Efrin Valentine v. Central Construction Management LLC et al
| Efren Valentine |
| Central Construction Management LLC doing business as Central Construction Management, Gregory Kalamaras, Ebro Dique Group LLC doing business as Ebro Dique Group, Francisco Garcia, Ramon Calvo, Jr., Central Construction Management LLC and Ebro Dique Group LLC |
| 1:2021cv01322 |
| February 15, 2021 |
| US District Court for the Southern District of New York |
| Sidney H Stein |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Plaintiff |
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Filing 37
STIPULATION AND ORDER OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(a)(i): IT IS HEREBY STIPULATED and agreed, by and between the undersigned attorneys for Plaintiff and Defendant. Central Construction Management LLC and Gregory Kalamaras that this action is hereby dismissed in its entirety, without prejudice as against said Defendants with each party to bear its own costs expenses, disbursements, and attorneys fees. The Clerk of Court is directed to change the caption of this matter as follows: Efren Valentine Plaintiff Central Construction Management, LLC, ET al Defendants. This stipulation of voluntary dismissal dismisses the case as to the remaining defendants. The Clerk of Court is directed to close this case. So Ordered. (Signed by Judge Sidney H. Stein on 4/15/2021) (js) Modified on 4/15/2021 (js).
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| Filing 36 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Central Construction Management LLC, Gregory Kalamaras and without costs. Document filed by Efren Valentine(Individually), Efren Valentine(on behalf of others similarly situated). Proposed Order to be reviewed by Clerk's Office staff...(Faillace, Michael) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Faillace, Michael. RE-FILE Document No. #35 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the voluntary dismissal is not correct (it is not pursuant to F.R.C.P. 41(a)(1)(A)(ii); the stipulation of dismissal is not pursuant to F.R.C.P. 41(a)(1)(A)(ii). Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against specify whether the entry is pursuant to F.R.C.P. 41(a)(1)(A)(ii) - and attach the correct signed (scanned wet signature image) PDF. (tp) |
| ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #36 Stipulation of Voluntary Dismissal, was reviewed and referred to Judge Sidney H. Stein for approval for the following reason(s): the stipulation of dismissal is not pursuant to F.R.C.P. 41(a)(1)(A)(ii); the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (dt) |
| Filing 35 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Central Construction Management LLC, Gregory Kalamaras and without costs. Document filed by Efren Valentine(Individually), Efren Valentine(on behalf of others similarly situated). Proposed Order to be reviewed by Clerk's Office staff...(Faillace, Michael) Modified on 4/15/2021 (tp). |
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Filing 34
STIPULATION OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(a)(ii): IT IS HEREBY STIPULATED and agreed, by and between the undersigned attorneys for Plaintiff and Defendants, Ebro Dique Group LLC, Francisco Garcia, and Ramon Calvo, Jr., that this action is hereby dismissed in its entirety, with prejudice, as against said Defendants with each party to bear its own costs, expenses, disbursements, and attorneys' fees. So ordered. (Signed by Judge Sidney H. Stein on 4/13/2021) (rjm)
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| Filing 33 SATISFACTION OF JUDGMENT re: #30 Judgment entered In favor of Efren Valentine Against Ramon Calvo, Jr., In favor of Efren Valentine Against Ebro Dique Group LLC, In favor of Efren Valentine Against Francisco Garcia in the amount of $50,000. Judgment satisfied on 4/13/2021.(km) |
| ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #32 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Sidney H. Stein for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km) |
| Filing 32 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Ramon Calvo, Jr., Ebro Dique Group LLC, Francisco Garcia and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Efren Valentine(Individually), Efren Valentine(on behalf of others similarly situated). Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Faillace, Michael) |
| Filing 31 PROPOSED FULL SATISFACTION OF JUDGMENT. Satisfaction of Judgment to be Mailed by the Court. Document filed by Efren Valentine(Individually), Efren Valentine(on behalf of others similarly situated)..(Faillace, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
