Mota Bautista et al v. Countywide Builders, Inc. et al
| Mario Morales Rojas, Hugo Bautista, Gerardo Mota Bautista, Omar Rodriguez, Leoncio Torres Acuna, Julio Ricardo Alvarez Macatoma, Juan Zepeda, Juan Luis Ovando Zepeda and Antonio Limon Hernandez |
| Martin Doe, Jordan Garrido, Mayer Weber, Noble Construction Group, LLC, Mike Garrido, Edward M. Geerlof Jr., Countywide Builders, Inc., Peru, Countywide Builders, Inc. doing business as Countywide Builders, Noble Construction Group, LLC doing business as Noble Construction Group, County-Wide Masonry Corp., Carben Industries Inc., Carben Concrete Inc., Carben Construction Inc., Anthony Derasmo, Anthony LoGiudice and Ronald Browning |
| County-Wide Construction Corp. and Batrume Industries, Inc. |
| 1:2019cv08808 |
| September 23, 2019 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Both |
Docket Report
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This docket was last retrieved on April 29, 2024. A more recent docket listing may be available from PACER.
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Filing 136
ORDER granting #135 Letter Motion for Extension of Time to Complete Discovery. GRANTED. By April 18, 2022, the parties shall complete fact discovery. The case management conference scheduled for March 8, 2022, is ADJOURNED to May 11, 2022, at 10:00 a.m. By May 4, 2022, the parties shall submit their joint status letter. SO ORDERED.. (Signed by Judge Analisa Torres on 2/15/2022) (kv)
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Set/Reset Deadlines: ( Fact Discovery due by 4/18/2022.), Set/Reset Hearings:( Case Management Conference set for 5/11/2022 at 10:00 AM before Judge Analisa Torres.) (kv)
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Filing 135
LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Analisa Torres from Plaintiffs dated 2/14/22. Document filed by Hugo Bautista(individually), Hugo Bautista(on behalf of others similarly situated), Antonio Limon Hernandez(on behalf of others similarly situated), Antonio Limon Hernandez, Juan Luis Ovando Zepeda(on behalf of others similarly situated), Juan Luis Ovando Zepeda(individually), Mario Morales Rojas(on behalf of others similarly situated), Mario Morales Rojas(individually), Gerardo Mota Bautista(on behalf of others similarly situated), Gerardo Mota Bautista (individually), Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated), Julio Ricardo Alvarez Macatoma(individually), Omar Rodriguez(on behalf of others similarly situated), Omar Rodriguez(individually), Leoncio Torres Acuna(individually), Leoncio Torres Acuna(on behalf of others similarly situated), Juan Zepeda(individually), Juan Zepeda(on behalf of others similarly situated)..(Sojo, Catalina)
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Filing 134
ORDER granting #133 Letter Motion for Extension of Time to Complete Discovery. GRANTED. By February 14, 2022, the parties shall complete fact discovery. The case management conference scheduled for January 4, 2022, is ADJOURNED to March 8, 2022, at 10:00 a.m. By March 1, 2022, the parties shall submit their joint status letter. SO ORDERED. (Signed by Judge Analisa Torres on 12/14/2021) (mml)
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Set/Reset Deadlines: ( Fact Discovery due by 2/14/2022.), Set/Reset Hearings:( Case Management Conference set for 3/8/2022 at 10:00 AM before Judge Analisa Torres.) (mml)
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Filing 133
SECOND LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Alison J. Nathan from Parties dated 12/13/21. Document filed by Hugo Bautista(individually), Hugo Bautista(on behalf of others similarly situated), Antonio Limon Hernandez(on behalf of others similarly situated), Antonio Limon Hernandez, Juan Luis Ovando Zepeda(on behalf of others similarly situated), Juan Luis Ovando Zepeda(individually), Mario Morales Rojas(on behalf of others similarly situated), Mario Morales Rojas(individually), Gerardo Mota Bautista(on behalf of others similarly situated), Gerardo Mota Bautista (individually), Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated), Julio Ricardo Alvarez Macatoma(individually), Omar Rodriguez(on behalf of others similarly situated), Omar Rodriguez(individually), Leoncio Torres Acuna(individually), Leoncio Torres Acuna(on behalf of others similarly situated), Juan Zepeda(individually), Juan Zepeda(on behalf of others similarly situated)..(Sojo, Catalina)
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Filing 132
MEMO ENDORSEMENT granting #131 Motion to Withdraw as Attorney. ENDORSEMENT: GRANTED. SO ORDERED. Attorney Michael Antonio Faillace terminated. (Signed by Judge Analisa Torres on 11/8/2021) (rro)
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Filing 131
MOTION for Michael Faillace to Withdraw as Attorney . Document filed by Hugo Bautista(individually), Hugo Bautista(on behalf of others similarly situated), Antonio Limon Hernandez(on behalf of others similarly situated), Antonio Limon Hernandez, Juan Luis Ovando Zepeda(on behalf of others similarly situated), Juan Luis Ovando Zepeda(individually), Mario Morales Rojas(on behalf of others similarly situated), Mario Morales Rojas(individually), Gerardo Mota Bautista(on behalf of others similarly situated), Gerardo Mota Bautista (individually), Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated), Julio Ricardo Alvarez Macatoma(individually), Omar Rodriguez(on behalf of others similarly situated), Omar Rodriguez(individually), Leoncio Torres Acuna(individually), Leoncio Torres Acuna(on behalf of others similarly situated), Juan Zepeda(individually), Juan Zepeda(on behalf of others similarly situated)..(Faillace, Michael)
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Filing 130
NOTICE OF APPEARANCE by Catalina Sojo on behalf of Hugo Bautista(individually), Hugo Bautista(on behalf of others similarly situated), Antonio Limon Hernandez(on behalf of others similarly situated), Antonio Limon Hernandez, Juan Luis Ovando Zepeda(on behalf of others similarly situated), Juan Luis Ovando Zepeda(individually), Mario Morales Rojas(on behalf of others similarly situated), Mario Morales Rojas(individually), Gerardo Mota Bautista(on behalf of others similarly situated), Gerardo Mota Bautista (individually), Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated), Julio Ricardo Alvarez Macatoma(individually), Omar Rodriguez(on behalf of others similarly situated), Omar Rodriguez(individually), Leoncio Torres Acuna(individually), Leoncio Torres Acuna(on behalf of others similarly situated), Juan Zepeda(individually), Juan Zepeda(on behalf of others similarly situated)..(Sojo, Catalina)
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Filing 129
ORDER granting #128 Letter Motion for Extension of Time to Complete Discovery. GRANTED. By December 14, 2021, the parties shall complete fact discovery. The case management conference scheduled for November 1, 2021, is ADJOURNED to January 4,2022, at 10:20 a.m. By December 28, 2021, the parties shall submit their joint status letter. SO ORDERED. (Signed by Judge Analisa Torres on 10/13/2021) (vfr)
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Set/Reset Deadlines: ( Fact Discovery due by 12/14/2021.), Set/Reset Hearings:( Case Management Conference set for 1/4/2022 at 10:20 AM before Judge Analisa Torres.) (vfr)
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Filing 128
JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Analisa Torres from Parties dated 10/12/21. Document filed by Hugo Bautista(individually), Hugo Bautista(on behalf of others similarly situated), Antonio Limon Hernandez(on behalf of others similarly situated), Antonio Limon Hernandez, Juan Luis Ovando Zepeda(on behalf of others similarly situated), Juan Luis Ovando Zepeda(individually), Mario Morales Rojas(on behalf of others similarly situated), Mario Morales Rojas(individually), Gerardo Mota Bautista(on behalf of others similarly situated), Gerardo Mota Bautista (individually), Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated), Julio Ricardo Alvarez Macatoma(individually), Omar Rodriguez(on behalf of others similarly situated), Omar Rodriguez(individually), Leoncio Torres Acuna(individually), Leoncio Torres Acuna(on behalf of others similarly situated), Juan Zepeda(individually), Juan Zepeda(on behalf of others similarly situated)..(Errington, Clela)
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Filing 127
RULE 26 DISCLOSURE.Document filed by Ronald Browning, Carben Concrete Inc., Carben Industries Inc., Anthony LoGiudice. (Attachments: #1 CAR001-CAR047, #2 CAR048-CAR060, #3 CAR061-CAR088, #4 CAR089-CAR116, #5 CAR117-CAR140, #6 CAR141-CAR173).(Lakind, Matthew)
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Filing 125
AFFIRMATION of Matthew Lakind, Esq. re: #124 Proposed Order to Show Cause Without Emergency Relief, ., AFFIDAVIT of Matthew Lakind, Esq. in Support. Document filed by Carben Industries Inc...(Lakind, Matthew)
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Filing 124
PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Carben Industries Inc.. Related Document Number: #120 ..(Lakind, Matthew) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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Filing 123
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED ORDER. Document filed by Carben Industries Inc.. (Attachments: #1 Affidavit In Support of OTSC) Related Document Number: #120 ..(Lakind, Matthew) Proposed Order to be reviewed by Clerk's Office staff. Modified on 5/25/2021 (dt).
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Matthew LaKind to RE-FILE Document #123 Proposed Order. Use the event type Proposed Order to Show Cause Without Emergency Relief found under the event list Proposed Orders, then separately file the Affidavit in Support using the event type Affidavit in Support of a Non-Motion found under the event list Other Answers. (dt)
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***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #121 Proposed Default Judgment was reviewed and approved as to form. (dt)
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #124 Proposed Order to Show Cause Without Emergency Relief, was reviewed and approved as to form. (dt)
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Filing 122
AFFIDAVIT of Matthew Lakind, Esq. in Support re: #121 Proposed Default Judgment. Document filed by Carben Industries Inc...(Lakind, Matthew)
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Filing 121
PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Carben Industries Inc...(Lakind, Matthew) Proposed Default Judgment to be reviewed by Clerk's Office staff.
