Nestor Victor et al v. Sams Deli Grocery Corp. et al
Plaintiff: Pastor Nestor Victor
Defendant: Sameer Ali, Walid Mohamed Seidi, Lou Doe, Sams Deli Grocery Corp. and Sams Deli Grocery Corp. doing business as Sam's Deli
Case Number: 1:2019cv02965
Filed: April 3, 2019
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Valerie E Caproni
Referring Judge: Sarah L Cave
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 201 Fair Labor Standards Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 25, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 21, 2022 Opinion or Order Filing 106 AFFIDAVIT OF SERVICE of Notice of Motion for Default Judgment, all supporting documents regarding the Default Judgment, a copy of the full Docket, and the Order dated April 19, 2022 served on Sam's Deli Grocery Corp. (d/b/a Sam's Deli) and Walid Mohamed Seidi (c/o Sam's Deli) on April 20, 2022. Service was made by Mail. Document filed by Pastor Nestor Victor(individually), Pastor Nestor Victor(on behalf of others similarly situated)..(Sojo, Catalina)
April 19, 2022 Opinion or Order Filing 105 ORDER re: #102 MOTION for Default Judgment as to . filed by Pastor Nestor Victor, Set Deadlines/Hearing as to #102 MOTION for Default Judgment as to . It is hereby ORDERED that Defendants shall submit their response, if any, to Plaintiff's Motion, no later than Wednesday, May 20, 2022. IF DEFENDANTS (1) FAIL TO RESPOND TO PLAINTIFF'S MOTION, OR (2) FAIL TO CONTACT MY CHAMBERS BY MAY 20, 2022 AND REQUEST AN IN-COURT HEARING, I INTEND TO ISSUE A REPORT AND RECOMMENDATION CONCERNING THE MOTION AND DAMAGES BASED ON PLAINTIFF'S WRITTEN SUBMISSIONS ALONE WITHOUT AN IN-COURT HEARING. See Transatlantic Marine Claims Agency, Inc. v. Ace Shipping Corp., 109 F.3d 105, 111 (2d Cir. 1997) ("'[I]t [is] not necessary for the District Court to hold a hearing, as long as it ensured that there was a basis for the damages specified in a default judgment.'" (quoting Fustok v. ContiCommodity Services Inc., 873 F.2d 38, 40 (2d Cir. 1989))). Plaintiff is directed to serve this Order on Defendants and to file proof of service by no later than Friday, April 22, 2022. SO ORDERED.: ( Responses due by 5/20/2022) (Signed by Magistrate Judge Sarah L Cave on 4/19/22) (yv)
April 19, 2022 Opinion or Order Filing 104 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Pastor Nestor Victor(individually), Pastor Nestor Victor(on behalf of others similarly situated)..(Sojo, Catalina) Proposed Default Judgment to be reviewed by Clerk's Office staff.
April 19, 2022 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #104 Proposed Default Judgment, was reviewed and approved as to form. (tp)
April 18, 2022 Opinion or Order Filing 103 DECLARATION of Catalina Sojo in Support re: #102 MOTION for Default Judgment as to .. Document filed by Pastor Nestor Victor(individually), Pastor Nestor Victor(on behalf of others similarly situated). (Attachments: #1 Exhibit A- Complaint, #2 Exhibit B- Affidavits of Service of Complaint, #3 Exhibit C- Certificates of Default, #4 Exhibit D. SIGNED Declaration of Plaintiff Pastor Nestor Victor, #5 Exhibit E- Declaration of Translation, #6 Exhibit F-Damages Chart, #7 Exhibit G- Attorney's Bill).(Sojo, Catalina)
April 18, 2022 Opinion or Order Filing 102 MOTION for Default Judgment as to . Document filed by Pastor Nestor Victor(individually), Pastor Nestor Victor(on behalf of others similarly situated)..(Sojo, Catalina)
April 15, 2022 Opinion or Order Filing 101 CLERK'S CERTIFICATE OF DEFAULT as to SAMS DELI GROCERY CORP. (D/B/ASAM'S DELI). (tp)
April 14, 2022 Opinion or Order Filing 100 CLERK'S CERTIFICATE OF DEFAULT as to WALID MOHAMED SEIDI. (tp)
April 14, 2022 Opinion or Order Filing 99 AFFIRMATION of Catalina Sojo in Support re: #96 Proposed Clerk's Certificate of Default, #97 Proposed Clerk's Certificate of Default,. Document filed by Pastor Nestor Victor(individually), Pastor Nestor Victor(on behalf of others similarly situated)..(Sojo, Catalina)
April 14, 2022 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Catalina Sojo to RE-FILE Document #98 Affidavit in Support. Use the event type Affirmation in Support (non-motion) found under the event list Other Answers. (tp)
April 12, 2022 Opinion or Order Filing 98 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AFFIDAVIT of Catalina Sojo in Support re: #96 Proposed Clerk's Certificate of Default, #97 Proposed Clerk's Certificate of Default,. Document filed by Pastor Nestor Victor(individually), Pastor Nestor Victor(on behalf of others similarly situated)..(Sojo, Catalina) Modified on 4/14/2022 (tp).
