Perez v. Sophie's Cuban Cuisine Inc. et al
| Juvencio Vidal Perez |
| Sophie's Cuban Cuisine Inc., Everything Cuban LLC, MM Restaurant Enterprises LLC, Sophie's Cuban Cuisine Franchising, Inc., John Doe Corporations 1-8, Sofia Luna, Manuela Matos, Patricia Luna, Sophie's Cuban Cuisine Inc. doing business as Sophie's Cuban, MM Restaurant Enterprises LLC doing business as Sophie's Cuban, John Doe Corporations 1-8 doing business as Sophie's Cuban and 401 East 68th Street Holding LLC doing business as Sophie's Cuban |
| 1:2022cv01533 |
| February 24, 2022 |
| US District Court for the Southern District of New York |
| Barbara C Moses |
| Gregory H Woods |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Both |
Docket Report
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This docket was last retrieved on May 22, 2023. A more recent docket listing may be available from PACER.
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Filing 86
RULE 68 JUDGMENT: It is ORDERED, ADJUDGED, AND DECREED, that judgment is entered in favor of Plaintiff JUVENCIO VIDAL PEREZ, in the sum of $100,000.00, in accordance with the terms and conditions of Defendants' Rule 68 Offer of Judgment dated May 17, 2023 and filed as Exhibit A to Docket Number 84. The Clerk of Court is respectfully directed to close this case. SO ORDERED. (Signed by Judge Gregory H. Woods on 5/22/2023) (rro)
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Case Stay Lifted. (rro)
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Filing 85
PROPOSED JUDGMENT. Re: Document No. #84 Notice of Acceptance with Offer of Judgment. Document filed by Juvencio Vidal Perez..(Lee, C.K.) Proposed Judgment to be reviewed by Clerk's Office staff.
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Filing 84
NOTICE OF ACCEPTANCE WITH OFFER OF JUDGMENT . Document filed by Juvencio Vidal Perez. (Attachments: #1 Exhibit A Offer of Judgment).(Lee, C.K.)
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***NOTICE TO COURT REGARDING NOTICE OF ACCEPTANCE WITH OFFER OF JUDGMENT. Document No. #84 Notice of Acceptance with Offer of Judgment was reviewed and approved as to form. (tp)
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***NOTICE TO COURT REGARDING PROPOSED JUDGMENT. Document No. #85 Proposed Judgment was reviewed and approved as to form. (tp)
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Filing 83
MEMO ENDORSEMENT on re: #82 JOINT LETTER MOTION to Stay and extend the parties' time to file a further status letter addressed to Magistrate Judge Barbara C. Moses dated 4/10/2023. filed by 401 East 68th Street Holding LLC, MM Restaurant Enterprises LLC, Sofia Luna, Patricia Luna, Manuela Matos. ENDORSEMENT: Application GRANTED. The parties shall advise the Court by letter, no later than May 31, 2023, of the outcome of the mediation. The Court is unlikely to grant an extension of the stay beyond that date. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 4/12/2023) (rro)
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***DELETED DOCUMENT. Deleted document number #83 Order. The document was incorrectly filed in this case. (ks)
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Case Stayed (ks)
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Case Stay Lifted. (ks)
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Filing 82
JOINT LETTER MOTION to Stay and extend the parties' time to file a further status letter addressed to Magistrate Judge Barbara C. Moses dated 4/10/2023. Document filed by 401 East 68th Street Holding LLC, Patricia Luna, Sofia Luna, MM Restaurant Enterprises LLC, Manuela Matos..(Steer, Richard)
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Filing 81
ORDER granting #80 Letter Motion to Continue. Application GRANTED. The parties shall advise the Court by letter, no later than May 4, 2023, of the outcome of the mediation. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 3/15/2023) (rro)
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Filing 80
JOINT LETTER MOTION to Continue the Stay originally granted by the Court on December 23, 2022 and extended by the Order (DKT No. 79) addressed to Magistrate Judge Barbara C. Moses from Tara Toevs Carolan dated March 13, 2023. Document filed by 401 East 68th Street Holding LLC, Everything Cuban LLC, John Doe Corporations 1-8, Patricia Luna, Sofia Luna, MM Restaurant Enterprises LLC, Manuela Matos..(Carolan, Tara)
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Filing 79
ORDER granting #78 Letter Motion for Extension of Time. Application GRANTED. The parties shall advise the Court by letter, no later than March 13, 2023, of the outcome of the mediation. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 1/30/2023) (rro)
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Filing 78
JOINT LETTER MOTION for Extension of Time of Stay of Case addressed to Magistrate Judge Barbara C. Moses from C.K Lee dated 1/27/23. Document filed by Juvencio Vidal Perez..(Lee, C.K.)
