Tortorici et al v. Bus-Tev, LLC et al
| Carmelo Tortorici, Yovanny Madera, Evaristo Mendez and Luis Jiminez |
| Eric Tevrow, Bus-Tev, LLC d/b/a Early Morning Seafood and Bus-Tev, LLC doing business as Early Morning Seafood |
| 1:2017cv07507 |
| October 2, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Paul A Crotty |
| Labor: Fair Standards |
| 28 U.S.C. § 1331 fl Fed. Question: Fair Labor Standards |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 14, 2021. A more recent docket listing may be available from PACER.
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Filing 87
MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATION for #78 Motion for Summary Judgment filed by Bus-Tev, LLC, Eric Tevrow. The Court adopts Magistrate Judge Parker's R. & R. in full. The Court grants Defendants summary judgment on Plaintiff's FLSA and NYLL wage and hour claims; they are dismissed with prejudice. The Court declines to exercise jurisdiction over Plaintiff's remaining state law claims; they are dismissed without prejudice. The Clerk of Court is directed to close the motion at ECF number 78 and close this case. SO ORDERED. (Signed by Judge Paul A. Crotty on 9/14/2021) (va)
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| Filing 86 REPLY MEMORANDUM OF LAW in Opposition re: #85 Objection to Report and Recommendations . Document filed by Bus-Tev, LLC, Eric Tevrow..(Wolman, Derek) |
| Filing 85 OBJECTION to #84 Report and Recommendations Document filed by Carmelo Tortorici..(Salaman, Robert) |
| Filing 84 REPORT AND RECOMMENDATION ON MOTION FOR SUMMARY JUDGMENT re: #78 MOTION for Summary Judgment filed by Bus-Tev, LLC, Eric Tevrow. For the foregoing reasons, I respectfully recommend that Defendants' motion for summary judgment (ECF No. 78) be GRANTED in its entirety. Objections to R&R due by 7/12/2021 (Signed by Magistrate Judge Katharine H. Parker on 6/28/2021) (vfr) |
| Filing 83 RULE 56.1 STATEMENT. Document filed by Bus-Tev, LLC, Eric Tevrow..(Wolman, Derek) |
| Filing 82 REPLY MEMORANDUM OF LAW in Support re: #78 MOTION for Summary Judgment . . Document filed by Bus-Tev, LLC, Eric Tevrow..(Wolman, Derek) |
| Filing 81 MEMORANDUM OF LAW in Opposition re: #78 MOTION for Summary Judgment . . Document filed by Carmelo Tortorici. (Attachments: #1 Affidavit Attorney Declaration, #2 Exhibit A - Plaintiff's Affidavit, #3 Exhibit Plaintiff's Rule 56.1 Opposition).(Salaman, Robert) |
| Filing 80 AFFIDAVIT of Eric Tevrow in Support re: #78 MOTION for Summary Judgment .. Document filed by Bus-Tev, LLC, Eric Tevrow. (Attachments: #1 Exhibit 1. Payroll, #2 Exhibit 2. email Jul 31 2014, #3 Exhibit 3. email Jan 13 2017, #4 Exhibit 4. email Feb 15 2017, #5 Exhibit 5. text Aug 25 2017, #6 Exhibit 6. email Sept 8 2017, #7 Exhibit 7. text Sept 21 2017, #8 Exhibit 8. email Sept 22 2017).(Wolman, Derek) |
| Filing 79 AFFIRMATION of Derek Wolman in Support re: #78 MOTION for Summary Judgment .. Document filed by Bus-Tev, LLC, Eric Tevrow. (Attachments: #1 Exhibit A. Complaint, #2 Exhibit B. Tortorici Tscpt pt1, #3 Exhibit B. Tortorici Tscpt pt2, #4 Exhibit B. Tortorici Tscpt pt3, #5 Exhibit B. Tortorici Tscpt pt4, #6 Exhibit B. Tortorici Tscpt pt5, #7 Exhibit B. Tortorici Tscpt pt6, #8 Exhibit B. Tortorici Tscpt pt7, #9 Exhibit B. Tortorici Tscpt pt8, #10 Exhibit B. Tortorici Tscpt pt9, #11 Exhibit B. Tortorici Tscpt pt10, #12 Exhibit B. Tortorici Tscpt pt11, #13 Exhibit C. Tevrow Tscpt, #14 Exhibit D. Tax Form, #15 Exhibit E. Affidavit, #16 Exhibit F. 1099).(Wolman, Derek) |
