Reyes v. El Jobito Seafood Restaurant Inc. et al
Plaintiff: Jose Reyes
Defendant: El Jobito Seafood Restaurant Inc., Juan Arias and El Jobito Seafood Restaurant Inc. doing business as El Jobito Restaurant
Case Number: 1:2020cv08816
Filed: October 22, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Andrew L Carter
Referring Judge: Katharine H Parker
Nature of Suit: Labor: Fair Standards
Cause of Action: 28 U.S.C. § 1331 fl Fed. Question: Fair Labor Standards
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 25, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 25, 2022 Opinion or Order Filing 53 ORDER: Accordingly, it is ORDERED that the above-captioned case be dismissed with prejudice in its entirety without fees or costs except as agreed to by the Parties. The Clerk of the Court is respectfully directed to close this case. (Signed by Judge Andrew L. Carter, Jr on 4/25/2022) (ate)
April 3, 2022 Filing 52 FIRST LETTER addressed to Judge Andrew L. Carter, Jr. from Jacob Aronauer dated 04/03/2022 re: Settlement Approval. Document filed by Jose Reyes..(Aronauer, Jacob)
March 3, 2022 Filing 51 FIRST LETTER addressed to Judge Andrew L. Carter, Jr. from Jacob Aronauer dated 03/03/2022 re: Settlement. Document filed by Jose Reyes..(Aronauer, Jacob)
January 30, 2022 Filing 50 SETTLEMENT AGREEMENT . Document filed by Jose Reyes. (Attachments: #1 Exhibit, #2 Exhibit).(Aronauer, Jacob)
January 25, 2022 Opinion or Order Filing 49 ORDER granting #48 Letter Motion to Reopen Case. The Clerk of the Court is respectfully directed to reopen this action and terminate ECF No. 48. (Signed by Judge Andrew L. Carter, Jr on 1/25/2022) (ate)
January 24, 2022 Filing 48 FIRST LETTER MOTION to Reopen Case addressed to Judge Andrew L. Carter, Jr. from Jacob Aronauer dated 01/24/2022. Document filed by Jose Reyes..(Aronauer, Jacob)
January 19, 2022 Opinion or Order Filing 47 ORDER OF DISCONTINUANCE: It having been reported to the Court that this case has been or will be settled, it is hereby ORDERED that the above-captioned action is discontinued without costs and without prejudice to restoring the action to this Court's calendar if the application to restore the action is made within sixty days. (Signed by Judge Andrew L. Carter, Jr on 1/19/2022) (ate)
January 19, 2022 Filing 46 FIRST LETTER addressed to Judge Andrew L. Carter, Jr. from Jacob Aronauer dated 01/19/2022 re: settlement. Document filed by Jose Reyes..(Aronauer, Jacob)
January 14, 2022 Filing 45 FIRST MEMORANDUM OF LAW in Opposition re: #41 MOTION for Martin E. Restituyo to Withdraw as Attorney . . Document filed by Jose Reyes..(Aronauer, Jacob)
January 11, 2022 Filing 44 MEMORANDUM OF LAW in Support re: #41 MOTION for Martin E. Restituyo to Withdraw as Attorney . . Document filed by Juan Arias, El Jobito Seafood Restaurant Inc...(Restituyo, Martin)
January 11, 2022 Filing 43 DECLARATION of Martin E. Restituyo in Support re: #41 MOTION for Martin E. Restituyo to Withdraw as Attorney .. Document filed by Juan Arias, El Jobito Seafood Restaurant Inc...(Restituyo, Martin)
January 11, 2022 Filing 42 AFFIDAVIT of Juan Arias in Support re: #41 MOTION for Martin E. Restituyo to Withdraw as Attorney .. Document filed by Juan Arias, El Jobito Seafood Restaurant Inc...(Restituyo, Martin)
January 11, 2022 Filing 41 MOTION for Martin E. Restituyo to Withdraw as Attorney . Document filed by Juan Arias, El Jobito Seafood Restaurant Inc...(Restituyo, Martin)
November 16, 2021 Opinion or Order Filing 40 SCHEDULING ORDER: On November 16, 2021, the parties appeared for an Initial Case Management Conference. After review of the pleadings and consultation with the parties, the following scheduling order is entered pursuant to Rule 16 of the Federal Rules of Civil Procedure: All fact discovery shall be completed by March 7, 2022. No further amendments to the pleadings absent good cause. No additional parties may be joined absent good cause. The parties have represented that they exchanged initial disclosures. The parties shall serve their first request for a production of documents and interrogatories by November 23, 2021. Interim deadlines may be adjusted by the parties without further order of the Court. The parties are required to submit a joint status letter by January 17, 2022 informing the Court about discovery and resolution status. The parties are, however, encouraged to contact the Court earlier if they believe a settlement conference sooner would be productive. The parties shall follow the Court's Individual Procedures with respect to any discovery disputes. See http://nysd.uscourts.gov/judge/Parker. Dispositive motions are due no later than March 21, 2022. SO ORDERED. Motions due by 3/21/2022. Fact Discovery due by 3/7/2022. (Signed by Magistrate Judge Katharine H. Parker on 11/16/2021) (vfr)