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Filing 77
LETTER addressed to Magistrate Judge Barbara C. Moses dated 1/12/2023 re: date set for private mediation. Document filed by 401 East 68th Street Holding LLC, Patricia Luna, Sofia Luna, MM Restaurant Enterprises LLC, Manuela Matos..(Steer, Richard)
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Filing 76
ORDER granting #75 Letter Motion to Stay re: #75 JOINT LETTER MOTION to Stay All Proceedings Pending Mediation addressed to Magistrate Judge Barbara C. Moses from C.K. Lee dated December 23, 2022. Application GRANTED. This action is STAYED pending further order of the Court, provided, however, that the parties must confirm, in writing, no later than January 16, 2023, the date set for their private mediation. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 12/23/2022) (rro)
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Filing 75
JOINT LETTER MOTION to Stay All Proceedings Pending Mediation addressed to Magistrate Judge Barbara C. Moses from C.K. Lee dated December 23, 2022. Document filed by Juvencio Vidal Perez..(Lee, C.K.)
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Set/Reset Hearings: Discovery Hearing set for 1/23/2023 at 10:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses. (rro)
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Filing 74
ORDER granting #73 Letter Motion for Extension of Time to Answer re #73 LETTER MOTION for Extension of Time to File Answer addressed to Magistrate Judge Barbara C. Moses dated 12/14/2022., #66 Amended Complaint. Application GRANTED. The deadline for responding to the Second Amended Complaint is hereby EXTENDED to January 19, 2023. No further extension of this deadline will be granted. Further, the Court will hold a discovery conference on January 23, 2023, at 10:00 a.m. in Courtroom 20A of the Daniel Patrick Moynihan United States Courthouse. Prior to the conference, and no later than January 18, 2023, the parties shall submit a joint letter updating the Court as to which of the issues addressed in their letters at Dkts. 67 and 70 remain in dispute. If all such issues have been resolved, the parties shall so inform the Court and the conference will be taken off calendar. SO ORDERED. 401 East 68th Street Holding LLC answer due 1/23/2023; Patricia Luna answer due 1/23/2023; Sofia Luna answer due 1/23/2023; MM Restaurant Enterprises LLC answer due 1/23/2023; Manuela Matos answer due 1/23/2023. (Signed by Magistrate Judge Barbara C. Moses on 12/15/2022) (rro)
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Filing 73
LETTER MOTION for Extension of Time to File Answer addressed to Magistrate Judge Barbara C. Moses dated 12/14/2022. Document filed by 401 East 68th Street Holding LLC, Patricia Luna, Sofia Luna, MM Restaurant Enterprises LLC, Manuela Matos..(Steer, Richard)
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Filing 72
ORDER granting #71 Letter Motion for Extension of Time. Application GRANTED. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 11/23/2022) (jca)
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Set/Reset Deadlines: 401 East 68th Street Holding LLC answer due 12/19/2022; Patricia Luna answer due 12/19/2022; Sofia Luna answer due 12/19/2022; MM Restaurant Enterprises LLC answer due 12/19/2022; Manuela Matos answer due 12/19/2022; Sophie's Cuban Cuisine Inc. answer due 12/19/2022. (jca)
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Filing 71
LETTER MOTION for Extension of Time to respond to plaintiff's second amended complaint addressed to Magistrate Judge Barbara C. Moses from Richard L. Steer dated November 22, 2022. Document filed by 401 East 68th Street Holding LLC, Everything Cuban LLC, Patricia Luna, Sofia Luna, MM Restaurant Enterprises LLC, Manuela Matos..(Steer, Richard)
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Filing 70
LETTER RESPONSE to Motion addressed to Magistrate Judge Barbara C. Moses from Richard L. Steer dated November 15, 2022 re: #67 LETTER MOTION for Local Rule 37.2 Conference re: Discovery Dispute addressed to Magistrate Judge Barbara C. Moses from Robert Kansao dated November 10, 2022. Opposition Letter Motion to doc. 67. Document filed by 401 East 68th Street Holding LLC, Everything Cuban LLC, Patricia Luna, Sofia Luna, MM Restaurant Enterprises LLC, Manuela Matos..(Steer, Richard)
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Filing 69
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge Barbara C. Moses on 11/15/2022) (rro)
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Filing 68
PROPOSED PROTECTIVE ORDER. Document filed by 401 East 68th Street Holding LLC, Everything Cuban LLC, Patricia Luna, Sofia Luna, MM Restaurant Enterprises LLC, Manuela Matos..(Steer, Richard)
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Filing 67
LETTER MOTION for Local Rule 37.2 Conference re: Discovery Dispute addressed to Magistrate Judge Barbara C. Moses from Robert Kansao dated November 10, 2022. Document filed by Juvencio Vidal Perez. (Attachments: #1 Exhibit A, #2 Exhibit B).(Kansao, Robert)
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Filing 66
SECOND AMENDED COMPLAINT amending #38 Amended Complaint,, against 401 East 68th Street Holding LLC, John Doe Corporations 1-8, Patricia Luna, Sofia Luna, MM Restaurant Enterprises LLC, Manuela Matos with JURY DEMAND.Document filed by Juvencio Vidal Perez. Related document: #38 Amended Complaint,,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M).(Lee, C.K.)
