Villalva v. Fu Wing Garden, Inc. et al
| Marino Villalva |
| Fu Wing Garden, Inc., Peter Yang and Peter Wang |
| 1:2020cv10187 |
| December 3, 2020 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 12, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 17 REQUEST FOR ISSUANCE OF SUMMONS as to Fu Wing Garden, Inc., Peter Wang, as an individual, re: #4 Complaint. Document filed by Marino Villalva..(Nardo, Raymond) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Raymond Nardo to RE-FILE Document No. #15 Request for Issuance of Amended Summons,. The filing is deficient for the following reason(s): a standard Request for Issuance of Summons must be requested for new parties (Peter Wang) and an Amended Summons must only be requested for previously issued parties;. 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. (jgo) |
Filing 16
ORDER: In light of Plaintiff's letter indicating that Defendant Peter Wang was previously incorrectly identified as "Peter Yang," ECF No. 15-1, the Clerk of Court is directed to update the docket to list "Peter Wang" as a defendant. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/27/2021) (ks)
|
| Filing 15 FILING ERROR - SUMMONS REQUEST 'AS TO' AND PDF ERROR - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Fu Wing Garden, Inc., Peter Wang, as an individual, re: #4 Complaint. Document filed by Marino Villalva. (Attachments: #1 Letter to Judge Furman).(Nardo, Raymond) Modified on 1/27/2021 (jgo). |
|
Filing 14
ORDER, Although the Complaint names "Peter Wang" as a Defendant, ECF No. 4, Plaintiff's request for issuance of a summons instead names the Defendant as "Peter Yang," as does the summons that was issued, ECF Nos. 2, 5. On January 4, 2021, Plaintiff filed proof of service indicating that "Peter Wang" was served with a copy of the summons and Complaint on December 29, 2020. ECF No. 10. No later than January 28, 2021, Plaintiff shall either file an amended complaint or request issuance of a new summons to correct this discrepancy, as the case may be, or otherwise file a letter addressing the discrepancy. To the extent it is necessary, the Court grants leave to amend the complaint to correct the Defendant's name. SO ORDERED. ( Amended Pleadings due by 1/28/2021.) (Signed by Judge Jesse M. Furman on 1/21/21) (yv)
|
| Filing 13 ANSWER to #4 Complaint with JURY DEMAND. Document filed by Fu Wing Garden, Inc...(Wong, Vincent) |
|
Filing 12
ORDER granting #11 Letter Motion to Adjourn Conference. This case has been referred to me for settlement purposes (docket no. 7). The telephone conference previously scheduled for Wednesday, January 6, 2021 at 10:00 a.m. in advance of a settlement conference has been rescheduled to Tuesday, March 2, 2021 at 12:30 p.m. The parties are directed to review Judge Parker's Individual Practices at http://nysd.uscourts.gov/judge/Parker concerning settlement conferences in advance of the call. Counsel for the parties are directed to call Judge Parker's Chambers court conference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. Telephone Conference set for 3/2/2021 at 12:30 PM before Magistrate Judge Katharine H. Parker. (Signed by Magistrate Judge Katharine H. Parker on 1/4/2021) (mro)
|
| Filing 11 LETTER MOTION to Adjourn Conference Scheduled for January 6, 2021 addressed to Magistrate Judge Katharine H. Parker from Raymond Nardo, Esq. dated 01/04/2021. Document filed by Marino Villalva..(Nardo, Raymond) |
| Filing 10 SUMMONS RETURNED EXECUTED Summons and Complaint served. Peter Yang served on 12/29/2020, answer due 1/19/2021. Service was accepted by No Name Given. Service was made by MAIL. Document filed by Marino Villalva..(Nardo, Raymond) |
| Filing 9 SUMMONS RETURNED EXECUTED Summons and Complaint served. Fu Wing Garden, Inc. served on 12/22/2020, answer due 1/12/2021. Service was accepted by No Name Given. Document filed by Marino Villalva..(Nardo, Raymond) |
|
Filing 8
ORDER SCHEDULING TELEPHONE CONFERENCE: This case has been referred to me for settlement purposes (docket no. 7). A telephone conference will be held on Wednesday, January 6, 2021 at 10:00 a.m. in advance of a settlement conference. The parties are directed to review Judge Parker's Individual Practices at http://nysd.uscourts.gov/judge/Parker concerning settlement conferences in advance of the call. Counsel for the parties are directed to call Judge Parker's Chambers court conference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. The Plaintiff is directed to serve this order, and a copy of the complaint on the Defendants. (Telephone Conference set for 1/6/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 12/7/2020) (jwh)
|
|
Filing 7
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 Katharine H. Parker. The parties are directed to contact the chambers of Magistrate Judge Parker 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. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/4/20) (yv)
|
|
Filing 6
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 March 11, 2021, at 3:30 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 http://nysd.uscourts.gov/ecf_filing.php. All counsel must also familiarize themselves with the Court's Individual Rules, which are available at http://nysd.uscourts.gov/judge/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. Additionally, in accordance with Paragraph 2.B of the Court's Individual Rules and Practices, 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 http://nysd.uscourts.gov/judge/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 3/11/2021 at 03:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 12/4/20) (yv)
|
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Fu Wing Garden, Inc., Peter Yang. (sj) |
| Filing 4 COMPLAINT against Fu Wing Garden, Inc., Peter Yang. Document filed by Marino Villalva..(Nardo, Raymond) |
| 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) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Raymond Nardo to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj) |
| 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. (sj) |
| Case Designated ECF. (sj) |
| Filing 3 CIVIL COVER SHEET filed..(Nardo, Raymond) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Fu Wing Garden, Inc., Peter Yang, as an individual, re: #1 Complaint. Document filed by Marino Villalva..(Nardo, Raymond) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against All Defendants. (Filing Fee $ 402.00, Receipt Number ANYSDC-22872475)Document filed by Marino Villalva.(Nardo, Raymond) Modified on 12/4/2020 (sj). |
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.