| Filing 78 MOTION for Summary Judgment . Document filed by Bus-Tev, LLC, Eric Tevrow. Responses due by 3/31/2021 (Attachments: #1 Memo of Law, #2 Rule 56.1 Statement).(Wolman, Derek) |
| Filing 77 LETTER addressed to Magistrate Judge Katharine H. Parker from Derek Wolman dated February 1, 2021 re: Status regarding discovery. Document filed by Bus-Tev, LLC, Eric Tevrow..(Wolman, Derek) |
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Filing 76
SCHEDULING ORDER: SJ Motions due by 2/26/2021. Responses due by 3/31/2021 Replies due by 4/16/2021. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker) (Text Only Order) (Parker, Katharine)
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| Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: telephonic Status Conference held on 1/12/2021. AT&T Conference Line. (ca) |
| NOTICE TO COUNSEL: REMINDER of telephonic Status Conference scheduled on January 12, 2021 at 12:30 p.m. Please dial (866) 434-5269, access code 4858267 re: #73 Memo Endorsement.(ca) |
| Filing 75 MEMO ENDORSEMENT on re: #74 Letter filed by Bus-Tev, LLC, Eric Tevrow. ENDORSEMENT: Defendants' request for an extension of the fact discovery deadline until January 30, 2021 is hereby GRANTED. Further, the parties shall file a joint status letter with the Court by no later than February 1, 2021 to update the Court as to whether this dispute has been resolved and whether discovery is complete. ( Fact Discovery due by 1/30/2021.) (Signed by Magistrate Judge Katharine H. Parker on 1/2/2021) (mro) |
| Filing 74 LETTER addressed to Magistrate Judge Katharine H. Parker from Derek Wolman dated 12/31/2020 re: extension of discovery deadline. Document filed by Bus-Tev, LLC, Eric Tevrow..(Wolman, Derek) |
| Filing 73 MEMO ENDORSEMENT on re: #72 Letter filed by Bus-Tev, LLC, Eric Tevrow. ENDORSEMENT: APPLICATION GRANTED. The joint request for an extension of the discovery deadline is hereby GRANTED. Additionally, a telephone conference in this case will be held after the close of discovery on January 12, 2021 at 12:30 p.m. Counsel for the parties are directed to call (866) 434-5269, access code 4858267 at the scheduled time. (Discovery due by 12/31/2020., Telephone Conference set for 1/12/2021 at 12:30 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 11/12/2020) (rro) |
| Filing 72 LETTER addressed to Magistrate Judge Katharine H. Parker from Derek Wolman dated November 12, 2020 re: Extenstion of Discovery Deadline. Document filed by Bus-Tev, LLC, Eric Tevrow..(Wolman, Derek) |
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Filing 71
MEMO ENDORSEMENT on re: #70 Letter filed by Bus-Tev, LLC, ENDORSEMENT: SO ORDERED (Signed by Magistrate Judge Katharine H. Parker on 10/14/2020) ( Discovery due by 11/30/2020.) (ks)
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| Filing 70 LETTER addressed to Magistrate Judge Katharine H. Parker from Derek Wolman dated 10/14/2020 re: Extension of Discovery Deadline. Document filed by Bus-Tev, LLC..(Wolman, Derek) |
| Filing 69 MEMO ENDORSEMENT on re: #68 Letter filed by Bus-Tev, LLC, Eric Tevrow. ENDORSEMENT: APPLICATION GRANTED. ( Discovery due by 10/30/2020.) (Signed by Magistrate Judge Katharine H. Parker on 9/18/2020) (mro) |
| Filing 68 LETTER addressed to Magistrate Judge Katharine H. Parker from Derek Wolman dated September 18, 2020 re: extension of discovery deadline. Document filed by Bus-Tev, LLC, Eric Tevrow..(Wolman, Derek) |
| Filing 67 NOTICE OF APPEARANCE by Benjamin Samuel Noren on behalf of Bus-Tev, LLC, Eric Tevrow..(Noren, Benjamin) |
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Filing 66
