Pinguil et al v. We Are All Frank, Inc. et al
| Pinguil, Luis Pinguil, Segundo Tacuri Quito, Jose Lema, Fausto Peralta, Neptali Peralta, Segundo Campoverde, Edison Valleso, Juan Matute, Bessy Morales, Feliciano Martinez, Sulma Betanco, Rolando Ruiz and Jose Pelaez |
| We Are All Frank, Inc, We Are All Frank, Inc. doing business as Frank Restaurant, Kitchen Table, Inc. doing business as Frank Restaurant, Frank Prisinzano, Just An Oven Corp. and Coda Di Bue LLC |
| 1:2017cv02237 |
| March 28, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Barbara C Moses |
| William H Pauley |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
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Filing 37
ORDER: It is hereby ORDERED that this action is DISMISSED with prejudice and without costs. The Court will retain jurisdiction for purposes of enforcing the Agreement if necessary. The Clerk of Court is directed to close the case. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 7/11/2018) (cf)
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| Filing 36 LETTER addressed to Magistrate Judge Barbara C. Moses from Roman Avshalumov dated June 5, 2018 re: Agreement and Release Addendum and Allocation of Settlement Funds. Document filed by Sulma Betanco(on behalf of all others similarly situated), Sulma Betanco(individually), Segundo Campoverde(individually), Segundo Campoverde(on behalf of all others similarly situated), Jose Lema(on behalf of all others similarly situated), Jose Lema(individually), Feliciano Martinez(on behalf of all others similarly situated), Feliciano Martinez(individually), Juan Matute(on behalf of all others similarly situated), Juan Matute(individually), Bessy Morales(individually), Bessy Morales(on behalf of all others similarly situated), Jose Pelaez(on behalf of all others similarly situated), Jose Pelaez(individually), Fausto Peralta(individually), Fausto Peralta(on behalf of all others similarly situated), Neptali Peralta(on behalf of all others similarly situated), Neptali Peralta(individually), Luis Pinguil, Luis Pinguil, Segundo Tacuri Quito(individually), Segundo Tacuri Quito(on behalf of all others similarly situated), Rolando Ruiz(on behalf of all others similarly situated), Rolando Ruiz(individually), Edison Valleso(individually), Edison Valleso(on behalf of all others similarly situated). (Attachments: #1 Exhibit 1 (Settlement and Release Addendum), #2 Exhibit 2 (Allocation of Settlement Funds))(Dalton, Helen) |
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Filing 35
MEMORANDUM AND ORDER: For the reasons set forth above, I cannot approve the Agreement as fair and reasonable until the parties modify the releases in paragraph 7 and submit sufficient information to allow me to conclude that the settlement proceeds (net of the one-third attorney's fee) will be fairly allocated among the 13 plaintiffs. The parties are directed to submit a revised settlement agreement (or an appropriate addendum thereto) no later than June 12, 2018. (Signed by Magistrate Judge Barbara C. Moses on 5/21/2018) (ne) Modified on 8/2/2018 (ne).
