Espinosa Puga v. Selamat Pagi LLC et al
| MARCO ANTONIO ESPINOSA PUGA |
| VAN LEEUWEN ICE CREAM, LLC, BENJAMIN WILLIAM VAN LEEUWEN, SELAMAT PAGI LLC, PETER VAN LEEUWEN, LAURA O'NEILL and Churn, LLC |
| 1:2021cv01529 |
| February 19, 2021 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 2, 2021. A more recent docket listing may be available from PACER.
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Filing 32
ORDER: It is hereby ORDERED that the initial pretrial conference is cancelled. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 4/19/2021) (cf)
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| Filing 31 LETTER addressed to Judge Lorna G. Schofield from Josef Nussbaum dated April 19, 2021 re: proposed case management plan. Document filed by Marco Antonio Espinosa Puga. (Attachments: #1 Exhibit A).(Nussbaum, Yosef) |
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Filing 30
ORDER: It is hereby ORDERED that as soon as possible, and no later than April 20, 2021, at noon, the parties shall submit a filled-in proposed case management plan. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 4/19/2021) (cf)
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| Filing 29 LETTER addressed to Judge Lorna G. Schofield from Josef Nussbaum dated April 15, 2021 re: Initial Conference. Document filed by Marco Antonio Espinosa Puga. (Attachments: #1 Exhibit A, #2 Exhibit B).(Nussbaum, Yosef) |
| Filing 28 CERTIFICATE OF SERVICE of copy of the Court's March 11, 2021 Order and Judge Schofield's Individual Rules served on Plaintiff on April 6, 2021. Document filed by Churn, LLC, Laura O'Neill, Benjamin William Van Leeuwen, Peter Van Leeuwen, Van Leeuwen Ice Cream, LLC..(Vescova, Nicole) |
| Filing 27 CERTIFICATE OF SERVICE of March 11, 2021 Order served on All Defendants on 4/2/2021. Document filed by Marco Antonio Espinosa Puga..(Nussbaum, Yosef) |
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Filing 26
ORDER : It is hereby ORDERED that a conference will be held at April 22, 2021 at 11:00 a.m. The conference will be telephonic. The time of the conference is approximate, but the parties shall be ready to proceed by that time. The Court will call the parties at the number provided in the joint letter (discussed below) once the conference is ready to begin. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties shall ensure they are all dialed into the conference call by the appointed conference time. IT IS FURTHER ORDERED that the parties shall file a joint letter on ECF at least seven calendar days prior to the initial pre-trial conference, not to exceed 5 pages, providing the following information in separate paragraphs as further set forth in this Order. Counsel who have noticed an appearance as of the issuance of this order are directed (i) to notify all other parties' attorneys in this action by serving upon each of them a copy of this order and the Court's Individual Rules forthwith, and (ii) 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 send a copy of this order and Individual Rules to that party personally. DATE AND PLACE OF CONFERENCE: April 22,2021 at 11:00 a.m., to be held telephonically in accordance with the instructions on the first page of this order. ( Initial Conference set for 4/22/2021 at 11:00 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 3/11/21) (yv) Modified on 3/11/2021 (yv).
