Villanueva v. MM Wine and Liquor LLC et al
| Monica Villanueva |
| Awilda Ruiz, MM Wine and Liquor LLC and MM Wine and Liquor LLC jointly and individually doing business as Hair Galore |
| 1:2020cv06297 |
| August 11, 2020 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Labor: Fair Standards |
| 28 U.S.C. § 1331 fl |
| None |
Docket Report
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Filing 28
MEMO ENDORSEMENT: on re: #27 Letter filed by Monica Villanueva. ENDORSEMENT: This case having been referred to the undersigned for settlement (ECF No. 8), requests regarding such matters should be addressed accordingly.The Settlement Conference Scheduled for October 27, 2020 is moving forward. Per the Honorable Jesse M. Furman's September 22, 2020 Order, while the extension of time to answer was granted, the parties are still expected to participate "in an early mediation session at least two weeks prior to" Judge Furman's November 12, 2020 initial pretrial conference. (ECF No. 26). SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 9/23/2020) (ama)
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| Filing 27 FIRST LETTER addressed to Judge Jesse M. Furman from Jacob Aronauer dated 09/23/2020 re: MM Wine and Liquor. Document filed by Monica Villanueva..(Aronauer, Jacob) |
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Filing 26
ORDER granting #24 Letter Motion for Extension of Time to Answer. Application GRANTED. Defendants shall answer or otherwise respond to the Complaint no later than October 22, 2020. Per the Court's order of September 17, 2020, ECF No. 19, the proceedings scheduled for November 12, 2020 shall be treated as the initial pretrial conference, and the parties shall follow the pre-conference procedures specified in the Court's Order of August 12, 2020, including by submitting a joint letter addressing certain topics and a proposed case management plan no later than the Thursday prior to the conference and by participating in an early mediation session at least two weeks prior to the conference. See ECF No. 9. The Clerk of Court is directed to terminate ECF No. 24. SO ORDERED. MM Wine and Liquor LLC answer due 10/22/2020; Awilda Ruiz answer due 10/22/2020. (Signed by Judge Jesse M. Furman on 9/22/2020) (ama)
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| Filing 25 FIRST LETTER addressed to Judge Jesse M. Furman from Jacob Aronauer dated 09/22/2020 re: Service. Document filed by Monica Villanueva..(Aronauer, Jacob) |
| Filing 24 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Jesse M. Furman from Abraham Hamra, Esq dated 09/22/2020. Document filed by MM Wine and Liquor LLC, Awilda Ruiz..(Hamra, Abraham) |
| Filing 23 NOTICE OF APPEARANCE by Anthony R. Portesy on behalf of MM Wine and Liquor LLC, Awilda Ruiz..(Portesy, Anthony) |
| Filing 22 NOTICE OF APPEARANCE by Abraham Hamra on behalf of MM Wine and Liquor LLC, Awilda Ruiz..(Hamra, Abraham) |
| Filing 21 CERTIFICATE OF SERVICE served on Awilda Ruiz on 09/17/2020. Service was made by Mail. Document filed by Monica Villanueva..(Aronauer, Jacob) |
| Filing 20 AFFIDAVIT OF SERVICE of Court Order served on MM Wine and Liquor LLC on 09/17/2020. Service was made by Mail. Document filed by Monica Villanueva..(Aronauer, Jacob) |
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Filing 19
ORDER SCHEDULING DEFAULT JUDGMENT BRIEFING AND SHOW CAUSE HEARING: it is hereby ORDERED that any motion for default judgment shall be filed, in accordance with the Court's Individual Rules and Practices for Civil Cases (available at http://nysd.uscourts.gov/judge /Furman), no later than October 1, 2020. Defendant shall file any opposition to the motion for default judgment no later than October 8, 2020. If a motion for default judgment is filed, it is further ORDERED that Defendants appear and show cause before this Court, Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York, on November 12, 2020, at 3:30 p.m., why an order should not be issued granting a default judgment against Defendants. Prior to that date, Plaintiff must file the proposed default judgment order electronically, using the ECF Filing Event Proposed Default Judgment, for the Clerk's approval. It is further ORDERED that Plaintiff serve Defendants via overnight courier (1) with a copy of this Order within one business day of the date of this Order; and (2) with a copy of the motion for default judgment and all supporting papers within one business day of the date of any such motion. In each case, within two business days of service, Plaintiff must file proof of such service on the docket. (Show Cause Hearing set for 11/12/2020 at 03:30 PM before Judge Jesse M. Furman.), (Motions due by 10/1/2020., Responses due by 10/8/2020) (Signed by Judge Jesse M. Furman on 9/17/2020) (nb)
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| Filing 18 AFFIRMATION of Jacob Aronauer in Support. Document filed by Monica Villanueva..(Aronauer, Jacob) |
| Filing 17 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Monica Villanueva..(Aronauer, Jacob) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 9/15/2020 (km). |
