Garcia et al v. Marco Polo Caterers, Inc. et al
| Ricardo Garcia and Giovanny Bello |
| Jo Ann Makovitzky, Marco Polo Caterers, Inc. doing business as Tocqueville, Marco Moreira and Marco Polo Caterers LLC |
| 1:2020cv08278 |
| October 5, 2020 |
| US District Court for the Southern District of New York |
| Edgardo Ramos |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 21, 2021. A more recent docket listing may be available from PACER.
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| Filing 29 SATISFACTION OF JUDGMENT re: #26 Judgment, entered In favor of Giovanny Bello Against Jo Ann Makovitzky, In favor of Giovanny Bello Against Marco Polo Caterers LLC, In favor of Giovanny Bello Against Marco Moreira in the amount of $50,000.00. Judgment satisfied on 9/21/2021. Document filed by Jo Ann Makovitzky, Marco Polo Caterers LLC, Marco Moreira.(dt) |
| Filing 28 PROPOSED FULL SATISFACTION OF JUDGMENT. Satisfaction of Judgment to be Mailed by the Court. Document filed by Jo Ann Makovitzky, Marco Polo Caterers LLC, Marco Moreira..(Bogdan, Alexander) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
Filing 26
JUDGMENT: WHEREAS, pursuant to Rule 68 of the Federal Rules of Civil Procedure, MARCO POLO CATERERS LLC, MARCO MOREIRA, and JO ANN MAKOVITZK (hereinafter collectively "Defendants") having offered to allow Plaintiff GIOVANNY BELLO ("Plaintiff") to take a judgment against them, jointly and severally, in the sum of Fifty Thousand Dollars and Zero Cents ($50,000.00), in accordance with the terms and conditions of Defendants' Rule 68 Offer dated April 27, 2021 and filed as Exhibit A to Docket Number 24; It is ORDERED, ADJUDGED, AND DECREED, that judgment is entered in favor of Plaintiff in accordance with the terms and conditions of Defendants' Rule 68 Offer dated April 27, 2021 and filed as Exhibit A to Docket Number 24. The Clerk is directed to close this case. (Signed by Judge Edgardo Ramos on 4/29/2021) (cf)
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| ***NOTICE TO COURT REGARDING PROPOSED JUDGMENT. Document No. #25 Proposed Judgment was reviewed and approved as to form. (dt) |
| ***NOTICE TO COURT REGARDING NOTICE OF ACCEPTANCE WITH OFFER OF JUDGMENT. Document No. #24 Notice of Acceptance with Offer of Judgment was reviewed and approved as to form. (dt) |
| Filing 25 PROPOSED JUDGMENT. Re: Document No. #24 Notice of Acceptance with Offer of Judgment. Document filed by Giovanny Bello..(Lee, C.K.) Proposed Judgment to be reviewed by Clerk's Office staff. |
| Filing 24 NOTICE OF ACCEPTANCE WITH OFFER OF JUDGMENT . Document filed by Giovanny Bello. (Attachments: #1 Exhibit A (Defendants' Offer of Judgment)).(Lee, C.K.) |
| Minute Entry for proceedings held before SDNY Mediation: Mediation Conference held on 3/23/2021. Mediation Status due by 4/22/2021. (sb) |
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Filing 23
NOTICE OF DISMISSAL PURSUANT TO FRCP 41(a)(1)(A)(i): PLEASE TAKE NOTICE that, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), the claims of Plaintiff RICARDO GARCIA are hereby dismissed in their entirety, without prejudice and without costs or attorneys' fees to any party, as against Defendants. For the avoidance of doubt, Plaintiff GIOVANNY BELLO maintains his claims in this action as against Defendants. SO ORDERED. (Signed by Judge Edgardo Ramos on 3/9/2021) (nb)
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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 Edgardo Ramos for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (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 and without costs against the defendant(s) Jo Ann Makovitzky, Marco Polo Caterers LLC, Marco Polo Caterers, Inc., Marco Moreira. Document filed by Ricardo Garcia. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Lee, C.K.) |
| Filing 21 ANSWER to #13 Amended Complaint. Document filed by Jo Ann Makovitzky, Marco Polo Caterers LLC, Marco Moreira..(Bogdan, Alexander) |
| MEDIATION CONFERENCE SCHEDULED First Mediation Conference scheduled for 3/23/2021 at 10:30 AM through video conference.(sb) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 3/8/2021..(ah) |