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| Filing 25 ELECTRONIC AMENDED SUMMONS ISSUED as to Laura O'Neill, Benjamin William Van Leeuwen, Peter Van Leeuwen, Van Leeuwen Ice Cream, LLC. (sj) |
| Filing 24 ELECTRONIC SUMMONS ISSUED as to Churn, LLC. (sj) |
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Filing 23
STIPULATION EXTENDING DEFENDANTS' TIME TO ANSWER AND WAIVER OF THE SERVICE OF THE SUMMONS AND AMENDED COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for Plaintiff Marco Antonio Espinosa Puga ("Plaintiff") and the attorneys for Defendants Churn LLC, Van Leeuwen Ice Cream, LLC, Benjamin William Van Leeuwen, Peter Van Leeuwen and Laura O'Neill (collectively, the "Defendants") that: 1. Counsel to Defendants, Ellenoff Grossman & Schole LLP, agree to waive service of the summons and Amended Complaint on Defendants in this action and accept service of the summons and Amended Complaint on behalf of Defendants; 2. Defendants will keep all defenses or objections to the lawsuit, the court's jurisdiction, and the venue of this action, but agree to waive any objections to the absence of a summons or of service; and 3. Defendants acknowledge that they must file an answer or otherwise respond to Plaintiff's Amended Complaint by April 30, 2021. SO ORDERED. (Signed by Judge Lorna G. Schofield on 3/5/2021) Churn, LLC answer due 4/30/2021; Laura O'Neill answer due 4/30/2021; Benjamin William Van Leeuwen answer due 4/30/2021; Peter Van Leeuwen answer due 4/30/2021; Van Leeuwen Ice Cream, LLC answer due 4/30/2021. (ks)
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| Filing 22 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Van Leeuwen Ice Cream, LLC, Benjamin William Van Leeuwen, Peter Van Leeuwen, Laura O'Neill, re: #11 Amended Complaint,. Document filed by Marco Antonio Espinosa Puga..(Kirschenbaum, Daniel) |
| Filing 21 REQUEST FOR ISSUANCE OF SUMMONS as to Churn, LLC, re: #11 Amended Complaint,. Document filed by Marco Antonio Espinosa Puga..(Kirschenbaum, Daniel) |
| Filing 20 PROPOSED STIPULATION AND ORDER. Document filed by Churn, LLC, Laura O'Neill, Benjamin William Van Leeuwen, Peter Van Leeuwen, Van Leeuwen Ice Cream, LLC..(Vescova, Nicole) |
| Filing 19 NOTICE OF APPEARANCE by Nicole M. Vescova on behalf of Churn, LLC..(Vescova, Nicole) |
| Filing 18 NOTICE OF APPEARANCE by Ilan Weiser on behalf of Churn, LLC..(Weiser, Ilan) |
| Filing 17 NOTICE OF APPEARANCE by Amanda M. Fugazy on behalf of Churn, LLC..(Fugazy, Amanda) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Daniel Maimon Kirschenbaum to RE-FILE Document No. #13 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; the wrong event type was used to file the request for issuance of summons; a standard summons is required for new parties (Churn LLC) using the event type Request for Issuance of Summons and an Amended summonses (Laura O'Neill, Benjamin William Van Leeuwen, Peter Van Leeuwen, Van Leeuwen Ice Cream, LLC) must be used for parties whom a summons has been previously issued. (pc) |
| Filing 16 NOTICE OF APPEARANCE by Nicole M. Vescova on behalf of Laura O'Neill, Benjamin William Van Leeuwen, Peter Van Leeuwen, Van Leeuwen Ice Cream, LLC..(Vescova, Nicole) |
| Filing 15 NOTICE OF APPEARANCE by Ilan Weiser on behalf of Laura O'Neill, Benjamin William Van Leeuwen, Peter Van Leeuwen, Van Leeuwen Ice Cream, LLC..(Weiser, Ilan) |
| Filing 14 NOTICE OF APPEARANCE by Amanda M. Fugazy on behalf of Laura O'Neill, Benjamin William Van Leeuwen, Peter Van Leeuwen, Van Leeuwen Ice Cream, LLC..(Fugazy, Amanda) |
| Filing 13 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Churn, LLC, Van Leeuwen Ice Cream, LLC, Benjamin William Van Leeuwen, Peter Van Leeuwen, Laura O'Neill, re: #11 Amended Complaint,. Document filed by Marco Antonio Espinosa Puga..(Kirschenbaum, Daniel) Modified on 3/4/2021 (pc). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Daniel Maimon Kirschenbaum to RE-FILE Document No. #12 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; a standard summons is required for new parties using the event type Request for Issuance of Summons and an Amended summonses must be used for parties whom a summons has been previously issued, using the event type Request for Issuance of Amended Summons; both requests must be filed separately. 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 12 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Churn LLC, Van Leeuwen Ice Cream, LLC, Benjamin William Van Leeuwen, Peter Van Leeuwen, Laura O'Neill, re: #11 Amended Complaint,. Document filed by Marco Antonio Espinosa Puga..(Kirschenbaum, Daniel) Modified on 3/3/2021 (sj). |
