Pena et al v. Carib Inc. et al
| Luis Hernandez, Ricardo Garcia, Victorino Mendez Del La Cruz, Vanesa Largo, Karla Calderon, Pablo Gonzalez, Luis Almonte, Alejandro Valerio, Anibal Sigaran, Esdras Morales, Jose Pena, Rufino Peralto and Miguel Hernandez |
| HNY Inc., Carib Inc., Abbai Taghavitalab, Carib Inc. doing business as Havana NY Restaurant & Bar and HNY Inc. doing business as Havana NY Restaurant & Bar |
| 1:2020cv07810 |
| September 22, 2020 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Debra C Freeman |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Both |
Docket Report
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Filing 17
PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... Motions terminated: #12 MOTION for Protective Order filed by HNY Inc., Carib Inc. (Signed by Magistrate Judge Debra C. Freeman on 11/18/2020) (rjm)
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Filing 16
SCHEDULING ORDER: This Court having held a telephonic initial pretrial conference on November 18, 2020, with counsel for all parties, it is hereby ORDERED, as stated at the conference, that: No later than December 11, 2020, the parties shall make initial disclosures under Rule 26(a)(1) of the Federal Rules of Civil Procedure; such disclosures shall specifically include the parties' identification of witnesses and the production by Defendants of all wage and hour records for the named Plaintiffs, but shall not include Plaintiff's damages computation. No later than January 8, 2021, Plaintiffs shall serve their initial damages computation, together with a settlement demand. After such service, the parties are directed to engage in good-faith settlement discussions, and, no later than January 22, 2021, they are directed to submit a joint status letter to the Court regarding the progress of those discussions. If the parties are unable to resolve this action before then, they shall serve their initial document requests and interrogatories no later than January 29, 2021. In their initial interrogatories, the parties may, as reasonable, seek information outside the scope of Local Civil Rule 33.3(a). Any motions to amend the pleadings or to join any additional parties shall be filed no later than March 19, 2021. All discovery shall be completed no later than June 30, 2021. Except for the status letter due January 22, 2021, the parties may stipulate to modify any interim deadlines in this Scheduling Order, without seeking prior leave of Court. SO ORDERED. Copies to: All counsel (via ECF) Motions due by 3/19/2021. Discovery due by 6/30/2021. (Signed by Magistrate Judge Debra C. Freeman on 11/18/2020) (ama)
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| Filing 15 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER. Document filed by Luis Almonte, Karla Calderon, Ricardo Garcia, Pablo Gonzalez, Luis Hernandez, Miguel Hernandez, Vanesa Largo, Victorino Mendez Del La Cruz, Esdras Morales, Jose Pena, Rufino Peralto, Anibal Sigaran, Alejandro Valerio..(Cilenti, Giustino) Proposed Order to be reviewed by Clerk's Office staff. Modified on 11/18/2020 (km). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER. Notice to attorney Giustino Cilenti to RE-FILE Document No. #15 Proposed Order. The filing is deficient for the following reason(s): the document is missing a So Ordered signature line with the date for the Judge to sign. Re-file the document using the event type Proposed Order found under the event list Proposed Orders. (km) |
| Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Initial Pretrial Conference held via telephone on 11/18/2020. Status Report Re: settlement progress, due by 1/22/2021. (aba) |
| Filing 14 ANSWER to #1 Complaint, with JURY DEMAND. Document filed by Carib Inc., HNY Inc., Abbai Taghavitalab..(Chong, Michael) |
| Filing 13 PROPOSED SCHEDULING ORDER. Document filed by Luis Almonte, Karla Calderon, Ricardo Garcia, Pablo Gonzalez, Luis Hernandez, Miguel Hernandez, Vanesa Largo, Victorino Mendez Del La Cruz, Esdras Morales, Jose Pena, Rufino Peralto, Anibal Sigaran, Alejandro Valerio..(Cilenti, Giustino) |
| Filing 12 MOTION for Protective Order . Document filed by Carib Inc., HNY Inc...(Chong, Michael) |
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Filing 11
STIPULATION AND ORDER EXTENDING TIME TO ANSWER. IT IS HEREBY STIPULATED AND AGREED, by and between the Parties in the above captioned action, acting by means of their respective counsel, that the time for Defendants to answer, move or otherwise respond with respect to the Complaint in the above captioned matter is hereby extended to 30 days from the date this Stipulation is so ordered by the Court. There has been no previous request for an extension of time, and as further set forth in this Stipulation and Order. So ordered. Motions terminated: #10 MOTION for Extension of Time to File Answer filed by HNY Inc., Abbai Taghavitalab, Carib Inc. (Signed by Magistrate Judge Debra C. Freeman on 10/16/2020) (rjm)
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| Filing 10 MOTION for Extension of Time to File Answer . Document filed by Carib Inc., HNY Inc., Abbai Taghavitalab..(Chong, Michael) |
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Filing 9
SCHEDULING ORDER: It is hereby ORDERED as follows: The Court will hold a telephonic initial pretrial conference in the above-captioned case on November 18, 2020 at 10:00 a.m. The parties are directed to call the following Toll-Free Number: 877-411-9748 and use Access Code: 9612281. The parties are directed to file, no later than November 11, 2020, a jointly proposed discovery plan, pursuant to Rule 26(f) of the Federal Rules of Civil Procedure, and as further specified and set forth in this Order. So ordered. (Initial Conference set for 11/18/2020 at 10:00 AM before Magistrate Judge Debra C. Freeman). (Signed by Magistrate Judge Debra C. Freeman on 10/14/2020) Copies to: All counsel (via ECF). (rjm)
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| Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by HNY Inc...(Chong, Michael) |
| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Carib Inc...(Chong, Michael) |
| Filing 6 NOTICE OF APPEARANCE by Michael K. Chong on behalf of Carib Inc., HNY Inc., Abbai Taghavitalab..(Chong, Michael) |
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Filing 5
ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Debra C. Freeman. (Signed by Judge Paul A. Engelmayer on 9/23/2020) (kv)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to Carib Inc., HNY Inc., Abbai Taghavitalab. (sj) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Giustino Cilenti. The party information for the following party/parties has been modified: Carib Inc.; HNY Inc.. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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..(sj) |
| Case Designated ECF. (sj) |
| Magistrate Judge Debra C. Freeman 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. (sj) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Carib Inc., HNY Inc., and Abbai Taghavitalab, re: #1 Complaint,. Document filed by Luis Almonte, Karla Calderon, Ricardo Garcia, Pablo Gonzalez, Luis Hernandez, Miguel Hernandez, Vanesa Largo, Victorino Mendez Del La Cruz, Esdras Morales, Jose Pena, Rufino Peralto, Anibal Sigaran, Alejandro Valerio..(Cilenti, Giustino) |
| Filing 2 CIVIL COVER SHEET filed..(Cilenti, Giustino) |
| Filing 1 COMPLAINT against Carib Inc., HNY Inc., Abbai Taghavitalab. (Filing Fee $ 400.00, Receipt Number ANYSDC-21785263)Document filed by Esdras Morales, Rufino Peralto, Luis Hernandez, Jose Pena, Karla Calderon, Luis Almonte, Victorino Mendez Del La Cruz, Ricardo Garcia, Anibal Sigaran, Pablo Gonzalez, Vanesa Largo, Alejandro Valerio, Miguel Hernandez..(Cilenti, Giustino) |
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