of Interrogatories, #3 Exhibit Declaration of Miguel Roldan, #4 Exhibit TimeCard Reports, #5 Exhibit Wage Payment Record, #6 Exhibit Proposed Notice of Pendency and Consent to Join Form) (Romero, Peter)
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Filing 14
MOTION to Certify Class Notice of Motion for Conditional Certification of a Collective Action Pursuant to 29 U.S.C. 216(b) by Maximino Rivera. (Romero, Peter)
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Filing 13
Minute Entry for proceedings held before Magistrate Judge Gary R. Brown: Counsel present. Status Conference held on 9/20/2013. Discovery is proceeding as scheduled. (Brienza, Lauren)
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Filing 12
Minute Entry for proceedings held before Magistrate Judge Gary R. Brown: Counsel present. Settlement Conference held on 6/20/2013. The parties cannot agree on a settlement at this time. Discovery to continue as scheduled. (Brienza, Lauren)
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Filing 11
CONSENT to become party in a class action. by Miguel Roldan (Batres, Andrea)
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Filing 10
SCHEDULING ORDER: Discovery deadlines have been set. See order for details. Status Conference set for 9/20/2013 at 11:00 AM. Ordered by Magistrate Judge Gary R. Brown on 4/19/2013. (Brienza, Lauren)
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Filing 9
Minute Entry for proceedings held before Magistrate Judge Gary R. Brown: Counsel present. Initial Conference Hearing held on 4/19/2013. Scheduling order entered. Settlement conference scheduled for 6/20/2013 at 2:30 PM in courtroom 840 of the Long Island Courthouse. Clients or persons with full settlement authority must attend in person. Prior to the conference, each party shall fax a brief, 1-2 page ex parte settlement position statement to chambers at (631) 712-5705. These statements must specify the terms on which the party is willing to settle the case, whether those terms are negotiable, and an explanation of that position. As these statements will be treated as confidential and will not be docketed, they should include a realistic statement of the partys settlement position. Dft to provide plff with time records within 30 days. (Brienza, Lauren)
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ELECTRONIC ORDER granting #8 Motion to Adjourn Conference. The Initial conference is ADJOURNED to April 19, 2013 at 11:30 AM in courtroom 840. Ordered by Magistrate Judge Gary R. Brown on 3/24/2013. (Demosthenous, Constantina)
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Filing 8
First MOTION to Adjourn Conference (on consent) by Jose Gonzalez, Harvest Bakery Inc., Robert Marconti. (Zabell, Saul)
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Filing 7
ORDER: An initial conference is scheduled on 4/10/2013. See order and attachment. Ordered by Magistrate Judge Gary R. Brown on 3/8/2013. (Attachments: #1 GRB Individual Rules) (Brienza, Lauren)
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Filing 6
Corporate Disclosure Statement by Jose Gonzalez, Harvest Bakery Inc., Robert Marconti (Zabell, Saul)
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Filing 5
ANSWER to #1 Complaint, by All Defendants. (Zabell, Saul)
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Case Ineligible for Arbitration (Serret, Liliana)
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Filing 4
Summons Issued as to Jose Gonzalez. (McMahon, Carol)
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Filing 3
Summons Issued as to Robert Marconti. (McMahon, Carol)
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Filing 2
Summons Issued as to Harvest Bakery Inc.. (McMahon, Carol)
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Filing 1
COMPLAINT against Jose Gonzalez, Harvest Bakery Inc., Robert Marconti Disclosure Statement on Civil Cover Sheet completed -No,, filed by Maximino Rivera. (Attachments: #1 Civil Cover Sheet) (McMahon, Carol) Modified on 2/8/2013 (McMahon, Carol).
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