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Filing 65
ORDER: For the reasons discussed during today's conference, it is hereby ORDERED that: 1. Amendment. No later than November 10, 2022, plaintiff shall file his Second Amended Complaint. No later than November 23, 2022, defendants shall inform plaintiff and the Court, by letter, whether they intend to answer or move against the Second Amended Complaint. No later than December 1, 2022, defendants shall file their answer or motion. 2. Plaintiff's Discovery Responses. No later than November 3, 2022, plaintiff shall serve defendants with his amended responses to defendants' pending written discovery requests. 3. Defendant's Discovery Responses. During the conference, the Court provided guidance concerning the appropriate scope of written discovery by plaintiff at this stage of the case (that is, prior to the filing of the Second Amended Complaint, the resolution of any pleading challenges, or the determination of any class or collective certification motion). The parties shall promptly meet and confer in order to apply that guidance to plaintiff's pending written discovery requests, after which defendants shall promptly produce the documents and information to which plaintiff is entitled. 4. Sampling. In addition to providing general guidance, the Court authorized plaintiff to conduct limited "sampling" discovery, on an anonymized basis, consisting of one month of time and pay records (within the six-year NYLL statute of limitations) for up to eight non-exempt employees, including up to two employees selected from each of the four "Sophie's" locations at issue in this action. No later than November 3, 2022, defendants shall provide plaintiff, in writing, with the information required to select the desired records, e.g., a listing of the types or categories of non-exempt workers (dishwasher, cashier, delivery driver, etc.) employed at each "Sophie's" location during the relevant period. No later than November 4, 2022, plaintiff shall inform defendants, in writing, which sample records he has selected. No later than November 17, 2022, defendants shall produce the requested records, from which the on-party workers' names, addresses, and social security numbers shall be redacted. SO ORDERED. (Amended Pleadings due by 11/10/2022. Motions due by 12/1/2022.) (Signed by Magistrate Judge Barbara C. Moses on 10/27/2022) (mml)
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Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Status Conference held on 10/27/2022. (tk)
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Filing 64
LETTER REPLY to Response to Motion addressed to Magistrate Judge Barbara C. Moses from C.K. Lee dated October 24, 2022 re: #60 LETTER MOTION for Local Rule 37.2 Conference regarding discovery disputes addressed to Magistrate Judge Barbara C. Moses from Robert A. Kansao, Esq. dated 10/17/2022. . Document filed by Juvencio Vidal Perez. (Attachments: #1 Exhibit A - Plaintiff's Responses, #2 Exhibit B - Defendant 401 East Responses).(Lee, C.K.)
