Crespo v. Sackman Enterprises, Inc. et al
| Santiago Crespo, Estate of Alexander Navarro and Dayanara Navarro |
| Sackman Enterprises, Inc., VALSAC 908, LLC, Cooper Street LLC, Liberty Regional Center, LLC, 208/210 Realty Co, LLC, 212/214 Realty Co, LLC, Kiwi Realty Co, LLC, Beckham Realty Co, LLC and Valsac 906, LLC |
| 1:2022cv02146 |
| March 15, 2022 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 22, 2023. A more recent docket listing may be available from PACER.
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| Filing 79 MEMO ENDORSEMENT on re: #78 Status Report filed by Santiago Crespo. ENDORSEMENT: Application GRANTED. The status conference scheduled for October 5, 2023 is hereby ADJOURNED sine die. (Signed by Judge Katherine Polk Failla on 9/29/2023) (tro) |
| Filing 78 STATUS REPORT. Document filed by Santiago Crespo..(Yau, Karen) |
| Filing 77 MEMO ENDORSEMENT on re: #76 Letter filed by Santiago Crespo. ENDORSEMENT: Application GRANTED. The Conference scheduled for September 21, 2023, is hereby ADJOURNED to October 5, 2023, at 10:00 a.m. The Conference will be held in Courtroom 618 of the Thurgood Marshall United States Courthouse, New York, New York. The parties are further directed to file a joint update, not to exceed three pages, on or before September 28, 2023, apprising the Court of those developments that have occurred in this matter since the most recent status reports filed by the parties at docket numbers 69 and 72. (Status Conference set for 10/5/2023 at 10:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 9/20/2023) (rro) |
| Filing 76 LETTER addressed to Judge Katherine Polk Failla from Karen Kithan Yau dated 9/19/2023 re: Request for Adjournment of Status Conference. Document filed by Santiago Crespo..(Yau, Karen) |
Filing 75
ORDER granting #74 Letter Motion to Adjourn Conference. Application GRANTED. The status conference previously scheduled for August 31, 2023, is hereby ADJOURNED to September 21, 2023, at 3:00 p.m. The conference will be held in Courtroom 618 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. Status Conference set for 9/21/2023 at 03:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 8/28/2023) (rro)
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| Filing 74 JOINT LETTER MOTION to Adjourn Conference addressed to Judge Katherine Polk Failla from Karen Kithan Yau dated 08/28/2023. Document filed by Santiago Crespo..(Yau, Karen) |
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Filing 73
MEMO ENDORSEMENT on re: #72 Status Report, filed by 212/214 Realty Co, LLC, 208/210 Realty Co, LLC, Cooper Street LLC, Kiwi Realty Co, LLC, Valsac 906, LLC, Sackman Enterprises, Inc., VALSAC 908, LLC, Liberty Regional Center, LLC, Beckham Realty Co, LLC. ENDORSEMENT: The Court is in receipt of Defendants' above submission. The parties are ORDERED to attend a conference regarding this matter on August 31, 2023, at 3:00 p.m., in Courtroom 618 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. (Status Conference set for 8/31/2023 at 03:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 8/7/2023) (rro)
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| Filing 72 STATUS REPORT. in Response to Plaintiffs' July 28, 2023 Status Report Document filed by 208/210 Realty Co, LLC, 212/214 Realty Co, LLC, Beckham Realty Co, LLC, Cooper Street LLC, Kiwi Realty Co, LLC, Liberty Regional Center, LLC, Sackman Enterprises, Inc., VALSAC 908, LLC, Valsac 906, LLC..(Shenker, Brian) |
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Filing 70
MEMO ENDORSEMENT on re: #69 Status Report filed by Estate of Alexander Navarro, Santiago Crespo. ENDORSEMENT: The Court is in receipt of the above submission (Dkt. #69). Defendants are ORDERED to file a written response not to exceed three pages on or before August 3, 2023. (Signed by Judge Katherine Polk Failla on 7/31/2023) (rro)
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| Filing 69 STATUS REPORT. Update on Mediation on July 13, 2023 Document filed by Santiago Crespo, Estate of Alexander Navarro. (Attachments: #1 Exhibit Term Sheet).(Yau, Karen) |
| Minute Entry for proceedings held before SDNY Mediation: Mediation Conference held on 7/13/2023. Mediation Status due by 8/14/2023. (mnp) |
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Filing 68
