Aponte et al v. Clinton Street Pizza Inc. et al
| Nancy Aponte and Angelo Gabriel Alves Marquez |
| Clinton Street Pizza Inc. doing business as Rizzo's Fine Pizza, Amedeo Orlando and Alexander Lyudmir |
| 1:2022cv03188 |
| April 19, 2022 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Kimba M Wood |
| Labor: Fair Standards |
| 15 U.S.C. § 2 (a) Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 19, 2023. A more recent docket listing may be available from PACER.
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Filing 71
PROPOSED JUDGMENT. Re: Document No. #70 Notice of Acceptance with Offer of Judgment. Document filed by Angelo Gabriel Alves Marquez, Nancy Aponte..(Rose, Jesse) Proposed Judgment to be reviewed by Clerk's Office staff.
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Filing 70
NOTICE OF ACCEPTANCE WITH OFFER OF JUDGMENT . Document filed by Angelo Gabriel Alves Marquez, Nancy Aponte. (Attachments: #1 Supplement Offer of Judgment).(Rose, Jesse)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED JUDGMENT. Notice to attorney Jesse Rose to RE-FILE Document No. #69 Proposed Judgment. The filing is deficient for the following reason(s): The documents are not filed correctly. The offer of judgment with the acceptance needs to be filed as one entry, and the judgment needs to be filed separately as well. The offer of judgment with acceptance is filed under Other Filings, Notices, Notice of Acceptance with Offer of Judgment. The proposed judgment is filed under Proposed Orders, Proposed Judgment. (km)
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***NOTICE TO COURT REGARDING NOTICE OF ACCEPTANCE WITH OFFER OF JUDGMENT. Document No. #70 Notice of Acceptance with Offer of Judgment was reviewed and approved as to form. (km)
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***NOTICE TO COURT REGARDING PROPOSED JUDGMENT. Document No. #71 Proposed Judgment was reviewed and approved as to form. (km)
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Filing 69
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED JUDGMENT. Document filed by Angelo Gabriel Alves Marquez, Nancy Aponte. (Attachments: #1 Exhibit Offer of Judgment, #2 Exhibit Acceptance of Offer of Judgment).(Rose, Jesse) Proposed Judgment to be reviewed by Clerk's Office staff. Modified on 6/13/2022 (km).
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Filing 68
ORDER: granting #67 Letter Motion for Extension of Time. The Court hereby Orders: Plaintiffs and Lyudmir shall file summary judgment motions, if any, no later than June 21, 2022. Plaintiffs and Lyudmir shall file with the Court a status letter no later than June 24, 2022. Plaintiffs and those defendants who are not in settlement discussions shall file a joint status report no later than June 10, 2022. SO ORDERED. Motions due by 6/21/2022. (Signed by Judge Kimba M. Wood on 6/02/2022) (ama)
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Filing 8
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #7) ORDER TO SHOW CAUSE: NOW THEREFORE, it is hereby ORDERED that plaintiffs shall SHOW CAUSE in writing, no later than July 10, 2020, why their complaint should not be dismissed pursuant to Rule 4(m) for failing to serve defendants within 90 days. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 6/24/2020) (gp)
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Filing 7
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #6) 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, pursuant to 28 U.S.C. 636(b)(1)(A). If you are aware of any party or attorney who should receive notice in this action, other than those currently listed on the docket sheet, please notify Courtroom Deputy Kevin Snell at (212) 805-0228 immediately. All court conferences and hearings will be conducted by teleconference. Please treat the teleconference as you would treat a public court appearance. If the Court is running late and a conference or hearing in another matter is ongoing, please be silent (mute your line) until your case is called.(As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 3/25/2020) (gp)
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Filing 6
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #5) ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Barbara C. Moses. SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/24/2020) (gp)
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Filing 5
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #4)ELECTRONIC SUMMONS ISSUED as to Clinton Street Pizza Inc., Alexander Lyudmir, Amedeo Orlando..(gp)
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Filing 3
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #2)CIVIL COVER SHEET filed..(gp)
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Filing 2
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #1)COMPLAINT against Clinton Street Pizza Inc., Alexander Lyudmir, Amedeo Orlando. Filing Fee $ 400.00, Receipt Number ANYSDC-19034539Document filed by Nancy Aponte, Angelo Gabriel Alves Marquez..(gp)
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Filing 1
