Gonzalez v. Red Lobster Restaurants LLC
| Destiny A. Gonzalez |
| Red Lobster Restaurants LLC and Alejandro Burgos |
| 1:2020cv08628 |
| October 14, 2020 |
| US District Court for the Southern District of New York |
| Alison J Nathan |
| Analisa Torres |
| Ona T Wang |
| Civil Rights: Jobs |
| None |
Docket Report
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This docket was last retrieved on December 16, 2021. A more recent docket listing may be available from PACER.
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Filing 32
ORDER re: #18 MOTION to Dismiss Plaintiff's Complaint. filed by Alejandro Burgos, Red Lobster Restaurants LLC. Accordingly, Plaintiff's complaint is DISMISSED without prejudice for failure to prosecute. The Clerk of Court is directed to terminate all pending motions, vacate all conferences, and close the case. The Clerk of Court is further directed to mail a copy of this order to Plaintiff pro se. (Signed by Judge Analisa Torres on 12/16/2021) (ate) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #32 Memorandum & Opinion to Destiny A. Gonzalez at 1171 Fulton Avenue, Apt. 2B, Bronx, NY 10456. (kh) |
| Filing 31 LETTER addressed to Magistrate Judge Ona T. Wang from Amanda L. Van Hoose Garofalo dated December 14, 2021 re: Request for Dismissal. Document filed by Alejandro Burgos, Red Lobster Restaurants LLC. (Attachments: #1 Certificate of Service).(Van Hoose Garofalo, Amanda) |
| NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Alison J. Nathan is no longer assigned to the case. (aea) |
| Filing 30 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/11/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) |
| Filing 29 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/11/2021 before Magistrate Judge Ona T. Wang. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/11/2021. Redacted Transcript Deadline set for 6/21/2021. Release of Transcript Restriction set for 8/19/2021..(McGuirk, Kelly) |
| Filing 28 CERTIFICATE OF SERVICE of Transcript from the May 11, 2021 Court Conference and May 12, 2021 Order to Show Cause Entered by the Honorable Ona T. Wang served on Destiny Gonzalez on May 13, 2021. Document filed by Alejandro Burgos, Red Lobster Restaurants LLC..(Van Hoose Garofalo, Amanda) |
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Filing 27
ORDER TO SHOW CAUSE: It is HEREBY ORDERED that Plaintiff show cause in writing by June 15, 2021 why I should not recommend dismissal of the action for failure to prosecute under Federal Rule of Civil Procedure 41(b). Plaintiff may respond by mail to the Pro Se Office, 500 Pearl Street, New York, NY 10007 or by email to temporary_pro_se_filing@nysd.uscourts.gov. Defendants are directed to email a copy of this Order to the pro se Plaintiff and file proof of service on the docket. The Clerk of Court is directed to mail a copy of this Order to the pro se Plaintiff. (Signed by Magistrate Judge Ona T. Wang on 5/13/2021) (rro) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #27 Order to Show Cause, to Destiny A. Gonzalez at 1171 Fulton Avenue, Apt. 2B, Bronx, NY 10456. (dsh) |
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Filing 26
ORDER terminating #11 Letter Motion for Conference re: #11 LETTER MOTION for Conference addressed to Judge Alison J. Nathan from Amanda L. Van Hoose Garofalo dated January 29, 2021., #25 LETTER MOTION to Stay Initial Pretrial Conference addressed to Magistrate Judge Ona T. Wang from Amanda L. Van Hoose Garofalo dated April 23, 2021. ; granting #25 Letter Motion to Stay re: #11 LETTER MOTION for Conference addressed to Judge Alison J. Nathan from Amanda L. Van Hoose Garofalo dated January 29, 2021., #25 LETTER MOTION to Stay Initial Pretrial Conference addressed to Magistrate Judge Ona T. Wang from Amanda L. Van Hoose Garofalo dated April 23, 2021. The Court is in receipt of Defendants' April 23, 2021 letter. (ECF 25). It is HEREBY ORDERED that the May 11, 2021 initial case management conference is converted to a status conference. Dial in (866) 390-1828, access code 1582687. It is FURTHER ORDERED that any opposition to Defendants' motion to dismiss the complaint (ECF 18) be filed by May 10, 2021. Pursuant to Local Civil Rule 6.1(b), Plaintiff's opposition to the Defendants' motion was due by March 25, 2021. To date, Plaintiff has not opposed. If Plaintiff does not file an opposition by May 10, 2021, the motion to dismiss may be considered unopposed. Plaintiff may respond by mail to the Pro Se Office, 500 Pearl Street, New York, NY 10007 or by email to temporary_pro_se_filing@nysd.uscourts.gov. The Clerk of Court is respectfully directed to terminate ECF 11 and 25 and mail a copy of this Order and ECF 18-21 to the pro se Plaintiff. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 4/27/2021) (rro) Transmission to Docket Assistant Clerk for processing.