November 16, 2021 Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: telephonic Initial Pretrial / Status / Scheduling Conference held on 11/16/2021 : See transcript for details.AT&T Conference Line. (ca)
November 15, 2021 NOTICE TO COUNSEL: REMINDER of the Initial Case Management Conference by telephone scheduled on 11/16/2021 at 12:00 PM Please dial (866) 434-5269, Access Code: 4858267 re: #36 Order.(ca)
November 10, 2021 Filing 39 FIRST LETTER addressed to Judge Andrew L. Carter, Jr. from Jacob Aronauer dated 11/10/2021 re: Error. Document filed by Jose Reyes..(Aronauer, Jacob)
November 10, 2021 Filing 38 PROPOSED CASE MANAGEMENT PLAN. Document filed by Jose Reyes..(Aronauer, Jacob)
November 10, 2021 Filing 37 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - PROPOSED ORDER. Document filed by Jose Reyes. Related Document Number: [Proposed Discovery Plan]..(Aronauer, Jacob) Proposed Order to be reviewed by Clerk's Office staff. Modified on 11/10/2021 (km).
October 20, 2021 Opinion or Order Filing 36 INITIAL CASE MANAGEMENT TELEPHONE CONFERENCE ORDER: Initial Conference by telephone set for 11/16/2021 at 12:00 PM before Magistrate Judge Katharine H. Parker. Counsel is directed to call the court's telephone conference line at the scheduled time. Please dial (866) 434-5269, Access Code: 4858267. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 10/20/2021) (vfr)
October 19, 2021 Opinion or Order Filing 35 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 Katharine H. Parker. (Signed by Judge Andrew L. Carter, Jr on 10/19/2021) (rro)
October 19, 2021 Opinion or Order Filing 34 ORDER DENYING DEFAULT JUDGMENT denying #16 Motion for Default Judgment. The defendants' default was careless and negligent, but not willful. The defendant has set forth a meritorious defense to the plaintiff's claims. There is prejudice to the plaintiff from the delay, but level of prejudice is not high enough to justify imposition of a default judgment. The plaintiff's motion for default judgment is denied. I also deny the request for a bond. By separate order, this case will be referred to the magistrate judge for general pretrial supervision. (Signed by Judge Andrew L. Carter, Jr on 10/19/2021) (rro)
September 14, 2021 Filing 33 FIRST LETTER addressed to Judge Andrew L. Carter, Jr. from Jacob Aronauer dated 09/14/2021 re: Status of motion. Document filed by Jose Reyes..(Aronauer, Jacob)
May 16, 2021 Filing 32 FIRST REPLY MEMORANDUM OF LAW in Support re: #16 FIRST MOTION for Default Judgment as to . . Document filed by Jose Reyes. (Attachments: #1 Exhibit).(Aronauer, Jacob)
May 10, 2021 Filing 31 ANSWER to #1 Complaint. Document filed by Juan Arias, El Jobito Seafood Restaurant Inc...(Restituyo, Martin)
May 10, 2021 Filing 30 RESPONSE TO ORDER TO SHOW CAUSE re: #24 Order to Show Cause,,,,. Document filed by Juan Arias, El Jobito Seafood Restaurant Inc.. (Attachments: #1 Affidavit Juan Arias Affidavit, #2 Exhibit Arias Exhibit A, #3 Exhibit Arias Exhibit B, #4 Affidavit Restituyo Affidavit, #5 Exhibit Exhibit 1).(Restituyo, Martin)
May 4, 2021 Opinion or Order Filing 29 MEMO ENDORSEMENT on re: #26 Letter re: Extension Request. filed by Juan Arias, El Jobito Seafood Restaurant Inc. ENDORSEMENT: Defendants' request for an extension is GRANTED. Plaintiff shall have until May 17, 2021 to file an Opposition, if any, to the submissions of Defendants. SO ORDERED., Responses due by 5/17/2021 (Signed by Judge Andrew L. Carter, Jr on 5/4/2021) (rj)
May 3, 2021 Filing 28 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Juan Arias, El Jobito Seafood Restaurant Inc...(Restituyo, Martin)
May 3, 2021 Filing 27 NOTICE OF APPEARANCE by Martin E. Restituyo on behalf of Juan Arias, El Jobito Seafood Restaurant Inc...(Restituyo, Martin)
May 3, 2021 Filing 26 LETTER addressed to Judge Andrew L. Carter, Jr. from Martin Restituyo dated 5/3/2021 re: Extension Request. Document filed by Juan Arias, El Jobito Seafood Restaurant Inc...(Restituyo, Martin)
