Cajero Torres et al v. Sushi Sushi Holdings Inc.
Mario Bautista, Ricardo Cajero Torres, Manuel Diaz Cortez and Manuel Diaz Cortes |
Sushi Sushi Holdings Inc., Angie "Doe", Igor Grinberg, Harlem Sushi Inc., Angie Herrera, Sushi Sushi Holdings Inc. doing business as Sushi Sushi and Harlem Sushi Inc. doing business as Sushi Sushi |
1:2019cv02532 |
March 21, 2019 |
US District Court for the Southern District of New York |
Paul A Engelmayer |
Robert W Lehrburger |
Labor: Fair Standards |
28 U.S.C. § 1331 fl |
Defendant |
Docket Report
This docket was last retrieved on August 12, 2022. A more recent docket listing may be available from PACER.
Document Text |
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Filing 77 NOTICE OF PRO SE APPEARANCE by Igor Grinberg. (sc) |
Filing 76 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Igor Grinberg consents to receive electronic service via the ECF system. Document filed by Igor Grinberg.(sc) |
Filing 75 ORDER denying #73 Letter Motion for Leave to File Document; denying #73 Letter Motion for Conference. The Court thanks plaintiffs for this update. The Court will not strike defendants' answer, which was proper when filed and pertains to claims against both the individual and corporate defendants. Plaintiffs may, however, move for a default judgment against the now unrepresented corporate defendants in accord with the procedures set forth in the Court's Individual Rule 3(M). All deadlines for matters not involving the corporate defendants remain in place. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/16/2021) (kv) |
Filing 74 Please note the scheduled Settlement Conference has been rescheduled to take place on 4/12/2021 at 1:30 PM before Magistrate Judge Robert W. Lehrburger. The parties are instructed to review and adhere to Judge Lehrburger's individual Settlement Conference Procedures. The parties are further instructed to submit their pre-conference submissions, along with their Attendance Acknowledgment Form (available in pdf fillable format as attachment to the Settlement Conference Procedures) no later than April 5, 2021, by 5:00 p.m.(rsh) |
Filing 73 LETTER MOTION for Leave to File Motion to strike and motion for default judgment addressed to Judge Paul A. Engelmayer from Plaintiffs dated 2/12/2021., LETTER MOTION for Conference re: pre-motion conference addressed to Judge Paul A. Engelmayer from Plaintiffs dated 2/12/2021. Document filed by Mario Bautista(Individually), Mario Bautista(on behalf all other employees similarly situated,), Ricardo Cajero Torres(on behalf all other employees similarly situated), Ricardo Cajero Torres(Individually ), Manuel Diaz Cortes, Manuel Diaz Cortez..(Zhu, Shan) |
Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Pre-Settlement Telephone Conference held on 2/12/2021 at 12:00 p.m. (rsh) |
Filing 72 AFFIDAVIT OF SERVICE of Court Order served on All Defendants on 2/5/21. Document filed by Igor Grinberg, Harlem Sushi Inc., Angie Herrera, Sushi Sushi Holdings Inc...(Chong, Michael) |
Filing 71 ORDER granting #59 FIRST MOTION for Michael K Chong to Withdraw as Attorney ; granting #63 FIRST MOTION for Vincent L. Gonzalez to Withdraw as Attorney. Substantially for the reasons set forth in the declarations of Chong and Gonzalez, the Court agrees that their withdrawal is warranted, and hereby grants their motions for leave to withdraw. To assure that individual defendants Mr. Grinberg and Ms. Herrera can ably defend themselves pro se, the Court directs Mr. Grinberg and Ms. Herrera to obtain ECF access and file notices of pro se appearance, containing their addresses and contact information. Chong and Gonzalez are directed to serve this order on Mr. Grinberg and Ms. Herrera forthwith, and to file proof of such service on the docket by Monday, February 8, 2021. SO ORDERED. Attorney Michael K. Chong and Vincent L. Gonzalez terminated. Attorney Michael K. Chong and Vincent L. Gonzalez terminated. (Signed by Judge Paul A. Engelmayer on 1/5/2021) (jca) |
Filing 70 Due to a scheduling conflict, the scheduled Pre-Settlement Telephone Conference will take place on 2/12/2021 at 12:00 PM before Magistrate Judge Robert W. Lehrburger. Parties shall call the teleconference number at (888)-398-2342, and enter access code 9543348.(rsh) |