MEMO ENDORSEMENT on re: #65 Letter filed by Bus-Tev, LLC, Eric Tevrow. ENDORSEMENT: SO ORDERED. ( Deposition due by 9/30/2020., Discovery due by 9/30/2020.) (Signed by Magistrate Judge Katharine H. Parker on 8/11/2020) (mro)
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| Filing 65 LETTER addressed to Magistrate Judge Katharine H. Parker from Derek Wolman dated August 10, 2020 re: Additional extension of discovery deadline. Document filed by Bus-Tev, LLC, Eric Tevrow..(Wolman, Derek) |
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Filing 64
MEMO ENDORSEMENT on re: #63 Letter filed by Bus-Tev, LLC, Eric Tevrow. ENDORSEMENT: SO ORDERED. ( Deposition due by 8/31/2020., Discovery due by 8/31/2020.) (Signed by Magistrate Judge Katharine H. Parker on 6/9/2020) (mro)
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| Filing 63 CONSENT LETTER addressed to Magistrate Judge Katharine H. Parker from Derek Wolman dated June 8, 2020 re: Extension of time. Document filed by Bus-Tev, LLC, Eric Tevrow..(Wolman, Derek) |
| Filing 62 Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Case Management Telephone Conference held on 3/16/2020 : See Transcript for Details. A transcript of this proceeding is available by utilizing the attached order form. (ca) |
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Filing 61
SCHEDULING ORDER: Discovery deadline extended to 6/30/2020 for purposes of completing remaining depositions. Status Report due by 6/30/2020. Status report shall include basis for proposed summary judgment motion and proposed briefing schedule. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker) (Text Only Order) (Parker, Katharine)
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Filing 60
ORDER CONVERTING CASE MANAGEMENT CONFERENCE TO TELEPHONE CONFERENCE: The Case Management Conference in this matter scheduled for Tuesday, March 16, 2020 at 3:00 p.m. is hereby converted to a telephonic conference. Counsel for the parties are directed to call Judge Parkers Chambers at the scheduled time with counsel for all parties on the line. Please dial 212-805-0234. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 3/11/2020) (jca)
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| Filing 59 NOTICE OF APPEARANCE by Peter Mayer Ripin on behalf of Bus-Tev, LLC, Eric Tevrow..(Ripin, Peter) |
| Filing 58 NOTICE OF APPEARANCE by Derek Avery Wolman on behalf of Bus-Tev, LLC, Eric Tevrow..(Wolman, Derek) |
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Filing 57
ORDER: In light of the parties' letter at Docket Number 54, discovery is hereby extended to March 31, 2020. No further extensions will be granted absent good cause. A case management conference is hereby scheduled for March 16, 2020 at 3:00 p.m. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 1/31/2020) ( Discovery due by 3/31/2020., Case Management Conference set for 3/16/2020 at 03:00 PM before Magistrate Judge Katharine H. Parker.)(ks)
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Filing 56
ORDER granting #54 Letter Motion to Adjourn Conference. The February 5 conference is off the calendar and this matter is referred to Magistrate Judge Parker. SO ORDERED. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo)
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Filing 55
ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). 120 Day Reference. Referred to Magistrate Judge Katherine H. Parker. SO ORDERED. (Signed by Judge Paul A. Crotty on 1/29/2020) (ks) Modified on 1/30/2020 (ks).