April 12, 2022 Opinion or Order Filing 97 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Pastor Nestor Victor(individually), Pastor Nestor Victor(on behalf of others similarly situated)..(Sojo, Catalina) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
April 12, 2022 Opinion or Order Filing 96 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Pastor Nestor Victor(individually), Pastor Nestor Victor(on behalf of others similarly situated)..(Sojo, Catalina) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
April 11, 2022 Opinion or Order Filing 95 ORDER: Accordingly, Plaintiff is hereby ORDERED to request a Certificate of Default as to Defendants from the Clerk of Court by April 18, 2022 and to file a Motion for Default Judgment in accordance with the Court's Individual Practices, Rule 55 of the Federal Rules of Civil Procedure, and S.D.N.Y. Local Rule 55 by no later than May 2, 2022. Motions due by 5/2/2022. (Signed by Magistrate Judge Sarah L Cave on 4/11/2022) (rro)
December 21, 2021 Opinion or Order Filing 94 NOTICE OF APPEARANCE by Bryan David Robinson, Jr on behalf of Pastor Nestor Victor(individually), Pastor Nestor Victor(on behalf of others similarly situated)..(Robinson, Bryan)
November 8, 2021 Opinion or Order Filing 93 MEMO ENDORSEMENT granting #91 Motion to Withdraw as Attorney. ENDORSEMENT: Michael Faillace's Motion to Withdraw as counsel for Plaintiffs (ECF No. 91) is GRANTED. The Clerk of Court is respectfully directed to terminate Michael Faillace as counsel for Plaintiffs and to close ECF No. 91. Attorney Michael Antonio Faillace terminated. (Signed by Magistrate Judge Sarah L Cave on 11/8/2021) (tg)
November 7, 2021 Opinion or Order Filing 92 NOTICE OF APPEARANCE by Catalina Sojo on behalf of Pastor Nestor Victor(individually), Pastor Nestor Victor(on behalf of others similarly situated)..(Sojo, Catalina)
November 7, 2021 Opinion or Order Filing 91 MOTION for Michael A. Faillace to Withdraw as Attorney . Document filed by Pastor Nestor Victor(individually), Pastor Nestor Victor(on behalf of others similarly situated)..(Faillace, Michael)
October 15, 2021 Opinion or Order Filing 90 ORDER: The Court warns Defendants again that the failure to respond to this Court order may lead to entry of a default Judgment. By Friday, November 5, 2021, (i) Mr. Seidi shall file a letter indicating whether he will retain counsel or appear pro se in this action, and (ii) Sam's shall retain new counsel and have that counsel enter an appearance in this action. The Clerk of Court is respectfully directed to mail a copy of this Order on Defendants at the address below. Mail To: Sam's Deli Grocery Corp., 7 East 170th Street, Bronx, New York 10452; Walid Mohamed Seidi, 7 East 170th Street, Bronx, New York 10452. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 10/15/2021) (vfr) Transmission to Docket Assistant Clerk for processing.
October 15, 2021 Opinion or Order Mailed a copy of #90 Order, to Walid Mohamed Seidi and Sams Deli Grocery Corp. at 7 East 170th Street, Bronx, New York 10452. (dsh)
September 10, 2021 Opinion or Order Filing 89 AFFIDAVIT OF SERVICE. Document filed by Walid Mohamed Seidi, Sams Deli Grocery Corp...(Leal, Enrique)
September 8, 2021 Opinion or Order Filing 88 MEMO ENDORSED ORDER granting #87 Motion to Withdraw as Attorney. ENDORSEMENT: Attorney James LaRusso's Motion to Withdraw (ECF No. 87) is GRANTED. The Clerk of Court is respectfully directed to close ECF No. 87 and to terminate Mr. LaRusso as counsel for Plaintiff. SO ORDERED. (Attorney James O'Donoghue Larusso terminated.) (Signed by Magistrate Judge Sarah L Cave on 9/8/21) (yv)
September 7, 2021 Opinion or Order Filing 87 MOTION for James O'Donoghue LaRusso to Withdraw as Attorney . Document filed by Pastor Nestor Victor(individually), Pastor Nestor Victor(on behalf of others similarly situated)..(Larusso, James)
September 3, 2021 Opinion or Order Filing 86 ORDER granting #85 Letter Motion to Substitute Attorney. Attorney Enrique Leal's Motion to Withdraw as counsel for Defendants Sam's Deli Grocery Corp. and Walid Mohamed Seidi (ECF No. 85) is GRANTED. Defendants are reminded that corporate defendants such as Sam's Deli Grocery Corp. cannot proceed pro se. Defendants shall have until Monday, October 4, 2021 to retain new counsel and have that counsel enter an appearance in this case. Failure to respond to this Court Order may lead to entry of a certificate of default and a default judgment. See Fed. R. Civ. P. 55(a). The Clerk of Court is respectfully directed to terminate Mr. Leal as counsel for Defendants Sam's Deli Grocery Corp. and Walid Mohamed Seidi, to close ECF No. 85, and to mail a copy of this Order to Defendants at the address below. Mr. Leal shall also mail a copy of this Order to Defendants and file proof of service by September 10, 2021. Mail To: Sam's Deli Grocery Corp.,7 East 170th Street, Bronx, NY 10452. Walid Mohamed Seidi, 7 East 170th Street, Bronx, New York 10452. SO ORDERED. ( Attorney Enrique Armando Leal terminated.) (Signed by Magistrate Judge Sarah L Cave on 9/3/21) (yv) Transmission to Docket Assistant Clerk for processing.
September 3, 2021 Opinion or Order Mailed a copy of #86 Order on Motion to Substitute Attorney, to Walid Mohamed Seidi at 7 East 170th Street, Bronx, New York 10452 and to Walid Mohamed Seidi, 7 East 170th Street, Bronx, New York 10452. (dsh)
September 2, 2021 Opinion or Order Filing 85 LETTER MOTION to Substitute Attorney. Old Attorney: HAROLD WEISBERG and ENRIQUE LEAL, New Attorney: PRO SE addressed to Magistrate Judge Sarah L. Cave from ENRIQUE A. LEAL dated SEPTEMBER 2, 2021. Document filed by Walid Mohamed Seidi, Sams Deli Grocery Corp...(Leal, Enrique)
August 16, 2021 Opinion or Order Filing 84 MEMO ENDORSEMENT on re: #83 Letter, filed by Pastor Nestor Victor. ENDORSEMENT: Defendants' counsel may file the contemplated motionto withdraw by Thursday, September 2, 2021. ( Motions due by 9/2/2021.) (Signed by Magistrate Judge Sarah L Cave on 8/16/2021) (rro)
August 13, 2021 Opinion or Order Filing 83 JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from James O. LaRusso dated August 13, 2021 re: Status Report. Document filed by Pastor Nestor Victor(individually), Pastor Nestor Victor(on behalf of others similarly situated)..(Faillace, Michael)
August 13, 2021 Opinion or Order Filing 82 NOTICE OF APPEARANCE by James O'Donoghue Larusso on behalf of Pastor Nestor Victor(individually), Pastor Nestor Victor(on behalf of others similarly situated)..(Larusso, James)
August 9, 2021 Opinion or Order Filing 81 ORDER: The parties shall file a joint letter updating the Court regarding the status of this action by no later than Friday, August 13, 2021. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 8/9/2021) (vfr)
May 18, 2021 Opinion or Order Filing 80 MEMO ENDORSED ORDER granting #79 Motion to Withdraw as Attorney. ENDORSEMENT: Kevin S. Johnson's letter-motion to withdraw as counsel for Plaintiff (ECF No. 79) is GRANTED. The Clerk of Court is respectfully directed to close ECF No. 79. SO-ORDERED. ( Attorney Kevin Scott Johnson terminated.) (Signed by Magistrate Judge Sarah L Cave on 5/18/21) (yv) Modified on 5/25/2021 (yv).
