Chimbay et al v. Pizza Plus at Staten Island Ferry Inc.
| Chimbay, Danie Joseph, Sudeep Raj Uprety, Fernando Penaloza, Segundo Chimbay and Seydou Konate |
| Pizza Plus at Staten Island Ferry Inc., Siraj Himani, Amin Himani, DELICIOUS HOT DOGS & PRETZELS INC., 504 CLARKSON INC. and 500 CLARKSON INC. |
| 1:2015cv02000 |
| March 17, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Ronald L Ellis |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 10, 2017. A more recent docket listing may be available from PACER.
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Filing 105
STIPULATED ORDER OF DISMISSAL WITH PREJUDICE: Defendants AMIN HIMANI, SIRAJ HIMANI, 500 CLARKSON INC., 504 CLARKSON INC., DELICIOUS HOT DOGS 7 PRETZELS INC., and PIZZA PLUS AT STATEN ISLAND FERRY INC., and Plaintiffs SEGUNDO CHIMBAY, DANTE JOSEPH, SEYDOU KONATE, and FERNANDO PENALOZA (collectively the "Parties"), by and through their undersigned counsel, hereby stipulate and agree that the above captioned action is voluntarily discontinued, with prejudice, against all Defendants, and without any award of fees or costs to any party, except as provided in the Parties' Settlement Agreement. The terms of the Parties' Settlement Agreement have been reviewed and approved by the Court. The Court hereby retrains jurisdiction over this matter to enforce the terms of the Parties' Settlement Agreement and to settle any disputes pertaining to the Settlement Agreement. (Signed by Magistrate Judge Ronald L. Ellis on 2/10/2017) (cla)
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Filing 104
ORDER: Accordingly the settlement is APPROVED. The Clerk of Court is directed to terminate this action with prejudice. (Signed by Magistrate Judge Ronald L. Ellis on 12/28/2016) (cla)
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| Filing 103 LETTER addressed to Magistrate Judge Ronald L. Ellis from Nicholas R. Conlon dated December 16, 2016 re: Revised Proposed Settlement Agreement. Document filed by Segundo Chimbay, Danie Joseph, Seydou Konate, Fernando Penaloza. (Attachments: #1 Exhibit Revised Settlement Agreement (Clean Version), #2 Exhibit Revised Settlement Agreement (Red-line Version), #3 Exhibit Revised Attorney Time Ledger, #4 Exhibit Revised Attorney Expense Ledger)(Conlon, Nicholas) |
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Filing 102
MEMORANDUM OPINION AND ORDER # 106945 re: #99 MOTION to Approve FLSA Settlement . filed by Seydou Konate, Danie Joseph, Segundo Chimbay, Fernando Penaloza. For the reason that follows, their request for approval of the settlement agreement is DENIED. The Parties may refile the settlement and letter, curing the defects described above, by December 16, 2016. Failure to do so will result in the Court setting pretrial deadlines for this action. (Signed by Magistrate Judge Ronald L. Ellis on 12/1/2016) (cla)
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| Filing 101 SETTLEMENT AGREEMENT . Document filed by Segundo Chimbay, Danie Joseph, Seydou Konate, Fernando Penaloza.(Conlon, Nicholas) |
| Filing 100 MEMORANDUM OF LAW in Support re: #99 MOTION to Approve FLSA Settlement . . Document filed by Segundo Chimbay, Danie Joseph, Seydou Konate, Fernando Penaloza. (Attachments: #1 Affidavit Declaration of Nicholas Conlon, #2 Exhibit Attorney Time Ledger, #3 Exhibit Attorney Expense Ledger)(Conlon, Nicholas) |
| Filing 99 MOTION to Approve FLSA Settlement . Document filed by Segundo Chimbay, Danie Joseph, Seydou Konate, Fernando Penaloza.(Conlon, Nicholas) |
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Filing 98
ORDER granting #97 Letter Motion for Extension of Time to File SETTLEMENT DOCUMENTS FOR APPROVAL. Documents are due August 31, 2016. (HEREBY ORDERED by Magistrate Judge Ronald L. Ellis)(Text Only Order) (Ellis, Ronald)
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| Filing 97 JOINT LETTER MOTION for Extension of Time to File Motion for Settlement Approval addressed to Magistrate Judge Ronald L. Ellis from Nicholas Conlon and Lee Nuwesra dated August 26, 2016. Document filed by Segundo Chimbay, Danie Joseph, Seydou Konate, Fernando Penaloza.(Conlon, Nicholas) |
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Filing 96
ORDER: IT IS HEREBY ORDERED that by August 26, 2016, the Parties shall submit: (1) the settlement agreement; (2) a joint Stipulation of Dismissal with Prejudice for the Court's approval; and (3) a memorandum detailing why the settlement is fair and reasonable. If the agreement contemplates attorneys' fees and costs, counsel must also explain why the fees and costs are reasonable by submitting time records, and/or other relevant evidence. (Signed by Magistrate Judge Ronald L. Ellis on 7/12/2016) (kko)
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| Filing 95 LETTER addressed to Magistrate Judge Ronald L. Ellis from Nicholas R Conlon dated July 11, 2016 re: Mediation Status Report. Document filed by Segundo Chimbay, Danie Joseph, Seydou Konate, Fernando Penaloza.(Conlon, Nicholas) |
| Mediator Session Held on 7/8/2016 at 40 Foley Square.(mf) |
| MEDIATOR SESSION SCHEDULED Mediation Session re-scheduled for 7/8/2016, 9:00 AM at the U.S. Courthouse located at 40 Foley Square, New York, NY 10007.(cda) |