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| Filing 34 LETTER addressed to Magistrate Judge Barbara C. Moses from Roman Avshalumov dated April 11, 2018 re: Settlement Approval. Document filed by Sulma Betanco(on behalf of all others similarly situated), Sulma Betanco(individually), Segundo Campoverde(individually), Segundo Campoverde(on behalf of all others similarly situated), Jose Lema(on behalf of all others similarly situated), Jose Lema(individually), Feliciano Martinez(on behalf of all others similarly situated), Feliciano Martinez(individually), Juan Matute(on behalf of all others similarly situated), Juan Matute(individually), Bessy Morales(individually), Bessy Morales(on behalf of all others similarly situated), Jose Pelaez(on behalf of all others similarly situated), Jose Pelaez(individually), Fausto Peralta(individually), Fausto Peralta(on behalf of all others similarly situated), Neptali Peralta(on behalf of all others similarly situated), Neptali Peralta(individually), Luis Pinguil, Luis Pinguil, Segundo Tacuri Quito(individually), Segundo Tacuri Quito(on behalf of all others similarly situated), Rolando Ruiz(on behalf of all others similarly situated), Rolando Ruiz(individually), Edison Valleso(individually), Edison Valleso(on behalf of all others similarly situated). (Attachments: #1 Exhibit A (Fully Executed Settlement Agreement), #2 Exhibit B (Confession of Judgment), #3 Exhibit C (Plaintiffs' Counsel's Billing Records))(Dalton, Helen) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Helen F. Dalton to RE-FILE Document #33 MOTION for Settlement Approval. Use the event type Letter found under the event list Other Documents. (ldi) |
| Filing 33 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Settlement Approval. Document filed by Sulma Betanco(on behalf of all others similarly situated), Sulma Betanco(individually), Segundo Campoverde(individually), Segundo Campoverde(on behalf of all others similarly situated), Jose Lema(on behalf of all others similarly situated), Jose Lema(individually), Feliciano Martinez(on behalf of all others similarly situated), Feliciano Martinez(individually), Juan Matute(on behalf of all others similarly situated), Juan Matute(individually), Bessy Morales(individually), Bessy Morales(on behalf of all others similarly situated), Jose Pelaez(on behalf of all others similarly situated), Jose Pelaez(individually), Fausto Peralta(individually), Fausto Peralta(on behalf of all others similarly situated), Neptali Peralta(on behalf of all others similarly situated), Neptali Peralta(individually), Luis Pinguil, Luis Pinguil, Segundo Tacuri Quito(individually), Segundo Tacuri Quito(on behalf of all others similarly situated), Rolando Ruiz(on behalf of all others similarly situated), Rolando Ruiz(individually), Edison Valleso(individually), Edison Valleso(on behalf of all others similarly situated). (Attachments: #1 Exhibit A (Fully Executed Settlement Agreement), #2 Exhibit B (Confession of Judgment), #3 Exhibit C (Plaintiffs' Counsel's Billing Records))(Dalton, Helen) Modified on 4/24/2018 (ldi). |
| Filing 32 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Sulma Betanco(on behalf of all others similarly situated), Sulma Betanco(individually), Segundo Campoverde(individually), Segundo Campoverde(on behalf of all others similarly situated), Coda Di Bue LLC, Just An Oven Corp., Kitchen Table, Inc., Jose Lema(on behalf of all others similarly situated), Jose Lema(individually), Feliciano Martinez(on behalf of all others similarly situated), Feliciano Martinez(individually), Juan Matute(on behalf of all others similarly situated), Juan Matute(individually), Bessy Morales(individually), Bessy Morales(on behalf of all others similarly situated), Jose Pelaez(on behalf of all others similarly situated), Jose Pelaez(individually), Fausto Peralta(individually), Fausto Peralta(on behalf of all others similarly situated), Neptali Peralta(on behalf of all others similarly situated), Neptali Peralta(individually), Luis Pinguil, Luis Pinguil, Frank Prisinzano, Segundo Tacuri Quito(individually), Segundo Tacuri Quito(on behalf of all others similarly situated). (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Barbara C. Moses. (Signed by Judge William H. Pauley, III on 4/4/2018) (jwh) |
| Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Settlement Conference held on 3/15/2018. (Snell, Kevin) |
