Texcahau Cerezo et al v. 53 West 72nd Street Cafe LLC et al
| Daniel Texcahau Cerezo |
| Manjit Singh, Jennifer Klein, Lakhvir Singh, Phuman Singh and 53 West 72nd Street Cafe LLC doing business as The Dakota Bar |
| 1:2020cv05492 |
| July 16, 2020 |
| US District Court for the Southern District of New York |
| Ronnie Abrams |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Denial of Overtime Compensation |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 9, 2022. A more recent docket listing may be available from PACER.
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Filing 48
MEMO ENDORSEMENT granting #47 Motion to Withdraw as Attorney. ENDORSEMENT: Application granted. SO ORDERED. Attorney Michael Antonio Faillace terminated. (Signed by Judge Ronnie Abrams on 5/9/2022) (vfr)
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| Filing 47 MOTION for Michael Faillace to Withdraw as Attorney . Document filed by Daniel Texcahau Cerezo(individually), Daniel Texcahau Cerezo(on behalf of others similarly situated). (Attachments: #1 Exhibit Exhibit A - Motion to Withdraw).(Sojo, Catalina) |
| Filing 46 NOTICE OF APPEARANCE by Catalina Sojo on behalf of Daniel Texcahau Cerezo(individually), Daniel Texcahau Cerezo(on behalf of others similarly situated)..(Sojo, Catalina) |
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Filing 45
JUDGMENT: NOW, it is hereby ORDERED, ADJUDGED AND DECREED as follows: That the Plaintiff, Daniel Texcahau Cerezo, has judgment against 53 West 72nd Street Cafe LLC (d/b/a The Dakota Bar), Phuman Singh, Manjit Singh, and Lakhvir Singh, jointly and severally, in the amount of Fifteen Thousand Dollars and No Cents ($15,000.00), which is inclusive of attorneys' fees and costs. (Signed by Judge Ronnie Abrams on 9/20/2021) (va)
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| ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. #44 HAS BEEN REJECTED. THIS IS A DUPLICATED DOCUMENT. Note to Attorney Michael Faillace : This is a Duplicate Document. Do Not Re-File. (km) |
| ***NOTICE TO COURT REGARDING NOTICE OF ACCEPTANCE WITH OFFER OF JUDGMENT. Document No. #43 Notice of Acceptance with Offer of Judgment was reviewed and approved as to form. (km) |
| ***NOTICE TO COURT REGARDING PROPOSED JUDGMENT. Document No. #42 Proposed Judgment was reviewed and approved as to form. (km) |
| Filing 44 FILING ERROR - DUPLICATE DOCKET ENTRY- PROPOSED JUDGMENT. Re: Document No. #43 Notice of Acceptance with Offer of Judgment,. Document filed by Daniel Texcahau Cerezo(individually), Daniel Texcahau Cerezo(on behalf of others similarly situated)..(Faillace, Michael) Proposed Judgment to be reviewed by Clerk's Office staff. Modified on 9/20/2021 (km). |
| Filing 43 NOTICE OF ACCEPTANCE WITH OFFER OF JUDGMENT . Document filed by Daniel Texcahau Cerezo(individually), Daniel Texcahau Cerezo(on behalf of others similarly situated). (Attachments: #1 Exhibit A - Offer of Judgment, #2 Exhibit B - Proof of Service).(Faillace, Michael) |
| Filing 42 PROPOSED JUDGMENT. Re: Document No. #41 Notice of Acceptance with Offer of Judgment. Document filed by Daniel Texcahau Cerezo(individually), Daniel Texcahau Cerezo(on behalf of others similarly situated)..(Faillace, Michael) Proposed Judgment to be reviewed by Clerk's Office staff. |
| Filing 41 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - NOTICE OF ACCEPTANCE WITH OFFER OF JUDGMENT . Document filed by Daniel Texcahau Cerezo(individually), Daniel Texcahau Cerezo(on behalf of others similarly situated). (Attachments: #1 Exhibit A - Offer of Judgment).(Faillace, Michael) Modified on 9/17/2021 (km). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT NOTICE OF ACCEPTANCE WITH OFFER OF JUDGMENT. Notice to attorney Michael Faillace to RE-FILE Document No. #41 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. Immediately file the proposed judgment using the event type Proposed Judgment located under the event list Proposed Orders. (km) |
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Filing 40
ORDER granting #39 Letter Motion for Extension of Time to File. Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 9/13/2021) (rro)