Filing 69 ORDER denying #68 LETTER MOTION for Extension of Time to retain new defense counsel. Denied. The February 4, 2021 deadline for the defendants to retain new counsel remains in place. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/4/2021) (jca) |
Filing 68 LETTER MOTION for Extension of Time to retain new defense counsel addressed to Judge Paul A. Engelmayer from Michael Chong dated 2/3/21. Document filed by Angie "Doe", Igor Grinberg, Harlem Sushi Inc., Angie Herrera, Sushi Sushi Holdings Inc...(Chong, Michael) |
Filing 67 NOTICE of Hearing: Due to a scheduling conflict, the scheduled Pre-Settlement telephone conference will take place on 2/9/2021 at 4:00 PM before Magistrate Judge Robert W. Lehrburger. Parties shall call the teleconference number at (888)-398-2342, and enter access code 9543348.(rsh) |
Filing 66 REPLY MEMORANDUM OF LAW in Opposition re: #59 FIRST MOTION for Michael K Chong to Withdraw as Attorney ., #63 FIRST MOTION for Vincent L. Gonzalez to Withdraw as Attorney . . Document filed by Angie "Doe", Igor Grinberg, Harlem Sushi Inc., Angie Herrera, Sushi Sushi Holdings Inc.. (Attachments: #1 Exhibit Email).(Gonzalez, Vincent) |
Filing 65 MEMORANDUM OF LAW in Opposition re: #59 FIRST MOTION for Michael K Chong to Withdraw as Attorney ., #63 FIRST MOTION for Vincent L. Gonzalez to Withdraw as Attorney . . Document filed by Mario Bautista(Individually), Mario Bautista(on behalf all other employees similarly situated,), Ricardo Cajero Torres(on behalf all other employees similarly situated), Ricardo Cajero Torres(Individually ), Manuel Diaz Cortes, Manuel Diaz Cortez..(Zhu, Shan) |
Filing 64 ORDER. The Court has received the motion of Vincent L. Gonzalez to withdraw as counsel on behalf of defendants. Dkt. 63. For the reasons given in the Court's January 14, 2021 order, see Dkt. 60, the Court will also hold in abeyance, until February 4, 2021i.e., defendants' deadline to retain new counselGonzalez's motion to withdraw. The Court expects to grant that motion after February 4, 2021, and will do so earlier if successor counsel appears on defendants' behalf before then. If Sushi Sushi Holdings, Inc. and Harlem Sushi Inc. remain unrepresented after February 4, 2021, the Court will entertain a motion by plaintiffs for entry of a default judgment as to those defendants, on account of their failure to defend this lawsuit. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/20/2021) (rjm) |
Filing 63 FIRST MOTION for Vincent L. Gonzalez to Withdraw as Attorney . Document filed by Angie "Doe", Igor Grinberg, Harlem Sushi Inc., Angie Herrera, Sushi Sushi Holdings Inc.. (Attachments: #1 Affidavit Certification In Support, #2 Text of Proposed Order Order Granting Withdrawal Motion, #3 Affidavit Certification of Service).(Gonzalez, Vincent) |
Filing 62 AFFIDAVIT of Michael K. Chong, Esq. in Support re: #59 FIRST MOTION for Michael K Chong to Withdraw as Attorney .. Document filed by Angie "Doe", Igor Grinberg, Harlem Sushi Inc., Angie Herrera..(Chong, Michael) |
Filing 61 ORDER: On January 14, 2021, the Court directed attorney Vincent L. Gonzalez, by January 15, 2021, either to move to withdraw or file a letter stating his intention to remain counsel to the defendants. See Dkt. 60 at 1 n.1. The Court has not received any filing by Gonzalez. Accordingly, it is hereby ordered that Gonzalez shall file, by 5:00 p.m. on January 20, 2021, either a motion to withdraw or a letter stating his intention to stay on as counsel to the defendants. (Signed by Judge Paul A. Engelmayer on 1/19/2021) (jwh) |