MEMO ENDORSEMENT on re: #67 Status Report filed by Santiago Crespo ENDORSEMENT The Court appreciates the above update from the parties. The parties are directed to file a joint letter apprising the Court of their progress in resolving this case at the earlier of a major update in the mediation or August 11, 2023. SO ORDERED. (Signed by Judge Katherine Polk Failla on 7/10/2023) (jca)
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| Filing 67 STATUS REPORT. (JOINT) Document filed by Santiago Crespo..(Yau, Karen) |
| SUBSEQUENT MEDIATION CONFERENCE. Mediation Conference scheduled for 7/13/2023 at 10:30 AM in telephone or video conference.(mnp) |
| MEDIATION CONFERENCE NOT HELD Mediation Conference scheduled for 6/22/2023 will not be held. Mediation Status due by 7/5/2023.(mnp) |
| Filing 66 MEMO ENDORSEMENT on re: #65 Letter, filed by 212/214 Realty Co, LLC, 208/210 Realty Co, LLC, Liberty Regional Center, LLC, Cooper Street LLC, Beckham Realty Co, LLC, Kiwi Realty Co, LLC. ENDORSEMENT: Application GRANTED. (Signed by Judge Katherine Polk Failla on 6/6/2023) (rro) |
| Filing 65 JOINT LETTER addressed to Judge Katherine Polk Failla from Brian J. Shenker dated June 5, 2023 re: deadline to submit joint status report and proposed case management plan be extended to June 29, 2023. Document filed by 208/210 Realty Co, LLC, 212/214 Realty Co, LLC, Beckham Realty Co, LLC, Cooper Street LLC, Kiwi Realty Co, LLC, Liberty Regional Center, LLC..(Shenker, Brian) |
| SUBSEQUENT MEDIATION CONFERENCE. Mediation Conference scheduled for 6/22/2023 at 10:00 AM in telephone or video conference.(mnp) |
| MEDIATION CONFERENCE NOT HELD Mediation Conference scheduled for 5/19/2023 was not held. Mediation Status due by 6/5/2023.(mnp) |
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Filing 64
ORDER terminating #63 Letter Motion for Conference re: #63 JOINT LETTER MOTION for Conference addressed to Judge Jennifer L. Rochon from Brian Shenker dated May 4, 2023. This document was improperly filed in 22 Civ. 2146. The Clerk of Court is directed to terminate the pending motion at docket entry 63. SO ORDERED. (Signed by Judge Katherine Polk Failla on 5/5/2023) (tg)
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| Filing 63 FILING ERROR - DEFICIENT DOCKET ENTRY - JOINT LETTER MOTION for Conference addressed to Judge Jennifer L. Rochon from Brian Shenker dated May 4, 2023. Document filed by 208/210 Realty Co, LLC, 212/214 Realty Co, LLC, Beckham Realty Co, LLC, Cooper Street LLC, Kiwi Realty Co, LLC, Liberty Regional Center, LLC..(Shenker, Brian) Modified on 5/5/2023 (db). As per ECF-ERROR Email Correspondence received on 5/4/2023 @ 3:53pm. |
| SUBSEQUENT MEDIATION CONFERENCE. Mediation Conference scheduled for 5/19/2023 at 10:00 AM in telephone or video conference.(mnp) |
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Filing 62
MEMO ENDORSEMENT: on re: #61 Letter filed by 212/214 Realty Co, LLC, 208/210 Realty Co, LLC, Cooper Street LLC, Kiwi Realty Co, LLC, Valsac 906, LLC, Sackman Enterprises, Inc., VALSAC 908, LLC, Liberty Regional Center, LLC, Beckham Realty Co, LLC. ENDORSEMENT: Application GRANTED. The parties are directed to submit a joint status letter on or before May 26, 2023. Should the parties not resolve this case through mediation by that date, the Court also expects that the parties will submit a proposed case management plan. SO ORDERED. (Signed by Judge Katherine Polk Failla on 5/03/2023) (ama)
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| Filing 61 JOINT LETTER addressed to Judge Katherine Polk Failla from Brian Shenker dated May 3, 2023 re: Request One Week to Submit Status Report pending Scheduling Mediation. Document filed by 208/210 Realty Co, LLC, 212/214 Realty Co, LLC, Beckham Realty Co, LLC, Cooper Street LLC, Kiwi Realty Co, LLC, Liberty Regional Center, LLC, Sackman Enterprises, Inc., VALSAC 908, LLC, Valsac 906, LLC..(Shenker, Brian) |
| Filing 60 ANSWER to #24 Amended Complaint,. Document filed by 208/210 Realty Co, LLC, 212/214 Realty Co, LLC, Beckham Realty Co, LLC, Cooper Street LLC, Kiwi Realty Co, LLC, Liberty Regional Center, LLC, Sackman Enterprises, Inc., VALSAC 908, LLC, Valsac 906, LLC..(Shenker, Brian) |