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Filing 93
ORDER granting #92 Letter Motion for Extension of Time. The Court has received the Parties' report concerning the status of mediation. (Doc. No. 92.) In light of the mediation session scheduled for July 8, 2016, the request to extend the discovery deadlines is GRANTED. Discovery will now close on July 29, 2016. Plaintiff must file his motion for conditional certification no later than August 12, 2016. This resolves Doc. No. 92. Discovery due by 7/29/2016. Motions due by 8/12/2016. (Signed by Magistrate Judge Ronald L. Ellis on 6/24/2016) (kko)
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| Filing 92 LETTER MOTION for Extension of Time to Conclude Mediation Process addressed to Magistrate Judge Ronald L. Ellis from Lee Nuwesra, Esq. dated June 24, 2016. Document filed by Pizza Plus at Staten Island Ferry Inc..(Nuwesra, Lee) |
| Mediator Session Held on 6/23/2016 at 40 Foley Square.(mf) |
| MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 6/23/2016, 10:00 AM at the U.S. Courthouse located at 40 Foley Square New York, NY 10007.(cda) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 6/24/2016.(cda) |
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Filing 91
MEDIATION REFERRAL ORDER: The Court has received the Parties' joint motion to stay discovery. IT IS HEREBY ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The parties are notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The Parties motion to stay discovery is GRANTED. All discovery will be due June 27, 2016. Plaintiff must move for conditional certification no later than July 11, 2016. The conference scheduled for Monday, May 16, 2016 will be adjourned sine die, and will be rescheduled pending the outcome of mediation. This resolves Doc. No. 90. (Mediator to be Assigned by 5/20/2016. Mediator Expertise Request due by 5/16/2016.) (Discovery due by 6/27/2016. Motions due by 7/11/2016.) Motions terminated: #90 JOINT LETTER MOTION to Stay re: 88 Order on Motion for Extension of Time to Complete Discovery, Set/Reset Hearings, #83 Order on Motion for Extension of Time to Complete Discovery. (Signed by Magistrate Judge Ronald L. Ellis on 5/10/2016) (kko)
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| Filing 90 JOINT LETTER MOTION to Stay re: 88 Order on Motion for Extension of Time to Complete Discovery, Set/Reset Hearings, #83 Order on Motion for Extension of Time to Complete Discovery,,,, (Joint Letter Motion to Stay Discovery and Refer the Instant Matter to Mediation) addressed to Magistrate Judge Ronald L. Ellis from Nicholas Conlon and Lee Nuwesra dated May 6, 2016. Document filed by Segundo Chimbay, Danie Joseph, Seydou Konate, Fernando Penaloza.(Conlon, Nicholas) |
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Filing 89
STIPULATION AND ORDER OF DISMISSAL: NOW THEREFORE, subject to the Court's approval of this stipulation, the Parties hereby stipulate and agree that all claims Martinez has asserted in this matter are hereby dismissed with prejudice, with each side bearing its own attorneys fees and costs. SO ORDERED. (Signed by Magistrate Judge Ronald L. Ellis on 5/04/2016) (ama)
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Filing 88
ORDER granting #87 Letter Motion for Extension of Time to Complete Discovery. (HEREBY ORDERED by Magistrate Judge Ronald L. Ellis)(Text Only Order) (Ellis, Ronald)
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| Filing 87 JOINT LETTER MOTION for Extension of Time to Complete Discovery until May 13, 2016 addressed to Magistrate Judge Ronald L. Ellis from Nicholas Conlon and Lee Nuwesra dated April 12, 2016. Document filed by Segundo Chimbay, Danie Joseph, Seydou Konate, Fernando Penaloza.(Conlon, Nicholas) |
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Filing 86
ORDER. On February 24, 2016, the Court entered a revised scheduling order. The Court set March 25, 2016, as the date for the FLSA opt-in period to close. The Parties are to disregard that date. IT IS HEREBY ORDERED that the FLSA opt-in period, if any, will be set upon resolution of Plaintiffs' motion for conditional certification. (Signed by Magistrate Judge Ronald L. Ellis on 3/14/2016) (rjm)
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Filing 85
OPINION AND ORDER #106280: Before the Court is Defendants' Motion to Dismiss. (Doc. No. 66.) Defendants initially sought to dismiss: (1) Delicious Hot Dogs pursuant to Rule 12(b)(1) for lack of subject matter jurisdiction; and (2) Plaintiff Sudeep Raj Upretty ("Uprety") and his claims against Brick Oven Pizza pursuant to Rule 12(b)(6) for failure to state a claim upon which relief can be granted. On March 2, 2016, the Parties submitted a stipulation for the dismissal of Uprety's claims, as well as Defendants' counterclaims against him. The Court approved the stipulation, dismissing Uprety from the case. (Doc. No. 84.) For the reasons, set forth above, Defendants' Motion to Dismiss is DENIED. This resolves Doc. No. 66. (As further set forth in this Order.) (Signed by Magistrate Judge Ronald L. Ellis on 3/14/2016) (kko) Modified on 3/16/2016 (ca).