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| Filing 39 LETTER MOTION for Extension of Time to File addressed to Judge Ronnie Abrams from Jesse Barton dated September 3, 2021. Document filed by Daniel Texcahau Cerezo(individually), Daniel Texcahau Cerezo(on behalf of others similarly situated)..(Barton, Jesse) |
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Filing 38
ORDER: It has been reported to the Court that this Fair Labor Standards Act (FLSA) case has been settled. No later than September 4, 2021, the parties shall take one of the following three actions: Consent to conducting all further proceedings before Magistrate Judge Parker by completing the attached consent form, which is also available at http://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civil- action-magistrate-judge. As the form indicates, no adverse substantive consequences will arise if the parties choose not to proceed before Judge Parker. Submit a stipulation or notice of voluntary dismissal without prejudice pursuant to Federal Rule of Civil Procedure 41. Submit a joint letter setting forth their views as to why their settlement is fair and reasonable and should be approved, accompanied by all necessary supporting materials, including contemporaneous billing records for the attorney's fees and costs provided for in the settlement agreement. In light of the presumption of public access attaching to judicial documents, see Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119 (2d Cir. 2006), the parties are advised that materials on which the Court relies in making its fairness determination will be placed on the public docket, see Wolinsky v. Scholastic Inc., No. 11-CV-5917 (JMF), 2012 WL 2700381, at *37 (S.D.N.Y. July 5, 2012). The parties are advised, however, that the Court will not approve of settlement agreements in which: are further set forth in this order. So Ordered. (Signed by Judge Ronnie Abrams on 8/4/2021) (js)
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| FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 8/3/2021 at 10:00 AM through video conference. (sb) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 7/16/2021.(ah) |
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Filing 36
ORDER: granting #34 Letter Motion for Extension of Time. By separate order, this Court will again refer this matter to mediation. Within two weeks of the termination of mediation, the parties shall submit a joint status letter to the Court. Defendants should be aware that its repeated failure to comply with this Court's orders and participate in mediation in good faith may result in sanctions. See Paramedics Electromedicina Comercial, Ltda. v. GE Med. Sys. Info. Techs., Inc., 369 F.3d 645, 655 (2d Cir. 2004). SO ORDERED. (Signed by Judge Ronnie Abrams on 6/02/2021) (ama)
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Filing 35
AMENDED MEDIATION REFERRAL ORDER. It is hereby ORDERED that this case is again referred for mediation to the Court-annexed Mediation Program. The parties are notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. SO ORDERED. ( Mediator to be Assigned by 6/14/2021.) (Signed by Judge Ronnie Abrams on 6/2/21) (yv)
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| Filing 34 LETTER MOTION for Extension of Time to Schedule Mediation addressed to Judge Ronnie Abrams from Stephen D. Hans dated 05/28/21. Document filed by 53 West 72nd Street Cafe LLC, Jennifer Klein, Lakhvir Singh, Manjit Singh, Phuman Singh..(Hans, Stephen) |
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Filing 33
ORDER: No later than June 3, 2021, Defendants shall file a letter explaining why they have not complied with the Court's orders and why they did not participate in the mediation in good faith. Defendants should be aware that its repeated failure to comply with this Court's orders and participate in mediation in good faith may result in sanctions. See Paramedics Electromedicina Comercial, Ltda. v. GE Med. Sys. Info. Techs., Inc., 369 F.3d 645, 655 (2d Cir. 2004). SO ORDERED. (Signed by Judge Ronnie Abrams on 5/28/2021) (ama)
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| Filing 32 STATUS REPORT. re Mediation Document filed by Daniel Texcahau Cerezo(individually), Daniel Texcahau Cerezo(on behalf of others similarly situated)..(Barton, Jesse) |
