Moranchal Sarmiento et al v. Eastside Barking Dog Inc. et al
| Jose Luis Moranchal Sarmiento |
| Ergys Janku, Sokol Kasim, Emin Alliu, Eastside Barking Dog Inc., Bujar Qemal Kaci and Eastside Barking Dog Inc. doing business as Barking Dog |
| 1:2020cv03190 |
| April 22, 2020 |
| US District Court for the Southern District of New York |
| John G Koeltl |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Denial of Overtime Compensation |
| Both |
Docket Report
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Filing 64
MEMO ENDORSEMENT on re: #63 Letter, filed by Jose Luis Moranchal Sarmiento. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. Attorney Michael Antonio Faillace terminated. (Signed by Judge John G. Koeltl on 1/6/2022) (mml)
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| Filing 63 LETTER addressed to Judge John G. Koeltl from Catalina Sojo dated 1/6/2022 re: Michael Faillace Withdrawl. Document filed by Jose Luis Moranchal Sarmiento(individually), Jose Luis Moranchal Sarmiento(on behalf of others similarly situated ). (Attachments: #1 Exhibit Motion to Withdraw).(Sojo, Catalina) |
| Filing 62 NOTICE OF APPEARANCE by Catalina Sojo on behalf of Jose Luis Moranchal Sarmiento(individually), Jose Luis Moranchal Sarmiento(on behalf of others similarly situated )..(Sojo, Catalina) |
| Filing 61 JUDGMENT: WHEREAS, on or about September 13, 2021, Defendants, EASTSIDE BARKING DOG INC. (d/b/a BARKING DOG), ERGYS JANKU, BUJAR QEMAL KACI, SOKOL KASIM, and EMIN ALLIU, extended to Plaintiff, JOSE LUIS MORANCHAL SARMIENTO, an offer of judgment pursuant to Rule 68 of the Federal Rules of Civil Procedure in the amount of Twelve Thousand Five Hundred Dollars and No Cents ($12,500.00), and whereas said Plaintiff accepted said offer on or about September 13, 2021, JUDGMENT shall be entered in favor of Plaintiff and against Defendants in the amount of Twelve Thousand Five Hundred Dollars and No Cents ($12,500.00). (Signed by Judge John G. Koeltl on 9/14/2021) (ks) |
| Filing 60 NOTICE OF ACCEPTANCE WITH OFFER OF JUDGMENT . Document filed by Jose Luis Moranchal Sarmiento(individually), Jose Luis Moranchal Sarmiento(on behalf of others similarly situated ). (Attachments: #1 Exhibit A - Offer of Judgment, #2 Exhibit B - Affirmation of Service).(Faillace, Michael) |
| ***NOTICE TO COURT REGARDING NOTICE OF ACCEPTANCE WITH OFFER OF JUDGMENT. Document No. #60 Notice of Acceptance with Offer of Judgment was reviewed and approved as to form. (km) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT NOTICE OF ACCEPTANCE WITH OFFER OF JUDGMENT. Notice to attorney Michael Faillace to RE-FILE Document No. #58 Notice of Acceptance with Offer of Judgment. The filing is deficient for the following reason(s): the notice of acceptance with offer of judgment is not signed; Re-file the document using the event type Notice of Acceptance With Offer of Judgment found under the event list Notices - attach the correct signed and dated PDF(s) for the offer and notice of acceptance, plus proof of service - select the correct filer/filers. (km) |
| ***NOTICE TO COURT REGARDING PROPOSED JUDGMENT. Document No. #59 Proposed Judgment was reviewed and approved as to form. (km) |
| Filing 59 PROPOSED JUDGMENT. Re: Document No. #58 Notice of Acceptance with Offer of Judgment,. Document filed by Jose Luis Moranchal Sarmiento(individually), Jose Luis Moranchal Sarmiento(on behalf of others similarly situated )..(Faillace, Michael) Proposed Judgment to be reviewed by Clerk's Office staff. |
| Filing 58 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - NOTICE OF ACCEPTANCE WITH OFFER OF JUDGMENT . Document filed by Jose Luis Moranchal Sarmiento(individually), Jose Luis Moranchal Sarmiento(on behalf of others similarly situated ). (Attachments: #1 Exhibit A - Offer of Judgment, #2 Exhibit B - Affirmation of Service).(Faillace, Michael) Modified on 9/14/2021 (km). |