May 17, 2021 Opinion or Order Filing 79 FIRST MOTION for KEVIN S. JOHNSON, ESQ. to Withdraw as Attorney for Plaintiff(s). Document filed by Pastor Nestor Victor(individually), Pastor Nestor Victor(on behalf of others similarly situated)..(Faillace, Michael)
November 24, 2020 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 11/24/2020. Attorney Kevin Johnson appeared on behalf of Plaintiff. Attorney Enrique Leal appeared on behalf of Defendants. (ne)
November 23, 2020 Opinion or Order Filing 78 ORDER: granting #77 Letter Motion for Extension of Time. Plaintiff's Letter-Motion (ECF No. 77) requesting an adjournment of the Telephone Conference scheduled for Tuesday, November 24, 2020 at 10:00 am is GRANTED. TheTelephone Conference is ADJOURNED to Tuesday, November 24, 2020 at 2:30 pm on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. The Clerk of Court is respectfully directed to close ECF No. 77. SO ORDERED.(Signed by Magistrate Judge Sarah L Cave on 11/23/2020) (ama)
November 23, 2020 Opinion or Order Set/Reset Hearings: Telephone Conference set for 11/24/2020 at 02:30 PM before Magistrate Judge Sarah L Cave. (ama)
November 20, 2020 Opinion or Order Filing 77 LETTER MOTION for Extension of Time addressed to Magistrate Judge Sarah L. Cave from Kevin S. Johnson, Esq. dated November 20, 2020. Document filed by Pastor Nestor Victor(individually), Pastor Nestor Victor(on behalf of others similarly situated)..(Johnson, Kevin)
November 17, 2020 Opinion or Order Filing 76 TELEPHONE CONFERENCE SCHEDULING ORDER: A Telephone Conference is scheduled for Tuesday, November 24, 2020 at 10:00 am on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. SO ORDERED. ( Telephone Conference set for 11/24/2020 at 10:00 AM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 11/17/20) (yv)
November 13, 2020 Opinion or Order Filing 75 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Walid Mohamed Seidi, Pastor Nestor Victor(individually), Sams Deli Grocery Corp. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Sarah L Cave. (Signed by Judge Valerie E. Caproni on 11/13/2020) (cf)
November 13, 2020 Opinion or Order Minute Entry for proceedings held before Judge Valerie E. Caproni: Telephone Conference held on 11/13/2020. Attorney Kevin Johnson present for the plaintiff. Attorney Enrique Leal present for the defendants. Court Reporter Kristen Carannante. (anc)
November 13, 2020 Opinion or Order Filing 74 PROPOSED STIPULATION AND ORDER. Document filed by Pastor Nestor Victor(individually), Pastor Nestor Victor(on behalf of others similarly situated)..(Johnson, Kevin)
November 12, 2020 Opinion or Order Filing 73 ORDER: granting #72 Letter Motion to Adjourn Conference; denying #72 Letter Motion for Extension of Time. The November 13, 2020 teleconference scheduled for 11:30 a.m. is adjourned until November 13, 2020 at 2:30 p.m. Plaintiff'sapplication for an additional adjournment, nunc pro tunc, of the deadline to file the parties' proposed settlement agreement and joint letter is DENIED, pending the November 13 teleconference. In its November 2, 2020 order granting the parties' first request for an adjournment of the deadline, the Court warned the parties that additional extensions were unlikely to be granted and explicitly instructed the parties to heed the Court's Individual Practices concerning requests for adjournments. The parties have now failed to follow this Court's orders and Individual Practices on multiple occasions and have failed to provide satisfactory reasons justifying those failures. SO ORDERED.( Telephone Conference set for 11/13/2020 at 02:30 PM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 11/12/2020) (ama)
November 11, 2020 Opinion or Order Filing 72 FIRST LETTER MOTION to Adjourn Conference of 11/13/2020 due to scheduling conflict addressed to Judge Valerie E. Caproni from KEVIN S. JOHNSON, ESQ. dated 11/11/2020., SECOND LETTER MOTION for Extension of Time to file settlement approval, nunc pro tunc, addressed to Judge Valerie E. Caproni from KEVIN S. JOHNSON, ESQ. dated 11/11/2020. Document filed by Pastor Nestor Victor(individually), Pastor Nestor Victor(on behalf of others similarly situated)..(Johnson, Kevin)
November 10, 2020 Opinion or Order Filing 71 ORDER: IT IS HEREBY ORDERED that the parties must appear for a teleconference before the Court on November 13, 2020, at 11:30 a.m. The parties may dial-in using (888) 363-4749 // access code: 3121171 // security code: 2965. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/10/2020) ( Telephone Conference set for 11/13/2020 at 11:30 AM before Judge Valerie E. Caproni.) (ks)
November 5, 2020 Opinion or Order NOTICE of Hearing: The Status Conference scheduled for Friday, November 6, 2020 before Judge Valerie Caproni has been cancelled. (anc)
November 2, 2020 Opinion or Order Filing 70 MEMO ENDORSEMENT: on re: #69 Letter filed by Pastor Nestor Victor. ENDORSEMENT: Application GRANTED. The parties must file their joint letter and settlement agreement not later than November 6, 2020. The parties should refer to the Court's October 2, 2020 order for the necessary content of the joint letter. Additional extensions are unlikely to be granted. Should the partiesrequire any additional extensions, counsel must heed the Court's Individual Practices and file the request at least 48 hours before the original deadline. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/02/2020) (ama)
October 30, 2020 Opinion or Order Filing 69 FIRST LETTER addressed to Judge Valerie E. Caproni from Kevin S. Johnson, Esq. dated 10.30.2020 re: ADJOURNMENT OF FAIRNESS MOTION SUBMISSIONS. Document filed by Pastor Nestor Victor(individually), Pastor Nestor Victor(on behalf of others similarly situated)..(Johnson, Kevin)
October 2, 2020 Opinion or Order Filing 68 ORDER: IT IS HEREBY ORDERED THAT the parties may not dismiss this action with prejudice unless the settlement agreement has been approved by either the Court or the Department of Labor (DOL). See Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 206 (2d Cir. 2015). Accordingly, to the extent the parties wish to dismiss this action with prejudice, they must either file a joint letter motion requesting that the Court approve the settlement agreement or, alternatively, provide documentation of the approval by DOL. Any letter motion, along with the settlement agreement, must be filed on the public docket by October 30, 2020. The letter motion must explain why the proposed settlement is fair and reasonable and should discuss, at a minimum, the following factors: and further set forth in this Order. If no consent form, letter or stipulation is filed by October 30, 2020, a conference shall be held on November 6, 2020 at 10:00 a.m. in Courtroom 443 of the Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, New York 10007. SO ORDERED. (Motions due by 10/30/2020., Status Conference set for 11/6/2020 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 10/2/2020) (rro) Modified on 10/6/2020 (rro).
