Cartagena v. Hornblower Group, Inc. et al
Plaintiff: Tobias Cartagena
Defendant: Hornblower New York, LLC and Hornblower Group, Inc.
Case Number: 1:2020cv05334
Filed: July 10, 2020
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Alvin K Hellerstein
Nature of Suit: Labor: Other
Cause of Action: 28 U.S.C. § 1453
Jury Demanded By: Plaintiff
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This docket was last retrieved on April 6, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 6, 2021 Opinion or Order Filing 50 MEMO ENDORSEMENT on re: #49 Letter request to stay all deadlines to allow parties to finalize settlement agreement, filed by Hornblower New York, LLC, Hornblower Group, Inc. ENDORSEMENT: The 30-day order issued March 9, 2021, is enlarged another 30 days, to May 9, 2021. So ordered. (Signed by Judge Alvin K. Hellerstein on 4/6/21) (yv)
April 6, 2021 Filing 49 JOINT LETTER addressed to Judge Alvin K. Hellerstein from Eli Z. Freedberg dated April 6, 2021 re: Joint request to stay all deadlines to allow parties to finalize settlement agreement. Document filed by Hornblower Group, Inc., Hornblower New York, LLC..(Freedberg, Eli)
March 9, 2021 Opinion or Order Filing 48 ORDER... This case is again dismissed. If the settlement is not consummated within 30 days of this order, or an authorized enlarged date, either party may apply by letter for restoration of the action within 10 days after the close of said period. All pending court dates are cancelled. The Clerk is directed to close the case. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 3/5/21) (yv)
March 4, 2021 Filing 47 LETTER addressed to Judge Alvin K. Hellerstein from Eli Z. Freedberg dated March 4, 2021 re: Informing the Court of a settlement in principle and requesting 30 day extension of all deadlines. Document filed by Hornblower Group, Inc., Hornblower New York, LLC..(Freedberg, Eli)
February 18, 2021 Opinion or Order Filing 46 ORDER: On January 28, 2021, I entered an Order directing the Clerk of Court to mark this matter closed, provided that if a settlement was not consummated within 30 days of my order, either party might apply by letter within the 30-day period for restoration of the action to my calendar. On February 16, 2021, Defendants applied for restoration of the action. Accordingly, the case is restored to my calendar. Plaintiff shall respond to the pending motion to dismiss, ECF No. 42, within two weeks of this order, or another agreed-upon date. The Clerk of the Court is directed to mark this matter open. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 2/18/2021) (ama)
February 16, 2021 Filing 45 LETTER addressed to Judge Alvin K. Hellerstein from Eli Z. Freedberg dated February 16, 2021 re: Request that case be reinstated as no settlement or suggestion of settlement had been made. Document filed by Hornblower Group, Inc., Hornblower New York, LLC..(Freedberg, Eli)
February 1, 2021 Opinion or Order Filing 44 MEMO ENDORSEMENT granting #41 Motion to Withdraw as Attorney. ENDORSEMENT: So ordered. Attorney Shabri Baliga terminated. (Signed by Judge Alvin K. Hellerstein on 2/1/2021) (mro)
January 29, 2021 Filing 43 MEMORANDUM OF LAW in Support re: #42 MOTION to Dismiss Complaint. . Document filed by Hornblower Group, Inc., Hornblower New York, LLC. (Attachments: #1 Exhibit A - Declaration of Eli Z. Freedberg, #2 Exhibit B - Maor Amended Complaint, #3 Exhibit C - Maor Settlement Agreement, #4 Exhibit D - State Court Preliminary Approval Order, #5 Exhibit E - Declaration of Jarrod Salinas in Maor matter, #6 Exhibit F - Final Order, #7 Exhibit G - Declaration of Jarrod Salinas).(Freedberg, Eli)
January 29, 2021 Filing 42 MOTION to Dismiss Complaint. Document filed by Hornblower Group, Inc., Hornblower New York, LLC..(Freedberg, Eli)
January 29, 2021 Filing 41 MOTION for Shabri Baliga to Withdraw as Attorney . Document filed by Hornblower Group, Inc., Hornblower New York, LLC..(Freedberg, Eli)
January 28, 2021 Opinion or Order Filing 40 ORDER: A suggestion of settlement having been made, this case is dismissed. If the settlement is not consummated within 30 days of this order, or an authorized enlarged date, either party may apply by letter for restoration of the action within 10 days after the close of said period. All pending court dates are cancelled. The Clerk is directed to close the case. (Signed by Judge Alvin K. Hellerstein on 1/28/2021) (cf)