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Filing 57
ORDER granting #56 Letter Motion for Extension of Time. Application granted. SO ORDERED. Motions due by 9/13/2021. Pretrial Order due by 9/13/2021. (Signed by Judge John G. Koeltl on 8/31/2021) (va)
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| Filing 56 JOINT LETTER MOTION for Extension of Time addressed to Judge John G. Koeltl from Robert J. Ontell dated August 30, 2021. Document filed by Emin Alliu, Eastside Barking Dog Inc., Ergys Janku, Bujar Qemal Kaci, Sokol Kasim..(Ontell, Robert) |
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Filing 55
ORDER granting #54 Letter Motion for Extension of Time to File. Application Granted. SO ORDERED. (Signed by Judge John G. Koeltl on 8/12/2021) (mml)
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| Set/Reset Deadlines: Motions due by 9/1/2021. Pretrial Order due by 9/1/2021. (mml) |
| Filing 54 JOINT LETTER MOTION for Extension of Time to File Joint Pre-Trial Order and Motions in Limine addressed to Judge John G. Koeltl from William K. Oates dated August 12, 2021. Document filed by Jose Luis Moranchal Sarmiento(individually), Jose Luis Moranchal Sarmiento(on behalf of others similarly situated )..(Faillace, Michael) |
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Filing 53
ORDER granting #52 Letter Motion for Extension of Time. APPLICATION GRANTED. SO ORDERED. (Motions due by 8/16/2021. Pretrial Order due by 8/16/2021.). (Signed by Judge John G. Koeltl on 7/27/2021) (rro)
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| Filing 52 LETTER MOTION for Extension of Time addressed to Judge John G. Koeltl from Robert J. Ontell dated July 27, 2021. Document filed by Emin Alliu, Eastside Barking Dog Inc., Ergys Janku, Bujar Qemal Kaci, Sokol Kasim..(Ontell, Robert) |
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Filing 51
ORDER granting #50 Letter Motion for Extension of Time to File. APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 7/9/2021) (mml)
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| Set/Reset Deadlines: Motions due by 7/26/2021. Pretrial Order due by 7/26/2021. (mml) |
| Filing 50 SIXTH LETTER MOTION for Extension of Time to File Joint Pre-Trial Order and Motions in Limine addressed to Judge John G. Koeltl from William K. Oates dated July 9, 2021. Document filed by Jose Luis Moranchal Sarmiento(individually), Jose Luis Moranchal Sarmiento(on behalf of others similarly situated )..(Faillace, Michael) |
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Filing 49
ORDER granting #48 Letter Motion for Extension of Time to File. Application Granted. SO ORDERED. (Signed by Judge John G. Koeltl on 6/10/2021) (ama)
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| Set/Reset Deadlines: Motions due by 7/12/2021. Pretrial Order due by 7/12/2021. (ama) |
| Filing 48 FIFTH LETTER MOTION for Extension of Time to File Joint Pre-Trial Order and Motions in Limine addressed to Judge John G. Koeltl from William K. Oates dated June 9, 2021. Document filed by Jose Luis Moranchal Sarmiento(individually), Jose Luis Moranchal Sarmiento(on behalf of others similarly situated )..(Faillace, Michael) |
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Filing 47
ORDER granting #46 Letter Motion for Extension of Time to File. APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 5/25/2021) (kv)
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| Set/Reset Deadlines: Motions due by 6/14/2021. Pretrial Order due by 6/14/2021. (kv) |
| Filing 46 FOURTH LETTER MOTION for Extension of Time to File Joint Pre-Trial Order and Motions in Limine addressed to Judge John G. Koeltl from William K. Oates dated May 24, 2021. Document filed by Jose Luis Moranchal Sarmiento(individually), Jose Luis Moranchal Sarmiento(on behalf of others similarly situated )..(Faillace, Michael) |