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Filing 30
JUDGMENT. WHEREAS, on or about April 7, 2021, Defendants, EBRO DlQUE GROUP, LLC, FRANCISCO GARCIA, and RAMON CAL VO, JR., extended to Plaintiff, EFREN VALENTINE, an offer of judgment pursuant to Rule 68 of the Federal Rules of Civil Procedure in the amount of Fifty Thousand Dollars and No Cents ($50,000.00), and whereas said Plaintiff accepted said offer on or about April 7, 2021, JUDGMENT shall be entered in favor of Plaintiff and against Defendants in the amount of Fifty Thousand Dollars and No Cents ($50,000.00). So ordered. Francisco Garcia, Ramon Calvo, Jr. and Ebro Dique Group LLC terminated. (Signed by Judge Sidney H. Stein on 4/9/2021) (rjm)
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| ***NOTICE TO COURT REGARDING NOTICE OF ACCEPTANCE WITH OFFER OF JUDGMENT. Document No. #28 Notice of Acceptance with Offer of Judgment, was reviewed and approved as to form. (dt) |
| ***NOTICE TO COURT REGARDING PROPOSED JUDGMENT. Document No. #29 Proposed Judgment, was reviewed and approved as to form. (dt) |
| Filing 29 PROPOSED JUDGMENT. Re: Document No. #28 Notice of Acceptance with Offer of Judgment,. Document filed by Efren Valentine(Individually), Efren Valentine(on behalf of others similarly situated)..(Faillace, Michael) Proposed Judgment to be reviewed by Clerk's Office staff. |
| Filing 28 NOTICE OF ACCEPTANCE WITH OFFER OF JUDGMENT . Document filed by Efren Valentine(Individually), Efren Valentine(on behalf of others similarly situated). (Attachments: #1 Exhibit A - Offer of Judgment, #2 Exhibit B - Acceptance of Judgment, #3 Exhibit C - Affirmation of Service).(Faillace, Michael) |
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Filing 27
STIPULATION. IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys, that the time for Defendants Central Construction Management LLC, Ebro Dique Group, LLC, Gregory Kalamaras, Francisco Garcia, and Ramon Calvo, Jr. to appear, answer, move against, or otherwise respond to the Complaint in this action be and the same is hereby extended to April 16, 2021, and as further specified and set forth in this Stipulation. So ordered. Ramon Calvo, Jr. answer due 4/16/2021; Central Construction Management LLC answer due 4/16/2021; Ebro Dique Group LLC answer due 4/16/2021; Francisco Garcia answer due 4/16/2021; Gregory Kalamaras answer due 4/16/2021. Motions terminated: #26 FIRST LETTER MOTION for Extension of Time addressed to Judge Sidney H. Stein from Rosalyn Maldonado, Esq. dated March 30, 2021. Document filed by Ramon Calvo, Jr., Ebro Dique Group LLC, Francisco Garcia. (Signed by Judge Sidney H. Stein on 4/2/2021) (rjm)
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| Filing 26 FIRST LETTER MOTION for Extension of Time addressed to Judge Sidney H. Stein from Rosalyn Maldonado, Esq. dated March 30, 2021. Document filed by Ramon Calvo, Jr., Ebro Dique Group LLC, Francisco Garcia..(Maldonado, Rosalyn) |
| Filing 25 NOTICE OF APPEARANCE by Rosalyn Maldonado on behalf of Ramon Calvo, Jr., Ebro Dique Group LLC, Francisco Garcia..(Maldonado, Rosalyn) |
| Filing 24 CERTIFICATE OF SERVICE of Summons and Complaint,. Ramon Calvo, Jr. served on 3/3/2021, answer due 3/31/2021; Ebro Dique Group LLC served on 3/3/2021, answer due 3/31/2021; Francisco Garcia served on 3/3/2021, answer due 3/31/2021. Service was made by Electronic Mail. Document filed by Efren Valentine(Individually); Efren Valentine(on behalf of others similarly situated)..(Faillace, Michael) |
| Filing 23 NOTICE OF APPEARANCE by Kevin Michael Doherty on behalf of Central Construction Management LLC, Gregory Kalamaras..(Doherty, Kevin) |
| Filing 22 NOTICE OF APPEARANCE by Zev Samuel Singer on behalf of Central Construction Management LLC, Gregory Kalamaras..(Singer, Zev) |
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Filing 21
STIPULATION. IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys, that the time for Defendants Central Construction Management LLC, Ebro Dique Group, LLC, Gregory Kalamaras, Francisco Garcia, and Ramon Calvo, Jr. to appear, answer, move against, or otherwise respond to the Complaint in this action be and the same is hereby extended to March 31, 2021, and as further set forth in this Stipulation. So ordered. Ramon Calvo, Jr. answer due 3/31/2021; Central Construction Management LLC answer due 3/31/2021; Ebro Dique Group LLC answer due 3/31/2021; Francisco Garcia answer due 3/31/2021; Gregory Kalamaras answer due 3/31/2021. (Signed by Judge Sidney H. Stein on 3/4/2021) (rjm)
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| Filing 20 PROPOSED STIPULATION AND ORDER. Document filed by Efren Valentine(Individually), Efren Valentine(on behalf of others similarly situated)..(Faillace, Michael) |
