Cortes v. Grace 365 Group LLC et al
| Armando Cortes |
| Hanover Ventures, LLC, Andres Valbuena, Ramon Morado and Grace 365 Group LLC doing business as Macchina |
| 1:2020cv08704 |
| October 19, 2020 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Labor: Fair Standards |
| 28 U.S.C. § 1331 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 10, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 27
STIPULATION AND ORDER REGARDING CONDITIONALLY CERTIFYING A COLLECTIVE ACTION UNDER 29 U.S.C. 216(B): WHEREAS the parties have stipulated to conditionally certify the collective action under 29 U.S.C. 216(b) as follows: (As further set forth herein.) SO ORDERED. (Signed by Judge Jesse M. Furman on 2/25/2021) (va)
|
| Filing 26 PROPOSED STIPULATION AND ORDER. Document filed by Armando Cortes. (Attachments: #1 Consent to Become Party Plaintiff, #2 Notice of Suit).(Lipsky, Douglas) |
|
Filing 25
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedingsbefore a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c).The parties are free to withhold consent without adverse substantive consequences. Motions due by 3/26/2021. Fact Discovery due by 6/24/2021. This case is to be tried to a jury. Counsel for the parties have conferred, and the present best estimate of the length of trial is 5 days. Pretrial Conference set for 6/30/2021 at 04:00 PM before Judge Jesse M. Furman. Upon review of the parties' joint letter at ECF No. 24, the Court concludes that an initial pretrial conference is not necessary. Thus, the conference currently scheduled for February 24, 2021, is hereby CANCELLED. If either party believes that a conference is actually warranted, the parties should confer and file a letter motion to that effect. The parties should note the deadlines on the previous page. No later than February 25, 2021, the parties shall file an agreed upon order with respect to the conditional certification of the collective action for the Court to "so order." SO ORDERED. (Signed by Judge Jesse M. Furman on 2/19/21) (yv) (Main Document 25 replaced on 2/19/2021) (yv).
|
| Filing 24 JOINT LETTER addressed to Judge Jesse M. Furman from Douglas B. Lipsky dated February 18, 2021 re: Initial Conference. Document filed by Armando Cortes. (Attachments: #1 Proposed Civil Case Management Plan and Scheduling Order).(Lipsky, Douglas) |
|
Filing 23
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. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/16/21) (yv)
|
|
Filing 22
ORDER granting in part and denying in part #21 Letter Motion for Leave to File Document. Plaintiff's motion, ECF No. 21, is granted in part and denied in part. The parties are relieved from their obligations to participate in early mediation. But the Court will not set a motion deadline at this time. Instead, the parties are instructed to confer and, in accordance with the Court's instructions as laid out at ECF No. 7, file a letter no later than the Thursday before the initial pretrial conference indicating -- among other things -- whether Defendants would be willing to consent to preliminary certification so as to obviate motion practice on this issue. The Court will set a motion deadline, if needed, thereafter. The Clerk of Court is directed to terminated ECF No. 21. (Signed by Judge Jesse M. Furman on 2/5/2021) (cf)
|
| Filing 21 LETTER MOTION for Leave to File Motion for Certification of a Collective Action addressed to Judge Jesse M. Furman from Alfons D'Auria dated February 4, 2021. Document filed by Armando Cortes..(D'Auria, Alfons) |
| Filing 20 ANSWER to #1 Complaint with JURY DEMAND. Document filed by Grace 365 Group LLC, Hanover Ventures, LLC, Ramon Morado, Andres Valbuena..(Kreger, Wayne) |
| Filing 19 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Grace 365 Group LLC, Hanover Ventures, LLC, Ramon Morado, Andres Valbuena..(Kreger, Wayne) |
|
Filing 18
STIPULATION AND ORDER, IT IS HEREBY STIPULATED AND AGREED, that counsel for Defendants Grace 365Group LLC d/b/a Macchina, Hanover Ventures, LLC, Andres Valbuena, and Ramon Morado (collectively, "Defendants"), Wayne S. Kreger of the Law Offices of Wayne S. Kreger, hereby accepts service of the Summons and Complaint on behalf of all Defendants; and That Defendants' time to answer or otherwise respond to Plaintiff's Complaint is extended February 4, 2021; and That Defendants hereby waive any defenses based on insufficient service of process. The initial pretrial conference, originally scheduled forFebruary 3, 2021, is hereby RESCHEDULED to February 24, 2021 at 3:00 p.m. The Clerk of Court is directed to update ECF No. 16's docket text, which does not accurately reflect the contents of this Stipulation. SO ORDERED. (All Defendants.)( Initial Conference set for 2/24/2021 at 03:00 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 1/8/21) (yv)
