Mata et al v. Riverdale Car Wash & Detail Center, Inc. et al
| Mata, Obdulio Antonio Mata and Rafael Pineda |
| Riverdale Car Wash & Detail Center, Inc, Riverdale Car Wash & Detail Center, Inc. doing business as Riverdale Car Wash, MVP Car Wash, LLC doing business as MVP Car Wash, Peter Della Mura and Salvador Della Mura |
| 1:2016cv09100 |
| November 22, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Henry B Pitman |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 23, 2017. A more recent docket listing may be available from PACER.
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Filing 21
OPINION AND ORDER re: #20 LETTER addressed to Magistrate Judge Henry B. Pitman from Roman Avshalumov dated August 18, 2017 re: Parties' Request for Approval of the Revised Settlement Agreement. I approve the settlement in this matter. In light of the settlement, the action is dismissed with prejudice and without costs. The Court shall retain jurisdiction to enforce the settlement agreement. See Hendrickson v. United States, 791 F.3d 354, 358 (2d Cir. 2015). The Clerk of the Court is respectfully requested to mark this matter closed, and as further set forth herein. (Signed by Magistrate Judge Henry B. Pitman on 10/23/2017) Copies Transmitted By Chambers. (ras)
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Filing 20
LETTER addressed to Magistrate Judge Henry B. Pitman from Roman Avshalumov dated August 18, 2017 re: Parties' Request for Approval of the Revised Settlement Agreement. Document filed by Obdulio Antonio Mata(on behalf of all others similarly situated), Obdulio Antonio Mata(Individually), Rafael Pineda(On behalf of all others similarly situated), Rafael Pineda(Individually). (Attachments: #1 Exhibit 1 (Settlement Agreement), #2 Exhibit 2 (Confession of Judgment))(Dalton, Helen)
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Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Status Conference held on 6/20/2017. (ajc)
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Filing 19
LETTER addressed to Magistrate Judge Henry B. Pitman from Walter F. Ciacci, Esq. dated May 30, 2017 Document filed by Peter Della Mura, Salvador Della Mura, MVP Car Wash, LLC, Riverdale Car Wash & Detail Center, Inc.. (Attachments: #1 Exhibit Correspondence to Attorney O'Donnell dated May 17, 2017, #2 Exhibit Correspondence to Attorney O'Donnell dated May 24, 2017)(Ciacci, Walter)
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Filing 18
LETTER addressed to Magistrate Judge Henry B. Pitman from Roman Avshalumov dated May 26, 2017 re: Defendants' Failure to Comply with Terms of Settlement Agreement. Document filed by Obdulio Antonio Mata(on behalf of all others similarly situated), Obdulio Antonio Mata(Individually), Rafael Pineda(On behalf of all others similarly situated), Rafael Pineda(Individually).(Dalton, Helen)
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Filing 17
CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by ALL PLAINTIFFS, ALL DEFENDANTS. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Henry B. Pitman. (Signed by Judge Richard J. Sullivan on 4/25/2017) (ras)
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Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Settlement Conference held on 4/24/2017. (bh)
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The settlement conference is adjourned to 4/24/2017 at 2:00 PM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Henry B. Pitman. Counsel are reminded to submit their exparte letter by no later than 4pm on 4/21/2017. (bh)
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Filing 16
MEMO ENDORSEMENT on re: #15 LETTER addressed to Judge Richard J. Sullivan from Roman Avshalumov dated March 29, 2017 re: Plaintiffs' Amended Complaint. Document filed by Obdulio Antonio Mata (on behalf of all others similarly situated), Obdulio Antonio Mata (Individually ), Rafael Pineda (On behalf of all others similarly situated), Rafael Pineda (Individually). ENDORSEMENT: In light of Defendants' consent to the proposed amended complaint, IT IS HEREBY ORDERED that Plaintiffs' request is granted. The parties are reminded that discovery closes on May 30, 2017 and that any party contemplating a post-discovery motion, such as a motion for summary judgment, shall file a pre-motion letter consistent with Rule 2A of the Court's Individual Rules and Practices by that date. (Doc. No. 11.) The parties are also reminded that the post-discoveryconference will take place on June 16, 2017 at 10:00 a.m. So ordered. (Signed by Judge Richard J. Sullivan on 3/30/2017) (rjm)
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Filing 15
LETTER addressed to Judge Richard J. Sullivan from Roman Avshalumov dated March 29, 2017 re: Plaintiffs' Amended Complaint. Document filed by Obdulio Antonio Mata(on behalf of all others similarly situated), Obdulio Antonio Mata(Individually), Rafael Pineda(On behalf of all others similarly situated), Rafael Pineda(Individually). (Attachments: #1 Exhibit A (Amended Complaint))(Dalton, Helen)
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Filing 14
NOTICE OF APPEARANCE by James Patrick Peter O'Donnell on behalf of Obdulio Antonio Mata(on behalf of all others similarly situated), Obdulio Antonio Mata(Individually), Rafael Pineda(On behalf of all others similarly situated), Rafael Pineda(Individually). (O'Donnell, James)
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Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Telephone Conference held on 1/18/2017. Settlement conference scheduled for 4/6/2017 at 2:00 pm.(bh)
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Filing 13
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Peter Della Mura, Salvador Della Mura, MVP Car Wash, LLC, Riverdale Car Wash & Detail Center, Inc..(Ciacci, Walter)
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A telephone conference to discuss the timing of the settlement conference is set for January 18, 2017 at 3:15 pm before Magistrate Judge Henry B. Pitman. Counsel for plaintiff is directed to initiate the call and contact chambers at 212-805-6105 when all parties are on the line.(bh)
