Orellana et al v. Gotham City Restaurant Group, Inc. et al
| Nancy Orellana, Mely Lu and Erica Riekert |
| Gotham City Restaurant Group, Inc., Gotham City Restaurant Group, L.L.C., Charles Milite, Eric Petterson, Carolyn Benitez and Themefood Inc. |
| 1:2013cv05201 |
| July 25, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| James L Cott |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| None |
Docket Report
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Filing 21
ORDER OF DISMISSAL: IT IS HEREBY ORDERED that the above-entitled settled action is dismissed without costs, and without prejudice to the right to reopen the action within thirty (30) days of the date of this Order if the settlement is not finalized. If any party wishes to reinstate this matter, the party must make a letter application to the undersigned before the 30-day period expires. (Signed by Magistrate Judge James L. Cott on 11/25/2013) (cd)
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| Minute Entry Initial Pretrial Conference previously set for 12/10/2013 is adjourned sine die. (Lopez, Jose) |
| Filing 20 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Carolyn Benitez, Gotham City Restaurant Group, Inc., Gotham City Restaurant Group, L.L.C., Mely Lu, Charles Milite, Nancy Orellana, Eric Petterson, Erica Riekert, Themefood Inc. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge James L. Cott. (Signed by Judge Katherine Polk Failla on 11/21/2013) (rjm) |
| Minute Entry for proceedings held before Magistrate Judge James L. Cott: Settlement Conference held on 11/20/2013. (Tam, David) |
| Filing 19 AMENDED COMPLAINT amending #1 Complaint, against Carolyn Benitez, Gotham City Restaurant Group, Inc., Gotham City Restaurant Group, L.L.C., Charles Milite, Eric Petterson, Themefood Inc. Document filed by Mely Lu, Nancy Orellana, Erica Riekert. Related document: #1 Complaint, filed by Mely Lu, Erica Riekert, Nancy Orellana. (rjm) (sdi). |
| Filing 18 MEMO ENDORSEMENT on re: #17 Letter, filed by Charles Milite, Carolyn Benitez, Gotham City Restaurant Group, L.L.C., Gotham City Restaurant Group, Inc., Eric Petterson. ENDORSEMENT: Application GRANTED. The initial pretrial conference scheduled for October 29, 2013 is hereby adjourned to December 10, 2013, at 4:15 p.m., ( Initial Conference set for 12/10/2013 at 04:15 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 10/21/2013) (lmb) |
| Filing 17 LETTER addressed to Judge Katherine Polk Failla from Mark A. Beckman dated October 21, 2013 re: Request to adjourn initial conference. Document filed by Carolyn Benitez, Gotham City Restaurant Group, Inc., Gotham City Restaurant Group, L.L.C., Charles Milite, Eric Petterson.(Beckman, Mark) |
| Filing 16 MEMO ENDORSEMENT on re: #15 Letter, filed by Charles Milite, Carolyn Benitez, Gotham City Restaurant Group, L.L.C., Gotham City Restaurant Group, Inc., Eric Petterson. ENDORSEMENT: The request is GRANTED. Ex parte settlement letters are due on November 13, 2013. (Settlement Conference set for 11/20/2013 at 10:00 AM before Magistrate Judge James L. Cott.) (Signed by Magistrate Judge James L. Cott on 10/10/2013) (rsh) |
| Filing 15 LETTER addressed to Magistrate Judge James L. Cott from Mark A. Beckman dated October 10, 2013 re: Request for settlement conference date change. Document filed by Carolyn Benitez, Gotham City Restaurant Group, Inc., Gotham City Restaurant Group, L.L.C., Charles Milite, Eric Petterson.(Beckman, Mark) |
| Filing 14 ANSWER to #1 Complaint,. Document filed by Carolyn Benitez, Gotham City Restaurant Group, Inc., Gotham City Restaurant Group, L.L.C., Charles Milite, Eric Petterson.(Beckman, Mark) |
| Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Carolyn Benitez, Gotham City Restaurant Group, Inc., Gotham City Restaurant Group, L.L.C., Charles Milite, Eric Petterson.(Beckman, Mark) |
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Filing 12
ORDER SCHEDULING SETTLEMENT CONFERENCE: By Order of Reference dated October 4, 2013 (Dkt. No. 11), Judge Failla referred this case to me for settlement. A settlement conference will be held before me on November 5, 2013 at 2:15 p.m. in Courtroom 21D, United States Courthouse, 500 Pearl Street, New York, New York. If the parties wish to hold the settlement conference on another date, they may contact chambers with several alternative dates. SO ORDERED. Settlement Conference set for 11/5/2013 at 02:15 PM in Courtroom 21D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James L. Cott. (Signed by Magistrate Judge James L. Cott on 10/07/2013) (ama) Modified on 10/10/2013 (rsh).