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Filing 30
MEDIATION REFERRAL ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The parties are notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 5/14/2021. (Signed by Judge Ronnie Abrams on 5/4/2021) (rj)
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Filing 29
ORDER granting #28 Letter Motion for Extension of Time. By separate order, this Court will again refer this matter to mediation. Within two weeks of the termination of mediation, the parties shall submit a joint status letter to the Court. SO ORDERED. (Signed by Judge Ronnie Abrams on 5/4/2021) (rj)
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| Filing 28 LETTER MOTION for Extension of Time to hold Mediation Conference addressed to Judge Ronnie Abrams from Stephen D. Hans dated 05/03/2021. Document filed by 53 West 72nd Street Cafe LLC, Lakhvir Singh, Manjit Singh, Phuman Singh..(Hans, Stephen) |
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Filing 27
ORDER: Plaintiff has notified the Court that the mediation scheduled for April 20, 2021 was cancelled after Defendants did not submit the required pre-mediation materials. Dkt. 26. No later than May 7, 2021, Defendants shall submit a letter to the Court explaining why they did not comply with the Court's order of October 28, 2020, Dkt. 24, and why they did not participate in the mediation in good faith. SO ORDERED. (Signed by Judge Ronnie Abrams on 4/28/2021) (va)
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| Filing 26 STATUS REPORT. Plaintiff's Status Report re Mediation Document filed by Daniel Texcahau Cerezo(individually), Daniel Texcahau Cerezo(on behalf of others similarly situated)..(Barton, Jesse) |
| MEDIATION CONFERENCE NOT HELD Mediation Conference scheduled for 4/20/2021 was not held. Mediation Status due by 5/3/2021.(sb) |
| MEDIATION CONFERENCE NOT HELD Mediation Conference scheduled for 2/17/2021 was not held.(sb) |
| MEDIATION CONFERENCE SCHEDULED First Mediation Conference scheduled for 4/20/2021 at 10:30 AM through video conference.(sb) |
| MEDIATION CONFERENCE SCHEDULED First Mediation Conference scheduled for 2/17/2021 at 10:30 AM through video conference.(sb) |
| MEDIATION CONFERENCE NOT HELD Mediation Conference scheduled for 1/12/2021 was not held.(sb) |
| MEDIATION CONFERENCE SCHEDULED First Mediation Conference scheduled for 1/12/2021 at 10:30 AM through video conference.(ah) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 11/30/2020..(rpr) |
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Filing 24
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 11/9/2020. (Signed by Judge Ronnie Abrams on 12/10/19) (rpr)
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Filing 23
NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(i): Pursuant to F.R.C.P. 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff Daniel Texcahau Cerezo, individually and on behalf of others similarly situated, by and through his attorneys, Michael Faillace & Associates, P.C., hereby gives notice that the above captioned action is voluntarily dismissed, without prejudice, against defendant Jennifer Klein. Jennifer Klein terminated. SO ORDERED. (Signed by Judge Ronnie Abrams on 10/19/2020) (jca)
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| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #22 Notice of Voluntary Dismissal was reviewed and referred to Judge Ronnie Abrams for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal in a Fair Labor Standards Act (FLSA) case. (km) |
| Filing 22 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) Jennifer Klein. Document filed by Daniel Texcahau Cerezo(individually), Daniel Texcahau Cerezo(on behalf of others similarly situated). Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Faillace, Michael) |
| Filing 21 LETTER addressed to Judge Ronnie Abrams from Jesse Barton dated October 16, 2020 re: Defendants' Appearance. Document filed by Daniel Texcahau Cerezo(individually), Daniel Texcahau Cerezo(on behalf of others similarly situated)..(Barton, Jesse) |
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Filing 20
