Zabala et al v. Horizon Consulting NY Inc. et al
| Rudy J. Zabala and Jose Francisco Zabala |
| Ravinder Chopra, Ranju Narang, Manoj A. Narang, Nilesh D. Patel, Sushil K. Goyal, Carlyle Catering of Long Island, Inc., Blue Diamond Management, Inc., Horizon Consulting NY Inc. and Shalu Suri |
| 2:2017cv04944 |
| August 22, 2017 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Sandra J Feuerstein |
| Steven I Locke |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Denial of Overtime Compensation |
| Defendant |
Docket Report
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| Filing 53 Minute Entry for proceedings held on 4/11/2019 before Judge Sandra J. Feuerstein: Civil Cause for Status Conference. Counsel for Plaintiff: No Appearance. Counsel for Defendant: Humayan Sideiqi. Court Reporter: M. Steiger. Case called. Defendant makes an oral motion to dismiss which is granted on the record. Case closed. (Tirado, Chelsea) |
| Filing 52 AFFIDAVIT of Service for Order to Show Cause served on Jose Francisco Zabala and Rudy J. Zabala on 3/26/19, filed by Horizon Consulting NY Inc.. (Taubenfeld, Michael) |
Filing 51
ORDER TO SHOW CAUSE - IT IS HEREBY ORDERED that the Plaintiffs shall appear in Courtroom 1010 of the Central Islip Federal Courthouse, located at 100 Federal Plaza in Central Islip, New York, on 4/11/2019 at 11:15AM, and show cause why this case should not be dismissed. Plaintiffs are advised that failure to appear on 4/11/2019 at 11:15AM, in accordance with this Order to Show Cause, will result in dismissal of this action for failure to prosecute. IT IS FURTHER ORDERED that counsel for Defendant Horizon Consulting NY is to serve a copy of this Order to Show Cause on Plaintiffs pro se at their last known address no later than 3/22/2019, and to file proof of such service forthwith. IT IS FURTHER ORDERED that the status conference scheduled for 3/20/2019 is adjourned. SO Ordered by Judge Sandra J. Feuerstein on 3/15/2019. (Tirado, Chelsea)
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| Filing 50 Minute Order for proceedings held before Magistrate Judge Steven I. Locke:Status Conference held on 2/28/2019. No appearance from plaintiffs. A Rule 41 Order will be filed separately. (Gandiosi, Kristin) |
| Filing 49 NOTICE of Appearance by Vincent Bertone, Jr on behalf of Horizon Consulting NY Inc. (aty to be noticed) (Bertone, Vincent) |
| Filing 48 AFFIDAVIT of Service for Court Order served on Rudy J. Zabala, Jose Francisco Zabala on 02/07/2019, filed by Jose Francisco Zabala, Rudy J. Zabala. (Moriarty, Russell) |
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Filing 47
Minute Order for proceedings held before Magistrate Judge Steven I. Locke: Plaintiffs counsels motion to withdraw, DE #30 , is granted for the reasons set forth on the record. Counsel is directed to mail a copy of this order to his former clients and file proof of service. Next Status Conference set for 2/28/2019 at 11:00 AM in Courtroom 820 before Magistrate Judge Steven I. Locke. So Ordered by Magistrate Judge Steven I. Locke on 1/29/2019. (Gandiosi, Kristin)
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| Filing 46 AFFIDAVIT of Service for Court Order served on Reza Islam, Esq., Rudy J. Zabala, Jose Francisco Zabala on 12/18/2018, filed by Jose Francisco Zabala, Rudy J. Zabala. (Moriarty, Russell) |
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Filing 45
Minute Order for proceedings held before Magistrate Judge Steven I. Locke: Status conference held on 12/17/2018. Despite this Courts Electronic Scheduling Order dated 10/30/2018, in conjunction with Electronic Orders dated 11/13/2018 and 11/26/2018, Plaintiffs and counsel from Cardenas, Islam & Associates failed to appear for this conference as directed. These parties are reminded that repeated failures to appear will result in a recommendation to the District Judge that this case be dismissed for failure to prosecute pursuant to Fed. R. Civ. P. 41. Next Status Conference set for 1/29/2019 at 11:00 AM in Courtroom 820 before Magistrate Judge Steven I. Locke. Counsel from Levine & Blit, PLLC is directed to serve a copy of this Electronic Order on Plaintiffs and counsel from Cardenas, Islam & Associates and file proof of service via ECF. So Ordered by Magistrate Judge Steven I. Locke on 12/17/2018. (Gandiosi, Kristin)
