Romero et al v. RSK Construction, Inc. et al
| Samuel Leon, Sergio Avila Lopez, Fernando Olea, Reynaldo Ariza Barrios, Nelson Elias Diaz, Fernando Arellano, Elihu Romero, Francisco Aguilar, Jhon Spencer and Francisco Tenezaca |
| RSK Construction, Inc., Carlos Morales, Mark McCarthy, Real Innovative Construction, LLC and Andy Morales |
| 1:2018cv07424 |
| August 16, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| NewYork |
| Valerie E Caproni |
| Labor: Fair Standards |
| 29 U.S.C. § 216 (b) FLSA: Minimum wage or overtime compensation |
| Plaintiff |
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Filing 18
ENDORSED LETTER addressed to Judge Valerie E. Caproni from Thomas J. Lamadrid dated 10/09/2018 re: Request adjournment of the joint initial conference in the two cases. ENDORSEMENT: Application Granted. No later than November 16, 2018, the parties must submit a single, joint letter of no more than five pages addressing the following in separate paragraphs: (1) a brief description of the case, including factual and legal bases for the claim(s) and defense(s); (2) any contemplated motions; (3) the basis for subject matter jurisdiction; and (4) the prospect for settlement. SO ORDERED., ( Initial Conference set for 11/30/2018 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 10/11/2018) (ama)
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Filing 17
STIPULATION EXTENDING TIME TO ANSWER, MOVE OR OTHERWISE RESPOND: IT IS HEREBY STIPULATED AND AGREED by and the undersigned, that the date for Defendants REAL INNOVATIVE CONSTRUCTION, LLC, ANDY GARCIA, and CARLOS MORALES to answer, move or otherwise respond in the above-captioned matter, is hereby extended up to and including November 5, 2018, and they waive any affirmative jurisdiction defenses as to manner of service of process; IT IS FURTHER STIPULATED AND AGREED by the undersigned that, pending the Court's approval, the Initial Conference scheduled for October 12, 2018, shall be adjourned to some date after November 5, 2018. IT IS FURTHER ORDERED that the conference shall be ADJOURNED to November 9, 2018 at 10:00 A.M., with the parties' joint letter due November 1, 2018. SO ORDERED., Andy Morales answer due 11/5/2018; Carlos Morales answer due 11/5/2018; Real Innovative Construction, LLC answer due 11/5/2018.( Initial Conference set for 11/9/2018 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 10/03/2018) (ama)
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| Filing 16 NOTICE OF APPEARANCE by Jon Louis Norinsberg on behalf of Andy Morales, Carlos Morales, Real Innovative Construction, LLC. (Norinsberg, Jon) |
| Filing 15 PROPOSED STIPULATION AND ORDER. Document filed by Andy Morales, Carlos Morales, Real Innovative Construction, LLC. (Gourarie, Chaya) |
| Filing 14 NOTICE OF APPEARANCE by Chaya Mushke Gourarie on behalf of Andy Morales, Carlos Morales, Real Innovative Construction, LLC. (Gourarie, Chaya) |
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Filing 13
MEMO ENDORSEMENT on re: #11 Letter regarding Status Update as to Service on Defendants and Potential Adjournment of the September 21, 2018 Initial Conference, filed by Elihu Romero, Reynaldo Ariza Barrios, Fernando Olea, Francisco Tenezaca, Samuel Leon, Sergio Avila Lopez, Francisco Aguilar, Fernando Arellano, Jhon Spencer, Nelson Elias Diaz. ENDORSEMENT: Plaintiffs' request is denied as moot, the Court already adjourned the conference from September 21, 2018 to October 12, 2018 at 10:00 A.M. (see Dkt. 7). SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/20/2018) (rj)
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| Filing 12 NOTICE OF APPEARANCE by James Patrick Peter O'Donnell on behalf of Francisco Aguilar(individually), Francisco Aguilar(on behalf of all others similarly situated), Fernando Arellano(on behalf of all others similarly situated), Fernando Arellano(individually), Reynaldo Ariza Barrios(on behalf of all others similarly situated), Reynaldo Ariza Barrios(individually), Nelson Elias Diaz(on behalf of all others similarly situated), Nelson Elias Diaz(individually), Samuel Leon(individually), Samuel Leon(on behalf of all others similarly situated), Sergio Avila Lopez(individually), Sergio Avila Lopez(on behalf of all others similarly situated), Fernando Olea(individually), Fernando Olea(on behalf of all others similarly situated), Elihu Romero(on behalf of all others similarly situated), Elihu Romero(individually), Jhon Spencer(individually), Jhon Spencer(on behalf of all others similarly situated), Francisco Tenezaca(individually), Francisco Tenezaca(on behalf of all others similarly situated). (O'Donnell, James) |
