Vences Estrada v. Touba General Discount, Inc. et al
| Oscar Vences Estrada |
| Touba General Discount, Inc. doing business as 99 Cents USA and Babacar Konte |
| 1:2021cv05134 |
| June 10, 2021 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| None |
Docket Report
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This docket was last retrieved on June 23, 2022. A more recent docket listing may be available from PACER.
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Filing 15
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Settlement discussions have not taken place. The parties have conferred pursuant to Fed. R. Civ. P. 26 (f). This case is not to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 2-3 days. The initial telephone conference scheduled for September 2, 2021, is adjourned. The Court approves and so orders the parties' proposed scheduling order. The Court will also refer this matter to the the SDNY Mediation program The parties shall file a joint status letter on or before February 7, 2022. This Order may not be modified or the dates herein extended, except by further Order of this Court for good cause shown. Any application to modify or extend the dates herein (except as provided in paragraph 6(f) and 7(d)) shall be made in a written application in accordance with Courts Individual Practices and shall be made no less than two (2) business days prior to the expiration of the date sought to be extended. So Ordered. Deposition due by 12/1/2021. Fact Discovery due by 1/31/2022. Ready for Trial by 3/1/2022. (Signed by Judge J. Paul Oetken on 8/31/2021) (js)
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Filing 14
ORDER: It is hereby ORDERED that this case is referred to the Court-annexed Mediation Program. The parties are notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. Mediators will be assigned based on the nature of suit. Additional expertise requests should promptly be directed to the Mediation Office. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 9/10/2021. (Signed by Judge J. Paul Oetken on 8/31/2021) (vfr)
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| Filing 13 PROPOSED CASE MANAGEMENT PLAN. Document filed by Oscar Vences Estrada..(Cooper, Peter) |
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Filing 12
ORDER: Counsel for all parties are directed to appear telephonically for an initial pretrial conference with the Court on September 2, 2021, at 3:00 p.m. Counsel should call (888) 557- 8511 at the scheduled time. The access code is 9300838. Counsel who appear at the pretrial conference must be authorized to negotiate terms of settlement. Media and the public may join but are instructed to place their phones on mute. Counsel are directed to confer with each other prior to the conference regarding settlement and each of the other subjects to be considered at a Fed. R. Civ. P. 16 conference. Counsel are further directed to use the Courts Civil Case Management Plan and Scheduling Order form (the "Form") to jointly prepare a detailed written proposed schedule for any motions and discovery. Counsel should type entries into this Form using a copy of the Form available at https://nysd.uscourts.gov/hon-j-paul-oetken. The parties shall submit a copy of the completed Form at least three business days prior to the date of the conference. So Ordered. Initial Conference set for 9/2/2021 at 03:00 PM before Judge J. Paul Oetken. (Signed by Judge J. Paul Oetken on 8/9/2021) (js)
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SCHEDULING ORDER:RECOMMENDED TEXT: THE INITIAL PRETRIAL CONFERENCE SCHEDULED FOR 3 P.M. ON SEPTEMBER 2, 2021 IS RESCHEDULED FOR 3:30 P.M. ON THE SAME DAY. DIAL-IN INFORMATION REMAINS THE SAME. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken) (Text Only Order) (nd)
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| Filing 11 ANSWER to #1 Complaint. Document filed by Babacar Konte, Touba General Discount, Inc...(Hans, Stephen) |
| Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Babacar Konte, Touba General Discount, Inc...(Hans, Stephen) |
| Filing 9 NOTICE OF APPEARANCE by Stephen D. Hans on behalf of Babacar Konte, Touba General Discount, Inc...(Hans, Stephen) |
| Filing 8 NOTICE OF CHANGE OF ADDRESS by Peter Hans Cooper on behalf of Oscar Vences Estrada. New Address: Cilenti & Cooper, PLLC, 200 Park Avenue - 17th Floor, New York, NY, 10166,..(Cooper, Peter) |
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Filing 7
ORDER: Defendants were served on June 23 and 25, 2021. (Dkt. Nos. 56.) However, no appearance has been entered on Defendants behalf, and no response to the complaint has been filed in the allotted time. Plaintiff has not moved for a default judgment. Plaintiff is directed to notify the Court whether it intends to move for default judgment, or if it has received any communication from Defendants or their counsel regarding a response to the complaint. If Plaintiff fails by August 12, 2021 to either (1) file a letter concerning the status of the case, or (2) move for default judgment against Defendants, the action may be dismissed for failure to prosecute. Plaintiff is directed to serve a copy of this order by mail on Defendants. So Ordered. (Motions due by 8/12/2021.) (Signed by Judge J. Paul Oetken on 7/28/2021) (js)
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| Filing 6 AFFIDAVIT OF SERVICE of Summons and Complaint. Babacar Konte served on 6/25/2021, answer due 7/16/2021. Service was accepted by "John Smith". Document filed by Oscar Vences Estrada..(Cooper, Peter) |
| Filing 5 AFFIDAVIT OF SERVICE of Summons and Complaint. Touba General Discount, Inc. served on 6/23/2021, answer due 7/14/2021. Service was accepted by "John Smith". Document filed by Oscar Vences Estrada..(Cooper, Peter) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Babacar Konte, Touba General Discount, Inc.. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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..(vf) |
| Magistrate Judge Barbara C. Moses 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. (vf) |
| Case Designated ECF. (vf) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Touba General Discount, Inc. and Babacar Konte, re: #1 Complaint. Document filed by Oscar Vences Estrada..(Cooper, Peter) |
| Filing 2 CIVIL COVER SHEET filed..(Cooper, Peter) |
| Filing 1 COMPLAINT against Babacar Konte, Touba General Discount, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24655847)Document filed by Oscar Vences Estrada..(Cooper, Peter) |
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