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #67) ORDER SEVERING CLAIMS AGAINST NONCONSENTING DEFENDANTS: NOW THEREFORE, it is hereby ORDERED that: Plaintiffs' claims against the Nonconsenting Defendants (Clinton Street Pizza Inc.,Amedeo Orlando, and Alexander Lyudmir) shall be and they hereby are SEVERED from the claims of consenting defendant Francesco Taormina pursuant to Fed. R.Civ. P. 21. The Clerk of Court is respectfully directed to reassign plaintiffs' claims against the Nonconsenting Defendants to the Hon. Kimba M. Wood, United States District Judge, under a new docket number. Plaintiffs' claims against defendant Taormina will remain before me under the present docket number. (Signed by Magistrate Judge Barbara C. Moses on 4/15/2022) (gp)
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CASE SEVERED AS PER ORDER #67 IN CASE 1:20-CV-2037. (gp)
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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. (gp)
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Case Designated ECF. (gp)
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Filing 67
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #66) CONSENT LETTER MOTION for Extension of Time to file summary judgment motions addressed to Magistrate Judge Barbara C. Moses from Jesse C. Rose dated April 13, 2022. Document filed by Nancy Aponte, Angelo Gabriel Alves Marquez..(Rose, Jesse) .(gp) (Entered: 04/19/2022)
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Filing 66
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #65) NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE: by Nancy Aponte, Francesco Taormina. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Barbara C. Moses. IT IS ORDERED. (Signed by Judge Kimba M. Wood on 3/09/2022) (ama) .(gp) (Entered: 04/19/2022)
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Filing 65
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #64) LETTER addressed to Judge Kimba M. Wood from Jesse C. Rose dated March 4, 2022 re: Joint Letter Attaching Consent to Magistrate for Decision on Motion for Approval of Settlement. Document filed by Nancy Aponte, Angelo Gabriel Alves Marquez..(Rose, Jesse) .(gp) (Entered: 04/19/2022)
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Filing 64
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #63) SCHEDULING ORDER granting 62 Letter Motion for Extension of Time to Complete Discovery. Except for good cause shown, all discovery shall be commenced in time to be completed by 3/18/2022. Except for good cause shown, no motions shall be filed or heard after 4/15/2022. A proposed joint pretrial order shall be submitted by 4/18/2022. Jury Trial. Estimated trial time, in hours, is 30 hours. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 1/14/2022) (rro) (gp) (Entered: 04/19/2022)
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Filing 63
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #62) JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Kimba M. Wood from Jesse C. Rose dated January 12, 2022. Document filed by Nancy Aponte, Angelo Gabriel Alves Marquez. (Attachments: # 1 Text of Proposed Order).(Rose, Jesse) .(gp) (Entered: 04/19/2022)
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Filing 62
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #61) JOINT MOTION to Approve Settlement Agreement only as to Defendant Taormina. Document filed by Nancy Aponte, Angelo Gabriel Alves Marquez. (Attachments: # 1 Exhibit A, Executed Settlement Agreement, # 2 Exhibit B, Hours records).(Rose, Jesse) .(gp) (Entered: 04/19/2022)
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Filing 61
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #60) SCHEDULING ORDER: The parties have the option of trying this action before the Magistrate Judge assigned to this case. See 28 U.S.C. 636(c). Jury Trial. Amended Pleadings due by 11/11/2021. Joinder of Parties due by 11/11/2021. Motions due by 2/11/2022. Discovery due by 1/14/2022. Pretrial Order due by 2/18/2022. Estimated trial time, in hours, is 30 hours. SO ORDERED. (Signed by Judge Kimba M. Wood on 11/24/2021) (ks) (gp) (Entered: 04/19/2022)
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Filing 60
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #59 ) CLERK'S CERTIFICATE OF DEFAULT as to Amedeo Orlando.(km) .(gp) (Entered: 04/19/2022)
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Filing 59
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #58) AFFIRMATION of Jesse C. Rose in Support re: 57 Proposed Clerk's Certificate of Default,. Document filed by Nancy Aponte, Angelo Gabriel Alves Marquez..(Rose, Jesse) .(gp) (Entered: 04/19/2022)
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Filing 58
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #57) PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Nancy Aponte, Angelo Gabriel Alves Marquez..(Rose, Jesse) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 11/24/2021 (km). (gp) (Entered: 04/19/2022)
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Filing 57
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #56) AFFIRMATION of Jesse C. Rose in Support re: 55 Proposed Clerk's Certificate of Default,. Document filed by Nancy Aponte, Angelo Gabriel Alves Marquez..(Rose, Jesse) .(gp) (Entered: 04/19/2022)
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Filing 56
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #55) FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Nancy Aponte, Angelo Gabriel Alves Marquez..(Rose, Jesse) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 11/24/2021 (km). (NOTICE TO ATTORNEY IS FILED IN THE ORIGINAL CASE).(gp) (Entered: 04/19/2022)
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Filing 55
