Flores et al v. Chowbus Inc. et al
| Noe Escamilla Villano, Mario Clemente and Armando Francisco Flores |
| Chowbus Grocery LLC doing business as Chowbus, Eddie Lou, Fantuan Group, Inc. doing business as Chowbus, Chowbus Inc. doing business as Chowbus, Linxin Wen and Chen Pu |
| 1:2021cv00970 |
| February 3, 2021 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Plaintiff |
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| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 5/3/2021.(ah) |
| Filing 36 ANSWER to #1 Complaint,. Document filed by Fantuan Group, Inc...(Landman, David) |
| Filing 35 ANSWER to #1 Complaint,. Document filed by Chowbus Inc...(Landman, David) |
| Filing 34 ANSWER to #1 Complaint,. Document filed by Chen Pu..(Landman, David) |
| Filing 33 ANSWER to #1 Complaint,. Document filed by Chowbus Grocery LLC..(Landman, David) |
| Filing 32 ANSWER to #1 Complaint,. Document filed by Eddie Lou..(Landman, David) |
| Filing 31 ANSWER to #1 Complaint,. Document filed by Linxin Wen..(Landman, David) |
Filing 30
MEDIATION REFERRAL ORDER FOR CASES FILED UNDER THE FAIR LABOR STANDARDS ACT 29 U.S.C. Sec. 201 et seq. This case, involving claims under the Fair Labor Standards Act (FLSA), 29 U.S.C. Sec. 201 et seq., has been assigned to this Court for all purposes. In the Courts experience, cases involving FLSA claims often benefit from early mediation. To that end, prior to a Rule 16(b) case management conference the Court is referring this case to the Mediation Office for settlement purposes under Local Civil Rule 83.9. To facilitate mediation the parties shall, within four weeks of this Order, confer and provide the items set forth in this Order. Mediator to be Assigned by 4/5/2021. (Signed by Judge Vernon S. Broderick on 12/10/19) (rpr)
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| Filing 29 JOINT LETTER addressed to Judge Vernon S. Broderick from Parties dated 3/24/21 re: Order of March 18, 2021. Document filed by Mario Clemente(on behalf of others similarly situated), Mario Clemente(Individually), Noe Escamilla Villano(Individually), Noe Escamilla Villano(on behalf of others similarly situated), Armando Francisco Flores(on behalf of others similarly situated), Armando Francisco Flores(Individually)..(Errington, Clela) |
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Filing 28
MEMO ENDORSEMENT re: #26 Letter, filed by Noe Escamilla Villano, Mario Clemente, Armando Francisco Flores. ENDORSEMENT: The parties are hereby ORDERED to submit, by or on March 25, 2021, a joint letter proposing a date no later than 45 days from the entry of this Order by which Defendants must answer or otherwise respond to Plaintiffs' Complaint. (Signed by Judge Vernon S. Broderick on 3/18/2021) (nb)
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| Filing 27 NOTICE OF APPEARANCE by David A Landman on behalf of Chowbus Grocery LLC, Chowbus Inc., Fantuan Group, Inc., Eddie Lou, Chen Pu, Linxin Wen..(Landman, David) |
| Filing 26 LETTER addressed to Judge Vernon S. Broderick from Plaintiffs dated 3/12/21 re: Order of March 1, 2021. Document filed by Mario Clemente(on behalf of others similarly situated), Mario Clemente(Individually), Noe Escamilla Villano(Individually), Noe Escamilla Villano(on behalf of others similarly situated), Armando Francisco Flores(on behalf of others similarly situated), Armando Francisco Flores(Individually)..(Errington, Clela) |
| Filing 25 WAIVER OF SERVICE RETURNED EXECUTED. Fantuan Group, Inc. waiver sent on 3/11/2021, answer due 5/10/2021. Document filed by Mario Clemente(on behalf of others similarly situated); Noe Escamilla Villano(Individually); Armando Francisco Flores(on behalf of others similarly situated); Noe Escamilla Villano(on behalf of others similarly situated); Armando Francisco Flores(Individually); Mario Clemente(Individually)..(Errington, Clela) |
| Filing 24 WAIVER OF SERVICE RETURNED EXECUTED. Chowbus Inc. waiver sent on 3/11/2021, answer due 5/10/2021. Document filed by Mario Clemente(on behalf of others similarly situated); Noe Escamilla Villano(Individually); Armando Francisco Flores(on behalf of others similarly situated); Noe Escamilla Villano(on behalf of others similarly situated); Armando Francisco Flores(Individually); Mario Clemente(Individually)..(Errington, Clela) |
