Quizhpi v. 212 Steakhouse, Inc. et al
| Luis Quizhpi |
| Nikolay Volper and 212 Steakhouse, Inc. |
| 1:2018cv11710 |
| December 14, 2018 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Gabriel W Gorenstein |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Both |
Docket Report
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This docket was last retrieved on July 2, 2019. A more recent docket listing may be available from PACER.
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Filing 28
ORDER granting #27 Letter Motion for Extension of Time. Application granted. (HEREBY ORDERED by Magistrate Judge Gabriel W. Gorenstein)(Text Only Order) (GWG)
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| Filing 27 LETTER MOTION for Extension of Time addressed to Magistrate Judge Gabriel W. Gorenstein from Plaintiff's Counsel Abdul K. Hassan, Esq. dated July 1, 2019. Document filed by Luis Quizhpi.(Hassan, Abdul) |
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Filing 26
ORDER OF DISCONTINUANCE: Accordingly, the settlement is approved and this action is dismissed with prejudice and without costs except as may be stated in the settlement agreement. The Court will retain jurisdiction to enforce the settlement agreement. Any pending motions are moot. The Clerk is requested to close the case. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/31/2019) (ama)
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| Filing 25 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Settlement Conference proceeding held on 4/16/2019 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(aea) |
| Filing 24 TRANSCRIPT of Proceedings re: Settlement Conference held on 4/16/2019 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/19/2019. Redacted Transcript Deadline set for 7/1/2019. Release of Transcript Restriction set for 8/27/2019.(aea) |
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Filing 23
ORDER: As the parties were reminded in an email dated April 18, 2019, the proposed settlement for this case cannot be finally approved under Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), until the transcript of the settlement is filed on the docket. It is hereby ORDERED that the parties shall arrange for the filing of the transcript forthwith and shall file a letter with the Court attesting to the completion of this task on or before June 10, 2019. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/21/2019) (ne)
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| Filing 22 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by 212 Steakhouse, Inc., Luis Quizhpi. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Jesse M. Furman on 4/17/2019) (rro) |
| Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Settlement Conference held on 4/16/2019. (rch) |
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Filing 21
ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference in this matter is scheduled for Tuesday, April 16, 2019 at 2:30 p.m. in Courtroom 6-B, 500 Pearl Street, New York, New York. All persons attending the conference must arrive at least fifteen minutes beforehand to allow for the time required to pass through the security process. Counsel must read the Court's "Standing Order Applicable to Settlement Conferences Before Judge Gorenstein," which is attached and is incorporated herein by reference. Upon receipt of this Order, each counsel is directed to confirm with all other counsel that they have received a copy of this Order. The parties should also note that paragraph 3 of the Standing Order requires certain written submissions, which must be received by the Court and opposing counsel no later than midnight four business days before the conference: that is, April 10, 2019. And as set forth herein. SO ORDERED. Settlement Conference set for 4/16/2019 at 02:30 PM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/25/2019) (ama)
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| Filing 20 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Plaintiff's Counsel Abdul K. Hassan, Esq. dated March 22, 2019 re: Settlement Conference. Document filed by Luis Quizhpi.(Hassan, Abdul) |
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Filing 19
ORDER granting #18 Letter Motion to Adjourn Conference. The initial pretrial conference is hereby RESCHEDULED to April 29, 2019 at 3:00 p.m. The parties are reminded to file a joint letter and proposed case management plan by Thursday of the week before the conference. See Docket No. 17. SO ORDERED. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| Filing 18 LETTER MOTION to Adjourn Conference addressed to Judge Jesse M. Furman from Plaintiff's Counsel Abdul K. Hassan, Esq. dated March 21, 2019. Document filed by Luis Quizhpi.(Hassan, Abdul) |
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Filing 17