Filing 60 ORDER with respect to #59 FIRST MOTION for Michael K Chong to Withdraw as Attorney. Defendants Sushi Sushi and Harlem Sushi, as corporations, cannot continue to defend this lawsuit unless they find new counsel The Court, therefore, will give those defendants three weeks, until February 4, 2021, to retain a new attorney and for that attorney to formally appear on their behalf. It will also hold in abeyance, until February 4, 2021, Chong's motion to withdraw. The Court expects to grant that motion after February 4, 2021, and will do so earlier if successor counsel appears on defendants' behalfbefore then. If Sushi Sushi and Harlem Sushi remain unrepresented after February 4, 2021, the Court will entertain a motion by plaintiffs for entry of a default judgment as to those defendants, on account of their failure to defend this lawsuit. Chong is directed to serve a copy of this order on all defendants forthwith. Upon the completion of service, Chong shall file a sworn declaration or affidavit on the docket of this case attesting that service was made and specifying the dates and means of service. (And as further set forth herein.) SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/14/2021) (jca) |
Filing 59 FIRST MOTION for Michael K Chong to Withdraw as Attorney . Document filed by Igor Grinberg, Harlem Sushi Inc., Angie Herrera, Sushi Sushi Holdings Inc.. (Attachments: #1 Affidavit Affidavit In Support, #2 Text of Proposed Order Order Granting Withdrawal Motion, #3 Affidavit Certification of Service).(Gonzalez, Vincent) |
Set/Reset Deadlines: Motions due by 2/24/2021. (ks) |
Filing 58 ORDER granting #56 Letter Motion for Leave to File Document: Granted. (Signed by Judge Paul A. Engelmayer on 1/4/2021) (jwh) |
Filing 57 ORDER granting #55 Letter Motion for Extension of Time to File. Granted. The parties' deadline to file a joint pretrial order and all other pretrial filings required by the Court's Individual Rule 5.A-B, including any motions in limine, is hereby extended from February 5, 2021 to February 24, 2021. The deadline to file any oppositions to motions in limine is hereby extended from February 12, 2021 to March, 3, 2021. SO ORDERED.. (Signed by Judge Paul A. Engelmayer on 1/4/2021) (ks) Modified on 1/21/2021 (ks). |
Set/Reset Deadlines: Pretrial Order due by 2/24/2021. Responses due by 3/3/2021 (ks) |
Filing 56 LETTER MOTION for Leave to File Email correspondence Exhibit A addressed to Judge Paul A. Engelmayer from Plaintiffs dated 12/30/2020. Document filed by Mario Bautista(Individually), Mario Bautista(on behalf all other employees similarly situated,), Ricardo Cajero Torres(on behalf all other employees similarly situated), Ricardo Cajero Torres(Individually ), Manuel Diaz Cortes, Manuel Diaz Cortez. (Attachments: #1 Exhibit Amended Exhibit A).(Zhu, Shan) |
Filing 55 JOINT LETTER MOTION for Extension of Time to File Joint Pre-Trial Order addressed to Judge Paul A. Engelmayer from Vincent L. Gonzalez dated December 30, 2020. Document filed by Igor Grinberg, Harlem Sushi Inc., Angie Herrera, Sushi Sushi Holdings Inc...(Gonzalez, Vincent) |
Filing 54 SCHEDULING ORDER: A pre-settlement conference is hereby scheduled for 9:30 a.m. on February 10, 2021, and a settlement conference is hereby scheduled for 9:30 a.m. on February 17, 2021. Both conferences will be held telephonically. For both, the parties are instructed to call (888) 398-2342 and enter access code 9543348. For the settlement conference, the parties will also need a security code, which will be provided the week before the conference. The parties are instructed to review and adhere to Judge Lehrburger's individual Settlement Conference Procedures. The parties are further instructed to submit their pre-conference submissions, along with their Attendance Acknowledgment Forms (available in.pdf fillable format as attachment to the Settlement Conference Procedures) no later than 5:00 p.m. on February 11, 2021. SO ORDERED. Telephone Conference set for 2/10/2021 at 09:30 AM before Magistrate Judge Robert W. Lehrburger. Telephone Conference set for 2/17/2021 at 09:30 AM before Magistrate Judge Robert W. Lehrburger. (Signed by Magistrate Judge Robert W. Lehrburger on 12/30/2020) Copies transmitted this date to all parties of record. (mml) |
Filing 53 STATUS REPORT. Document filed by Mario Bautista(Individually), Mario Bautista(on behalf all other employees similarly situated,), Ricardo Cajero Torres(on behalf all other employees similarly situated), Ricardo Cajero Torres(Individually ), Manuel Diaz Cortes, Manuel Diaz Cortez. (Attachments: #1 Exhibit A. Email Correspondence, #2 Exhibit B. Email Correspondence, #3 Exhibit C. Email Correspondence, #4 Exhibit D. Email Correspondence).(Hang, Jian) |
