Hernandez v. Medi Winebar, LLC et al
Plaintiff: Marcial Amaro Hernandez
Defendant: Andrea Giacomoni, Medi Winebar, LLC, Dorian Gashi and 9th Ave Blue LLC
Case Number: 1:2019cv01295
Filed: February 11, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Paul G Gardephe
Referring Judge: Henry B Pitman
Nature of Suit: Labor: Fair Standards
Cause of Action: 29:201
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 12, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 10, 2019 MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 4/24/19, 9:30 AM at Mediator's Office.(ah)
April 8, 2019 Opinion or Order Filing 19 ORDER denying #17 LETTER MOTION to Adjourn Conference (Mediation) addressed to Judge Paul G. Gardephe from Louis M. Leon, Esq. dated April 5, 2019. Document filed by Marcial Amaro Hernandez. Plaintiff's application to remove this matter from the Court's mediation program is denied. Even if the mediation is not successful, it will serve to enhance each party's understanding of the other's position. So ordered. (Signed by Magistrate Judge Henry B. Pitman on 4/8/2019) Copies transmitted to: All Counsel. (rjm)
April 5, 2019 Filing 18 LETTER RESPONSE in Opposition to Motion addressed to Judge Paul G. Gardephe from George D. Vallas dated April 5, 2019 re: #17 LETTER MOTION to Adjourn Conference (Mediation) addressed to Judge Paul G. Gardephe from Louis M. Leon, Esq. dated April 5, 2019. . Document filed by 9th Ave Blue LLC, Dorian Gashi, Andrea Giacomoni, Medi Winebar, LLC. (Vallas, George)
April 5, 2019 Filing 17 LETTER MOTION to Adjourn Conference (Mediation) addressed to Judge Paul G. Gardephe from Louis M. Leon, Esq. dated April 5, 2019. Document filed by Marcial Amaro Hernandez.(Leon, Louis)
March 27, 2019 Set/Reset Hearings: Initial Pretrial Conference set for 5/6/2019 at 02:00 PM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Henry B. Pitman. (ajc)
March 20, 2019 Filing 16 ANSWER to #1 Complaint. Document filed by 9th Ave Blue LLC, Dorian Gashi, Andrea Giacomoni, Medi Winebar, LLC.(Vallas, George)
March 20, 2019 Filing 15 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 9th Ave Blue LLC, Medi Winebar, LLC.(Vallas, George)
March 19, 2019 NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 4/18/2019.(mf)
March 8, 2019 Opinion or Order Filing 14 MEDIATION REFERRAL ORDER FOR CASES FILED UNDER THE FAIR LABOR STANDARDS ACT 29 U.S.C. Sec. 201 et seq. This case, involving claims under the Fair Labor Standards Act (FLSA), 29 U.S.C. Sec. 201 et seq., has been assigned to this Court for all purposes. In the Courts experience, cases involving FLSA claims often benefit from early mediation. To that end, prior to a Rule 16(b) case management conference the Court is referring this case to the Mediation Office for settlement purposes under Local Civil Rule 83.9. To facilitate mediation the parties shall, within four weeks of this Order, confer and provide the items set forth in this Order. Mediator to be Assigned by 3/18/2019. (Signed by Judge Paul G. Gardephe on 1/16/2019) (mf)
March 7, 2019 Opinion or Order Filing 13 STIPULATION: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys that the time for Defendants Medi Winebar, LLC, 9th Ave Blue LLC, Dorian Gash and Andrewa Giacomoni to answer the Summons and Complaint in the above-captioned action shall be extended to March 20, 2019. IT IS FURTHER STIPULATED AND AGREED that no statute of limitations on any claim arising under the FLSA of any prospective opt-in plaintiff, as defined in Paragraph 15 of the Complaint in this action, shall run and the same shall be tolled from the date hereof through March 20, 2019. IT IS FURTHER STIPULATED AND AGREED that this Stipulation can be executed in counterparts via email and/or facsimile, and that facsimile and/or PDF file signature copies of the signatures of this Stipulation shall be treated as originals. SO ORDERED. 9th Ave Blue LLC answer due 3/20/2019; Dorian Gashi answer due 3/20/2019; Andrea Giacomoni answer due 3/20/2019; Medi Winebar, LLC answer due 3/20/2019. (Signed by Magistrate Judge Henry B. Pitman on 3/7/2019) (ne)