| Filing 59 MEMO ENDORSEMENT granting #58 Motion to Substitute Party. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to update the caption in this case, substituting "Dayanara Navarro, Administrator of the Estate of Alexander Navarro" for "Estate of Alexander Navarro." The Clerk of Court is directed to terminate the pending motion at docket entry 58. Dayanara Navarro added. Estate of Alexander Navarro terminated. (Signed by Judge Katherine Polk Failla on 4/21/2023) (rro) |
| Filing 58 MOTION to Substitute Party. Old Party: Estate of Alexander Navarro, New Party: Dayanara Navarro, Administrator of the Estate of Alexander Navarro . Document filed by Estate of Alexander Navarro. (Attachments: #1 Exhibit A - Death Certificate - Alex Navarro, #2 Exhibit B - Navarro Letter of Administration).(Yau, Karen) |
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Filing 57
MEMO ENDORSEMENT on re: #56 Consent to Become Party Plaintiff filed by Estate of Alexander Navarro. ENDORSEMENT: The Court is in receipt of the above consent to sue under the Fair Labor Standards Act for the Estate of Alexander Navarro. As the decedent, Alexander Navarro, is not listed on the docket and the Estate of Alexander Navarro is now listed as a party plaintiff, the Court deems this consent to sue sufficient to satisfy the Court's directives in its prior Order of April 13, 2023. (Dkt. #55). The Clerk of Court is directed to lift the stay in this case. Case Stay Lifted. (Signed by Judge Katherine Polk Failla on 4/19/2023) (rro)
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| Filing 56 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Estate of Alexander Navarro..(Yau, Karen) |
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Filing 55
MEMO ENDORSEMENT on re: #54 Letter, filed by 212/214 Realty Co, LLC, 208/210 Realty Co, LLC, Cooper Street LLC, Kiwi Realty Co, LLC, Valsac 906, LLC, Sackman Enterprises, Inc., VALSAC 908, LLC, Liberty Regional Center, LLC, Beckham Realty Co, LLC. ENDORSEMENT: The Court is in receipt of Plaintiffs' letter noting that Mrs. Navarro has administrator of the Navarro Estate and discussing certain issues associated with Plaintiff Crespo's purported settlement of this case (Dkt. #53), and Defendants' above response (Dkt. #54). At the outset, the Court agrees with Defendants that certain of the representations regarding settlement negotiations related to Plaintiff Crespo's claim remain confidential. As such, the Court will strike Plaintiff's letter in order to preserve confidentiality. Turning to next steps in this case, the Court is pleased to hear that Mrs. Navarro has been named administrator of the Navarro Estate. Plaintiffs are directed to file a motion pursuant to Federal Rule of Civil Procedure 25 by April 24, 2023, to substitute Mrs. Navarro as a party plaintiff now that she has been named administrator. Defendants are directed to file an answer to the Amended Complaint by April 28, 2023. Because Defendants have expressed a willingness to resolve this case as to both Plaintiffs through mediation or referral to a magistrate judge for a settlement conference, the parties are ORDERED to meet and confer and submit a joint letter on April 28, 2023, proposing next steps in this case. Should the parties still be at an impasse regarding a possible settlement with Plaintiff Crespo, Plaintiffs may advise the Court, but should not disclose any confidential negotiations. The Court will not at this time schedule a settlement conference. The Clerk of Court is directed to STRIKE the filing at docket entry 53. 208/210 Realty Co, LLC answer due 4/28/2023; 212/214 Realty Co, LLC answer due 4/28/2023; Beckham Realty Co, LLC answer due 4/28/2023; Cooper Street LLC answer due 4/28/2023; Kiwi Realty Co, LLC answer due 4/28/2023; Liberty Regional Center, LLC answer due 4/28/2023; Sackman Enterprises, Inc. answer due 4/28/2023; VALSAC 908, LLC answer due 4/28/2023; Valsac 906, LLC answer due 4/28/2023.( Motions due by 4/24/2023.) (Signed by Judge Katherine Polk Failla on 4/13/2023) (rro)
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| Filing 54 LETTER addressed to Judge Katherine Polk Failla from Brian Shenker dated April 13, 2023 re: Response to Plaintiff's 4-11-23 Status Report (Dkt. 53). Document filed by 208/210 Realty Co, LLC, 212/214 Realty Co, LLC, Beckham Realty Co, LLC, Cooper Street LLC, Kiwi Realty Co, LLC, Liberty Regional Center, LLC, Sackman Enterprises, Inc., VALSAC 908, LLC, Valsac 906, LLC..(Shenker, Brian) |