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Filing 31
ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference is scheduled before Magistrate Judge Barbara Moses on Thursday, March 15, 2018, at 2:15 p.m., in Courtroom 20A, 500 Pearl Street, New York, NY 10007. (As further set forth in this Order.) Neither the scheduling of a settlement conference nor any adjournment affects the parties' other litigation deadlines or obligations. (Settlement Conference set for 3/15/2018 at 02:15 PM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 2/5/2018) (cf)
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| Minute Entry for proceedings held before Judge William H. Pauley, III: Final Pretrial Conference held on 1/26/2018. (Fang, Jerry) |
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Filing 30
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 Barbara C. Moses. (Signed by Judge William H. Pauley, III on 1/26/2018) (mro)
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Filing 29
SCHEDULING ORDER: The parties having appeared for a final pre-trial conference on January 26, 2018, the following schedule is entered on consent: (1) The parties shall appear for a status conference on May 11, 2018 at 10:00 a.m.; and (2) If this case is resolved before May 11, 2018, the parties shall advise this Court in writing. Status Conference set for 5/11/2018 at 10:00 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 1/26/2018) (mro)
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Filing 28
SCHEDULING ORDER: The final pre-trial conference currently scheduled for January 19, 2018 at 10:00 a.m. is adjourned to January 26, 2018 at 12:30 p.m. on consent of the parties. So ordered. (Final Pretrial Conference set for 1/26/2018 at 12:30 PM before Judge William H. Pauley III). (Signed by Judge William H. Pauley, III on 1/16/2018) (rjm)
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| Filing 27 LETTER addressed to Judge William H. Pauley, III from Roman Avshalumov dated January 11, 2018 re: Parties' Proposed Joint Pre-Trial Order. Document filed by Sulma Betanco(on behalf of all others similarly situated), Sulma Betanco(individually), Segundo Campoverde(individually), Segundo Campoverde(on behalf of all others similarly situated), Jose Lema(on behalf of all others similarly situated), Jose Lema(individually), Feliciano Martinez(on behalf of all others similarly situated), Feliciano Martinez(individually), Juan Matute(on behalf of all others similarly situated), Juan Matute(individually), Bessy Morales(individually), Bessy Morales(on behalf of all others similarly situated), Jose Pelaez(on behalf of all others similarly situated), Jose Pelaez(individually), Fausto Peralta(individually), Fausto Peralta(on behalf of all others similarly situated), Neptali Peralta(on behalf of all others similarly situated), Neptali Peralta(individually), Luis Pinguil, Luis Pinguil, Segundo Tacuri Quito(individually), Segundo Tacuri Quito(on behalf of all others similarly situated), Rolando Ruiz(on behalf of all others similarly situated), Rolando Ruiz(individually), Edison Valleso(individually), Edison Valleso(on behalf of all others similarly situated). (Attachments: #1 Exhibit A (Proposed Joint Pre-Trial Order))(Dalton, Helen) |
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Filing 26
CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY terminating #21 Letter Motion for Extension of Time to Answer; granting #24 Letter Motion to Substitute Attorney; granting #25 Letter Motion to Substitute Attorney. Notice is hereby given that, subject to approval by the court, Defendants substitutes Steven A. Coploff of Steinberg & Cavaliere, LLP, State Bar No. 1452654 as counsel of record in place of Gregg L. Brochin of Davis & Gilbert LLP. The motion for substitution of counsel is granted. The Clerk of Court is directed to terminate all pending motions. Added attorney Steven Alan Coploff. Attorney Gregg Lowell Brochin terminated. (Signed by Judge William H. Pauley, III on 12/27/2017) (mro)
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| Filing 25 LETTER MOTION to Substitute Attorney. Old Attorney: Gregg L. Brochin, New Attorney: Steven A. Coploff addressed to Judge William H. Pauley, III from Steven A. Coploff dated December 21, 2017. Document filed by Just An Oven Corp., Kitchen Table, Inc., Frank Prisinzano, We Are All Frank, Inc.. (Attachments: #1 Exhibit Consent Order Granting Substitution of Counsel, #2 Exhibit Declaration in Support of Motion to Substitute Counsel of Steven A. Coploff)(Coploff, Steven) |
