Pereira v. KGN Enterprises Inc et al
| James Pereira |
| KGN Enterprises Inc, Aziz A. Khan and KGN Enterprises Inc doing business as Bawarchi Indian Cuisine |
| 1:2020cv01037 |
| February 6, 2020 |
| US District Court for the Southern District of New York |
| Katharine H Parker |
| Gregory H Woods |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 16, 2021. A more recent docket listing may be available from PACER.
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Filing 18
STIPULATION AND ORDER OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED by and between the parties herein that this action is hereby dismissed and discontinued in its entirety with prejudice pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, with no award of counsel fees or costs by the Court to either side. (Signed by Magistrate Judge Katharine H. Parker on 3/16/2021) (mro)
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| Filing 17 JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Justin Cilenti dated March 15, 2021 re: Settlement of FLSA Action. Document filed by James Pereira. (Attachments: #1 Settlement Agreement, #2 Stipulation and Order of Dismissal).(Cilenti, Giustino) |
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Filing 16
ORDER: Per ECF Nos. 10 and 11 in the above-referenced case, the parties appear to have reached a settlement. However, no settlement has been filed on the docket and the parties have not filed a letter with respect to the fairness of the settlement terms. See Cheeks v. Freeport Pancake House, Inc., 796 F.3d 1999 (2d Cir. 2015) (requiring judicial fairness review of FLSA settlements). Accordingly, the parties shall file a motion for settlement approval by no later than March 16, 2021. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 3/2/2021) ( Motions due by 3/16/2021.) (ks)
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| Filing 15 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Katharine H. Parker. (Signed by Judge Gregory H. Woods on 11/16/2020).(mro) |
| Filing 14 PROPOSED CONSENT ORDER. Document filed by James Pereira..(Cilenti, Giustino) |
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Filing 13
ORDER granting #12 Letter Motion for Extension of Time to File. The parties have informed the Court that they agree to conduct all further proceedings before the assigned Magistrate Judge. The parties' November 9, 2020 request for an extension to file a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, Dkt No. 12, is GRANTED. The deadline for the parties to file a fully executed form is extended to November 17, 2020. The Clerk of Court is directed to terminate the motion pending at Dkt No. 12. (Signed by Judge Gregory H. Woods on 11/9/2020) (mro)
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| Filing 12 JOINT LETTER MOTION for Extension of Time to File addressed to Judge Gregory H. Woods from Justin Cilenti dated November 9, 2020. Document filed by James Pereira..(Cilenti, Giustino) |
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Filing 11
ORDER: The Court has been advised that the parties have reached a settlement in this case, which includes claims arising under the Fair Labor Standards Act (the "FLSA"). The parties are directed to proceed in one of the two ways described below. The first alternative describes the process that the parties must follow if they wish to dismiss FLSA claims with prejudice. The second alternative describes a process that the parties may follow if they wish to dismiss FLSA claims without prejudice; as further set forth herein. (Signed by Judge Gregory H. Woods on 10/27/2020) (mro)
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| Filing 10 STATUS REPORT. Document filed by James Pereira..(Cilenti, Giustino) |
| Filing 9 MEMO ENDORSEMENT on re: #8 Status Report filed by James Pereira. ENDORSEMENT: The Court appreciates the status update. Plaintiff is directed to submit another status letter to the Court no later than October 26, 2020. (Signed by Judge Gregory H. Woods on 9/12/2020) (js) |
| Filing 8 STATUS REPORT. Document filed by James Pereira..(Cilenti, Giustino) |
| Filing 7 AFFIDAVIT OF SERVICE of Summons and Complaint. Aziz A. Khan served on 2/20/2020, answer due 3/12/2020. Service was accepted by John Smith, General Agent. Document filed by James Pereira..(Cilenti, Giustino) |
| Filing 6 AFFIDAVIT OF SERVICE of Summons and Complaint. KGN Enterprises Inc served on 2/20/2020, answer due 3/12/2020. Service was accepted by John Smith, General Agent. Document filed by James Pereira..(Cilenti, Giustino) |
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Filing 5
ORDER: The Court observes that neither Defendant has appeared in this case. Plaintiff is directed to submit a status letter no later than September 11, 2020 with his proposal for how he intends to litigate the case going forward. So long as the case remains pending, the Court expects Plaintiff to prosecute it. Failure to prosecute may result in dismissal. (Signed by Judge Gregory H. Woods on 9/4/2020) (mro)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to KGN Enterprises Inc, Aziz A. Khan..(pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Giustino Cilenti re: Document No. #1 Complaint. The filing is deficient for the following reason(s): Add James Pereira to CM ECF with the party text "on behalf of others similarly situated". Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Giustino Cilenti. The party information for the following party/parties has been modified: James Pereira, KGN Enterprises Inc. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; alias party name was omitted;. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) |
| 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) |
| Case Designated ECF. (pc) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to KGN Enterprises Inc and Aziz A. Khan, re: #1 Complaint. Document filed by James Pereira..(Cilenti, Giustino) |
| Filing 2 CIVIL COVER SHEET filed..(Cilenti, Giustino) |
| Filing 1 COMPLAINT against KGN Enterprises Inc, Aziz A. Khan. (Filing Fee $ 400.00, Receipt Number ANYSDC-18715081)Document filed by James Pereira..(Cilenti, Giustino) |
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