| Filing 53 ***STRICKEN DOCUMENT. Document number #53 has been stricken from the case record. The document was stricken from this case pursuant to #55 Order . STATUS REPORT. Document filed by Santiago Crespo. (Attachments: #1 Exhibit Ltr of Admin, #2 Exhibit P. request to D, #3 Exhibit 12.28.2022 correspondence, #4 Exhibit 02.27.2023 correspondence, #5 Exhibit 03.14.2023 correspondence).(Yau, Karen) Modified on 4/14/2023 (rro). |
| Filing 52 MEMO ENDORSEMENT on re: #51 Letter, filed by 212/214 Realty Co, LLC, 208/210 Realty Co, LLC, Cooper Street LLC, Kiwi Realty Co, LLC, Valsac 906, LLC, Sackman Enterprises, Inc., VALSAC 908, LLC, Liberty Regional Center, LLC, Beckham Realty Co, LLC. ENDORSEMENT: The Court is in receipt of Plaintiffs' letter apprising the Court of the status of Mrs. Navarro's petition to be named administrator of the Navarro Estate and requesting that the Court continue to hold the case in abeyance through July 1, 2023 (Dkt. #49), and Defendants' above opposition (Dkt. #51). The Court understands Defendants' frustrations, and is aware that the Estate and Mrs. Navarro presently lack the capacity to sue on behalf of Mr. Navarro. That being said, Mrs. Navarro has explained the cause for delay in being named administrator of the Estate, and the Court recognizes that Mrs. Navarro cannot necessarily accelerate the Surrogates' Court's resolution of her petition. In light of the facts that the petition has been pending since October 24, 2022, and that Mrs. Navarro recently moved for a petition for temporary administration, the Court GRANTS Plaintiffs' request to hold the case in abeyance until July 1, 2023. The Court does not believe that dismissing the Estate's claims from this case would be efficient at this juncture. That being said, the Court will not hold this case in abeyance in perpetuity. Accordingly, Plaintiffs are directed to file a letter at the earlier of July 3, 2023, or an update in the proceedings in the Surrogates' Court. If Mrs. Navarro is not named administrator of the Estate by July 1, 2023, or if the Surrogates' Court does not grant her petition for temporary administration of the Estate before that time, the Court will dismiss the Estate's claims from this case. Case stayed. (Signed by Judge Katherine Polk Failla on 3/6/2023) (rro) |
| Filing 51 LETTER addressed to Judge Katherine Polk Failla from Brian Shenker dated March 3, 2023 re: March 1, 2023 Memo Endorsement. Document filed by 208/210 Realty Co, LLC, 212/214 Realty Co, LLC, Beckham Realty Co, LLC, Cooper Street LLC, Kiwi Realty Co, LLC, Liberty Regional Center, LLC, Sackman Enterprises, Inc., VALSAC 908, LLC, Valsac 906, LLC..(Shenker, Brian) |
| Filing 50 MEMO ENDORSEMENT on re: #49 Status Report, filed by Estate of Alexander Navarro. ENDORSEMENT: The Court is in receipt of the above status letter regarding the Navarro Estate, as well as an attached declaration. (Dkt. #49). Defendants are directed to submit a response letter indicating their views on holding this case in abeyance by March 3, 2023. (Signed by Judge Katherine Polk Failla on 3/1/2023) (rro) |
| Filing 49 STATUS REPORT. re Naming of Administrator and Personal Representative of Navarros Estate Document filed by Estate of Alexander Navarro. (Attachments: #1 Affidavit Declaration of Thomas Manzi, Esq. in Support of Plaintiff Navarros Request For Continuance).(Yau, Karen) |
| Set/Reset Mediation Case Tracking Deadlines: Mediation Status due by 3/3/2023. (ah) |
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Filing 48
MEMO ENDORSEMENT on re: #46 Letter filed by Estate of Alexander Navarro. ENDORSEMENT: The Court is in receipt of Defendants' pre-motion letter contemplating a motion to dismiss the claims brought by Plaintiff Navarro (Dkt. #44), as well as Plaintiffs' above opposition and request to hold this case in abeyance and affidavit submitted by attorney Thomas Manzi (Dkt. #46-47). As is evident from Defendants' cited authority in support of its contention that Plaintiff Navarro's claims should be dismissed for lack of capacity to sue, any dismissal of these claims would be without prejudice. See, e.g., Squires v. Nephrology Found. of Brooklyn, Inc., No. 99 Civ. 1143 (EHN), 1999 WL 