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Matthew LaKind to RE-FILE Document #121 Proposed Default Judgment. ERROR(S): Refer to Judges Individual Rules and Ecf Rules 16. (dt)
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Filing 126
Minute Entry for proceedings held before Judge Analisa Torres: Initial Pretrial Conference held on 5/17/2021. (ca)
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Filing 120
CLERK'S CERTIFICATE OF DEFAULT as to Third Party Defendant Batrume Industries, Inc., issued May 17, 2021.(dt)
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Filing 119
PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Carben Industries Inc...(Lakind, Matthew) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
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Filing 118
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a magistrate judge, including motions and trial 28 U.S.C. 636(c). This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is: 3-5 days. Deposition due by 9/6/2021. Fact Discovery due by 10/14/2021. Case Management Conference set for 11/1/2021 at 10:40 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 5/17/2021) (kv)
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Filing 117
AFFIRMATION of Matthew Lakind, Esq. re: #116 Proposed Clerk's Certificate of Default . Document filed by Carben Industries Inc...(Lakind, Matthew)
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Filing 116
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Carben Industries Inc...(Lakind, Matthew) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 5/17/2021 (dt).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Matthew Lakind. RE-FILE Document No. #116 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): the proposed clerk's certificate of default lists the wrong filed date for the complaint; the proposed clerk's certificate of default lists the wrong name of the person that was personally served; the proposed clerk's certificate of default does not cite the filing and the service the the service of the third party complaint; Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies)who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service, cites the the filing and service of the third party complaint. Prepare your own Clerk's Certificate as to the format in sample on Court's Website, then add in the above information as to the third party complaint. (dt)
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Filing 115
ORDER granting #114 Letter Motion for Discovery. GRANTED. The initial pre-trial conference scheduled for May 11, 2021, is ADJOURNED to May 17, 2021, at 11:20 a.m. By May 12, 2021, the parties shall file their proposed case management plan and joint letter. SO ORDERED. (Signed by Judge Analisa Torres on 5/10/2021) (kv)
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Set/Reset Hearings: Initial Conference set for 5/17/2021 at 11:20 AM before Judge Analisa Torres. (kv)
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Filing 114
LETTER MOTION for Discovery Schedule addressed to Judge Analisa Torres from Plaintiffs dated 4/13/21. Document filed by Hugo Bautista(individually), Hugo Bautista(on behalf of others similarly situated), Antonio Limon Hernandez(on behalf of others similarly situated), Antonio Limon Hernandez, Juan Luis Ovando Zepeda(on behalf of others similarly situated), Juan Luis Ovando Zepeda(individually), Mario Morales Rojas(on behalf of others similarly situated), Mario Morales Rojas(individually), Gerardo Mota Bautista(on behalf of others similarly situated), Gerardo Mota Bautista (individually), Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated), Julio Ricardo Alvarez Macatoma(individually), Omar Rodriguez(on behalf of others similarly situated), Omar Rodriguez(individually), Leoncio Torres Acuna(individually), Leoncio Torres Acuna(on behalf of others similarly situated)..(Errington, Clela)
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Filing 113
ORDER: Accordingly, prior to holding an initial pretrial conference in this matter, the parties shall participate in mediation pursuant to Local Civil Rule 83.9. The initial pretrial conference scheduled for April 6, 2021, is ADJOURNED to May 11, 2021, at 11:20 a.m., to permit the parties to participate in mediation. By May 4, 2021, the parties shall file their joint letter and proposed case management plan. SO ORDERED. Initial Conference set for 5/11/2021 at 11:20 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 4/5/2021) (jca)
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Filing 112
JOINT LETTER addressed to Judge Analisa Torres from Parties dated 3/30/21 re: Initial Conference. Document filed by Hugo Bautista(individually), Hugo Bautista(on behalf of others similarly situated), Antonio Limon Hernandez(on behalf of others similarly situated), Antonio Limon Hernandez, Juan Luis Ovando Zepeda(on behalf of others similarly situated), Juan Luis Ovando Zepeda(individually), Mario Morales Rojas(on behalf of others similarly situated), Mario Morales Rojas(individually), Gerardo Mota Bautista(on behalf of others similarly situated), Gerardo Mota Bautista (individually), Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated), Julio Ricardo Alvarez Macatoma(individually), Omar Rodriguez(on behalf of others similarly situated), Omar Rodriguez(individually), Leoncio Torres Acuna(individually), Leoncio Torres Acuna(on behalf of others similarly situated), Juan Zepeda(individually), Juan Zepeda(on behalf of others similarly situated). (Attachments: #1 Proposed Case Management Plan).(Errington, Clela)
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Filing 111
ORDER granting #110 Letter Motion to Stay re: #110 LETTER MOTION to Stay addressed to Judge Analisa Torres from Matthew Lakind dated 02/22/21. GRANTED. The parties shall contact the mediation office to reschedule their mediation. The initial pretrial conference scheduled for March 3, 2021, is ADJOURNED to April 6, 2021, at 10:20 a.m. By March 30, 2021, the parties shall file their joint letter and proposed case management plan. SO ORDERED.. (Signed by Judge Analisa Torres on 3/1/2021) (ks)
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Filing 110
LETTER MOTION to Stay addressed to Judge Analisa Torres from Matthew Lakind dated 02/22/21. Document filed by Carben Construction Inc...(Lakind, Matthew)
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Set/Reset Hearings: Initial Conference set for 4/6/2021 at 10:20 AM before Judge Analisa Torres. (ks)
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Filing 109
LETTER addressed to Judge Analisa Torres from Matthew Lakind dated 02/22/21 re: Stay of Mediation. Document filed by Carben Construction Inc...(Lakind, Matthew)
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Filing 108
NOTICE OF APPEARANCE by Laurence Jay Lebowitz on behalf of County-Wide Masonry Corp...(Lebowitz, Laurence)
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Filing 107
NOTICE OF APPEARANCE by Laurence Jay Lebowitz on behalf of County-Wide Construction Corp...(Lebowitz, Laurence)
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Filing 106
NOTICE OF APPEARANCE by Laurence Jay Lebowitz on behalf of Anthony Derasmo..(Lebowitz, Laurence)
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Filing 105
NOTICE OF APPEARANCE by Maria Louisa Bianco on behalf of County-Wide Masonry Corp., Anthony Derasmo..(Bianco, Maria Louisa)
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Filing 104
AFFIDAVIT OF SERVICE of Summons and Answer to Amended Complaint, Answer to Crossclaim, Third Party Complaint,,,,,. Batrume Industries, Inc. served on 1/21/2021, answer due 2/11/2021. Service was accepted by NY Sec of State. Document filed by Carben Industries Inc...(Lakind, Matthew)
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Filing 103
ANSWER to #87 Answer to Amended Complaint, Answer to Crossclaim, Third Party Complaint,,,,,. Document filed by County-Wide Construction Corp...(Maguire, Amanda)
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Filing 102
NOTICE OF APPEARANCE by Amanda Elizabeth Maguire on behalf of County-Wide Construction Corp...(Maguire, Amanda)
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Filing 101
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by County-Wide Construction Corp...(Maguire, Amanda)
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Filing 100
ORDER: The Court vacates its order at ECF No. 96 in light of the Court's previous order of referral to mediation in this matter. ECF No. 28. Prior to holding an initial pretrial conference in this matter, the parties shall participate in mediation pursuant to Local Civil Rule 83.9. The initial pretrial conference scheduled for January 13, 2021, is ADJOURNED to March 3, 2021, at 10:00 a.m., to permit the parties to participate in mediation. By February 24, 2021, the parties shall file their joint letter and proposed case management plan. The Clerk of Court is directed to terminate the motion at ECF No. 99. SO ORDERED. (Initial Conference set for 3/3/2021 at 10:00 AM before Judge Analisa Torres.), Motions terminated: #99 LETTER MOTION to Adjourn Conference (Pre-Trial) addressed to Judge Analisa Torres from Matthew Lakind dated December 21, 2020. filed by Carben Concrete Inc.. (Signed by Judge Analisa Torres on 1/7/2021) (kv)
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Filing 99
LETTER MOTION to Adjourn Conference (Pre-Trial) addressed to Judge Analisa Torres from Matthew Lakind dated December 21, 2020. Document filed by Carben Concrete Inc...(Lakind, Matthew)
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Filing 98
ANSWER to #87 Crossclaim. Document filed by County-Wide Masonry Corp., Anthony Derasmo..(Maguire, Amanda)
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Filing 97
WAIVER OF SERVICE RETURNED EXECUTED. County-Wide Construction Corp. waiver sent on 11/18/2020, answer due 1/19/2021. Document filed by Carben Industries Inc.; Carben Concrete Inc.; Anthony LoGiudice; Ronald Browning; Carben Construction Inc...(Lakind, Matthew)
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Filing 96
MEDIATION REFERRAL ORDER FOR CASES FILED UNDER THE FLSA: This case, involving claims under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. 201 et seq., was referred to the Mediation Office for settlement purposes under Local Civil Rule 83.9. See ECF No. 28. The parties in this action have not participated in mediation. July 13, 2020 Docket Entry. To that end, prior to holding an initial pretrial conference pursuant to Federal Rule of Civil Procedure 16, 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 the date of this Order, confer and provide the following: 1. Both parties shall produce documents describing Plaintiff's duties and responsibilities. 2. Both parties shall produce records in their possession of wages and hours worked (i.e., payroll records, time sheets, work schedules, wage statements and wage notices). 3. Plaintiff shall produce a spreadsheet of alleged underpayments and other damages. 4. Defendants shall produce any documents describing compensation policies or practices. 5. If Defendants intend to assert an inability to pay then they shall produce proof of financial condition including tax records, business records, or other documents demonstrating their financial status. If either party believes that early mediation would not be appropriate in this case (e.g., because they believe that settlement discussions should be deferred until after collective-action or class-action motion practice), they shall file a letter motion seeking relief from the foregoing requirements no later than November 27, 2020. The initial pretrial conference scheduled for November 19, 2020, is ADJOURNED to January 13, 2020, at 11:20 a.m. (Mediator to be Assigned by 11/30/2020.), (Initial Conference set for 1/13/2021 at 11:20 AM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 11/18/2020) (nb) Modified on 11/19/2020 (nb).
