Quizet Rivera et al v. Grill on 2nd LLC et al
| Saul Quizet Rivera, Angel Castillo, Fransisco Sapon Baquiax, Ivan Soto Garzon, Magdaleno Perez Gonzalez, Alfonso Leal and Efren Sanchez |
| Grill on 2nd LLC, Garrett Patrick Doyle, Patrick M. Brady and Patrick Lane |
| 1:2015cv06293 |
| August 11, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Laura Taylor Swain |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
158
ORDER The parties are directed to file a status update with the Court by September 20, 2022 regarding whether Plaintiffs have had any communications with Defendant Doyle since the March 24, 2022 conference including any progress in settlement dis cussions. Counsel for Plaintiffs is ordered to serve a copy of this Order on Defendant Doyle, and all other Defendants, by September 7, 2022. Within two days of service, counsel for Plaintiffs shall file proof of such service. SO ORDERED. (Signed by Judge John P. Cronan on 9/2/2022) (jca)
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Filing
156
ORDER: The Clerk of the Court is respectfully directed to attempt to locate pro bono counsel to represent Defendants Garrett Patrick Doyle and Grill on 2nd LLC. Counsel's duties will include representing these Defendants for the trial scheduled to begin on November 14, 2022. SO ORDERED. (Signed by Judge John P. Cronan on 3/24/2022) (ks) Transmission to Office of Pro Se Litigation for processing.
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Filing
153
ORDER: On February 18, 2022, the Court ordered the parties to appear for a teleconference on March 24, 2022 at 10:00 a.m. to discuss the status of the case and to set a new trial date. See Dkt. 152. To make the March 24 teleconference effective, the parties shall file a joint letter updating the Court on the status of the case by March 18, 2022. SO ORDERED. (Signed by Judge John P. Cronan on 3/15/2022) (jca)
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Filing
152
ORDER: On September 9, 2021, the Court ordered the parties to "appear for a final pretrial conference on February 22, 2022 at 10:00 a.m." Dkt. 141 at 2. On January 4, 2022, the Court adjourned sine die the March 3, 2022 trial date. To c larify, in adjourning the March 3 trial date, the Court also adjourned sine die the final pretrial conference scheduled for February 22. As the Court noted at the January 4 conference, the parties shall appear for a teleconference on March 24 , 2022 at 10:00 a.m. to discuss the status of the case and to set a new trial date. At the scheduled time, all parties should call 866-434-5269, access code 9176261. SO ORDERED. (Telephone Conference set for 3/24/2022 at 10:00 AM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 2/18/2022) (jca)
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Filing
150
ORDER: The Clerk of the Court is respectfully directed to attempt to locate pro bono counsel to represent Defendant Garrett Patrick Doyle. If counsel is located, such counsel will represent Defendant Doyle solely for purposes of the settlement negotiations and that representation will terminate at the conclusion of the settlement process. SO ORDERED. (Signed by Judge John P. Cronan on 12/3/2021) (mml) Transmission to Office of Pro Se Litigation for processing.
