Cortes et al v. Diamante Poblano Restaurant Corp. et al
Plaintiff: Estela B Cortes and Miriam Ivonne Capetillo Capetillo
Defendant: Francisco Diaz, Noemi Diaz, Leticia Diaz, Kiko and Diamante Poblano Restaurant Corp.
Case Number: 1:2019cv09495
Filed: October 15, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: J Paul Oetken
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 201
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 30, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 27, 2019 Filing 29 CLERK'S CERTIFICATE OF DEFAULT as to Noemi Diaz. (km)
November 27, 2019 Filing 28 CLERK'S CERTIFICATE OF DEFAULT as to Francisco Diaz. (km)
November 27, 2019 Filing 27 CLERK'S CERTIFICATE OF DEFAULT as to Francisco Diaz (aka Kiko). (km)
November 27, 2019 Filing 26 CLERK'S CERTIFICATE OF DEFAULT as to Leticia Diaz. (km)
November 27, 2019 Filing 25 CLERK'S CERTIFICATE OF DEFAULT as to Diamante Poblano Restaurant Corp. (km)
November 26, 2019 Filing 24 AFFIRMATION of Michael Faillace in Support re: #22 Proposed Clerk's Certificate of Default, #23 Proposed Clerk's Certificate of Default, #20 Proposed Clerk's Certificate of Default, #21 Proposed Clerk's Certificate of Default, #19 Proposed Clerk's Certificate of Default,. Document filed by Miriam Ivonne Capetillo Capetillo(individually), Miriam Ivonne Capetillo Capetillo(on behalf of others similarly situated), Estela B Cortes(individually), Estela B Cortes (on behalf of others similarly situated). (Faillace, Michael)
November 26, 2019 Filing 23 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Miriam Ivonne Capetillo Capetillo(individually), Miriam Ivonne Capetillo Capetillo(on behalf of others similarly situated), Estela B Cortes(individually), Estela B Cortes (on behalf of others similarly situated). (Faillace, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
November 26, 2019 Filing 22 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Miriam Ivonne Capetillo Capetillo(individually), Miriam Ivonne Capetillo Capetillo(on behalf of others similarly situated), Estela B Cortes(individually), Estela B Cortes (on behalf of others similarly situated). (Faillace, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
November 26, 2019 Filing 21 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Miriam Ivonne Capetillo Capetillo(individually), Miriam Ivonne Capetillo Capetillo(on behalf of others similarly situated), Estela B Cortes(individually), Estela B Cortes (on behalf of others similarly situated). (Faillace, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
November 26, 2019 Filing 20 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Miriam Ivonne Capetillo Capetillo(individually), Miriam Ivonne Capetillo Capetillo(on behalf of others similarly situated), Estela B Cortes(individually), Estela B Cortes (on behalf of others similarly situated). (Faillace, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
November 26, 2019 Filing 19 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Miriam Ivonne Capetillo Capetillo(individually), Miriam Ivonne Capetillo Capetillo(on behalf of others similarly situated), Estela B Cortes(individually), Estela B Cortes (on behalf of others similarly situated). (Faillace, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
October 30, 2019 Filing 18 AFFIDAVIT OF SERVICE of Summons and Complaint,. Noemi Diaz served on 10/17/2019, answer due 11/7/2019. Service was accepted by Crystal Diaz, a relative. Document filed by Miriam Ivonne Capetillo Capetillo(individually); Estela B Cortes (on behalf of others similarly situated); Miriam Ivonne Capetillo Capetillo(on behalf of others similarly situated); Estela B Cortes(individually). (Faillace, Michael)
October 30, 2019 Filing 17 AFFIDAVIT OF SERVICE of Summons and Complaint,. Service was accepted by Crystal Diaz, a relative. Document filed by Miriam Ivonne Capetillo Capetillo(individually), Estela B Cortes (on behalf of others similarly situated), Miriam Ivonne Capetillo Capetillo(on behalf of others similarly situated), Estela B Cortes(individually). (Faillace, Michael)
October 30, 2019 Filing 16 AFFIDAVIT OF SERVICE of Summons and Complaint,. Francisco Diaz served on 10/17/2019, answer due 11/7/2019. Service was accepted by Crystal Diaz, a relative. Document filed by Miriam Ivonne Capetillo Capetillo(individually); Estela B Cortes (on behalf of others similarly situated); Miriam Ivonne Capetillo Capetillo(on behalf of others similarly situated); Estela B Cortes(individually). (Faillace, Michael)