September 30, 2020 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Settlement Conference held on 9/30/2020. Attorney Kevin S. Johnson appeared on behalf of Plaintiff. Attorney Enrique Leal appeared on behalf of Defendants. Plaintiff Pastor Nestor Victor, interpreter Stephanie Vera, and Defendant's representative, David Nasser, also attended the conference. (ne)
September 23, 2020 Opinion or Order Filing 67 ORDER granting #65 Letter Motion for Conference. The parties' joint Letter-Motion (ECF No. 65) is GRANTED. The Settlement Conference scheduled for Wednesday, September 30, 2020, will now be held by telephone. The parties are directed to call the Court's conference line at the scheduled time: 866-390-1828, access code 3809799. All parties who intend to speak during the call must use a landline or phone with equivalent quality. On receipt of this order, each party is directed to ensure that all other parties on the case are aware of the conference date and time. The Clerk of Court is respectfully directed to calendar this conference as a Settlement Conference even though it will be taking place by phone and to close ECF No. 65. (Signed by Magistrate Judge Sarah L Cave on 9/23/2020) (rro)
September 23, 2020 Opinion or Order Filing 66 MEMO ENDORSEMENT on MOTION TO WITHDRAW AS COUNSEL: granting #64 Motion to Withdraw as Attorney. ENDORSEMENT: Attorney Joshua S. Androphy's Letter-Motion (ECF No. 64) is GRANTED. The Clerk of Court is respectfully directed toterminate Attorney Androphy's appearance and close ECF No. 64. SO ORDERED. Attorney Joshua S. Androphy terminated. (Signed by Magistrate Judge Sarah L Cave on 9/23/2020) (ama)
September 22, 2020 Opinion or Order Filing 65 JOINT LETTER MOTION for Conference Request to appear for settlement conference via telephone addressed to Magistrate Judge Sarah L. Cave from Kevin S. Johnson, Esq. dated September 22, 2020. Document filed by Pastor Nestor Victor(individually), Pastor Nestor Victor(on behalf of others similarly situated)..(Johnson, Kevin)
September 22, 2020 Opinion or Order Filing 64 MOTION for Joshua S. Androphy to Withdraw as Attorney . Document filed by Pastor Nestor Victor(individually), Pastor Nestor Victor(on behalf of others similarly situated)..(Androphy, Joshua)
September 1, 2020 Opinion or Order Filing 63 MEMO ENDORSEMENT on re: #62 Letter August 26, 2020 order filed by Walid Mohamed Seidi, Sams Deli Grocery Corp. ENDORSEMENT: The parties' Settlement Conference is adjourned to Wednesday, September 30, 2020, at 10:00 am, with submissions due by Thursday, September 24, 2020. The parties are reminded that this conference is in-person, but if they would prefer to have it held remotely, they must notify the Court by Wednesday, September 23, 2020. (See ECF No. 59). SO-ORDERED., ( Settlement Conference set for 9/30/2020 at 10:00 AM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 9/1/20) (yv)
August 31, 2020 Opinion or Order Filing 62 LETTER addressed to Magistrate Judge Sarah L. Cave from ENRIQUE A. LEAL dated AUGUST 31, 2020 re: AUGUST 26, 2020 ORDER. Document filed by Walid Mohamed Seidi, Sams Deli Grocery Corp...(Leal, Enrique)
August 31, 2020 Opinion or Order Filing 61 NOTICE OF APPEARANCE by Enrique Armando Leal on behalf of Walid Mohamed Seidi, Sams Deli Grocery Corp...(Leal, Enrique)
August 26, 2020 Opinion or Order Filing 60 ORDER: On July 17, 2020, in response to email communications to the Court regarding Defendants' counsel's ability to continue representing Defendants, the Court granted Defendants 30 days to find new counsel and ordered Defendant Walid Mohamed Seidi to file a letter by August 17, 2020 informing the Court whether he retained new counsel or intended to proceed pro se. (ECF No. 59). Mr. Seidi has failed to do so and Attorney Harold H. Weisberg is still listed as Defendants' counsel. The parties are directed to file a joint letter by Monday, August 31, 2020, answering the following: 1. whether Attorney Weisberg is able to and plans to continue representing Defendants; a. if not, when he intends to move to withdraw his representation; b. if not, whether Defendants have attained new counsel; i. if so, when new counsel intends to file a notice of appearance; and 2. whether the parties are prepared to proceed with the Settlement Conference scheduled for September 11, 2020 at 2:00 pm. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 8/26/2020) (ks)
July 17, 2020 Opinion or Order Filing 59 AMENDED SETTLEMENT CONFERENCE SCHEDULING ORDER: The Settlement Conference is adjourned to Friday, September 11, 2020, at 2:00 pm. The parties settlement submissions and Attendance Acknowledgment Forms are due by Tuesday, September 8, 2020. By Monday, August 17, 2020, Defendants are directed to either (1) retain new counsel and file proof of service on the docket or (2) individual defendant Walid Mohamed Seidi should file a letter on the docket confirming whether he plans to proceed with the Settlement Conference pro se. Defendants are notified that the entity defendant, Sams Deli Grocery Corp., d/b/a Sams Deli, cannot proceed without counsel. The Settlement Conference will be in person in Courtroom 18A, 500 Pearl Street, New York, New York. All persons attending the conference must arrive at least 15 minutes beforehand to allow for the time required to pass through the security process. SO ORDERED. ( Settlement Conference set for 9/11/2020 at 02:00 PM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 7/17/20) (yv)
July 15, 2020 Opinion or Order Filing 58 NOTICE OF APPEARANCE by Kevin Scott Johnson on behalf of Pastor Nestor Victor(individually), Pastor Nestor Victor(on behalf of others similarly situated)..(Johnson, Kevin)