| Filing 11 LETTER addressed to Judge Valerie E. Caproni from Roman Avshalumov dated September 18, 2018 re: Status Update as to Service on Defendants and Potential Adjournment of the September 21, 2018 Initial Conference. Document filed by Francisco Aguilar(individually), Francisco Aguilar(on behalf of all others similarly situated), Fernando Arellano(on behalf of all others similarly situated), Fernando Arellano(individually), Reynaldo Ariza Barrios(on behalf of all others similarly situated), Reynaldo Ariza Barrios(individually), Nelson Elias Diaz(on behalf of all others similarly situated), Nelson Elias Diaz(individually), Samuel Leon(individually), Samuel Leon(on behalf of all others similarly situated), Sergio Avila Lopez(individually), Sergio Avila Lopez(on behalf of all others similarly situated), Fernando Olea(individually), Fernando Olea(on behalf of all others similarly situated), Elihu Romero(on behalf of all others similarly situated), Elihu Romero(individually), Jhon Spencer(individually), Jhon Spencer(on behalf of all others similarly situated), Francisco Tenezaca(individually), Francisco Tenezaca(on behalf of all others similarly situated).(Dalton, Helen) |
| Filing 10 SUMMONS RETURNED EXECUTED. Andy Morales served on 9/13/2018, answer due 10/4/2018. Service was accepted by Sam Michel - Agent/in-law Authorized to Accept. Service was made by MAIL. Document filed by Fernando Olea(individually); Francisco Tenezaca(individually); Elihu Romero(on behalf of all others similarly situated); Sergio Avila Lopez(individually); Elihu Romero(individually); Sergio Avila Lopez(on behalf of all others similarly situated); Jhon Spencer(individually); Reynaldo Ariza Barrios(on behalf of all others similarly situated); Nelson Elias Diaz(on behalf of all others similarly situated); Samuel Leon(individually); Francisco Aguilar(individually); Fernando Olea(on behalf of all others similarly situated); Jhon Spencer(on behalf of all others similarly situated); Fernando Arellano(on behalf of all others similarly situated); Reynaldo Ariza Barrios(individually); Francisco Tenezaca(on behalf of all others similarly situated); Samuel Leon(on behalf of all others similarly situated); Fernando Arellano(individually); Francisco Aguilar(on behalf of all others similarly situated); Nelson Elias Diaz(individually). (Dalton, Helen) |
| Filing 9 SUMMONS RETURNED EXECUTED. Carlos Morales served on 9/13/2018, answer due 10/4/2018. Service was accepted by Sam Michel - Agent/in-law Authorized to Accept. Service was made by MAIL. Document filed by Fernando Olea(individually); Francisco Tenezaca(individually); Elihu Romero(on behalf of all others similarly situated); Sergio Avila Lopez(individually); Elihu Romero(individually); Sergio Avila Lopez(on behalf of all others similarly situated); Jhon Spencer(individually); Reynaldo Ariza Barrios(on behalf of all others similarly situated); Nelson Elias Diaz(on behalf of all others similarly situated); Samuel Leon(individually); Francisco Aguilar(individually); Fernando Olea(on behalf of all others similarly situated); Jhon Spencer(on behalf of all others similarly situated); Fernando Arellano(on behalf of all others similarly situated); Reynaldo Ariza Barrios(individually); Francisco Tenezaca(on behalf of all others similarly situated); Samuel Leon(on behalf of all others similarly situated); Fernando Arellano(individually); Francisco Aguilar(on behalf of all others similarly situated); Nelson Elias Diaz(individually). (Dalton, Helen) |
| Filing 8 SUMMONS RETURNED EXECUTED. Real Innovative Construction, LLC served on 9/13/2018, answer due 10/4/2018. Service was accepted by Sam Michel - Authorized Agent to Accept. Service was made by MAIL. Document filed by Fernando Olea(individually); Francisco Tenezaca(individually); Elihu Romero(on behalf of all others similarly situated); Sergio Avila Lopez(individually); Elihu Romero(individually); Sergio Avila Lopez(on behalf of all others similarly situated); Jhon Spencer(individually); Reynaldo Ariza Barrios(on behalf of all others similarly situated); Nelson Elias Diaz(on behalf of all others similarly situated); Samuel Leon(individually); Francisco Aguilar(individually); Fernando Olea(on behalf of all others similarly situated); Jhon Spencer(on behalf of all others similarly situated); Fernando Arellano(on behalf of all others similarly situated); Reynaldo Ariza Barrios(individually); Francisco Tenezaca(on behalf of all others similarly situated); Samuel Leon(on behalf of all others similarly situated); Fernando Arellano(individually); Francisco Aguilar(on behalf of all others similarly situated); Nelson Elias Diaz(individually). (Dalton, Helen) |
