Medina Ortiz et al v. 157 Matanza Deli Grocery Inc. et al
| Juan Ernesto Medina Ortiz |
| Luis Melo, 157 Matanza Deli Grocery Inc., Jose Miguel Ortiz and Juan Carlos Ortiz |
| 1:2019cv05405 |
| June 10, 2019 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Plaintiff |
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Filing 25
STIPULATION TO EXTEND TIME TO ANSWER: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned as follows: Defendants agree to (i) consent to the personal jurisdiction of the Court, (ii) waive all defenses to invalid service of process and (iii) accept service on the Complaint and all amendments thereon. This Stipulation may be executed via email or facsimile and in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This stipulation is so-ordered, except Paragraph 1. This case will be automatically referred to the Court's mediation program for FLSA cases. The referral order will stay Defendants' time to answer or otherwise respond to the Complaint until mediation concludes. Regarding the pending order to show cause issued July 25, 2019, because Defendants have appeared, this case will not be dismissed. The Clerk of Court is respectfully directed to terminate the open motion at Dkt. 20. Motions terminated: #20 LETTER MOTION for Extension of Time to File Answer addressed to Judge Valerie E. Caproni from Benjamin Sharav dated July 26, 2019. filed by 157 Matanza Deli Grocery Inc., Jose Miguel Ortiz, Juan Carlos Ortiz, Luis Melo. (Signed by Judge Valerie E. Caproni on 7/29/2019) (rro)
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Filing 24
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 8/8/2019. (Signed by Judge Valerie E. Caproni on 1/16/2019) (rpr)
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| Filing 22 ANSWER to #1 Complaint,. Document filed by 157 Matanza Deli Grocery Inc., Luis Melo, Jose Miguel Ortiz, Juan Carlos Ortiz.(Sharav, Benjamin) |
| Filing 21 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 157 Matanza Deli Grocery Inc..(Sharav, Benjamin) |
| Filing 20 LETTER MOTION for Extension of Time to File Answer addressed to Judge Valerie E. Caproni from Benjamin Sharav dated July 26, 2019. Document filed by 157 Matanza Deli Grocery Inc., Luis Melo, Jose Miguel Ortiz, Juan Carlos Ortiz. (Attachments: #1 Exhibit Stipulation to Extend Time to Answer)(Sharav, Benjamin) |
| Filing 19 NOTICE OF APPEARANCE by Benjamin Sharav on behalf of 157 Matanza Deli Grocery Inc., Luis Melo, Jose Miguel Ortiz, Juan Carlos Ortiz. (Sharav, Benjamin) |
| Filing 18 NOTICE OF APPEARANCE by Victor Jose Molina, Jr on behalf of 157 Matanza Deli Grocery Inc., Luis Melo, Jose Miguel Ortiz, Juan Carlos Ortiz. (Molina, Victor) |
| Filing 17 LETTER addressed to Judge Valerie E. Caproni from Joshua S. Androphy dated July 26, 2019 re: Order to Show Cause Dismissal for Failure to Prosecute. Document filed by Juan Ernesto Medina Ortiz(individually), Juan Ernesto Medina Ortiz(on behalf of others similarly situated). (Attachments: #1 Exhibit A: Stipulation Re: Time to Answer)(Androphy, Joshua) |
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Filing 23
ORDER TO SHOW CAUSE: WHEREAS all Defendants have failed to appear, answer, or otherwise respond to the Complaint by the July 5, 2019 deadline to do so, see Fed. R. Civ. P. 12(a)(1); WHEREAS on July 18, 2019, the Court ordered Plaintiffs to apply for a certificate of default against all Defendants no later than July 24, 2019, see Dkt. 16; and WHEREAS, as of the date of this order, no such application has been filed, IT IS HEREBY ORDERED that no later than July 31, 2019, Plaintiff must show cause why this case should not be dismissed with prejudice for failure to prosecute under Fed. R. Civ. P. 41(b). (Signed by Judge Valerie E. Caproni on 7/25/2019) (mro)
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Filing 16
ORDER: IT IS HEREBY ORDERED that no later than July 24, 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 those Defendants, consistent with the procedures described in Attachment A to the undersigneds Individual Practices in Civil Cases. SO ORDERED., ( Motions due by 7/24/2019.) (Signed by Judge Valerie E. Caproni on 7/18/2019) (ama)
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| Filing 15 NOTICE OF APPEARANCE by Joshua S. Androphy on behalf of Juan Ernesto Medina Ortiz(individually), Juan Ernesto Medina Ortiz(on behalf of others similarly situated). (Androphy, Joshua) |
| Filing 14 AFFIDAVIT OF SERVICE of Summons and Complaint,. Jose Miguel Ortiz served on 6/13/2019, answer due 7/5/2019. Service was accepted by defendant/respondent personally. Document filed by Juan Ernesto Medina Ortiz(individually); Juan Ernesto Medina Ortiz(on behalf of others similarly situated). (Faillace, Michael) |
| Filing 13 AFFIDAVIT OF SERVICE of Summons and Complaint,. Juan Carlos Ortiz served on 6/13/2019, answer due 7/5/2019. Service was accepted by Jose Miguel Ortiz, Co-worker. Document filed by Juan Ernesto Medina Ortiz(individually); Juan Ernesto Medina Ortiz(on behalf of others similarly situated). (Faillace, Michael) |
| Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint,. Luis Melo served on 6/13/2019, answer due 7/5/2019. Service was accepted by Jose Miguel Ortiz, Co-worker. Document filed by Juan Ernesto Medina Ortiz(individually); Juan Ernesto Medina Ortiz(on behalf of others similarly situated). (Faillace, Michael) |
| Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint,. 157 Matanza Deli Grocery Inc. served on 6/12/2019, answer due 7/3/2019. Service was accepted by Sue Zouky, Authorized Agent in the Office of the Secretary of State. Document filed by Juan Ernesto Medina Ortiz(individually); Juan Ernesto Medina Ortiz(on behalf of others similarly situated). (Faillace, Michael) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Luis Melo. (jgo) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Juan Carlos Ortiz. (jgo) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Jose Miguel Ortiz. (jgo) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to 157 Matanza Deli Grocery Inc.. (jgo) |
| 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. (jgo) |
| Magistrate Judge Stewart D. Aaron 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. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Juan Carlos Ortiz, re: #1 Complaint,. Document filed by Juan Ernesto Medina Ortiz(individually), Juan Ernesto Medina Ortiz(on behalf of others similarly situated). (Faillace, Michael) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Jose Miguel Ortiz, re: #1 Complaint,. Document filed by Juan Ernesto Medina Ortiz(individually), Juan Ernesto Medina Ortiz(on behalf of others similarly situated). (Faillace, Michael) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Luis Melo, re: #1 Complaint,. Document filed by Juan Ernesto Medina Ortiz(individually), Juan Ernesto Medina Ortiz(on behalf of others similarly situated). (Faillace, Michael) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to 157 Matanza Deli Grocery Inc., re: #1 Complaint,. Document filed by Juan Ernesto Medina Ortiz(individually), Juan Ernesto Medina Ortiz(on behalf of others similarly situated). (Faillace, Michael) |
| Filing 2 CIVIL COVER SHEET filed. (Faillace, Michael) |
| Filing 1 COMPLAINT against 157 Matanza Deli Grocery Inc., Luis Melo, Jose Miguel Ortiz, Juan Carlos Ortiz. (Filing Fee $ 400.00, Receipt Number ANYSDC-17049064)Document filed by Juan Ernesto Medina Ortiz(individually), Juan Ernesto Medina Ortiz(on behalf of others similarly situated).(Faillace, Michael) |
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