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Filing 63
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Barbara C. Moses dated 10/20/2022 re: #60 LETTER MOTION for Local Rule 37.2 Conference regarding discovery disputes addressed to Magistrate Judge Barbara C. Moses from Robert A. Kansao, Esq. dated 10/17/2022. . Document filed by 401 East 68th Street Holding LLC, Everything Cuban LLC, Patricia Luna, Sofia Luna, MM Restaurant Enterprises LLC, Manuela Matos, Sophie's Cuban Cuisine Franchising, Inc., Sophie's Cuban Cuisine Inc...(Steer, Richard)
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Filing 62
SCHEDULING ORDER granting #58 Letter Motion for Conference re: #58 LETTER MOTION for Conference Pre-Motion Conference addressed to Magistrate Judge Barbara C. Moses from Richard L. Steer dated October 10, 2022., #60 LETTER MOTION for Local Rule 37.2 Conference regarding discovery disputes addressed to Magistrate Judge Barbara C. Moses from Robert A. Kansao, Esq. dated 10/17/2022. ; granting #60 Letter Motion for Local Rule 37.2 Conference The above-referenced action has been referred to me for general pretrial management and dispositive motions. (Dkt. 43.) I have received and reviewed defendants' letter-motion seeking a pre-motion conference on an anticipated motion to dismiss (Dkt. 58), which was properly addressed to me; plaintiff's responding letter (Dkt. 59); and plaintiff's letter-motion seeking a discovery conference (Dkt. 60), to which defendants have not yet responded. The Court will hold a conference on October 27, 2022 at 10:00 a.m. in Courtroom 20A of the Daniel Patrick Moynihan United States Courthouse. Plaintiff's response to defendants' discovery letter-motion is due October 20, 2022. See Moses Ind. Prac. 2(e). Any reply is due October 24, 2022. Id. With regard to the anticipated motion to dismiss, plaintiff should be prepared to advise the Court at the conference whether, having been presented with a detailed preview of the motion, he wishes to further amend the complaint now. Once defendants have filed a formal motion, plaintiff will likewise be required to move for leave to further amend, should he wish to do so at that point. With regard to the discovery dispute, the parties should be prepared to present their positions at the conference. The Court rarely deems formal motion practice necessary to resolve discovery disputes. The parties are reminded that courtesy copies of letters and letter-motions filed via ECF are required if the filing contains multiple or voluminous attachments. Moses Ind. Prac. 1(d). Courtesy copies should be delivered promptly, should bear the ECF header generated at the time of electronic filing, and should include tabs for the attachments. This Order disposes of the letter-motions at Dkts. 58 and 60. ( Status Conference set for 10/27/2022 at 10:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.). (Signed by Magistrate Judge Barbara C. Moses on 10/20/2022) (rro)
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Set/Reset Deadlines: Responses due by 10/20/2022 Replies due by 10/24/2022. (rro)
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Filing 61
MEMO ENDORSEMENT on re: #59 Response in Opposition to Motion, filed by Juvencio Vidal Perez. ENDORSEMENT On September 19, 2022, the Court referred this action to a United States magistrate judge for general pretrial and for dispositive motions. Dkt. No. 43. Because Defendants' proposed motion to dismiss is a dispositive motion and dispositive motions have been referred to the magistrate judge, Defendants properly directed their request for a pre-motion conference to discuss the anticipated motion to Judge Moses. See Dkt. No. 58. SO ORDERED. (Signed by Judge Gregory H. Woods on 10/18/2022) (jca)
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Filing 60
LETTER MOTION for Local Rule 37.2 Conference regarding discovery disputes addressed to Magistrate Judge Barbara C. Moses from Robert A. Kansao, Esq. dated 10/17/2022. Document filed by Juvencio Vidal Perez. (Attachments: #1 Exhibit A - Defendants' Responses to First Document Requests).(Kansao, Robert)
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Filing 59
LETTER RESPONSE in Opposition to Motion addressed to Judge Gregory H. Woods from C.K. Lee, Esq. dated 10/17/2022 re: #58 LETTER MOTION for Conference Pre-Motion Conference addressed to Magistrate Judge Barbara C. Moses from Richard L. Steer dated October 10, 2022. . Document filed by Juvencio Vidal Perez..(Lee, C.K.)
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Filing 58
LETTER MOTION for Conference Pre-Motion Conference addressed to Magistrate Judge Barbara C. Moses from Richard L. Steer dated October 10, 2022. Document filed by Patricia Luna, Sofia Luna, MM Restaurant Enterprises LLC, Manuela Matos, Sophie's Cuban Cuisine Inc...(Steer, Richard)
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Filing 57
ANSWER to #38 Amended Complaint,,. Document filed by 401 East 68th Street Holding LLC..(Steer, Richard)
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Filing 56
DECLARATION of C.K. Lee in Support re: #39 MOTION to Certify Class (Conditional Collective Certification).. Document filed by Juvencio Vidal Perez. (Attachments: #1 Exhibit N, #2 Exhibit O).(Lee, C.K.)
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Filing 55
REPLY MEMORANDUM OF LAW in Support re: #39 MOTION to Certify Class (Conditional Collective Certification). . Document filed by Juvencio Vidal Perez..(Lee, C.K.)
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Filing 54
ORDER granting #53 Letter Motion for Leave to File Excess Pages. Application GRANTED. Plaintiff's reply memorandum page limit is EXTENDED to 13 pages. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 10/7/2022) (rro)
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Filing 53
LETTER MOTION for Leave to File Excess Pages re: Plaintiff's Reply Memorandum in Support of Conditional Collective Certification addressed to Judge Gregory H. Woods from C.K. Lee dated October 6, 2022. Document filed by Juvencio Vidal Perez..(Lee, C.K.)