***DELETED DOCUMENT. Deleted document number #55 SCHEDULING ORDER. The document was incorrectly filed in this case. (kv) |
Filing 52 JOINT LETTER addressed to Magistrate Judge Robert W. Lehrburger from Vincent L. Gonzalez dated 12/23/2020 re: Scheduling a Settlement Conference. Document filed by Igor Grinberg, Harlem Sushi Inc., Angie Herrera, Sushi Sushi Holdings Inc...(Gonzalez, Vincent) |
Filing 51 AMENDED 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 Robert W. Lehrburger. At today's case management conference, counsel requested a new referral to the magistrate judge, to enable a settlement conference to be held before the joint pretrial order is due on February 5, 2021. Counsel for defendants is directed to confer with counsel for plaintiffs, and to contact the Magistrate Judge's chambers to schedule a settlement conference on a mutually agreeable date at such time that the parties agree a conference would be useful. (Signed by Judge Paul A. Engelmayer on 12/23/2020) (jwh) |
Filing 50 ORDER: As discussed at today's conference, the Court is dismayed by the apparent failure by plaintiffs' counsel to seek any discovery in this case until many months after its deadline to do so, including its failure to obtain any discovery whatsoever regarding one of the plaintiffs: Manuel Diaz Cortes. Accordingly, the Court orders each partner who has appeared in this case-and, if none have, then the lead partner(s) at the firm Hang & Associates, PLLC-to file on the docket of this case, by Wednesday, December 30, 2020, a sworn declaration explaining in detail why the firm's conduct in discovery (i.e., the failure to pursue documentary discovery or depositions) complied with its professional obligations to each of its three clients here. (Signed by Judge Paul A. Engelmayer on 12/23/2020) (jwh) |
Filing 49 ORDER: Today the Court held a Case Management Conference in this action, at which the parties confirmed that this case is to be tried to a jury. Accordingly, as set forth at today's conference, the parties shall file a joint pretrial order and all other pretrial filings required by the Court's Individual Rule 5.AB, including any motions in limine, by February 5, 2021. Any filings in opposition to motions in limine will be due by February 12, 2021, pursuant to the Court's Individual Rule 5.D. Unless otherwise ordered, courtesy copies shall be submitted via email to EngelmayerNYSDChambers@nysd.uscourts.gov, not in hard copy. The Court will then proceed with scheduling the trial in this case, subject to the limitations occasioned by the COVID-19 pandemic. (Motions due by 2/5/2021. Pretrial Order due by 2/5/2021. Responses due by 2/12/2021.) (Signed by Judge Paul A. Engelmayer on 12/23/2020) (jwh) |
Filing 48 NOTICE OF APPEARANCE by Vincent L. Gonzalez on behalf of Igor Grinberg, Harlem Sushi Inc., Angie Herrera, Sushi Sushi Holdings Inc...(Gonzalez, Vincent) |
Filing 47 ORDER: The Court has been advised that discovery in this case has closed and that the parties' efforts to resolve the matter through mediation have not succeeded. Accordingly, the Court hereby schedules a case-management conference on Wednesday, December 23, 2020, at 2:00 p.m. The parties should call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound (#) key, and as further set forth in this order. (Telephone Conference set for 12/23/2020 at 02:00 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 11/20/2020) (jwh) |
MEDIATION CONFERENCE SCHEDULED First Mediation Conference scheduled for 9/30/2020 at 11:00 AM through video conference.(ah) |
Filing 45 ORDER granting #44 Letter Motion for Extension of Time: SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 7/27/2020) (jwh) |
Filing 44 FIRST LETTER MOTION for Extension of Time To Complete Mediation and File Report on Results of Mediation addressed to Magistrate Judge Robert W. Lehrburger from Michael K. Chong dated July 25, 2020. Document filed by Igor Grinberg, Harlem Sushi Inc., Angie Herrera, Sushi Sushi Holdings Inc...(Chong, Michael) |
NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 7/27/2020..(rpr) |
Filing 43 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 good faith. The mediation shall take place within 60 days of the date of this Order and will have no effect upon any scheduling Order issued by this Court without leave of this Court. It is hereby ORDERED that this case is referred to the Court-annexed Mediation Program. The parties are notified that Local Rule 83.9 and the Mediation Program Procedures shall govern the mediation. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. Mediators will be assigned based on the nature of suit. Additional expertise requests should promptly be directed to the Mediation Office. 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 6/22/2020.) Motions terminated: #42 LETTER MOTION for Conference for a referral to mediation addressed to Magistrate Judge Robert W. Lehrburger from Plaintiffs dated 6/11/2020 filed by Mario Bautista, Ricardo Cajero Torres, Manuel Diaz Cortes, Manuel Diaz Cortez. (Signed by Magistrate Judge Robert W. Lehrburger on 6/12/2020) (mml) |
Filing 42 LETTER MOTION for Conference for a referral to mediation addressed to Magistrate Judge Robert W. Lehrburger from Plaintiffs dated 6/11/2020. Document filed by Mario Bautista(Individually), Mario Bautista(on behalf all other employees similarly situated,), Ricardo Cajero Torres(on behalf all other employees similarly situated), Ricardo Cajero Torres(Individually ), Manuel Diaz Cortes, Manuel Diaz Cortez..(Zhu, Shan) |
Filing 41 ORDER denying #40 Letter Motion for Extension of Time to Complete Discovery. Application to reopen discovery is DENIED. Discovery expired in January 2020. Had Plaintiffs sought additional discovery, they should have done so prior to expiration of discovery in January 2020. Making that request now is far beyond the pale. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 5/20/2020) (mml) |
Filing 40 LETTER MOTION for Extension of Time to Complete Discovery without consent addressed to Magistrate Judge Robert W. Lehrburger from Plaintiffs dated 5/19/2020. Document filed by Mario Bautista(Individually), Mario Bautista(on behalf all other employees similarly situated,), Ricardo Cajero Torres(on behalf all other employees similarly situated), Ricardo Cajero Torres(Individually ), Manuel Diaz Cortes, Manuel Diaz Cortez..(Zhu, Shan) |
Filing 39 NOTICE OF APPEARANCE by Shan Zhu on behalf of Mario Bautista(Individually), Mario Bautista(on behalf all other employees similarly situated,), Ricardo Cajero Torres(on behalf all other employees similarly situated), Ricardo Cajero Torres(Individually ), Manuel Diaz Cortes, Manuel Diaz Cortez. (Zhu, Shan) |
Filing 38 ANSWER to #37 Amended Complaint, with JURY DEMAND. Document filed by Igor Grinberg, Harlem Sushi Inc., Angie Herrera, Sushi Sushi Holdings Inc..(Chong, Michael) |
Filing 37 SECOND AMENDED COMPLAINT amending #14 Amended Complaint, against Igor Grinberg, Harlem Sushi Inc., Angie Herrera, Sushi Sushi Holdings Inc..Document filed by Mario Bautista(Individually), Ricardo Cajero Torres(on behalf all other employees similarly situated), Manuel Diaz Cortes, Mario Bautista(on behalf all other employees similarly situated,), Ricardo Cajero Torres(Individually ), Manuel Diaz Cortez. Related document: #14 Amended Complaint,.(Qu, Ge) |
Filing 36 ORDER: Plaintiff's letter motion for leave to amend the complaint to add an additional plaintiff is GRANTED. (See Dkt. 34.) Defendant did not respond to Plaintiff's earlier request for consent; nor did Defendant respond to the letter motion filed with the Court. On October 4, 2019, the Court ordered that if Defendant wished to respond to the letter motion, then Defendant must do so by October 8. 2019, and that if no response was submitted, the Court would grant the motion for leave to amend. Defendant has not filed any response. Accordingly, and for the reasons set forth in the request to amend, the motion for leave to amend is granted. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Lehrburger, Robert) |