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Filing
144
ORDER: On September 9, 2021, the Court scheduled this case to be ready for trial to begin on or about February 28, 2022. By no later than November 5, 2021, the parties shall submit a joint letter to the Court with their current views on whether they still expect the case to proceed to trial as scheduled. SO ORDERED. (Signed by Judge John P. Cronan on 10/27/2021) (ate)
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Filing
141
ORDER : As discussed at the conference on September 7, 2021, the parties should be ready for trial in this case to commence on February 28, 2022. The parties must familiarize themselves with the Courts Individual Rules and Practices for Pro Se L itigants, available at https://www.nysd.uscourts.gov/hon-john-p-cronan. In accordance with 7.A of the Courts Individual Rules and Practices for Pro Se Litigants, the parties shall file Pretrial Statements in advance of trial. The Pretrial Statemen t need take no particular form, but must contain the following: (1) a statement of the facts the party hopes to prove at trial; (2) a list of all documents or physical objects that the party plans to put into evidence at trial; and (3) a list of the names and addresses of all witnesses the party intends to have testify at trial. Plaintiffs shall file their Pretrial Statement by January 28, 2022. Mr. Doyle shall file his Pretrial Statement by February 11, 2022. Mr. Doyle shall file an orig inal of his Statement, plus one courtesy copy, with the Pro Se Intake Unit. In accordance with 7.B of the Courts Individual Rules and Practices for Pro Se Litigants, Plaintiffs shall file any proposed voir dire questions to be used in the selectio n of jurors, a proposed jury charge, and a proposed verdict form at the time of filing their Pretrial Statement on January 28, 2022. Mr. Doyle may file any of these documents at the time he files his Pretrial Statement on February 11, 2022, but he is not required to do so. All exhibits that the parties plan to put into evidence at trial must be pre-marked in advance of trial. No later than February 23, 2022, each party shall submit to Chambers two sets of tabbed binders containing all docume ntary exhibits organized by exhibit number and a document listing all exhibits sought to be admitted. The parties shall appear for a final pretrial conference on February 22, 2022 at 10:00 a.m. in Courtroom 12D of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007. For any represented party, the final pretrial conference must be attended by the attorney who will serve as principal trial counsel. Counsel for Plaintiffs is ordered to serve a copy of this Order on Defendant Doyle, and all other Defendants, by September 10, 2021. Within two days of service, counsel for Plaintiffs shall file proof of such service. ( Final Pretrial Conference set for 2/22/2022 at 10:00 AM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 9/9/2021) (ate)
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Filing
137
ORDER denying without prejudice 104 Motion for Default Judgment. Counsel for all parties, and any party appearing pro se, shall appear before the undersigned for a conference on September 7, 2021 at 11:30 a.m. to set a trial date and discuss p re-trial matters. The conference shall take place via teleconference. At the scheduled time, counsel for all parties, and any party appearing pro se, should call (866) 434-5269, access code 9176261. In light of Defendant Garrett Doyle's appea rance in this action, Plaintiffs' motion for default judgment, Dkt. 104, is denied without prejudice to refiling at a later date if circumstances so warrant. The Clerk of Court is respectfully directed to terminate the motion pending at Dock et Number 104. Counsel for Plaintiffs shall serve a copy of this Order on all Defendants within two business days of the date of this Order. Counsel for Plaintiffs shall file proof of service within two business days of service. SO ORDERED. (Signed by Judge John P. Cronan on 8/27/2021) (jca)
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Filing
126
ORDER. Plaintiffs' request to adjourn the hearing scheduled for May 24, 2021 at 11:00 a.m., Dkt. 125, is denied as moot. The Clerk of Court is respectfully directed to terminate the motion pending at Docket Number 125. Defendant Garrett Doyle ap peared pro se during the telephonic hearing held on May 24, 2021 at 11:00 a.m. During this hearing, Mr. Doyle provided the following contact information for himself: Address: 500 South Ohioville Road, New Paltz, NY 12561. Phone Number: (917) 656-0674 . E-mail Address: GDoyle735@gmail.com. The Clerk of Court is respectfully directed to update Mr. Doyle's contact information on the docket to include his address, phone number, and email address. So ordered. Denying as moot 125 FIRST LETT ER MOTION to Adjourn Conference addressed to Judge John P. Cronan from Catalina Sojo dated May 24, 2021. Document filed by Angel Castillo (individually), Angel Castillo (on behalf of others similarly situated), et al. (Signed by Judge John P. Cronan on 5/24/2021) (rjm)
