Rivas Herrera v. Marchello's Garden Grill, Inc. et al
Plaintiff: Maria Rivas Herrera
Defendant: Gloria Marsilio, Frederick Marsilio and Marchello's Garden Grill, Inc.
Case Number: 2:2020cv06354
Filed: December 30, 2020
Court: US District Court for the Eastern District of New York
Presiding Judge: Joanna Seybert
Referring Judge: Anne Y Shields
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 201 Denial of Overtime Compensation
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 25, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 25, 2021 Opinion or Order ORDER re #9 Stipulation filed by Maria Rivas Herrera. So Ordered by Magistrate Judge Anne Y. Shields on 2/25/2021. (Minerva, Deanna)
February 25, 2021 Opinion or Order ORDER REFERRING CASE to Mediation: Mediation shall be completed by 5/25/2021. Selection of Mediator due by 3/11/2021. So Ordered by Magistrate Judge Anne Y. Shields on 2/25/2021. (Minerva, Deanna)
February 25, 2021 Opinion or Order ORDER granting #10 Motion to Adjourn Conference: The initial conference scheduled for March 22, 2021 is cancelled based upon the parties' request to go to mediation. The Court will refer this action to mediation by separate Order. So Ordered by Magistrate Judge Anne Y. Shields on 2/25/2021. (Minerva, Deanna)
February 25, 2021 MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place of the first mediation session 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 must be signed at the mediation session by all participants, including the mediator, and sent via email to Robyn_Weinstein@nyed.uscourts.gov. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to nyed_adr@nyed.uscourts.gov within two weeks following mediation session. (Priftakis, Tina)
February 24, 2021 Filing 10 Consent MOTION to Adjourn Conference and Refer Case to EDNY Mediation by Maria Rivas Herrera. (Moser, Steven)
February 24, 2021 Filing 9 STIPULATION to toll SOL for Opt-In Plaintiffs by Maria Rivas Herrera (Moser, Steven)
February 22, 2021 Opinion or Order SCHEDULING ORDER: The Initial Conference set for 3/22/2021 has been ADJOURNED to a later time. The conference will be held at 11:30 AM before Magistrate Judge Anne Y. Shields.So Ordered by Magistrate Judge Anne Y. Shields on 2/22/2021. (Torres, Jasmine)
February 19, 2021 Opinion or Order Filing 8 ORDER: Initial Conference set for 3/22/2021 at 10:30 AM before Magistrate Judge Anne Y. Shields. The parties are directed to call the ATT teleconferencing center at (877) 810-9415 and to enter Access Code 9005911 when prompted. See Order and Attachments. So Ordered by Magistrate Judge Anne Y. Shields on 2/19/2021. (Attachments: #1 AYS Rules, #2 FLSA Form) (Torres, Jasmine)
February 16, 2021 Filing 7 ANSWER to #1 Complaint, by All Defendants. (Marcus, Joshua)
February 16, 2021 Filing 6 Corporate Disclosure Statement by Marchello's Garden Grill, Inc., Frederick Marsilio, Gloria Marsilio (Marcus, Joshua)
January 27, 2021 Opinion or Order ORDER granting #5 Motion for Extension of Time to Answer: Marchello's Garden Grill, Inc. answer due 2/16/2021; Frederick Marsilio answer due 2/16/2021; Gloria Marsilio answer due 2/16/2021. So Ordered by Magistrate Judge Anne Y. Shields on 1/27/2021. (Minerva, Deanna)
January 26, 2021 Filing 5 Consent MOTION for Extension of Time to File Answer re #1 Complaint, by Stipulation by Marchello's Garden Grill, Inc., Frederick Marsilio, Gloria Marsilio. (Marcus, Joshua)
December 30, 2020 Filing 4 Summons Issued as to All Defendants. (Attachments: #1 Summons Frederick Marsilio, #2 Summons Gloria Marsilio) (Rodin, Deanna)
December 30, 2020 Filing 3 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. (Rodin, Deanna)
December 30, 2020 Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna)
December 30, 2020 Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-13911484 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Maria Rivas Herrera. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons Marchello's Garden Grill, Inc., #3 Proposed Summons Frederick Marsilio, #4 Proposed Summons Gloria Marsilio) (Moser, Steven)
December 30, 2020 Case Assigned to Judge Joanna Seybert and Magistrate Judge Anne Y. Shields. 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. (Rodin, Deanna)

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Plaintiff: Maria Rivas Herrera
Represented By: Steven John Moser
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Defendant: Gloria Marsilio
Represented By: Joshua A Marcus
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Defendant: Frederick Marsilio
Represented By: Joshua A Marcus
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Defendant: Marchello's Garden Grill, Inc.
Represented By: Joshua A Marcus
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