| Filing 19 NOTICE OF APPEARANCE by William Kevin Oates, JR on behalf of Efren Valentine(Individually), Efren Valentine(on behalf of others similarly situated)..(Oates, William) |
| Filing 17 FILING ERROR - DUPLICATE DOCKET ENTRY (SEE DOCUMENT # 18) - REQUEST FOR ISSUANCE OF SUMMONS as to Gregory Kalamaras, re: #1 Complaint,. Document filed by Efren Valentine(Individually), Efren Valentine(on behalf of others similarly situated)..(Faillace, Michael) Modified on 2/19/2021 (gp). |
| Filing 18 ELECTRONIC SUMMONS ISSUED as to Gregory Kalamaras..(gp) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to Ramon Calvo, Jr...(gp) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to Francisco Garcia..(gp) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to Ebro Dique Group LLC..(gp) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to Central Construction Management LLC..(gp) |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to Ramon Calvo, Jr., re: #1 Complaint,. Document filed by Efren Valentine(Individually), Efren Valentine(on behalf of others similarly situated)..(Faillace, Michael) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to Gregory Kalamaras, re: #1 Complaint,. Document filed by Efren Valentine(Individually), Efren Valentine(on behalf of others similarly situated)..(Faillace, Michael) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Francisco Garcia, re: #1 Complaint,. Document filed by Efren Valentine(Individually), Efren Valentine(on behalf of others similarly situated)..(Faillace, Michael) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Ebro Dique Group LLC, re: #1 Complaint,. Document filed by Efren Valentine(Individually), Efren Valentine(on behalf of others similarly situated)..(Faillace, Michael) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Central Construction Management LLC, re: #1 Complaint,. Document filed by Efren Valentine(Individually), Efren Valentine(on behalf of others similarly situated)..(Faillace, Michael) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Sidney H. Stein. 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 James L. Cott 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 REMOVAL OF ALIAS PARTY. Notice to attorney Michael Antonio Faillace. The following alias party/parties has been removed from this case: Central Construction Management LLC and Ebro Dique Group, LLC. The alias party was added to the case in error. (sj) |
| Case Designated ECF. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Michael Antonio Faillace to RE-FILE Document No. #3 Request for Issuance of Summons, #4 Request for Issuance of Summons, #5 Request for Issuance of Summons, #7 Request for Issuance of Summons, #6 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Party names must match exactly as pleading. 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) |
| Filing 7 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Ebro Dique Group LLC, re: #1 Complaint. Document filed by Efren Valentine(Individually), Efren Valentine(on behalf of others similarly situated)..(Faillace, Michael) Modified on 2/16/2021 (sj). |
| Filing 6 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Central Construction Management LLC, re: #1 Complaint. Document filed by Efren Valentine(Individually), Efren Valentine(on behalf of others similarly situated)..(Faillace, Michael) Modified on 2/16/2021 (sj). |
| Filing 5 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Ramon Calvo, Jr., re: #1 Complaint. Document filed by Efren Valentine(Individually), Efren Valentine(on behalf of others similarly situated)..(Faillace, Michael) Modified on 2/16/2021 (sj). |
| Filing 4 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Gregory Kalamaras, re: #1 Complaint. Document filed by Efren Valentine(Individually), Efren Valentine(on behalf of others similarly situated)..(Faillace, Michael) Modified on 2/16/2021 (sj). |
| Filing 3 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Francisco Garcia, re: #1 Complaint. Document filed by Efren Valentine(Individually), Efren Valentine(on behalf of others similarly situated)..(Faillace, Michael) Modified on 2/16/2021 (sj). |
| Filing 2 CIVIL COVER SHEET filed..(Faillace, Michael) |
| Filing 1 COMPLAINT against Ramon Calvo, Jr., Central Construction Management LLC, Ebro Dique Group LLC, Francisco Garcia, Gregory Kalamaras. (Filing Fee $ 402.00, Receipt Number ANYSDC-23938779)Document filed by Efren Valentine(Individually), Efren Valentine(on behalf of others similarly situated)..(Faillace, Michael) |
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