April 15, 2021 Filing 25 CERTIFICATE OF SERVICE of Default Judgment Papers served on El Jobito Seafood Restaurant and Juan Arias on 04/14/2021. Service was accepted by R. Sanchez. Document filed by Jose Reyes..(Aronauer, Jacob)
April 13, 2021 Filing 23 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Jose Reyes. (Attachments: #1 Supplement, #2 Supplement, #3 Supplement, #4 Supplement, #5 Supplement).(Aronauer, Jacob) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
April 13, 2021 ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #23 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (km)
April 12, 2021 Opinion or Order Filing 24 ORDER TO SHOW CAUSE: It is hereby ORDERED that Defendants SHOW CAUSE as to why an Order should not be issued pursuant to Fed. R. Civ. P. 55 entering default judgment against Defendants for failure to answer or otherwise move in response to the Complaint filed by Plaintiff on October 22, 2020. Defendants shall SHOW CAUSE in writing by Affidavit and Memorandum of Law, filed with the Court and served upon Plaintiff's counsel on or before May 3, 2021. Plaintiff shall have until May 10, 2021 to file an Opposition, if any, to the submissions of Defendants. Plaintiff is directed to serve a copy of this Order to Show Cause and the papers upon which it is based on Defendants by no later than April 16, 2021. Plaintiff shall file proof of service with the Court within fourteen (14) days of entry of this Order. Defendants are advised that failure to respond to the Order to Show Cause may be grounds for the granting of a Default Judgment in Plaintiff's favor. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 4/12/2021) (rj)
April 12, 2021 Filing 22 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Jose Reyes..(Aronauer, Jacob) Proposed Default Judgment to be reviewed by Clerk's Office staff.
April 12, 2021 Filing 21 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Jose Reyes..(Aronauer, Jacob) Proposed Default Judgment to be reviewed by Clerk's Office staff. Modified on 4/12/2021 (dt).
April 12, 2021 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Notice to attorney Jacob Aronauer regarding Document No. #20 Proposed Order to Show Cause Without Emergency Relief. The filing is deficient for the following reason(s): the proposed default judgment was not filed. The document needs to be filed as a separate entry (filed under proposed orders, proposed default judgment). (km)
April 12, 2021 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Jacob Aronauer to RE-FILE Document #21 Proposed Default Judgment. ERROR(S): Not in the proper format. Use sample on Court's Website under forms, also file supporting paper in Support of Order to Show Cause.You filed documents in support of Motion, but not for Order to Show Cause. (dt)
April 12, 2021 ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #22 Proposed Default Judgment was reviewed and approved as to form. (dt)
April 10, 2021 Filing 20 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Jose Reyes. Related Document Number: [dkt 016]..(Aronauer, Jacob) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
April 10, 2021 Filing 19 FIRST MEMORANDUM OF LAW in Support re: #16 FIRST MOTION for Default Judgment as to . . Document filed by Jose Reyes..(Aronauer, Jacob)
April 10, 2021 Filing 18 DECLARATION of Jacob Aronauer in Support re: #16 FIRST MOTION for Default Judgment as to .. Document filed by Jose Reyes. (Attachments: #1 Exhibit).(Aronauer, Jacob)
April 10, 2021 Filing 17 DECLARATION of Jose Reyes in Support re: #16 FIRST MOTION for Default Judgment as to .. Document filed by Jose Reyes..(Aronauer, Jacob)
April 10, 2021 Filing 16 FIRST MOTION for Default Judgment as to . Document filed by Jose Reyes..(Aronauer, Jacob)
April 2, 2021 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Notice to attorney Jacob Aronauer regarding Document No. #15 Proposed Order to Show Cause Without Emergency Relief. The filing is deficient for the following reason(s): the supporting documents were not filed. Re-file the order to show cause under the event type Proposed Order to Show Cause Without Emergency Relief found under the event list Proposed Orders. The documents in support of the order to show cause need to be filed separately. (km)
April 1, 2021 Filing 15 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Jose Reyes. Related Document Number: [20-cv-08816]..(Aronauer, Jacob) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. Modified on 4/2/2021 (km).