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Filing
124
ORDER Counsel for Plaintiffs shall be prepared to discuss the following issues, in addition to others, at the default judgment hearing scheduled for May 24, 2021 at 11:00 a.m. Moreover, counsel who appears at the hearing must be sufficiently familiar with the case and the damages calculations advocated by Plaintiffs, and should be ready to answer detailed questions from the Court. (Signed by Judge John P. Cronan on 5/23/2021) (mhe)
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Filing
119
ORDER granting 117 LETTER MOTION for Extension of Time to File addressed to Judge John P. Cronan from Catalina Sojo dated March 10, 2021. Document filed by Angel Castillo (individually), Angel Castillo (on behalf of others similarly situated), et al. This request is granted. Plaintiffs shall file proof of service in accordance with Local Civil Rule 55.2(c) by April 9, 2021. SO ORDERED. (Signed by Judge John P. Cronan on 3/10/2021) (rjm)
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Filing
115
ORDER: On February 17, 2021, the Court ordered Plaintiffs to comply with Local Civil Rule 55.2(c), which requires that default judgment moving papers "simultaneously be mailed to the party against whom a default judgment is sought at the last known residence of such party (if an individual) " and that "[p]roof of such mailing shall be filed with the Court." (Dkt. 113.) On March 3, 2021, Plaintiffs filed an affidavit of service that states that Plaintiffs mailed the defa ult judgment moving papers to Defendants Garrett Patrick Doyle, Patrick M. Brady, and Patrick Lane at 735 Second Ave, New York, New York 10016. (Dkt. 114.) The Court understands that this is the address of the corporate defendant, see Dkt. 1 3, and not the "last known residence" of any of the individual defendants. Plaintiffs have thus not complied with Local Civil Rule 55.2(c) as ordered. The Court reiterates that it "will not consider Plaintiffs' motion for default jud gment, Dkt. 104, until Plaintiffs comply with Local Civil Rule 55.2(c)." (Dkt. 113.) Plaintiffs are again ordered to mail copies of all papers submitted to the Court pursuant to Local Civil Rule 55.2(a) or (b) to all Defendants in accordance w ith Local Civil Rule 55.2(c) and 3.D of this Court's Individual Rules. Plaintiffs shall file proof of such service, in accordance with Local Civil Rule 55.2(c), by March 10, 2021. If Plaintiffs fail to comply with this Order, the Court may dismiss this case for failure to prosecute without further notice. SO ORDERED. (Signed by Judge John P. Cronan on 3/3/2021) (rj)
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Filing
113
ORDER: On January 26, 2021, Plaintiffs filed a motion for default judgment against Defendants Grill on 2nd LLC, Garrett Patrick Doyle, Patrick M. Brady, and Patrick Lane. (Dkt. 104.) That same day, Plaintiffs filed a certificate of service that indicated that copies of the default judgment moving papers were mailed to Defendant Grill on 2nd LLC and e-mailed to Defendants Doyle, Brady, and Lane. (Dkt. 108.)Local Civil Rule 55.2(c) requires that default judgment moving papers "shall simultaneously be mailed to the party against whom a default judgment is sought at the last known residence of such party (if an individual) "and that "[p]roof of such mailing shall be filed with the Court." Defendants Doyle, Brady, and Lane are individuals. See Dkt. 1, 30, 33, 36. Plaintiffs did not file proof that the default judgment moving papers were mailed to the "last known residence" of these individuals. I nstead, Plaintiffs only e-mailed the papers to the last known electronic mail addresses of each of these Defendants. (Dkt. 108.)The Court will not consider Plaintiffs motion for default judgment, Dkt. 104, until Plaintiffs comply with L ocal Civil Rule 55.2(c). Plaintiffs are ordered to mail copies of all papers submitted to the Court pursuant to Local Civil Rule 55.2(a) or (b) to all Defendants in accordance with Local Civil Rule 55.2(c) and 3.F of this Courts Individual Rules. Plaintiffs shall file proof of such service, in accordance with Local Civil Rule 55.2(c), by March 3, 2021. So Ordered. (Signed by Judge John P. Cronan on 2/17/2021) (js)
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Filing
109
ORDER LETTER MOTION for Extension of Time to File addressed to Judge John P. Cronan from Jordan Gottheim dated January 26, 2021. LETTER MOTION for Extension of Time to File Response/Reply as to 106 Proposed Default Judgment. 104 MOTION for Defaul t Judgment as to All Defendants. 105 Declaration in Support of Motion, addressed to Judge John P. Cronan from Jordan Gottheim dated January 26, 2021. Document filed by Angel Castillo (individually), Angel Castillo (on behalf of others similarly sit uated), et al. Plaintiffs' request is GRANTED. Any oppositions to Plaintiffs' motion for default judgment shall be filed by February 9, 2021. Any replies shall be filed by February 16, 2021. SO ORDERED. (Responses due by 2/9/2021. Replies due by 2/16/2021). (Signed by Judge John P. Cronan on 1/26/2021) (rjm)
