Espinoza v. Payam, Inc. et al
| Hevelio Reyes Espinoza |
| Payam, Inc., Pejman Toobian and John Does 1-5 |
| 1:2019cv08492 |
| September 12, 2019 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 21, 2019. A more recent docket listing may be available from PACER.
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Filing 14
ENDORSED LETTER addressed to Judge Lorna G. Schofield from Pejman Toobian dated 10/15/2019 re: Pursuing this frivolous lawsuit only takes away time that I can utilize towards continuing to improve my business model. ENDORSEMENT: The Court received the below letter by mail from Defendant Toobian. The Order at Dkt. No. 13 discusses and incorporates this letter by reference. SO ORDERED. (Signed by Judge Lorna G. Schofield on 10/21/2019) (rj)
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Filing 13
ORDER denying #6 Letter Motion for Conference ; denying #7 Letter Motion for Conference. It is herebyORDERED that, in light of the various sworn attestations by Defendants and Defendants' counsel that there has been no settlement with Plaintiff and that Plaintiff wishes to voluntarily dismiss this suit, this case is now dismissed. It is further ORDERED that Plaintiffs counsels request to substitute in a new Plaintiff after discovery against Defendants is DENIED. If Plaintiff's counsel identifies a suitable plaintiff to bring a collective action eventually, counsel shall file a new action at that time. The Clerk of Court is respectfully directed to close this action and Dkt. Nos. 6 and 7. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 10/21/2019) (cf)
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| Filing 12 LETTER REPLY to Response to Motion addressed to Judge Lorna G. Schofield from Justin Cilenti dated October 10, 2019 re: #7 LETTER MOTION for Conference Hearing and Request for Defendants to Show Cause addressed to Judge Lorna G. Schofield from Justin Cilenti dated September 30, 2019. . Document filed by Hevelio Reyes Espinoza. (Cilenti, Giustino) |
| Filing 11 LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Mitchell Segal, Esq. dated October 7, 2019 re: #6 LETTER MOTION for Conference Hearing and Request for Defendants to Show Cause addressed to Judge Lorna G. Schofield from Justin Cilenti dated September 30, 2019., #7 LETTER MOTION for Conference Hearing and Request for Defendants to Show Cause addressed to Judge Lorna G. Schofield from Justin Cilenti dated September 30, 2019. . Document filed by John Does 1-5, Payam, Inc., Pejman Toobian. (Attachments: #1 Exhibit Affidavit)(Segal, Mitchell) |
| Filing 10 NOTICE OF APPEARANCE by Mitchell S. Segal on behalf of John Does 1-5, Payam, Inc., Pejman Toobian. (Segal, Mitchell) |
| Filing 9 NOTICE OF APPEARANCE by Mitchell S. Segal on behalf of John Does 1-5, Payam, Inc., Pejman Toobian. (Segal, Mitchell) |
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Filing 8
MEMO ENDORSEMENT on re: #6 LETTER MOTION for Conference Hearing and Request for Defendants to Show Cause addressed to Judge Lorna G. Schofield from Justin Cilenti dated September 30, 2019. filed by Hevelio Reyes Espinoza, #7 LETTER MOTION for Conference Hearing and Request for Defendants to Show Cause addressed to Judge Lorna G. Schofield from Justin Cilenti dated September 30, 2019. filed by Hevelio Reyes Espinoza. ENDORSEMENT: By October 7, 2019, Defendants shall file a letter regarding whether one or more of them settled any of the matters in dispute in this case with Plaintiff. Because Defendants have not yet appeared, Plaintiff shall transmit a copy of this Order to Defendants' counsel. (Signed by Judge Lorna G. Schofield on 10/2/2019) (cf)
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| Filing 7 LETTER MOTION for Conference Hearing and Request for Defendants to Show Cause addressed to Judge Lorna G. Schofield from Justin Cilenti dated September 30, 2019. Document filed by Hevelio Reyes Espinoza. (Attachments: #1 Client Withdrawal Letter)(Cilenti, Giustino) |
| Filing 6 LETTER MOTION for Conference Hearing and Request for Defendants to Show Cause addressed to Judge Lorna G. Schofield from Justin Cilenti dated September 30, 2019. Document filed by Hevelio Reyes Espinoza.(Cilenti, Giustino) |
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Filing 5
ORDER: Initial Conference set for 10/31/2019 at 10:30 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 9/20/2019) (cf)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to Payam, Inc., Pejman Toobian. (pne) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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 Sarah Netburn 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) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Giustino Cilenti. The party information for the following party/parties has been modified: Payam, Inc. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted. (pne) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Payam, Inc. and Pejman Toobian, re: #1 Complaint. Document filed by Hevelio Reyes Espinoza. (Cilenti, Giustino) |
| Filing 2 CIVIL COVER SHEET filed. (Cilenti, Giustino) |
| Filing 1 COMPLAINT against John Does 1-5, Payam, Inc., Pejman Toobian. (Filing Fee $ 400.00, Receipt Number ANYSDC-17589151)Document filed by Hevelio Reyes Espinoza.(Cilenti, Giustino) |
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