Alvarez et al v. Restaurant 101 Inc. et al
| Jacqueline Alvarez and Angelina Almonte |
| Restaurant 101 Inc. doing business as Dyckman Express Restaurant, Andres Moronta and Cirilo Moronta |
| 1:2021cv06133 |
| July 16, 2021 |
| US District Court for the Southern District of New York |
| Sarah L Cave |
| Paul A Engelmayer |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 2, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 22 CLERK'S CERTIFICATE OF DEFAULT as to Defendant RESTAURANT 101, INC. d/b/a DYCKMAN EXPRESS RESTAURANT, issued September 8, 2021.(dt) |
| Filing 21 CLERK'S CERTIFICATE OF DEFAULT as to Defendant CIRILO MORONTA, issued September 8, 2021.(dt) |
| Filing 20 CLERK'S CERTIFICATE OF DEFAULT as to Defendant ANDRES MORONTA, issued September 8, 2021.(dt) |
| Filing 19 AFFIRMATION of Colin Mulholland, Esq. in Support re: #17 Proposed Clerk's Certificate of Default, #16 Proposed Clerk's Certificate of Default, #18 Proposed Clerk's Certificate of Default,. Document filed by Angelina Almonte, Jacqueline Alvarez..(Mulholland, Colin) Modified on 9/8/2021 (dt). |
| Filing 18 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Angelina Almonte, Jacqueline Alvarez..(Mulholland, Colin) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 9/8/2021 (dt). |
| Filing 17 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Angelina Almonte, Jacqueline Alvarez..(Mulholland, Colin) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 9/8/2021 (dt). |
| Filing 16 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Angelina Almonte, Jacqueline Alvarez..(Mulholland, Colin) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 9/8/2021 (dt). |
| Filing 15 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Angelina Almonte, Jacqueline Alvarez. (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order, #3 Text of Proposed Order).(Mulholland, Colin) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 9/8/2021 (km). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Colin Mulholland. RE-FILE Document No. #15 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): The documents are not filed correctly. Each certificate needs to be filed as separate entries. Please refer to ECF Rule 16.1 for filing instructions. (km) |
Filing 14
ORDER TO INITIATE DEFAULT PROCEEDINGS: This action has been referred to the undersigned for general pretrial supervision. (ECF No. 2). Affidavits of service indicate that on July 30, 2021, the Complaint was served on Defendants (i) Restaurant 101 Inc., (ii) Cirilo Moronta, and (iii) Andres Moronta, with Defendants' Answers due on August 20, 2021. (ECF Nos. 1113). No Answers having been filed on the docket, Plaintiffs are hereby ORDERED to request a Certificate of Default from the Clerk of Court by Thursday, September 9, 2021, and to file a Motion for Default Judgment in accordance with the Individual Practices of the Honorable Paul A. Engelmayer, Rule 55 of the Federal Rules of Civil Procedure, and S.D.N.Y. Local Rule 55 by no later than Thursday, September 23, 2021. SO ORDERED. (Motions due by 9/23/2021.) (Signed by Magistrate Judge Sarah L Cave on 9/2/2021) (jca)
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| Filing 13 SUMMONS RETURNED EXECUTED. Andres Moronta served on 7/30/2021, answer due 8/20/2021. Service was accepted by Julia Liriano. Service was made by MAIL. Document filed by Jacqueline Alvarez; Angelina Almonte..(Mulholland, Colin) |
| Filing 12 SUMMONS RETURNED EXECUTED. Cirilo Moronta served on 7/30/2021, answer due 8/20/2021. Service was accepted by Julia Liriano. Document filed by Jacqueline Alvarez; Angelina Almonte..(Mulholland, Colin) |
| Filing 11 SUMMONS RETURNED EXECUTED. Restaurant 101 Inc. served on 7/30/2021, answer due 8/20/2021. Service was accepted by Julia Liriano. Document filed by Jacqueline Alvarez; Angelina Almonte..(Mulholland, Colin) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Restaurant 101 Inc...(pc) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Cirilo Moronta..(pc) (Main Document 9 replaced on 7/22/2021) (pc). |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Andres Moronta..(pc) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Restaurant 101, Inc., re: #3 Complaint. Document filed by Angelina Almonte, Jacqueline Alvarez..(Mulholland, Colin) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Cirilo Moronta, re: #3 Complaint. Document filed by Angelina Almonte, Jacqueline Alvarez..(Mulholland, Colin) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Andres Moronta, re: #3 Complaint. Document filed by Angelina Almonte, Jacqueline Alvarez..(Mulholland, Colin) |
| Filing 4 CIVIL COVER SHEET filed..(Mulholland, Colin) |
| Filing 3 COMPLAINT against Andres Moronta, Cirilo Moronta, Restaurant 101 Inc.. Document filed by Jacqueline Alvarez, Angelina Almonte..(Mulholland, Colin) |
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Filing 2
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Sarah L Cave. (Signed by Judge Paul A. Engelmayer on 7/19/2021) (va)
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Colin James Mulholland to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): not all the filer/filers were selected for the pleading. 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. (vf) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Colin James Mulholland. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (vf) |
| ***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Colin James Mulholland. The following party/parties has been removed from this case: Angelina Moronta. The party was added to the case in error. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Colin James Mulholland. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:1938 Fair Labor Standards Act. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:201 Fair Labor Standards Act. (vf) |
| Case Designated ECF. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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 Sarah L. Cave 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) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - COMPLAINT against Andres Moronta, Cirilo Moronta, Restaurant 101 Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24807028)Document filed by Jacqueline Alvarez..(Mulholland, Colin) Modified on 7/19/2021 (vf). |
| ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Angelina Almonte added. Party added pursuant to #1 Complaint.Document filed by Angelina Almonte. Related document: #1 Complaint..(Mulholland, Colin) |
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