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| Filing 54 LETTER MOTION to Adjourn Conference addressed to Judge Paul A. Crotty from Matthew R. Yogg dated January 28, 2020. Document filed by Bus-Tev, LLC, Eric Tevrow.(Yogg, Matthew) |
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Filing 53
ORDER terminating #49 Motion for Conference ; terminating #52 Motion for Conference. It is hereby ORDERED that: 1. The Court finds that the terms of the proposed settlement agreement are fair,reasonable, and adequate, both to redress Plaintiffs' claims in this action and to compensate Plaintiffs' counsel for their legal fees, and the agreement is therefore approved except that: The last three sentences of Paragraph 7 are stricken and, Paragraph 8 is modified to include the following language: "Nothingherein shall preclude Plaintiff from discussing the facts pertaining to this lawsuit." (As further set forth in this Order.) The Clerk of Court is directed to terminate the motions at Docket Numbers 49 and 52 and close this case on the Docket of the Court. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 12/13/2019) Copies to counsel via ECF. (ks)
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| Filing 52 JOINT LETTER MOTION for Conference re: #51 Order on Motion for Conference,, to approve revised FLSA settlement agreement addressed to Magistrate Judge Katharine H. Parker from Robert Salaman dated 12/12/2019. Document filed by Luis Jiminez, Evaristo Mendez. (Attachments: #1 Exhibit A - Settlement Agreement)(Salaman, Robert) |
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Filing 51
ORDER terminating #48 Letter Motion for Conference. For these reasons, the Court cannot approve the proposed settlement as currently drafted. The parties may submit a revised agreement for approval that eliminates or further tailors these provisions or, alternatively, re-submit the agreement with a letter pointing the Court to cases within this Circuit where such provisions have been approved pursuant to Cheeks. For the above reasons, the Motion for Approval is denied. The Court is respectfully requested to terminate the motion at Doc. No. 48. (Signed by Magistrate Judge Katharine H. Parker on 12/9/2019) (mro)
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| Filing 50 NOTICE, CONSENT, AND REFERENCE OF A DISPOSITIVE MOTION TO A MAGISTRATE JUDGE by Bus-Tev, LLC, Luis Jiminez, Evaristo Mendez, Eric Tevrow, Carmelo Tortorici. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Katharine H. Parker. (Signed by Judge Paul A. Crotty on 12/5/2019) (ks) |
| Filing 49 JOINT LETTER MOTION for Conference re: #48 JOINT LETTER MOTION for Conference Cheeks motion for FLSA settlement approval addressed to Magistrate Judge Katharine H. Parker from Robert Salaman dated 12/5/2019. to approve magistrate consent form addressed to Judge Paul A. Crotty from Robert Salaman dated 12/5/2019. Document filed by Luis Jiminez, Evaristo Mendez. (Attachments: #1 Exhibit Magistrate Consent Form)(Salaman, Robert) |
| Filing 48 JOINT LETTER MOTION for Conference Cheeks motion for FLSA settlement approval addressed to Magistrate Judge Katharine H. Parker from Robert Salaman dated 12/5/2019. Document filed by Luis Jiminez, Evaristo Mendez. (Attachments: #1 Exhibit A - Settlement Agreement)(Salaman, Robert) |
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Filing 47
ORDER granting #46 Letter Motion to Adjourn Conference. The matter is adjourned to February 5, 2020 at 11:30 AM. SO ORDERED. (Signed by Judge Paul A. Crotty on 12/2/2019) Status Conference set for 2/5/2020 at 11:30 AM before Judge Paul A. Crotty. (ks)
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| Filing 46 JOINT LETTER MOTION to Adjourn Conference addressed to Judge Paul A. Crotty from Robert Salaman dated 11/26/2019. Document filed by Luis Jiminez, Evaristo Mendez, Carmelo Tortorici.(Salaman, Robert) |
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Filing 45
ORDER granting #44 Letter Motion for Extension of Time to Complete Discovery. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 11/20/2019) (ks)
