Cortez v. FM 49 CW Corp. et al
Plaintiff: Oscar Cortez
Defendant: FM 49 CW Corp., J & S Car Wash, Inc., Little Neck Car Wash Inc., Charles Messina, Fernando Magalhaes and Ernesto J. Lopes
Case Number: 2:2023cv04779
Filed: June 27, 2023
Court: US District Court for the Eastern District of New York
Presiding Judge: Joan M Azrack
Referring Judge: James M Wicks
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 201 Fair Labor Standards Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 16, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 16, 2023 Filing 15 MOTION for Settlement in Principle by Oscar Cortez. (Pollack, Yale)
August 16, 2023 Opinion or Order ORDER. All deadlines in this action are adjourned sine die. The parties shall file settlement papers or a status report by August 30, 2023. Ordered by Judge Joan M. Azrack on 8/16/2023. (RT)
August 9, 2023 Filing 14 MOTION for Extension of Time to File Opposition to Defendants' Pre-Motion Letter by Oscar Cortez. (Pollack, Yale)
August 7, 2023 Opinion or Order ORDER granting #13 Motion for Extension of Time to File response to pre-motion conference letter. Ordered by Judge Joan M. Azrack on 8/7/2023. (LP)
August 3, 2023 Filing 13 MOTION for Extension of Time to File Response to Defendants' Pre-Motion Conference Request by Oscar Cortez. (Pollack, Yale)
August 1, 2023 Opinion or Order INITIAL CONFERENCE SCHEDULING ORDER: An Initial Conference will be held on September 11, 2023, at 1:30 PM 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. This conference is a public proceeding, and all are welcome to attend via telephone or via video. If you would like to receive the Zoom invitation, please contact Judge Wicks' Courtroom Deputy at (631) 712-5625. 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 8/1/2023. (DF)
July 31, 2023 Filing 12 Letter MOTION for pre motion conference re: Defendants' Anticipated Motion to Dismiss by FM 49 CW Corp., J & S Car Wash, Inc., Little Neck Car Wash Inc., Ernesto J. Lopes, Fernando Magalhaes. (Shillito, Nils)
July 31, 2023 Filing 11 NOTICE of Appearance by Nils C. Shillito on behalf of FM 49 CW Corp., J & S Car Wash, Inc., Little Neck Car Wash Inc., Ernesto J. Lopes, Fernando Magalhaes (aty to be noticed) (Shillito, Nils)
July 31, 2023 Filing 10 NOTICE of Appearance by Stephen D. Hans on behalf of FM 49 CW Corp., J & S Car Wash, Inc., Little Neck Car Wash Inc., Ernesto J. Lopes, Fernando Magalhaes (aty to be noticed) (Hans, Stephen)
July 13, 2023 Filing 9 SUMMONS Returned Executed by Oscar Cortez. J & S Car Wash, Inc. served on 7/10/2023, answer due 7/31/2023. (Pollack, Yale)
July 13, 2023 Filing 8 SUMMONS Returned Executed by Oscar Cortez. FM 49 CW Corp. served on 7/10/2023, answer due 7/31/2023. (Pollack, Yale)
July 13, 2023 Filing 7 SUMMONS Returned Executed by Oscar Cortez. Little Neck Car Wash Inc. served on 7/10/2023, answer due 7/31/2023. (Pollack, Yale)
July 10, 2023 Filing 6 SUMMONS Returned Executed by Oscar Cortez. Charles Messina served on 6/29/2023, answer due 7/20/2023. (Pollack, Yale)
June 28, 2023 Filing 5 SUMMONS ISSUED as to FM 49 CW Corp., J & S Car Wash, Inc., Little Neck Car Wash Inc., Ernesto J. Lopes, Fernando Magalhaes, Charles Messina. (LC)
June 27, 2023 Filing 4 Proposed Summons. Re Quality Control Check - Summons, by Oscar Cortez (Attachments: #1 Proposed Summons, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons) (Pollack, Yale)
June 27, 2023 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. (CL)
June 27, 2023 Filing 2 CONSENT to become party in a collective action. by Oscar Cortez (Pollack, Yale)
June 27, 2023 Filing 1 COMPLAINT against FM 49 CW Corp., J & S Car Wash, Inc., Little Neck Car Wash Inc., Ernesto J. Lopes, Fernando Magalhaes, Charles Messina filing fee $ 402, receipt number ANYEDC-16834926 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Oscar Cortez. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons, #6 Proposed Summons, #7 Proposed Summons) (Pollack, Yale)
June 27, 2023 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (CL)
June 27, 2023 Case Assigned to Judge Joan M. Azrack 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. (CL)
June 27, 2023 Your proposed summons was not issued for one of the following reasons: The full case caption must appear on the summons or a rider must be attached Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (CL)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System

Search for this case: Cortez v. FM 49 CW Corp. et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Oscar Cortez
Represented By: Yale Pollack
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: FM 49 CW Corp.
Represented By: Stephen D. Hans
Represented By: Nils C. Shillito
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: J & S Car Wash, Inc.
Represented By: Stephen D. Hans
Represented By: Nils C. Shillito
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Little Neck Car Wash Inc.
Represented By: Stephen D. Hans
Represented By: Nils C. Shillito
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Charles Messina
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Fernando Magalhaes
Represented By: Stephen D. Hans
Represented By: Nils C. Shillito
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Ernesto J. Lopes
Represented By: Stephen D. Hans
Represented By: Nils C. Shillito
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?