Romero v. Ballreich Snack Food Company, LLC
Plaintiff: Josue Romero
Defendant: Ballreich Snack Food Company, LLC
Case Number: 1:2020cv08533
Filed: October 13, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Jesse M Furman
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 28:1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 28, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 10, 2020 Filing 10 INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Document filed by Josue Romero. (Attachments: #1 Case Management Plan).(Mizrahi, Joseph)
December 7, 2020 Opinion or Order Filing 9 ORDER: In light of the COVID-19 situation, the Court will not hold the upcoming conference in this case in person. Counsel should submit their proposed case management plan and joint letter by the Thursday prior to the conference, as directed in the Court's earlier Scheduling Order. In their joint letter, the parties should also indicate whether they can do without a conference altogether. If so, the Court may enter a case management plan and scheduling order and the parties need not appear. If not, the Court will hold the initial conference by telephone, albeit perhaps at a different time. To that end, counsel should indicate in their joint letter dates and times during the week of the conference that they would be available for a telephone conference. In either case, counsel should review and comply with the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://nysd.uscourts.gov/hon-jesse-m-furman. (Signed by Judge Jesse M. Furman on 12/7/2020) (jwh)
November 18, 2020 Opinion or Order Filing 8 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 https://nysd.uscourts.gov/hon-jesse-m-furman), no later than December 2, 2020. Defendant shall file any opposition to the motion for default judgment no later than December 9, 2020. Defendant is cautioned that a limited liability company may appear in federal court only through licensed counsel, see Lattanzio v. COMTA, 481 F.3d 137, 140 (2d Cir. 2007), and where a limited liability company "repeatedly fails to appear by counsel, a default judgment may be entered against it," Grace v. Bank Leumi Tr. Co. of N.Y., 443 F.3d 180, 192 (2d Cir. 2006) (internal quotation marks omitted). If a motion for default judgment is filed, it is further ORDERED that Defendant appear and show cause before this Court, Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York, on December 15, 2020, at 1:30 p.m., why an order should not be issued granting a default judgment against Defendant. 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. The parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the initial pretrial conference. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at https://www.nysd.uscourts.gov/hon-jesse-m-furman. Any open legal issues can be addressed at the conference. The joint letter shall not exceed five (5) pages, and shall provide the following information in separate paragraphs as further set forth in this Order. It is further ORDERED that Plaintiff serve Defendant 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. SO ORDERED. ( Show Cause Hearing set for 12/15/2020 at 01:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.), ( Motions due by 12/2/2020., Responses due by 12/9/2020) (Signed by Judge Jesse M. Furman on 11/18/20) (yv)
November 18, 2020 Filing 7 NOTICE OF APPEARANCE by Sergio Ilario Scuteri on behalf of Ballreich Snack Food Company, LLC..(Scuteri, Sergio)
October 26, 2020 Filing 6 SUMMONS RETURNED EXECUTED. Ballreich Snack Food Company, LLC served on 10/22/2020, answer due 11/12/2020. Service was accepted by Jennifer Yanneli, Administrative Assistant. Document filed by Josue Romero..(Mizrahi, Joseph)
October 14, 2020 Opinion or Order Filing 5 ORDER. No later than the earlier of 100 days from the date of this Order or two weeks after Defendant enters a notice of appearance, the parties shall file a joint letter (unless Defendant has not appeared, in which case Plaintiff shall file the letter individually), not to exceed two pages, including the following information in separately numbered paragraphs as further set forth in this Order. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Rules and Practices forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Court's Individual Rules and Practices to that party personally. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/14/20) (yv)
October 14, 2020 Filing 4 ELECTRONIC SUMMONS ISSUED as to Ballreich Snack Food Company, LLC. (sj)
October 14, 2020 Case Designated ECF. (sj)
October 14, 2020 Magistrate Judge Kevin Nathaniel Fox 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)
October 14, 2020 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..(sj)
October 13, 2020 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Ballreich Snack Food Company, LLC, re: #1 Complaint. Document filed by Josue Romero..(Mizrahi, Joseph)
October 13, 2020 Filing 2 CIVIL COVER SHEET filed..(Mizrahi, Joseph)
October 13, 2020 Filing 1 COMPLAINT against Ballreich Snack Food Company, LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-22114094)Document filed by Josue Romero..(Mizrahi, Joseph)

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Defendant: Ballreich Snack Food Company, LLC
Represented By: Sergio Ilario Scuteri
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Plaintiff: Josue Romero
Represented By: Joseph H Mizrahi
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