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| Filing 44 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Katharine H. Parker from Robert Salaman dated 11/20/2019. Document filed by Luis Jiminez, Evaristo Mendez, Carmelo Tortorici.(Salaman, Robert) |
| Set/Reset Deadlines: Fact Discovery due by 1/31/2020. (ks) |
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Filing 43
ORDER: As discussed during today's conference, the remaining depositions in this action shall be scheduled by no later than November 8, 2019. The parties shall submit a joint letter to the Court by no later than November 22, 2019 indicating whether discovery is complete. The letter should also state whether the parties wish to schedule a settlement conference and, if so, propose dates for such conference. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 10/2/2019) ( Deposition due by 11/8/2019.) (ks)
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| Filing 42 Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Status Conference held on 10/2/2019 : See Transcript for Details. A transcript of this proceeding is available by utilizing the attached order form. (ca) |
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Filing 41
ORDER granting #40 Letter Motion for Extension of Time to Complete Discovery. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 9/26/2019) (rro)
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| Set/Reset Deadlines: Fact Discovery due by 11/22/2019. (rro) |
| Filing 40 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Katharine H. Parker from Robert Salaman dated 9/25/2019. Document filed by Luis Jiminez, Evaristo Mendez, Carmelo Tortorici.(Salaman, Robert) |
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Filing 39
ORDER RESCHEDULING STATUS CONFERENCE: The status conference previously scheduled for Tuesday, September 10, 2019 at 2:30 p.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street New York, New York is rescheduled to Wednesday, October 2, 2019 at 10:30 a.m. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 9/11/2019) ( Status Conference set for 10/2/2019 at 10:30 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (ks)
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| NOTICE: REMINDER TO THE PARTIES' of Status Conference scheduled for 9/10/2019 at 02:30 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker re: 33 Scheduling Order. (ca) |
| Minute Entry for proceedings held before Judge Paul A. Crotty: Status Conference held on 9/9/2019. REMARK: Robert Salaman appeared for the the plaintiffs. Mark Spund appeared for the defendants. The parties are encouraged to explore a full reference to Magistrate Judge Parker. A conference is set for December 4, 2019 at 2:45 PM. (Court Reporter Sonya Huggins) (dgo) |
| CALENDAR ENTRY **REMINDER**: Pretrial Conference scheduled to go forward on: Monday, September 9, 2019 @ 10:45 AM, 500 Pearl Street, Courtroom 14-C before Judge Paul A. Crotty, U.S.D.J. ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By David Gonzalez - Courtroom Deputy).(dgo) |
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Filing 38
ORDER granting #37 Letter Motion for Extension of Time to Complete Discovery. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 8/26/2019) Deposition due by 9/27/2019. (ks)
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| Filing 37 JOINT LETTER MOTION for Extension of Time to Complete Discovery Extend Deposition Deadline addressed to Magistrate Judge Katharine H. Parker from Robert Salaman dated 8/23/2019. Document filed by Luis Jiminez, Evaristo Mendez, Carmelo Tortorici.(Salaman, Robert) |
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Filing 36
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). This case is to be tried to a jury. Fact Discovery due by 9/27/2019. Expert Discovery due by 10/11/2019. Pretrial Conference set for 9/9/2019 at 10:45 AM before Judge Paul A. Crotty. Counsel for the parties have conferred and their present best estimate of the length of trial is 3 days. (Signed by Judge Paul A. Crotty on 6/24/2019) (ks)