Filing 35 ORDER: On September 30, 2019, Plaintiffs filed a letter application for leave to amend their complaint. No response has been filed in the time frame proscribed by this Court's rules. Accordingly, if Defendants wish to respond, they shall do so by Tuesday October 8. In the absence of a response by that date, the Court will decide the application based solely on Plaintiffs' filing. (Signed by Magistrate Judge Robert W. Lehrburger on 10/4/2019) (Lehrburger, Robert) |
Filing 34 FIRST LETTER MOTION for Leave to File Amended Complaint Second Amended Complaint addressed to Magistrate Judge Robert W. Lehrburger from Ge Qu dated 09/30/19. Document filed by Mario Bautista(Individually), Mario Bautista(on behalf all other employees similarly situated,), Ricardo Cajero Torres(on behalf all other employees similarly situated), Ricardo Cajero Torres(Individually ), Manuel Diaz Cortes. (Attachments: #1 Exhibit 1 Proposed SAC, #2 Exhibit 2 Email to Counsel)(Qu, Ge) |
Filing 33 CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Manuel Diaz Cortes.(Qu, Ge) |
Filing 32 ORDER granting #31 Letter Motion for Extension of Time to Complete Discovery. Granted. Discovery end date extended to 1/31/2020. SO ORDERED. Discovery due by 1/31/2020. (Signed by Magistrate Judge Robert W. Lehrburger on 8/7/2019) (mml) |
Filing 31 SECOND LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Robert W. Lehrburger from Michael K. Chong dated 8/6/19. Document filed by Igor Grinberg, Harlem Sushi Inc., Angie Herrera, Sushi Sushi Holdings Inc..(Chong, Michael) |
Filing 30 ORDER denying without prejudice #29 Letter Motion for Extension of Time to Complete Discovery: The parties have not explained why an extension is needed, particularly for the end of discovery, which is several months away. Further, the parties' letter does not set forth the current end date. Accordingly, the request to extend is denied without prejudice to submitting a revised letter request. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Lehrburger, Robert) |
Filing 29 FIRST LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Robert W. Lehrburger from Michael K. Chong dated August 2, 2019. Document filed by Igor Grinberg, Harlem Sushi Inc., Angie Herrera, Sushi Sushi Holdings Inc..(Chong, Michael) |
Filing 28 PROPOSED CASE MANAGEMENT PLAN. Document filed by Igor Grinberg, Harlem Sushi Inc., Angie Herrera, Sushi Sushi Holdings Inc.. (Chong, Michael) |
Filing 27 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: Amended Pleadings due by 9/13/2019. Joinder of Parties due by 9/13/2019. Deposition due by 12/20/2019. Fact Discovery due by 12/20/2019. All parties do not consent to a trial before a Magistrate Judge at this time. The case is to be tried to a jury. The parties anticipate that the trial of this case will require 3-5 days. (Signed by Magistrate Judge Robert W. Lehrburger on 7/8/2019) (mro) |
Filing 26 PROPOSED CASE MANAGEMENT PLAN. Document filed by Igor Grinberg, Harlem Sushi Inc., Angie Herrera, Sushi Sushi Holdings Inc.. (Chong, Michael) |
Minute entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Initial Case Management Conference held on 7/2/2019 at 12:00 p.m. (rsh) |
Filing 25 PROPOSED CASE MANAGEMENT PLAN. Document filed by Igor Grinberg, Harlem Sushi Inc., Angie Herrera, Sushi Sushi Holdings Inc.. (Chong, Michael) |
Filing 24 MEMO ENDORSEMENT on MOTION TO WITHDRAW AS ATTORNEY granting #23 Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. (Attorney Lorena P Duarte terminated.) (Signed by Judge Paul A. Engelmayer on 6/21/2019) (anc) |
Filing 23 MOTION for Lorena P. Duarte to Withdraw as Attorney . Document filed by Mario Bautista(on behalf all other employees similarly situated,), Mario Bautista(Individually), Ricardo Cajero Torres(Individually ), Ricardo Cajero Torres(on behalf all other employees similarly situated).(Hang, Jian) |
Filing 22 SUMMONS RETURNED EXECUTED. Harlem Sushi Inc. served on 6/3/2019, answer due 6/24/2019. Service was accepted by Sue Zouky, Legal Clerk, NY Secretary of State. Document filed by Ricardo Cajero Torres(Individually ); Mario Bautista(on behalf all other employees similarly situated,); Mario Bautista(Individually); Ricardo Cajero Torres(on behalf all other employees similarly situated). (Qu, Ge) |