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Electronic ORDER granting DE #41 Motion to Substitute Attorney. Attorney Jonathan A. Bernstein is hereby terminated as counsel for Defendant Horizon Consulting NY Inc. Ordered by Magistrate Judge Steven I. Locke on 12/17/2018. (Vissichelli, Eric)
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| Filing 44 AFFIDAVIT of Service for Court Order served on Reza Islam, Esq., Rudy J. Zabala, Jose Francisco Zabala on 11/28/2018, filed by Jose Francisco Zabala, Rudy J. Zabala. (Moriarty, Russell) |
| Filing 43 Letter to Hon. Steven L. Locke re: Status Conference by Sushil K. Goyal, Nilesh D. Patel (Vento, Joseph) |
| Filing 42 Second MOTION to Adjourn Conference by Manoj A. Narang, Ranju Narang. (Segal, Mitchell) |
| Filing 41 MOTION to Substitute Attorney Substitution of Counsel by Horizon Consulting NY Inc.. (Taubenfeld, Michael) |
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Electronic ORDER granting DE #42 Motion to Adjourn Conference. The status conference previously scheduled for 11/27/2018 is adjourned to 12/17/2018 at 11:30 a.m. in courtroom 820 of the Central Islip courthouse. Counsel from Levine & Blit, PLLC is directed to serve a copy of this Electronic Order on Plaintiffs and counsel from Cardenas, Islam & Associates and file proof of service via ECF. Ordered by Magistrate Judge Steven I. Locke on 11/26/2018. (Vissichelli, Eric)
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| Filing 40 AFFIDAVIT of Service for November 13, 2018 Order served on Reza Islam, Esq.; Rudy J. Zabala; and Jose Francisco Zabala on November 13, 2018, filed by Jose Francisco Zabala, Rudy J. Zabala. (Clark, Justin) |
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Electronic ORDER granting DE #39 Motion to Adjourn Conference. As the Court is unavailable on the dates proposed by the parties, the status conference previously scheduled for 11/14/2018 is adjourned to 11/27/2018 at 11:00 a.m. in courtroom 820 of the Central Islip courthouse. Counsel from Levine & Blit, PLLC is directed to serve a copy of this Electronic Order on Plaintiffs and counsel from Cardenas, Islam & Associates and file proof of service via ECF by close of business today. Ordered by Magistrate Judge Steven I. Locke on 11/13/2018. (Vissichelli, Eric)
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| Filing 39 Letter MOTION to Adjourn Conference by Jose Francisco Zabala, Rudy J. Zabala. (Moriarty, Russell) |
| Filing 38 NOTICE of Appearance by Joseph Michael Vento on behalf of Sushil K. Goyal, Nilesh D. Patel (aty to be noticed) (Vento, Joseph) |
| Filing 37 NOTICE of Appearance by Shannon Danielle Azzaro on behalf of Sushil K. Goyal, Nilesh D. Patel (aty to be noticed) (Azzaro, Shannon) |
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Electronic SCHEDULING ORDER: A status conference to address the pending motion to withdraw as counsel filed by Levine & Blit, PLLC ("L&B"), DE #30 , is set for 11/14/2018 at 11:00 a.m. in courtroom 820 of the Central Islip courthouse before Magistrate Judge Steven I. Locke. Plaintiffs and all attorneys, including counsel from Cardenas, Islam & Associates ("CI&A"), must appear in person. L&B is directed to provide Plaintiffs and CI&A each with a copy of this Electronic Order. Ordered by Magistrate Judge Steven I. Locke on 10/30/2018. (Vissichelli, Eric)
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Filing 36