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| Filing 35 PROPOSED CASE MANAGEMENT PLAN. Document filed by Luis Jiminez, Evaristo Mendez, Carmelo Tortorici. (Salaman, Robert) |
| Filing 34 Minute Entry for proceedings held before Judge Paul A. Crotty: Status Conference held on 6/12/2019. REMARK: Robert Salaman appeared for the plaintiffs. Mark Spund appeared for the defendants. A status report on discovery is due by Monday, June 24, 2019. See transcript for details. (Court Reporter Jennifer Thun) (dgo) |
| CALENDAR ENTRY **REMINDER**: Status Conference scheduled to go forward on: Wednesday, June 12, 2019 @ 11:30 AM, 500 Pearl Street, Courtroom 14-C before Judge Paul A. Crotty, U.S.D.J. ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By David Gonzalez - Courtroom Deputy).(dgo) |
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Filing 33
SCHEDULING ORDER: Discovery due by 9/27/2019. Status Conference set for 9/10/2019 at 02:30 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker. (Parker, Katharine)
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| Filing 32 Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Status Conference held on 5/22/2019 : See Transcript for Details. A transcript of this proceeding is available by utilizing the attached order form. (ca) |
| Notice of Status Conference: A Status Conference is scheduled to go forward on: Tuesday, May 21, 2019 @ 10:30 AM, 500 Pearl Street, Courtroom 14-C before Judge Paul A. Crotty. If the date is not convenient, either party can e-mail three (3) mutually convenient dates to the Courtroom Deputy at: David_C_Gonzalez@nysd.uscourts.gov ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By: David Gonzalez - Courtroom Deputy).(dgo) |
| NOTICE OF CASE REASSIGNMENT to Judge Paul A. Crotty. Judge Robert W. Sweet is no longer assigned to the case. (sjo) |
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Filing 31
ORDER: The parties are requested to confer regarding consent to the jurisdiction of a Magistrate Judge for all purposes. To the extent the parties agree to proceed before a Magistrate Judge for all purposes pursuant to 28 U.S.C. 636(c), they should complete a Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to this Order, as further set forth in this order. (Signed by Magistrate Judge Katharine H. Parker on 4/2/2019) (jwh)
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Filing 30
ORDER, This action has been referred to me for general pretrial management, including scheduling, discovery, non-dispositive pretrial motions, and settlement pursuant to 28 U.S.C. 636(b)(1)(A). (Dkt. No. 29.) A status conference in this matter is hereby scheduled for Wednesday, May 22, 2019 at 2:30 p.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. SO ORDERED. (Status Conference set for 5/22/2019 at 02:30 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 3/29/19) (yv)
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Filing 29
DIRECTION TO THE BAR AND INTERIM ORDER OF REFERENCE. The Hon. Robert W. Sweet of this court having died on March 24, 2019; and Time being needed in order to effect the reassignment of the cases on his docket: IT IS HEREBY ORDERED THAT, pending the reassignment of Judge Sweet's civil cases, all urgent matters should be taken either to the Magistrate Judge who is assigned to the case or to the District Judge sitting in Part I. In cases in which Judge Sweet did not sign an order of reference, this order operates as an interim order of reference to the Magistrate Judge for interim pre-trial supervision. Routine case management requests (such as, for extension of time) should be directed to the Magistrate Judge, not to the Part I Judge. (Signed by Judge Colleen McMahon on 3/27/19) (yv)
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| MEDIATOR SESSION NOT HELD Mediator Session scheduled for 2/26/19 at Defendant's Counsel's Office was NOT held.(ah) |
| MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 2/26/19, 10 A.M. at Defendant's Counsel's Office (Davidoff Hutcher & Citron LLP).(ah) |
| MEDIATOR SESSION NOT HELD Mediator Session scheduled for 2/13/19 at Defendant's Counsel's Office will NOT be held.(ah) |
| MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 2/13/19, 10 A.M. at Defendant's Counsel's Office.(ah) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 12/20/2018.(mf) |
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Filing 27
MEDIATION REFERRAL ORDER: 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 mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 11/19/2018. Mediator Expertise Request due by 11/14/2018. (Signed by Judge Robert W. Sweet on 11/9/2018) (rro)
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Filing 26
MEMO ENDORSEMENT on re: #25 Letter filed by Carmelo Tortorici, Evaristo Mendez, Luis Jiminez. ENDORSEMENT: SO ORDERED. (Signed by Judge Robert W. Sweet on 11/8/2018) (jca)
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| Filing 25 JOINT LETTER addressed to Judge Robert W. Sweet from Robert Salaman dated November 7, 2018 re: ADR Mediation. Document filed by Luis Jiminez, Evaristo Mendez, Carmelo Tortorici.(Salaman, Robert) |
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Filing 24
AMENDED ORDER: Please be advised that the conference scheduled for 10/9/18 has been rescheduled to 10/25/18 at 12 pm in Courtroom 18C. Please notify opposing counsel of the change. So Ordered.(Pretrial Conference set for 10/25/2018 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 10/12/2018) (rro)
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| Filing 23 ANSWER to #21 Amended Complaint,. Document filed by Bus-Tev, LLC, Eric Tevrow.(Spund, Mark) |
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Filing 22
ENDORSED LETTER: addressed to Judge Robert W. Sweet from Mark E. Spund dated 7/12/2018 re: Adjournment of the status conference scheduled for July 24th. ENDORSEMENT: The Conference is adjourned to noon on 10-09-18. SO ORDERED., ( Pretrial Conference set for 10/9/2018 at 12:00 PM before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 7/12/2018) (ama)
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| Filing 21 AMENDED COMPLAINT amending #1 Complaint against Bus-Tev, LLC, Eric Tevrow with JURY DEMAND.Document filed by Carmelo Tortorici, Evaristo Mendez, Luis Jiminez. Related document: #1 Complaint. (Attachments: #1 Exhibit Consent to Sue - Mendez, #2 Exhibit Consent to Sue - Jiminez)(Salaman, Robert) |
| Filing 20 STIPULATION TO AMEND THE CAPTION, ADD PARTIES AND CAPTION: that Evaristo Mendez and Luis Jiminez join the action as additional Plaintiffs. Plaintiff file an Amended Complaint, attached as Exhibit A. The attorneys for Defendants agree to waive service of process of behalf of their clients. Defendants will file a response to the Amended Complaint within 45 days of the date of filing of the Amended Complaint. The caption is amended to include Plaintiffs Evaristo Mendez and Luis Jiminez as additional Plaintiffs in this action. The amended caption will read as as further set forth herein. Evaristo Mendez and Luis Jiminez added. (Signed by Judge Robert W. Sweet on 6/29/2018) (tro) |
| Filing 19 STIPULATION OF DISCONTINUANCE WITH PREJUDICE FOR PLAINTIFF YOVANNY MADERA: It is hereby stipulated and agreed by and between counsel for the parties, that Plaintiff Yovanny Madera's claims against the Defendants are voluntarily dismissed with prejudice, without costs to any party as against the other. Yovanny Madera (on behalf of themselves, FLSA Collective Plaintiffs and the Class) terminated. (Signed by Judge Robert W. Sweet on 6/29/2018) (tro) |
| ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Robert Salaman for noncompliance with Section 18.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #17 Stipulation of Voluntary Dismissal to: judgments@nysd.uscourts.gov. (km) |
| Filing 18 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - CONSENT MOTION to Amend/Correct Complaint, Add Parties and Amend Caption. Document filed by Carmelo Tortorici. (Attachments: #1 Proposed Amended Complaint, #2 Consent to Sue - Jiminez, #3 Consent to Sue - Mendez)(Salaman, Robert) Modified on 7/9/2018 (ldi). |
| Filing 17 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, With prejudice against the defendant(s) Bus-Tev, LLC, Eric Tevrow and Without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Yovanny Madera.(Salaman, Robert) Modified on 6/29/2018 (km). |