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Filing 95
ELECTRONIC SUMMONS ISSUED as to Batrume Industries, Inc.. (sj)
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Filing 94
ELECTRONIC SUMMONS ISSUED as to County-Wide Construction Corp.. (sj)
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Filing 93
REQUEST FOR ISSUANCE OF SUMMONS as to County-Wide Construction Corp., re: #87 Answer to Amended Complaint, Answer to Crossclaim, Third Party Complaint,,,,,. Document filed by Ronald Browning, Carben Concrete Inc., Carben Construction Inc., Carben Industries Inc., Anthony LoGiudice..(Lakind, Matthew)
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Filing 92
REQUEST FOR ISSUANCE OF SUMMONS as to Batrume Industries, Inc., re: #87 Answer to Amended Complaint, Answer to Crossclaim, Third Party Complaint,,,,,. Document filed by Ronald Browning, Carben Concrete Inc., Carben Construction Inc., Carben Industries Inc., Anthony LoGiudice..(Lakind, Matthew)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Matthew David Lakind to RE-FILE Document No. #88 Request for Issuance of Summons, #89 Request for Issuance of Summons. The filing is deficient for the following reason(s): the form used for the summons is not the official A.O. Third Party Summons form. 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. (sj)
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Filing 91
LETTER addressed to Judge Analisa Torres from Plaintiffs dated 11/12/2020 re: Initial Conference. Document filed by Hugo Bautista(individually), Hugo Bautista(on behalf of others similarly situated), Antonio Limon Hernandez(on behalf of others similarly situated), Antonio Limon Hernandez, Juan Luis Ovando Zepeda(on behalf of others similarly situated), Juan Luis Ovando Zepeda(individually), Mario Morales Rojas(on behalf of others similarly situated), Mario Morales Rojas(individually), Gerardo Mota Bautista(on behalf of others similarly situated), Gerardo Mota Bautista (individually), Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated), Julio Ricardo Alvarez Macatoma(individually), Omar Rodriguez(on behalf of others similarly situated), Omar Rodriguez(individually), Leoncio Torres Acuna(individually), Leoncio Torres Acuna(on behalf of others similarly situated), Juan Zepeda(individually), Juan Zepeda(on behalf of others similarly situated). (Attachments: #1 Text of Proposed Order Proposed Case Management Plan).(Errington, Clela)
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Filing 90
STIPULATION EXTENDING TIME TO ANSWER: IT IS HEREBY STIPULATED AND AGREED by and between Tesser & Cohen, attorneys for Defendants, Carben Industries, Inc., Carben Concrete, Inc., Anthony LoGiudice, and Ronald Browning (collectively the "Carben Defendants"), and Michael Faillace & Associates, P.C., attorneys for Plaintiffs, that the time within which the Carben Defendants may answer or otherwise plead to Plaintiffs' Complaint is hereby extended to November 15, 2020. SO ORDERED. Ronald Browning answer due 11/15/2020; Carben Concrete Inc. answer due 11/15/2020; Carben Construction Inc. answer due 11/15/2020; Carben Industries Inc. answer due 11/15/2020; Anthony LoGiudice answer due 11/15/2020. (Signed by Judge Analisa Torres on 11/12/2020) (mml)
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Filing 89
FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to County-Wide Construction Corp., re: #87 Answer to Amended Complaint, Answer to Crossclaim, Third Party Complaint. Document filed by Ronald Browning, Carben Concrete Inc., Carben Construction Inc., Carben Industries Inc., Anthony LoGiudice.(Lakind, Matthew) Modified on 11/13/2020 (sj).
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Filing 88
FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Batrume Industries, Inc., re: #87 Answer to Amended Complaint, Answer to Crossclaim, Third Party Complaint. Document filed by Ronald Browning, Carben Concrete Inc., Carben Construction Inc., Carben Industries Inc., Anthony LoGiudice..(Lakind, Matthew) Modified on 11/13/2020 (sj).
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Filing 87
ANSWER to #56 Amended Complaint,,,, #80 Answer to Amended Complaint, Crossclaim with JURY DEMAND., ANSWER to #56 , #80 Crossclaim., THIRD PARTY COMPLAINT against County-Wide Construction Corp., Batrume Industries, Inc.., CROSSCLAIM against County-Wide Masonry Corp., Anthony Derasmo. Document filed by Carben Concrete Inc., Carben Industries Inc., Ronald Browning, Carben Construction Inc., Anthony LoGiudice..(Lakind, Matthew)
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Filing 86
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ronald Browning, Carben Concrete Inc., Carben Construction Inc., Carben Industries Inc., Anthony LoGiudice..(Lakind, Matthew)
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Filing 85
PROPOSED STIPULATION AND ORDER. Document filed by Ronald Browning, Carben Concrete Inc., Carben Construction Inc., Carben Industries Inc., Anthony LoGiudice..(Lakind, Matthew)
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Filing 84
ORDER granting #83 Letter Motion to Adjourn Conference. GRANTED. The initial pretrial conference scheduled for November 9, 2020, is ADJOURNED to November 19, 2020, at 11:20 a.m. By November 12, 2020, the parties shall file their joint letter and proposed case management plan. SO ORDERED. Initial Conference set for 11/19/2020 at 11:20 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 11/6/2020) (kv)
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Filing 83
LETTER MOTION to Adjourn Conference addressed to Judge Analisa Torres from Plaintiffs dated 11/2/2020. Document filed by Hugo Bautista(individually), Hugo Bautista(on behalf of others similarly situated), Antonio Limon Hernandez(on behalf of others similarly situated), Antonio Limon Hernandez, Juan Luis Ovando Zepeda(on behalf of others similarly situated), Juan Luis Ovando Zepeda(individually), Mario Morales Rojas(on behalf of others similarly situated), Mario Morales Rojas(individually), Gerardo Mota Bautista(on behalf of others similarly situated), Gerardo Mota Bautista (individually), Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated), Julio Ricardo Alvarez Macatoma(individually), Omar Rodriguez(on behalf of others similarly situated), Omar Rodriguez(individually), Leoncio Torres Acuna(individually), Leoncio Torres Acuna(on behalf of others similarly situated), Juan Zepeda(individually), Juan Zepeda(on behalf of others similarly situated)..(Errington, Clela)
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Filing 82
CERTIFICATE OF SERVICE of Answer with Cross-Claims served on Carben Construction, Inc., Carben Industries, Inc., Carben Concrete, Inc., Ronald Browning and Anthony Loguidice on 10/30/20. Service was made by MAIL. Document filed by County-Wide Masonry Corp., Anthony Derasmo..(Maguire, Amanda)
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Filing 81
AFFIDAVIT OF SERVICE of Summons and Complaint,,,,. Ronald Browning served on 9/11/2020, answer due 10/2/2020. Service was accepted by Jane Doe, managing agent. Document filed by Juan Zepeda(individually); Gerardo Mota Bautista(on behalf of others similarly situated); Anthony Derasmo; Gerardo Mota Bautista (individually); Carben Construction Inc.; Omar Rodriguez(on behalf of others similarly situated); Antonio Limon Hernandez(on behalf of others similarly situated); County-Wide Masonry Corp.; Mario Morales Rojas(on behalf of others similarly situated); Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated); Leoncio Torres Acuna(individually); Mario Morales Rojas(individually); Carben Industries Inc.; Juan Luis Ovando Zepeda(on behalf of others similarly situated); Hugo Bautista(individually); Julio Ricardo Alvarez Macatoma(individually); Leoncio Torres Acuna(on behalf of others similarly situated); Omar Rodriguez(individually); Juan Zepeda(on behalf of others similarly situated); Hugo Bautista(on behalf of others similarly situated); Antonio Limon Hernandez; Juan Luis Ovando Zepeda(individually)..(Faillace, Michael)
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Filing 80
ANSWER to #56 Amended Complaint,,,,., CROSSCLAIM against Carben Construction Inc., Carben Industries Inc.. Document filed by Anthony Derasmo, County-Wide Masonry Corp...(Maguire, Amanda)
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Filing 79
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by County-Wide Masonry Corp...(Maguire, Amanda)
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Filing 78
NOTICE OF APPEARANCE by Amanda Elizabeth Maguire on behalf of County-Wide Masonry Corp., Anthony Derasmo..(Maguire, Amanda)
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Filing 77
AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Carben Industries Inc. served on 9/9/2020, answer due 9/30/2020. Service was accepted by Nancy Dougherty, authorized agent. Document filed by Leoncio Torres Acuna(individually); Juan Zepeda(individually); Gerardo Mota Bautista(on behalf of others similarly situated); Gerardo Mota Bautista (individually); Omar Rodriguez(on behalf of others similarly situated); Mario Morales Rojas(individually); Juan Luis Ovando Zepeda(on behalf of others similarly situated); Antonio Limon Hernandez(on behalf of others similarly situated); Hugo Bautista(individually); Julio Ricardo Alvarez Macatoma(individually); Leoncio Torres Acuna(on behalf of others similarly situated); Mario Morales Rojas(on behalf of others similarly situated); Omar Rodriguez(individually); Juan Zepeda(on behalf of others similarly situated); Hugo Bautista(on behalf of others similarly situated); Antonio Limon Hernandez; Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated); Juan Luis Ovando Zepeda(individually)..(Errington, Clela)
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Filing 76
AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Carben Construction Inc. served on 9/9/2020, answer due 9/30/2020. Service was accepted by Nancy Dougherty, authorized agent. Document filed by Leoncio Torres Acuna(individually); Juan Zepeda(individually); Gerardo Mota Bautista(on behalf of others similarly situated); Gerardo Mota Bautista (individually); Omar Rodriguez(on behalf of others similarly situated); Mario Morales Rojas(individually); Juan Luis Ovando Zepeda(on behalf of others similarly situated); Antonio Limon Hernandez(on behalf of others similarly situated); Hugo Bautista(individually); Julio Ricardo Alvarez Macatoma(individually); Leoncio Torres Acuna(on behalf of others similarly situated); Mario Morales Rojas(on behalf of others similarly situated); Omar Rodriguez(individually); Juan Zepeda(on behalf of others similarly situated); Hugo Bautista(on behalf of others similarly situated); Antonio Limon Hernandez; Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated); Juan Luis Ovando Zepeda(individually)..(Errington, Clela)
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Filing 75
AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Carben Concrete Inc. served on 9/9/2020, answer due 9/30/2020. Service was accepted by Nancy Dougherty. Document filed by Leoncio Torres Acuna(individually); Juan Zepeda(individually); Gerardo Mota Bautista(on behalf of others similarly situated); Gerardo Mota Bautista (individually); Omar Rodriguez(on behalf of others similarly situated); Mario Morales Rojas(individually); Juan Luis Ovando Zepeda(on behalf of others similarly situated); Antonio Limon Hernandez(on behalf of others similarly situated); Hugo Bautista(individually); Julio Ricardo Alvarez Macatoma(individually); Leoncio Torres Acuna(on behalf of others similarly situated); Mario Morales Rojas(on behalf of others similarly situated); Omar Rodriguez(individually); Juan Zepeda(on behalf of others similarly situated); Hugo Bautista(on behalf of others similarly situated); Antonio Limon Hernandez; Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated); Juan Luis Ovando Zepeda(individually)..(Errington, Clela)
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Filing 74
ORDER granting #73 Letter Motion to Adjourn Conference. GRANTED. The initial pretrial conference scheduled for September 16, 2020, is ADJOURNED to November 9, 2020, at 11:20 a.m. By November 2, 2020, the parties shall file their joint letter and proposed case management plan. SO ORDERED. Initial Conference set for 11/9/2020 at 11:20 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 9/10/2020) (kv)
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Filing 73
LETTER MOTION to Adjourn Conference addressed to Judge Analisa Torres from Plaintiffs dated 9/9/2020. Document filed by Hugo Bautista(individually), Hugo Bautista(on behalf of others similarly situated), Antonio Limon Hernandez(on behalf of others similarly situated), Antonio Limon Hernandez, Juan Luis Ovando Zepeda(on behalf of others similarly situated), Juan Luis Ovando Zepeda(individually), Mario Morales Rojas(individually), Mario Morales Rojas(on behalf of others similarly situated), Gerardo Mota Bautista(on behalf of others similarly situated), Gerardo Mota Bautista (individually), Julio Ricardo Alvarez Macatoma(individually), Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated), Omar Rodriguez(on behalf of others similarly situated), Omar Rodriguez(individually), Leoncio Torres Acuna(individually), Leoncio Torres Acuna(on behalf of others similarly situated), Juan Zepeda(individually), Juan Zepeda(on behalf of others similarly situated)..(Errington, Clela)
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Filing 72
WAIVER OF SERVICE RETURNED EXECUTED. County-Wide Masonry Corp. waiver sent on 8/4/2020, answer due 10/5/2020; Anthony Derasmo waiver sent on 8/4/2020, answer due 10/5/2020. Document filed by Leoncio Torres Acuna(individually); Juan Zepeda(individually); Gerardo Mota Bautista(on behalf of others similarly situated); Gerardo Mota Bautista (individually); Omar Rodriguez(on behalf of others similarly situated); Mario Morales Rojas(individually); Juan Luis Ovando Zepeda(on behalf of others similarly situated); Antonio Limon Hernandez(on behalf of others similarly situated); Hugo Bautista(individually); Julio Ricardo Alvarez Macatoma(individually); Leoncio Torres Acuna(on behalf of others similarly situated); Mario Morales Rojas(on behalf of others similarly situated); Omar Rodriguez(individually); Juan Zepeda(on behalf of others similarly situated); Hugo Bautista(on behalf of others similarly situated); Antonio Limon Hernandez; Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated); Juan Luis Ovando Zepeda(individually)..(Errington, Clela)
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Filing 71
ELECTRONIC SUMMONS ISSUED as to County-Wide Masonry Corp...(sj)
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Filing 70
ELECTRONIC SUMMONS ISSUED as to Anthony Derasmo..(sj)
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Filing 69
ELECTRONIC SUMMONS ISSUED as to Carben Industries Inc...(sj)
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Filing 68
ELECTRONIC SUMMONS ISSUED as to Carben Concrete Inc.. (sj)
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Filing 67
ELECTRONIC SUMMONS ISSUED as to Carben Construction Inc...(sj)
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Filing 66
ELECTRONIC SUMMONS ISSUED as to Anthony LoGiudice. (sj)
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Filing 65
ELECTRONIC SUMMONS ISSUED as to Ronald Browning..(sj)
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Filing 64
REQUEST FOR ISSUANCE OF SUMMONS as to Martin Doe, re: #56 Amended Complaint,,,,. Document filed by Hugo Bautista(individually), Hugo Bautista(on behalf of others similarly situated), Antonio Limon Hernandez(on behalf of others similarly situated), Antonio Limon Hernandez, Juan Luis Ovando Zepeda(on behalf of others similarly situated), Juan Luis Ovando Zepeda(individually), Mario Morales Rojas(individually), Mario Morales Rojas(on behalf of others similarly situated), Gerardo Mota Bautista(on behalf of others similarly situated), Gerardo Mota Bautista (individually), Julio Ricardo Alvarez Macatoma(individually), Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated), Omar Rodriguez(on behalf of others similarly situated), Omar Rodriguez(individually), Leoncio Torres Acuna(individually), Leoncio Torres Acuna(on behalf of others similarly situated), Juan Zepeda(individually), Juan Zepeda(on behalf of others similarly situated)..(Faillace, Michael)
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Filing 63
REQUEST FOR ISSUANCE OF SUMMONS as to Ronald Browning, re: #56 Amended Complaint,,,,. Document filed by Hugo Bautista(individually), Hugo Bautista(on behalf of others similarly situated), Antonio Limon Hernandez(on behalf of others similarly situated), Antonio Limon Hernandez, Juan Luis Ovando Zepeda(on behalf of others similarly situated), Juan Luis Ovando Zepeda(individually), Mario Morales Rojas(individually), Mario Morales Rojas(on behalf of others similarly situated), Gerardo Mota Bautista(on behalf of others similarly situated), Gerardo Mota Bautista (individually), Julio Ricardo Alvarez Macatoma(individually), Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated), Omar Rodriguez(on behalf of others similarly situated), Omar Rodriguez(individually), Leoncio Torres Acuna(individually), Leoncio Torres Acuna(on behalf of others similarly situated), Juan Zepeda(individually), Juan Zepeda(on behalf of others similarly situated)..(Faillace, Michael)
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Filing 62
REQUEST FOR ISSUANCE OF SUMMONS as to Anthony LoGiudice, re: #56 Amended Complaint,,,,. Document filed by Hugo Bautista(individually), Hugo Bautista(on behalf of others similarly situated), Antonio Limon Hernandez(on behalf of others similarly situated), Antonio Limon Hernandez, Juan Luis Ovando Zepeda(on behalf of others similarly situated), Juan Luis Ovando Zepeda(individually), Mario Morales Rojas(individually), Mario Morales Rojas(on behalf of others similarly situated), Gerardo Mota Bautista(on behalf of others similarly situated), Gerardo Mota Bautista (individually), Julio Ricardo Alvarez Macatoma(individually), Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated), Omar Rodriguez(on behalf of others similarly situated), Omar Rodriguez(individually), Leoncio Torres Acuna(individually), Leoncio Torres Acuna(on behalf of others similarly situated), Juan Zepeda(individually), Juan Zepeda(on behalf of others similarly situated)..(Faillace, Michael)
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Filing 61
REQUEST FOR ISSUANCE OF SUMMONS as to Carben Construction Inc., re: #56 Amended Complaint,,,,. Document filed by Hugo Bautista(individually), Hugo Bautista(on behalf of others similarly situated), Antonio Limon Hernandez(on behalf of others similarly situated), Antonio Limon Hernandez, Juan Luis Ovando Zepeda(on behalf of others similarly situated), Juan Luis Ovando Zepeda(individually), Mario Morales Rojas(individually), Mario Morales Rojas(on behalf of others similarly situated), Gerardo Mota Bautista(on behalf of others similarly situated), Gerardo Mota Bautista (individually), Julio Ricardo Alvarez Macatoma(individually), Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated), Omar Rodriguez(on behalf of others similarly situated), Omar Rodriguez(individually), Leoncio Torres Acuna(individually), Leoncio Torres Acuna(on behalf of others similarly situated), Juan Zepeda(individually), Juan Zepeda(on behalf of others similarly situated)..(Faillace, Michael)
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Filing 60