ORDER: Plaintiff served Defendants in this matter on August 20, 2020. Dkt. 1416. None of the Defendants have answered the Complaint or otherwise appeared. No later than October 29, 2020, Plaintiff shall notify the Court whether he intends to move for default judgment. In the event Plaintiff fails to comply with this order, the Court may dismiss this action pursuant to Rule 41(b). See Fed. R. Civ. P. 41(b). (Signed by Judge Ronnie Abrams on 10/16/2020) (nb)
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| Filing 19 ANSWER to #1 Complaint,. Document filed by 53 West 72nd Street Cafe LLC, Lakhvir Singh, Manjit Singh, Phuman Singh..(Hans, Stephen) |
| Filing 18 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 53 West 72nd Street Cafe LLC, Lakhvir Singh, Manjit Singh, Phuman Singh..(Hans, Stephen) |
| Filing 17 NOTICE OF APPEARANCE by Stephen D. Hans on behalf of 53 West 72nd Street Cafe LLC, Lakhvir Singh, Manjit Singh, Phuman Singh..(Hans, Stephen) |
| Filing 16 AFFIDAVIT OF SERVICE of Summons and Complaint,. Manjit Singh served on 8/20/2020, answer due 9/10/2020. Service was accepted by Mr. Raj, Co-worker. Document filed by Daniel Texcahau Cerezo(individually); Daniel Texcahau Cerezo(on behalf of others similarly situated)..(Faillace, Michael) |
| Filing 15 AFFIDAVIT OF SERVICE of Summons and Complaint,. Phuman Singh served on 8/20/2020, answer due 9/10/2020. Service was accepted by Mr. Raj, Co-worker. Document filed by Daniel Texcahau Cerezo(individually); Daniel Texcahau Cerezo(on behalf of others similarly situated)..(Faillace, Michael) |
| Filing 14 AFFIDAVIT OF SERVICE of Summons and Complaint,. Lakhvir Singh served on 8/20/2020, answer due 9/10/2020. Service was accepted by Mr. Raj, Co-worker. Document filed by Daniel Texcahau Cerezo(individually); Daniel Texcahau Cerezo(on behalf of others similarly situated)..(Faillace, Michael) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to Jennifer Klein..(dnh) |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to Jennifer Klein, re: #1 Complaint,. Document filed by Daniel Texcahau Cerezo(individually), Daniel Texcahau Cerezo(on behalf of others similarly situated)..(Faillace, Michael) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Lakhvir Singh..(pne) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Manjit Singh..(pne) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Phuman Singh..(pne) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to 53 West 72nd Street Cafe LLC..(pne) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. 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) |
| 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. (pne) |
| Case Designated ECF. (pne) |
| Filing 7 NOTICE OF APPEARANCE by Jesse S Barton on behalf of Daniel Texcahau Cerezo(individually), Daniel Texcahau Cerezo(on behalf of others similarly situated)..(Barton, Jesse) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Lakhvir Singh, re: #1 Complaint,. Document filed by Daniel Texcahau Cerezo(individually), Daniel Texcahau Cerezo(on behalf of others similarly situated)..(Faillace, Michael) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Manjit Singh, re: #1 Complaint,. Document filed by Daniel Texcahau Cerezo(individually), Daniel Texcahau Cerezo(on behalf of others similarly situated)..(Faillace, Michael) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Phuman Singh, re: #1 Complaint,. Document filed by Daniel Texcahau Cerezo(individually), Daniel Texcahau Cerezo(on behalf of others similarly situated)..(Faillace, Michael) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to 53 West 72nd Street Cafe LLC (d/b/a The Dakota Bar), re: #1 Complaint,. Document filed by Daniel Texcahau Cerezo(individually), Daniel Texcahau Cerezo(on behalf of others similarly situated)..(Faillace, Michael) |
| Filing 2 CIVIL COVER SHEET filed..(Faillace, Michael) |
| Filing 1 COMPLAINT against 53 West 72nd Street Cafe LLC, Jennifer Klein, Lakhvir Singh, Manjit Singh, Phuman Singh. (Filing Fee $ 400.00, Receipt Number ANYSDC-20722019)Document filed by Daniel Texcahau Cerezo(individually), Daniel Texcahau Cerezo(on behalf of others similarly situated)..(Faillace, Michael) |
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