Hernandez Ramirez et al v. 35 Bakery Cafe Corp. et al
| Lizabeth Huertas Ramirez and Alfredo Hernandez Ramirez |
| Albert Pae, Bobby Doe, 35 Bakery Cafe Corp. doing business as The Bread Factory Caf, Bobby P. Pae, James Nicozisis, Christine Pae and 35 Bakery Cafe Corp. doing business as The Bread Factory Cafe |
| 1:2021cv00458 |
| January 19, 2021 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Plaintiff |
Docket Report
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| Filing 21 ELECTRONIC SUMMONS ISSUED as to Bobby P. Pae..(pc) |
Filing 20
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 1/25/2021) (kv)
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Filing 19
INITIAL PRETRIAL CONFERENCE ORDER: Counsel for all parties are directed to appear for an initial pretrial conference, in accordance with Rule 16 of the Federal Rules of Civil Procedure, at 10:40 a.m., on May 25, 2021, to be held telephonically. The parties are directed to dial 888-398-2342 or 215-861-0674, and enter access code 5598827. Principal trial counsel must appear at this and all subsequent conferences. Initial Conference set for 5/25/2021 at 10:40 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 1/25/2021) (kv)
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Filing 18
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If all parties consent to proceed before the Magistrate Judge, counsel for Defendants shall, by May 18, 2021, email a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, available at https://nysd.uscourts.gov/node/754 and attached to this order, to Orders_and_Judgments@nysd.uscourts.gov. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. An information sheet on proceedings before magistrate judges is also attached to this order. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by May 18, 2021 advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Analisa Torres on 1/25/2021) (jca)
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| Filing 17 REQUEST FOR ISSUANCE OF SUMMONS as to Bobby P. Pae, re: #16 Amended Complaint,. Document filed by Alfredo Hernandez Ramirez(on behalf of others similarly situated), Alfredo Hernandez Ramirez(Individually), Lizabeth Huertas Ramirez(Individually), Lizabeth Huertas Ramirez(on behalf of others similarly situated)..(Faillace, Michael) |
| Filing 16 FIRST AMENDED COMPLAINT amending #1 Complaint, against 35 Bakery Cafe Corp., James Nicozisis, Albert Pae, Bobby P. Pae, Christine Pae with JURY DEMAND.Document filed by Lizabeth Huertas Ramirez(Individually), Alfredo Hernandez Ramirez(on behalf of others similarly situated), Alfredo Hernandez Ramirez(Individually), Lizabeth Huertas Ramirez(on behalf of others similarly situated). Related document: #1 Complaint,..(Faillace, Michael) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Michael Antonio Faillace to RE-FILE Document No. #15 Request for Issuance of Amended Summons. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons; Party name error in caption. 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. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael Antonio Faillace to RE-FILE Document No. #14 Amended Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Amended 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) |
| Filing 15 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Bobby P. Pae, re: #14 Amended Complaint. Document filed by Alfredo Hernandez Ramirez(on behalf of others similarly situated), Alfredo Hernandez Ramirez(Individually), Lizabeth Huertas Ramirez(Individually), Lizabeth Huertas Ramirez(on behalf of others similarly situated)..(Faillace, Michael) Modified on 1/22/2021 (sj). |
| Filing 14 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR FIRST AMENDED COMPLAINT amending #1 Complaint, against Lizabeth Huertas Ramirez(Individually), Alfredo Hernandez Ramirez(on behalf of others similarly situated), Alfredo Hernandez Ramirez(Individually), Lizabeth Huertas Ramirez(on behalf of others similarly situated) with JURY DEMAND.Document filed by Lizabeth Huertas Ramirez(Individually), Alfredo Hernandez Ramirez(on behalf of others similarly situated), Alfredo Hernandez Ramirez(Individually), Lizabeth Huertas Ramirez(on behalf of others similarly situated). Related document: #1 Complaint.(Faillace, Michael) Modified on 1/22/2021 (sj). |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to Albert Pae. (sj) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Bobby Doe. (sj) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Christine Pae. (sj) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to James Nicozisis. (sj) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to 35 Bakery Cafe Corp.. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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) |
| Magistrate Judge Sarah Netburn 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) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Antonio Faillace. The following case opening statistical information was erroneously selected/entered: County code Albany. The following correction(s) have been made to your case entry: the County code has been modified to Queens. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael Antonio Faillace to RE-FILE Document No. #8 Amended Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; PDF title should reflect event type (Amended Complaint). Re-file the pleading using the event type Amended 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) |
| Case Designated ECF. (sj) |
| Filing 8 FILING ERROR - DEFICIENT PLEADING - PDF ERROR FIRST AMENDED COMPLAINT amending #1 Complaint, against 35 Bakery Cafe Corp., James Nicozisis, Albert Pae, Christine Pae, Bobby P. Pae with JURY DEMAND.Document filed by Lizabeth Huertas Ramirez(Individually), Alfredo Hernandez Ramirez(on behalf of others similarly situated), Alfredo Hernandez Ramirez(Individually), Lizabeth Huertas Ramirez(on behalf of others similarly situated). Related document: #1 Complaint.(Faillace, Michael) Modified on 1/20/2021 (sj). |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Albert Pae, re: #1 Complaint,. Document filed by Alfredo Hernandez Ramirez(on behalf of others similarly situated), Alfredo Hernandez Ramirez(Individually), Lizabeth Huertas Ramirez(Individually), Lizabeth Huertas Ramirez(on behalf of others similarly situated)..(Faillace, Michael) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Bobby Doe, re: #1 Complaint,. Document filed by Alfredo Hernandez Ramirez(on behalf of others similarly situated), Alfredo Hernandez Ramirez(Individually), Lizabeth Huertas Ramirez(Individually), Lizabeth Huertas Ramirez(on behalf of others similarly situated)..(Faillace, Michael) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Christine Pae, re: #1 Complaint,. Document filed by Alfredo Hernandez Ramirez(on behalf of others similarly situated), Alfredo Hernandez Ramirez(Individually), Lizabeth Huertas Ramirez(Individually), Lizabeth Huertas Ramirez(on behalf of others similarly situated)..(Faillace, Michael) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to James Nicozisis, re: #1 Complaint,. Document filed by Alfredo Hernandez Ramirez(on behalf of others similarly situated), Alfredo Hernandez Ramirez(Individually), Lizabeth Huertas Ramirez(Individually)..(Faillace, Michael) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to 35 Bakery Cafe Corp., re: #1 Complaint,. Document filed by Alfredo Hernandez Ramirez(on behalf of others similarly situated), Alfredo Hernandez Ramirez(Individually), Lizabeth Huertas Ramirez(Individually), Lizabeth Huertas Ramirez(on behalf of others similarly situated)..(Faillace, Michael) |
| Filing 2 CIVIL COVER SHEET filed..(Faillace, Michael) |
| Filing 1 COMPLAINT against 35 Bakery Cafe Corp., Bobby Doe, James Nicozisis, Albert Pae, Christine Pae. (Filing Fee $ 402.00, Receipt Number ANYSDC-23573989)Document filed by Lizabeth Huertas Ramirez(Individually), Alfredo Hernandez Ramirez(on behalf of others similarly situated), Alfredo Hernandez Ramirez(Individually), Lizabeth Huertas Ramirez(on behalf of others similarly situated)..(Faillace, Michael) |
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