January 14, 2021 Opinion or Order Filing 39 SCHEDULING ORDER: The parties are hereby ordered to appear for an initial pre-trial conference on January 29, 2021 at 10:30a.m., which conference will be held via the following call-in number: Call-in number: 888-363-4749, Access code: 7518680. To ensure that the call proceeds smoothly and to avoid disruption, the Court directs those calling in (other than counsel) to mute their telephones. Additionally, all participants are directed to call in 5 minutes prior to the start of the conference. Finally, no later than January 20, 2021, at 12:00 p.m., the parties shall jointly submit to the court (via the email address HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record, along with their contact information. SO ORDERED. ( Initial Conference set for 1/29/2021 at 10:30 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 1/14/21) (yv)
December 18, 2020 Opinion or Order Filing 38 MEMO ENDORSEMENT on re: #37 Letter filed by Hornblower New York, LLC, Hornblower Group, Inc., ENDORSEMENT: So ordered. (Signed by Judge Alvin K. Hellerstein on 12/18/2020) ( Motions due by 1/29/2021., Responses due by 2/22/2021) (ks)
December 17, 2020 Filing 37 LETTER addressed to Judge Alvin K. Hellerstein from Eli Z. Freedberg dated December 17, 2020 re: Requesting extension of deadline to file motion to dismiss. Document filed by Hornblower Group, Inc., Hornblower New York, LLC..(Freedberg, Eli)
December 15, 2020 Opinion or Order Filing 36 MEMO ENDORSEMENT on re: #35 Letter Requesting extension of deadline to file motion to dismiss, filed by Hornblower New York, LLC, Hornblower Group, Inc. ENDORSEMENT : Defendant's motion shall be filed by December 22, 2020. Opposition due January 15, 2021. So Ordered., ( Motions due by 12/22/2020., Responses due by 1/15/2021) (Signed by Judge Alvin K. Hellerstein on 12/15/20) (yv)
December 14, 2020 Filing 35 LETTER addressed to Judge Alvin K. Hellerstein from Eli Z. Freedberg dated December 14, 2020 re: Requesting extension of deadline to file motion to dismiss in accordance with the Court's directive. Document filed by Hornblower Group, Inc., Hornblower New York, LLC..(Freedberg, Eli)
November 23, 2020 Filing 34 MEMO ENDORSEMENT on re: #33 Letter Dismissal of Case With Prejudice, filed by Hornblower New York, LLC, Hornblower Group, Inc. ENDORSEMENT: Denied, without prejudice.1. Letters must be joint, not by a single party. See my Individual Rule 2E. 2. A dispute as to the terms of dismissal requires a motion and, in the case of wage and hour dispute, a fairness hearing. (Signed by Judge Alvin K. Hellerstein on 11/23/20) (yv)
November 20, 2020 Filing 33 LETTER addressed to Judge Alvin K. Hellerstein from Eli Z Freedberg dated 11/20/2020 re: Dismissal of Case With Prejudice. Document filed by Hornblower Group, Inc., Hornblower New York, LLC. (Attachments: #1 Exhibit A - Maor Amended Complaint, #2 Exhibit B - Maor Settlement Agreement, #3 Exhibit C - State Supreme Court Preliminary Approval Order, #4 Exhibit D - Jarrod Salinas Maor v. Hornblower_Declaration, #5 Exhibit E - August 9, 2017 Final Order).(Baliga, Shabri)
November 12, 2020 Filing 32 MEMO ENDORSEMENT on re: #31 Letter response to Defendants Letter requesting dismissal filed by Tobias Cartagena. ENDORSEMENT : The parties may have another week. (Signed by Judge Alvin K. Hellerstein on 11/12/20) (yv)
November 10, 2020 Filing 31 LETTER addressed to Judge Alvin K. Hellerstein from Ori Edelstein dated November 10, 2020 re: Plaintiffs response to Defendants Letter requesting dismissal. Document filed by Tobias Cartagena..(Edelstein, Ori)
October 27, 2020 Filing 30 MEMO ENDORSEMENT on re: #29 Letter Response to Defendants' Letter Requesting Dismissal filed by Tobias Cartagena. ENDORSEMENT: Def't's letter to dismiss is denied w/out prejudice. Plaintiff is given an enlargement to Nov. 10, 2020 to answer. (Signed by Judge Alvin K. Hellerstein on 10/26/20) (yv)
