Tejada v. Ottomanelli's Cafe Franchising Corp. et al
| William Tejada and Eduardo Rosa |
| Ottomanelli's Cafe Franchising Corp., Nicolo Ottomanelli and Joseph Ottomanelli |
| 1:2011cv02112 |
| March 28, 2011 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Shira A. Scheindlin |
| Fair Labor Standards Act |
| 29 U.S.C. § 201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 5, 2012. A more recent docket listing may be available from PACER.
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| Filing 25 VOLUNTARY DISMISSAL WITH PREJUDICE. IT IS HEREBY STIPULATED and agreed, by and between the undersigned attorneys for the parties, that Plaintiffs' Complaint and any and all claims that were or could have been asserted in this action are hereby dismissed in their entirety, with prejudice, and with each party to bear its own costs, expenses, disbursements, and attorneys' fees, except that attorney's fees may be recovered in the event of Defendants' default under the Settlement Agreement between the parties. The Court shall retain jurisdiction hereunder for the purposes of enforcement of the Settlement Agreement. (Signed by Judge Shira A. Scheindlin on 12/6/2011) (rjm) |
| ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Allen Breslow Document 24 Stipulation of Voluntary Dismissal, was referred to Judge Shira A. Scheindlin for approval. (ml) |
| Filing 24 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, WITH prejudice against the defendant(s) All Plaintiffs and WITHOUT costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Ottomanelli's Cafe Franchising Corp..(Breslow, Allen) Modified on 12/5/2011 (ml). |
Filing 23
ORDER OF DISCONTINUANCE: It is hereby ordered that the above captioned action be, and the same hereby is discontinued with prejudice but without costs;provided, however, that within thirty (30) days o the date of this ordercounsel for either side may apply by letter for restoration of the action to the calendar of the undersigned if the settlement is not effected, in which event the action will be restored. The Clerk of the Court is directed to close this case. (Signed by Judge Shira A. Scheindlin on 10/13/2011) (js)
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| Filing 22 ENDORSED LETTER addressed to Magistrate Judge James L. Cott from William Cafaro dated 10/7/11 re: Counsel writes to request that this case be removed from the settlement conference calendar. ENDORSEMENT: The conference is adjourned sine die. I will advise Judge Scheindlin that the parties have settled in principle by providing her with a copy of this letter. (Signed by Magistrate Judge James L. Cott on 10/12/2011) (mro) |
| Filing 21 STATUS REPORT. Letter to Judge Document filed by William Tejada.(Cafaro, William) |
| Filing 20 ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Allen B. Breslow dated 9/13/11 re: Counsel for the defendants writes on behalf of the parties to request an adjournment of the settlement conference presently scheduled for 9/19/11. ENDORSEMENT: The conference is adjourned until October 11, 2011 at 10 am. So ordered. ( Settlement Conference set for 10/11/2011 at 10:00 AM before Magistrate Judge James L. Cott.) (Signed by Magistrate Judge James L. Cott on 9/13/2011) (mro) |
| Filing 19 ANSWER to 11 Amended Complaint,. Document filed by Ottomanelli's Cafe Franchising Corp..(Breslow, Allen) |
| Filing 18 STIPULATION FOR EXTENSION OF TIME TO RESPOND. IT IS HEREBY stipulated and agreed by the attorneys for the respective parties herein, that the time for the Defendants to answer or otherwise move with respect to the Complaintbe and the same is hereby extended to and including June 24, 2011. All Defendants answer due 7/24/11. (Motions due by 6/24/2011.) (Signed by Judge Shira A. Scheindlin on 6/10/11) (rjm) |
| Filing 17 RULE 26 DISCLOSURE.Document filed by Ottomanelli's Cafe Franchising Corp..(Breslow, Allen) |
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Filing 16
ORDER SCHEDULING SETTLEMENT CONFERENCE Settlement Conference set for 9/19/2011 at 02:00 PM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James L. Cott. (Signed by Magistrate Judge James L. Cott on 5/31/11) Copies sent by ECF to all counsel(cd)
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| Minute Entry for proceedings held before Judge Shira A. Scheindlin: Initial Conference held on 5/27/2011. (mbe) |
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Filing 15