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Filing 84
STIPULATION AND ORDER OF DISMISSAL: All claims Uprety has asserted in this matter of hereby dismissed without prejudice; All counterclaims asserted against Uprety in this matter are hereby dismissed without prejudice; Uprety shall have until March 30, 2016 to submit an application to the Court to restore his claims against Defendants. If Uprety's claims are restored, Defendants' counterclaims against Uprety shall also be restored; If Uprety fails to submit an application to restore his claims by March 30, 2016, then the claims he has asserted in this matter shall be deemed dismissed with prejudice; If Uprety fails to submit an application to restore his claims by March 30, 2016, then the counterclaims asserted against him in this matter shall be deemed dismissed with prejudice. SO ORDERED. (As further set forth in this Order.) Sudeep Raj Uprety and Sudeep Raj Uprety terminated. (Signed by Magistrate Judge Ronald L. Ellis on 3/2/2016) (kko)
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| Telephone Conference set for 3/2/2016 at 3:00 PM before Magistrate Judge Ronald L. Ellis. On the day of the conference, the parties will jointly place a telephone call to the chambers of Judge Ronald L. Ellis, at 212-805-0563. (rsh) |
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Filing 83
REVISED SCHEDULING ORDER granting #81 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Ronald L. Ellis from Nicholas Conlon and Lee Nuwesra dated January 29, 2016. The parties shall move to add parties (not including persons who file consents to sue under the FLSA), for good cause, no later than sixty (60) days after the close of the FLSA opt-in period (if any) set by the Court. The Parties shall move to add causes of action or defenses, for good cause, no later than sixty (60) days after the close of the FLSA opt-in period (if any) set by the Court. Plaintiffs shall file their Motion for Conditional Certification of their FLSA claims no later than May 27, 2016. Defendants must file their opposition no later than July 15, 2016. Plaintiffs shall have fourteen (14) days from Defendants' opposition to file a reply. The FLSA opt-in period shall close March 25, 2016. (As further set forth in this Order.) (Signed by Magistrate Judge Ronald L. Ellis on 2/24/2016) (adc)
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| Set/Reset Deadlines: Discovery due by 4/29/2016. Motions due by 5/27/2016. Responses due by 7/15/2016. (adc) |
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Filing 82
STIPULATION EXTENDING COUNTER-DEFENDANT SUDEEP RAJ UPRETY'S TIME TO ANSWER COUNTERCLAIMS: Counter-claimants, SIRAJ HIMANI, and PIZZA PLUS AT STATEN ISLAND FERRY INC., and Counter-Defendant SUDEEP RAJ UPRETY, by through their undersigned counsel, hereby stipulate that Counter-Defendant's time to answer or otherwise respond to Counter-claimants' Counterclaim (Dkt. No. 80) is hereby extended until February 29, 2016. SO ORDERED. Sudeep Raj Uprety answer due 2/29/2016. (Signed by Magistrate Judge Ronald L. Ellis on 2/3/2016) (kko)
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| Filing 81 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Ronald L. Ellis from Nicholas Conlon and Lee Nuwesra dated January 29, 2016. Document filed by Segundo Chimbay, Danie Joseph, Seydou Konate, Fernando Penaloza, Sudeep Raj Uprety. (Attachments: #1 Exhibit Proposed Revised Scheduling Order (clean version), #2 Exhibit Proposed Revised Scheduling Order (redline version))(Conlon, Nicholas) |
| Minute entry for proceedings held before Magistrate Judge Ronald L. Ellis: Status Conference held on 1/13/2016 at 10:30 a.m. Next Status Conference is scheduled for May 16, 2016 at 10:30 a.m. (rsh) |
| Status Conference set for 5/16/2016 at 10:30 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ronald L. Ellis. No request for adjournment will be considered unless made at least THREE BUSINESS DAYS before the scheduled conference and only after the parties have consulted with each other. Direct inquiries to Rupa Shah, 212-805-0242. (rsh) |
| Filing 80 ANSWER to #40 Amended Complaint,., COUNTERCLAIM against Segundo Chimbay, Danie Joseph, Seydou Konate, Fernando Penaloza, Sudeep Raj Uprety. Document filed by Pizza Plus at Staten Island Ferry Inc., DELICIOUS HOT DOGS & PRETZELS INC., 504 CLARKSON INC., Siraj Himani, 500 CLARKSON INC., Amin Himani. (Attachments: #1 Exhibit Exhibits A & B)(Nuwesra, Lee) |
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Filing 79
CONFIDENTIALITY STIPULATION AND ORDER...regarding procedures to be followed that shall govern the handling of confidential material... This Court is not bound by any provisions of this Stipulation. SO ORDERED. (Signed by Magistrate Judge Ronald L. Ellis on 10/21/2015) (kko)