| Filing 16 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AFFIDAVIT of Jacob Aronauer in Support. Document filed by Monica Villanueva..(Aronauer, Jacob) Modified on 9/15/2020 (km). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Jacob Aronauer. RE-FILE Document No. #15 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): the attorney's affidavit in support needs to be filed as a separate entry (Filed under other answers, affidavit in support of a non-motion). (km) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Jacob Aronauer to RE-FILE Document #16 Affidavit in Support. Use the event type other answers, declaration in support of a non-motion. (km) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Jacob Aronauer. RE-FILE Document No. #17 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): if you're looking for default against several defendants, please file a separate clerk's certificate for each defaulting defendant. Each certificate needs to be filed separately as well (filed under proposed orders, proposed clerk's certificate of default). (km) |
| Filing 15 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Monica Villanueva..(Aronauer, Jacob) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 9/15/2020 (km). |
| Filing 14 AFFIDAVIT OF SERVICE. Awilda Ruiz served on 8/25/2020, answer due 9/15/2020. Service was accepted by Awild Ruiz. Document filed by Monica Villanueva..(Aronauer, Jacob) |
| Filing 13 AFFIDAVIT OF SERVICE. MM Wine and Liquor LLC served on 8/20/2020, answer due 9/10/2020. Service was accepted by Sue Zouky. Document filed by Monica Villanueva..(Aronauer, Jacob) |
| Filing 12 AFFIDAVIT OF SERVICE of Judge's Individual Rules, Court Order and letter from Jacob Aronauer served on Awilda Ruiz on 08/13/2020. Service was made by Mail. Document filed by Monica Villanueva..(Aronauer, Jacob) |
| Filing 11 AFFIDAVIT OF SERVICE of Judge's Individual Rules, Court Order and letter from Jacob Aronauer served on MM Wine and Liquor LLC on 08/13/2020. Service was made by Mail. Document filed by Monica Villanueva..(Aronauer, Jacob) |
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Filing 10
SETTLEMENT CONFERENCE SCHEDULING ORDER: In light of the Honorable Jesse M. Furmans referral (ECF No. 8), a settlement conference is scheduled for Tuesday, October 27, 2020, at 2:00 pm in Courtroom 18A, 500 Pearl Street, New York, New York. All persons attending the conference must arrive at least 15 minutes beforehand to allow for the time required to pass through the security process The parties should note that paragraph 4 of the Standing Order requires certain written submissions, which must be received by the Court and opposing counsel no later than midnight four (4) business days before the conference: that is October 21, 2020. These submissions must be emailed to Chambers at cave_nysdchambers@nysd.uscourts.gov; the submissions should not be submitted via the ECF system. Counsel must ensure that their client(s) and insurer(s), if any, have read the other sides submission before the conference. SO ORDERED. ( Settlement Conference set for 10/27/2020 at 02:00 PM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 8/13/20) (yv)
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Filing 9
ORDER REGARDING EARLY MEDIATION AND THE INITIAL PRETRIAL CONFERENCE: This case, involving claims under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. 201 et seq., has been assigned to this Court for all purposes. In the Court's experience, cases involving FLSA claims often benefit from early mediation. To that end, by separate Order to be entered today, the Court is referring this case to the assigned Magistrate Judge for settlement purposes. Unless and until the Court orders otherwise, no later than one week after an answer is filed, the parties shall contact the Chambers of the assigned Magistrate Judge to schedule a settlement conference to take place at least two weeks before the initial pretrial conference scheduled below. Separate and apart from the foregoing, it is hereby ORDERED that counsel for all parties appear for an Initial Conference set for 11/12/2020 at 03:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman, and as further set forth in this order. (Signed by Judge Jesse M. Furman on 8/12/2020) (jwh)
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Filing 8
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Sarah L Cave. The parties are directed to contact the chambers of Magistrate Judge Cave no later than no later than one week after an answer is filed to schedule a settlement conference to take place at least two weeks before the initial pretrial conference scheduled for November 12, 2020. (Signed by Judge Jesse M. Furman on 8/12/2020) (rj) Modified on 8/25/2020 (rj).
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| Filing 7 ELECTRONIC SUMMONS ISSUED as to MM Wine and Liquor LLC..(pne) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Awilda Ruiz..(pne) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jacob Aronauer. The party information for the following party/parties has been modified: MM Wine and Liquor LLC. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted. (pne) |
| Magistrate Judge Sarah L. Cave 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 5 REQUEST FOR ISSUANCE OF SUMMONS as to Awilda Ruiz, re: #1 Complaint. Document filed by Monica Villanueva..(Aronauer, Jacob) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to MM Wine and Liquor LLC, re: #1 Complaint. Document filed by Monica Villanueva..(Aronauer, Jacob) |
| Filing 3 CIVIL COVER SHEET filed..(Aronauer, Jacob) |
| Filing 2 FILING ERROR - PDF ERROR -CIVIL COVER SHEET filed..(Aronauer, Jacob) Modified on 8/12/2020 (pne). |
| Filing 1 COMPLAINT against MM Wine and Liquor LLC, Awilda Ruiz. (Filing Fee $ 400.00, Receipt Number ANYSDC-21096184)Document filed by Monica Villanueva..(Aronauer, Jacob) |
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