October 30, 2019 Filing 15 AFFIDAVIT OF SERVICE of Summons and Complaint,. Leticia Diaz served on 10/17/2019, answer due 11/7/2019. Service was accepted by Crystal Diaz, a relative. Document filed by Miriam Ivonne Capetillo Capetillo(individually); Estela B Cortes (on behalf of others similarly situated); Miriam Ivonne Capetillo Capetillo(on behalf of others similarly situated); Estela B Cortes(individually). (Faillace, Michael)
October 30, 2019 Filing 14 AFFIDAVIT OF SERVICE of Summons and Complaint,. Diamante Poblano Restaurant Corp. served on 10/16/2019, answer due 11/6/2019. Service was accepted by Sue Zouky. Authorized Agent in the Office of the Secretary of State. Document filed by Miriam Ivonne Capetillo Capetillo(individually); Estela B Cortes (on behalf of others similarly situated); Miriam Ivonne Capetillo Capetillo(on behalf of others similarly situated); Estela B Cortes(individually). (Faillace, Michael)
October 16, 2019 Filing 13 NOTICE OF APPEARANCE by Yolanda Rivero on behalf of Miriam Ivonne Capetillo Capetillo(individually), Miriam Ivonne Capetillo Capetillo(on behalf of others similarly situated), Estela B Cortes(individually), Estela B Cortes (on behalf of others similarly situated). (Rivero, Yolanda)
October 16, 2019 Filing 12 ELECTRONIC SUMMONS ISSUED as to Noemi Diaz. (jgo)
October 16, 2019 Filing 11 ELECTRONIC SUMMONS ISSUED as to Leticia Diaz. (jgo)
October 16, 2019 Filing 10 ELECTRONIC SUMMONS ISSUED as to Francisco Diaz. (jgo)
October 16, 2019 Filing 9 ELECTRONIC SUMMONS ISSUED as to Francisco Diaz. (jgo)
October 16, 2019 Filing 8 ELECTRONIC SUMMONS ISSUED as to Diamante Poblano Restaurant Corp.. (jgo)
October 16, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (jgo)
October 16, 2019 Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (jgo)
October 16, 2019 Case Designated ECF. (jgo)
October 15, 2019 Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Noemi Diaz, re: #1 Complaint,. Document filed by Miriam Ivonne Capetillo Capetillo(individually), Miriam Ivonne Capetillo Capetillo(on behalf of others similarly situated), Estela B Cortes(individually), Estela B Cortes (on behalf of others similarly situated). (Faillace, Michael)
October 15, 2019 Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Leticia Diaz, re: #1 Complaint,. Document filed by Miriam Ivonne Capetillo Capetillo(individually), Miriam Ivonne Capetillo Capetillo(on behalf of others similarly situated), Estela B Cortes(individually), Estela B Cortes (on behalf of others similarly situated). (Faillace, Michael)
October 15, 2019 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Francisco Diaz, re: #1 Complaint,. Document filed by Miriam Ivonne Capetillo Capetillo(individually), Miriam Ivonne Capetillo Capetillo(on behalf of others similarly situated), Estela B Cortes(individually), Estela B Cortes (on behalf of others similarly situated). (Faillace, Michael)
October 15, 2019 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Francisco Diaz (aka Kiko), re: #1 Complaint,. Document filed by Miriam Ivonne Capetillo Capetillo(individually), Miriam Ivonne Capetillo Capetillo(on behalf of others similarly situated), Estela B Cortes(individually), Estela B Cortes (on behalf of others similarly situated). (Faillace, Michael)
October 15, 2019 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Diamante Poblano Restaurant Corp. (d/b/a Diamante Poblano), re: #1 Complaint,. Document filed by Miriam Ivonne Capetillo Capetillo(individually), Miriam Ivonne Capetillo Capetillo(on behalf of others similarly situated), Estela B Cortes(individually), Estela B Cortes (on behalf of others similarly situated). (Faillace, Michael)
October 15, 2019 Filing 2 CIVIL COVER SHEET filed. (Faillace, Michael)
October 15, 2019 Filing 1 COMPLAINT against Diamante Poblano Restaurant Corp., Francisco Diaz, Leticia Diaz, Noemi Diaz. (Filing Fee $ 400.00, Receipt Number ANYSDC-17770911)Document filed by Miriam Ivonne Capetillo Capetillo(individually), Estela B Cortes (on behalf of others similarly situated), Miriam Ivonne Capetillo Capetillo(on behalf of others similarly situated), Estela B Cortes(individually).(Faillace, Michael)

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Defendant: Francisco Diaz
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Defendant: Noemi Diaz
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Defendant: Leticia Diaz
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Defendant: Kiko
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Defendant: Diamante Poblano Restaurant Corp.
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Plaintiff: Estela B Cortes
Represented By: Michael Antonio Faillace
Represented By: Yolanda Rivero
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Plaintiff: Miriam Ivonne Capetillo Capetillo
Represented By: Michael Antonio Faillace
Represented By: Yolanda Rivero
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