June 11, 2020 Opinion or Order Filing 57 AMENDED SETTLEMENT CONFERENCE SCHEDULING ORDER: The Settlement Conference scheduled for Friday, June 12, 2020 at 2:00 pm, is adjourned to Wednesday, July 22, 2020, at 10:00 am, with the parties settlement submissions and Attendance Acknowledgment Forms due by Thursday, July 16, 2020. The parties are directed to call the Court's conference line at the scheduled time: 866-390-1828, access code 3809799. All parties who intend to speak during the call must use a landline or phone with equivalent quality. On receipt of this order, each party is directed to ensure that all other parties on the case are aware of the conference date and time. The Clerk of Court is directed to calendar this conference as a settlement conference even though it will take place by phone. SO ORDERED. ( Settlement Conference set for 7/22/2020 at 10:00 AM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 6/11/20) (yv)
May 27, 2020 Opinion or Order Set/Reset Hearings: Settlement Conference set for 6/12/2020 at 02:00 PM before Magistrate Judge Sarah L Cave. (ne)
May 26, 2020 Opinion or Order Filing 56 AMENDED SETTLEMENT CONFERENCE SCHEDULING ORDER: The Settlement Conference scheduled for Friday, June 12, 2020 at 2:00 pm, will now be held by telephone. The parties are directed to call the Courts conference line at the scheduled time: 866-390-1828, access code 3809799. All parties who intend to speak during the call must use a landline or phone with equivalent quality. On receipt of this order, each party is directed to ensure that all other parties on the case are aware of the conference date and time as further set forth in this order. Telephone Conference set for 6/12/2020 at 02:00 PM before Magistrate Judge Sarah L Cave. (Signed by Magistrate Judge Sarah L Cave on 5/26/2020) (rj)
May 11, 2020 Opinion or Order Filing 55 SETTLEMENT CONFERENCE SCHEDULING ORDER: A settlement conference is scheduled for Friday, June 12, 2020 at 2:00pm in Courtroom 18A, 500 Pearl Street, New York, New York. All persons attending the conference must arrive at least 15 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 Magistrate Judge Cave," which is attached and incorporated by reference in this Order. On receipt of this Order, each counsel is directed to confirm with all other counsel, and any pro se parties, that they have received a copy of this Order. The parties should note that paragraph 4 of the Standing Order requires certain written submissions, which must be received by the Court and opposing counsel no later than midnight four (4) business days before the conference: that is Monday, June 6, 2020. These submissions must be emailed to Chambers at cave_nysdchambers@nysd.uscourts.gov; the submissions should not be submitted via the ECF system. Counsel must ensure that their client(s) and insurer(s), if any, have read the other sides submission before the conference. SO ORDERED. ( Settlement Conference set for 6/12/2020 at 02:00 PM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 5/11/20) (yv) Modified on 5/14/2020 (yv).
May 8, 2020 Opinion or Order Filing 54 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 Sarah L Cave. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/8/2020) (jca)
May 8, 2020 Opinion or Order Filing 53 MEMO ENDORSEMENT on re: #52 Letter, filed by Pastor Nestor Victor. ENDORSEMENT: IT IS HEREBY ORDERED that the conference scheduled for May 15, 2020 is canceled. Discovery is extended to May 26, 2020. If Defendants do not comply with this deadline, the Court will consider sanctions if Defendants cannot show good cause for failing to respond to discovery requests served three months ago. The Court will enter a separate order referring the parties to the magistrate judge for a settlement conference. SO ORDERED. ***Hearings Terminated*** The following hearing(s) was terminated: Pretrial Conference. (Fact Discovery due by 5/26/2020.) (Signed by Judge Valerie E. Caproni on 5/8/2020) (jca)
May 7, 2020 Opinion or Order Filing 52 JOINT LETTER addressed to Judge Valerie E. Caproni from Joshua S. Androphy dated MAY 7, 2020 re: In Advance of May 15, 2020 Pretrial Conference. Document filed by Pastor Nestor Victor(individually), Pastor Nestor Victor(on behalf of others similarly situated)..(Androphy, Joshua)
February 14, 2020 Opinion or Order Filing 51 NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(i): Pursuant to F.R.C.P. 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff Pastor Nestor Victor, by and through his attorneys, Michael Faillace & Associates, P.C., hereby gives notice that in the above-captioned action Defendant Sameer Ali is voluntarily dismissed without prejudice. SO ORDERED. (Sameer Ali terminated.) (Signed by Judge Valerie E. Caproni on 2/14/2020) (rro)
February 14, 2020 Opinion or Order Filing 50 NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(i): Pursuant to F.R.C.P. 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff Pastor Nestor Victor, by and through his attorneys, Michael Faillace & Associates, P.C., hereby gives notice that in the above-captioned action Defendant Lou Doe is voluntarily dismissed without prejudice. SO ORDERED., Lou Doe terminated. (Signed by Judge Valerie E. Caproni on 2/14/2020) (ama)
February 14, 2020 Opinion or Order Filing 49 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 and without costs against the defendant(s) Sameer Ali. Document filed by Pastor Nestor Victor(individually), Pastor Nestor Victor(on behalf of others similarly situated). Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Androphy, Joshua)
February 14, 2020 Opinion or Order ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #48 Notice of Voluntary Dismissal, was reviewed and referred to Judge Valerie E. Caproni for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (tp)
February 14, 2020 Opinion or Order ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #49 Notice of Voluntary Dismissal, was reviewed and referred to Judge Valerie E. Caproni for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (tp)
