Apolinar-Mateos v. Bowery Hospitality Associates LLC et al
| Raul Apolinar-Mateos and Yenny Gisela Miralda Rodriguez |
| Santos Chris, John Doe Corp., Kavourakis Jonathan, Marc Packer, Guapo Bodega LLC, Stanton Surf Club LLC, Bowery Hospitality Associate LLC, Chris Santos, Territory 99, Inc., Richard Wolf and Jonathan Kavourakis |
| 1:2017cv10242 |
| December 31, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Lorna G Schofield |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| None |
Docket Report
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This docket was last retrieved on May 4, 2018. A more recent docket listing may be available from PACER.
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Filing 36
NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO FED. R. CIV. P. 41(a)(1)(A)(i): Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiffs RAUL APOLINAR-MATEOS and YENNY GISELA MIRALDA RODRIGUEZ, and their counsel hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice, against Defendant BOWERY HOSPITALITY ASSOCIATE LLC. d/b/a Vandal; GUAPO BODEGA LLC d/b/a Beauty & Essex; STANTON SURF CLUB LLC d/b/a Stanton Social; TERRITORY 99, INC. d/b/a Stanton Social; CHRIS SANTOS; JONATHAN KAVOURAKIS, RICHARD WOLF, and MARC PACKER. SO ORDERED. Guapo Bodega LLC, Jonathan Kavourakis, Marc Packer, Chris Santos, Stanton Surf Club LLC, Territory 99, Inc., Richard Wolf, Bowery Hospitality Associate LLC and Santos Chris terminated. (Signed by Judge Lorna G. Schofield on 5/4/2018) (kgo)
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| ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney John Troy Document #35 Notice of Voluntary Dismissal was referred to Judge Lorna G. Schofield for approval. (km) |
| Filing 35 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, Without Prejudice prejudice against the defendant(s) Bowery Hospitality Associate LLC, Santos Chris, Guapo Bodega LLC, Jonathan Kavourakis, Marc Packer, Chris Santos, Stanton Surf Club LLC, Territory 99, Inc., Richard Wolf. Document filed by Yenny Gisela Miralda Rodriguez, Raul Apolinar-Mateos. (Troy, John) Modified on 5/4/2018 (km). |
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Filing 34
ORDER: It is hereby ORDERED that Plaintiffs' counsel shall file a notice of voluntary dismissal by May 1, 2018. (Signed by Judge Lorna G. Schofield on 4/25/2018) (rj)
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Filing 33
ORDER denying #31 Letter Motion to Adjourn Conference. Application DENIED. This request is untimely per the Court's Individual Rules. (Signed by Judge Lorna G. Schofield on 4/17/2018) (kgo)
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| Filing 32 LETTER addressed to Judge Lorna G. Schofield from John Troy dated April 17, 2018 re: case management plan. Document filed by Raul Apolinar-Mateos, Yenny Gisela Miralda Rodriguez. (Attachments: #1 Exhibit Case Management Plan)(Troy, John) |
| Minute Entry for proceedings held before Judge Lorna G. Schofield: Initial Pretrial Conference held on 4/17/2018. (jcs) |
| Filing 31 LETTER MOTION to Adjourn Conference from 10:40 am, April 17, 2018 to 11:30 am, April 17, 2018 addressed to Judge Lorna G. Schofield from John Troy dated April 16, 2018. Document filed by Raul Apolinar-Mateos, Yenny Gisela Miralda Rodriguez.(Troy, John) |
| Filing 30 LETTER addressed to Judge Lorna G. Schofield from Felice B. Ekelman dated April 10, 2018 re: Proposed Case Management Plan. Document filed by Bowery Hospitality Associate LLC, Santos Chris, Guapo Bodega LLC, Jonathan Kavourakis, Marc Packer, Chris Santos, Stanton Surf Club LLC, Territory 99, Inc., Richard Wolf. (Attachments: #1 Text of Proposed Order (Case Management Plan))(Ekelman, Felice) |
| Filing 29 DECLARATION of Adam S. Gross, Esq. in Support re: #27 MOTION to Compel Arbitration and Stay the Action.. Document filed by Bowery Hospitality Associate LLC, Guapo Bodega LLC, Jonathan Kavourakis, Marc Packer, Chris Santos, Stanton Surf Club LLC, Territory 99, Inc., Richard Wolf. (Attachments: #1 Exhibit A - Amended Complaint, #2 Exhibit B - Bowery Hospitality's Arbitration Agreement Executed by Plaintiff Apolinar-Mateos and Opt-In Plaintiff Yenny Gisela Miralda Rodriguez, #3 Exhibit C - Letter Correspondence Dated March 2, 2018, #4 Exhibit D - Defendants' Email Correspondence with Plaintiff's Counsel)(Gross, Adam) |