SCHEDULING ORDER: All depositions should be conducted on or before 10/30/11. Initial disclosures: 6/10/11. All parties are to serve demands for the production of documents within 3 weeks from the date of this Rule 16 conference. All responses to demands are to be made by 7/30/11. In the event that experts are necessary, all reports will be exchanged 10/30/11. In the event that experts are necessary, all depositions of said experts shall be conducted by 11/30/11. All discovery should be completed by 12/15/11. Plaintiff shall submit its pretrial order to the defendant by 1/30/12. The parties will submit a pre-trial order conforming with the Court's mandates by 2/15/12. Final pre-trial conference pursuant to Fed. R. Civ. P. 16(d), to be filled in by the Court at the conference by 11/10 at 4:30 p.m. The anticipated length of trial is 4 days. (Signed by Judge Shira A. Scheindlin on 5/27/2011) (jfe)
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Filing 14
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge James L. Cott. September would be best. Thanks. (Signed by Judge Shira A. Scheindlin on 5/27/2011) (jfe)
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| Filing 13 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE 29 U.S.C. 216(b). Document filed by William Tejada.(Cafaro, William) |
| Filing 12 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE 29 U.S.C. 216(b). Document filed by Eduardo Rosa.(Cafaro, William) |
| Filing 11 AMENDED COMPLAINT amending 1 Complaint against Joseph Ottomanelli, Nicolo Ottomanelli, Ottomanelli's Cafe Franchising Corp. with JURY DEMAND.Document filed by William Tejada, Eduardo Rosa. Related document: 1 Complaint filed by William Tejada.(mbe) |
| SUMMONS ISSUED as to Joseph Ottomanelli, Nicolo Ottomanelli, Ottomanelli's Cafe Franchising Corp.. (mbe) |
| Filing 10 ANSWER to Complaint. Document filed by Ottomanelli's Cafe Franchising Corp..(Breslow, Allen) |
| Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ottomanelli's Cafe Franchising Corp..(Breslow, Allen) |
| Filing 8 RULE 26 DISCLOSURE.Document filed by William Tejada.(Cafaro, William) |
| Filing 7 ENDORSED LETTER addressed to Judge Shira A. Schiendlin from Allen Breslow dated 5/17/11 re: Request to reschedule the 5/20/11 initial conference. ENDORSEMENT: Request to adjourn the conference is granted and rescheduled to 5/27/11 at 12:00 pm. (Initial Conference reset for 5/27/2011 at 12:00 PM before Judge Shira A. Scheindlin.) (Signed by Judge Shira A. Scheindlin on 5/17/11) (cd) |
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Filing 6
STIPULATION FOR EXTENSION OF TIME RESPOND IT IS HEREBY stipulated and agreed by the attorneys for the respective parties herein, that the time for the Defendants to answer or otherwise move with respect to the Complaint be and the same is hereby extended to and including May 20, 2011 to allow the parties to continue negotiations for a settlement of this matter. SO ORDERED. TO Joseph Ottomanelli answer due 5/20/2011; Nicolo Ottomanelli answer due 5/20/2011; Ottomanelli's Cafe Franchising Corp. answer due 5/20/2011. (Signed by Judge Shira A. Scheindlin on 5/2/11) (jmi) Modified on 5/4/2011 (jmi).
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Filing 5
ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 5/18/2011 at 04:00 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 4/11/2011) (rjm)
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| Filing 4 AFFIDAVIT OF SERVICE. Ottomanelli's Cafe Franchising Corp. served on 4/1/2011, answer due 4/22/2011. Service was accepted by Jessica Pierrera (Manager). Document filed by William Tejada. (Cafaro, William) |
| Filing 3 AFFIDAVIT OF SERVICE. Nicolo Ottomanelli served on 4/1/2011, answer due 4/22/2011. Service was accepted by Jessica Pierrera (Co-worker). Document filed by William Tejada. (Cafaro, William) |
| Filing 2 AFFIDAVIT OF SERVICE. Joseph Ottomanelli served on 4/1/2011, answer due 4/22/2011. Service was accepted by Jessica Pierrera (Co-worker). Document filed by William Tejada. (Cafaro, William) |
| ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney William Cafaro, Sr for noncompliance with Section (14.3) of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 1 Complaint to: case_openings@nysd.uscourts.gov. (rdz) |
| Filing 1 COMPLAINT against Joseph Ottomanelli, Nicolo Ottomanelli, Ottomanelli's Cafe Franchising Corp. (Filing Fee $ 350.00, Receipt Number 933202)Document filed by William Tejada.(ama) |
| SUMMONS ISSUED as to Joseph Ottomanelli, Nicolo Ottomanelli, Ottomanelli's Cafe Franchising Corp. (ama) |
| Case Designated ECF. (ama) |
| Magistrate Judge James L. Cott is so designated. (ama) |
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