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #54) AFFIRMATION of Jesse C. Rose in Support re: 53 Proposed Clerk's Certificate of Default,. Document filed by Nancy Aponte, Angelo Gabriel Alves Marquez..(Rose, Jesse) .(gp) (Entered: 04/19/2022)
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Filing 54
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #53) FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Nancy Aponte, Angelo Gabriel Alves Marquez..(Rose, Jesse) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 11/24/2021 (km). .(gp) (Entered: 04/19/2022)
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Filing 53
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #52) FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Nancy Aponte, Angelo Gabriel Alves Marquez. (Attachments: # 1 Affidavit Affirmation in Support).(Rose, Jesse) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 11/24/2021 (km). (NOTICE TO ATTORNEY FILED IN THE ORIGINAL CASE).(gp) (Entered: 04/19/2022)
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Filing 52
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #51) ORDER: granting 50 Letter Motion for Extension of Time to Complete Discovery. The extension of time to complete discovery is granted. The Court Orders the Parties to sign and return the revised scheduling Order, at which point the Court will issue the Order. Plaintiffs have until November 23, 2021 to obtain a certificate of default against Defendant Amedeo Orlando. Motions for Default for Defendants Lyudmir and Taormina are due following completion of litigation. The case will hereinafter remain with Judge Moses for pretrial management. SO ORDERED. Motions due by 11/23/2021. (Signed by Judge Kimba M. Wood on 11/16/2021) (ama) (gp) (Entered: 04/19/2022)
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Filing 51
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #50) JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Kimba M. Wood from Jesse C. Rose dated November 10, 2021. Document filed by Nancy Aponte, Angelo Gabriel Alves Marquez. (Attachments: # 1 Text of Proposed Order).(Rose, Jesse) .(gp) (Entered: 04/19/2022)
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(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037) SUBSEQUENT MEDIATION CONFERENCE. Mediation Conference scheduled for 11/3/2021 at 10:00 AM in telephone or video conference.(rpr) (gp) (Entered: 04/19/2022)
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(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037) MEDIATION CONFERENCE NOT HELD Mediation Conference scheduled for 10/7/2021 was not held. Mediation Status due by 10/20/2021. (sb) (gp) (Entered: 04/19/2022)
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Filing 49
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #48) AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Amedeo Orlando served on 9/1/2021, answer due 9/22/2021. Service was accepted by Nidia Frankola. Document filed by Nancy Aponte; Angelo Gabriel Alves Marquez..(Rose, Jesse) .(gp) (Entered: 04/19/2022)
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Filing 48
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #47)AMENDED ANSWER to. Document filed by Alexander Lyudmir..(Hans, Stephen) .(gp) (Entered: 04/19/2022)
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Filing 47
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #46) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Alexander Lyudmir..(Hans, Stephen) .(gp) (Entered: 04/19/2022)
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Filing 46
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #45) MEDIATION REFERRAL ORDER: It is hereby ORDERED that this case is referred to the Court-annexed Mediation Program. The parties are notified that Local Rule 83.9 and the Mediation Program Procedures shall govern the mediation. The mediation will have no effect upon any Scheduling Order issued by this Court. SO ORDERED. Mediator to be Assigned by 8/25/2021. (Signed by Judge Kimba M. Wood on 8/15/2021) (rj) (gp) (Entered: 04/19/2022)
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Filing 45
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #44) DISCOVERY PLAN: Pursuant to Federal Rule of Civil Procedure 26(f), during a conference on August 11, 2021 between counsel for Plaintiff Nancy Aponte and Angelo Gabriel Alves Marques and counsel for defendant Francesco Taormina and Alexander Lyudmir, counsel for the parties discussed and agreed to the following discovery plan. Deposition due by 1/31/2022. Discovery due by 2/28/2022. SO ORDERED. (Signed by Judge Kimba M. Wood on 8/15/2021) (rj) (Entered: 04/19/2022)
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Filing 44
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #43) SCHEDULING ORDER: It is hereby ordered that: Jury or Non-Jury Trial. Please indicate whether this case will be tried by a jury by checking one of the following: Jury. Estimated trial time, in hours is 30 hours. Joinder of Parties due by 11/11/2021. Motions due by 12/3/2021. Discovery due by 11/12/2021. Proposed Pretrial Order due by 1/7/2022. SO ORDERED. (Signed by Judge Kimba M. Wood on 8/15/2021) (rj) (gp) (Entered: 04/19/2022)
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Filing 43