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Filing 11
ORDER OF REFERENCE TO A 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. The parties are directed to contact the chambers of Magistrate Judge Cott to schedule a settlement conference within 14 days from the date of this Order. SO ORDERED. (Signed by Judge Katherine Polk Failla on 10/04/2013) (ama)
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| Filing 10 JOINT LETTER MOTION for Conference addressed to Judge Katherine Polk Failla from Jonathan Bernstein dated 10/04/2013. Document filed by Mely Lu, Nancy Orellana, Erica Riekert.(Bernstein, Jonathan) |
| Filing 9 NOTICE OF APPEARANCE by Vincent Mantella Avery on behalf of Carolyn Benitez, Gotham City Restaurant Group, Inc., Gotham City Restaurant Group, L.L.C., Charles Milite, Nancy Orellana, Eric Petterson. (Avery, Vincent) |
| Filing 8 NOTICE OF APPEARANCE by Mercedes Colwin on behalf of Carolyn Benitez, Gotham City Restaurant Group, Inc., Gotham City Restaurant Group, L.L.C., Charles Milite, Eric Petterson. (Colwin, Mercedes) |
| Filing 7 NOTICE OF APPEARANCE by Mark A. Beckman on behalf of Carolyn Benitez, Gotham City Restaurant Group, Inc., Gotham City Restaurant Group, L.L.C., Charles Milite, Eric Petterson. (Beckman, Mark) |
| Filing 6 STIPULATION. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys, that the time for Defendants, Gotham City Restaurant Group, Inc., Gotham City Restaurant Group, LLC, Charles Milite, Eric Petterson and Carolyn Benitez to answer, move or otherwise respond to the Plaintiffs' Complaint is hereby extended up to and including October 8, 2013, and as further set forth. Carolyn Benitez answer due 10/8/2013; Gotham City Restaurant Group, Inc. answer due 10/8/2013; Gotham City Restaurant Group, L.L.C. answer due 10/8/2013; Charles Milite answer due 10/8/2013; Eric Petterson answer due 10/8/2013. (Signed by Judge Katherine Polk Failla on 9/10/2013) (rjm) |
| Filing 5 WAIVER OF SERVICE RETURNED EXECUTED. All Defendants. Document filed by Mely Lu, Nancy Orellana, Erica Riekert. (Bernstein, Jonathan) |
| Filing 4 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE The FLSA/29 USC 201. Document filed by Mely Lu, Nancy Orellana, Erica Riekert.(Bernstein, Jonathan) |
| Filing 3 AFFIDAVIT OF SERVICE. All Defendants. Service was made by mail. Document filed by Mely Lu, Nancy Orellana, Erica Riekert., AFFIDAVIT OF SERVICE of Notice of Initial Pre-trial Conference and copies of Judge's individual rules served on Gotham City Restaurant Group, Inc. et al. on 8/5/2013. Service was made by mail. Document filed by Mely Lu, Nancy Orellana, Erica Riekert. (Bernstein, Jonathan) |
| Filing 2 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/29/2013 at 02:45 PM in Courtroom 618, U.S. Courthouse, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla, and as further set forth. (Signed by Judge Katherine Polk Failla on 7/31/2013) (rjm) |
| Filing 1 COMPLAINT against Carolyn Benitez, Gotham City Restaurant Group, Inc., Gotham City Restaurant Group, L.L.C., Charles Milite, Eric Petterson. (Filing Fee $ 350.00, Receipt Number 1072998)Document filed by Mely Lu, Nancy Orellana, Erica Riekert.(laq) (jd). |
| SUMMONS ISSUED as to Carolyn Benitez, Gotham City Restaurant Group, Inc., Gotham City Restaurant Group, L.L.C., Charles Milite, Eric Petterson. (laq) |
| Case Designated ECF. (laq) |
| Magistrate Judge James L. Cott is so designated. (laq) |
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