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Filing 52
MEMORANDUM OF LAW in Opposition re: #39 MOTION to Certify Class (Conditional Collective Certification). . Document filed by 401 East 68th Street Holding LLC, Patricia Luna, Sofia Luna, MM Restaurant Enterprises LLC, Manuela Matos, Sophie's Cuban Cuisine Inc...(Carolan, Tara)
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Filing 51
DECLARATION of Richard L. Steer in Opposition re: #39 MOTION to Certify Class (Conditional Collective Certification).. Document filed by 401 East 68th Street Holding LLC, Patricia Luna, Sofia Luna, MM Restaurant Enterprises LLC, Manuela Matos, Sophie's Cuban Cuisine Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Carolan, Tara)
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Filing 50
NOTICE OF APPEARANCE by Ingrid Julieth Cardona on behalf of 401 East 68th Street Holding LLC..(Cardona, Ingrid)
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Filing 49
NOTICE OF APPEARANCE by Tara Toevs Carolan on behalf of 401 East 68th Street Holding LLC..(Carolan, Tara)
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Filing 48
ORDER granting #46 Letter Motion for Extension of Time to File Response/Reply re #46 LETTER MOTION for Extension of Time to File Response/Reply addressed to Magistrate Judge Barbara C. Moses dated 9/23/2022. Application GRANTED. Defendants' opposition deadline is EXTENDED to September 30, 2022. Plaintiff's reply deadline is EXTENDED to October 7, 2022. SO ORDERED. Responses due by 9/30/2022 Replies due by 10/7/2022.. (Signed by Magistrate Judge Barbara C. Moses on 9/23/2022) (rro)
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Filing 47
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 401 East 68th Street Holding LLC..(Steer, Richard)
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Filing 46
LETTER MOTION for Extension of Time to File Response/Reply addressed to Magistrate Judge Barbara C. Moses dated 9/23/2022. Document filed by 401 East 68th Street Holding LLC, Patricia Luna, Sofia Luna, MM Restaurant Enterprises LLC, Manuela Matos, Sophie's Cuban Cuisine Inc...(Steer, Richard)
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Filing 45
STIPULATED ORDER TO FILE FIRST AMENDED COMPLAINT: IT IS HEREBY STIPULATED AND AGREED by and between the Plaintiff and SOPHIE'S CUBAN CUISINE INC., EVERYTHING CUBAN LLC, MM RESTAURANT ENTERPRISES LLC, SOPHIE'S CUBAN CUISINE FRANCHISING, INC., SOFIA LUNA, MANUELA MATOS, and PATRICIA LUNA ("Defendants"), in the above captioned action, acting by means of their respective counsel, that Defendants consent to the filing of the First Amended Complaint attached hereto as Exhibit A and that Defendants shall have until October 10, 2022, to answer, move or otherwise respond with respect to the First Amended Complaint. IT IS STIPULATED AND AGREED that the new, unserved Defendant 401 EAST 68th STREET HOLDING LLC, agrees to waive all defenses to invalid service of process and accepts service of the attached First Amended Complaint by filing with the Cou11. IT IS STIPULATED AND AGREED that by entering into this Stipulation, Defendants do not waive their rights under Fed. R. Civ. P. 11 including, but not limited to, Plaintiffs lack of evidentiary support for the factual allegations in the Amended Complaint; to challenge the claims or the sufficiency of the claims in or to raise any defense with respect to any allegations in the Amended Complaint; and do not admit any liability. IT IS FURTHER STIPULATED AND AGREED, by and between the parties that this Stipulation may be signed by facsimile or electronic copy which shall be deemed an original~ and may be executed in one or more counterparts, but which collectively will constitute one and the same instrument. SO ORDERED. Everything Cuban LLC answer due 10/10/2022; Patricia Luna answer due 10/10/2022; Sofia Luna answer due 10/10/2022; MM Restaurant Enterprises LLC answer due 10/10/2022; Manuela Matos answer due 10/10/2022; Sophie's Cuban Cuisine Franchising, Inc. answer due 10/10/2022; Sophie's Cuban Cuisine Inc. answer due 10/10/2022. (Signed by Magistrate Judge Barbara C. Moses on 9/22/2022) (rro)
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Filing 44
ORDER REGARDING GENERAL PRETRIAL MANAGEMENT: The above-referenced action has been referred to Magistrate Judge Barbara Moses for general pretrial management, including scheduling, discovery, non-dispositive pretrial motions, and settlement, and for report and recommendation on dispositive motions, if any, pursuant to 28 U.S.C. 636(b)(1)(A) and (B). All pretrial motions and applications, including those related to scheduling and discovery, must be made to Judge Moses and in compliance with this Court's Individual Practices in Civil Cases, available on the Court's website at https://nysd.uscourts.gov/hon-barbara-moses. The Court notes that a motion for conditional collective certification is pending. (Dkt. 39.) In accordance with Local Civ. R. 6.1(b), defendants' opposition papers are due September 23, 