Rios v. Gastro Bar & Restaurant Corp. et al.
| Miguel Rios and Azmul Chowdhury |
| TRYP HOTELS WORLDWIDE, INC., John Sharma, GASTRO BAR & RESTAURANT CORP and Gastro Bar & Restaurant Corp. |
| 1:2019cv07146 |
| July 31, 2019 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Kevin Nathaniel Fox |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| None |
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Filing 23
ORDER: IT IS HEREBY ORDERED that the initial pretrial conference previously scheduled in the above-captionedaction on for October 8, 2019, shall be held on October 10, 2019, at 10:00 a.m., in courtroom 228, 40 Centre Street, New York, New York. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 9/11/2019) ( Initial Conference set for 10/10/2019 at 10:00 AM in Courtroom 228, 40 Centre Street, New York, NY 10007 before Magistrate Judge Kevin Nathaniel Fox.) (ks)
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Filing 22
ORDER: Initial Conference set for 10/8/2019 at 10:00 AM in Courtroom 228, 40 Centre Street, New York, NY 10007 before Magistrate Judge Kevin Nathaniel Fox. (Signed by Magistrate Judge Kevin Nathaniel Fox on 9/6/2019) (ks)
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Filing 21
ORDER granting #17 Letter Motion of defendant TRYP Hotels Worldwide, Inc. for Extension of Time, to October 8, 2019, to Answer. (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel)
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| Filing 20 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Wyndham Hotel Group, LLC, Corporate Parent Wyndham Hotels & Resorts, Inc. for Tryp Hotels Worldwide, Inc.. Document filed by Gastro Bar & Restaurant Corp., John Sharma, Tryp Hotels Worldwide, Inc..(Graff, Austin) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Austin Reis Graff to RE-FILE Document #19 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Not All Corporate Parents/Other affiliates were added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). (ldi) |
| Filing 19 FILING ERROR - NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Wyndham Hotel Group, LLC for Tryp Hotels Worldwide, Inc.. Document filed by Gastro Bar & Restaurant Corp., John Sharma, Tryp Hotels Worldwide, Inc..(Graff, Austin) Modified on 8/30/2019 (ldi). |
| Filing 18 SUMMONS RETURNED EXECUTED. Service was accepted by Amy Lesch, legal clerk. Document filed by Miguel Rios, Azmul Chowdhury. (Rumack, Darren) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Austin Reis Graff to RE-FILE Document #16 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Not All Corporate Parents/Other affiliates were added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). (ldi) |
| Filing 17 LETTER MOTION for Extension of Time to File Answer addressed to Judge Paul A. Engelmayer from Austin R. Graff dated 8/22/19. Document filed by Gastro Bar & Restaurant Corp., John Sharma, Tryp Hotels Worldwide, Inc..(Graff, Austin) |
| Filing 16 FILING ERROR - NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Wyndham Hotel Group, LLC for Tryp Hotels Worldwide, Inc.. Document filed by Gastro Bar & Restaurant Corp., John Sharma, Tryp Hotels Worldwide, Inc..(Graff, Austin) Modified on 8/23/2019 (ldi). |
| Filing 15 NOTICE OF APPEARANCE by Austin Reis Graff on behalf of Gastro Bar & Restaurant Corp., John Sharma, Tryp Hotels Worldwide, Inc.. (Graff, Austin) |
| Filing 14 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Azmul Chowdhury.(Rumack, Darren) |
| Filing 13 SUMMONS RETURNED EXECUTED. Gastro Bar & Restaurant Corp. served on 8/12/2019, answer due 10/8/2019; Tryp Hotels Worldwide, Inc. served on 8/12/2019, answer due 10/8/2019. Service was accepted by Nancy Dougerty, Legal Clerk. Document filed by Miguel Rios. (Rumack, Darren) |
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Filing 12