REQUEST FOR ISSUANCE OF SUMMONS as to Carben Concrete Inc., re: #56 Amended Complaint,,,,. Document filed by Hugo Bautista(individually), Hugo Bautista(on behalf of others similarly situated), Antonio Limon Hernandez(on behalf of others similarly situated), Antonio Limon Hernandez, Juan Luis Ovando Zepeda(on behalf of others similarly situated), Juan Luis Ovando Zepeda(individually), Mario Morales Rojas(individually), Mario Morales Rojas(on behalf of others similarly situated), Gerardo Mota Bautista(on behalf of others similarly situated), Gerardo Mota Bautista (individually), Julio Ricardo Alvarez Macatoma(individually), Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated), Omar Rodriguez(on behalf of others similarly situated), Omar Rodriguez(individually), Leoncio Torres Acuna(individually), Leoncio Torres Acuna(on behalf of others similarly situated), Juan Zepeda(individually), Juan Zepeda(on behalf of others similarly situated)..(Faillace, Michael)
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Filing 59
REQUEST FOR ISSUANCE OF SUMMONS as to Carben Industries Inc., re: #56 Amended Complaint,,,,. Document filed by Hugo Bautista(individually), Hugo Bautista(on behalf of others similarly situated), Antonio Limon Hernandez(on behalf of others similarly situated), Antonio Limon Hernandez, Juan Luis Ovando Zepeda(on behalf of others similarly situated), Juan Luis Ovando Zepeda(individually), Mario Morales Rojas(individually), Mario Morales Rojas(on behalf of others similarly situated), Gerardo Mota Bautista(on behalf of others similarly situated), Gerardo Mota Bautista (individually), Julio Ricardo Alvarez Macatoma(individually), Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated), Omar Rodriguez(on behalf of others similarly situated), Omar Rodriguez(individually), Leoncio Torres Acuna(individually), Leoncio Torres Acuna(on behalf of others similarly situated), Juan Zepeda(individually), Juan Zepeda(on behalf of others similarly situated)..(Faillace, Michael)
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Filing 58
REQUEST FOR ISSUANCE OF SUMMONS as to Anthony Derasmo, re: #56 Amended Complaint,,,,. Document filed by Hugo Bautista(individually), Hugo Bautista(on behalf of others similarly situated), Antonio Limon Hernandez(on behalf of others similarly situated), Antonio Limon Hernandez, Juan Luis Ovando Zepeda(on behalf of others similarly situated), Juan Luis Ovando Zepeda(individually), Mario Morales Rojas(individually), Mario Morales Rojas(on behalf of others similarly situated), Gerardo Mota Bautista(on behalf of others similarly situated), Gerardo Mota Bautista (individually), Julio Ricardo Alvarez Macatoma(individually), Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated), Omar Rodriguez(on behalf of others similarly situated), Omar Rodriguez(individually), Leoncio Torres Acuna(individually), Leoncio Torres Acuna(on behalf of others similarly situated), Juan Zepeda(individually), Juan Zepeda(on behalf of others similarly situated)..(Faillace, Michael)
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Filing 57
REQUEST FOR ISSUANCE OF SUMMONS as to County-Wide Masonry Corp., re: #56 Amended Complaint,,,,. Document filed by Hugo Bautista(individually), Hugo Bautista(on behalf of others similarly situated), Antonio Limon Hernandez(on behalf of others similarly situated), Antonio Limon Hernandez, Juan Luis Ovando Zepeda(on behalf of others similarly situated), Juan Luis Ovando Zepeda(individually), Mario Morales Rojas(individually), Mario Morales Rojas(on behalf of others similarly situated), Gerardo Mota Bautista(on behalf of others similarly situated), Gerardo Mota Bautista (individually), Julio Ricardo Alvarez Macatoma(individually), Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated), Omar Rodriguez(on behalf of others similarly situated), Omar Rodriguez(individually), Leoncio Torres Acuna(individually), Leoncio Torres Acuna(on behalf of others similarly situated), Juan Zepeda(individually), Juan Zepeda(on behalf of others similarly situated)..(Faillace, Michael)
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Filing 56
SECOND AMENDED COMPLAINT amending #55 Amended Complaint,,,,, against Ronald Browning, Carben Concrete Inc., Carben Construction Inc., Carben Industries Inc., County-Wide Masonry Corp., Anthony Derasmo, Martin Doe, Anthony LoGiudice with JURY DEMAND.Document filed by Leoncio Torres Acuna(individually), Juan Zepeda(individually), Gerardo Mota Bautista(on behalf of others similarly situated), Gerardo Mota Bautista (individually), Omar Rodriguez(on behalf of others similarly situated), Mario Morales Rojas(individually), Juan Luis Ovando Zepeda(on behalf of others similarly situated), Antonio Limon Hernandez(on behalf of others similarly situated), Hugo Bautista(individually), Julio Ricardo Alvarez Macatoma(individually), Leoncio Torres Acuna(on behalf of others similarly situated), Mario Morales Rojas(on behalf of others similarly situated), Omar Rodriguez(individually), Juan Zepeda(on behalf of others similarly situated), Hugo Bautista(on behalf of others similarly situated), Antonio Limon Hernandez, Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated), Juan Luis Ovando Zepeda(individually). Related document: #55 Amended Complaint,,,,,..(Faillace, Michael)
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ADD PARTY FOR PLEADING. Defendants/Respondents County-Wide Masonry Corp., Carben Industries Inc., Carben Concrete Inc., Carben Construction Inc., Anthony Derasmo, Anthony LoGiudice, Ronald Browning added. Party added pursuant to #55 Amended Complaint,,,,,.Document filed by Leoncio Torres Acuna(individually), Juan Zepeda(individually), Gerardo Mota Bautista(on behalf of others similarly situated), Gerardo Mota Bautista (individually), Omar Rodriguez(on behalf of others similarly situated), Mario Morales Rojas(individually), Juan Luis Ovando Zepeda(on behalf of others similarly situated), Antonio Limon Hernandez(on behalf of others similarly situated), Hugo Bautista(individually), Julio Ricardo Alvarez Macatoma(individually), Leoncio Torres Acuna(on behalf of others similarly situated), Mario Morales Rojas(on behalf of others similarly situated), Omar Rodriguez(individually), Juan Zepeda(on behalf of others similarly situated), Hugo Bautista(on behalf of others similarly situated), Antonio Limon Hernandez, Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated), Juan Luis Ovando Zepeda(individually). Related document: #55 Amended Complaint,,,,,..(Faillace, Michael)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael Antonio Faillace to RE-FILE re: Document No. #55 Amended Complaint,,,,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong party/parties whom the pleading is against were selected; COUNTY-WIDE MASONRY CORP., CARBEN INDUSTRIES INC., CARBEN CONCRETE INC., CARBEN CONSTRUCTION INC., ANTHONY DERASMO, ANTHONY LOGIUDICE, and RONALD BROWNING must be added to the case. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended Complaint (Second) found under the event list Complaints and Other Initiating Documents - attach the PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pne)
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Filing 55
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR-SECOND AMENDED COMPLAINT amending #1 Complaint,,,, #39 Amended Complaint,,,, against Countywide Builders, Inc., Martin Doe, Jordan Garrido, Mike Garrido, Edward M. Geerlof Jr., Noble Construction Group, LLC, Mayer Weber with JURY DEMAND.Document filed by Leoncio Torres Acuna(individually), Juan Zepeda(individually), Gerardo Mota Bautista(on behalf of others similarly situated), Gerardo Mota Bautista (individually), Omar Rodriguez(on behalf of others similarly situated), Mario Morales Rojas(individually), Juan Luis Ovando Zepeda(on behalf of others similarly situated), Antonio Limon Hernandez(on behalf of others similarly situated), Hugo Bautista(individually), Julio Ricardo Alvarez Macatoma(individually), Leoncio Torres Acuna(on behalf of others similarly situated), Mario Morales Rojas(on behalf of others similarly situated), Omar Rodriguez(individually), Juan Zepeda(on behalf of others similarly situated), Hugo Bautista(on behalf of others similarly situated), Antonio Limon Hernandez, Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated), Juan Luis Ovando Zepeda(individually). Related document: #1 Complaint,,,, #39 Amended Complaint,,,,..(Faillace, Michael) Modified on 7/23/2020 (pne).
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Filing 54
ORDER: granting #52 Letter Motion for Extension of Time to Amend Amended Pleadings due by 7/22/2020. GRANTED. By July 22, 2020, Plaintiffs shall re-file their amended complaint. SO ORDERED. (Signed by Judge Analisa Torres on 7/17/2020) (ama) Modified on 7/20/2020 (ama).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael Antonio Faillace re: Document No. #53 Amended Complaint. The filing is deficient for the following reason(s): Court's leave has not been granted. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (sj)
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Filing 53
FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON- COMPLIANCE SECOND AMENDED COMPLAINT amending #39 Amended Complaint against Countywide Builders, Inc., Martin Doe, Jordan Garrido, Mike Garrido, Edward M. Geerlof Jr., Noble Construction Group, LLC, Mayer Weber with JURY DEMAND.Document filed by Leoncio Torres Acuna(individually), Juan Zepeda(individually), Gerardo Mota Bautista(on behalf of others similarly situated), Gerardo Mota Bautista (individually), Omar Rodriguez(on behalf of others similarly situated), Mario Morales Rojas(individually), Juan Luis Ovando Zepeda(on behalf of others similarly situated), Antonio Limon Hernandez(on behalf of others similarly situated), Hugo Bautista(individually), Julio Ricardo Alvarez Macatoma(individually), Leoncio Torres Acuna(on behalf of others similarly situated), Mario Morales Rojas(on behalf of others similarly situated), Omar Rodriguez(individually), Juan Zepeda(on behalf of others similarly situated), Hugo Bautista(on behalf of others similarly situated), Antonio Limon Hernandez, Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated), Juan Luis Ovando Zepeda(individually). Related document: #39 Amended Complaint.(Faillace, Michael) Modified on 7/17/2020 (sj).