December 21, 2020 Filing 14 CLERK'S CERTIFICATE OF DEFAULT as to El Jobito Seafood Restaurant Inc. and Juan Arias.(km)
December 21, 2020 Filing 13 DECLARATION of Jacob Aronauer in Support. Document filed by Jose Reyes..(Aronauer, Jacob)
December 21, 2020 Filing 12 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Jose Reyes..(Aronauer, Jacob) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
December 21, 2020 Filing 11 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Jose Reyes..(Aronauer, Jacob) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 12/21/2020 (km).
December 21, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Jacob Aronauer. RE-FILE Document No. #10 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): the document is not labeled as a clerk's certificate of default. Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders. (km)
December 21, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT DECLARATION. Notice to attorney Jacob Aronauer to RE-FILE Document No. #9 Declaration. The filing is deficient for the following reason(s): the document is not labeled as a declaration. Re-file the document using the event type other answers, declaration in support of a non-motion. (km)
December 21, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Jacob Aronauer. RE-FILE Document No. #11 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): please add the words Proposed Clerk's Certificate of Default to the top of the document. Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders. (km)
December 20, 2020 Filing 10 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Jose Reyes..(Aronauer, Jacob) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
December 20, 2020 Filing 9 DECLARATION of Jacob Aronauer In Support of Certificate of Default. Document filed by Jose Reyes..(Aronauer, Jacob)
November 3, 2020 Filing 8 AFFIDAVIT OF SERVICE. Juan Arias served on 10/29/2020, answer due 11/19/2020. Service was accepted by Juan Arias. Document filed by Jose Reyes..(Aronauer, Jacob)
November 2, 2020 Filing 7 AFFIDAVIT OF SERVICE. El Jobito Seafood Restaurant Inc. served on 10/28/2020, answer due 11/18/2020. Service was accepted by Amy Lesch. Document filed by Jose Reyes..(Aronauer, Jacob)
October 23, 2020 Filing 6 ELECTRONIC SUMMONS ISSUED as to Juan Arias..(jgo)
October 23, 2020 Filing 5 ELECTRONIC SUMMONS ISSUED as to El Jobito Seafood Restaurant Inc...(jgo)
October 23, 2020 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jacob Aronauer. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to Bronx;. (jgo)
October 23, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Jacob Aronauer to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): all of the parties are not listed on the PDF case caption;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)
October 23, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jacob Aronauer 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 party Jose Reyes with party text 'on behalf of all others similarly situated'. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (jgo)
October 23, 2020 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jacob Aronauer. The party information for the following party/parties has been modified: Jose Reyes; El Jobito Seafood Restaurant Inc.; Juan Arias. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; alias party name was omitted;. (jgo)
October 23, 2020 Case Designated ECF. (jgo)
October 23, 2020 Magistrate Judge Katharine H. Parker 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 23, 2020 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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 22, 2020 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Juan Arias, re: #1 Complaint. Document filed by Jose Reyes..(Aronauer, Jacob)
October 22, 2020 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to El Jobito Seafood Restaurant Inc., re: #1 Complaint. Document filed by Jose Reyes..(Aronauer, Jacob)
October 22, 2020 Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Aronauer, Jacob) Modified on 10/23/2020 (jgo).
October 22, 2020 Filing 1 COMPLAINT against Juan Arias, El Jobito Seafood Restaurant Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-22261079)Document filed by Jose Reyes..(Aronauer, Jacob)

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Search for this case: Reyes v. El Jobito Seafood Restaurant Inc. et al
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Plaintiff: Jose Reyes
Represented By: Jacob Aronauer
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Defendant: El Jobito Seafood Restaurant Inc.
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Defendant: Juan Arias
Represented By: Martin E. Restituyo
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Defendant: El Jobito Seafood Restaurant Inc. doing business as El Jobito Restaurant
Represented By: Martin E. Restituyo
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