February 13, 2020 Opinion or Order Filing 48 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 and without costs against the defendant(s) Lou Doe. Document filed by All Plaintiffs. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Androphy, Joshua)
February 13, 2020 Opinion or Order Filing 47 ANSWER to Complaint. Document filed by Sams Deli Grocery Corp...(Weisberg, Harold)
January 31, 2020 Opinion or Order Filing 46 ORDER: WHEREAS the parties appeared before this Court for an initial pretrial conference on January 31, 2020; IT IS HEREBY ORDERED that Plaintiff must voluntarily dismiss Defendants Ali and Doe or move for an order to show cause for entry of default judgment against them no later than February 14, 2020. IT IS FURTHER ORDERED that Defendants Sam's Deli Grocery Corp. and Ali must answer or otherwise respond to the Complaint no later than February 14, 2020. The parties are reminded that the Court is happy to refer them to the Magistrate Judge for a settlement conference upon a joint request. Sameer Ali answer due 2/14/2020; Sams Deli Grocery Corp. answer due 2/14/2020. ( Motions due by 2/14/2020.) (Signed by Judge Valerie Caproni on 1/31/2020) (mro)
January 31, 2020 Opinion or Order Filing 45 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Fact Discovery due by 5/5/2020. This case is not to be tried to a jury. Pretrial Conference set for 5/15/2020 at 10:00 AM in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie Caproni on 1/31/2020) (mro) Modified on 2/3/2020 (mro).
January 31, 2020 Opinion or Order Minute Entry for proceedings held before Judge Valerie E. Caproni: Initial Pretrial Conference held on 1/31/2020. (anc)
January 27, 2020 Opinion or Order Filing 44 PROPOSED CASE MANAGEMENT PLAN. Document filed by Pastor Nestor Victor(individually), Pastor Nestor Victor(on behalf of others similarly situated). (Androphy, Joshua)
January 27, 2020 Opinion or Order Filing 43 INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Document filed by Pastor Nestor Victor(individually), Pastor Nestor Victor(on behalf of others similarly situated).(Androphy, Joshua)
January 13, 2020 Opinion or Order Filing 42 ORDER granting #41 Letter Motion to Adjourn Conference. Application GRANTED. The IPTC scheduled for January 24, 2020, is ADJOURNED to January 31, 2020, at 10:00 a.m. The parties' joint preconference letter and proposed Case Management Plan are due no later than January 23, 2020. Initial Conference set for 1/31/2020 at 10:00 AM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 1/13/2020) (cf)
January 10, 2020 Opinion or Order Filing 41 LETTER MOTION to Adjourn Conference Scheduled for January 24, 2020 addressed to Judge Valerie E. Caproni from Joshua S. Androphy dated January 10, 2020. Document filed by Pastor Nestor Victor(individually), Pastor Nestor Victor(on behalf of others similarly situated).(Androphy, Joshua)
December 11, 2019 Opinion or Order Filing 40 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/24/2020 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 12/11/2019) (kv)
November 13, 2019 Opinion or Order NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Sarah L. Cave. Please note that this is a reassignment of the designation only. (sjo)
October 25, 2019 Opinion or Order MEDIATION CONFERENCE SCHEDULED First Mediation Conference scheduled for 12/4/2019 at 10:00 AM in Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY 10007.(ah)
September 9, 2019 Opinion or Order NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 10/9/2019.(mf)
September 4, 2019 Opinion or Order Filing 38 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 9/16/2019. (Signed by Judge Valerie E. Caproni on 1/16/2019) (mf)
September 4, 2019 Opinion or Order Filing 37 ORDER granting #36 Letter Motion for Extension of Time to Answer re #1 Complaint,. Applications GRANTED. The pending order to show cause, see Dkt. 29, is WITHDRAWN, and the show-cause hearing on September 27, 2019 is CANCELLED. The Court will soon refer this matter to mandatory mediation through the Court's free mediation program. Defendants' deadline to answer/move is stayed until 30 days after the conclusion of all mediation. So Ordered. (Signed by Judge Valerie E. Caproni on 9/3/19) (yv)
September 3, 2019 Opinion or Order Filing 36 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Valerie E. Caproni from Harold H. Weisberg, Esq. dated September 3, 2019. Document filed by Sams Deli Grocery Corp..(Weisberg, Harold)
September 3, 2019 Opinion or Order Filing 35 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Sams Deli Grocery Corp..(Weisberg, Harold)
September 3, 2019 Opinion or Order Filing 34 NOTICE OF APPEARANCE by Harold H. Weisberg on behalf of Sams Deli Grocery Corp.. (Weisberg, Harold)
August 16, 2019 Opinion or Order Filing 33 AFFIDAVIT OF SERVICE of Order to Show Cause, Declaration of Joshua S. Androphy, Esq. in Support of Plaintiff's Motion for Default Judgment, and accompanying exhibits served on Lou Doe on August 15, 2019. Service was accepted by Mohammed A. a person of suitable age at the actual place of business. Document filed by Pastor Nestor Victor(individually), Pastor Nestor Victor(on behalf of others similarly situated). (Faillace, Michael)
August 16, 2019 Opinion or Order Filing 32 AFFIDAVIT OF SERVICE of Order to Show Cause, Declaration of Joshua S. Androphy, Esq. in Support of Plaintiff's Motion for Default Judgment, and accompanying exhibits served on Walid Mohamed Seidi on August 15, 2019. Service was accepted by Mohammed A. a person of suitable age at the actual place of business. Document filed by Pastor Nestor Victor(individually), Pastor Nestor Victor(on behalf of others similarly situated). (Faillace, Michael)
August 16, 2019 Opinion or Order Filing 31 AFFIDAVIT OF SERVICE of Order to Show Cause, Declaration of Joshua S. Androphy, Esq. in Support of Plaintiff's Motion for Default Judgment, and accompanying exhibits served on Sameer Ali on August 15, 2019. Service was accepted by Mohammed A. a person of suitable age at the actual place of business. Document filed by Pastor Nestor Victor(individually), Pastor Nestor Victor(on behalf of others similarly situated). (Faillace, Michael)