March 6, 2019 Filing 12 PROPOSED STIPULATION AND ORDER. Document filed by 9th Ave Blue LLC, Dorian Gashi, Andrea Giacomoni, Medi Winebar, LLC. (Vallas, George)
March 6, 2019 Filing 11 NOTICE OF APPEARANCE by George Dean Vallas on behalf of 9th Ave Blue LLC, Dorian Gashi, Andrea Giacomoni, Medi Winebar, LLC. (Vallas, George)
March 6, 2019 Filing 10 NOTICE OF APPEARANCE by Andrew Scott Goodstadt on behalf of 9th Ave Blue LLC, Dorian Gashi, Andrea Giacomoni, Medi Winebar, LLC. (Goodstadt, Andrew)
February 19, 2019 Filing 9 SUMMONS RETURNED EXECUTED. Andrea Giacomoni served on 2/14/2019, answer due 3/7/2019. Service was accepted by Sylvia Smith Co-Worker. Document filed by Marcial Amaro Hernandez. (Leon, Louis)
February 19, 2019 Filing 8 SUMMONS RETURNED EXECUTED. Dorian Gashi served on 2/14/2019, answer due 3/7/2019. Service was accepted by Sylvia Smith Co-Worker. Document filed by Marcial Amaro Hernandez. (Leon, Louis)
February 18, 2019 Filing 7 SUMMONS RETURNED EXECUTED. 9th Ave Blue LLC served on 2/13/2019, answer due 3/6/2019. Service was accepted by Nancy Dougherty Authorized Agent Secretary of State. Document filed by Marcial Amaro Hernandez. (Leon, Louis)
February 18, 2019 Filing 6 SUMMONS RETURNED EXECUTED. Medi Winebar, LLC served on 2/13/2019, answer due 3/6/2019. Service was accepted by Nancy Dougherty Authorized Agent Secretary of State. Document filed by Marcial Amaro Hernandez. (Leon, Louis)
February 14, 2019 Opinion or Order Filing 5 ORDER REFERRING CASE TO 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). Referred to Magistrate Judge Henry B. Pitman. (Signed by Judge Paul G. Gardephe on 2/13/2019) (rro)
February 12, 2019 Filing 4 ELECTRONIC SUMMONS ISSUED as to 9th Ave Blue LLC, Dorian Gashi, Andrea Giacomoni, Medi Winebar, LLC. (pne)
February 12, 2019 Case Designated ECF. (pne)
February 12, 2019 Magistrate Judge Henry B. Pitman 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)
February 12, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. 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)
February 11, 2019 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Medi Winebar, LLC, 9th Ave Blue LLC d/b/a Blue Seafood Bar & Eatery, Dorian Gashi and Andrea Giacomoni, re: #1 Complaint. Document filed by Marcial Amaro Hernandez. (Leon, Louis)
February 11, 2019 Filing 2 CIVIL COVER SHEET filed. (Leon, Louis)
February 11, 2019 Filing 1 COMPLAINT against 9th Ave Blue LLC, Dorian Gashi, Andrea Giacomoni, Medi Winebar, LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-16330577)Document filed by Marcial Amaro Hernandez.(Leon, Louis)

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Plaintiff: Marcial Amaro Hernandez
Represented By: Louis Moshe Leon
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Defendant: Andrea Giacomoni
Represented By: Andrew Scott Goodstadt
Represented By: George Dean Vallas
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Defendant: Medi Winebar, LLC
Represented By: Andrew Scott Goodstadt
Represented By: George Dean Vallas
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Defendant: Dorian Gashi
Represented By: Andrew Scott Goodstadt
Represented By: George Dean Vallas
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Defendant: 9th Ave Blue LLC
Represented By: Andrew Scott Goodstadt
Represented By: George Dean Vallas
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