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Filing 20
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 1/29/2021. (Signed by Judge Edgardo Ramos on 12/10/19) (rpr)
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Filing 19
ORDER granting #18 Letter Motion for Extension of Time to Answer: Granted. The deadline for Defendants Moreira and Makovitzky to respond to the amended complaint is hereby extended to March 8, 2021. The Clerk of Court is respectfully directed to terminate the motion. Doc. 18. (Jo Ann Makovitzky answer due 3/8/2021; Marco Moreira answer due 3/8/2021.) (Signed by Judge Edgardo Ramos on 1/8/2021) (jwh)
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| Filing 18 CONSENT LETTER MOTION for Extension of Time to File Answer /respond to Complaint addressed to Judge Edgardo Ramos from Alexander Bogdan, Esq. dated January 8, 2021. Document filed by Jo Ann Makovitzky, Marco Polo Caterers LLC, Marco Moreira..(Bogdan, Alexander) |
| Filing 17 NOTICE OF APPEARANCE by Alexander William Bogdan on behalf of Jo Ann Makovitzky, Marco Polo Caterers LLC, Marco Moreira..(Bogdan, Alexander) |
| Filing 16 NOTICE OF APPEARANCE by Carolyn Diane Richmond on behalf of Jo Ann Makovitzky, Marco Polo Caterers LLC, Marco Moreira..(Richmond, Carolyn) |
| Filing 15 WAIVER OF SERVICE RETURNED EXECUTED. Marco Polo Caterers LLC waiver sent on 1/5/2021, answer due 3/8/2021. Document filed by Ricardo Garcia; Giovanny Bello..(Lee, C.K.) |
| Filing 14 NOTICE OF APPEARANCE by Anne Melissa Seelig on behalf of Giovanny Bello, Ricardo Garcia..(Seelig, Anne) |
| Filing 13 FIRST AMENDED COMPLAINT amending #1 Complaint against Jo Ann Makovitzky, Marco Moreira, Marco Polo Caterers LLC with JURY DEMAND.Document filed by Ricardo Garcia, Giovanny Bello. Related document: #1 Complaint..(Lee, C.K.) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney C.K. Lee. The party information for the following party/parties has been modified: Ricardo Garcia, Giovanny Bello. The information for the party/parties has been modified for the following reason/reasons: party text was omitted and Marco Polo Caterers, Inc.doing business asTocqueville was terminated as of the Amended Complaint. (gp) |
| Filing 12 WAIVER OF SERVICE RETURNED EXECUTED. Jo Ann Makovitzky waiver sent on 12/10/2020, answer due 2/8/2021; Marco Polo Caterers, Inc. waiver sent on 12/10/2020, answer due 2/8/2021; Marco Moreira waiver sent on 12/10/2020, answer due 2/8/2021. Document filed by Ricardo Garcia; Giovanny Bello..(Lee, C.K.) |
| Filing 11 SUMMONS RETURNED EXECUTED. Marco Polo Caterers, Inc. served on 11/2/2020, answer due 11/23/2020. Document filed by Ricardo Garcia; Giovanny Bello..(Lee, C.K.) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Jo Ann Makovitzky..(pc) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Marco Moreira..(pc) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Marco Polo Caterers, Inc...(pc) |
| Magistrate Judge Stewart D. Aaron 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. (pc) |
| Case Designated ECF. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. 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..(pc) |
| Filing 7 CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Giovanny Bello..(Lee, C.K.) |
| Filing 6 CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Ricardo Garcia..(Lee, C.K.) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Jo Ann Makovitzky, re: #1 Complaint. Document filed by Giovanny Bello, Ricardo Garcia..(Lee, C.K.) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Marco Moreira, re: #1 Complaint. Document filed by Giovanny Bello, Ricardo Garcia..(Lee, C.K.) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Marco Polo Caterers, Inc., re: #1 Complaint. Document filed by Giovanny Bello, Ricardo Garcia..(Lee, C.K.) |
| Filing 2 CIVIL COVER SHEET filed..(Lee, C.K.) |
| Filing 1 COMPLAINT against Jo Ann Makovitzky, Marco Polo Caterers, Inc., Marco Moreira. (Filing Fee $ 400.00, Receipt Number ANYSDC-21982285)Document filed by Ricardo Garcia, Giovanny Bello..(Lee, C.K.) |
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