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Filing 52
FIRST LETTER MOTION for Extension of Time to Amend #39 Amended Complaint,,,, addressed to Judge Analisa Torres from Michael Faillace dated July 15, 2020. Document filed by Hugo Bautista(individually), Hugo Bautista(on behalf of others similarly situated), Antonio Limon Hernandez(on behalf of others similarly situated), Antonio Limon Hernandez, Juan Luis Ovando Zepeda(on behalf of others similarly situated), Juan Luis Ovando Zepeda(individually), Mario Morales Rojas(individually), Mario Morales Rojas(on behalf of others similarly situated), Gerardo Mota Bautista(on behalf of others similarly situated), Gerardo Mota Bautista (individually), Julio Ricardo Alvarez Macatoma(individually), Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated), Omar Rodriguez(on behalf of others similarly situated), Omar Rodriguez(individually), Leoncio Torres Acuna(individually), Leoncio Torres Acuna(on behalf of others similarly situated), Juan Zepeda(individually), Juan Zepeda(on behalf of others similarly situated)..(Faillace, Michael)
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MEDIATION CONFERENCE NOT HELD Mediation Conference scheduled for 6/22/2020 at Counsel's Office was not held. Mediation Status due by 7/20/2020.(ah)
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Filing 51
STIPULATION OF VOLUNTARY DISMISSAL AS TO NOBLE CONSTRUCTION LLC AND EDWARD GEERLOF JR.: IT IS HEREBY STIPULATED and agreed, by and between the undersigned attorneys for the parties, that the Complaint and any and all claims that were or could have been asserted in this action against Defendant NOBLE CONSTRUCTION LLC and EDWARD GEERLOF JR. are hereby dismissed in their entirety, without prejudice, and with each party to bear its own costs, expenses, disbursements, and attorneys' fees. SO ORDERED. Edward M. Geerlof Jr. and Noble Construction Group, LLC terminated. (Signed by Judge Analisa Torres on 7/9/2020) (kv)
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Filing 50
STIPULATION OF VOLUNTARY DISMISSAL AS TO JORDAN GARRIDO and MIKE GARRIDO: IT IS HEREBY STIPULATED and agreed, by and between the undersigned attorneys for the parties, that the Complaint and any and all claims that were or could have been asserted in this action against Defendant JORDAN GARRIDO and MIKE GARRIDO are hereby dismissed in their entirety, without prejudice, and with each party to bear its own costs, expenses, disbursements, and attorneys' fees. SO ORDERED. Jordan Garrido and Mike Garrido terminated. (Signed by Judge Analisa Torres on 7/9/2020) (jca)
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Filing 49
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Edward M. Geerlof Jr., Noble Construction Group, LLC and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Leoncio Torres Acuna(individually), Juan Zepeda(individually), Gerardo Mota Bautista(on behalf of others similarly situated), Gerardo Mota Bautista (individually), Omar Rodriguez(on behalf of others similarly situated), Mario Morales Rojas(individually), Juan Luis Ovando Zepeda(on behalf of others similarly situated), Antonio Limon Hernandez(on behalf of others similarly situated), Hugo Bautista(individually), Julio Ricardo Alvarez Macatoma(individually), Leoncio Torres Acuna(on behalf of others similarly situated), Mario Morales Rojas(on behalf of others similarly situated), Omar Rodriguez(individually), Juan Zepeda(on behalf of others similarly situated), Hugo Bautista(on behalf of others similarly situated), Antonio Limon Hernandez, Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated), Juan Luis Ovando Zepeda(individually). Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Errington, Clela)
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Filing 48
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Jordan Garrido, Mike Garrido and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Leoncio Torres Acuna(individually), Juan Zepeda(individually), Gerardo Mota Bautista(on behalf of others similarly situated), Gerardo Mota Bautista (individually), Omar Rodriguez(on behalf of others similarly situated), Mario Morales Rojas(individually), Juan Luis Ovando Zepeda(on behalf of others similarly situated), Antonio Limon Hernandez(on behalf of others similarly situated), Hugo Bautista(individually), Julio Ricardo Alvarez Macatoma(individually), Leoncio Torres Acuna(on behalf of others similarly situated), Mario Morales Rojas(on behalf of others similarly situated), Omar Rodriguez(individually), Juan Zepeda(on behalf of others similarly situated), Hugo Bautista(on behalf of others similarly situated), Antonio Limon Hernandez, Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated), Juan Luis Ovando Zepeda(individually). Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Errington, Clela)
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***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #48 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Analisa Torres for approval for the following reason(s): the stipulation of dismissal is not pursuant to F.R.C.P. 41(a)(1)(A)(ii); the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (dt)
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***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #49 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Analisa Torres for approval for the following reason(s): the stipulation of dismissal is not pursuant to F.R.C.P. 41(a)(1)(A)(ii); the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (dt)
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Filing 47
ORDER granting in part and denying in part #46 Letter Motion to Adjourn Conference. GRANTED in part, DENIED in part. By July 15, 2020, Plaintiffs shall file any request for leave to amend. The initial pretrial conference scheduled for July 1, 2020 is ADJOURNED to September 16, 2020, at 11:00 a.m. The conference will be conducted telephonically, and the parties are directed to use the dial-in information previously provided. See ECF No. 43. By September 9, 2020, the parties shall submit their joint letter and proposed case management plan. SO ORDERED. Initial Conference set for 9/16/2020 at 11:00 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 6/24/2020) (kv) Modified on 6/30/2020 (kv).
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Filing 46
LETTER MOTION to Adjourn Conference addressed to Judge Analisa Torres from Plaintiffs dated 6/24/2020. Document filed by Hugo Bautista(individually), Hugo Bautista(on behalf of others similarly situated), Antonio Limon Hernandez(on behalf of others similarly situated), Antonio Limon Hernandez, Juan Luis Ovando Zepeda(on behalf of others similarly situated), Juan Luis Ovando Zepeda(individually), Mario Morales Rojas(individually), Mario Morales Rojas(on behalf of others similarly situated), Gerardo Mota Bautista(on behalf of others similarly situated), Gerardo Mota Bautista (individually), Julio Ricardo Alvarez Macatoma(individually), Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated), Omar Rodriguez(on behalf of others similarly situated), Omar Rodriguez(individually), Leoncio Torres Acuna(individually), Leoncio Torres Acuna(on behalf of others similarly situated), Juan Zepeda(individually), Juan Zepeda(on behalf of others similarly situated)..(Errington, Clela)
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MEDIATION CONFERENCE SCHEDULED First Mediation Conference scheduled for 6/22/2020 at 10:00 AM by phone or video conference..(rpr)
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Filing 45
FIRST SET OF INTERROGATORIES to Plaintiffs Gerardo Mota Bautista, Hugo Bautista, Juan Luis Ovando Zepeda, Juan Zepeda, Julio Ricardo Alvarez Macatoma, Leoncio Torres Acuna, Mario Morales Rojas, Omar Rodriguez and Antonio Limon Hernandez.Document filed by Mike Garrido. (Attachments: #1 Supplement).(Rizzuto, Donald)
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Filing 44
ANSWER to #39 Amended Complaint,,,,. Document filed by Mike Garrido..(Rizzuto, Donald)
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Filing 43
ORDER granting in part and denying in part #42 Letter Motion to Adjourn Conference. GRANTED in part, DENIED in part. The deadline by which the parties shall schedule mediation is extended nunc pro tunc to May 15, 2020. The initial pretrial conference scheduled for April 16, 2020 is ADJOURNED to July 1, 2020, at 11:00 a.m. By June 24, 2020, the parties shall submit their joint letter and proposed case management plan. The initial pretrial conference will be conducted telephonically. The parties are directed to call (888) 398-2342 or (215) 861-0674, and enter access code 5598827. Initial Conference set for 7/1/2020 at 11:00 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 4/13/2020) (cf) Modified on 4/15/2020 (cf).
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Filing 42
CONSENT LETTER MOTION to Adjourn Conference addressed to Judge Analisa Torres from Plaintiffs dated 4/13/2020. Document filed by Hugo Bautista(individually), Hugo Bautista(on behalf of others similarly situated), Antonio Limon Hernandez(on behalf of others similarly situated), Antonio Limon Hernandez, Juan Luis Ovando Zepeda(on behalf of others similarly situated), Juan Luis Ovando Zepeda(individually), Mario Morales Rojas(individually), Mario Morales Rojas(on behalf of others similarly situated), Gerardo Mota Bautista(on behalf of others similarly situated), Gerardo Mota Bautista (individually), Julio Ricardo Alvarez Macatoma(individually), Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated), Omar Rodriguez(on behalf of others similarly situated), Omar Rodriguez(individually), Leoncio Torres Acuna(individually), Leoncio Torres Acuna(on behalf of others similarly situated), Juan Zepeda(individually), Juan Zepeda(on behalf of others similarly situated)..(Errington, Clela)
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Filing 41
ORDER: Accordingly, by April 14, 2020, the parties shall submit such materials or request adjournment of the conference. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 4/13/2020) (cf)
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Filing 40
ANSWER to #39 Amended Complaint,,,,. Document filed by Edward M. Geerlof Jr., Noble Construction Group, LLC..(Maguire, Amanda)
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Filing 39
FIRST AMENDED COMPLAINT amending #1 Complaint,,,, #38 Amended Complaint,,,, against Martin Doe, Jordan Garrido, Mike Garrido, Edward M. Geerlof Jr., Noble Construction Group, LLC with JURY DEMAND.Document filed by Leoncio Torres Acuna(individually), Juan Zepeda(individually), Gerardo Mota Bautista(on behalf of others similarly situated), Gerardo Mota Bautista (individually), Omar Rodriguez(on behalf of others similarly situated), Mario Morales Rojas(individually), Juan Luis Ovando Zepeda(on behalf of others similarly situated), Antonio Limon Hernandez(on behalf of others similarly situated), Hugo Bautista(individually), Julio Ricardo Alvarez Macatoma(individually), Leoncio Torres Acuna(on behalf of others similarly situated), Mario Morales Rojas(on behalf of others similarly situated), Omar Rodriguez(individually), Juan Zepeda(on behalf of others similarly situated), Hugo Bautista(on behalf of others similarly situated), Antonio Limon Hernandez, Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated), Juan Luis Ovando Zepeda(individually). Related document: #1 Complaint,,,, #38 Amended Complaint,,,,..(Errington, Clela)
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ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Leoncio Torres Acuna(individually), Juan Zepeda(individually), Gerardo Mota Bautista(on behalf of others similarly situated), Gerardo Mota Bautista (individually), Omar Rodriguez(on behalf of others similarly situated), Mario Morales Rojas(individually), Juan Luis Ovando Zepeda(on behalf of others similarly situated), Hugo Bautista(individually), Julio Ricardo Alvarez Macatoma(individually), Leoncio Torres Acuna(on behalf of others similarly situated), Mario Morales Rojas(on behalf of others similarly situated), Omar Rodriguez(individually), Juan Zepeda(on behalf of others similarly situated), Hugo Bautista(on behalf of others similarly situated), Antonio Limon Hernandez, Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated), Antonio Limon Hernandez added. Party added pursuant to #38 Amended Complaint,,,,.Document filed by Leoncio Torres Acuna(individually), Juan Zepeda(individually), Gerardo Mota Bautista(on behalf of others similarly situated), Gerardo Mota Bautista (individually), Omar Rodriguez(on behalf of others similarly situated), Mario Morales Rojas(individually), Juan Luis Ovando Zepeda(on behalf of others similarly situated), Hugo Bautista(individually), Julio Ricardo Alvarez Macatoma(individually), Leoncio Torres Acuna(on behalf of others similarly situated), Mario Morales Rojas(on behalf of others similarly situated), Omar Rodriguez(individually), Juan Zepeda(on behalf of others similarly situated), Hugo Bautista(on behalf of others similarly situated), Antonio Limon Hernandez, Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated), Antonio Limon Hernandez. Related document: #38 Amended Complaint,,,,..(Errington, Clela)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael Antonio Faillace to RE-FILE re: Document No. #38 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; Antonio Limon Hernandez must be added to the case a second time, with 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.. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pne)
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Filing 38
FILING ERROR - DEFICIENT PLEADING - FILER ERROR - FIRST AMENDED COMPLAINT amending #1 Complaint,,,, against Martin Doe, Jordan Garrido, Mike Garrido, Edward M. Geerlof Jr., Noble Construction Group, LLC with JURY DEMAND.Document filed by Leoncio Torres Acuna(individually), Juan Zepeda(individually), Gerardo Mota Bautista(on behalf of others similarly situated), Gerardo Mota Bautista (individually), Omar Rodriguez(on behalf of others similarly situated), Mario Morales Rojas(individually), Juan Luis Ovando Zepeda(on behalf of others similarly situated), Hugo Bautista(individually), Julio Ricardo Alvarez Macatoma(individually), Leoncio Torres Acuna(on behalf of others similarly situated), Mario Morales Rojas(on behalf of others similarly situated), Omar Rodriguez(individually), Juan Zepeda(on behalf of others similarly situated), Hugo Bautista(on behalf of others similarly situated), Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated), Juan Luis Ovando Zepeda(individually), Antonio Limon Hernandez. Related document: #1 Complaint,,,,..(Faillace, Michael) Modified on 3/20/2020 (pne).