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Filing 45
ORDER granting #44 Letter Motion for Extension of Time to File. Application Granted. So Ordered. (Signed by Judge John G. Koeltl on 5/3/21) (yv)
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| Set/Reset Deadlines: Motions due by 5/24/2021. Pretrial Order due by 5/24/2021. (yv) |
| Filing 44 THIRD LETTER MOTION for Extension of Time to File Joint Pre-Trial Order and Motions in Limine addressed to Judge John G. Koeltl from William K. Oates dated May 3, 2021. Document filed by Jose Luis Moranchal Sarmiento(individually), Jose Luis Moranchal Sarmiento(on behalf of others similarly situated )..(Faillace, Michael) |
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Filing 43
ORDER granting #42 Letter Motion for Extension of Time to File. APPLICATION GRANTED. (Signed by Judge John G. Koeltl on 4/23/2021) (tro)
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| Set/Reset Deadlines: Motions due by 5/3/2021. Pretrial Order due by 5/3/2021. (tro) |
| Filing 42 SECOND LETTER MOTION for Extension of Time to File Joint Pre-Trial Order and Motions in Limine addressed to Judge John G. Koeltl from William K. Oates dated April 23, 2021. Document filed by Jose Luis Moranchal Sarmiento(individually), Jose Luis Moranchal Sarmiento(on behalf of others similarly situated )..(Faillace, Michael) |
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Filing 41
ORDER granting #40 Motion for Extension of Time to File. Application granted. SO ORDERED.. (Signed by Judge John G. Koeltl on 3/12/2021) (ks)
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| Filing 40 FIRST LETTER MOTION for Extension of Time to File Joint Pre-Trial Order and Motions in Limine addressed to Judge John G. Koeltl from William K. Oates dated March 11, 2021. Document filed by Jose Luis Moranchal Sarmiento(individually), Jose Luis Moranchal Sarmiento(on behalf of others similarly situated )..(Faillace, Michael) |
| Filing 38 NOTICE OF APPEARANCE by William Kevin Oates, JR on behalf of Jose Luis Moranchal Sarmiento(individually), Jose Luis Moranchal Sarmiento(on behalf of others similarly situated )..(Oates, William) |
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Filing 39
MEMO ENDORSEMENT on MOTION TO WITHDRAW AS COUNSEL granting #37 Motion to Withdraw as Attorney. ENDORSEMENT: Application Granted. SO ORDERED. Attorney Daniel Alan Tannenbaum terminated. (Signed by Judge John G. Koeltl on 12/31/2020) (ama)
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| Filing 37 FIRST MOTION for Daniel Alan Tannenbaum to Withdraw as Attorney . Document filed by Jose Luis Moranchal Sarmiento(individually), Jose Luis Moranchal Sarmiento(on behalf of others similarly situated )..(Faillace, Michael) |
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Filing 36
CIVIL SCHEDULING ORDER: Pursuant to Fed. R. Civ. P. 16(b), after reviewing the parties' Rule 26(f) report, filed on August 24, 2020, the Court hereby orders that: Pleadings and Parties: Except for good cause shown: 1. No additional parties may be joined or cause of action asserted after 9/25/2020.2. No additional defenses may be asserted after 10/9/2020. Dispositive motions, if any, are to be completed by 2/19/2021. Amended Pleadings due by 9/25/2020. Joinder of Parties due by 9/25/2020. Motions due by 3/12/2021. Discovery due by 1/29/2021. Pretrial Order due by 3/12/2021. Ready for Trial by 3/26/2021. The parties will notify the Court by 10/9/2020 whether a reference to the Magistrate Judge would be useful for purposes of settlement and whether they consent to trial before the Magistrate Judge. The parties may communicate with the Court with respect to these matters by joint letter. If the parties consent to trial before the Magistrate Judge, they are directed to do so by stipulation. (Signed by Judge John G. Koeltl on 8/26/2020) (rj)
