Ramos et al v. Alex Auto Parts, Inc. et al
| Francisco Ramos |
| Alex Auto Parts, Inc., Edwin Fernandez, Alexander Mezo and Juan Carlos Calderon |
| 1:2020cv05079 |
| July 2, 2020 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Both |
Docket Report
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| MEDIATION CONFERENCE SCHEDULED First Mediation Conference scheduled for 10/14/2020 at 10:00 AM through video conference.(ah) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 9/11/2020..(rpr) |
| Filing 12 ANSWER to #6 Complaint with JURY DEMAND. Document filed by Alex Auto Parts, Inc., Juan Carlos Calderon, Edwin Fernandez, Alexander Mezo..(Pryor, Edmond) |
Filing 11
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 8/17/2020. (Signed by Judge Analisa Torres on 12/10/19) (rpr)
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| Filing 10 NOTICE OF APPEARANCE by Edmond J. Pryor on behalf of Alex Auto Parts, Inc., Juan Carlos Calderon, Edwin Fernandez, Alexander Mezo..(Pryor, Edmond) |
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Filing 9
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 7/17/2020) (kv)
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Filing 8
INITIAL PRETRIAL CONFERENCE ORDER: Counsel for all parties are directed to appear for an initial pretrial conference, in accordance with Rule 16 of the Federal Rules of Civil Procedure, at 10:40 a.m., on November 5, 2020, to be held telephonically. The parties are directed to dial 888-398-2342 or 215-861-0674, and enter access code: 5598827. Principal trial counsel must appear at this and all subsequent conferences. COUNSEL FOR PLAINTIFF IS DIRECTED TO IMMEDIATELY SEND A COPY OF THIS NOTICE AND THE COURT'S INDIVIDUAL PRACTICES TO ALL PARTIES. And as set forth herein. SO ORDERED., ( Telephone Conference set for 11/5/2020 at 10:40 AM before Judge Analisa Torres.) Initial Conference set for 11/5/2020 at 10:40 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 7/17/2020) (ama)
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Filing 7
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 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (as further st forth herein). (Signed by Judge Analisa Torres on 7/17/2020) (kv)
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| Filing 6 COMPLAINT against Alex Auto Parts, Inc., Juan Carlos Calderon, Edwin Fernandez, Alexander Mezo. Document filed by Francisco Ramos(individually), Francisco Ramos(On behalf of all others similarly situated)..(Avshalumov, Roman) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Alex Auto Parts, Inc., Juan Carlos Calderon, Edwin Fernandez, Alexander Mezo..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Roman Mikhail Avshalumov. The party information for the following party/parties has been modified: Francisco Ramos. The information for the party/parties has been modified for the following reason/reasons: party text contained a typographical error;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Roman Mikhail Avshalumov to RE-FILE 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; add party Francisco Ramos with party text 'on behalf of all others similarly situated'; the wrong party/parties whom the pleading is against were selected;. 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 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. (jgo) |
| ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Francisco Ramos, Francisco Ramos added. Party added pursuant to #1 Complaint,.Document filed by Francisco Ramos, Francisco Ramos. Related document: #1 Complaint,..(Avshalumov, Roman) |
| 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 #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..(jgo) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Gabriel W. Gorenstein 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. (jgo) |
| Filing 4 NOTICE OF APPEARANCE by James Patrick Peter O'Donnell on behalf of Francisco Ramos..(O'Donnell, James) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Alex Auto Parts, Inc.; Alexander Mezo; Juan Carlos Calderon; Edwin Fernandez, re: #1 Complaint. Document filed by Francisco Ramos..(Avshalumov, Roman) |
| Filing 2 CIVIL COVER SHEET filed..(Avshalumov, Roman) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - COMPLAINT against Francisco Ramos. (Filing Fee $ 400.00, Receipt Number ANYSDC-20526898)Document filed by Francisco Ramos..(Avshalumov, Roman) Modified on 7/6/2020 (jgo). |
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