Jimenez v. S.O.S. Maintenance Inc. et al
| Norma Jimenez |
| S.O.S. Maintenance Inc., Peter Sepulveda and Maria Otano |
| 2:2023cv01177 |
| February 13, 2023 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| James M Wicks |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Denial of Overtime Compensation |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 16, 2023. A more recent docket listing may be available from PACER.
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ORDER. Mediation is stayed pending resolution of Plaintiff's anticipated motion for conditional certification of an FLSA collective. (See DE #11 ) The Court hereby adopts the parties' proposed briefing schedule (See DE #11 ). The motion papers shall be bundle filed on the docket on May 2, 2023 as set forth in the schedule. So Ordered by Magistrate Judge James M. Wicks on 4/9/2023. (MSH)
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| Filing 11 Proposed Scheduling Order for Motion and request to adjourn mediation by Norma Jimenez (Farnworth, Matthew) |
| Filing 10 Letter to Magistrate Judge Wicks, reflecting service of motion for conditional certification by Norma Jimenez (Farnworth, Matthew) |
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ORDER. In light of the referral to mediation (see Electronic Order dated 3/22/23), the initial conference scheduled for April 3, 2023 is hereby adjourned sine die. So Ordered by Magistrate Judge James M. Wicks on 3/23/2023. (MSH)
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ORDER REFERRING CASE to Mediation. Mediation shall be completed by 05/22/2023. Selection of Mediator due by 4/5/2023. Ordered by Judge Gary R. Brown on 3/22/2023. c/ecf (JT)
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ORDER denying #9 Motion for Pre Motion Conference. The request for a pre-motion conference on the New York Labor Law claims is denied without prejudice to renewal after the conclusion of mediation. Ordered by Judge Gary R. Brown on 3/22/2023. c/ecf (JT)
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| 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 (in-person or remote) 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 is available at: https://www.nyed.uscourts.gov/adr-forms. The Confidentiality Stipulation (in-person or remote) must be signed at or before the initial mediation session by all participants and the Mediator and returned via e-mail to nyed_adr@nyed.uscourts.gov.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 submitted within two weeks following mediation session. (TP) |
| Filing 9 Letter MOTION for pre motion conference re #8 Amended Complaint for Motion to Dismiss Fourth and Fifth Claims of the Amended Complaint by Maria Otano, S.O.S. Maintenance Inc., Peter Sepulveda. (Androphy, Joshua) |
| Filing 8 AMENDED COMPLAINT against All Defendants, filed by Norma Jimenez. (Romero, Peter) |
| Filing 7 NOTICE of Appearance by Joshua S. Androphy on behalf of All Defendants (aty to be noticed) (Androphy, Joshua) |
| Filing 6 NOTICE of Appearance by Matthew John Farnworth on behalf of Norma Jimenez (aty to be noticed) (Farnworth, Matthew) |
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INITIAL CONFERENCE SCHEDULING ORDER: An Initial Conference will be held on April 3, 2023, at 11:00 AM before Magistrate Judge James M. Wicks via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. All counsel must attend. Following the conference, the Court will issue a Discovery Order tailored to the circumstances of this FLSA case. As such, counsel need not prepare a discovery worksheet prior to the Initial Conference. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge James M. Wicks on 2/21/2023. (DF)
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| Filing 5 ANSWER to #1 Complaint, by Maria Otano, S.O.S. Maintenance Inc., Peter Sepulveda. (Morrison, Lawrence) |
| Filing 4 Summons Issued as to All Defendants. (LJ) |
| 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. (LJ) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
| Case Assigned to Judge Gary R. Brown and Magistrate Judge James M. Wicks. 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. (LJ) |
| Filing 1 COMPLAINT against Maria Otano, S.O.S. Maintenance Inc., Peter Sepulveda filing fee $ 402, receipt number ANYEDC-16403984 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Norma Jimenez. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Romero, Peter) Modified on 2/14/2023 (LJ). |
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