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| Filing 35 PROPOSED CASE MANAGEMENT PLAN. Document filed by Jose Luis Moranchal Sarmiento(individually), Jose Luis Moranchal Sarmiento(on behalf of others similarly situated )..(Faillace, Michael) |
| Filing 34 NOTICE OF APPEARANCE by Daniel Alan Tannenbaum on behalf of Jose Luis Moranchal Sarmiento(individually), Jose Luis Moranchal Sarmiento(on behalf of others similarly situated )..(Tannenbaum, Daniel) |
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Filing 33
ORDER: The parties should submit a Rule 26(f) report by August 24, 2020. SO ORDERED. (Signed by Judge John G. Koeltl on 8/10/2020) (ks)
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| Filing 32 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Emin Alliu, Eastside Barking Dog Inc., Ergys Janku, Bujar Qemal Kaci, Sokol Kasim..(Ontell, Robert) |
| Filing 31 ANSWER to #1 Complaint, with JURY DEMAND. Document filed by Emin Alliu, Eastside Barking Dog Inc., Ergys Janku, Bujar Qemal Kaci, Sokol Kasim..(Ontell, Robert) |
| Filing 30 NOTICE OF APPEARANCE by Robert Joshua Ontell on behalf of Emin Alliu, Eastside Barking Dog Inc., Ergys Janku, Bujar Qemal Kaci, Sokol Kasim..(Ontell, Robert) |
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Filing 29
ORDER granting #28 Letter Motion for Extension of Time. Application granted. So Ordered. (Signed by Judge John G. Koeltl on 7/9/2020) (js)
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| Filing 28 FIRST LETTER MOTION for Extension of Time addressed to Judge John G. Koeltl from Michael Faillace dated 7/8/2020. Document filed by Jose Luis Moranchal Sarmiento(individually), Jose Luis Moranchal Sarmiento(on behalf of others similarly situated )..(Faillace, Michael) |
| Filing 27 CLERK'S CERTIFICATE OF DEFAULT as to Emin Alliu.(km) |
| Filing 26 CLERK'S CERTIFICATE OF DEFAULT as to Ergys Janku.(km) |
| Filing 25 CLERK'S CERTIFICATE OF DEFAULT as to Bujar Qemel Kaci.(km) |
| Filing 24 CLERK'S CERTIFICATE OF DEFAULT as to Sokol Kasim.(km) |
| Filing 23 AFFIRMATION of Michael Faillace in Support re: #21 Proposed Clerk's Certificate of Default, #19 Proposed Clerk's Certificate of Default, #20 Proposed Clerk's Certificate of Default, #22 Proposed Clerk's Certificate of Default,. Document filed by Jose Luis Moranchal Sarmiento(individually), Jose Luis Moranchal Sarmiento(on behalf of others similarly situated )..(Faillace, Michael) |
| Filing 22 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Jose Luis Moranchal Sarmiento(individually), Jose Luis Moranchal Sarmiento(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). |
| Filing 21 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Jose Luis Moranchal Sarmiento(individually), Jose Luis Moranchal Sarmiento(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). |
| Filing 20 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Jose Luis Moranchal Sarmiento(individually), Jose Luis Moranchal Sarmiento(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). |
| Filing 19 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Jose Luis Moranchal Sarmiento(individually), Jose Luis Moranchal Sarmiento(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). |
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Filing 18
ORDER: The plaintiffs should file a proposed Order to Show Cause for a default judgment by July 10, 2020 or the case will be dismissed without prejudice for failure to prosecute. SO ORDERED. (Signed by Judge John G. Koeltl on 6/24/2020) (ks)
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| Filing 17 AFFIDAVIT OF SERVICE of Summons and Complaint,. Emin Alliu served on 4/27/2020, answer due 5/18/2020. Service was accepted by Elina I., Person of suitable age and discretion. Document filed by Jose Luis Moranchal Sarmiento(individually); Jose Luis Moranchal Sarmiento(on behalf of others similarly situated )..(Faillace, Michael) |