2022. Any reply is due September 26, 2022. If the parties have stipulated to a different briefing schedule, they shall so advise the Court by letter filed on ECF. Going forward, parties and counsel are cautioned: All discovery must be initiated in time to be concluded by the close of discovery set by the Court. Court conferences and hearings may be conducted by teleconference, videoconference, or in person. Teleconferences are held on the Court's AT&T line. If a teleconference is scheduled, the parties are directed to call (888) 557-8511 and enter the access code 7746387 a few minutes before the scheduled time and further set forth in this Order. ( Responses due by 9/23/2022, Replies due by 9/26/2022.) (Signed by Magistrate Judge Barbara C. Moses on 9/22/2022) (rro)
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Filing 43
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) and Dispositive Motion (i.e., motion requiring a Report and Recommendation) and all such motions. Referred to Magistrate Judge Barbara C. Moses. (Signed by Judge Gregory H. Woods on 9/19/2022) (rro)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney C.K. Lee. The party information for the following party/parties has been modified: all defendants. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted. (gp)
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Filing 42
DECLARATION of Juvencio Vida Perez in Support re: #39 MOTION to Certify Class (Conditional Collective Certification).. Document filed by Juvencio Vidal Perez..(Lee, C.K.)
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Filing 41
DECLARATION of C.K. Lee in Support re: #39 MOTION to Certify Class (Conditional Collective Certification).. Document filed by Juvencio Vidal Perez. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M).(Lee, C.K.)
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Filing 40
MEMORANDUM OF LAW in Support re: #39 MOTION to Certify Class (Conditional Collective Certification). . Document filed by Juvencio Vidal Perez..(Lee, C.K.)
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Filing 39
MOTION to Certify Class (Conditional Collective Certification). Document filed by Juvencio Vidal Perez. (Attachments: #1 Exhibit 1 - Proposed Order).(Lee, C.K.)
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Filing 38
FIRST AMENDED COMPLAINT amending #1 Complaint,, against John Doe Corporations 1-8, Patricia Luna, Sofia Luna, MM Restaurant Enterprises LLC, Manuela Matos, Sophie's Cuban Cuisine Inc., 401 East 68th Street Holding LLC with JURY DEMAND.Document filed by Juvencio Vidal Perez. Related document: #1 Complaint,,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L).(Lee, C.K.)
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Filing 37
PROPOSED STIPULATION AND ORDER. Document filed by Juvencio Vidal Perez..(Lee, C.K.)
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Filing 36
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). The parties have conferred pursuant to Fed. R. Civ. P. 26(f). Settlement discussions have taken place. Any motion to amend or to join additional parties shall be filed within 60 days from the date of this Order. Depositions pursuant to Fed. R. Civ. P. 30, 31 shall be completed by 7/24/2023. The parties expect that this case is to be tried to a jury. Motions due by 12/23/2023. Expert Deposition due by 7/24/2023. Fact Discovery due by 7/24/2023. Expert Discovery due by 7/24/2023. Estimate length of trial 3-5 days. Status Conference set for 8/7/2023 at 03:00 PM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 8/18/2022) (tg)
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Filing 35
ORDER. As stated on the record during the conference held on August 18, 2022, the deadline for Plaintiff to file and serve a motion for conditional certification of a collective is September 16, 2022. Defendants' opposition to the motion for conditional certification is due within two weeks after service of Plaintiff's motion. Plaintiff's reply, if any, is due within one week after service of Defendants' opposition. The deadline for Plaintiff to file and serve a motion for class certification is August 24, 2023. The deadline for Defendants to respond to Plaintiff's discovery requests which are pending as of August 18, 2022 is extended to September 30, 2022. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
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Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 8/18/2022. (Court Reporter present) (wv)
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Filing 34
NOTICE OF APPEARANCE by Robert A Kansao on behalf of Juvencio Vidal Perez..(Kansao, Robert)
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Filing 33
LETTER addressed to Judge Gregory H. Woods from CK Lee dated August 15, 2022 re: Parties Joint Letter Initial Conference Letter and Proposed CMPs. Document filed by Juvencio Vidal Perez. (Attachments: #1 Exhibit Exhibit A - Plaintiff's Proposed CMP, #2 Exhibit Exhibit B - Defendants' Proposed CMP).(Lee, C.K.)