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Filing 7
ORDER: WHEREAS the parties were scheduled to appear for an initial conference on September 21, 2018 [Dkt. 6]; and WHEREAS the Court has accepted a second case, Orellana v. Real Innovative Construction, 18-CV-8396, as related to this matter; IT IS HEREBY ORDERED that the initial pretrial conference is ADJOURNED to October 12, 2018, and shall be held jointly with the initial conference in the related case. SO ORDERED. ( Initial Conference set for 10/12/2018 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 9/18/2018) (jca)
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| Filing 6 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 9/21/2018 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 8/27/2018) (rro) |
| Filing 5 CIVIL COVER SHEET filed. (Dalton, Helen) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Mark McCarthy, Andy Morales, Carlos Morales, RSK Construction, Inc., Real Innovative Construction, LLC. (pne) |
| Magistrate Judge Robert W. Lehrburger 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. (pne) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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. (pne) |
| Case Designated ECF. (pne) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Helen F. Dalton. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction has been made to your case entry: the County code has been modified to Bronx. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Helen F. Dalton to RE-FILE Document No. #3 Civil Cover Sheet. The filing is deficient for the following reasons: plaintiff name error; if all party names do not fit in the space provided, use 'et al' following the name of the first plaintiff listed on the pleading. 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.. (pne) |
| Filing 3 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Dalton, Helen) Modified on 8/17/2018 (pne). |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to RSK Construction, Inc.; Real Innovative Construction, LLC; Mark McCarthy; Andy Morales; Carlos Morales, re: #1 Complaint,,,,. Document filed by Francisco Aguilar(individually), Francisco Aguilar(on behalf of all others similarly situated), Fernando Arellano(on behalf of all others similarly situated), Fernando Arellano(individually), Reynaldo Ariza Barrios(on behalf of all others similarly situated), Reynaldo Ariza Barrios(individually), Nelson Elias Diaz(on behalf of all others similarly situated), Nelson Elias Diaz(individually), Samuel Leon(individually), Samuel Leon(on behalf of all others similarly situated), Sergio Avila Lopez(individually), Sergio Avila Lopez(on behalf of all others similarly situated), Fernando Olea(individually), Fernando Olea(on behalf of all others similarly situated), Elihu Romero(on behalf of all others similarly situated), Elihu Romero(individually), Jhon Spencer(individually), Jhon Spencer(on behalf of all others similarly situated), Francisco Tenezaca(individually), Francisco Tenezaca(on behalf of all others similarly situated). (Dalton, Helen) |
| Filing 1 COMPLAINT against Mark McCarthy, Andy Morales, Carlos Morales, RSK Construction, Inc., Real Innovative Construction, LLC. (Filing Fee $ 400.00, Receipt Number 0208-15458193)Document filed by Fernando Olea(individually), Francisco Tenezaca(individually), Elihu Romero(on behalf of all others similarly situated), Sergio Avila Lopez(individually), Elihu Romero(individually), Sergio Avila Lopez(on behalf of all others similarly situated), Jhon Spencer(individually), Reynaldo Ariza Barrios(on behalf of all others similarly situated), Nelson Elias Diaz(on behalf of all others similarly situated), Samuel Leon(individually), Francisco Aguilar(individually), Fernando Olea(on behalf of all others similarly situated), Jhon Spencer(on behalf of all others similarly situated), Fernando Arellano(on behalf of all others similarly situated), Reynaldo Ariza Barrios(individually), Francisco Tenezaca(on behalf of all others similarly situated), Samuel Leon(on behalf of all others similarly situated), Fernando Arellano(individually), Francisco Aguilar(on behalf of all others similarly situated), Nelson Elias Diaz(individually).(Dalton, Helen) |
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