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| Minute entry for proceedings held before Magistrate Judge Ronald L. Ellis: Status Conference held on 10/21/2015 at 11:00 a.m. Next Status Conference is scheduled for January 13, 2016 at 10:30 a.m. (rsh) |
| Status Conference set for 1/13/2016 at 10:30 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ronald L. Ellis. No request for adjournment will be considered unless made at least THREE BUSINESS DAYS before the scheduled conference and only after the parties have consulted with each other. Direct inquiries to Rupa Shah, 212-805-0242. (rsh) |
| Filing 78 DECLARATION of Siraj Himani in Support re: #76 Reply Memorandum of Law in Support,. Document filed by 500 CLARKSON INC., 504 CLARKSON INC., DELICIOUS HOT DOGS & PRETZELS INC., Amin Himani, Siraj Himani, Pizza Plus at Staten Island Ferry Inc.. (Nuwesra, Lee) |
| Filing 77 DECLARATION of Lee Nuwesra in Support re: #76 Reply Memorandum of Law in Support,. Document filed by 500 CLARKSON INC., 504 CLARKSON INC., DELICIOUS HOT DOGS & PRETZELS INC., Amin Himani, Siraj Himani, Pizza Plus at Staten Island Ferry Inc.. (Attachments: #1 Exhibit Exhibits C&D)(Nuwesra, Lee) |
| Filing 76 FIRST REPLY MEMORANDUM OF LAW in Support re: #67 Memorandum of Law in Support, of Defendants' Motion to Dismiss. Document filed by 500 CLARKSON INC., 504 CLARKSON INC., DELICIOUS HOT DOGS & PRETZELS INC., Amin Himani, Siraj Himani, Pizza Plus at Staten Island Ferry Inc.. (Nuwesra, Lee) |
| Filing 75 BRIEF Opposition to Motion to Dismiss. Document filed by Segundo Chimbay.(Conlon, Nicholas) |
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Filing 74
ORDER granting #73 Letter Motion to Adjourn Conference. Status Conference set for 10/21/2015 at 11:00 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ronald L. Ellis. No request for adjournment will be considered unless made at least THREE BUSINESS DAYS before the scheduled conference and only after the parties have consulted with each other. Direct inquiries to Rupa Shah, 212-805-0242. (HEREBY ORDERED by Magistrate Judge Ronald L. Ellis)(Text Only Order) (Ellis, Ronald)
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| Filing 73 LETTER MOTION to Adjourn Conference to Wednesday, October 21, 2015 at 10:30 a.m. (Unopposed) addressed to Magistrate Judge Ronald L. Ellis from Nicholas Conlon dated September 11, 2015. Document filed by Segundo Chimbay, Danie Joseph, Seydou Konate, Fernando Penaloza, Sudeep Raj Uprety.(Conlon, Nicholas) |
| Filing 72 CERTIFICATE OF SERVICE of Notice of Motion to Dismiss, et al. served on Segundo Chimbay, et al. on August 31, 2015. Document filed by 500 CLARKSON INC., 504 CLARKSON INC., DELICIOUS HOT DOGS & PRETZELS INC., Amin Himani, Siraj Himani, Pizza Plus at Staten Island Ferry Inc.. (Nuwesra, Lee) |
| Filing 71 DECLARATION of Siraj Himani in Support re: #67 Memorandum of Law in Support, #66 Notice (Other). Document filed by 500 CLARKSON INC., 504 CLARKSON INC., DELICIOUS HOT DOGS & PRETZELS INC., Amin Himani, Siraj Himani, Pizza Plus at Staten Island Ferry Inc.. (Attachments: #1 Exhibit Exhibits A&B)(Nuwesra, Lee) |
| Filing 70 DECLARATION of Minnat Mahmoud in Support re: #67 Memorandum of Law in Support, #66 Notice (Other). Document filed by 500 CLARKSON INC., 504 CLARKSON INC., DELICIOUS HOT DOGS & PRETZELS INC., Amin Himani, Siraj Himani, Pizza Plus at Staten Island Ferry Inc.. (Nuwesra, Lee) |
| Filing 69 DECLARATION of Mohommad Paramanik in Support re: #67 Memorandum of Law in Support, #66 Notice (Other). Document filed by 500 CLARKSON INC., 504 CLARKSON INC., DELICIOUS HOT DOGS & PRETZELS INC., Amin Himani, Siraj Himani, Pizza Plus at Staten Island Ferry Inc.. (Nuwesra, Lee) |
| Filing 68 DECLARATION of Siraj Himani in Support re: #67 Memorandum of Law in Support, #66 Notice (Other). Document filed by 500 CLARKSON INC., 504 CLARKSON INC., DELICIOUS HOT DOGS & PRETZELS INC., Amin Himani, Siraj Himani, Pizza Plus at Staten Island Ferry Inc.. (Nuwesra, Lee) |
| Filing 67 FIRST MEMORANDUM OF LAW in Support re: #66 Notice (Other) Motion to Dismiss. Document filed by 500 CLARKSON INC., 504 CLARKSON INC., DELICIOUS HOT DOGS & PRETZELS INC., Amin Himani, Siraj Himani, Pizza Plus at Staten Island Ferry Inc.. (Nuwesra, Lee) |
| Filing 66 NOTICE of Notice of Motion to Dismiss. Document filed by 500 CLARKSON INC., 504 CLARKSON INC., DELICIOUS HOT DOGS & PRETZELS INC., Amin Himani, Siraj Himani, Pizza Plus at Staten Island Ferry Inc.. (Nuwesra, Lee) |
| Minute entry for proceedings held before Magistrate Judge Ronald L. Ellis: Status Conference held on 8/12/2015 at 10:30 a.m. Next Status Conference is scheduled for October 19, 2015 at 10:30 a.m. (rsh) |
