Suriel Monte de Oca v. Dela Cruz et al
Plaintiff: Edilanyi Mabell Suriel Monte de Oca
Defendant: Agapinto Dela Cruz, Domingo Espinal, Luisa Martinez, Miguel Acosta, Jr., Zero Lounge Restaurant, Inc. d/b/a O'Side Restaurant& Lounge, ABC Corp's. 1-5, John Doe 1-10, Zero Lounge Restaurant, Inc doing business as O'Side Restaurant & Lounge and Agapito Dela Cruz
Case Number: 1:2020cv08442
Filed: October 9, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Vernon S Broderick
Nature of Suit: Labor: Fair Standards
Cause of Action: 29:201
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 22, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 1, 2020 Filing 38 CLERK'S CERTIFICATE OF DEFAULT as t0 ZERO LOUNGE RESTAURANT INC. d/b/a O'SIDE RESTAURANT & LOUNGE.(km)
December 1, 2020 Filing 37 CLERK'S CERTIFICATE OF DEFAULT as to AGAPITO DELA CRUZ.(km)
December 1, 2020 ***NOTICE TO ATTORNEY regarding DOCUMENT - EVENT TYPE ERROR. Notice to Attorney William Grae regarding Document #32 Proposed Clerk's Certificate of Default. Wrong event type was used to file declaration. Do not refile, document has already been correctly filed. (km)
December 1, 2020 Filing 36 DECLARATION of William H. Grae in Support re: #35 Proposed Clerk's Certificate of Default,. Document filed by Edilanyi Mabell Suriel Monte de Oca(on behalf of all similarly situated employees of Zero Lounge Restaurant, Inc.). (Attachments: #1 Exhibit Ex A - Complaint, #2 Exhibit Ex B - Proof of Service (Zero Lounge), #3 Exhibit Ex C - Proposed Certificate of Default (Zero Lounge) (corrected)).(Grae, William)
December 1, 2020 Filing 35 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Edilanyi Mabell Suriel Monte de Oca(on behalf of all similarly situated employees of Zero Lounge Restaurant, Inc.)..(Grae, William) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
December 1, 2020 Filing 34 DECLARATION of William H. Grae in Support re: #33 Proposed Clerk's Certificate of Default,. Document filed by Edilanyi Mabell Suriel Monte de Oca(on behalf of all similarly situated employees of Zero Lounge Restaurant, Inc.). (Attachments: #1 Exhibit Ex A - Complaint, #2 Exhibit Ex B - Proof of Service (De La Cruz), #3 Exhibit Ex C - Proposed Certificate of Default (Dela Cruz) (corrected)).(Grae, William)
December 1, 2020 Filing 33 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Edilanyi Mabell Suriel Monte de Oca(on behalf of all similarly situated employees of Zero Lounge Restaurant, Inc.)..(Grae, William) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
December 1, 2020 Filing 32 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Edilanyi Mabell Suriel Monte de Oca(on behalf of all similarly situated employees of Zero Lounge Restaurant, Inc.)..(Grae, William) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 12/1/2020 (km).
December 1, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney William Grae. RE-FILE Document No. #31 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s):the proposed clerk's certificate of default needs to list the name( of the person who accepted service of the summons and complaint. Please refer to ECF Rule 16.1 for proper filing. The top of the clerk's certificate lists a different name for the person you are seeking default against. Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders. (km)
December 1, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney William Grae. RE-FILE Document No. #30 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): the proposed clerk's certificate of default does not list the name of the person who accepted service of the summons and complaint. Please refer to ECF Rule 16.1 for proper filing. Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders. (km)
November 30, 2020 Filing 31 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Edilanyi Mabell Suriel Monte de Oca(on behalf of all similarly situated employees of Zero Lounge Restaurant, Inc.). (Attachments: #1 Exhibit Ex A - Complaint, #2 Exhibit Ex B - Proof of Service (Zero Lounge), #3 Exhibit Ex C - Proposed Certificate of Default (Zero Lounge)).(Grae, William) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 12/1/2020 (km).
November 30, 2020 Filing 30 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Edilanyi Mabell Suriel Monte de Oca(on behalf of all similarly situated employees of Zero Lounge Restaurant, Inc.). (Attachments: #1 Exhibit Ex A - Complaint, #2 Exhibit Ex B - Proof of Service (De La Cruz), #3 Exhibit Ex C - Proposed Certificate of Default (De La Cruz)).(Grae, William) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 12/1/2020 (km).