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Filing 16
PRETRIAL ORDER: Counsel are directed to appear in courtroom 18C on July 24, 18 at 12 pm for a pretrial conference for the purpose of resolving outstanding discovery or other issues, and setting a time for trial. (As further set forth in this Order.) (Pretrial Conference set for 7/24/2018 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 5/8/2018) (cf)
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| Minute Entry for proceedings held before Judge Robert W. Sweet: Interim Pretrial Conference held on 5/8/2018. Next pretrial conference schedule on July 24, 2018 at 12:00 p.m. (Tuesday). (Chan, Tsz) |
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Filing 15
AMENDED Scheduling Order: Please be advised that the conference scheduled for 5/1/2018 has been rescheduled to 5/8/2018 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. (Signed by Judge Robert W. Sweet on 5/1/2018) (rro)
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| Minute Entry for proceedings held before Judge Robert W. Sweet: Initial Pretrial Conference held on 2/6/2018. Next pretrial conference set for May 1, 2018 at 12:00 p.m. (Chan, Tsz) |
| Filing 14 ANSWER to #1 Complaint. Document filed by Bus-Tev, LLC, Eric Tevrow.(Yogg, Matthew) |
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Filing 13
PRETRIAL ORDER: If this action has been settled or otherwise terminated,counsel are directed to file or mail a stipulation of discontinuance, voluntary dismissal, or other proof of termination of the action prior to the date of the pretrial conference with Tsz Chan, Courtr6om Clerk to Judge Sweet, Room 18C, U.S.Courthouse, 500 Pearl Street, New York, New York 10007; otherwise Counsel are directed to appear in Courtroom 18C on 2/6/2018 at 12:00 p.m. for a pretrial conference for the purpose of discussing settlement with the Court. So ordered Initial Conference set for 2/6/2018 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. (Signed by Judge Robert W. Sweet on 10/30/2017) (js) Modified on 10/30/2017 (js).
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Filing 12
MEMO ENDORSEMENT on re: #7 Letter filed by Bus-Tev, LLC, Eric Tevrow. ENDORSEMENT: So ordered. (Bus-Tev, LLC answer due 12/11/2017; Eric Tevrow answer due 12/11/2017.) (Signed by Judge Robert W. Sweet on 10/26/2017) (ras)
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| Filing 11 NOTICE OF APPEARANCE by Robert Joseph Costello on behalf of Bus-Tev, LLC, Eric Tevrow. (Costello, Robert) |
| Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bus-Tev, LLC, Eric Tevrow.(Yogg, Matthew) |
| Filing 9 NOTICE OF APPEARANCE by Matthew Robert Yogg on behalf of Bus-Tev, LLC, Eric Tevrow. (Yogg, Matthew) |
| Filing 8 NOTICE OF APPEARANCE by Mark Edward Spund on behalf of Bus-Tev, LLC, Eric Tevrow. (Spund, Mark) |
| Filing 7 LETTER addressed to Judge Robert W. Sweet from Matthew R. Yogg, Esq. dated 10/26/2017 re: Extend deadline to Answer. Document filed by Bus-Tev, LLC, Eric Tevrow.(Spund, Mark) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Bus-Tev, LLC, Eric Tevrow. (sj) |
| Magistrate Judge Katharine H. Parker is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Robert W. Sweet. 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. (sj) |
| Case Designated ECF. (sj) |
| Filing 5 CONSENT TO SUE UNDER THE F.L.S.A. Document filed by Yovanny Madera.(Salaman, Robert) |
| Filing 4 CONSENT TO SUE UNDER THE F.L.S.A. Document filed by Carmelo Tortorici.(Salaman, Robert) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Bus-Tev, LLC d/b/a Early Morning Seafood and Eric Tevrow, re: #1 Complaint. Document filed by Yovanny Madera, Carmelo Tortorici. (Salaman, Robert) |
| Filing 2 CIVIL COVER SHEET filed. (Salaman, Robert) |
| Filing 1 COMPLAINT against Bus-Tev, LLC d/b/a Early Morning Seafood, Eric Tevrow. (Filing Fee $ 400.00, Receipt Number 0208-14193851)Document filed by Yovanny Madera, Carmelo Tortorici.(Salaman, Robert) |
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