| Status Conference set for 10/19/2015 at 10:30 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ronald L. Ellis. No request for adjournment will be considered unless made at least THREE BUSINESS DAYS before the scheduled conference and only after the parties have consulted with each other. Direct inquiries to Rupa Shah, 212-805-0242. (rsh) |
| Filing 65 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by DELICIOUS HOT DOGS & PRETZELS INC..(Nuwesra, Lee) |
| Filing 64 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 504 CLARKSON INC..(Nuwesra, Lee) |
| Filing 63 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 500 CLARKSON INC..(Nuwesra, Lee) |
| Filing 62 NOTICE OF APPEARANCE by Lee Sam Nuwesra on behalf of Siraj Himani. (Nuwesra, Lee) |
| Filing 61 NOTICE OF APPEARANCE by Lee Sam Nuwesra on behalf of Amin Himani. (Nuwesra, Lee) |
| Filing 60 NOTICE OF APPEARANCE by Lee Sam Nuwesra on behalf of DELICIOUS HOT DOGS & PRETZELS INC.. (Nuwesra, Lee) |
| Filing 59 NOTICE OF APPEARANCE by Lee Sam Nuwesra on behalf of 504 CLARKSON INC.. (Nuwesra, Lee) |
| Filing 58 NOTICE OF APPEARANCE by Lee Sam Nuwesra on behalf of 500 CLARKSON INC.. (Nuwesra, Lee) |
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Filing 57
ORDER granting #56 Letter Motion to Adjourn Conference. Status Conference set for 8/12/2015 at 10:30 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ronald L. Ellis. No request for adjournment will be considered unless made at least THREE BUSINESS DAYS before the scheduled conference and only after the parties have consulted with each other. Direct inquiries to Rupa Shah, 212-805-0242. (HEREBY ORDERED by Magistrate Judge Ronald L. Ellis)(Text Only Order) (Ellis, Ronald)
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| Filing 56 LETTER MOTION to Adjourn Conference Currently Scheduled for August 5, 2015 addressed to Magistrate Judge Ronald L. Ellis from Nicholas Conlon dated June 30, 2015. Document filed by Segundo Chimbay, Danie Joseph, Seydou Konate, Fernando Penaloza, Sudeep Raj Uprety.(Conlon, Nicholas) |
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Filing 55
SCHEDULING ORDER: Lee Nuwesra, attorney for Defendant Pizza Plus at Staten Island Ferry, Inc., agrees to accept service of summons on behalf of all other named Defendants by mail, provided that all Defendants have thirty (30) days from the date of service to respond to Plaintiffs' Second Amended Complaint. The parties shall move to add parties (not including persons who file consents to sue under the FLSA), for good cause, no later than sixty (60) days after the close of the FLSA opt-in period (if any) set by the Court. The Parties shall move to add causes of action or defenses, for good cause, no later than sixty (60) days after the close of the FLSA opt-in period (if any) set by the Court. (As further set forth in this Order.) (Signed by Magistrate Judge Ronald L. Ellis on 7/13/2015) (kko)
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| Filing 54 ELECTRONIC SUMMONS ISSUED as to DELICIOUS HOT DOGS & PRETZELS INC.. (dgo) |
| ***DELETED DOCUMENT. Deleted document number 52 ELECTRONIC SUMMONS ISSUED as to DELICIOUS HOT DOGS & PRETZELS INC. The document was incorrectly filed in this case. (dgo) |
| Filing 53 ELECTRONIC SUMMONS ISSUED as to 504 CLARKSON INC. (lcu) |
| Filing 51 ELECTRONIC SUMMONS ISSUED as to 500 CLARKSON INC. (lcu) |
| Filing 50 ELECTRONIC SUMMONS ISSUED as to Siraj Himani. (lcu) |
| Filing 49 ELECTRONIC SUMMONS ISSUED as to Amin Himani. (lcu) |
| Filing 48 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Segundo Chimbay, Danie Joseph, Seydou Konate, Fernando Penaloza, Sudeep Raj Uprety.(Conlon, Nicholas) |
| Filing 47 REQUEST FOR ISSUANCE OF SUMMONS as to DELICIOUS HOT DOGS & PRETZELS INC., re: #40 Amended Complaint,. Document filed by Segundo Chimbay, Danie Joseph, Seydou Konate, Fernando Penaloza, Sudeep Raj Uprety. (Brown, Jason) |
| Filing 46 REQUEST FOR ISSUANCE OF SUMMONS as to 504 Clarkson Inc., re: #40 Amended Complaint,. Document filed by Segundo Chimbay, Danie Joseph, Seydou Konate, Fernando Penaloza, Sudeep Raj Uprety. (Brown, Jason) |
| Filing 45 REQUEST FOR ISSUANCE OF SUMMONS as to 500 Clarkson Inc., re: #40 Amended Complaint,. Document filed by Segundo Chimbay, Danie Joseph, Seydou Konate, Fernando Penaloza, Sudeep Raj Uprety. (Brown, Jason) |
| Filing 44 REQUEST FOR ISSUANCE OF SUMMONS as to Siraj Himani, re: #40 Amended Complaint,. Document filed by Segundo Chimbay, Danie Joseph, Seydou Konate, Fernando Penaloza, Sudeep Raj Uprety. (Brown, Jason) |
| Filing 43 REQUEST FOR ISSUANCE OF SUMMONS as to Amin Himani, re: #40 Amended Complaint,. Document filed by Segundo Chimbay, Danie Joseph, Seydou Konate, Fernando Penaloza, Sudeep Raj Uprety. (Brown, Jason) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. #39 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. WHEN REQUESTING INDIVIDUAL SUMMONS, REQUEST MUST BE MADE IN SEPARATE EVENTS. PLEASE RE-FILE REQUESTS SEPARATELY. (laq) |