| Filing 16 AFFIDAVIT OF SERVICE of Summons and Complaint,. Ergys Janku served on 4/27/2020, answer due 5/18/2020. Service was accepted by Elina I., Person of suitable age and discretion. Document filed by Jose Luis Moranchal Sarmiento(individually); Jose Luis Moranchal Sarmiento(on behalf of others similarly situated )..(Faillace, Michael) |
| Filing 15 AFFIDAVIT OF SERVICE of Summons and Complaint,. Bujar Qemal Kaci served on 4/27/2020, answer due 5/18/2020. Service was accepted by Elina I., Person of suitable age and discretion. Document filed by Jose Luis Moranchal Sarmiento(individually); Jose Luis Moranchal Sarmiento(on behalf of others similarly situated )..(Faillace, Michael) |
| Filing 14 AFFIDAVIT OF SERVICE of Summons and Complaint,. Sokol Kasim served on 4/27/2020, answer due 5/18/2020. Service was accepted by Elina I., Person of suitable age and discretion. Document filed by Jose Luis Moranchal Sarmiento(individually); Jose Luis Moranchal Sarmiento(on behalf of others similarly situated )..(Faillace, Michael) |
| Filing 13 AFFIDAVIT OF SERVICE of Summons and Complaint,. Eastside Barking Dog Inc. served on 4/24/2020, answer due 5/15/2020. Service was accepted by Nancy Dougherty, Authorized Agent in the Office of the Secretary of State. Document filed by Jose Luis Moranchal Sarmiento(individually); Jose Luis Moranchal Sarmiento(on behalf of others similarly situated )..(Faillace, Michael) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Sokol Kasim..(pne) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Ergys Janku..(pne) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Emin Alliu..(pne) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Bujar Qemal Kaci..(pne) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Eastside Barking Dog Inc...(pne) |
| Magistrate Judge Barbara C. Moses 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. (pne) |
| Case Designated ECF. (pne) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. 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..(pne) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Sokol Kasim, re: #1 Complaint,. Document filed by Jose Luis Moranchal Sarmiento(individually), Jose Luis Moranchal Sarmiento(on behalf of others similarly situated )..(Faillace, Michael) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Ergys Janku, re: #1 Complaint,. Document filed by Jose Luis Moranchal Sarmiento(individually), Jose Luis Moranchal Sarmiento(on behalf of others similarly situated )..(Faillace, Michael) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Emin Alliu, re: #1 Complaint,. Document filed by Jose Luis Moranchal Sarmiento(individually), Jose Luis Moranchal Sarmiento(on behalf of others similarly situated )..(Faillace, Michael) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Bujar Qemal Kaci, re: #1 Complaint,. Document filed by Jose Luis Moranchal Sarmiento(individually), Jose Luis Moranchal Sarmiento(on behalf of others similarly situated )..(Faillace, Michael) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Eastside Barking Dog Inc. (d/b/a Barking Dog), re: #1 Complaint,. Document filed by Jose Luis Moranchal Sarmiento(individually), Jose Luis Moranchal Sarmiento(on behalf of others similarly situated )..(Faillace, Michael) |
| Filing 2 CIVIL COVER SHEET filed..(Faillace, Michael) |
| Filing 1 COMPLAINT against Emin Alliu, Eastside Barking Dog Inc., Ergys Janku, Bujar Qemal Kaci, Sokol Kasim. (Filing Fee $ 400.00, Receipt Number ANYSDC-19539027)Document filed by Jose Luis Moranchal Sarmiento(individually), Jose Luis Moranchal Sarmiento(on behalf of others similarly situated )..(Faillace, Michael) |
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