August 16, 2019 Opinion or Order Filing 30 AFFIDAVIT OF SERVICE of Order to Show Cause, Declaration of Joshua S. Androphy, Esq. in Support of Plaintiff's Motion for Default Judgment, and accompanying exhibits served on Sam's Deli Grocery Corp. on August 15, 2019. Service was accepted by Mohammed A. a person of suitable age at the actual place of business. Document filed by Pastor Nestor Victor(individually), Pastor Nestor Victor(on behalf of others similarly situated). (Faillace, Michael)
August 1, 2019 Opinion or Order Filing 29 Withdrawn as per Judges Order dated 09/04/2019, Doc. #37 ORDER TO SHOW CAUSE WHY A DEFAULT JUDGMENT SHOULD NOT ISSUE: IT IS HEREBY ORDERED that Defendants Sam's Deli Grocery Corp., d/b/a Sam's Deli; Sameer Ali; Walid Mohamed Seidi; and Lou Doe show cause before this Court, at the United States District Court for the Southern District of New York, Thurgood Marshal United States Courthouse, Room 443, 40 Foley Square, New York, New York 10007, on September 27, 2019, at 10:00 a.m., why this Court should not issue a default judgment in Plaintiff's favor pursuant to Rules 54(c) and 55 of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED that service of a copy of this order and the Accompanying Papers upon Defendants or their counsel by hand delivery and by mail on or before August 14, 2019 (in the same manner as Plaintiff effected service of the Summons and Complaint) shall be deemed good service thereof. No later than August 16, 2019, Plaintiff shall file proof of service of these materials on ECF. IT IS FURTHER ORDERED that Defendants shall serve opposition papers, if any, on Plaintiff's counsel by hand-delivery or electronically by email to Paul Hershan at phershan@faillacelaw.com on or before September 18, 2019, and that any reply papers shall be served by Plaintiff on Defendants or their counsel, consistent with the above paragraph, on or before September 24, 2019. Defendants are advised that failure to respond to the Order to Show Cause may be grounds for the granting of a Default Judgment against them, in which event Defendants will have no trial. SO ORDERED. Show Cause Hearing set for 9/27/2019 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 8/01/2019) (ama) Modified on 9/4/2019 (yv).
August 1, 2019 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER TO SHOW CAUSE. Notice to attorney Joshua Androphy regarding Document No. #27 Proposed Order to Show Cause Without Emergency Relief. The filing is deficient for the following reason(s): A proposed default judgment needs to be filed as a separate entry (filed under proposed orders, proposed default judgment). (km)
July 31, 2019 Opinion or Order Filing 28 DECLARATION of Joshua S. Androphy in Support re: #27 Proposed Order to Show Cause Without Emergency Relief,. Document filed by Pastor Nestor Victor(individually), Pastor Nestor Victor(on behalf of others similarly situated). (Attachments: #1 Exhibit A: Complaint, #2 Exhibit B: Affidavits of Service, #3 Exhibit C: Certificate of Service Sams Deli Grocery Corp, #4 Exhibit D: Certificate of Default Sameer Ali, #5 Exhibit E: Certificate of Service Walid Mohamed Seidi, #6 Exhibit F: Certificate of Service Lou Doe, #7 Exhibit G: Declaration of Plaintiff Pastor Nestor Victor, #8 Exhibit H: Attorney Fee Records, #9 Exhibit I: Damage Calculations, #10 Exhibit J: Proposed Judgment)(Androphy, Joshua)
July 31, 2019 Opinion or Order Filing 27 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Pastor Nestor Victor(individually), Pastor Nestor Victor(on behalf of others similarly situated). (Androphy, Joshua) Proposed Order to be reviewed by Clerk's Office staff.
July 25, 2019 Opinion or Order ***DELETED DOCUMENT. Deleted document number #27 ORDER TO SHOW CAUSE. The document was incorrectly filed in this case. (tro)
July 17, 2019 Opinion or Order Filing 26 CLERK'S CERTIFICATE OF DEFAULT as to Lou Doe. (km)
July 17, 2019 Opinion or Order Filing 25 CLERK'S CERTIFICATE OF DEFAULT as to Walid Mohammed Seidi. (km)
July 17, 2019 Opinion or Order Filing 24 CLERK'S CERTIFICATE OF DEFAULT as to Sameer Ali. (km)
July 17, 2019 Opinion or Order Filing 23 CLERK'S CERTIFICATE OF DEFAULT as to Sams Deli Grocery Corp. (d/b/a Sam's Deli). (km)
July 17, 2019 Opinion or Order Filing 22 AFFIRMATION of Michael Faillace in Support re: #20 Proposed Clerk's Certificate of Default, #18 Proposed Clerk's Certificate of Default, #19 Proposed Clerk's Certificate of Default, #21 Proposed Clerk's Certificate of Default,. Document filed by Pastor Nestor Victor(individually), Pastor Nestor Victor(on behalf of others similarly situated). (Faillace, Michael)
July 17, 2019 Opinion or Order Filing 21 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Pastor Nestor Victor(individually), Pastor Nestor Victor(on behalf of others similarly situated). (Faillace, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
July 17, 2019 Opinion or Order Filing 20 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Pastor Nestor Victor(individually), Pastor Nestor Victor(on behalf of others similarly situated). (Faillace, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
July 17, 2019 Opinion or Order Filing 19 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Pastor Nestor Victor(individually), Pastor Nestor Victor(on behalf of others similarly situated). (Faillace, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
July 17, 2019 Opinion or Order Filing 18 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Pastor Nestor Victor(individually), Pastor Nestor Victor(on behalf of others similarly situated). (Faillace, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