| Filing 28 MEMORANDUM OF LAW in Support re: #27 MOTION to Compel Arbitration and Stay the Action. . Document filed by Bowery Hospitality Associate LLC, Guapo Bodega LLC, Jonathan Kavourakis, Marc Packer, Chris Santos, Stanton Surf Club LLC, Territory 99, Inc., Richard Wolf. (Gross, Adam) |
| Filing 27 MOTION to Compel Arbitration and Stay the Action. Document filed by Bowery Hospitality Associate LLC, Guapo Bodega LLC, Jonathan Kavourakis, Marc Packer, Chris Santos, Stanton Surf Club LLC, Territory 99, Inc., Richard Wolf.(Gross, Adam) |
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Filing 26
MEMO ENDORSEMENT on re: #25 Letter, filed by Stanton Surf Club LLC, Marc Packer, Territory 99, Inc., Guapo Bodega LLC, Chris Santos, Jonathan Kavourakis, Bowery Hospitality Associate LLC, Richard Wolf, Santos Chris. ENDORSEMENT: Application GRANTED. Defendants' deadline to respond to the Complaint is extended from March 22, 2018, to April 6, 2018. The parties are reminded to file their joint letter and proposed case management plan no later than seven days before the initial pretrial conference, in accordance with the Order dated January 12, 2018. Bowery Hospitality Associate LLC answer due 4/6/2018; Santos Chris answer due 4/6/2018; Guapo Bodega LLC answer due 4/6/2018; Jonathan Kavourakis answer due 4/6/2018; Marc Packer answer due 4/6/2018; Chris Santos answer due 4/6/2018; Stanton Surf Club LLC answer due 4/6/2018; Territory 99, Inc. answer due 4/6/2018; Richard Wolf answer due 4/6/2018. (Signed by Judge Lorna G. Schofield on 3/22/2018) (mro)
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| Filing 25 LETTER addressed to Judge Lorna G. Schofield from Felice B. Ekelman dated March 22, 2018 re: Request for Adjournment of Defendants' Deadline to Respond to Complaint Until April 6, 2018. Document filed by Bowery Hospitality Associate LLC, Santos Chris, Guapo Bodega LLC, Jonathan Kavourakis, Marc Packer, Chris Santos, Stanton Surf Club LLC, Territory 99, Inc., Richard Wolf.(Ekelman, Felice) |
| Filing 24 NOTICE OF APPEARANCE by Adam Simeon Gross on behalf of Bowery Hospitality Associate LLC, Santos Chris, Guapo Bodega LLC, Jonathan Kavourakis, Marc Packer, Chris Santos, Stanton Surf Club LLC, Territory 99, Inc., Richard Wolf. (Gross, Adam) |
| Filing 23 NOTICE OF APPEARANCE by Felice B. Ekelman on behalf of Bowery Hospitality Associate LLC, Santos Chris, Guapo Bodega LLC, Jonathan Kavourakis, Marc Packer, Chris Santos, Stanton Surf Club LLC, Territory 99, Inc., Richard Wolf. (Ekelman, Felice) |
| Filing 22 SUMMONS RETURNED EXECUTED. Marc Packer served on 3/1/2018, answer due 3/22/2018. Service was accepted by Mike "Doe", Manager. Service was made by MAIL. Document filed by Yenny Gisela Miralda Rodriguez; Raul Apolinar-Mateos. (Troy, John) |
| Filing 21 SUMMONS RETURNED EXECUTED. Richard Wolf served on 3/1/2018, answer due 3/22/2018. Service was accepted by Mike "Doe", Manager. Service was made by MAIL. Document filed by Yenny Gisela Miralda Rodriguez; Raul Apolinar-Mateos. (Troy, John) |
| Filing 20 SUMMONS RETURNED EXECUTED. Jonathan Kavourakis served on 3/1/2018, answer due 3/22/2018. Service was accepted by Mike "Doe", Manager. Service was made by MAIL. Document filed by Yenny Gisela Miralda Rodriguez; Raul Apolinar-Mateos. (Troy, John) |
| Filing 19 SUMMONS RETURNED EXECUTED. Chris Santos served on 3/1/2018, answer due 3/22/2018. Service was accepted by Mike "Doe", Manager. Service was made by MAIL. Document filed by Yenny Gisela Miralda Rodriguez; Raul Apolinar-Mateos. (Troy, John) |
| Filing 18 SUMMONS RETURNED EXECUTED. Territory 99, Inc. served on 3/1/2018, answer due 3/22/2018. Service was accepted by Mike "Doe", Manager. Service was made by MAIL. Document filed by Yenny Gisela Miralda Rodriguez; Raul Apolinar-Mateos. (Troy, John) |