REVISED SCHEDULING ORDER: IT IS HEREBY ORDERED that the conference in this matter, previously scheduled for March 25, 2019, at 3:00 p.m., is ADJOURNED for March 26, 2019, at 4:15 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. At the conference, counsel should be prepared to address their apparent failure to comply with this Court's orders mandating early mediation before Magistrate Judge Gorenstein. See Docket Nos. 5, 14. Initial Conference set for 3/26/2019 at 04:15 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 3/19/2019) (ne)
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| Filing 16 ANSWER to #1 Complaint with JURY DEMAND. Document filed by 212 Steakhouse, Inc., Nikolay Volper.(Segal, Mitchell) |
| Filing 15 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 212 Steakhouse, Inc., Nikolay Volper.(Segal, Mitchell) |
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Filing 14
ORDER granting #13 Letter Motion for Extension of Time to File Response/Reply. The deadline for Defendants to answer or otherwise respond to the Complaint is hereby EXTENDED, nunc pro tunc, to February 11, 2019. The default judgment scheduling order (Docket No. #10 ) is hereby VACATED and the February 11, 2019 show cause hearing is CANCELLED. The March 25, 2019 initial pretrial conference remains in effect (Docket No. #5 ), as does the Order of Reference to a magistrate judge for settlement purposes. (Docket No. #6 ). SO ORDERED. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| Filing 13 FIRST LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Jesse M. Furman from Mitchell Segal, Esq. dated January 28, 2019. Document filed by 212 Steakhouse, Inc., Nikolay Volper.(Segal, Mitchell) |
| Filing 12 NOTICE OF APPEARANCE by Mitchell S. Segal on behalf of 212 Steakhouse, Inc., Nikolay Volper. (Segal, Mitchell) |
| Filing 11 AFFIDAVIT OF SERVICE of Order Scheduling Default Judgment Briefing and Show Cause Hearing served on Counsel for Defendants, Mitchell Segal, Esq. on 01/16/2019. Service was made by E-mail (receipt was confirmed). Document filed by Luis Quizhpi. (Hassan, Abdul) |
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Filing 10
ORDER SCHEDULING DEFAULT JUDGMENT BRIEFING AND SHOW CAUSE HEARING: In light of the foregoing, it is hereby ORDERED that any motion for default judgment shall be filed no later than January 29, 2019. Defendants shall file any opposition to the motion for default judgment no later than February 5, 2019. If a motion for default judgment is filed, it is further ORDERED that Defendants appear and show cause before this Court, Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York, on February 11, 2019, at 3:30 p.m., why an order should not be issued granting a default judgment against Defendants. (As further set forth in this order) (Show Cause Hearing set for 2/11/2019 at 03:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Motions due by 1/29/2019, Responses due by 2/5/2019) (Signed by Judge Jesse M. Furman on 1/16/2019) (ne)
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| Filing 9 SUMMONS RETURNED EXECUTED. Nikolay Volper served on 12/19/2018, answer due 1/9/2019. Service was accepted by Nadia, hostess. Document filed by Luis Quizhpi. (Hassan, Abdul) |
| Filing 8 AFFIDAVIT OF SERVICE of Order regarding early Mediation and Initial Pretrial Conference + Judges Rules served on 212 Steakhouse, Inc., and Nikolay Volper on 12/27/2018. Service was made by Priority Mail. Document filed by Luis Quizhpi. (Hassan, Abdul) |
| Filing 7 SUMMONS RETURNED EXECUTED. 212 Steakhouse, Inc. served on 12/19/2018, answer due 1/9/2019. Service was accepted by NY Secretary of State. Document filed by Luis Quizhpi. (Hassan, Abdul) |
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Filing 6
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 Gabriel W. Gorenstein. The parties are directed to contact the chambers of Magistrate Judge Gorenstein no later than one week after an answer is filed. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/17/2018) (ne)
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Filing 5
ORDER REGARDING EARLY MEDIATION AND THE INITIAL PRETRIAL CONFERENCE: Initial Conference set for 3/25/2019 at 03:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (As further set forth in this order) (Signed by Judge Jesse M. Furman on 12/17/2018) (ne)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to 212 Steakhouse, Inc., Nikolay Volper. (pne) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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) |
| 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. (pne) |
| Case Designated ECF. (pne) |
| Filing 3 CIVIL COVER SHEET filed. (Hassan, Abdul) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to 212 Steakhouse, Inc., and Nikolay Volper, re: #1 Complaint. Document filed by Luis Quizhpi. (Hassan, Abdul) |
| Filing 1 COMPLAINT against 212 Steakhouse, Inc., Nikolay Volper. (Filing Fee $ 400.00, Receipt Number ANYSDC-16055506)Document filed by Luis Quizhpi.(Hassan, Abdul) |
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