| Filing 11 AMENDED COMPLAINT amending #8 Amended Complaint, against Churn, LLC, Laura O'Neill, Benjamin William Van Leeuwen, Peter Van Leeuwen, Van Leeuwen Ice Cream, LLC with JURY DEMAND.Document filed by Marco Antonio Espinosa Puga. Related document: #8 Amended Complaint,..(Kirschenbaum, Daniel) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Daniel Maimon Kirschenbaum 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; the pleading must be titled to correspond with the event type used (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. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Daniel Maimon Kirschenbaum to RE-FILE Document No. #10 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; a standard summons must be requested for new parties using the event type Request for Issuance of Summons and an Amended summonses must be request for parties whom a summons has been previously issued for using the event type Request for Issuance of Amended Summons; summons request was not processed due to deficient pleading;. Re-file the document using the event type Request for Issuance of Summons and Request for Issuance of Amended Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) |
| Filing 10 FILING ERROR - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Churn, LLC, Van Leeuwen Ice Cream, LLC, Benjamin William Van Leeuwen, Peter Van Leeuwen, Laura O'Neill, re: #8 Amended Complaint,. Document filed by Marco Antonio Espinosa Puga..(Kirschenbaum, Daniel) Modified on 3/1/2021 (jgo). |
| Filing 9 CIVIL COVER SHEET filed..(Kirschenbaum, Daniel) |
| Filing 8 FILING ERROR - PDF ERROR - AMENDED COMPLAINT amending #4 Complaint, against Laura O'Neill, Benjamin William Van Leeuwen, Peter Van Leeuwen, Van Leeuwen Ice Cream, LLC, Churn, LLC with JURY DEMAND.Document filed by Marco Antonio Espinosa Puga. Related document: #4 Complaint,..(Kirschenbaum, Daniel) Modified on 3/1/2021 (jgo). |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Laura O'Neill, Selamat Pagi LLC, Benjamin William Van Leeuwen, Peter Van Leeuwen, Van Leeuwen Ice Cream, LLC. (sj) |
| Filing 6 CIVIL COVER SHEET filed..(Kirschenbaum, Daniel) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Selamat Pagi LLC, Van Leeuwen Ice Cream, LLC, Benjamin William Van Leeuwen, Peter Van Leeuwen, Laura O'Neill, re: #4 Complaint,. Document filed by Marco Antonio Espinosa Puga..(Kirschenbaum, Daniel) |
| Filing 4 COMPLAINT against Laura O'Neill, Selamat Pagi LLC, Benjamin William Van Leeuwen, Peter Van Leeuwen, Van Leeuwen Ice Cream, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-24027916)Document filed by Marco Antonio Espinosa Puga..(Kirschenbaum, Daniel) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Daniel Maimon Kirschenbaum 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. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Daniel Maimon Kirschenbaum. The party information for the following party/parties has been modified: MARCO ANTONIO ESPINOSA PUGA, SELAMAT PAGI LLC, VAN LEEUWEN ICE CREAM, LLC, BENJAMIN WILLIAM VAN LEEUWEN, PETER VAN LEEUWEN, LAURA O'NEILL. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; DO NOT TYPE PARTY NAMES IN ALL CAPS. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Daniel Maimon Kirschenbaum to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): Include each party's name on the docket entry for the summons request;. 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. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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..(pc) |
| Magistrate Judge Ona T. Wang 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. (pc) |
| Case Designated ECF. (pc) |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to, re: #1 Complaint. Document filed by MARCO ANTONIO ESPINOSA PUGA..(Kirschenbaum, Daniel) Modified on 2/22/2021 (pc). |
| Filing 2 CIVIL COVER SHEET filed..(Kirschenbaum, Daniel) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against All Defendants. (Filing Fee $ 402.00, Receipt Number ANYSDC-24010801)Document filed by MARCO ANTONIO ESPINOSA PUGA..(Kirschenbaum, Daniel) Modified on 2/22/2021 (pc). |
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