SCHEDULING ORDER: Discovery deadlines are set; see attached order. Next Status Conference set for 12/19/2018 at 11:00 AM in Courtroom 820 before Magistrate Judge Steven I. Locke. Ordered by Magistrate Judge Steven I. Locke on 10/11/2018. (Gandiosi, Kristin)
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| Filing 35 Minute Order for proceedings held before Magistrate Judge Steven I. Locke: Initial Conference Hearing held on 10/11/2018. A scheduling order has been entered. Counsel for plaintiff is reminded to file a notice of appearance as soon as possible. (Gandiosi, Kristin) Modified on 10/11/2018 to add docket text re: notice of appearance. (Gandiosi, Kristin). |
| Filing 34 NOTICE of Appearance by Michael Taubenfeld on behalf of Horizon Consulting NY Inc. (aty to be noticed) (Taubenfeld, Michael) |
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Electronic ORDER denying DE #33 Motion to Adjourn Conference. Defendant Horizon Consulting NY Inc.'s motion to adjourn the 10/11/2018 initial conference is denied. The conference will proceed as scheduled at 10:30 a.m. in courtroom 820 of the Central Islip courthouse. All counsel must appear in person. Ordered by Magistrate Judge Steven I. Locke on 10/10/2018. (Vissichelli, Eric)
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| Filing 33 Letter MOTION to Adjourn Conference by Horizon Consulting NY Inc.. (Bernstein, Jonathan) |
| Filing 32 CERTIFICATE OF SERVICE by Jose Francisco Zabala, Rudy J. Zabala re #31 Memorandum in Support, #30 MOTION to Withdraw as Attorney (Moriarty, Russell) |
| Filing 31 MEMORANDUM in Support re #30 MOTION to Withdraw as Attorney filed by Jose Francisco Zabala, Rudy J. Zabala. (Moriarty, Russell) |
| Filing 30 MOTION to Withdraw as Attorney by Jose Francisco Zabala, Rudy J. Zabala. (Moriarty, Russell) |
| Filing 29 ANSWER to #1 Complaint,, by Manoj A. Narang, Ranju Narang. (Segal, Mitchell) |
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Filing 28
INITIAL CONFERENCE ORDER: An Initial Conference is set for 10/11/2018 at 10:30 AM in Courtroom 820 before Magistrate Judge Steven I. Locke. See order and attachments. Ordered by Magistrate Judge Steven I. Locke on 8/15/2018. (Attachments: #1 SIL Individual Rules, #2 Scheduling Order Worksheet) (Gandiosi, Kristin)
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Electronic ORDER granting DE #27 Motion for Extension of Time to File Response/Reply. Without opposition, the time for Defendants Manoj A. Narang and Ranju Narang to answer or otherwise respond to the Complaint is extended to and including 8/20/2018. Ordered by Magistrate Judge Steven I. Locke on 8/13/2018. (Vissichelli, Eric)
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| Filing 27 First MOTION for Extension of Time to File Response/Reply as to #1 Complaint,, by Manoj A. Narang, Ranju Narang. (Segal, Mitchell) |
| Filing 26 NOTICE of Appearance by Mitchell Segal on behalf of Manoj A. Narang, Ranju Narang (aty to be noticed) (Segal, Mitchell) |
| Filing 25 Minute Entry for proceedings held on 7/31/2018 before Judge Sandra J. Feuerstein: Civil Cause for Status Conference. Counsel for Plaintiff: Justin Clark. Counsel for Defendant: Jonathan Bernstein and Rashmee Sinha and Zamar Siddiqi. Court Reporter: O. Wicker. Case called. Parties are permitted to appear for this conference via telephone. Outstanding discovery is respectfully referred to the assigned magistrate judge. All discovery shall be complete by 2/20/2019. A pretrial conference is scheduled before Judge Feuerstein on 3/20/2019 at 11:15AM. (Tirado, Chelsea) |
| Filing 24 STIPULATION to File Answer by Sushil K. Goyal, Nilesh D. Patel (Sinha, Rashmee) |
| Filing 23 Letter by Sushil K. Goyal, Nilesh D. Patel (Sinha, Rashmee) |
| Filing 22 RESPONSE TO ORDER TO SHOW CAUSE by Jose Francisco Zabala, Rudy J. Zabala (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E) (Moriarty, Russell) |