Filing 21 SUMMONS RETURNED EXECUTED. Angie Herrera served on 6/7/2019, answer due 6/28/2019. Service was accepted by "JOHN SMITH" CO-WORKER. Document filed by Ricardo Cajero Torres(Individually ); Mario Bautista(on behalf all other employees similarly situated,); Mario Bautista(Individually); Ricardo Cajero Torres(on behalf all other employees similarly situated). (Qu, Ge) |
Filing 20 SCHEDULING ORDER: Telephonic Initial Case Management Conference set for 7/2/2019 at 12:00 PM before Magistrate Judge Robert W. Lehrburger. The parties shall call the teleconference line at (888)-398-2342 and enter access code: 9543348. Counsel shall jointly complete and file Judge Lehrburger's [Proposed] Civil Case Management Plan and Scheduling Order, which must be submitted in compliance with Judge Lehrburger's Individual Practices no later than one week before the initial case management conference. If suitable for the case, the parties are encouraged to use Judge Lehrburger's model Joint Electronic Discovery Submission and Proposed Order. These forms are available on the SDNY website at http://nysd.uscourts.gov/judge/Lehrburger. (Signed by Magistrate Judge Robert W. Lehrburger on 6/13/2019) (rsh) |
Filing 19 NOTICE OF APPEARANCE by Ge Qu on behalf of Mario Bautista(on behalf all other employees similarly situated,), Mario Bautista(Individually), Ricardo Cajero Torres(Individually ), Ricardo Cajero Torres(on behalf all other employees similarly situated). (Qu, Ge) |
Filing 18 ANSWER to #14 Amended Complaint, with JURY DEMAND. Document filed by Igor Grinberg, Harlem Sushi Inc., Angie Herrera, Sushi Sushi Holdings Inc..(Chong, Michael) |
Filing 17 ELECTRONIC SUMMONS ISSUED as to Harlem Sushi Inc., Angie Herrera. (pne) |
Filing 16 REQUEST FOR ISSUANCE OF SUMMONS as to Harlem Sushi Inc. d/b/a Sushi Sushi and Angie Herrera, re: #14 Amended Complaint,. Document filed by Mario Bautista(on behalf all other employees similarly situated,), Mario Bautista(Individually), Ricardo Cajero Torres(Individually ), Ricardo Cajero Torres(on behalf all other employees similarly situated). (Duarte, Lorena) |
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Lorena P Duarte to RE-FILE Document No. #15 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; remove the name of Igor Grinberg from the 'To' field on the summons request PDF; if you would like to request a summons for Igor Grinberg, a separate Amended summons will have to be requested using the event type Request for Issuance of Amended Summons and the word 'Amended' must be entered in front of 'Summons in a Civil Action'. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pne) |
Filing 15 FILING ERROR - DEFICIENT SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Harlem Sushi Inc. and Angie Herrera, re: #14 Amended Complaint,. Document filed by Mario Bautista(on behalf all other employees similarly situated,), Mario Bautista(Individually), Ricardo Cajero Torres(Individually ), Ricardo Cajero Torres(on behalf all other employees similarly situated). (Duarte, Lorena) Modified on 5/13/2019 (pne). |
Filing 14 FIRST AMENDED COMPLAINT amending #1 Complaint, against Igor Grinberg, Harlem Sushi Inc., Angie Herrera, Sushi Sushi Holdings Inc..Document filed by Ricardo Cajero Torres(Individually ), Mario Bautista(on behalf all other employees similarly situated,), Mario Bautista(Individually), Ricardo Cajero Torres(on behalf all other employees similarly situated). Related document: #1 Complaint,.(Duarte, Lorena) |
ADD PARTY FOR PLEADING. Defendants/Respondents Igor Grinberg, Sushi Sushi Holdings Inc., Harlem Sushi Inc., Angie Herrera added. Party added pursuant to #1 Complaint,.Document filed by Ricardo Cajero Torres(Individually ), Mario Bautista(on behalf all other employees similarly situated,), Mario Bautista(Individually), Ricardo Cajero Torres(on behalf all other employees similarly situated). Related document: #1 Complaint,.(Duarte, Lorena) |