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Filing 37
ORDER granting #36 Letter Motion to Substitute Attorney. The substitution of attorney is hereby approved and SO ORDERED. Attorney Mark F. Magnozzi terminated (Signed by Judge Analisa Torres on 3/6/2020) (cf)
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Filing 36
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION to Substitute Attorney. Old Attorney: Mark F. Magnozzi, New Attorney: Donald N. Rizzuto addressed to Judge Analisa Torres from Donald N. Rizzuto dated March 6, 2020. Document filed by Jordan Garrido, Mike Garrido..(Rizzuto, Donald) Modified on 4/3/2020 (ldi).
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Filing 35
ORDER granting #34 Letter Motion for Extension of Time. GRANTED. By March 20, 2020, the parties shall schedule mediation in this matter. (Signed by Judge Analisa Torres on 3/5/2020) (cf)
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Filing 34
LETTER MOTION for Extension of Time to Schedule Mediation addressed to Judge Analisa Torres from Clela A. Errington, Esq. dated 3/5/2020. Document filed by Hugo Bautista(individually), Hugo Bautista(on behalf of others similarly situated), Juan Luis Ovando Zepeda(on behalf of others similarly situated), Juan Luis Ovando Zepeda(individually), Mario Morales Rojas(individually), Mario Morales Rojas(on behalf of others similarly situated), Gerardo Mota Bautista(on behalf of others similarly situated), Gerardo Mota Bautista (individually), Julio Ricardo Alvarez Macatoma(individually), Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated), Omar Rodriguez(on behalf of others similarly situated), Omar Rodriguez(individually), Leoncio Torres Acuna(individually), Leoncio Torres Acuna(on behalf of others similarly situated), Juan Zepeda(individually), Juan Zepeda(on behalf of others similarly situated)..(Errington, Clela)
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Filing 33
ANSWER to #1 Complaint,,,,. Document filed by Edward M. Geerlof Jr., Noble Construction Group, LLC..(Maguire, Amanda)
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Filing 32
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Edward M. Geerlof Jr., Noble Construction Group, LLC..(Maguire, Amanda)
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Filing 31
NOTICE OF APPEARANCE by Clela Alice Errington on behalf of Hugo Bautista(individually), Hugo Bautista(on behalf of others similarly situated), Juan Luis Ovando Zepeda(on behalf of others similarly situated), Juan Luis Ovando Zepeda(individually), Mario Morales Rojas(individually), Mario Morales Rojas(on behalf of others similarly situated), Gerardo Mota Bautista(on behalf of others similarly situated), Gerardo Mota Bautista (individually), Julio Ricardo Alvarez Macatoma(individually), Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated), Omar Rodriguez(on behalf of others similarly situated), Omar Rodriguez(individually), Leoncio Torres Acuna(individually), Leoncio Torres Acuna(on behalf of others similarly situated), Juan Zepeda(individually), Juan Zepeda(on behalf of others similarly situated)..(Errington, Clela)
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NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 3/9/2020..(ms)
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Filing 30
ORDER: Granting in part and Denying in part #29 Letter Motion to Adjourn Conference. GRANTED in part, DENIED in part. The initial pretrial conference scheduled for January 29, 2020 is ADJOURNED to April 16, 2020, at 11:00 a.m. By April 9, 2020, the parties shall submit their joint letter and proposed case management plan. SO ORDERED. Initial Conference set for 4/16/2020 at 11:00 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 1/22/2020) (ama)
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Filing 29
LETTER MOTION to Adjourn Conference , on Consent, addressed to Judge Analisa Torres from Jesse S. Barton, Esq. dated January 22, 2020. Document filed by Hugo Bautista(individually), Hugo Bautista(on behalf of others similarly situated), Juan Luis Ovando Zepeda(on behalf of others similarly situated), Juan Luis Ovando Zepeda(individually), Mario Morales Rojas(individually), Mario Morales Rojas(on behalf of others similarly situated), Gerardo Mota Bautista(on behalf of others similarly situated), Gerardo Mota Bautista (individually), Julio Ricardo Alvarez Macatoma(individually), Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated), Omar Rodriguez(on behalf of others similarly situated), Omar Rodriguez(individually), Leoncio Torres Acuna(individually), Leoncio Torres Acuna(on behalf of others similarly situated), Juan Zepeda(individually), Juan Zepeda(on behalf of others similarly situated).(Faillace, Michael)
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Filing 28
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 1/23/2020. (Signed by Judge Analisa Torres on 12/10/2019) (mf)
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Filing 27
NOTICE OF APPEARANCE by Amanda Elizabeth Maguire on behalf of Edward M. Geerlof Jr., Noble Construction Group, LLC. (Maguire, Amanda)
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Filing 26
WAIVER OF SERVICE RETURNED EXECUTED. Edward M. Geerlof Jr. waiver sent on 12/30/2019, answer due 2/28/2020; Noble Construction Group, LLC waiver sent on 12/30/2019, answer due 2/28/2020. Document filed by Leoncio Torres Acuna(individually); Juan Zepeda(individually); Gerardo Mota Bautista(on behalf of others similarly situated); Gerardo Mota Bautista (individually); Omar Rodriguez(on behalf of others similarly situated); Mario Morales Rojas(individually); Juan Luis Ovando Zepeda(on behalf of others similarly situated); Hugo Bautista(individually); Julio Ricardo Alvarez Macatoma(individually); Leoncio Torres Acuna(on behalf of others similarly situated); Mario Morales Rojas(on behalf of others similarly situated); Omar Rodriguez(individually); Juan Zepeda(on behalf of others similarly situated); Hugo Bautista(on behalf of others similarly situated); Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated); Juan Luis Ovando Zepeda(individually). (Faillace, Michael)
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Filing 25
NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE AS TO DEFENDANT MAYER WEBER: Plaintiffs, by their attorneys, Michael Faillace & Associates, P.C., hereby voluntarily dismiss this action as against Defendant Mayer Weber, without prejudice, pursuant to Fed. R. Civ. P. 41(a)(1)(A). GRANTED. The Clerk of Court is directed to terminate Mayer Weber from this action. Mayer Weber terminated. (Signed by Judge Analisa Torres on 12/20/2019) (cf)
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Filing 24
NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE AS TO DEFENDANT COUNTYWIDE BUILDERS, INC. (D/B/A COUNTYWIDE BUILDERS): Plaintiffs, by their attorneys, Michael Faillace & Associates, P.C., hereby voluntarily dismiss this action as against Defendant Countywide Builders, Inc. (d/b/a Countywide Builders), without prejudice, pursuant to Fed. R. Civ. P. 41(a)(1)(A). GRANTED. The Clerk of Court is directed to terminate Countywide Builders, Inc. (d/b/a Countywide Builders) from this action. Countywide Builders, Inc. terminated. (Signed by Judge Analisa Torres on 12/20/2019) (cf) Modified on 12/20/2019 (cf).
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Filing 23
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) Countywide Builders, Inc.. Document filed by Leoncio Torres Acuna(individually), Juan Zepeda(individually), Gerardo Mota Bautista(on behalf of others similarly situated), Gerardo Mota Bautista (individually), Omar Rodriguez(on behalf of others similarly situated), Mario Morales Rojas(individually), Juan Luis Ovando Zepeda(on behalf of others similarly situated), Hugo Bautista(individually), Julio Ricardo Alvarez Macatoma(individually), Leoncio Torres Acuna(on behalf of others similarly situated), Mario Morales Rojas(on behalf of others similarly situated), Omar Rodriguez(individually), Juan Zepeda(on behalf of others similarly situated), Hugo Bautista(on behalf of others similarly situated), Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated), Juan Luis Ovando Zepeda(individually). Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Barton, Jesse)
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Filing 22
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) Mayer Weber. Document filed by Leoncio Torres Acuna(individually), Juan Zepeda(individually), Gerardo Mota Bautista(on behalf of others similarly situated), Gerardo Mota Bautista (individually), Omar Rodriguez(on behalf of others similarly situated), Mario Morales Rojas(individually), Juan Luis Ovando Zepeda(on behalf of others similarly situated), Hugo Bautista(individually), Julio Ricardo Alvarez Macatoma(individually), Leoncio Torres Acuna(on behalf of others similarly situated), Mario Morales Rojas(on behalf of others similarly situated), Omar Rodriguez(individually), Juan Zepeda(on behalf of others similarly situated), Hugo Bautista(on behalf of others similarly situated), Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated), Juan Luis Ovando Zepeda(individually). Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Barton, Jesse)
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Filing 21
FILING ERROR - DEFICIENT DOCKET ENTRY - 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) Mayer Weber. Document filed by All Plaintiffs. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Faillace, Michael) Modified on 12/17/2019 (dt).