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Filing 42
ORDER granting #41 Letter Motion for Extension of Time to File. (HEREBY ORDERED by Magistrate Judge Ronald L. Ellis)(Text Only Order) (Ellis, Ronald)
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| Filing 41 LETTER MOTION for Extension of Time to File Fed. R. Civ. P. 26(f) Report addressed to Magistrate Judge Ronald L. Ellis from Nicholas Conlon dated June 25, 2015. Document filed by Segundo Chimbay, Danie Joseph, Seydou Konate, Fernando Penaloza, Sudeep Raj Uprety.(Conlon, Nicholas) |
| Filing 40 SECOND AMENDED COMPLAINT amending #12 Amended Complaint against 500 CLARKSON INC., 504 CLARKSON INC., DELICIOUS HOT DOGS & PRETZELS INC., Amin Himani, Siraj Himani, Pizza Plus at Staten Island Ferry Inc. with JURY DEMAND.Document filed by Sudeep Raj Uprety, Fernando Penaloza, Segundo Chimbay, Danie Joseph, Seydou Konate. Related document: #12 Amended Complaint filed by Segundo Chimbay, Fernando Penaloza.(Conlon, Nicholas) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Nicholas Conlon to RE-FILE Document No. #38 Amended Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (moh) |
| Filing 39 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST - PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Amin Himani, Siraj Himani, 500 Clarkson Inc., 504 Clarkson, Inc., Delicious Hot Dogs & Pretzels Inc., re: #38 Amended Complaint,. Document filed by Segundo Chimbay, Danie Joseph, Seydou Konate, Fernando Penaloza, Sudeep Raj Uprety. (Attachments: #1 Exhibit Proposed Summons to Amin Himani, #2 Exhibit Proposed Summons to Siraj Himani, #3 Exhibit Proposed Summons to 500 Clarkson Inc., #4 Exhibit Proposed Summons to 504 Clarkson Inc., #5 Exhibit Proposed Summons to Delicious Hot Dogs & Pretzels, Inc.)(Conlon, Nicholas) Modified on 7/2/2015 (laq). |
| Filing 38 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - SECOND AMENDED COMPLAINT amending #12 Amended Complaint against Pizza Plus at Staten Island Ferry Inc., Siraj Himani, Amin Himani, 500 CLARKSON INC., 504 CLARKSON INC., DELICIOUS HOT DOGS & PRETZELS INC. with JURY DEMAND.Document filed by Segundo Chimbay, Fernando Penaloza, Danie Joseph, Seydou Konate, Sudeep Raj Uprety. Related document: #12 Amended Complaint filed by Segundo Chimbay, Fernando Penaloza.(Conlon, Nicholas) Modified on 6/23/2015 (moh). |
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Filing 37
ORDER granting #22 Motion for Leave to File Document. (HEREBY ORDERED by Magistrate Judge Ronald L. Ellis)(Text Only Order) (Ellis, Ronald)
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| Minute entry for proceedings held before Magistrate Judge Ronald L. Ellis: Status Conference held on 6/16/2015 at 11:10 a.m. Next Status Conference scheduled for 8/5/2015 at 10:30 a.m. (rsh) |
| Filing 36 REPLY MEMORANDUM OF LAW in Support re: #22 MOTION for Leave to File Second Amended Complaint and Join Additional Defendants. . Document filed by Segundo Chimbay, Fernando Penaloza. (Conlon, Nicholas) |
| Filing 35 DECLARATION of Siraj Himani in Opposition re: #22 MOTION for Leave to File Second Amended Complaint and Join Additional Defendants.. Document filed by Pizza Plus at Staten Island Ferry Inc.. (Nuwesra, Lee) |
| Filing 34 FIRST MEMORANDUM OF LAW in Opposition re: #22 MOTION for Leave to File Second Amended Complaint and Join Additional Defendants. . Document filed by Pizza Plus at Staten Island Ferry Inc.. (Nuwesra, Lee) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Nicholas R Conlon to E-MAIL Document No. #33 Stipulation to judgments@nysd.uscourts.gov. This document is not filed via ECF. (db) |
| Filing 33 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MOTION for Extension of Time to File Response/Reply to Defendant's Opposition to Plaintiffs' Motion for Leave to File Second Amended Complaint. Document filed by Segundo Chimbay, Fernando Penaloza.(Conlon, Nicholas) Modified on 6/3/2015 (db). |
| Filing 32 NOTICE OF CONFERENCE: A STATUS CONFERENCE in the above referenced matter has been scheduled for JUNE 16, 2015 at 11:00 a.m. before Magistrate Judge Ronald L. Ellis, in Courtroom 11C, 500 Pearl Street, New York 10007. No request for adjournment will be considered unless made at least THREE BUSINESS DAYS before the scheduled conference and only after the parties have consulted with each other. Direct inquiries to Rupa Shah, 212-805-0242. (Status Conference set for 6/16/2015 at 11:00 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ronald L. Ellis.)(kko) |
| Filing 31 NOTICE OF APPEARANCE by Patrick Sidney Almonrode on behalf of Segundo Chimbay, Fernando Penaloza. (Almonrode, Patrick) |