October 22, 2020 Filing 29 LETTER addressed to Judge Alvin K. Hellerstein from Ori Edelstein dated October 22, 2020 re: Plaintiff's Response to Defendants' Letter Requesting Dismissal. Document filed by Tobias Cartagena..(Edelstein, Ori)
October 22, 2020 Filing 28 LETTER addressed to Judge Alvin K. Hellerstein from Eli Z. Freedberg dated October 22, 2020 re: Request the Court administratively dismiss the case. Document filed by Hornblower Group, Inc., Hornblower New York, LLC..(Freedberg, Eli)
October 6, 2020 Opinion or Order Filing 27 ORDER granting #26 Letter Motion for Extension of Time to Answer re #1 Complaint. So Ordered. (Hornblower Group, Inc. answer due 10/22/2020; Hornblower New York, LLC answer due 10/22/2020.) (Signed by Judge Alvin K. Hellerstein on 10/6/2020) (rro)
September 28, 2020 Filing 26 THIRD LETTER MOTION for Extension of Time to File Answer addressed to Judge Alvin K. Hellerstein from Eli Z. Freedberg dated September 28, 2020. Document filed by Hornblower Group, Inc., Hornblower New York, LLC..(Freedberg, Eli)
September 9, 2020 Opinion or Order Filing 25 ORDER granting #24 Letter Motion for Extension of Time to Answer re #1 Complaint. So Ordered. (Hornblower Group, Inc. answer due 10/1/2020; Hornblower New York, LLC answer due 10/1/2020.) (Signed by Judge Alvin K. Hellerstein on 9/9/2020) (rro)
September 8, 2020 Filing 24 SECOND LETTER MOTION for Extension of Time to File Answer addressed to Judge Alvin K. Hellerstein from Shabri Baliga dated September 8, 2020. Document filed by Hornblower Group, Inc., Hornblower New York, LLC..(Baliga, Shabri)
September 1, 2020 Opinion or Order Filing 23 ORDER FOR ADMISSION PRO HAC VICE granting #22 Motion for Carolyn H. Cottrell to Appear Pro Hac Vice. The motion of Carolyn H. Cottrell, for admission to practice Pro Hac Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Alvin K. Hellerstein on 9/1/20) (yv)
August 31, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #22 MOTION for Carolyn H. Cottrell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21387289. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
August 28, 2020 Filing 22 MOTION for Carolyn H. Cottrell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21387289. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Tobias Cartagena. (Attachments: #1 Exhibit 1, #2 Affidavit, #3 Text of Proposed Order).(Cottrell, Carolyn)
August 27, 2020 Opinion or Order Filing 21 ORDER FOR ADMISSION PRO HAC VICE: granting #19 Motion for Kristabel Sandoval to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. So Ordered. (Signed by Judge Alvin K. Hellerstein on 8/27/2020) (js)
August 27, 2020 Opinion or Order Filing 20 ORDER FOR ADMISSION PRO HAC VICE: granting #18 Motion for William M. Hogg to Appear Pro Hac Vice.IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. So Ordered. (Signed by Judge Alvin K. Hellerstein on 8/27/2020) (js)
August 27, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #18 MOTION for William M. Hogg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21345391. Motion and supporting papers to be reviewed by Clerk's Office staff., #19 MOTION for Kristabel Sandoval to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21345535. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
August 26, 2020 Filing 19 MOTION for Kristabel Sandoval to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21345535. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Tobias Cartagena. (Attachments: #1 Exhibit 1, #2 Affidavit, #3 Text of Proposed Order).(Sandoval, Kristabel)
August 26, 2020 Filing 18 MOTION for William M. Hogg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21345391. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Tobias Cartagena. (Attachments: #1 Exhibit 1, #2 Affidavit, #3 Text of Proposed Order).(Hogg, William)
August 24, 2020 Opinion or Order Filing 17 ORDER FOR ADMISSION PRO HAC VICE granting #16 Motion for Ori Edelstein to Appear Pro Hac Vice. The motion of Ori Edelstein, for admission to practice Pro Hac Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Alvin K. Hellerstein on 8/24/20) (yv)
