Nicolas Marciale v. Two Marias Pizza Inc. et al
| Celso Nicolas Marciale |
| Two Marias Pizza Inc., 51 Columbia Pizza Inc., Maria Morillo, Leobardo Maria and Eric Doe |
| 1:2021cv10964 |
| December 21, 2021 |
| US District Court for the Southern District of New York |
| John P Cronan |
| Labor: Fair Standards |
| Plaintiff |
Docket Report
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Filing 30
ORDER granting #29 Letter Motion for Extension of Time to File. Plaintiff's request is granted. Plaintiff shall file a letter by March 4, 2022 advising the Court regarding the status of this case. The February 25, 2022 deadline for Plaintiff to move for default judgment against Defendants and the April 26, 2022 hearing, Dkt. 16, is adjourned sine die. In the event that the parties wish to be referred to the Court-annexed mediation program, Defendants must first appear in this case and the parties should make a joint request for the referral. SO ORDERED.. (Signed by Judge John P. Cronan on 2/17/2022) (jca)
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| Filing 29 FIRST LETTER MOTION for Extension of Time to File Default Motion addressed to Judge John P. Cronan from Colin Mulholland, Esq. dated February 17th, 2022. Document filed by Celso Nicolas Marciale..(Mulholland, Colin) |
| Filing 28 CLERK'S CERTIFICATE OF DEFAULT as to Two Maria Pizza Inc.(km) |
| Filing 27 CLERK'S CERTIFICATE OF DEFAULT as to 51 Columbia Pizza Inc.(km) |
| Filing 26 CLERK'S CERTIFICATE OF DEFAULT as to Maria Morillo.(km) |
| Filing 25 CLERK'S CERTIFICATE OF DEFAULT as to Leobardo Maria.(km) |
| Filing 24 AFFIRMATION of Colin Mulholland, Esq. in Support. Document filed by Celso Nicolas Marciale. (Attachments: #1 Text of Proposed Order Request for Certificate of Default).(Mulholland, Colin) |
| Filing 23 FILING ERROR - DUPLICATE DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Celso Nicolas Marciale..(Mulholland, Colin) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 2/17/2022 (km). |
| Filing 22 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Celso Nicolas Marciale..(Mulholland, Colin) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 2/17/2022 (km). |
| Filing 21 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Celso Nicolas Marciale..(Mulholland, Colin) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 2/17/2022 (km). |
| Filing 20 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Celso Nicolas Marciale..(Mulholland, Colin) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 2/17/2022 (km). |
| Filing 19 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Celso Nicolas Marciale..(Mulholland, Colin) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 2/17/2022 (km). |
| ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. #23 HAS BEEN REJECTED. THIS IS A DUPLICATED DOCUMENT. Note to Attorney Colin Mulholland : This is a Duplicate Document. Do Not Re-File. (km) |
| Filing 18 STATUS REPORT. Re: Potential Default Document filed by Celso Nicolas Marciale..(Mulholland, Colin) |
| Filing 17 CERTIFICATE OF SERVICE of Court Order of Feb. 4th, 2022 served on Maria Morillo, Leobardo Maria and Two Maria's Pizza, Columbia Pizza on 2/8/21. Service was made by MAIL (Fed Ex Priority Overnight). Document filed by Celso Nicolas Marciale..(Mulholland, Colin) |
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Filing 16
ORDER: It is hereby ORDERED that no later than February 25, 2022, Plaintiff shall move for default judgment as to Defendants, in accordance with Local Civil Rule 55.2 and 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. Defendants shall file any opposition to the motion for default judgment no later than March 18, 2022. Plaintiff shall file any reply no later than March 25, 2022. It is further ORDERED that Defendants appear and show cause at a hearing before this Court on April 26, 2022, 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. 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. (And as further set forth herein) SO ORDERED. (Motions due by 2/25/2022., Responses due by 3/18/2022, Replies due by 3/25/2022., Telephone Conference set for 4/26/2022 at 10:00 AM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 2/4/2022) (jca)
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| Filing 15 SUMMONS RETURNED EXECUTED Summons and Complaint served. 51 Columbia Pizza Inc. served on 1/6/2022, answer due 1/27/2022. Service was accepted by Maria Morillo. Service was made by MAIL. Document filed by Celso Nicolas Marciale..(Mulholland, Colin) |
| Filing 14 SUMMONS RETURNED EXECUTED Summons and Complaint served. Two Marias Pizza Inc. served on 1/6/2022, answer due 1/27/2022. Service was accepted by Maria Morillo. Service was made by Mail. Document filed by Celso Nicolas Marciale..(Mulholland, Colin) |
| Filing 13 SUMMONS RETURNED EXECUTED Summons and Complaint served. Maria Morillo served on 1/6/2022, answer due 1/27/2022. Service was accepted by Maria Morillo. Document filed by Celso Nicolas Marciale..(Mulholland, Colin) |
| Filing 12 SUMMONS RETURNED EXECUTED Summons and Complaint served. Leobardo Maria served on 1/6/2022, answer due 1/27/2022. Service was accepted by Maria Morillo. Service was made by MAIL. Document filed by Celso Nicolas Marciale..(Mulholland, Colin) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Two Marias Pizza Inc...(jgo) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Maria Morillo..(jgo) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Leobardo Maria..(jgo) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to 51 Columbia Pizza Inc...(jgo) |
| Filing 7 FILING ERROR - DUPLICATE DOCKET ENTRY - REQUEST FOR ISSUANCE OF SUMMONS as to 51 Columbia Pizza Inc., re: #1 Complaint. Document filed by Celso Nicolas Marciale..(Mulholland, Colin) Modified on 12/28/2021 (jgo). |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Two Marias Pizza Inc., re: #1 Complaint. Document filed by Celso Nicolas Marciale..(Mulholland, Colin) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Maria Morillo, re: #1 Complaint. Document filed by Celso Nicolas Marciale..(Mulholland, Colin) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Leobardo Maria, re: #1 Complaint. Document filed by Celso Nicolas Marciale..(Mulholland, Colin) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to 51 COLUMBIA PIZZA INC, re: #1 Complaint. Document filed by Celso Nicolas Marciale..(Mulholland, Colin) |
| 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..(gp) |
| Magistrate Judge Gabriel W. Gorenstein 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. (gp) |
| Case Designated ECF. (gp) |
| Filing 2 CIVIL COVER SHEET filed..(Mulholland, Colin) |
| Filing 1 COMPLAINT against 51 Columbia Pizza Inc., Eric Doe, Leobardo Maria, Maria Morillo, Two Marias Pizza Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25500257)Document filed by Celso Nicolas Marciale..(Mulholland, Colin) |
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