| Filing 21 Minute Entry for proceedings held on 6/19/2018 before Judge Sandra J. Feuerstein: Civil Cause for Telephone Conference. Counsel for Plaintiff: Justin Clark and Reza Islam. Counsel for Defendant: Jonathan Bernstein and Rashmee Sinha and Zamar Sidiqi. Case called. Order to show cause issued for plaintiff's failure to prosecute. A further telephone status conference is scheduled for 7/31/2018 at 11:15AM before Judge Sandra J. Feuerstein in Courtroom 1010. Plaintiff's counsel is directed to initiate the conference call to 631-712-5630. (Tirado, Chelsea) |
| Filing 20 ANSWER to #1 Complaint,, by Sushil K. Goyal, Nilesh D. Patel. (Sinha, Rashmee) |
| Filing 19 NOTICE of Appearance by Rashmee Sinha on behalf of Sushil K. Goyal, Nilesh D. Patel (notification declined or already on case) (Sinha, Rashmee) |
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ORDER TO SHOW CAUSE. Plaintiffs filed their Complaint on August 22, 2017. DE 1. On March 5, 2018, the Court held an Initial Conference during which it provided Plaintiffs eighty (80) days within which to conduct certain depositions. On June 19, 2018, the Court conducted a Status Conference in which Plaintiffs' counsel represented that, to date, no depositions had been noticed or completed. In addition, Plaintiffs' counsel further apprised the Court that Initial Disclosures had not been served in accordance with Fed. R. Civ. P. 26(a). In light of the lack of affirmative steps being taken by Plaintiffs to prosecute this case, Plaintiffs are hereby, ORDERED to show cause, by serving and filing an affidavit no later than 5:00 p.m. on July 5, 2018, why this action should not be dismissed with prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for their failure to prosecute this action and to comply with the Court's orders. Plaintiffs are advised that their failure to file an affidavit in accordance with this Order to Show Cause will result in this action being dismissed in its entirety, with prejudice, pursuant to Rule 41(b) of the Federal Rules of Civil Procedure without further notice. Ordered by Judge Sandra J. Feuerstein on 6/19/2018. (Roman, Joshua)
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| NOTICE of Hearing: Due to a change in the Court's calendar, the telephone conference scheduled before Judge Feuerstein on 6/19/2018 is rescheduled at 3:00 pm. Plaintiff's counsel is directed to initiate the conference call to 631-712-5630. Plaintiff's counsel is directed to serve a copy of this notice on all parties upon receipt. c/ecf (Morabito, Bryan) |
| NOTICE of Hearing: Due to a change in the Court's calendar, the conference originally scheduled before Judge Feuerstein on 6/19/2018 is converted into a telephone conference at 3:15 pm. Plaintiff's counsel is directed to initiate the conference call to 631-712-5630. Plaintiff's counsel is directed to serve a copy of this notice on all parties upon receipt. c/ecf (Morabito, Bryan) |
| Filing 18 AMENDED ANSWER to by Shalu Suri. (Siddiqi, Zafar) |
| Filing 17 AMENDED ANSWER to by Ravinder Chopra. (Siddiqi, Zafar) |
| Filing 16 ANSWER to #1 Complaint,, by Horizon Consulting NY Inc.. (Attachments: #1 Rule 7.1 Statement) (Bernstein, Jonathan) |
| Filing 15 NOTICE of Appearance by Jonathan A. Bernstein on behalf of Horizon Consulting NY Inc. (aty to be noticed) (Bernstein, Jonathan) |
| Filing 14 NOTICE of Appearance by Rashmee Sinha on behalf of Sushil K. Goyal, Manoj A. Narang, Ranju Narang, Nilesh D. Patel (aty to be noticed) (Sinha, Rashmee) |
| Filing 13 MOTION to Adjourn Conference by Jose Francisco Zabala, Rudy J. Zabala. (Moriarty, Russell) |
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ORDER granting #13 Motion to Adjourn Conference. The motion is GRANTED. The Initial Conference previously scheduled for 1/23/18 is ADJOURNED. The conference will instead proceed on 3/5/18 at 11:15 AM. Ordered by Judge Sandra J. Feuerstein on 1/22/2018. (Roman, Joshua)