1495421, at *3 (E.D.N.Y. Dec. 27, 1999) ("The claims against the Nephrology defendants are dismissed without prejudice. Plaintiff may re-file these claims if and when he becomes Squires's personal representative."). As noted in Plaintiffs' submissions, Mrs. Dayanara Navarro is actively working to be appointed the administrator of the Navarro Estate (Dkt. #46 at 2 (noting Mrs. Navarro submitted her petition to the Surrogates' Court)), and expects to be so appointed by February 2023 (id. at 3). Accordingly, the Court will hold this case open through March 1, 2023, in order to permit Mrs. Navarro time to become administrator of the Navarro Estate so that she may proceed in this case as personal representative. As such, the Court DENIES Defendants' request to set a briefing schedule on their proposed motion to dismiss. Plaintiffs are hereby ORDERED to submit to the Court an update regarding Mrs. Navarro's progress in being named administrator at the earlier of March 1, 2023, or a determination by the Surrogates' Court. The initial pretrial conference scheduled to take place on December 13, 2022, is hereby ADJOURNED sine die. (Signed by Judge Katherine Polk Failla on 12/5/2022) (rro)
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| Filing 47 NOTICE of DECLARATION OF THOMAS MANZI, ESQ. IN SUPPORT of re: #46 Letter. Document filed by Estate of Alexander Navarro..(Yau, Karen) |
| Filing 46 LETTER addressed to Judge Katherine Polk Failla from Karen Kithan Yau dated 12/05/2022 re: Oppose the Defendants contemplated motion to dismiss those claims.. Document filed by Estate of Alexander Navarro..(Yau, Karen) |
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Filing 45
ORDER terminating #44 Letter Motion for Conference re: #44 LETTER MOTION for Conference re: #24 Amended Complaint, Pre-Motion Letter Regarding Anticipated Motion to Dismiss addressed to Judge Katherine Polk Failla from Brian Shenker dated November 28, 2022. The Court is in receipt of the above letter from Defendants, discussing a contemplated motion to dismiss claims asserted by the Estate of Alexander Navarro. Although Plaintiffs consent to Defendants filing this motion, in order to conserve the parties' and Court's resources, Plaintiffs are ORDERED to explain by letter response why they may proceed with the claims brought by the Estate in light of Defendants' above representations. Plaintiffs shall file this letter by December 5, 2022, and the letter shall not exceed three pages in length. The Court will withhold any decision on adjourning the December 13, 2022 initial pretrial conference until it reviews Plaintiffs' submission. The Clerk of Court is directed to terminate the pending motion at docket entry 44. (Signed by Judge Katherine Polk Failla on 11/29/2022) (rro)
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| Filing 44 LETTER MOTION for Conference re: #24 Amended Complaint, Pre-Motion Letter Regarding Anticipated Motion to Dismiss addressed to Judge Katherine Polk Failla from Brian Shenker dated November 28, 2022. Document filed by 208/210 Realty Co, LLC, 212/214 Realty Co, LLC, Beckham Realty Co, LLC, Cooper Street LLC, Kiwi Realty Co, LLC, Liberty Regional Center, LLC, Sackman Enterprises, Inc., VALSAC 908, LLC, Valsac 906, LLC..(Shenker, Brian) |
| Minute Entry for proceedings held before SDNY Mediation: Mediation Conference held on 11/22/2022. Mediation Status due by 12/22/2022. (mnp) |
| SUBSEQUENT MEDIATION CONFERENCE. Mediation Conference scheduled for 11/22/2022 at 12:15 PM in telephone or video conference.(mnp) |
| Minute Entry for proceedings held before SDNY Mediation: Mediation Conference held on 11/15/2022. Mediation Status due by 12/15/2022. (mnp) |
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Filing 43
ORDER granting #42 Letter Motion to Adjourn Conference. Application GRANTED. The initial pretrial conference scheduled to take place on November 15, 2022, is hereby ADJOURNED to December 13, 2022, at 12:00 p.m. The Clerk of Court is directed to terminate the pending motion at docket entry 42. Initial Conference set for 12/13/2022 at 12:00 PM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 11/14/2022) (rro)
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| Filing 42 JOINT LETTER MOTION to Adjourn Conference (Pre-trial Conference) addressed to Judge Katherine Polk Failla from Karen Kithan Yau dated 10/14/2022. Document filed by Santiago Crespo..(Yau, Karen) |