| Filing 23 WAIVER OF SERVICE RETURNED EXECUTED. Chen Pu waiver sent on 3/11/2021, answer due 5/10/2021. Document filed by Mario Clemente(on behalf of others similarly situated); Noe Escamilla Villano(Individually); Armando Francisco Flores(on behalf of others similarly situated); Noe Escamilla Villano(on behalf of others similarly situated); Armando Francisco Flores(Individually); Mario Clemente(Individually)..(Errington, Clela) |
| Filing 22 WAIVER OF SERVICE RETURNED EXECUTED. Chowbus Grocery LLC waiver sent on 3/11/2021, answer due 5/10/2021. Document filed by Mario Clemente(on behalf of others similarly situated); Noe Escamilla Villano(Individually); Armando Francisco Flores(on behalf of others similarly situated); Noe Escamilla Villano(on behalf of others similarly situated); Armando Francisco Flores(Individually); Mario Clemente(Individually)..(Errington, Clela) |
| Filing 21 WAIVER OF SERVICE RETURNED EXECUTED. Eddie Lou waiver sent on 3/11/2021, answer due 5/10/2021. Document filed by Mario Clemente(on behalf of others similarly situated); Noe Escamilla Villano(Individually); Armando Francisco Flores(on behalf of others similarly situated); Noe Escamilla Villano(on behalf of others similarly situated); Armando Francisco Flores(Individually); Mario Clemente(Individually)..(Errington, Clela) |
| Filing 20 WAIVER OF SERVICE RETURNED EXECUTED. Linxin Wen waiver sent on 3/11/2021, answer due 5/10/2021. Document filed by Mario Clemente(on behalf of others similarly situated); Noe Escamilla Villano(Individually); Armando Francisco Flores(on behalf of others similarly situated); Noe Escamilla Villano(on behalf of others similarly situated); Armando Francisco Flores(Individually); Mario Clemente(Individually)..(Errington, Clela) |
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Filing 19
ORDER: Plaintiffs filed this action against Defendants Chowbus Inc., Fantuan, Group, Inc., Chowbus Grocery LLC, Chen Pu, Eddie Lou, and Linxin Wen on February 3, 2021. (Doc. 1.) On February 5, 2021, Plaintiffs filed affidavits of service on Defendants Chowbus Inc., Fantuan, Group, Inc., and Chowbus Grocery LLC (collectively, the Corporate Defendants). (Docs. 16, 17, 18.) The deadline for the Corporate Defendants to respond to Plaintiff's complaint was February 26, 2021. (See Docs. 16, 17, 18.) To date, none of the Corporate Defendants have appeared or responded to the complaint. Plaintiffs, however, have taken no action to prosecute this case. Accordingly, if Plaintiffs intend to seek a default judgment they are directed to do so in accordance with Rule 4(H) of my Individual Rules and Practices in Civil Cases by no later than March 12, 2021. If Plaintiffs fail to do so or otherwise demonstrate that they intend to prosecute this litigation, I may dismiss this case for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). SO ORDERED., (Motions due by 3/12/2021.) (Signed by Judge Vernon S. Broderick on 3/1/2021) (nb)
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| Filing 18 AFFIDAVIT OF SERVICE of Summons and Complaint,. Chowbus Grocery LLC served on 2/5/2021, answer due 2/26/2021. Service was accepted by Amy Lesch, AUTHORIZED AGENT in the Office of the Secretary of State, of the State of New York. Document filed by Mario Clemente(on behalf of others similarly situated); Noe Escamilla Villano(Individually); Armando Francisco Flores(on behalf of others similarly situated); Noe Escamilla Villano(on behalf of others similarly situated); Armando Francisco Flores(Individually); Mario Clemente(Individually)..(Faillace, Michael) |
| Filing 17 AFFIDAVIT OF SERVICE of Summons and Complaint,. Fantuan Group, Inc. served on 2/5/2021, answer due 2/26/2021. Service was accepted by Amy Lesch, AUTHORIZED AGENT in the Office of the Secretary of State, of the State of New York. Document filed by Mario Clemente(on behalf of others similarly situated); Noe Escamilla Villano(Individually); Armando Francisco Flores(on behalf of others similarly situated); Noe Escamilla Villano(on behalf of others similarly situated); Armando Francisco Flores(Individually); Mario Clemente(Individually)..(Faillace, Michael) |
