Mendez et al v. Brickoven Pizzadelivery Inc. et al
| Hermelindo Lopez and Edwin Mendez |
| Brickoven Pizzadelivery Inc. doing business as Brickoven Pizza, Rino Lacerra, Emilio Lackerra, Brickoven Pizzadelivery Inc. doing business as Brickoven Pizza 33, Emilio Lacerra, Terra e Mare, Inc. and John Doe Corporations 1-10 |
| 1:2021cv04567 |
| May 21, 2021 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Labor: Fair Standards |
| 28 U.S.C. § 1331 fl |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 10, 2021. A more recent docket listing may be available from PACER.
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Filing 26
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. (as further set forth herein). SO ORDERED. (Signed by Judge Analisa Torres on 6/28/2021) (kv)
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Filing 25
INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by September 20, 2021, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. (as further set forth herein). SO ORDERED. (Signed by Judge Analisa Torres on 6/28/2021) (kv)
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Filing 24
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. (as further set forth herein). SO ORDERED. (Signed by Judge Analisa Torres on 6/15/2021) (kv)
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| Filing 23 ELECTRONIC AMENDED SUMMONS ISSUED as to Emilio Lacerra. (vf) |
| Filing 22 ELECTRONIC AMENDED SUMMONS ISSUED as to Rino Lacerra. (vf) |
| Filing 21 ELECTRONIC AMENDED SUMMONS ISSUED as to Brickoven Pizzadelivery Inc. (vf) |
| Filing 20 ELECTRONIC SUMMONS ISSUED as to Terra e Mare, Inc. (vf) |
| Filing 19 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Emilio Lacerra, re: #14 Amended Complaint,. Document filed by Hermelindo Lopez, Edwin Mendez..(Lee, C.K.) |
| Filing 18 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Rino Lacerra, re: #14 Amended Complaint,. Document filed by Hermelindo Lopez, Edwin Mendez..(Lee, C.K.) |
| Filing 17 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Brickoven Pizzadelivery, Inc., re: #14 Amended Complaint,. Document filed by Hermelindo Lopez, Edwin Mendez..(Lee, C.K.) |
| Filing 16 FILING ERROR - DEFICIENT - SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to John Doe Corporations 1-10, re: #14 Amended Complaint,. Document filed by Hermelindo Lopez, Edwin Mendez.(Lee, C.K.) Modified on 6/14/2021 (vf). |
| Filing 15 REQUEST FOR ISSUANCE OF SUMMONS as to Terra e Mare, Inc., re: #14 Amended Complaint,. Document filed by Hermelindo Lopez, Edwin Mendez..(Lee, C.K.) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney C.K. Lee to RE-FILE Document No. #16 Request for Issuance of Summons. The filing is deficient for the following reason(s): The Request for Issuance of Summons cannot be issued for the party requested because it does not identify the party subject to service. Pursuant to FRCP Rule 4(a)(1)(A) and FRCP Rule 4(a)(1)(B) : a summons must name the parties and be directed to the defendant. Once the party has been identified, the filing party may request a summons at that time. 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. (vf) |
| Filing 14 FIRST AMENDED COMPLAINT amending #13 Amended Complaint, #2 Complaint, against Brickoven Pizzadelivery Inc., Rino Lacerra, Emilio Lacerra, Terra e Mare, Inc., John Doe Corporations 1-10 with JURY DEMAND.Document filed by Edwin Mendez, Hermelindo Lopez. Related document: #13 Amended Complaint, #2 Complaint,. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E).(Lee, C.K.) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney C.K. Lee to RE-FILE re: Document No. #13 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; add parties Terra E Mare, Inc. and John Doe Corporations 1-10; all of the parties whom the pleading is against were not selected. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. 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) |
| Filing 13 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR FIRST AMENDED COMPLAINT amending #2 Complaint, against Brickoven Pizzadelivery Inc., Rino Lacerra, Emilio Lackerra with JURY DEMAND.Document filed by Edwin Mendez, Hermelindo Lopez. Related document: #2 Complaint,. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E).(Lee, C.K.) Modified on 6/10/2021 (jgo). |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Emilio Lackerra..(gp) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Rino Lacerra..(gp) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Brickoven Pizzadelivery Inc...(gp) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Rino Lacerra, re: #2 Complaint,. Document filed by Hermelindo Lopez, Edwin Mendez..(Lee, C.K.) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Emilio Lackerra, re: #2 Complaint,. Document filed by Hermelindo Lopez, Edwin Mendez..(Lee, C.K.) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Brickoven Pizzadelivery Inc, re: #2 Complaint,. Document filed by Hermelindo Lopez, Edwin Mendez..(Lee, C.K.) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney C.K. Lee to RE-FILE Document No. #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; Each request of summons must be its own separate docketed event. 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 6 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Brickoven Pizzadelivery Inc, et al, re: #2 Complaint. Document filed by Hermelindo Lopez, Edwin Mendez. (Attachments: #1 Summons Rino Lacerra, #2 Summons Emilio Lackerra).(Lee, C.K.) Modified on 5/25/2021 (sj). |
| Filing 5 CIVIL COVER SHEET filed..(Lee, C.K.) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney C.K. Lee to RE-FILE Document No. #1 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated October 1, 2020; Citizenship Plaintiff and Defendant codes must only be selected when Diversity Jurisdiction code is selected; the PDF was not signed or dated by the attorney;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| 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. (jgo) |
| 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..(jgo) |
| Case Designated ECF. (jgo) |
| Filing 4 CONSENT TO SUE UNDER THE F.L.S.A. Document filed by Hermelindo Lopez..(Lee, C.K.) |
| Filing 3 CONSENT TO SUE UNDER THE F.L.S.A. Document filed by Edwin Mendez..(Lee, C.K.) |
| Filing 2 COMPLAINT against Brickoven Pizzadelivery Inc., Rino Lacerra, Emilio Lackerra. (Filing Fee $ 402.00, Receipt Number ANYSDC-24571590)Document filed by Edwin Mendez, Hermelindo Lopez. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B).(Lee, C.K.) |
| Filing 1 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Lee, C.K.) Modified on 5/24/2021 (jgo). |
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