| SUBSEQUENT MEDIATION CONFERENCE. Mediation Conference scheduled for 11/15/2022 at 01:30 PM in telephone or video conference.(mnp) |
| Minute Entry for proceedings held before SDNY Mediation: Mediation Conference held on 11/11/2022. Mediation Status due by 12/12/2022. (mnp) |
| Filing 41 PROPOSED CASE MANAGEMENT PLAN. Document filed by Santiago Crespo..(Yau, Karen) |
| SUBSEQUENT MEDIATION CONFERENCE. Mediation Conference scheduled for 11/11/2022 at 10:00 AM in telephone or video conference.(mnp) |
| MEDIATION CONFERENCE NOT HELD Mediation Conference scheduled for 10/12/2022 was not held. Mediation Status due by 10/24/2022.(mnp) |
| SUBSEQUENT MEDIATION CONFERENCE. Mediation Conference scheduled for 10/12/2022 at 10:00 AM in telephone or video conference.(mnp) |
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Filing 40
ORDER granting #39 Letter Motion to Adjourn Conference; granting #39 Letter Motion for Extension of Time to Answer re #39 JOINT LETTER MOTION to Adjourn Conference (Initial Pretrial Conference) addressed to Judge Katherine Polk Failla from Brian J. Shenker dated September 16, 2022.JOINT LETTER MOTION for Extension of Time to File Answer re: #16 Amended Complaint, (and extend the date for parties to submit a Proposed Case Management Plan & Scheduling Order) addressed to Judge Katherine Polk Failla from Brian J. She, #16 Amended Complaint. Application GRANTED. Defendants shall respond to the Amended Complaint by October 21, 2022. The initial pretrial conference scheduled for October 4, 2022, is hereby ADJOURNED to November 15, 2022, at 3:00 p.m. The parties shall submit a joint letter and proposed case management plan in line with the Court's individual rules by November 10, 2022. The Clerk of Court is directed to terminate the pending motion at docket entry 39. 208/210 Realty Co, LLC answer due 10/21/2022; 212/214 Realty Co, LLC answer due 10/21/2022; Beckham Realty Co, LLC answer due 10/21/2022; Cooper Street LLC answer due 10/21/2022; Kiwi Realty Co, LLC answer due 10/21/2022; Liberty Regional Center, LLC answer due 10/21/2022; Sackman Enterprises, Inc. answer due 10/21/2022; Valsac 906, LLC answer due 10/21/2022( Initial Conference set for 11/15/2022 at 03:00 PM before Judge Katherine Polk Failla.). (Signed by Judge Katherine Polk Failla on 9/16/2022) (rro)
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| Filing 39 JOINT LETTER MOTION to Adjourn Conference (Initial Pretrial Conference) addressed to Judge Katherine Polk Failla from Brian J. Shenker dated September 16, 2022., JOINT LETTER MOTION for Extension of Time to File Answer re: #16 Amended Complaint, (and extend the date for parties to submit a Proposed Case Management Plan & Scheduling Order) addressed to Judge Katherine Polk Failla from Brian J. Shenker dated September 16, 2022. Document filed by 208/210 Realty Co, LLC, 212/214 Realty Co, LLC, Beckham Realty Co, LLC, Cooper Street LLC, Kiwi Realty Co, LLC, Liberty Regional Center, LLC, Sackman Enterprises, Inc., VALSAC 908, LLC, Valsac 906, LLC..(Shenker, Brian) |
| Filing 38 ELECTRONIC SUMMONS ISSUED as to Valsac 906, LLC. (vf) |
| Filing 37 ELECTRONIC SUMMONS ISSUED as to Liberty Regional Center, LLC. (vf) |
| Filing 36 ELECTRONIC SUMMONS ISSUED as to Kiwi Realty Co, LLC. (vf) |
| Filing 35 ELECTRONIC SUMMONS ISSUED as to Cooper Street LLC. (vf) |
| Filing 34 ELECTRONIC SUMMONS ISSUED as to Beckham Realty Co, LLC. (vf) |
| Filing 33 ELECTRONIC SUMMONS ISSUED as to 212/214 Realty Co, LLC. (vf) |
| Filing 32 ELECTRONIC SUMMONS ISSUED as to 208/210 Realty Co, LLC. (vf) |
| Filing 31 REQUEST FOR ISSUANCE OF SUMMONS as to Valsac 906, LLC, re: #24 Amended Complaint,. Document filed by Santiago Crespo, Estate fo Alexander Navarro..(Yau, Karen) |
| Filing 30 REQUEST FOR ISSUANCE OF SUMMONS as to Liberty Regional Center, LLC, re: #24 Amended Complaint,. Document filed by Santiago Crespo, Estate fo Alexander Navarro..(Yau, Karen) |
| Filing 29 REQUEST FOR ISSUANCE OF SUMMONS as to Kiwi Realty Co, LLC, re: #24 Amended Complaint,. Document filed by Santiago Crespo, Estate fo Alexander Navarro..(Yau, Karen) |
