Asturillo v. 3143 Broadway Corp. et al
| Marco Antonio Cuesta Asturillo |
| 3143 Broadway Corp. d/b/a/ Bettolona, Sandro Giusiano, Schastiano Cappitta, Sebastiano Cappitta and 3143 Broadway Corp. doing business as Bettolona |
| 1:2021cv02800 |
| April 1, 2021 |
| US District Court for the Southern District of New York |
| John P Cronan |
| Labor: Fair Standards |
| 15 U.S.C. § 1938 |
| None |
Docket Report
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Filing 21
ORDER. It is hereby ORDERED that no later than June 21, 2021, Plaintiff shall move for default judgment as to Defendants, in accordance with Local Civil Rule 55.2 and Rule 3.D of the Court's Individual Rules and Practices for Civil Cases, or show cause why this case should not be dismissed for failure to prosecute. Pursuant to this Court's Individual Rules, Plaintiff must serve his motion for default judgment and supporting paperwork on Defendants and file an Affidavit of Service on ECF by June 23, 2021. Defendants shall file any opposition to the motion for default judgment no later than July 7, 2021. Plaintiff shall file any reply no later than July 14, 2021. It is further ORDERED that Defendants appear and show cause at a hearing before this Court on July 28, 2021 at 10:00 a.m., why an order should not be issued granting a default judgment against Defendants. That hearing shall take place telephonically. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. In the event that Defendants do not appear, Plaintiff's counsel should be prepared to discuss any communications with Defendants or representatives for Defendants regarding their litigation and any intent to challenge the suit, including discussions about the alleged illegal conduct prior to the filing of the lawsuit; how Defendants were served with the Summons and Complaint and this Order; why Plaintiff's counsel is confident that Defendants have been served with those documents and have notice of the hearing; and the method for calculating damages. In the event that Defendants appear in this case and oppose the motion for default judgment prior to the scheduled court appearance on July 28, 2021, that court appearance shall also serve as an Initial Case Management Conference pursuant to Rule 5.B of the Court's Individual Rules and Practices in Civil Cases. It is further ORDERED that Plaintiff serve Defendants via overnight courier with a copy of this Order within one week of the date of this Order. Within two business days of service, Plaintiff must file proof of such service on the docket. SO ORDERED. (Show Cause Hearing set for 7/28/2021 at 10:00 AM before Judge John P. Cronan.) (Motions due by 6/21/2021. Responses due by 7/7/2021. Replies due by 7/14/2021.) (Initial Conference set for 7/28/2021 at 10:00 AM before Judge John P. Cronan. Telephone Conference set for 7/28/2021 at 10:00 AM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 5/27/2021) (rjm)
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| Filing 20 CLERK'S CERTIFICATE OF DEFAULT as to 3143 Broadway Corp. d/b/a Bettolona, Sandro Giusiano, Sebastiano Cappitta, and Schastiano Cappitta.(km) |
| Filing 19 AFFIDAVIT of Michael Samuel re: #18 Proposed Clerk's Certificate of Default . Document filed by Marco Antonio Cuesta Asturillo. (Attachments: #1 Supplement).(Samuel, Michael) |
| Filing 18 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Marco Antonio Cuesta Asturillo..(Samuel, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 5/5/2021 (km). |
| Filing 17 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Marco Antonio Cuesta Asturillo. (Attachments: #1 Proposed Clerk's Certificate of Default).(Samuel, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 5/4/2021 (dt). |
| Filing 16 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Marco Antonio Cuesta Asturillo..(Samuel, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 5/4/2021 (dt). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Michael Samuel. RE-FILE Document No. #16 Proposed Clerk's Certificate of Default, #17 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): the proposed clerk's certificate of default does not list the name of the person that was personally served, as it is in the Affidavits of Service, you can use; Documents have to be filed separately. Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies) who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service, then separately file the Affirmation with the request as an attachment using the event type Affirmation in Support of a Non-Motion found under the event list Other Answers. (dt) |
| Filing 15 SUMMONS RETURNED EXECUTED Summons and Complaint served. Schastiano Cappitta served on 4/7/2021, answer due 4/28/2021. Service was accepted by Mr. Carino. Document filed by Marco Antonio Cuesta Asturillo..(Samuel, Michael) |
| Filing 14 SUMMONS RETURNED EXECUTED Summons and Complaint served. Sebastiano Cappitta served on 4/7/2021, answer due 4/28/2021. Service was accepted by Mr. Carino. Document filed by Marco Antonio Cuesta Asturillo..(Samuel, Michael) |
| Filing 13 SUMMONS RETURNED EXECUTED Summons and Complaint served. Sandro Giusiano served on 4/7/2021, answer due 4/28/2021. Service was accepted by Mr. Carino. Document filed by Marco Antonio Cuesta Asturillo..(Samuel, Michael) |
| Filing 12 SUMMONS RETURNED EXECUTED Summons and Complaint served. 3143 Broadway Corp. served on 4/7/2021, answer due 4/28/2021. Service was accepted by Mr. Carino. Document filed by Marco Antonio Cuesta Asturillo..(Samuel, Michael) |
| Filing 11 COMPLAINT against 3143 Broadway Corp., Schastiano Cappitta, Sebastiano Cappitta, Sandro Giusiano. Document filed by Marco Antonio Cuesta Asturillo..(Samuel, Michael) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Sebastiano Cappitta..(dnh) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Schastiano Cappitta..(dnh) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Sandro Giusiano..(dnh) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to 3143 Broadway Corp...(dnh) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Andrew David Beresin to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the pleading was not signed by the filing attorney. 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. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John P. Cronan. 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..(dnh) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Andrew David Beresin. The party information for the following party/parties has been modified: 3143 Broadway Corp.. The information for the party/parties has been modified for the following reason/reasons: alias party type was entered incorrectly. (dnh) |
| Magistrate Judge Kevin Nathaniel Fox 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. (dnh) |
| Case Designated ECF. (dnh) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Sebastiano Cappitta, re: #1 Complaint. Document filed by Marco Antonio Cuesta Asturillo..(Beresin, Andrew) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Schastiano Cappitta, re: #1 Complaint. Document filed by Marco Antonio Cuesta Asturillo..(Beresin, Andrew) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Sandro Giusiano, re: #1 Complaint. Document filed by Marco Antonio Cuesta Asturillo..(Beresin, Andrew) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to 3143 Broadway Corp., re: #1 Complaint. Document filed by Marco Antonio Cuesta Asturillo..(Beresin, Andrew) |
| Filing 2 CIVIL COVER SHEET filed..(Beresin, Andrew) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - COMPLAINT against 3143 Broadway Corp., Schastiano Cappitta, Sebastiano Cappitta, Sandro Giusiano. (Filing Fee $ 402.00.)Document filed by Marco Antonio Cuesta Asturillo..(Beresin, Andrew) Modified on 4/2/2021 (dnh). |
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