August 21, 2020 Filing 16 MOTION for Ori Edelstein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21274078. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Tobias Cartagena. (Attachments: #1 Exhibit 1, #2 Affidavit, #3 Text of Proposed Order).(Edelstein, Ori)
August 21, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #16 MOTION for Ori Edelstein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21274078. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
August 14, 2020 Filing 15 AFFIDAVIT OF SERVICE of Summons and Complaint. Hornblower New York, LLC served on 7/23/2020, answer due 9/10/2020. Service was accepted by Petrona Varela, Assistant Secretary. Document filed by Tobias Cartagena..(Nestico, John)
August 14, 2020 Filing 14 AFFIDAVIT OF SERVICE of Summons and Complaint. Hornblower Group, Inc. served on 7/23/2020, answer due 9/10/2020. Service was accepted by Petrona Varela, Assistant Secretary. Document filed by Tobias Cartagena..(Cottrell, Carolyn)
August 12, 2020 Opinion or Order Filing 13 ORDER granting #11 Letter Motion for Extension of Time to Answer re #1 Complaint. So ordered. (Hornblower Group, Inc. answer due 9/10/2020; Hornblower New York, LLC answer due 9/10/2020.) (Signed by Judge Alvin K. Hellerstein on 8/12/20) (yv)
August 12, 2020 Filing 12 NOTICE OF APPEARANCE by Eli Zev Freedberg on behalf of Hornblower Group, Inc., Hornblower New York, LLC..(Freedberg, Eli)
August 11, 2020 Filing 11 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Alvin K. Hellerstein from Shabri Baliga dated August 11, 2020. Document filed by Hornblower Group, Inc., Hornblower New York, LLC..(Baliga, Shabri)
August 11, 2020 Filing 10 NOTICE OF APPEARANCE by Shabri Baliga on behalf of Hornblower Group, Inc., Hornblower New York, LLC..(Baliga, Shabri)
July 21, 2020 Filing 9 ELECTRONIC SUMMONS ISSUED as to Hornblower New York, LLC..(jgo)
July 21, 2020 Filing 8 ELECTRONIC SUMMONS ISSUED as to Hornblower Group, Inc...(jgo)
July 20, 2020 Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Hornblower New York, LLC, re: #1 Complaint. Document filed by Tobias Cartagena..(Nestico, John)
July 20, 2020 Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Hornblower Group, Inc., re: #1 Complaint. Document filed by Tobias Cartagena..(Nestico, John)
July 13, 2020 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alvin K. Hellerstein. 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)
July 13, 2020 Magistrate Judge James L. Cott 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)
July 13, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney John Joseph Nestico to RE-FILE Document No. #3 Request for Issuance of Summons, #4 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; use the Standard AO 440 (Rev. 06/12) Summons in a Civil Action 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. (pne)
July 13, 2020 Case Designated ECF. (pne)
July 10, 2020 Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Tobias Cartagena..(Nestico, John)
July 10, 2020 Filing 4 FILING ERROR - DEFICIENT SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Hornblower New York, LLC, re: #1 Complaint. Document filed by Tobias Cartagena..(Nestico, John) Modified on 7/13/2020 (pne).
July 10, 2020 Filing 3 FILING ERROR - DEFICIENT SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Hornblower Group, Inc., re: #1 Complaint. Document filed by Tobias Cartagena..(Nestico, John) Modified on 7/13/2020 (pne).
July 10, 2020 Filing 2 CIVIL COVER SHEET filed..(Nestico, John)
July 10, 2020 Filing 1 COMPLAINT against Hornblower Group, Inc., Hornblower New York, LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-20643905)Document filed by Tobias Cartagena..(Nestico, John)

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Defendant: Hornblower New York, LLC
Represented By: Shabri Baliga
Represented By: Eli Zev Freedberg
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Defendant: Hornblower Group, Inc.
Represented By: Shabri Baliga
Represented By: Eli Zev Freedberg
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Plaintiff: Tobias Cartagena
Represented By: John Joseph Nestico
Represented By: Kristabel Sandoval
Represented By: William M. Hogg
Represented By: Ori Edelstein
Represented By: Carolyn Hunt Cottrell
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