| Filing 28 REQUEST FOR ISSUANCE OF SUMMONS as to Cooper Street LLC, re: #24 Amended Complaint,. Document filed by Santiago Crespo, Estate fo Alexander Navarro..(Yau, Karen) |
| Filing 27 REQUEST FOR ISSUANCE OF SUMMONS as to Beckham Realty Co, LLC, re: #24 Amended Complaint,. Document filed by Santiago Crespo, Estate fo Alexander Navarro..(Yau, Karen) |
| Filing 26 REQUEST FOR ISSUANCE OF SUMMONS as to 212-214 Realty Co, LLC, re: #24 Amended Complaint,. Document filed by Santiago Crespo, Estate fo Alexander Navarro..(Yau, Karen) |
| Filing 25 REQUEST FOR ISSUANCE OF SUMMONS as to 208-210 Realty Co, LLC, re: #24 Amended Complaint,. Document filed by Santiago Crespo, Estate fo Alexander Navarro..(Yau, Karen) |
| Filing 24 FIRST AMENDED COMPLAINT amending #16 Amended Complaint, against 208/210 Realty Co, LLC, 212/214 Realty Co, LLC, Beckham Realty Co, LLC, Cooper Street LLC, Kiwi Realty Co, LLC, Liberty Regional Center, LLC, Sackman Enterprises, Inc., VALSAC 908, LLC, Valsac 906, LLC.Document filed by Santiago Crespo, Estate fo Alexander Navarro. Related document: #16 Amended Complaint,..(Yau, Karen) |
| Filing 23 FILING ERROR - FILER ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Valsac 906, LLC, re: #1 Complaint, #16 Amended Complaint,. Document filed by Santiago Crespo..(Yau, Karen) Modified on 9/1/2022 (pc). |
| Filing 22 FILING ERROR - FILER ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Liberty Regional Center, LLC, re: #16 Amended Complaint,. Document filed by Santiago Crespo..(Yau, Karen) Modified on 9/1/2022 (pc). |
| Filing 21 FILING ERROR - FILER ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Kiwi Realty Co, LLC, re: #16 Amended Complaint,. Document filed by Santiago Crespo..(Yau, Karen) Modified on 9/1/2022 (pc). |
| Filing 20 FILING ERROR - FILER ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Cooper Street LLC, re: #16 Amended Complaint,. Document filed by Santiago Crespo..(Yau, Karen) Modified on 9/1/2022 (pc). |
| Filing 19 FILING ERROR - FILER ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Beckham Realty Co, LLC, re: #16 Amended Complaint,. Document filed by Santiago Crespo..(Yau, Karen) Modified on 9/1/2022 (pc). |
| Filing 18 FILING ERROR - FILER ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to 212-214 Realty Co, LLC, re: #16 Amended Complaint,. Document filed by Santiago Crespo..(Yau, Karen) Modified on 9/1/2022 (pc). |
| Filing 17 FILING ERROR - FILER ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to 208-210 Realty Co, LLC, re: #16 Amended Complaint,. Document filed by Santiago Crespo..(Yau, Karen) Modified on 9/1/2022 (pc). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Karen Kithan Yau re: Document No. #24 Amended Complaint,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; Add Santiago Crespo without any party text to CM ECF as a plaintiff.. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Karen Kithan Yau to RE-FILE re: Document No. #16 Amended Complaint,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong filer/filers were selected for the pleading; Add Santiago Crespo with no party text to CM ECF as a plaintiff. Add Estate of Alexander Navarro to CM ECF as a plaintiff. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended 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. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Karen Kithan Yau to RE-FILE Document No. #17 Request for Issuance of Summons, #22 Request for Issuance of Summons, #21 Request for Issuance of Summons, #23 Request for Issuance of Summons, #18 Request for Issuance of Summons, #20 Request for Issuance of Summons, #19 Request for Issuance of Summons. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Karen Kithan Yau. The party information for the following party/parties has been modified: Estate fo Alexander Navarro. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (pc) |
| ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Santiago Crespo added. Party added pursuant to #24 Amended Complaint,.Document filed by Santiago Crespo. Related document: #24 Amended Complaint,..(Yau, Karen) |
| Filing 16 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - FIRST AMENDED COMPLAINT amending #1 Complaint against Sackman Enterprises, Inc., VALSAC 908, LLC, Cooper Street LLC, Liberty Regional Center, LLC, 208/210 Realty Co, LLC, 212/214 Realty Co, LLC, Kiwi Realty Co, LLC, Beckham Realty Co, LLC, Valsac 906, LLC.Document filed by Santiago Crespo. Related document: #1 Complaint..(Yau, Karen) Modified on 9/1/2022 (pc). |