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| Set/Reset Deadlines: ( Responses due by 5/10/2021), Set/Reset Hearings:( Telephone Conference set for 5/11/2021 at 12:00 PM before Magistrate Judge Ona T. Wang.) (rro) |
| Mailed a copy of #19 Memorandum of Law in Support of Motion, #21 Notice (Other), #26 Order on Motion for Conference, Order on Motion to Stay, #18 MOTION to Dismiss Plaintiff's Complaint, #20 Declaration in Support of Motion to Destiny A. Gonzalez at 1171 Fulton Avenue, Apt. 2B, Bronx, NY 10456. (kh) |
| Filing 25 LETTER MOTION to Stay Initial Pretrial Conference addressed to Magistrate Judge Ona T. Wang from Amanda L. Van Hoose Garofalo dated April 23, 2021. Document filed by Alejandro Burgos, Red Lobster Restaurants LLC. (Attachments: #1 Certificate of Service).(Van Hoose Garofalo, Amanda) |
| Mailed a copy of #24 Order for Initial Pretrial Conference to Destiny A. Gonzalez at 1171 Fulton Avenue, Apt. 2B, Bronx, NY 10456. (kh) |
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Filing 24
INITIAL CASE MANAGEMENT CONFERENCE ORDER: An Initial Pretrial Conference in accordance with Rule 16(b) of the Federal Rules of Civil Procedure will be held telephonically on Tuesday, May 11, 2021 at 12:00 p.m. The dial in information is (866) 390-1828, access code 1582687. The Clerk of Court is respectfully directed to mail a copy of this Order to the pro se Plaintiff. Initial Conference set for 5/11/2021 at 12:00 PM before Magistrate Judge Ona T. Wang. (Signed by Magistrate Judge Ona T. Wang on 4/12/2021) (nb) Transmission to Docket Assistant Clerk for processing.
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Filing 23
ORDER REFERRING CASE TO 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 Ona T. Wang. (Signed by Judge Alison J. Nathan on 3/17/2021) (cf)
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| Filing 22 CERTIFICATE OF SERVICE of Defendants' Motion to Dismiss, Supporting Papers and Defendant Red Lobster Restaurant, LLC's Corporate Disclosure Statement on March 11, 2021. Document filed by Alejandro Burgos, Red Lobster Restaurants LLC..(Van Hoose Garofalo, Amanda) |
| Filing 21 NOTICE of Local Civil Rule 12.1- Notice to Pro Se Litigant Who Opposes a Rule 12 Motion Supported by Matters Outside the Pleadings re: #18 MOTION to Dismiss Plaintiff's Complaint.. Document filed by Alejandro Burgos, Red Lobster Restaurants LLC..(Van Hoose Garofalo, Amanda) |
| Filing 20 DECLARATION of Amanda L. Van Hoose Garofalo in Support re: #18 MOTION to Dismiss Plaintiff's Complaint.. Document filed by Alejandro Burgos, Red Lobster Restaurants LLC. (Attachments: #1 Exhibit A-New York State Division of Human Rights Complaint, #2 Exhibit B-Determination and Order of Dismissal for Administrative Convenience).(Van Hoose Garofalo, Amanda) |
| Filing 19 MEMORANDUM OF LAW in Support re: #18 MOTION to Dismiss Plaintiff's Complaint. . Document filed by Alejandro Burgos, Red Lobster Restaurants LLC..(Van Hoose Garofalo, Amanda) |
| Filing 18 MOTION to Dismiss Plaintiff's Complaint. Document filed by Alejandro Burgos, Red Lobster Restaurants LLC..(Van Hoose Garofalo, Amanda) |
| Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Red Lobster Master Holdings, L.P., Corporate Parent Golden Gate Capital Opportunity Fund-A, LP, Other Affiliate Thai Union Group PCL for Red Lobster Restaurants LLC. Document filed by Red Lobster Restaurants LLC..(Van Hoose Garofalo, Amanda) |
| Filing 16 LETTER addressed to Judge Alison J. Nathan from Destiny Gonzalez dated 2/4/2021 re: In response to the defendants letter I am confirming that I am pro se and have not retained a lawyer yet. The name and number I provided for who was representing me was a phone number that I saw on a different document from the court house, it was a mistake. Document filed by Destiny A. Gonzalez. (ok) |
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Filing 15
ORDER granting #13 Letter Motion for Extension of Time to Answer re #2 Complaint. SO ORDERED. Alejandro Burgos answer due 3/11/2021; Red Lobster Restaurants LLC answer due 3/11/2021 (Signed by Judge Alison J. Nathan on 2/4/2021) (kv)
