Rivera v. Stony Brook Pizza, LLC et al
| Francisco Rivera |
| Stony Brook Pizza, LLC and Gary Tipley |
| Joseph DiBenedetto |
| 2:2024cv01260 |
| February 19, 2024 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| None |
Docket Report
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| Filing 15 SELECTION OF MEDIATOR Joseph DiBenedetto selected as Mediator. Date Time and Location in-person/remote:May 17, 2024 at 10:00AM via Zoom Fourteen days on or before the session date, counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation. For more details on the submission, please consult Local Civil Rule 83.8(b)(4). Attendance is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. 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. The Mediators contact information can be found on the docket sheet. Within fourteen days of the conclusion of the mediation, both parties must submit a Mediation Report. (Williams, Keith) |
| MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms under ADR Forms/Mediation Forms/For Counsel and Parties.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 using the Selection of the Mediator Form on the ADR Forms website under Mediator Forms/For Counsel and Parties: https://www.nyed.uscourts.gov/adr-forms or 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 under ADR Forms/Mediation Forms/For Counsel and Parties. 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 under ADR Forms/Mediation Forms/For Counsel and Parties. The Mediation Report must be submitted within two weeks following mediation session. (JR) |
Filing 14
ORDER: The Court adopts the parties' proposed case management plan, see ECF No. #13 , as the Court's scheduling order required by Rule 16(b). Ordered by Judge Hector Gonzalez on 4/9/2024. (ICP)
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ORDER Referring Case to the Court-Annexed Mediation Program: Pursuant to the parties' jointly proposed case management plan, see ECF No. #13 , the Court refers this case to the District's Court-Annexed Mediation Program. The parties shall select a mediator by April 23, 2024, and complete their mediation by June 7, 2024.The parties shall pursue their discovery obligations concurrently with their participation in the mediation program, in accordance with the deadlines in the Court's scheduling order. See ECF No. #14 . The Court will not extend the current deadlines for fact discovery unless the parties demonstrate good cause, and the fact that the parties have been pursuing mediation or other settlement negotiations will not by itself constitute good cause. Ordered by Judge Hector Gonzalez on 4/9/2024. (ICP)
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| Filing 13 Letter pursuant to Scheduling Order, DE 7 by Francisco Rivera (Attachments: #1 Exhibit Attachment A, #2 Exhibit Attachment B, #3 Exhibit Proposed Civil Case Management Plan) (Williams, Keith) |
| Filing 12 STIPULATION re #11 Amended Complaint by Francisco Rivera (Williams, Keith) |
| Filing 11 AMENDED COMPLAINT against Stony Brook Pizza, LLC, Gary Tipley, filed by Francisco Rivera. (Williams, Keith) |
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ORDER: The Court grants Defendants' motion for an extension of time, see ECF No. #10 , and Defendants shall file an answer or otherwise respond to Plaintiff's complaint on or before April 22, 2024. However, the parties' deadline to file the joint letter and case management plan required by the Court's prior scheduling order, see ECF No. #7 , remains April 8, 2024, because the Court does not need Defendants' answer to set a discovery schedule. Ordered by Judge Hector Gonzalez on 3/20/2024. (ICP)
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| Filing 10 Consent MOTION for Extension of Time to File Answer re #1 Complaint, by Stony Brook Pizza, LLC, Gary Tipley. (Attachments: #1 Supplement Stipulation and [Proposed] Order Extending Defendants' Time to Respond to the Complaint) (Seo, Diana) |
| Filing 9 NOTICE of Appearance by Diana Y. Seo on behalf of Stony Brook Pizza, LLC, Gary Tipley (aty to be noticed) (Seo, Diana) |
| Filing 8 CERTIFICATE OF SERVICE by Francisco Rivera re #4 Summons Issued, Status Report Order,,,,,, #7 Status Report Order,,,, #1 Complaint, (Williams, Keith) |
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Filing 7
SCHEDULING ORDER: Counsel for all parties are directed to file on the docket a joint letter describing the case and a completed civil case management plan by April 8, 2024, as further described in the attached mandatory requirements. Requests for adjournment of the deadline for these submissions will be considered only if made in writing and otherwise in accordance with Section I.D of the Court's Individual Practices. Plaintiff's counsel shall notify Defendants' counsel of this scheduling order, in writing, as soon as reasonably possible.Although the Court will be amenable to a reasonable extension of Defendants' deadline to answer or otherwise respond to Plaintiff's complaint, the Court will require the parties to demonstrate additional good cause to adjourn the deadline for filing the joint letter and proposed case management plan required by this order because the Court does not need Defendants' answer to set a discovery schedule. Ordered by Judge Hector Gonzalez on 3/4/2024. (ICP)
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| Filing 6 SUMMONS Returned Executed by Francisco Rivera. Gary Tipley served on 2/27/2024, answer due 3/19/2024. (Williams, Keith) |
| Filing 5 SUMMONS Returned Executed by Francisco Rivera. Stony Brook Pizza, LLC served on 2/28/2024, answer due 3/20/2024. (Williams, Keith) |
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ORDER: The Court has received the affidavit of service filed by Plaintiff, see ECF No. #5 , which indicates that Plaintiff served Defendant Stony Brook Pizza, LLC by delivering Plaintiff's complaint and a summons to the New York Secretary of State. As a courtesy to Defendant Stony Brook Pizza, LLC, and to facilitate Defendant's prompt appearance, Plaintiff's counsel shall mail a copy of Plaintiff's complaint and a summons to the address for Defendant identified for service of process made available on the Secretary of State's website: https://apps.dos.ny.gov/publicInquiry/.Plaintiff's counsel shall file a declaration on or before March 11, 2024, confirming Plaintiff's compliance with this order or, alternatively, explaining why Plaintiff was unable to comply with this order.If Plaintiff fails to mail a copy of Plaintiff's complaint and a summons as required by this order, and Defendant Stony Brook Pizza, LLC, eventually enters an untimely appearance, the Court will likely vacate any entry of default or default judgment against Defendant Stony Brook Pizza, LLC, unless the circumstances unambiguously demonstrate that the Defendant actually received notice of Plaintiff's complaint. Additionally, the Court may decline to award Plaintiff a default judgment against Defendant Stony Brook Pizza, LLC, unless Plaintiff can show that the Defendant has received notice of Plaintiff's complaint and has willfully failed to appear. Ordered by Judge Hector Gonzalez on 3/4/2024. (ICP)
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| Filing 4 Summons Issued as to All Defendants. (LJ) |
| Filing 3 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (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 Hector Gonzalez. 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) |
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ORDER: Plaintiff shall file a letter no longer than three pages on or before March 12, 2024, describing Plaintiff's efforts to serve Plaintiff's complaint and a summons on each Defendant. If Plaintiff fails to file the letter required by this order, or if Plaintiff's letter demonstrates a lack of diligence in attempting service, then the Court is unlikely to extend the deadline for Plaintiff to complete service under Rule 4(m) in the absence of unusual circumstances demonstrating good cause. The Court will not extend the deadline for Plaintiff to file the letter required by this order unless Plaintiff requests an extension in accordance with Section I.D of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 2/20/2024. (ICP)
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| Filing 1 COMPLAINT against Stony Brook Pizza, LLC, Gary Tipley filing fee $ 405, receipt number ANYEDC-17581851 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Francisco Rivera. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet) (Williams, Keith) |
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