STIPULATION EXTENDING DEFENDANT'S TIME TO RESPOND TO COMPLAINT, Motions terminated: #9 MOTION for Extension of Time to File Answer re: #1 Complaint by Stipulation. filed by Gastro Bar & Restaurant Corp., John Sharma, #11 LETTER MOTION for Extension of Time to File Answer re: #9 MOTION for Extension of Time to File Answer re: #1 Complaint by Stipulation., #1 Complaint, 10 Order on Motion for Extension of Time to Answer, addressed to filed by Gastro Bar & Restaurant Corp., John Sharma. IT IS HEREBY STIPULATED AND AGREED by and between the parties that Defendant's Gastro Bar & Restaurant Corp c/o TRYP Hotel, and John Sharma time to Answer, or otherwise respond to Plaintiff's Complaint is extended to and includes October 8, 2019 and that Defendants preserve all rights, privileges and defenses except as to Service of Process of the Complaint, as further set forth in this Order. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 8/14/2019) Gastro Bar & Restaurant Corp. answer due 10/8/2019; John Sharma answer due 10/8/2019; Tryp Hotels Worldwide, Inc. answer due 10/8/2019. (ks)
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| Filing 11 LETTER MOTION for Extension of Time to File Answer re: #9 MOTION for Extension of Time to File Answer re: #1 Complaint by Stipulation., #1 Complaint, 10 Order on Motion for Extension of Time to Answer, addressed to Judge Paul A. Engelmayer from Austin Graff dated August 13, 2019. Document filed by Gastro Bar & Restaurant Corp., John Sharma.(Graff, Austin) |
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Filing 10
ORDER with respect to #9 Stipulation Extending Time to Answer. The Court will not endorse the parties' stipulation as an order of the Court, as good cause was not established. The parties are to review Fed. R. Civ. P. 6(b)(1) and proceed accordingly. (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel)
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| Filing 9 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Extension of Time to File Answer re: #1 Complaint by Stipulation. Document filed by Gastro Bar & Restaurant Corp., John Sharma.(Graff, Austin) Modified on 8/30/2019 (ldi). |
| Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Gastro Bar & Restaurant Corp..(Graff, Austin) |
| Filing 7 NOTICE OF APPEARANCE by Austin Reis Graff on behalf of Gastro Bar & Restaurant Corp., John Sharma. (Graff, Austin) |
| Filing 6 SUMMONS RETURNED EXECUTED. John Sharma served on 8/6/2019, answer due 8/27/2019. Service was accepted by Ms. Rani; co-worker. Document filed by Miguel Rios. (Rumack, Darren) |
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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 Kevin Nathaniel Fox. (Signed by Judge Paul A. Engelmayer on 8/1/2019) (jwh)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to Gastro Bar & Restaurant Corp., John Sharma, Tryp Hotels Worldwide, Inc.. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Darren Paul Brian Rumack re: Document No. #1 Complaint. The filing is deficient for the following reason(s): Add Miguel Rios to CM ECF with the party text "on behalf of others similarly situated". Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Darren Paul Brian Rumack. The party information for the following party/parties has been modified: GASTRO BAR & RESTAURANT CORP, TRYP HOTELS WORLDWIDE, INC., Miguel Rios. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted; alias party name was omitted;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Darren Paul Brian Rumack. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (pc) |
| Case Designated ECF. (pc) |
| 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. (pc) |
| Magistrate Judge Kevin Nathaniel Fox 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) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Gastro Bar & Restaurant Corp. c/o Tryp Hotel ; Tryp Hotels Worldwide Inc. d/b/a Tryp Hotel NYC ; John Sharma, re: #1 Complaint. Document filed by Miguel Rios. (Rumack, Darren) |
| Filing 2 CIVIL COVER SHEET filed. (Rumack, Darren) |
| Filing 1 COMPLAINT against GASTRO BAR & RESTAURANT CORP, John Sharma, TRYP HOTELS WORLDWIDE, INC.. (Filing Fee $ 400.00, Receipt Number ANYSDC-17346000)Document filed by Miguel Rios.(Rumack, Darren) |
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