| Filing 24 LETTER MOTION to Substitute Attorney. Old Attorney: Gregg L. Brochin, New Attorney: Steven A. Coploff addressed to Judge William H. Pauley, III from Steven A. Coploff dated December 19, 2017. Document filed by Just An Oven Corp., Kitchen Table, Inc., Frank Prisinzano, We Are All Frank, Inc.. (Attachments: #1 Exhibit Consent Order Granting Substitution of Counsel)(Coploff, Steven) |
| Filing 23 NOTICE of Substitution of Attorney. Old Attorney: Gregg L. Brochin, New Attorney: Steven A. Coploff, Address: Steinberg & Cavaliere, LLP, 50 Main Street, 9th Floor, White Plains, New York, United States 10606, (914) 761-4200. Document filed by Just An Oven Corp., Kitchen Table, Inc., Frank Prisinzano, We Are All Frank, Inc.. (Coploff, Steven) |
| Filing 22 ANSWER to #18 Amended Complaint,,,,,. Document filed by Just An Oven Corp., Kitchen Table, Inc., Frank Prisinzano, We Are All Frank, Inc..(Brochin, Gregg) |
| Filing 21 LETTER MOTION for Extension of Time to File Answer addressed to Judge William H. Pauley, III from Gregg Brochin dated 9/26/17. Document filed by Kitchen Table, Inc..(Brochin, Gregg) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Helen F. Dalton to RE-FILE re: Document No. #18 Amended Complaint. The filing is deficient for the following reason(s): Court's leave has not been granted The amended complaint was filed correctly after the due date. Permission from Chambers will need to be acquired in order for the filing to be accepted. 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. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (pc) |
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Filing 20
ORDER granting #19 Letter Motion for Extension of Time to Answer. Application granted. Just An Oven Corp. answer due 9/27/2017; Kitchen Table, Inc. answer due 9/27/2017; Frank Prisinzano answer due 9/27/2017; We Are All Frank, Inc. answer due 9/27/2017. (Signed by Judge William H. Pauley, III on 7/28/2017(as per Chambers)) (mro) Modified on 7/31/2017 (mro).
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| Filing 19 LETTER MOTION for Extension of Time to File Answer re: #18 Amended Complaint,,,,, #16 Amended Complaint,,,, The Specified Defendants respectfully request that their time to answer, move or otherwise respond with respect to the Amended Complaint be extended through and including September 27, 2017. This is the parties' first request for an extension. addressed to Judge William H. Pauley, III from Gregg Brochin dated July 28, 2017. Document filed by Just An Oven Corp., Kitchen Table, Inc., Frank Prisinzano, We Are All Frank, Inc..(Brochin, Gregg) |
| Filing 18 FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON-COMPLIANCE AMENDED COMPLAINT amending #16 Amended Complaint,,,, against Coda Di Bue LLC, Just An Oven Corp., Kitchen Table, Inc., Frank Prisinzano, We Are All Frank, Inc. with JURY DEMAND.Document filed by Rolando Ruiz(individually), Rolando Ruiz(on behalf of all others similarly situated), Segundo Campoverde(individually), Fausto Peralta(individually), Jose Pelaez(on behalf of all others similarly situated), Luis Pinguil, Sulma Betanco(on behalf of all others similarly situated), Sulma Betanco(individually), Luis Pinguil, Feliciano Martinez(on behalf of all others similarly situated), Edison Valleso(individually), Juan Matute(on behalf of all others similarly situated), Jose Pelaez(individually), Jose Lema(on behalf of all others similarly situated), Bessy Morales(individually), Segundo Tacuri Quito(individually), Neptali Peralta(on behalf of all others similarly situated), Segundo Campoverde(on behalf of all others similarly situated), Bessy Morales(on behalf of all others similarly situated), Edison Valleso(on behalf of all others similarly situated), Juan Matute(individually), Fausto Peralta(on behalf of all others similarly situated), Segundo Tacuri Quito(on behalf of all others similarly situated), Neptali Peralta(individually), Feliciano Martinez(individually), Jose Lema(individually). Related document: #16 Amended Complaint,,,,.(Dalton, Helen) Modified on 7/31/2017 (pc). |
| ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Segundo Campoverde(individually), Fausto Peralta(individually), Luis Pinguil, Luis Pinguil, Edison Valleso(individually), Juan Matute(on behalf of all others similarly situated), Jose Lema(on behalf of all others similarly situated), Segundo Tacuri Quito(individually), Neptali Peralta(on behalf of all others similarly situated), Segundo Campoverde(on behalf of all others similarly situated), Juan Matute(individually), Edison Valleso(on behalf of all others similarly situated), Fausto Peralta(on behalf of all others similarly situated), Segundo Tacuri Quito(on behalf of all others similarly situated), Neptali Peralta(individually), Jose Lema(individually), Bessy Morales, Feliciano Martinez, Sulma Betanco, Sulma Betanco, Bessy Morales, Feliciano Martinez, Rolando Ruiz, Jose Pelaez, Rolando Ruiz, Jose Pelaez added. Party added pursuant to #16 Amended Complaint,,,,.Document filed by Segundo Campoverde(individually), Fausto Peralta(individually), Luis Pinguil, Luis Pinguil, Edison Valleso(individually), Juan Matute(on behalf of all others similarly situated), Jose Lema(on behalf of all others similarly situated), Segundo Tacuri Quito(individually), Neptali Peralta(on behalf of all others similarly situated), Segundo Campoverde(on behalf of all others similarly situated), Juan Matute(individually), Edison Valleso(on behalf of all others similarly situated), Fausto Peralta(on behalf of all others similarly situated), Segundo Tacuri Quito(on behalf of all others similarly situated), Neptali Peralta(individually), Jose Lema(individually), Bessy Morales, Feliciano Martinez, Sulma Betanco, Sulma Betanco, Bessy Morales, Feliciano Martinez, Rolando Ruiz, Jose Pelaez, Rolando Ruiz, Jose Pelaez. Related document: #16 Amended Complaint,,,,.(Dalton, Helen) |
| Filing 17 NOTICE OF APPEARANCE by Nirupama Shree Hegde on behalf of Kitchen Table, Inc., Frank Prisinzano, We Are All Frank, Inc.. (Hegde, Nirupama) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Helen Dalton to RE-FILE Document No. #16 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. (laq) |
| Filing 16 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - - FIRST AMENDED COMPLAINT amending #1 Complaint,,, against Kitchen Table, Inc., Frank Prisinzano, We Are All Frank, Inc. with JURY DEMAND.Document filed by Segundo Campoverde(individually), Fausto Peralta(individually), Luis Pinguil, Luis Pinguil, Edison Valleso(individually), Juan Matute(on behalf of all others similarly situated), Jose Lema(on behalf of all others similarly situated), Segundo Tacuri Quito(individually), Neptali Peralta(on behalf of all others similarly situated), Segundo Campoverde(on behalf of all others similarly situated), Juan Matute(individually), Edison Valleso(on behalf of all others similarly situated), Fausto Peralta(on behalf of all others similarly situated), Segundo Tacuri Quito(on behalf of all others similarly situated), Neptali Peralta(individually), Jose Lema(individually). Related document: #1 Complaint,,, filed by Segundo Campoverde, Edison Valleso, Juan Matute, Luis Pinguil, Neptali Peralta, Fausto Peralta, Segundo Tacuri Quito, Jose Lema, Luis Pinguil.(Dalton, Helen) Modified on 7/19/2017 (laq). |
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Filing 15
SCHEDULING ORDER: The parties having appeared for an initial pre-trial conference on June 23, 2017, the following schedule is entered on consent: (1) Plaintiffs will file their amended complaint by July 14, 2017; (2) The parties shall complete all discovery by November 30, 2017; (3) The parties shall submit a joint pre-trial order by January 12, 2018; and (4) The parties shall appear for a final pre-trial conference on January 19, 2018 at 10:00 a.m. Amended Pleadings due by 7/14/2017. Discovery due by 11/30/2017. Final Pretrial Conference set for 1/19/2018 at 10:00 AM before Judge William H. Pauley III. Pretrial Order due by 1/12/2018. (Signed by Judge William H. Pauley, III on 6/26/2017) (mro)