| Filing 17 SUMMONS RETURNED EXECUTED. Guapo Bodega LLC served on 3/1/2018, answer due 3/22/2018. Service was accepted by Mike "Doe", Manager. Service was made by MAIL. Document filed by Yenny Gisela Miralda Rodriguez; Raul Apolinar-Mateos. (Troy, John) |
| Filing 16 SUMMONS RETURNED EXECUTED. Stanton Surf Club LLC served on 3/1/2018, answer due 3/22/2018. Service was accepted by Mike "Doe", Manager. Service was made by MAIL. Document filed by Yenny Gisela Miralda Rodriguez; Raul Apolinar-Mateos. (Troy, John) |
| Filing 15 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,,, served. Bowery Hospitality Associate LLC served on 3/1/2018, answer due 3/22/2018. Service was accepted by Mike "Doe", Manager. Service was made by MAIL. Document filed by Yenny Gisela Miralda Rodriguez; Raul Apolinar-Mateos. (Troy, John) |
| Filing 14 ELECTRONIC AMENDED SUMMONS ISSUED as to Bowery Hospitality Associate LLC, Chris Santos, Guapo Bodega LLC, Jonathan Kavourakis, Marc Packer, Stanton Surf Club LLC, Territory 99, Inc., Richard Wolf. (vf) |
| Filing 13 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to BOWERY HOSPITALITY ASSOCIATE LLC. d/b/a Vandal; GUAPO BODEGA LLC d/b/a Beauty & Essex; STANTON SURF CLUB LLC d/b/a Stanton Social; TERRITORY 99, INC. d/b/a Stanton Social; CHRIS SANTOS; JONATHAN KAVOURAKIS, RICHARD WOLF, and MARC PACKER, re: #11 Amended Complaint,,,. Document filed by Raul Apolinar-Mateos, Yenny Gisela Miralda Rodriguez. (Troy, John) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney John Troy to RE-FILE Document No. #12 Request for Issuance of Summons,,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the wrong event type was used to file the request for issuance of summons; These parties were previously issued a summons so they will require an amended summons. Please include the word "Amended" in front of "Summons in a Civil Action". Re-file the document using the event type Request for Issuance of Amended Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) |
| Filing 12 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST - PREVIOUSLY ISSUED TO PARTY - REQUEST FOR ISSUANCE OF SUMMONS as to BOWERY HOSPITALITY ASSOCIATE LLC. d/b/a Vandal; GUAPO BODEGA LLC d/b/a Beauty & Essex; STANTON SURF CLUB LLC d/b/a Stanton Social; TERRITORY 99, INC. d/b/a Stanton Social; CHRIS SANTOS; JONATHAN KAVOURAKIS, RICHARD WOLF, and MARC PACKER, re: #11 Amended Complaint,,,. Document filed by Raul Apolinar-Mateos, Yenny Gisela Miralda Rodriguez. (Troy, John) Modified on 2/20/2018 (pc). |
| Filing 11 AMENDED COMPLAINT amending #1 Complaint,, against Bowery Hospitality Associate LLC, Guapo Bodega LLC, Jonathan Kavourakis, Marc Packer, Chris Santos, Stanton Surf Club LLC, Territory 99, Inc., Richard Wolf.Document filed by Yenny Gisela Miralda Rodriguez, Raul Apolinar-Mateos. Related document: #1 Complaint,,. (Attachments: #1 Exhibit 01 Notice to Enforce Shareholder Liability for Services Rendered, #2 Exhibit 02 Notice to Inspect Share Records, #3 Exhibit 03 Consent to Sue Form, #4 Exhibit 04 Document Preservation Demand, #5 Exhibit 05 Notice of Lien and Assignment, #6 Exhibit 06 Notice that Retaliation is Illegal under the FLSA and NYLL, #7 Exhibit 07 Notice Settlement Under the Table is Prohibited)(Troy, John) |
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Filing 10
ORDER: granting #9 Letter Motion to Adjourn Conference. Application GRANTED. The initial pretrial conference scheduled for February 20, 2018, is adjourned until April 17, 2018, at 10:40 a.m. The parties are reminded to file their joint letter and proposed case management plan no later than seven days before the initial pretrial conference, in accordance with the Order dated January 12, 2018. Initial Conference set for 4/17/2018 at 10:40 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 2/16/2018) (ama)
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| Filing 9 LETTER MOTION to Adjourn Conference Initial Pre-Trial Conference addressed to Judge Lorna G. Schofield from John Troy dated 02/16/2018. Document filed by Raul Apolinar-Mateos, Yenny Gisela Miralda Rodriguez.(Troy, John) |