Filing 13 STIPULATION AND ORDER EXTENDING TIME TO ANSWER: IT IS HEREBY STIPULATED AND AGREED, by and between the Parties in the above captioned action, acting by means of their respective counsel, that the time for Defendants HARLEM SUSHI INC. (improperly pled as SUSHI SUSHI HOLDINGS INC) d/b/a SUSHI SUSHI, IGOR GRINBERG, and ANGIE HERRERA (improperly pled as ANGIE "DOE") to answer, move or otherwise respond with respect to the Complaint in the above matter is hereby extended to 30 days from the date this Stipulation is ordered by the Court. There has been no previous request for an extension of time. Defendants specifically reserve all defenses to the action, except waive as to service of the initial Complaint. SO ORDERED. Motions terminated: #12 LETTER MOTION for Extension of Time to File Answer addressed to Judge Paul A. Engelmayer. filed by Angie "Doe", Igor Grinberg, Sushi Sushi Holdings Inc. (Signed by Magistrate Judge Robert W. Lehrburger on 5/6/2019) (mml) |
Filing 12 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Extension of Time to File Answer addressed to Judge Paul A. Engelmayer. Document filed by Angie "Doe", Igor Grinberg, Sushi Sushi Holdings Inc..(Chong, Michael) Modified on 6/27/2019 (ldi). |
Filing 11 SUMMONS RETURNED EXECUTED. Angie "Doe" served on 4/4/2019, answer due 4/25/2019. Service was accepted by "John Smith"- Co-worker of Angie Doe. Service was made by Mail. Document filed by Ricardo Cajero Torres(Individually ); Mario Bautista(on behalf all other employees similarly situated,); Mario Bautista(Individually); Ricardo Cajero Torres(on behalf all other employees similarly situated). (Duarte, Lorena) |
Filing 10 SUMMONS RETURNED EXECUTED. Igor Grinberg served on 4/4/2019, answer due 4/25/2019. Service was accepted by "John Smith" - Co-worker of Igor Grinberg. Service was made by Mail. Document filed by Ricardo Cajero Torres(Individually ); Mario Bautista(on behalf all other employees similarly situated,); Mario Bautista(Individually); Ricardo Cajero Torres(on behalf all other employees similarly situated). (Duarte, Lorena) |
Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Sushi Sushi Holdings Inc..(Chong, Michael) |
Filing 8 NOTICE OF APPEARANCE by Michael K. Chong on behalf of Angie "Doe", Igor Grinberg, Sushi Sushi Holdings Inc.. (Chong, Michael) |
Filing 7 NOTICE OF APPEARANCE by Jian Hang on behalf of Mario Bautista(on behalf all other employees similarly situated,), Mario Bautista(Individually), Ricardo Cajero Torres(Individually ), Ricardo Cajero Torres(on behalf all other employees similarly situated). (Hang, Jian) |
Filing 6 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Sushi Sushi Holdings Inc. served on 4/8/2019, answer due 4/29/2019. Service was accepted by Nancy Dougerty, Legal Clerk for NY Secretary of State. Document filed by Ricardo Cajero Torres(Individually ); Mario Bautista(on behalf all other employees similarly situated,); Mario Bautista(Individually); Ricardo Cajero Torres(on behalf all other employees similarly situated). (Duarte, Lorena) |
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 Robert W. Lehrburger. (Signed by Judge Paul A. Engelmayer on 3/22/2019) (anc) |
Filing 4 ELECTRONIC SUMMONS ISSUED as to Angie "Doe", Igor Grinberg, Sushi Sushi Holdings Inc.. (pne) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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 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 Designated ECF. (pne) |
Filing 3 CIVIL COVER SHEET filed. (Duarte, Lorena) |
Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Sushi Sushi Holdings Inc. d/b/a Sushi Sushi, Igor Grinberg, Angie "Doe", re: #1 Complaint,. Document filed by Mario Bautista(on behalf all other employees similarly situated,), Mario Bautista(Individually), Ricardo Cajero Torres(Individually ), Ricardo Cajero Torres(on behalf all other employees similarly situated). (Duarte, Lorena) |
Filing 1 COMPLAINT against Sushi Sushi Holdings Inc., Igor Grinberg, Angie "Doe". (Filing Fee $ 400.00, Receipt Number ANYSDC-16539524)Document filed by Ricardo Cajero Torres(Individually ), Mario Bautista(on behalf all other employees similarly situated,), Mario Bautista(Individually), Ricardo Cajero Torres(on behalf all other employees similarly situated).(Duarte, Lorena) |
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