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| Filing 14 INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Re: Parties' Rule 26(f) Report Document filed by Segundo Campoverde(individually), Segundo Campoverde(on behalf of all others similarly situated), Jose Lema(on behalf of all others similarly situated), Jose Lema(individually), Juan Matute(on behalf of all others similarly situated), Juan Matute(individually), Fausto Peralta(individually), Fausto Peralta(on behalf of all others similarly situated), Neptali Peralta(on behalf of all others similarly situated), Neptali Peralta(individually), Luis Pinguil, Luis Pinguil, Segundo Tacuri Quito(individually), Segundo Tacuri Quito(on behalf of all others similarly situated), Edison Valleso(individually), Edison Valleso(on behalf of all others similarly situated).(Dalton, Helen) |
| Filing 13 ANSWER to #1 Complaint,,,. Document filed by Kitchen Table, Inc., Frank Prisinzano, We Are All Frank, Inc..(Brochin, Gregg) |
| Filing 12 NOTICE OF APPEARANCE by James Patrick Peter O'Donnell on behalf of Segundo Campoverde(individually), Segundo Campoverde(on behalf of all others similarly situated), Jose Lema(on behalf of all others similarly situated), Jose Lema(individually), Juan Matute(on behalf of all others similarly situated), Juan Matute(individually), Fausto Peralta(individually), Fausto Peralta(on behalf of all others similarly situated), Neptali Peralta(on behalf of all others similarly situated), Neptali Peralta(individually), Luis Pinguil, Luis Pinguil, Segundo Tacuri Quito(individually), Segundo Tacuri Quito(on behalf of all others similarly situated), Edison Valleso(individually), Edison Valleso(on behalf of all others similarly situated). (O'Donnell, James) |
| Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Kitchen Table, Inc..(Brochin, Gregg) |
| Filing 10 NOTICE OF APPEARANCE by Gregg Lowell Brochin on behalf of Kitchen Table, Inc., Frank Prisinzano, We Are All Frank, Inc.. (Brochin, Gregg) |
| Filing 9 SUMMONS RETURNED EXECUTED. We Are All Frank, Inc. served on 4/7/2017, answer due 4/28/2017. Service was accepted by Rene Tigre, Managing Agent Authorized to Accept. Document filed by Segundo Campoverde(individually); Fausto Peralta(individually); Luis Pinguil; Luis Pinguil; Edison Valleso(individually); Juan Matute(on behalf of all others similarly situated); Jose Lema(on behalf of all others similarly situated); Segundo Tacuri Quito(individually); Neptali Peralta(on behalf of all others similarly situated); Segundo Campoverde(on behalf of all others similarly situated); Juan Matute(individually); Edison Valleso(on behalf of all others similarly situated); Fausto Peralta(on behalf of all others similarly situated); Segundo Tacuri Quito(on behalf of all others similarly situated); Neptali Peralta(individually); Jose Lema(individually). (Dalton, Helen) |
| Filing 8 SUMMONS RETURNED EXECUTED. Kitchen Table, Inc. served on 4/7/2017, answer due 4/28/2017. Service was accepted by Rene Tigre, Managing Agent Authorized to Accept. Document filed by Segundo Campoverde(individually); Fausto Peralta(individually); Luis Pinguil; Luis Pinguil; Edison Valleso(individually); Juan Matute(on behalf of all others similarly situated); Jose Lema(on behalf of all others similarly situated); Segundo Tacuri Quito(individually); Neptali Peralta(on behalf of all others similarly situated); Segundo Campoverde(on behalf of all others similarly situated); Juan Matute(individually); Edison Valleso(on behalf of all others similarly situated); Fausto Peralta(on behalf of all others similarly situated); Segundo Tacuri Quito(on behalf of all others similarly situated); Neptali Peralta(individually); Jose Lema(individually). (Dalton, Helen) |
| Filing 7 SUMMONS RETURNED EXECUTED. Frank Prisinzano served on 4/13/2017, answer due 5/4/2017. Service was accepted by Rene Tigre, Co-Worker Authorized to Accept. Service was made by MAIL. Document filed by Segundo Campoverde(individually); Fausto Peralta(individually); Luis Pinguil; Luis Pinguil; Edison Valleso(individually); Juan Matute(on behalf of all others similarly situated); Jose Lema(on behalf of all others similarly situated); Segundo Tacuri Quito(individually); Neptali Peralta(on behalf of all others similarly situated); Segundo Campoverde(on behalf of all others similarly situated); Juan Matute(individually); Edison Valleso(on behalf of all others similarly situated); Fausto Peralta(on behalf of all others similarly situated); Segundo Tacuri Quito(on behalf of all others similarly situated); Neptali Peralta(individually); Jose Lema(individually). (Dalton, Helen) |
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Filing 6
ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 6/23/2017 at 10:30 AM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 4/4/2017) (cla)
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| Filing 5 ELECTRONIC SUMMONS ISSUED as to Kitchen Table, Inc., Frank Prisinzano, We Are All Frank, Inc.. (nm) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to We Are All Frank, Inc., Kitchen Table, Inc., Frank Prisinzano, re: #1 Complaint,,,. Document filed by Segundo Campoverde(individually), Segundo Campoverde(on behalf of all others similarly situated), Jose Lema(on behalf of all others similarly situated), Jose Lema(individually), Juan Matute(on behalf of all others similarly situated), Juan Matute(individually), Fausto Peralta(individually), Fausto Peralta(on behalf of all others similarly situated), Neptali Peralta(on behalf of all others similarly situated), Neptali Peralta(individually), Luis Pinguil, Luis Pinguil, Segundo Tacuri Quito(individually), Segundo Tacuri Quito(on behalf of all others similarly situated), Edison Valleso(individually), Edison Valleso(on behalf of all others similarly situated). (Dalton, Helen) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Helen F. Dalton. The party information for the following party/parties has been modified: Luis Pinguil, Segundo Tacuri Quito, Jose Lema, Fausto Peralta, Neptali Peralta, Segundo Campoverde, Edison Valleso, Juan Matute, We Are All Frank, Inc., Kitchen Table, Inc.. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; alias party name was omitted. (kl) |
| ***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Helen F. Dalton. The following case opening statistical information was erroneously selected/entered: Cause of Action code 29:021; Jury Demand code p (Plaintiff); County code New York. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:201 Fair Labor Standards Act; the Jury Demand code has been modified to n (None); the County code has been modified to Queens. (kl) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge William H. Pauley, III. 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. (kl) |
| Case Designated ECF. (kl) |
| Magistrate Judge Barbara C. Moses is so designated. (kl) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. #2 Request for Issuance of Summons. The filing is deficient for the following reason(s): PLEASE ENTER AS TO WHO THE REQUEST FOR ISSUANCE OF SUMMONS IS FOR ON THE FORM. 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. (kl) |
| Filing 3 CIVIL COVER SHEET filed. (Dalton, Helen) |
| Filing 2 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED - PARTIALLY BLANK SUMMONS FORM - REQUEST FOR ISSUANCE OF SUMMONS as to We Are All Frank, Inc., Kitchen Table, Inc., Frank Prisinzano, re: #1 Complaint,,,. Document filed by Segundo Campoverde, Segundo Campoverde(individually and on behalf of all others similarly situated), Jose Lema(individually and on behalf of all others similarly situated), Jose Lema, Juan Matute(individually and on behalf of all others similarly situated), Juan Matute, Fausto Peralta, Fausto Peralta(individually and on behalf of all others similarly situated), Neptali Peralta(individually and on behalf of all others similarly situated), Luis Pinguil, Luis Pinguil, Segundo Tacuri Quito, Segundo Tacuri Quito(individually and on behalf of all others similarly situated), Edison Valleso, Edison Valleso(individually and on behalf of all others similarly situated). (Dalton, Helen) Modified on 3/29/2017 (kl). |
| Filing 1 COMPLAINT against Kitchen Table, Inc., Frank Prisinzano, We Are All Frank, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-13475166)Document filed by Segundo Campoverde, Fausto Peralta, Luis Pinguil, Luis Pinguil, Edison Valleso, Juan Matute(individually and on behalf of all others similarly situated), Jose Lema(individually and on behalf of all others similarly situated), Segundo Tacuri Quito, Neptali Peralta(individually and on behalf of all others similarly situated), Segundo Campoverde(individually and on behalf of all others similarly situated), Juan Matute, Edison Valleso(individually and on behalf of all others similarly situated), Fausto Peralta(individually and on behalf of all others similarly situated), Segundo Tacuri Quito(individually and on behalf of all others similarly situated), Jose Lema.(Dalton, Helen) |
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