| Minute entry for proceedings held before Magistrate Judge Ronald L. Ellis: Initial Pretrial Conference held on 5/13/2015 at 10:30 a.m. Next Status Conference scheduled for June 16, 2015 at 11:00 a.m. (rsh) |
| Set/Reset Deadlines: Responses due by 6/3/2015. Replies due by 6/5/2015. (rsh) |
| Filing 30 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Segundo Chimbay, Fernando Penaloza.(Brown, Jason) |
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Filing 29
PRETRIAL CONFERENCE ORDER: This action has been referred to Magistrate Judge Ronald L. Ellis for TRIAL. A CONFERENCE WILL BE HELD IN THIS CASE BY THE JUDGE ON MAY 13, 2015, AT 10:30 A.M. IN COURTROOM 11C, 500 PEARL STREET. All counsel must be present. Plaintiff's counsel is responsible for confirming with each defendant's counsel that all necessary participants are aware of this conference. The individuals present must have authority and be prepared to discuss all aspects of the case, including any legal and factual matters related to the claims or counterclaims. (Pretrial Conference set for 5/13/2015 at 10:30 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ronald L. Ellis.) (Signed by Magistrate Judge Ronald L. Ellis on 4/29/2015) (kko)
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| Set/Reset Hearings: Initial Conference set for 5/13/2015 at 10:30 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ronald L. Ellis. (kko) |
| Filing 28 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Segundo Chimbay, Fernando Penaloza, Pizza Plus at Staten Island Ferry Inc. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Ronald L. Ellis. (Signed by Judge Katherine B. Forrest on 4/14/2015) (lmb) |
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Filing 27
ORDER: In light of the parties choosing to conduct all proceedings before the magistrate judge, the IPTC previously scheduled on April 17, 2015 is hereby ADJOURNED. (Signed by Judge Katherine B. Forrest on 4/14/2015) (lmb)
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| Filing 26 FIRST LETTER addressed to Judge Katherine B. Forrest from Lee Nuwesra dated April 14, 2015 re: Segundo Chimbay, et al. v. Pizza Plus at Staten Island Ferry 15 Civ. 2000 (KBF) (RLE). Document filed by Pizza Plus at Staten Island Ferry Inc.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Nuwesra, Lee) |
| Filing 25 FIRST LETTER addressed to Judge Katherine B. Forrest from Lee Nuwesra dated April 14, 2015 re: Segundo Chimbay, et al. v. Pizza Plus at Staten Island Ferry 15 Civ. 2000 (KBF) (RLE). Document filed by Pizza Plus at Staten Island Ferry Inc..(Nuwesra, Lee) |
| Filing 24 MEMO ENDORSEMENT on re: #23 Memorandum of Law in Support of Motion, filed by Segundo Chimbay, Fernando Penaloza. ENDORSEMENT: Do defendants oppose this motion? If not, please inform the Court by 4/15, plaintiff to file amendment on 4/16 and we have a conference on 4/17/15. (Amended Pleadings due by 4/16/2015.) (Signed by Judge Katherine B. Forrest on 4/10/2015) (kko) |
| Filing 23 MEMORANDUM OF LAW in Support re: #22 MOTION for Leave to File Second Amended Complaint and Join Additional Defendants. . Document filed by Segundo Chimbay, Fernando Penaloza. (Attachments: #1 Exhibit Proposed Second Amended Complaint, #2 Exhibit Declaration of Nicholas Conlon)(Conlon, Nicholas) |
| Filing 22 MOTION for Leave to File Second Amended Complaint and Join Additional Defendants. Document filed by Segundo Chimbay, Fernando Penaloza. Return Date set for 4/23/2015 at 11:59 PM.(Conlon, Nicholas) |
| Filing 21 NOTICE OF APPEARANCE by Nicholas R Conlon on behalf of Segundo Chimbay, Fernando Penaloza. (Conlon, Nicholas) |
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Filing 20
ORDER: Telephonic Initial Conference set for 4/17/2015 at 11:30 AM before Judge Katherine B. Forrest. (Signed by Judge Katherine B. Forrest on 3/24/2015) (mro)
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| Filing 19 ANSWER to #12 Amended Complaint. Document filed by Pizza Plus at Staten Island Ferry Inc..(Nuwesra, Lee) |
| Filing 18 CONSENT TO SUE UNDER THE FLSA. Document filed by Segundo Chimbay, Fernando Penaloza.(Brown, Jason) |
| Filing 17 CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:14-cv-07169. Original file certified copy of transfer order and docket entries received. (sjo) |
| Magistrate Judge Ronald L. Ellis is so designated. (sjo) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at http://www.nysd.uscourts.gov for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo) |
| Case Designated ECF. (sjo) |
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Filing 16
ORDER granting #14 Motion to Change Venue: Action is transferred to the Southern District of New York. Ordered by Judge Raymond J. Dearie on 3/11/2015. (Chee, Alvin) [Transferred from New York Eastern on 3/17/2015.]