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Filing
90
ORDER. Defendants Garrett Patrick Doyle, Patrick M. Brady, and Patrick Lane failed to comply with Judge Fox's Order dated April 19, 2019. (Dkt. 61.) Each of these Defendants is ORDERED to appear by counsel or inform the Court that he wishes to p roceed pro se by December 21, 2020. If any elect to proceed pro se, he shall provide the Court with contact information by December 21, 2020. Plaintiffs' counsel who have noticed an appearance as of the issuance of this Order are directed to not ify Defendants' attorneys in this action by serving upon each of them a copy of this Order. If unaware of the identity of counsel for any of the parties, Plaintiffs' counsel receiving this Order must forthwith send a copy of this Order to that party personally. SO ORDERED. (Signed by Judge John P. Cronan on 11/23/2020) (rjm)
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Filing
89
ORDER granting 88 Letter Motion to Adjourn Conference: Plaintiffs' request is GRANTED. The conference scheduled for November 16, 2020 at 12:00 p.m. is adjourned to November 19, 2020 at 3:00 p.m. (Pretrial Conference set for 11/19/2020 at 03:00 PM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 11/11/2020) (jwh)
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Filing
84
ORDER: On October 20, 2020, the Court ordered the parties to submit a joint letter updating the Court on the status of the case by October 30, 2020. (Dkt. 83.) The parties failed to submit this letter to the Court. By November 4, 2020, it is here by ORDERED that either (1) the parties must file on ECF the joint letter described in Dkt. 83 or (2) each party must submit a letter, of no more than five pages, showing cause why sanctions should not be imposed in light of the parties' failure to comply with the Courts Order of October 20, 2020. (Signed by Judge John P. Cronan on 10/31/2020) (cf)
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Filing
83
NOTICE OF REASSIGNMENT: This case has been reassigned to the undersigned. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-john-p-cronan. Unless and until the Cou rt orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the case's reassignment. Any currently scheduled conference or oral argument before this Court is adjourned pending further order of this Court, b ut any conference or oral argument before the Magistrate Judge will proceed as ordered. Counsel for all parties are hereby directed to appear before the undersigned for a status conference on November 6, 2020 at 2:00 p.m. In light of the ongoing COVI D-19 pandemic, the Court will conduct the IPTC by teleconference. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. Absent leave of Court obtained by letter-motion filed before the conference, all pretria l conferences must be attended by the attorney who will serve as principal trial counsel. Additionally, by October 30, 2020, the parties are hereby ORDERED to file on ECF a joint letter, described below, updating the Court on the status of the case. The joint letter shall not exceed five (5) pages, and shall provide the following information, to the extent it is relevant, in separate paragraphs: as set forth herein. SO ORDERED., ( Status Conference set for 11/6/2020 at 02:00 PM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 10/20/2020) (ama)
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Filing
81
ORDER: This matter having been commenced by the filing of a complaint on August 11, 2015, and the defendant Grill on 2nd, LLC, having failed to appear through counsel in this action, as required by the Court's order, following the Court's g ranting of its prior counsel's motion to withdraw, and the plaintiffs having sought permission to move for a default judgment, it is hereby ORDERED, that the plaintiffs may make a motion for a default judgment against defendant Grill on 2nd, LLC ; and it is further ORDERED, that such motion for default judgment must be served on the defendant Grill on 2nd, LLC, and must be accompanied by copies of the Clerk's Certificate and of proof of service of the summons and complaint and the motio n for default judgment as provided by the undersigned's Individual Practices Rules; and it is further ORDERED, that said motion shall be briefed in accordance with the schedule set forth in Local Civil Rule 6.1 and will be taken on submission un less otherwise directed by the Court; and it is further ORDERED, that plaintiffs must serve a copy of this Order on defendant Grill on 2nd, LLC, and file proof of such service within fourteen (14) days from the date hereof. (Signed by Judge Laura Taylor Swain on 8/11/20/20) (ama)
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