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Filing 12
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 Henry B. Pitman. The parties shall contact Magistrate Judge Pitman to schedule a settlement conference by: 5/1/2017. (Signed by Judge Richard J. Sullivan on 1/3/2017) (mro)
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Filing 11
CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to disposition of this case by a Magistrate Judge, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. Deposition due by 5/15/2017. Fact Discovery due by 5/30/2017. Status Conference set for 6/16/2017 at 10:00 AM before Judge Richard J. Sullivan. The parties are to contact MJ Pitman by 5/1/17. Parties have conferred and their present best estimate of the length of trial is 4 days. (Signed by Judge Richard J. Sullivan on 1/3/2017) (mro)
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Filing 10
ANSWER to #1 Complaint,. Document filed by Peter Della Mura, Salvador Della Mura, MVP Car Wash, LLC, Riverdale Car Wash & Detail Center, Inc.. (Attachments: #1 Affidavit Affidavit of Service)(Ciacci, Walter)
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Minute Entry for proceedings held before Judge Richard J. Sullivan: Initial Pretrial Conference held on 1/3/2017. Attorney James O'Donnell present for Plaintiffs. Attorney Walter Ciacci present for Defendants. The Court approved a separately docketed case management plan and referred the parties to Judge Pitman for settlement discussions. (Blacklock, Evelyn)
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Filing 9
JOINT LETTER addressed to Judge Richard J. Sullivan from Roman Avshalumov and Walter F. Ciacci dated December 22, 2016 re: In Advance of the Initial Conference. Document filed by Obdulio Antonio Mata(on behalf of all others similarly situated), Obdulio Antonio Mata(Individually), Rafael Pineda(On behalf of all others similarly situated), Rafael Pineda(Individually).(Dalton, Helen)
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Filing 8
RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Obdulio Antonio Mata(on behalf of all others similarly situated), Obdulio Antonio Mata(Individually), Rafael Pineda(On behalf of all others similarly situated), Rafael Pineda(Individually).(Dalton, Helen)
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Filing 7
ORDER: Due to a court holiday, the Court must reschedule the initial conference in this matter. Accordingly, IT IS HEREBY ORDERED THAT the initial conference previously scheduled for January 2, 2017 is adjourned to Tuesday, January 3, 2017 at 12:15 p.m. Initial Conference set for 1/3/2017 at 12:15 PM before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 12/13/2016) (cf)
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Filing 6
CIVIL COVER SHEET filed. (Dalton, Helen)
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Filing 5
ORDER: Initial Conference set for 1/2/2017 at 11:00 AM in Courtroom 905 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, NY 10007 before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 12/1/2016) (mro)
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Filing 4
ELECTRONIC SUMMONS ISSUED as to Peter Della Mura, Salvador Della Mura, MVP Car Wash, LLC, Riverdale Car Wash & Detail Center, Inc.. (dgo) (Main Document 4 replaced on 12/2/2016) (dgo).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Helen F. Dalton to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated July 2016;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated July 2016. The S.D.N.Y. Civil Cover Sheet dated July 2016 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (dgo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Richard J. Sullivan. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (dgo)
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Magistrate Judge Henry B. Pitman is so designated. (dgo)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Helen F. Dalton re: Document No. #1 Complaint,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; Add Rafael Aviles Pineda to the docket, and in the party text insert "On behalf of all others similarly situated". Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. (dgo)
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ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Rafael Pineda added. Party added pursuant to #1 Complaint,. Document filed by Rafael Pineda. Related document: #1 Complaint, filed by Obdulio Antonio Mata, Rafael Pineda.(Dalton, Helen)
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Case Designated ECF. (dgo)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Riverdale Car Wash & Detail Center, Inc. d/b/a Riverdale Car Wash, MVP Car Wash, LLC d/b/a MVP Car Wash, Peter Della Mura and Salvador Della Mura, re: #1 Complaint,. Document filed by Obdulio Antonio Mata(on behalf of all others similarly situated), Obdulio Antonio Mata, Rafael Pineda. (Dalton, Helen)
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Filing 2
FILING ERROR - DEFICIENT PLEADING -PDF ERROR CIVIL COVER SHEET filed. (Dalton, Helen) Modified on 12/2/2016 (dgo).
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Filing 1
COMPLAINT against Peter Della Mura, Salvador Della Mura, MVP Car Wash, LLC, Riverdale Car Wash & Detail Center, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-13021575)Document filed by Obdulio Antonio Mata, Obdulio Antonio Mata(on behalf of all others similarly situated), Rafael Pineda.(Dalton, Helen)
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***NOTICE TO ATTORNEY TO FILE INITIAL PLEADING. Notice to Attorney Helen F. Dalton to electronically file the initial pleading in this case. Failure to file the initial pleading may result in the dismissal of the case pursuant to Standing Order 15-mc-00131. Initial Pleading due by 11/28/2016. (dgo)
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