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Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 8/12/2022. (Court Reporter present) (wv)
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Filing 32
ORDER. The initial pretrial conference scheduled for October 24, 2022 will be held on August 18, 2022 at 3:00 p.m. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. The joint status letter and proposed case management plan described in the Court's February 28, 2022 order are due no later than August 15, 2022. See Dkt. No. 18. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
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Filing 31
ORDER granting #30 Letter Motion for Local Rule 37.2 Conference. Application granted. The Court will hold a status conference with respect to this matter by telephone on August 12, 2022 at 1:00 p.m. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 30. SO ORDERED. Telephone Conference set for 8/12/2022 at 01:00 PM before Judge Gregory H. Woods.. (Signed by Judge Gregory H. Woods on 8/10/2022) (tg)
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Filing 30
JOINT LETTER MOTION for Local Rule 37.2 Conference RE: Parties' Discovery Dispute addressed to Judge Gregory H. Woods from CK Lee dated August 9, 2022. Document filed by Juvencio Vidal Perez. (Attachments: #1 Exhibit Exhibit A - Initial Discovery Requests).(Lee, C.K.)
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Filing 29
ANSWER to #1 Complaint,, with JURY DEMAND. Document filed by Everything Cuban LLC, Patricia Luna, Sofia Luna, MM Restaurant Enterprises LLC, Manuela Matos, Sophie's Cuban Cuisine Franchising, Inc., Sophie's Cuban Cuisine Inc...(Steer, Richard)
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Filing 28
ORDER. On March 18, 2022, counsel for Plaintiff submitted a letter "to accompany" a stipulation filed by the parties on March 10, 2022. Dkt. No. 27. This letter contains no clear request for the Court. It states that it accompanies the stipulation; it states that the Court has the authority to enter the stipulation; it states that the defendants have no objection to the Court so ordering the stipulation; and it says that it is not seeking the Court's consideration of the request for an amendment in the stipulation. It does not say what is requested of the Court. More significantly, to the extent that the request is that the Court so order the parties' remaining stipulation, it does not say why the Court's endorsement of the parties' agreement is necessary or appropriate. Any renewed application to the Court should state the nature of the request clearly and should state why the request is made. If counsel for Plaintiff believes that Court authorization is necessary for the parties to enter into the stipulation at issue, counsel should provide a detailed explanation of the legal basis for that understanding. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
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Filing 27
JOINT LETTER addressed to Judge Gregory H. Woods from C.K. Lee dated March 18, 2022 re: Stipulation to Waive Service [Dkt. No. 19]. Document filed by Juvencio Vidal Perez..(Lee, C.K.)
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Filing 26
ORDER granting #25 Letter Motion for Extension of Time to Answer re #25 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint,, addressed to Judge Gregory H. Woods dated 3/16/2022., #1 Complaint. Application granted. The deadline for Defendants to answer or otherwise respond to the complaint is extended to April 22, 2022. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 25. Everything Cuban LLC answer due 4/22/2022; Patricia Luna answer due 4/22/2022; Sofia Luna answer due 4/22/2022; MM Restaurant Enterprises LLC answer due 4/22/2022; Manuela Matos answer due 4/22/2022; Sophie's Cuban Cuisine Franchising, Inc. answer due 4/22/2022; Sophie's Cuban Cuisine Inc. answer due 4/22/2022. (Signed by Judge Gregory H. Woods on 3/18/2022) (rro)
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Filing 25
CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint,, addressed to Judge Gregory H. Woods dated 3/16/2022. Document filed by Everything Cuban LLC, Patricia Luna, Sofia Luna, MM Restaurant Enterprises LLC, Manuela Matos, Sophie's Cuban Cuisine Franchising, Inc., Sophie's Cuban Cuisine Inc...(Steer, Richard)
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Filing 24
NOTICE OF APPEARANCE by Ingrid Julieth Cardona on behalf of Everything Cuban LLC, Patricia Luna, Sofia Luna, MM Restaurant Enterprises LLC, Manuela Matos, Sophie's Cuban Cuisine Franchising, Inc., Sophie's Cuban Cuisine Inc...(Cardona, Ingrid)
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Filing 23
NOTICE OF APPEARANCE by Tara Toevs Carolan on behalf of Everything Cuban LLC, Patricia Luna, Sofia Luna, MM Restaurant Enterprises LLC, Manuela Matos, Sophie's Cuban Cuisine Franchising, Inc., Sophie's Cuban Cuisine Inc...(Carolan, Tara)
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Filing 22
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Everything Cuban LLC, MM Restaurant Enterprises LLC, Sophie's Cuban Cuisine Franchising, Inc., Sophie's Cuban Cuisine Inc...(Steer, Richard)
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Filing 21