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| Case transferred to the Southern District of New York. Original file, certified copy of transfer order, and docket sheet sent electronically. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Chee, Alvin) [Transferred from New York Eastern on 3/17/2015.] |
| Filing 15 NOTICE by Segundo Chimbay, Fernando Penaloza of Consent to Sue by Opt-in Plaintiff Sudeep Raj Uprety (Brown, Jason) [Transferred from New York Eastern on 3/17/2015.] |
| Filing 14 Joint MOTION to Change Venue to Southern District of New York by Stipulation by Segundo Chimbay, Fernando Penaloza. (Brown, Jason) [Transferred from New York Eastern on 3/17/2015.] |
| Filing 13 Letter re: Amended Complaint by Segundo Chimbay, Fernando Penaloza (Brown, Jason) [Transferred from New York Eastern on 3/17/2015.] |
| Filing 12 AMENDED COMPLAINT against Pizza Plus at Staten Island Ferry Inc., filed by Segundo Chimbay, Fernando Penaloza. (Attachments: #1 Civil Cover Sheet) (Brown, Jason) [Transferred from New York Eastern on 3/17/2015.] |
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ELECTRONIC ORDER re #13 Letter filed by Segundo Chimbay, Fernando Penaloza. The parties shall file their stipulation to transfer the case by March 20, 2015. Ordered by Magistrate Judge Roanne L. Mann on 3/6/2015. (Maynard, Pat) [Transferred from New York Eastern on 3/17/2015.]
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| Filing 11 Corporate Disclosure Statement by Pizza Plus at Staten Island Ferry Inc. (Nuwesra, Lee) [Transferred from New York Eastern on 3/17/2015.] |
| Filing 10 NOTICE of Appearance by Lee Nuwesra on behalf of Pizza Plus at Staten Island Ferry Inc. (aty to be noticed) (Nuwesra, Lee) [Transferred from New York Eastern on 3/17/2015.] |
| Filing 9 NOTICE by Segundo Chimbay, Fernando Penaloza of Consent to Sue by Segundo Chimbay and Fernando Penaloza (Attachments: #1 Exhibit) (Brown, Jason) [Transferred from New York Eastern on 3/17/2015.] |
| Filing 8 NOTICE by Segundo Chimbay, Fernando Penaloza of Consent to Sue by Opt-in Plaintiff Amador Urbano Martinez (Conlon, Nicholas) [Transferred from New York Eastern on 3/17/2015.] |
| Filing 7 NOTICE by Segundo Chimbay, Fernando Penaloza of Consent to Sue by Opt-in Plaintiff Seydou Konate (Brown, Jason) [Transferred from New York Eastern on 3/17/2015.] |
| Filing 6 MOTION for Extension of Time to File Answer. STIPULATION to extend time for Defendant Pizza Plus at Staten Island Ferry Inc. to answer by Segundo Chimbay, Fernando Penaloza (Brown, Jason) Modified as a motion on 2/6/2015 (Maynard, Pat).[Transferred from New York Eastern on 3/17/2015.] |
| Filing 5 WAIVER OF SERVICE Returned Executed by Segundo Chimbay, Fernando Penaloza. Pizza Plus at Staten Island Ferry Inc. waiver sent on 12/10/2014, answer due 2/9/2015. (Brown, Jason) [Transferred from New York Eastern on 3/17/2015.] |
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ELECTRONIC ORDER granting #6 Motion for Extension of Time to Answer. Pizza Plus at Staten Island Ferry Inc. answer due extended to 3/10/2015. Ordered by Magistrate Judge Roanne L. Mann on 2/6/2015. (Maynard, Pat) [Transferred from New York Eastern on 3/17/2015.]
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| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) [Transferred from New York Eastern on 3/17/2015.] |
| 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. (Bowens, Priscilla) [Transferred from New York Eastern on 3/17/2015.] |
| Filing 2 Summons Issued as to Pizza Plus at Staten Island Ferry Inc.. (Bowens, Priscilla) [Transferred from New York Eastern on 3/17/2015.] |
| Case assigned to Judge Raymond J. Dearie and Magistrate Judge Roanne L. Mann. (Bowens, Priscilla) [Transferred from New York Eastern on 3/17/2015.] |
| Filing 1 COMPLAINT against Pizza Plus at Staten Island Ferry Inc. filing fee $ 400, receipt number 0207-7384425 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Segundo Chimbay, Fernando Penaloza. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Brown, Jason) [Transferred from New York Eastern on 3/17/2015.] |
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