Jimenez et al v. Fernandez et al
| Maria Santos Martinez and Elida Jimenez |
| 3236 Bainbridge Ave. Food Corp. and Aura E. Fernandez |
| 1:2019cv10492 |
| November 12, 2019 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 7, 2020. A more recent docket listing may be available from PACER.
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| Filing 20 NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO FRCP 41(a)(1)(A)(i): that the above-captioned action is voluntarily dismissed without prejudice pursuant to F.R.C.P. 41(a)(1)(A)(i) against the defendant(s) 3236 Bainbridge Ave. Food Corp., Aura E. Fernandez. The Clerk of Court is directed to close this case. All conferences are cancelled. All motions are moot. (Signed by Judge Jesse M. Furman on 1/7/2020) (tro) |
| Filing 19 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 against the defendant(s) 3236 Bainbridge Ave. Food Corp., Aura E. Fernandez. Document filed by Elida Jimenez, Maria Santos Martinez. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Rumack, Darren) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #19 Notice of Voluntary Dismissal was reviewed and referred to Judge Jesse M. Furman for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal in a Fair Labor Standards Act (FLSA) case. (km) |
| Filing 18 AFFIDAVIT of Darren Rumack re: #17 Order,,,,,,, Set Deadlines/Hearings,,,,,, Affidavit of Service. Document filed by Elida Jimenez, Maria Santos Martinez. (Rumack, Darren) |
Filing 17
ORDER SCHEDULING DEFAULT JUDGMENT BRIEFING AND SHOW CAUSE HEARING: In light of the foregoing, it is hereby ORDERED that any motion for default judgment shall be filed, in accordance with the Court's Individual Rules and Practices for Civil Cases (available at https://nysd.uscourts.gov/hon-jesse-m-furman), no later than January 17, 2020. Defendant shall file any opposition to the motion for default judgment no later than January 24, 2020. If a motion for default judgment is filed, it is further ORDERED that Defendants appear and show cause before this Court, Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York, on February 11, 2020, at 4:15 p.m., why an order should not be issued granting a default judgment against Defendants. Prior to that date, Plaintiffs must file the proposed default judgment order electronically, using the ECF Filing Event "Proposed Default Judgment," for the Clerk's approval. It is further ORDERED that Plaintiffs serve Defendants via overnight courier (1) with a copy of this Order within one business day of the date of this Order; and (2) with a copy of the motion for default judgment and all supporting papers within one business day of the date of any such motion. In each case, within two business days of service, Plaintiffs must file proof of such service on the docket. (And as further set forth herein.) SO ORDERED. (Motions due by 1/17/2020, Responses due by 1/24/2020, Show Cause Hearing set for 2/11/2020 at 04:15 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 1/3/2020) (jca)
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| Filing 16 CLERK'S CERTIFICATE OF DEFAULT as to Aura E. Fernandez, issued January 2, 2020. (dt) |
| Filing 15 CLERK'S CERTIFICATE OF DEFAULT as to 3236 Bainbridge Ave. Food Corp. d/b/a Mar & Tierra Restaurant and Lounge, issued January 2, 2020. (dt) |
| Filing 14 DECLARATION of Darren Rumack in Support re: #11 Proposed Clerk's Certificate of Default, #12 Proposed Clerk's Certificate of Default,. Document filed by Elida Jimenez, Maria Santos Martinez. (Attachments: #1 Exhibit Request for Clerk Certificate)(Rumack, Darren) |
| Filing 13 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Elida Jimenez, Maria Santos Martinez. (Rumack, Darren) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 1/2/2020 (dt). |
| Filing 12 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Elida Jimenez, Maria Santos Martinez. (Rumack, Darren) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| Filing 11 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Elida Jimenez, Maria Santos Martinez. (Rumack, Darren) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Darren Rumack to RE-FILE Document #13 Proposed Clerk's Certificate of Default. Use the event type Declaration in Support of a Non-Motion found under the event list Other Answers. Put the Declaration as the main document, then put the request behind it as an attachment. (dt) |
| Filing 10 SUMMONS RETURNED EXECUTED. Aura E. Fernandez served on 12/5/2019, answer due 12/26/2019. Service was accepted by "Jane Smith" co worker. Document filed by Elida Jimenez; Maria Santos Martinez. (Rumack, Darren) |
| Filing 9 SUMMONS RETURNED EXECUTED. 3236 Bainbridge Ave. Food Corp. served on 11/26/2019, answer due 12/17/2019. Service was accepted by Nancy Dougerty, Legal Clerk. Document filed by Elida Jimenez; Maria Santos Martinez. (Rumack, Darren) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to 3236 Bainbridge Ave. Food Corp., Aura E. Fernandez. (dnh) |
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Filing 7
ORDER SCHEDULING TELEPHONE CONFERENCE: This case has been referred to me for settlement purposes (docket no. 6). A telephone conference will be held on Wednesday, January 8, 2020 at 4:30 p.m. in advance of a settlement conference. The parties are directed to review Judge Parker's Individual Practices at http://nysd.uscourts.gov/judge/Parker concerning settlement conferences in advance of the call. Counsel for the parties are directed to call Judge Parker's Chambers at the scheduled time with counsel for all parties on the line. Please dial 212-805-0234. Plaintiffs are directed to serve this order, and a copy of the complaint on the Defendants. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 11/14/2019) Telephone Conference set for 1/8/2020 at 04:30 PM before Magistrate Judge Katharine H. Parker.(ks)
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Filing 6
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. The parties are directed to contact the chambers of Magistrate Judge Parker no later than one week after an answer is filed to schedule a settlement conference. Referred to Magistrate Judge Katharine H. Parker. (Signed by Judge Jesse M. Furman on 11/13/2019) (cf)
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Filing 5
ORDER REGARDING EARLY MEDIATION AND THE INITIAL PRETRIAL CONFERENCE: Initial Conference set for 2/11/2020 at 04:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (As further set forth in this Order.) (Signed by Judge Jesse M. Furman on 11/13/2019) (cf) Modified on 11/14/2019 (cf).
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| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to 3236 Bainbridge Ave. Food Corp. d/b/a Mar Y Tierra Restaurant and Lounge, and Aura E. Fernandez, re: #1 Complaint. Document filed by Elida Jimenez, Maria Santos Martinez. (Rumack, Darren) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Darren Paul Brian Rumack. The party information for the following party/parties has been modified: 3236 Bainbridge Ave. Food Corp.. The information for the party/parties has been modified for the following reason/reasons: alias party type was entered incorrectly. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Darren Paul Brian Rumack re: Document No. #1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; Elida Jimenez and Maria Santos Martinez must be added again on behalf of others similarly situated. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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. (sj) |
| Case Designated ECF. (sj) |
| Magistrate Judge Katharine H. Parker 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. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Darren Paul Brian Rumack to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Plaintiff's attorney information was omitted on PDF. 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) |
| Filing 3 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to 3236 Bainbridge Ave. Food Corp. d/b/a Mar Y Tierra Restaurant and Lounge, and Aura E. Fernandez, re: #1 Complaint. Document filed by Elida Jimenez, Maria Santos Martinez. (Rumack, Darren) Modified on 11/13/2019 (sj). |
| Filing 2 CIVIL COVER SHEET filed. (Rumack, Darren) |
| Filing 1 COMPLAINT against 3236 Bainbridge Ave. Food Corp., Aura E. Fernandez. (Filing Fee $ 400.00, Receipt Number ANYSDC-18043155)Document filed by Elida Jimenez, Maria Santos Martinez.(Rumack, Darren) |
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