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Filing 8
ORDER: It is hereby ORDERED that if Plaintiff has been in communication with Defendants, then the parties shall file the joint letter and proposed case management plan as soon as possible and no later than February 16, 2018. If Plaintiff has not been in communication with Defendants, Plaintiff shall file a status letter regarding his efforts to serve Defendants and request an adjournment of the initial pretrial conference, as soon as possible and no later than February 16, 2018. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 2/14/2018) (cf)
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Filing 7
ORDER: Initial Conference set for 2/20/2018 at 11:00 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 1/12/2018) (kgo)
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| Filing 6 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Yenny Gisela Miralda Rodriguez.(Troy, John) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Bowery Hospitality Associate LLC, Santos Chris, Guapo Bodega LLC, Jonathan Kavourakis, Marc Packer, Chris Santos, Stanton Surf Club LLC, Territory 99, Inc., Richard Wolf. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney John Troy. The party information for the following party/parties has been modified: Raul Apolinar-Mateos; Bowery Hospital Associates LLC. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; party name entered incorrectly. (vf) |
| ***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney John Troy. The following party/parties has been removed from this case: John Doe Corp.; Kavourakis Jonathan. The party was added to the case in error. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney John Troy 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 June 2017. 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 June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney John Troy. The following case opening statistical information was erroneously selected/entered: County code Queens; Fee Status code due (due). The following correction(s) have been made to your case entry: the County code has been modified to New York; the Fee Status code has been modified to pd (paid). (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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. (vf) |
| Magistrate Judge Gabriel W. Gorenstein 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. (vf) |
| Case Designated ECF. (vf) |
| Filing 4 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Raul Apolinar-Mateos.(Troy, John) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Bowery Hospitality Associate LLC, Santos Chris, Guapo Bodega LLC, Jonathan Kavourakis, Marc Packer, Chris Santos, Stanton Surf Club LLC, Territory 99, Inc., Richard Wolf, re: #1 Complaint,,. Document filed by Raul Apolinar-Mateos. (Troy, John) Modified on 1/9/2018 (vf). |
| Filing 2 FILING ERROR - DEFICIENT CIVIL COVER SHEET filed. (Troy, John) Modified on 1/9/2018 (vf). |
| Filing 1 COMPLAINT against Bowery Hospitality Associate LLC, Guapo Bodega LLC, Territory 99, Inc., Stanton Surf Club LLC, Chris Santos, Richard Wolf, Marc Packer, Jonathan Kavourakis. (Filing Fee $ 400.00, Receipt Number 0208-14551161)Document filed by Raul Apolinar-Mateos. (Attachments: #1 Exhibit 01 Notice to Enforce Shareholder Liability for Services Rendered, #2 Exhibit 02 Notice to Inspect Share Records, #3 Exhibit 03 Consent to Sue Form, #4 Exhibit 04 Document Preservation Demand, #5 Exhibit 05 Notice of Lien and Assignment, #6 Exhibit 06 Notice that Retaliation is Illegal under the FLSA and NYLL, #7 Exhibit 07 Notice Settlement Under the Table is Prohibited)(Troy, John) Modified on 1/9/2018 (vf). |
| ***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney John Troy 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 1/8/2018. (sj) |
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