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Filing 20
FILING ERROR - DEFICIENT DOCKET ENTRY - 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) Countywide Builders, Inc.. Document filed by All Plaintiffs. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Faillace, Michael) Modified on 12/17/2019 (dt).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Michael Faillace. RE-FILE Document No. #20 Notice of Voluntary Dismissal. The filing is deficient for the following reason(s): the wrong filer/filers was/were selected for the voluntary dismissal. Re-file the document using the event type Notice of Voluntary Dismissal found under the event list Notices - select the correct filer/filers by name not all- select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. (dt)
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***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #22 Notice of Voluntary Dismissal was reviewed and referred to Judge Analisa Torres for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal in a case that has been certified as a class action; the plaintiff(s) filed their voluntary dismissal in a Fair Labor Standards Act (FLSA) case. (dt)
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***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #23 Notice of Voluntary Dismissal was reviewed and referred to Judge Analisa Torres 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; the plaintiff(s) filed their voluntary dismissal in a Fair Labor Standards Act (FLSA) case. (dt)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Michael Faillace. RE-FILE Document No. #21 Notice of Voluntary Dismissal. The filing is deficient for the following reason(s): the wrong filer/filers was/were selected for the voluntary dismissal. Re-file the document using the event type Notice of Voluntary Dismissal found under the event list Notices - select the correct filer/filers by name not all- select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. (dt)
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Filing 19
NOTICE OF APPEARANCE by Mark F. Magnozzi on behalf of Jordan Garrido, Mike Garrido. (Magnozzi, Mark)
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Filing 18
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (Signed by Judge Analisa Torres on 10/1/2019) (mro)
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Filing 17
INITIAL PRETRIAL CONFERENCE ORDER: Initial Conference set for 1/29/2020 at 10:40 AM in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres. (Signed by Judge Analisa Torres on 10/1/2019) (mro)
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Filing 16
ELECTRONIC SUMMONS ISSUED as to Mike Garrido. (pc)
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Filing 15
ELECTRONIC SUMMONS ISSUED as to Martin Doe. (pc)
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Filing 14
ELECTRONIC SUMMONS ISSUED as to Edward M. Geerlof Jr.. (pc)
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Filing 13
ELECTRONIC SUMMONS ISSUED as to Mayer Weber. (pc)
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Filing 12
ELECTRONIC SUMMONS ISSUED as to Noble Construction Group, LLC. (pc)
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Filing 11
ELECTRONIC SUMMONS ISSUED as to Jordan Garrido. (pc)
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Filing 10
ELECTRONIC SUMMONS ISSUED as to Countywide Builders, Inc.. (pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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)
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Magistrate Judge Debra C. Freeman 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)
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Case Designated ECF. (pc)
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Filing 9
REQUEST FOR ISSUANCE OF SUMMONS as to Martin Doe, re: #1 Complaint,,,,. Document filed by Hugo Bautista(individually), Hugo Bautista(on behalf of others similarly situated), Juan Luis Ovando Zepeda(on behalf of others similarly situated), Juan Luis Ovando Zepeda(individually), Mario Morales Rojas(individually), Mario Morales Rojas(on behalf of others similarly situated), Gerardo Mota Bautista(on behalf of others similarly situated), Gerardo Mota Bautista (individually), Julio Ricardo Alvarez Macatoma(individually), Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated), Omar Rodriguez(on behalf of others similarly situated), Omar Rodriguez(individually), Leoncio Torres Acuna(individually), Leoncio Torres Acuna(on behalf of others similarly situated), Juan Zepeda(individually), Juan Zepeda(on behalf of others similarly situated). (Faillace, Michael)
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Filing 8
REQUEST FOR ISSUANCE OF SUMMONS as to Mike Garrido, re: #1 Complaint,,,,. Document filed by Hugo Bautista(individually), Hugo Bautista(on behalf of others similarly situated), Juan Luis Ovando Zepeda(on behalf of others similarly situated), Juan Luis Ovando Zepeda(individually), Mario Morales Rojas(individually), Mario Morales Rojas(on behalf of others similarly situated), Gerardo Mota Bautista(on behalf of others similarly situated), Gerardo Mota Bautista (individually), Julio Ricardo Alvarez Macatoma(individually), Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated), Omar Rodriguez(on behalf of others similarly situated), Omar Rodriguez(individually), Leoncio Torres Acuna(individually), Leoncio Torres Acuna(on behalf of others similarly situated), Juan Zepeda(individually), Juan Zepeda(on behalf of others similarly situated). (Faillace, Michael)
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Filing 7
REQUEST FOR ISSUANCE OF SUMMONS as to Jordan Garrido, re: #1 Complaint,,,,. Document filed by Hugo Bautista(individually), Hugo Bautista(on behalf of others similarly situated), Juan Luis Ovando Zepeda(on behalf of others similarly situated), Juan Luis Ovando Zepeda(individually), Mario Morales Rojas(individually), Mario Morales Rojas(on behalf of others similarly situated), Gerardo Mota Bautista(on behalf of others similarly situated), Gerardo Mota Bautista (individually), Julio Ricardo Alvarez Macatoma(individually), Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated), Omar Rodriguez(on behalf of others similarly situated), Omar Rodriguez(individually), Leoncio Torres Acuna(individually), Leoncio Torres Acuna(on behalf of others similarly situated), Juan Zepeda(individually), Juan Zepeda(on behalf of others similarly situated). (Faillace, Michael)
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Filing 6
REQUEST FOR ISSUANCE OF SUMMONS as to Mayer Weber, re: #1 Complaint,,,,. Document filed by Hugo Bautista(individually), Hugo Bautista(on behalf of others similarly situated), Juan Luis Ovando Zepeda(on behalf of others similarly situated), Juan Luis Ovando Zepeda(individually), Mario Morales Rojas(individually), Mario Morales Rojas(on behalf of others similarly situated), Gerardo Mota Bautista(on behalf of others similarly situated), Gerardo Mota Bautista (individually), Julio Ricardo Alvarez Macatoma(individually), Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated), Omar Rodriguez(on behalf of others similarly situated), Omar Rodriguez(individually), Leoncio Torres Acuna(individually), Leoncio Torres Acuna(on behalf of others similarly situated), Juan Zepeda(individually), Juan Zepeda(on behalf of others similarly situated). (Faillace, Michael)
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to Edward M. Geerlof Jr., re: #1 Complaint,,,,. Document filed by Hugo Bautista(individually), Hugo Bautista(on behalf of others similarly situated), Juan Luis Ovando Zepeda(on behalf of others similarly situated), Juan Luis Ovando Zepeda(individually), Mario Morales Rojas(individually), Mario Morales Rojas(on behalf of others similarly situated), Gerardo Mota Bautista(on behalf of others similarly situated), Gerardo Mota Bautista (individually), Julio Ricardo Alvarez Macatoma(individually), Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated), Omar Rodriguez(on behalf of others similarly situated), Omar Rodriguez(individually), Leoncio Torres Acuna(individually), Leoncio Torres Acuna(on behalf of others similarly situated), Juan Zepeda(individually), Juan Zepeda(on behalf of others similarly situated). (Faillace, Michael)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Noble Construction Group, LLC (d/b/a Noble Construction Group), re: #1 Complaint,,,,. Document filed by Hugo Bautista(individually), Hugo Bautista(on behalf of others similarly situated), Juan Luis Ovando Zepeda(on behalf of others similarly situated), Juan Luis Ovando Zepeda(individually), Mario Morales Rojas(individually), Mario Morales Rojas(on behalf of others similarly situated), Gerardo Mota Bautista(on behalf of others similarly situated), Gerardo Mota Bautista (individually), Julio Ricardo Alvarez Macatoma(individually), Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated), Omar Rodriguez(on behalf of others similarly situated), Omar Rodriguez(individually), Leoncio Torres Acuna(individually), Leoncio Torres Acuna(on behalf of others similarly situated), Juan Zepeda(individually), Juan Zepeda(on behalf of others similarly situated). (Faillace, Michael)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Countywide Builders, Inc. (d/b/a Countywide Builders), re: #1 Complaint,,,,. Document filed by Hugo Bautista(individually), Hugo Bautista(on behalf of others similarly situated), Juan Luis Ovando Zepeda(on behalf of others similarly situated), Juan Luis Ovando Zepeda(individually), Mario Morales Rojas(individually), Mario Morales Rojas(on behalf of others similarly situated), Gerardo Mota Bautista(on behalf of others similarly situated), Gerardo Mota Bautista (individually), Julio Ricardo Alvarez Macatoma(individually), Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated), Omar Rodriguez(on behalf of others similarly situated), Omar Rodriguez(individually), Leoncio Torres Acuna(individually), Leoncio Torres Acuna(on behalf of others similarly situated), Juan Zepeda(individually), Juan Zepeda(on behalf of others similarly situated). (Faillace, Michael)
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Filing 2
CIVIL COVER SHEET filed. (Faillace, Michael)
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Filing 1
COMPLAINT against Countywide Builders, Inc., Martin Doe, Jordan Garrido, Mike Garrido, Edward M. Geerlof Jr., Noble Construction Group, LLC, Mayer Weber. (Filing Fee $ 400.00, Receipt Number ANYSDC-17645510)Document filed by Leoncio Torres Acuna(individually), Juan Zepeda(individually), Gerardo Mota Bautista(on behalf of others similarly situated), Gerardo Mota Bautista (individually), Omar Rodriguez(on behalf of others similarly situated), Mario Morales Rojas(individually), Juan Luis Ovando Zepeda(on behalf of others similarly situated), Hugo Bautista(individually), Julio Ricardo Alvarez Macatoma(individually), Leoncio Torres Acuna(on behalf of others similarly situated), Mario Morales Rojas(on behalf of others similarly situated), Omar Rodriguez(individually), Juan Zepeda(on behalf of others similarly situated), Hugo Bautista(on behalf of others similarly situated), Julio Ricardo Alvarez Macatoma(on behalf of others similarly situated), Juan Luis Ovando Zepeda(individually).(Faillace, Michael)
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