|
| Filing 17 NOTICE OF APPEARANCE by Wayne Scott Kreger on behalf of Grace 365 Group LLC, Hanover Ventures, LLC, Ramon Morado, Andres Valbuena..(Kreger, Wayne) |
| Filing 16 WAIVER OF SERVICE RETURNED EXECUTED. Ramon Morado waiver sent on 1/5/2021, answer due 3/8/2021; Hanover Ventures, LLC waiver sent on 1/5/2021, answer due 3/8/2021; Grace 365 Group LLC waiver sent on 1/5/2021, answer due 3/8/2021; Andres Valbuena waiver sent on 1/5/2021, answer due 3/8/2021. Document filed by Ramon Morado; Hanover Ventures, LLC; Grace 365 Group LLC; Andres Valbuena..(Kreger, Wayne) |
| Filing 15 NOTICE OF APPEARANCE by Alfons D'Auria on behalf of Armando Cortes..(D'Auria, Alfons) |
| Filing 14 ACKNOWLEDGMENT OF SERVICE Summons and Complaint served. Hanover Ventures, LLC served on 10/27/2020, answer due 11/17/2020. Service was accepted by Robert Guyette. Document filed by Armando Cortes..(Lipsky, Douglas) |
| Filing 13 ACKNOWLEDGMENT OF SERVICE Summons and Complaint served. Grace 365 Group LLC served on 10/27/2020, answer due 11/17/2020. Service was accepted by Robert Guyette. Document filed by Armando Cortes..(Lipsky, Douglas) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Andres Valbuena..(pc) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Ramon Morado..(pc) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Grace 365 Group LLC..(pc) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Hanover Ventures, LLC..(pc) |
|
Filing 8
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Stewart D. Aaron. The parties are directed to contact the chambers of Magistrate Judge Aaron no later than one week after an answer is filed to schedule a settlement conference to take place at least two weeks before the initial pretrial conference currently scheduled for February 3, 2021. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/20/20) (yv)
|
|
Filing 7
ORDER REGARDING EARLY MEDIATION AND THE INITIAL PRETRIAL CONFERENCE: It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on February 3, 2021, at 3:15 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. All counsel are required to register promptly as filing users on ECF and to familiarize themselves with the SDNY ECF Rules & Instructions, which are available at https://nysd.uscourts.gov/electronic-case-filing. All counsel must also familiarize themselves with the Court's Individual Rules, which are available at https://nysd.uscourts.gov/hon-jesse-m-furman. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. 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://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. 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. ( Initial Conference set for 2/3/2021 at 03:15 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 10/20/20) (yv)
|
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Douglas Brian Lipsky. The party information for the following party/parties has been modified: Armando Cortes, Ramon Morado. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Douglas Brian Lipsky. The following case opening statistical information was erroneously selected/entered: Cause of Action code blank; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1331; the Fee Status code has been modified to pd (paid);. (pc) |
| 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..(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) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to RAMON MORADO, re: #1 Complaint. Document filed by Armando Cortes..(Lipsky, Douglas) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Hanover Ventures LLC, re: #1 Complaint. Document filed by Armando Cortes..(Lipsky, Douglas) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Grace 365 Group LLC, re: #1 Complaint. Document filed by Armando Cortes..(Lipsky, Douglas) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to ANDRES VALBUENA, re: #1 Complaint. Document filed by Armando Cortes..(Lipsky, Douglas) |
| Filing 2 CIVIL COVER SHEET filed..(Lipsky, Douglas) |
| Filing 1 COMPLAINT against Grace 365 Group LLC, Hanover Ventures, LLC, Ramon Morado, Andres Valbuena. (Filing Fee $ 400.00, Receipt Number ANYSDC-22203148)Document filed by Armando Cortes..(Lipsky, Douglas) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