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| Filing 12 AMENDED ANSWER to Complaint by Ravinder Chopra. (Siddiqi, Zafar) |
| Filing 11 AMENDED ANSWER to Complaint by Shalu Suri. (Siddiqi, Zafar) |
| Filing 10 ANSWER to #1 Complaint,, by Shalu Suri. (Siddiqi, Zafar) |
| Filing 9 ANSWER to #1 Complaint,, by Ravinder Chopra. (Siddiqi, Zafar) |
| Filing 8 Letter MOTION to Adjourn Conference by Jose Francisco Zabala, Rudy J. Zabala. (Moriarty, Russell) |
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ORDER granting #8 Motion to Adjourn Conference. The motion is GRANTED. The conference previously scheduled for 12/21/17 is ADJOURNED. The conference will instead proceed (in person) on 1/23/18 at 11:15 AM. Ordered by Judge Sandra J. Feuerstein on 12/20/2017. (Roman, Joshua)
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| NOTICE of Hearing: Due to a change in the Court's calendar, the conference originally scheduled before Judge Feuerstein on 12/21/2017 is converted into a telephone conference at 10:00 am. Plaintiff's counsel is directed to initiate the conference call to 631-712-5630. Plaintiff's counsel is directed to serve a copy of this notice on all parties upon receipt. c/ecf (Morabito, Bryan) |
| Filing 7 NOTICE of Appearance by Russell S. Moriarty on behalf of Jose Francisco Zabala, Rudy J. Zabala (aty to be noticed) (Moriarty, Russell) |
| Filing 6 Summons Issued as to Blue Diamond Management, Inc., Carlyle Catering of Long Island, Inc., Ravinder Chopra, Sushil K. Goyal, Horizon Consulting NY Inc., Manoj A. Narang, Ranju Narang, Nilesh D. Patel, Shalu Suri. (Tirado, Chelsea) |
| Filing 5 Proposed Summons. Re #1 Complaint,, by Jose Francisco Zabala, Rudy J. Zabala (Attachments: #1 Proposed Summons, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons, #6 Proposed Summons, #7 Proposed Summons, #8 Proposed Summons) (Clark, Justin) |
| Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the 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. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Landow, Concetta) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Landow, Concetta) |
| Filing 2 NOTICE of Appearance by Justin Stedman Clark on behalf of Jose Francisco Zabala, Rudy J. Zabala (aty to be noticed) (Clark, Justin) |
| Filing 1 COMPLAINT against Blue Diamond Management, Inc., Carlyle Catering of Long Island, Inc., Ravinder Chopra, Sushil K. Goyal, Horizon Consulting NY Inc., Manoj A. Narang, Ranju Narang, Nilesh D. Patel, Shalu Suri filing fee $ 400, receipt number 0207-9775564 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Jose Francisco Zabala, Rudy J. Zabala. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons, #6 Proposed Summons, #7 Proposed Summons, #8 Proposed Summons, #9 Proposed Summons, #10 Proposed Summons) (Blit, Matthew) |
| NOTICE of Hearing: Initial Conference set for 12/21/2017 at 11:15 AM in Courtroom 1010 before Judge Sandra J. Feuerstein at the Central Islip Courthouse, located at 100 Federal Plaza, Central Islip, New York 11722. The parties shall appear with authority, or with individuals with authority, to settle this matter. Plaintiff(s) shall serve a copy of this Notice of Hearing upon Defendant(s) and file proof of such service with the Court. c/ECF (Killigrew, Patricia) |
| Proposed summonses are rejected; the caption on each summons does not match the caption of the complaint the Clerk's Office cannot issue the summonses with an incorrect caption. Counsel is advised to submit completed proposed summonses using the event Proposed Summons/Civil Cover Sheet. (Landow, Concetta) |
| Case Assigned to Judge Sandra J. Feuerstein and Magistrate Judge Steven I. Locke. 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. (Landow, Concetta) |
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