NOTICE OF APPEARANCE by Richard Lane Steer on behalf of Everything Cuban LLC, Patricia Luna, Sofia Luna, MM Restaurant Enterprises LLC, Manuela Matos, Sophie's Cuban Cuisine Franchising, Inc., Sophie's Cuban Cuisine Inc...(Steer, Richard)
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Filing 20
ORDER: On March 10, 2022, counsel for the plaintiff filed a "Stipulation" executed by both counsel for the plaintiff and lawyers who represent themselves to be counsel for the defendants. Dkt. No. 19. Among other things, the document contains a stipulation "by and between the parties that Defendants' time to answer or move with regard to the Complaint shall be extended, by consent,subject to the Court's approval, to and including April 22, 2022...." The parties did not request the Court's consent to extend the answer deadline; nor did they comply with the Court's Individual Rule 1(F). Since the parties have not requested the Courts approval of the extension of the answer deadline in accordance with the Court's Individual Rules of Practice, the Court's approval is not granted. Simply filing a stipulation to extend an answer deadline is not effective, as expressly provided in the parties' stipulation. Moreover, counsel for the defendants have not entered a notice of appearance in this case. The Court does not expect to grant any future application to extend the answer deadline before counsel has entered a notice of appearance in the case. The parties are again ordered to review and comply with the Courts Individual Rules of Practice in Civil Cases. SO ORDERED. (Signed by Judge Gregory H. Woods on 3/10/2022) (mml)
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Filing 19
PROPOSED STIPULATION AND ORDER. Document filed by Juvencio Vidal Perez..(Lee, C.K.)
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Filing 18
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/24/2022 at 4:30 PM before Judge Gregory H. Woods. The conference will be conducted by telephone. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. SO ORDERED. (Signed by Judge Gregory H. Woods on 2/28/2022) (vfr)
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Filing 17
ELECTRONIC SUMMONS ISSUED as to Patricia Luna. (vf)
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Filing 16
ELECTRONIC SUMMONS ISSUED as to Manuela Matos. (vf)
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Filing 15
ELECTRONIC SUMMONS ISSUED as to Sofia Luna. (vf)
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Filing 14
ELECTRONIC SUMMONS ISSUED as to Sophie's Cuban Cuisine Franchising, Inc.. (vf)
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Filing 13
ELECTRONIC SUMMONS ISSUED as to MM Restaurant Enterprises LLC. (vf)
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Filing 12
ELECTRONIC SUMMONS ISSUED as to Everything Cuban LLC. (vf)
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Filing 11
ELECTRONIC SUMMONS ISSUED as to Sophie's Cuban Cuisine Inc.. (vf)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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)
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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)
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Case Designated ECF. (vf)
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Filing 10
CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Juvencio Vidal Perez..(Lee, C.K.)
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Filing 9
REQUEST FOR ISSUANCE OF SUMMONS as to Patricia Luna, re: #1 Complaint,,. Document filed by Juvencio Vidal Perez..(Lee, C.K.)
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Filing 8
REQUEST FOR ISSUANCE OF SUMMONS as to Manuela Matos, re: #1 Complaint,,. Document filed by Juvencio Vidal Perez..(Lee, C.K.)
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Filing 7
REQUEST FOR ISSUANCE OF SUMMONS as to Sofia Luna, re: #1 Complaint,,. Document filed by Juvencio Vidal Perez..(Lee, C.K.)
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Filing 6
REQUEST FOR ISSUANCE OF SUMMONS as to Sophie's Cuban Cuisine Franchising, Inc., re: #1 Complaint,,. Document filed by Juvencio Vidal Perez..(Lee, C.K.)
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to MM Restaurant Enterprises LLC, re: #1 Complaint,,. Document filed by Juvencio Vidal Perez..(Lee, C.K.)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Everything Cuban LLC, re: #1 Complaint,,. Document filed by Juvencio Vidal Perez..(Lee, C.K.)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Sophie's Cuban Cuisine Inc., re: #1 Complaint,,. Document filed by Juvencio Vidal Perez..(Lee, C.K.)
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Filing 2
CIVIL COVER SHEET filed. (Attachments: #1 Rider).(Lee, C.K.)
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Filing 1
COMPLAINT against Everything Cuban LLC, John Doe Corporations 1-8, Patricia Luna, Sofia Luna, MM Restaurant Enterprises LLC, Manuela Matos, Sophie's Cuban Cuisine Franchising, Inc., Sophie's Cuban Cuisine Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25774371)Document filed by Juvencio Vidal Perez. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K).(Lee, C.K.)
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