| Filing 15 NOTICE OF CHANGE OF ADDRESS by Karen Kithan Yau on behalf of Santiago Crespo. New Address: Getman, Sweeney & Dunn, PLLC, 260 Fair Street, Kingston, NY, US 12401, (845) 255-9370..(Yau, Karen) |
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Filing 14
NOTICE OF INITIAL PRETRIAL CONFERENCE: In light of the unsuccessful mediation held in this matter, it is hereby ORDERED that counsel for all parties appear for a telephonic initial pretrial conference with the Court on October 4, 2022, at 3:00 p.m. At the appointed time, the parties are to call (888) 363-4749 and enter access code: 5123533. Please note that the conference will not be available until 3:00 p.m. Initial Conference set for 10/4/2022 at 03:00 PM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 6/21/2022) (rro)
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Filing 13
ORDER granting #12 Letter Motion for Extension of Time to File. Application GRANTED. The Clerk of Court is directed to terminate the pending motion at docket entry 12. SO ORDERED. (Signed by Judge Katherine Polk Failla on 6/17/2022) (va)
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| Set/Reset Deadlines: Amended Pleadings due by 8/31/2022. (va) |
| Filing 12 LETTER MOTION for Extension of Time to File Amended Complaint addressed to Judge Katherine Polk Failla from Brian Shenker dated June 16, 2022. Document filed by Sackman Enterprises, Inc., VALSAC 908, LLC..(Shenker, Brian) |
| Minute Entry for proceedings held before SDNY Mediation: Mediation Conference held on 5/17/2022. Mediation Status due by 6/16/2022. (mnp) |
| FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 5/17/2022 at 10:00 AM in telephone or video conference.(mnp) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 5/9/2022.(ah) |
| Filing 11 NOTICE OF APPEARANCE by Anamaria Segura on behalf of Santiago Crespo..(Segura, Anamaria) |
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Filing 10
CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY: Notice is hereby given that, subject to approval by the court, Santiago Crespo, substitutes Karen Kithan Yau as counsel of record in place of Lauren Ruth Reznick of Bell Law Group, PLLC. Contact information for new counsel is as follows: and further set forth in this Order. The substitution of attorney is hereby approved and so ORDERED. Attorney Lauren Ruth Reznick terminated. (Signed by Judge Katherine Polk Failla on 3/28/2022) (rro) Modified on 3/30/2022 (rro).
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Filing 9
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 4/7/2022. (Signed by Judge Katherine Polk Failla on 12/10/2019) (jpt)
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| Filing 8 NOTICE OF APPEARANCE by Brian Jeffrey Shenker on behalf of Sackman Enterprises, Inc., VALSAC 908, LLC..(Shenker, Brian) |
| Filing 7 WAIVER OF SERVICE RETURNED EXECUTED. Document filed by Santiago Crespo..(Yau, Karen) |
| Filing 6 WAIVER OF SERVICE RETURNED EXECUTED. Santiago Crespo waiver sent on 3/25/2022, answer due 5/24/2022. Document filed by Santiago Crespo..(Yau, Karen) |
| Filing 5 CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Santiago Crespo..(Yau, Karen) |
| Filing 4 CIVIL COVER SHEET filed..(Yau, Karen) |
| Filing 3 NOTICE OF APPEARANCE by Karen Kithan Yau on behalf of Santiago Crespo..(Yau, Karen) |
| Filing 2 PROPOSED CONSENT ORDER. Document filed by Santiago Crespo..(Yau, Karen) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Lauren Ruth Reznick. The party information for the following party/parties has been modified: Santiago Crespo, VALSAC 908, LLC, Sackman Enterprises,Inc. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Lauren Ruth Reznick. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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) |
| Case Designated ECF. (vf) |
| Magistrate Judge Ona T. Wang 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 COMPLAINT against Sackman Enterprises, Inc., VALSAC 908, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-25865089)Document filed by Santiago Crespo..(Reznick, Lauren) |
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