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| Filing 14 CERTIFICATE OF SERVICE of Letter Motion served on Destiny Gonzalez on February 2, 2021. Document filed by Alejandro Burgos, Red Lobster Restaurants LLC..(Van Hoose Garofalo, Amanda) |
| Filing 13 LETTER MOTION for Extension of Time to File Answer to the Complaint addressed to Judge Alison J. Nathan from Amanda L. Van Hoose Garofalo dated February 2, 2021. Document filed by Alejandro Burgos, Red Lobster Restaurants LLC..(Van Hoose Garofalo, Amanda) |
| Filing 12 CERTIFICATE OF SERVICE of Letter Dated January 29, 2021 served on Destiny Gonzalez on January 29, 2021. Document filed by Alejandro Burgos, Red Lobster Restaurants LLC..(Van Hoose Garofalo, Amanda) |
| Filing 11 LETTER MOTION for Conference addressed to Judge Alison J. Nathan from Amanda L. Van Hoose Garofalo dated January 29, 2021. Document filed by Alejandro Burgos, Red Lobster Restaurants LLC..(Van Hoose Garofalo, Amanda) |
| Filing 10 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. Red Lobster Restaurants LLC, served on 12/11/2020, answer due 2/9/2021. Service was made by Mail, signed and returned by Tonya Heron, Counsel. Document filed by Destiny A. Gonzalez. (sc) |
| Filing 9 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. Alejandro Burgos, served on 12/11/2020, answer due 2/9/2021. Service was made by Mail. Document filed by Destiny A. Gonzalez. (sc) |
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Filing 8
INFORMATION PACKAGE MAILED to Destiny A. Gonzalez 1171 Fulton Avenue Apt. 2B Bronx, NY 10456, on 11/24/2020 Re: #6 Order of Service. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, order granting IFP application, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases). (aan)
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| Filing 7 SUMMONS ISSUED as to Alejandro Burgos, Red Lobster Restaurants LLC. (aan) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 11/24/2020 Re: Judge Alison J. Nathan #6 Order of Service. The following document(s) were enclosed in the Service Package: Summons, IFP, Order of Service, Complaint, Completed U.S.M. form(s) for defendant(s) Alejandro Burgos, Red Lobster Restaurants LLC. (aan) |
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Filing 6
ORDER OF SERVICE: The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. The Clerk of Court is further instructed to issue summonses, complete the USM-285 form with the addresses for Red Lobster Restaurants LLC and Alejandro Burgos, and deliver all documents necessary to effect service to the U.S. Marshals Service. (As further set forth in this Order.) (Signed by Judge Alison J. Nathan on 11/23/2020) (cf) Transmission to Pro Se Assistants for processing.
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Filing 5
MEDIATION REFERRAL ORDER FOR PRO SE EMPLOYMENT DISCRIMINATION CASES: IT IS ORDERED that this pro se case is referred for mediation to the Courts Mediation Program. Local Civil Rule 83.9 and the Mediation Program Procedures shall govern the mediation. Unless otherwise ordered, the mediation will have no effect upon any scheduling order issued by this Court, and all parties are obligated to continue to litigate the case. (As further set forth in this Order.) (Signed by Judge Alison J. Nathan on 11/23/2020) (cf) (Main Document 5 replaced on 11/25/2020) (jwh).
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Filing 3
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Colleen McMahon on 11/12/2020) (vn) Transmission to Docket Assistant Clerk for processing.
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| NOTICE OF CASE REASSIGNMENT to Judge Alison J. Nathan. Judge Unassigned is no longer assigned to the case..(bcu) |
| Magistrate Judge Ona T. Wang 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. (bcu) |
| Filing 2 COMPLAINT against Red Lobster Restaurants LLC, Alejandro Burgos. Document filed by Destiny A. Gonzalez.(rdz) Modified on 11/12/2020 (rdz). |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Destiny A. Gonzalez..(rdz) |
| Case Designated ECF. (rdz) |
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