| Filing 16 AFFIDAVIT OF SERVICE of Summons and Complaint,. Chowbus Inc. served on 2/5/2021, answer due 2/26/2021. Service was accepted by Amy Lesch, AUTHORIZED AGENT in the Office of the Secretary of State, of the State of New York. Document filed by Mario Clemente(on behalf of others similarly situated); Noe Escamilla Villano(Individually); Armando Francisco Flores(on behalf of others similarly situated); Noe Escamilla Villano(on behalf of others similarly situated); Armando Francisco Flores(Individually); Mario Clemente(Individually)..(Faillace, Michael) |
| Filing 15 NOTICE OF APPEARANCE by Clela Alice Errington on behalf of Mario Clemente(on behalf of others similarly situated), Mario Clemente(Individually), Noe Escamilla Villano(Individually), Noe Escamilla Villano(on behalf of others similarly situated), Armando Francisco Flores(on behalf of others similarly situated), Armando Francisco Flores(Individually)..(Errington, Clela) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to Linxin Wen. (sj) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to Eddie Lou. (sj) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Chen Pu. (sj) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Chowbus Grocery LLC. (sj) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Fantuan Group, Inc.. (sj) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Chowbus Inc.. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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 Gabriel W. Gorenstein 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 8 CIVIL COVER SHEET filed..(Faillace, Michael) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Linxin Wen, re: #1 Complaint,. Document filed by Mario Clemente(on behalf of others similarly situated), Mario Clemente(Individually), Noe Escamilla Villano(Individually), Noe Escamilla Villano(on behalf of others similarly situated), Armando Francisco Flores(on behalf of others similarly situated), Armando Francisco Flores(Individually)..(Faillace, Michael) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Eddie Lou, re: #1 Complaint,. Document filed by Mario Clemente(on behalf of others similarly situated), Mario Clemente(Individually), Noe Escamilla Villano(Individually), Noe Escamilla Villano(on behalf of others similarly situated), Armando Francisco Flores(on behalf of others similarly situated), Armando Francisco Flores(Individually)..(Faillace, Michael) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Chen Pu, re: #1 Complaint,. Document filed by Mario Clemente(on behalf of others similarly situated), Mario Clemente(Individually), Noe Escamilla Villano(Individually), Noe Escamilla Villano(on behalf of others similarly situated), Armando Francisco Flores(on behalf of others similarly situated), Armando Francisco Flores(Individually)..(Faillace, Michael) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Chowbus Grocery LLC, re: #1 Complaint,. Document filed by Mario Clemente(on behalf of others similarly situated), Mario Clemente(Individually), Noe Escamilla Villano(Individually), Noe Escamilla Villano(on behalf of others similarly situated), Armando Francisco Flores(on behalf of others similarly situated), Armando Francisco Flores(Individually)..(Faillace, Michael) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Fantuan Group Inc., re: #1 Complaint,. Document filed by Mario Clemente(on behalf of others similarly situated), Mario Clemente(Individually), Noe Escamilla Villano(Individually), Noe Escamilla Villano(on behalf of others similarly situated), Armando Francisco Flores(on behalf of others similarly situated), Armando Francisco Flores(Individually)..(Faillace, Michael) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Chowbus Inc., re: #1 Complaint,. Document filed by Mario Clemente(on behalf of others similarly situated), Mario Clemente(Individually), Noe Escamilla Villano(Individually), Noe Escamilla Villano(on behalf of others similarly situated), Armando Francisco Flores(on behalf of others similarly situated), Armando Francisco Flores(Individually)..(Faillace, Michael) |
| Filing 1 COMPLAINT against Chowbus Grocery LLC, Chowbus Inc., Fantuan Group, Inc., Eddie Lou, Chen Pu, Linxin Wen. (Filing Fee $ 402.00, Receipt Number ANYSDC-23809296)Document filed by Mario Clemente(on behalf of others similarly situated), Noe Escamilla Villano(Individually), Armando Francisco Flores(on behalf of others similarly situated), Noe Escamilla Villano(on behalf of others similarly situated), Armando Francisco Flores(Individually), Mario Clemente(Individually)..(Faillace, Michael) |
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