November 30, 2020 Filing 29 CERTIFICATE OF SERVICE of Summons and Complaint,. Domingo Espinal served on 11/30/2020, answer due 12/21/2020. Service was accepted by Domingo Espinal. Document filed by Edilanyi Mabell Suriel Monte de Oca(on behalf of all similarly situated employees of Zero Lounge Restaurant, Inc.)..(Grae, William)
November 10, 2020 Filing 28 ELECTRONIC AMENDED SUMMONS ISSUED as to Domingo Espinal..(dnh)
November 9, 2020 Filing 27 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Domingo Espinal, re: #1 Complaint,. Document filed by Edilanyi Mabell Suriel Monte de Oca(on behalf of all similarly situated employees of Zero Lounge Restaurant, Inc.)..(Grae, William)
November 9, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney William Henry Grae to RE-FILE Document No. #26 Request for Issuance of Summons. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons. Re-file the document using the event type Request for Issuance of Amended Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj)
November 6, 2020 Filing 26 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF SUMMONS as to Domingo Espinal, re: #1 Complaint. Document filed by Edilanyi Mabell Suriel Monte de Oca(on behalf of all similarly situated employees of Zero Lounge Restaurant, Inc.)..(Grae, William) Modified on 11/9/2020 (sj).
October 20, 2020 Filing 25 CERTIFICATE OF SERVICE of Summons and Complaint,. Zero Lounge Restaurant, Inc served on 10/20/2020, answer due 11/10/2020. Service was accepted by Jane (on behalf of CEO Dela Cruz). Service was made by Mail (as supplemental service). Document filed by Edilanyi Mabell Suriel Monte de Oca(on behalf of all similarly situated employees of Zero Lounge Restaurant, Inc.)..(Grae, William)
October 20, 2020 Filing 24 CERTIFICATE OF SERVICE of Summons and Complaint,. Agapito Dela Cruz served on 10/20/2020, answer due 11/10/2020. Service was accepted by Jane Doe (refused to provide name). Service was made by Mail. Document filed by Edilanyi Mabell Suriel Monte de Oca(on behalf of all similarly situated employees of Zero Lounge Restaurant, Inc.)..(Grae, William)
October 15, 2020 Filing 23 ELECTRONIC SUMMONS ISSUED as to Zero Lounge Restaurant, Inc..(dnh)
October 15, 2020 Filing 22 ELECTRONIC SUMMONS ISSUED as to Zero Lounge Restaurant, Inc..(dnh)
October 15, 2020 Filing 21 ELECTRONIC SUMMONS ISSUED as to Zero Lounge Restaurant, Inc..(dnh)
October 15, 2020 Filing 20 ELECTRONIC SUMMONS ISSUED as to Miguel Acosta, Jr...(dnh)
October 15, 2020 Filing 19 ELECTRONIC SUMMONS ISSUED as to Luisa Martinez..(dnh)
October 15, 2020 Filing 18 ELECTRONIC SUMMONS ISSUED as to Domingo Espinal..(dnh)
October 15, 2020 Filing 17 ELECTRONIC SUMMONS ISSUED as to Agapito Dela Cruz..(dnh)
October 14, 2020 Filing 16 REQUEST FOR ISSUANCE OF SUMMONS as to Zero Lounge Restaurant, Inc. (by personal svc on Dela Cruz as CEO), re: #1 Complaint,. Document filed by Edilanyi Mabell Suriel Monte de Oca(on behalf of all similarly situated employees of Zero Lounge Restaurant, Inc.)..(Grae, William)
October 14, 2020 Filing 15 REQUEST FOR ISSUANCE OF SUMMONS as to Zero Lounge Restaurant, Inc. (by Secy of State), re: #1 Complaint,. Document filed by Edilanyi Mabell Suriel Monte de Oca(on behalf of all similarly situated employees of Zero Lounge Restaurant, Inc.)..(Grae, William)
October 14, 2020 Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to Zero Lounge Restaurant, Inc., re: #1 Complaint,. Document filed by Edilanyi Mabell Suriel Monte de Oca(on behalf of all similarly situated employees of Zero Lounge Restaurant, Inc.)..(Grae, William)
October 14, 2020 Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to Miguel Acosta, Jr., re: #1 Complaint,. Document filed by Edilanyi Mabell Suriel Monte de Oca(on behalf of all similarly situated employees of Zero Lounge Restaurant, Inc.)..(Grae, William)
October 14, 2020 Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to Luisa Martinez, re: #1 Complaint,. Document filed by Edilanyi Mabell Suriel Monte de Oca(on behalf of all similarly situated employees of Zero Lounge Restaurant, Inc.)..(Grae, William)
October 14, 2020 Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to Domingo Espinal, re: #1 Complaint,. Document filed by Edilanyi Mabell Suriel Monte de Oca(on behalf of all similarly situated employees of Zero Lounge Restaurant, Inc.)..(Grae, William)
October 14, 2020 Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Agapito Dela Cruz, re: #1 Complaint,. Document filed by Edilanyi Mabell Suriel Monte de Oca(on behalf of all similarly situated employees of Zero Lounge Restaurant, Inc.)..(Grae, William)
October 14, 2020 ADD PARTY FOR PLEADING. Defendants/Respondents ABC Corp's. 1-5 added. Party added pursuant to #1 Complaint,.Document filed by Edilanyi Mabell Suriel Monte de Oca(on behalf of all similarly situated employees of Zero Lounge Restaurant, Inc.). Related document: #1 Complaint,..(Grae, William)
October 14, 2020 ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Edilanyi Mabell Suriel Monte de Oca added. Party added pursuant to #1 Complaint,.Document filed by Edilanyi Mabell Suriel Monte de Oca. Related document: #1 Complaint,..(Grae, William)
October 14, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney William Henry Grae to RE-FILE Document No. #8 Request for Issuance of Summons, #3 Request for Issuance of Summons, #9 Request for Issuance of Summons, #6 Request for Issuance of Summons, #5 Request for Issuance of Summons, #4 Request for Issuance of Summons, #7 Request for Issuance of Summons. The filing is deficient for the following reason(s): the wrong filer/filers were selected for the request for issuance of summons; All of the parties must be added to the docket as instructed before a summons may be issued. 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. (dnh)
October 14, 2020 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney William Henry Grae. The party information for the following party/parties has been modified: Agapinto Dela Cruz. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (dnh)
October 13, 2020 Filing 9 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST FILER ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Zero Lounge Restaurant, Inc. (by personal svc on Dela Cruz as CEO), re: #1 Complaint,. Document filed by Edilanyi Mabell Suriel Monte de Oca..(Grae, William) Modified on 10/14/2020 (dnh).
