Cano et al v. Alice Dry Cleaners Corp. et al
| Javier Cano |
| Dong Hyun Park, Alice Dry Cleaners Corp. doing business as Alice Dry Cleaners, Yngwen Kang and Rafeal |
| 1:2021cv06461 |
| July 29, 2021 |
| US District Court for the Southern District of New York |
| Andrew L Carter |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 10, 2021. A more recent docket listing may be available from PACER.
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| FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 10/26/2021 at 10:00 AM in telephone or video conference. (sb) |
| Filing 23 AMENDED ANSWER to #1 Complaint. Document filed by Alice Dry Cleaners Corp., Yngwen Kang, Dong Hyun Park..(Grossman, Andrew) |
Filing 22
ORDER: granting #21 Letter Motion for Leave to File Document. Because all parties consent to Defendants amending the answer to add Defendant Dong Hyun Park, whose name was inadvertently left off the initial answer to the Complaint, the request for leave to file an amended answer is GRANTED. The Clerk of Court is directed to terminate the letter motion at ECF No. 21. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 9/09/2021) (ama)
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| Filing 21 LETTER MOTION for Leave to File Amended Answer addressed to Judge Andrew L. Carter, Jr. from Andrew D. Grossman, Esq. dated September 7, 2021. Document filed by Alice Dry Cleaners Corp., Yngwen Kang, Dong Hyun Park..(Grossman, Andrew) |
| Filing 20 AMENDED ANSWER to. Document filed by Alice Dry Cleaners Corp., Yngwen Kang, Dong Hyun Park. (Attachments: #1 Supplement).(Grossman, Andrew) |
| Filing 19 CLERK'S CERTIFICATE OF DEFAULT as to Dong Hyun Park aka Rafael, issued September 7, 2021.(dt) |
| Filing 18 LETTER addressed to Judge Andrew L. Carter, Jr. from Catalina Sojo, Esq. dated 9/7/2021 re: Moving for Default. Document filed by Javier Cano(individually), Javier Cano(on behalf of others similarly situated)..(Faillace, Michael) |
| Filing 17 DECLARATION of Michael Faillace in Support re: #16 Proposed Clerk's Certificate of Default,. Document filed by Javier Cano(individually), Javier Cano(on behalf of others similarly situated)..(Faillace, Michael) |
| Filing 16 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Javier Cano(individually), Javier Cano(on behalf of others similarly situated)..(Faillace, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 9/7/2021 (dt). |
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Filing 15
ORDER TO SHOW CAUSE: Accordingly, Plaintiff is hereby ORDERED TO SHOW CAUSE why this action, as to Dong Hyun Park, should not be dismissed without prejudice for failure to prosecute, pursuant to Fed. R. Civ. P. 41(b), for failure to move for default judgment. See LeSane v. Hall's Sec. Analyst, Inc., 239 F.3d 206, 209 (2d Cir. 2001) ("[I]t is unquestioned that Rule 41(b) also gives the district court authority to dismiss a plaintiff's case sua sponte for failure to prosecute..."). Such showing should be made by filing a written response to this Order no later than Sept. 17, 2021, and emailing a courtesy copy of such response to Chambers. Any failure by Plaintiff to make this showing will result in a dismissal of the case as to Defendant Dong Hyun Park without prejudice for failure to prosecute pursuant to Fed. R. Civ. P. 41(b). SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 9/3/2021) (rj)
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| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 9/30/2021.(ah) |
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Filing 14
MEDIATION REFERRAL ORDER FOR CASES FILED UNDER THE FAIR LABOR STANDARDS ACT 29 U.S.C. Sec. 201 et seq. This case, involving claims under the Fair Labor Standards Act (FLSA), 29 U.S.C. Sec. 201 et seq., has been assigned to this Court for all purposes. In the Courts experience, cases involving FLSA claims often benefit from early mediation. To that end, prior to a Rule 16(b) case management conference the Court is referring this case to the Mediation Office for settlement purposes under Local Civil Rule 83.9. To facilitate mediation the parties shall, within four weeks of this Order, confer and provide the items set forth in this Order. Mediator to be Assigned by 9/9/2021. (Signed by Judge Andrew L. Carter, Jr on 12/10/2019) (jpt)
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| Filing 13 ANSWER to #1 Complaint. Document filed by Alice Dry Cleaners Corp., Yngwen Kang..(Grossman, Andrew) |
| Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint. Yngwen Kang served on 8/3/2021, answer due 8/24/2021. Service was accepted by Dong Hyun Park, a defendant. Document filed by Javier Cano(individually); Javier Cano(on behalf of others similarly situated)..(Faillace, Michael) |
| Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint. Dong Hyun Park served on 8/3/2021, answer due 8/24/2021. Service was accepted by Defendant, himself. Document filed by Javier Cano(individually); Javier Cano(on behalf of others similarly situated)..(Faillace, Michael) |
| Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint. Alice Dry Cleaners Corp. served on 8/3/2021, answer due 8/24/2021. Service was accepted by Nancy Dougherty, an authorized agent. Document filed by Javier Cano(individually); Javier Cano(on behalf of others similarly situated)..(Faillace, Michael) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Yngwen Kang. (vf) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Dong Hyun Park. (vf) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Alice Dry Cleaners Corp. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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 James L. Cott 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 6 NOTICE OF APPEARANCE by Catalina Sojo on behalf of Javier Cano(individually), Javier Cano(on behalf of others similarly situated)..(Sojo, Catalina) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Yngwen Kang, re: #1 Complaint. Document filed by Javier Cano(individually), Javier Cano(on behalf of others similarly situated)..(Faillace, Michael) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Dong Hyun Park aka Rafael, re: #1 Complaint. Document filed by Javier Cano(individually), Javier Cano(on behalf of others similarly situated)..(Faillace, Michael) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Alice Dry Cleaners Corp., re: #1 Complaint. Document filed by Javier Cano(individually), Javier Cano(on behalf of others similarly situated)..(Faillace, Michael) |
| Filing 2 CIVIL COVER SHEET filed..(Faillace, Michael) |
| Filing 1 COMPLAINT against Alice Dry Cleaners Corp., Yngwen Kang, Dong Hyun Park. (Filing Fee $ 402.00, Receipt Number ANYSDC-24863833)Document filed by Javier Cano(individually), Javier Cano(on behalf of others similarly situated)..(Faillace, Michael) |
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