July 12, 2019 Opinion or Order Filing 17 ORDER: IT IS HEREBY ORDERED that no later than July 17, 2019, Plaintiff must apply for a certificate of default against all Defendants. Within fourteen days of receiving such a certificate, Plaintiff must apply for a default judgment against all Defendants, consistent with the procedures described in Attachment A to the undersigned's Individual Practices in Civil Cases. SO ORDERED., ( Motions due by 7/17/2019.) (Signed by Judge Valerie E. Caproni on 7/12/2019) (ama)
July 11, 2019 Opinion or Order Filing 16 AFFIDAVIT OF SERVICE of Summons and Complaint,. Lou Doe served on 6/17/2019, answer due 7/8/2019. Service was accepted by Ali Abdul Seidi-co-worker. Document filed by Pastor Nestor Victor(individually); Pastor Nestor Victor(on behalf of others similarly situated). (Faillace, Michael)
July 11, 2019 Opinion or Order Filing 15 AFFIDAVIT OF SERVICE of Summons and Complaint,. Walid Mohamed Seidi served on 6/17/2019, answer due 7/8/2019. Service was accepted by Ali Abdul Seidi-co-worker. Document filed by Pastor Nestor Victor(individually); Pastor Nestor Victor(on behalf of others similarly situated). (Faillace, Michael)
July 11, 2019 Opinion or Order Filing 14 ORDER: IT IS HEREBY ORDERED that no later than July 17, 2019, Plaintiff must show cause why Defendants Walid Mohamed Seidi and Lou Doe should not be dismissed under Rule 4(m) for failure to serve. IT IS FURTHER ORDERED that no later than July 17, 2019, Plaintiff must apply for a certificate of default against Defendants Sam's Deli Grocery Corp. and Sameer Ali. Within fourteen days of receiving such a certificate, Plaintiff must apply for a default judgment against those Defendants, consistent with the procedures described in Attachment A to the undersigned's Individual Practices in Civil Cases. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/11/2019) (ama)
June 27, 2019 Opinion or Order Filing 13 AFFIDAVIT OF SERVICE of Summons and Complaint,. Sameer Ali served on 6/17/2019, answer due 7/8/2019. Service was accepted by Mr. Ali Abdul Seidi, a co-worker of Defendant, at the actual place of business. Document filed by Pastor Nestor Victor(individually); Pastor Nestor Victor(on behalf of others similarly situated). (Faillace, Michael)
June 27, 2019 Opinion or Order Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint,. Sams Deli Grocery Corp. served on 6/17/2019, answer due 7/8/2019. Service was accepted by Nancy Dougherty Authorized Agent in the Office of the Secretary of State, of the State of New York. Document filed by Pastor Nestor Victor(individually); Pastor Nestor Victor(on behalf of others similarly situated). (Faillace, Michael)
April 23, 2019 Opinion or Order Filing 11 NOTICE OF APPEARANCE by Joshua S. Androphy on behalf of Pastor Nestor Victor(individually), Pastor Nestor Victor(on behalf of others similarly situated). (Androphy, Joshua)
April 4, 2019 Opinion or Order Filing 10 ELECTRONIC SUMMONS ISSUED as to Sameer Ali. (pc)
April 4, 2019 Opinion or Order Filing 9 ELECTRONIC SUMMONS ISSUED as to Walid Mohamed Seidi. (pc)
April 4, 2019 Opinion or Order Filing 8 ELECTRONIC SUMMONS ISSUED as to Lou Doe. (pc)
April 4, 2019 Opinion or Order Filing 7 ELECTRONIC SUMMONS ISSUED as to Sams Deli Grocery Corp.. (pc)
April 4, 2019 Opinion or Order 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. (pc)
April 4, 2019 Opinion or Order Case Designated ECF. (pc)
April 4, 2019 Opinion or Order 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. (pc)
April 3, 2019 Opinion or Order Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Lou Doe, re: #1 Complaint,. Document filed by Pastor Nestor Victor(individually), Pastor Nestor Victor(on behalf of others similarly situated). (Faillace, Michael)
April 3, 2019 Opinion or Order Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Walid Mohamed Seidi, re: #1 Complaint,. Document filed by Pastor Nestor Victor(individually), Pastor Nestor Victor(on behalf of others similarly situated). (Faillace, Michael)
April 3, 2019 Opinion or Order Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Sameer Ali, re: #1 Complaint,. Document filed by Pastor Nestor Victor(individually), Pastor Nestor Victor(on behalf of others similarly situated). (Faillace, Michael)
April 3, 2019 Opinion or Order Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Sams Deli Grocery Corp. (d/b/a Sam's Deli), re: #1 Complaint,. Document filed by Pastor Nestor Victor(individually), Pastor Nestor Victor(on behalf of others similarly situated). (Faillace, Michael)
April 3, 2019 Opinion or Order Filing 2 CIVIL COVER SHEET filed. (Faillace, Michael)
April 3, 2019 Opinion or Order Filing 1 COMPLAINT against Sameer Ali, Lou Doe, Walid Mohamed Seidi, Sams Deli Grocery Corp.. (Filing Fee $ 400.00, Receipt Number ANYSDC-16615394)Document filed by Pastor Nestor Victor(individually), Pastor Nestor Victor(on behalf of others similarly situated).(Faillace, Michael)

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Search for this case: Nestor Victor et al v. Sams Deli Grocery Corp. et al
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Defendant: Sameer Ali
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Defendant: Walid Mohamed Seidi
Represented By: Enrique Armando Leal
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Defendant: Lou Doe
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Defendant: Sams Deli Grocery Corp.
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Defendant: Sams Deli Grocery Corp. doing business as Sam's Deli
Represented By: Enrique Armando Leal
Represented By: Harold H. Weisberg
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Plaintiff: Pastor Nestor Victor
Represented By: Michael Antonio Faillace
Represented By: Joshua S. Androphy
Represented By: Bryan David Robinson, Jr
Represented By: Catalina Sojo
Represented By: James O'Donoghue Larusso
Represented By: Kevin Scott Johnson
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