October 13, 2020 Filing 8 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST FILER ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Zero Lounge Restaurant, Inc. (by Secy of State), re: #1 Complaint,. Document filed by Edilanyi Mabell Suriel Monte de Oca..(Grae, William) Modified on 10/14/2020 (dnh).
October 13, 2020 Filing 7 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST FILER ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Zero Lounge Restaurant, Inc., re: #1 Complaint,. Document filed by Edilanyi Mabell Suriel Monte de Oca..(Grae, William) Modified on 10/14/2020 (dnh).
October 13, 2020 Filing 6 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST FILER ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Miguel Acosta, Jr., re: #1 Complaint,. Document filed by Edilanyi Mabell Suriel Monte de Oca..(Grae, William) Modified on 10/14/2020 (dnh).
October 13, 2020 Filing 5 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST FILER ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Luisa Martinez, re: #1 Complaint,. Document filed by Edilanyi Mabell Suriel Monte de Oca..(Grae, William) Modified on 10/14/2020 (dnh).
October 13, 2020 Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST FILER ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Domingo Espinal, re: #1 Complaint,. Document filed by Edilanyi Mabell Suriel Monte de Oca..(Grae, William) Modified on 10/14/2020 (dnh).
October 13, 2020 Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST FILER ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Agapito Dela Cruz, re: #1 Complaint,. Document filed by Edilanyi Mabell Suriel Monte de Oca..(Grae, William) Modified on 10/14/2020 (dnh).
October 13, 2020 Case Designated ECF. (jgo)
October 13, 2020 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. (jgo)
October 13, 2020 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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..(jgo)
October 13, 2020 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney William Henry Grae. The party information for the following party/parties has been modified: Edilanyi Mabell Suriel Monte de Oca; Zero Lounge Restaurant, Inc. d/b/a O'Side Restaurant& Lounge. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; alias was entered incorrectly. (jgo)
October 13, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney William Henry Grae re: Document No. #1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; add parties: Edilanyi Mabell Suriel Monte de Oca with party text 'on behalf of all similarly situated employees of Zero Lounge Restaurant, Inc.', John Doe 1 - 10 with party text 'being fictitiously named individuals whose identities are not yet known', and, ABC Corp's 1-5 with party text 'being fictitiously named corporate entities whose identities are not yet known'. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (jgo)
October 9, 2020 Filing 2 CIVIL COVER SHEET filed..(Grae, William)
October 9, 2020 Filing 1 COMPLAINT against Miguel Acosta, Jr., Agapinto Dela Cruz, Domingo Espinal, Luisa Martinez, Zero Lounge Restaurant, Inc. d/b/a O'Side Restaurant& Lounge. (Filing Fee $ 400.00, Receipt Number ANYSDC-22064964)Document filed by Edilanyi Mabell Suriel Monte de Oca..(Grae, William)

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Search for this case: Suriel Monte de Oca v. Dela Cruz et al
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Defendant: Agapinto Dela Cruz
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Defendant: Domingo Espinal
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Defendant: Luisa Martinez
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Defendant: Miguel Acosta, Jr.
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Defendant: Zero Lounge Restaurant, Inc. d/b/a O'Side Restaurant& Lounge
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Defendant: ABC Corp's. 1-5
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Defendant: John Doe 1-10
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Defendant: Zero Lounge Restaurant, Inc doing business as O'Side Restaurant & Lounge
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Defendant: Agapito Dela Cruz
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Plaintiff: Edilanyi Mabell Suriel Monte de Oca
Represented By: William Henry Grae
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