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #42) ORDER: It is hereby ORDERED that, by August 20, 2021, Defendant Lyudmir must answer the Amended Complaint. The Court hereby adopts the proposed Scheduling Order and Discovery Plan and will issue a separate order referring this case to the Mediation Program of the United States District Court for the Southern District of New York. (See Joint Let. at 1.), Alexander Lyudmir answer due 8/20/2021. (Signed by Judge Kimba M. Wood on 8/15/2021) (rj) (gp) (Entered: 04/19/2022)
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Filing 42
LETTER (ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #41) JOINT LETTER addressed to Judge Kimba M. Wood from Jesse C. Rose dated August 13, 2021 re: Joint Letter attaching Proposed Scheduling Order and Discovery Plan. Document filed by Nancy Aponte, Angelo Gabriel Alves Marquez. (Attachments: # 1 Text of Proposed Order Proposed Scheduling Order, # 2 Supplement Proposed Discovery Plan).(Rose, Jesse) .(gp) (Entered: 04/19/2022)
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Filing 41
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #40) RESPONSE re: 38 Amended Complaint. Document filed by Francesco Taormina..(Tuffarelli, Nicholas) .(gp) (Entered: 04/19/2022)
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Filing 40
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #39) AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Clinton Street Pizza Inc. d/b/a Rizzo's Fine Pizza served on 7/27/2021, answer due 8/17/2021; Alexander Lyudmir served on 7/27/2021, answer due 8/17/2021. Service was made by MAIL. Document filed by Nancy Aponte; Angelo Gabriel Alves Marquez..(Rose, Jesse) .(gp) (Entered: 04/19/2022)
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Filing 39
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #38) AMENDED COMPLAINT amending 1 Complaint, against Nancy Aponte, Angelo Gabriel Alves Marquez with JURY DEMAND.Document filed by Nancy Aponte, Angelo Gabriel Alves Marquez. Related document: 1 Complaint,..(Rose, Jesse) (gp) (Entered: 04/19/2022)
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Filing 38
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #37) ORDER: For the foregoing reasons, Plaintiffs' motion for leave to amend the Complaint is GRANTED. It is hereby ORDERED that: Plaintiffs must file an Amended Complaint by July 23, 2021. Defendants Lyudmir and Taormina must answer the Amended Complaint by August 6, 2021. The parties must file a joint letter, attaching a Proposed Scheduling Order and Discovery Plan, by August 13, 2021. Plaintiffs must update the Court regarding their efforts to serve Defendant Orlando by September 23, 2021. SO ORDERED., ( Amended Pleadings due by 7/23/2021.) (Signed by Judge Kimba M. Wood on 7/16/2021) (ama) (gp) (Entered: 04/19/2022)
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Filing 37
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #36) NOTICE OF APPEARANCE by Stephen D. Hans on behalf of Alexander Lyudmir..(Hans, Stephen) .(gp) (Entered: 04/19/2022)
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Filing 36
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #35) NOTICE OF APPEARANCE by Donna Anne Napolitano on behalf of Francesco Taormina..(Napolitano, Donna) .(gp) (Entered: 04/19/2022)
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Filing 35
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #34) NOTICE OF APPEARANCE by Nicholas Samuel Tuffarelli on behalf of Francesco Taormina..(Tuffarelli, Nicholas) .(gp) (Entered: 04/19/2022)
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Filing 34
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #33) AFFIDAVIT OF SERVICE of Order dated June 1, 2021 served on Alex Lyudmir on June 1, 2021. Service was made by Mail. Document filed by Nancy Aponte, Angelo Gabriel Alves Marquez..(Rose, Jesse) .(gp) (Entered: 04/19/2022)
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Filing 33
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #32) ORDER: The Court has received Plaintiffs' May 24, 2021 letter attaching a proposed amended complaint and clarifying that they intend to pursue four claims against Alexander Lyudmir-the sole defendant to have appeared in this action. (ECF No. 30.) Consistent with the Court's May 17, 2021 Opinion, it is hereby ORDERED that Defendant Lyudmir may file a response to Plaintiffs' letter by June 25, 2021. (See ECF No. 29 at 11.) It is further ORDERED that Plaintiffs' counsel shall serve a copy of this Order on Defendant Lyudmir and file proof of service on the docket. SO ORDERED. (Signed by Judge Kimba M. Wood on 6/01/2021) (ama) (gp) (Entered: 04/19/2022)
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Filing 32
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #31) AFFIDAVIT OF SERVICE of Opinion & Order dated May 17, 2021, Letter to Judge Wood dated May 24, 2021, and Proposed Amended Complaint served on Clinton Street Pizza Inc., Francesco Taormina, and Alexander Lyudmir on May 24, 2021. Service was made by Mail. Document filed by Nancy Aponte, Angelo Gabriel Alves Marquez..(Rose, Jesse) .(gp) (Entered: 04/19/2022)
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Filing 31
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #30) LETTER addressed to Judge Kimba M. Wood from Jesse C. Rose dated 5/24/2021 re: Information requested in the Court's May 17th Opinion and Order. Document filed by Nancy Aponte, Angelo Gabriel Alves Marquez. (Attachments: # 1 Exhibit Proposed Amended Complaint).(Rose, Jesse) .(gp) (Entered: 04/19/2022)
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Filing 30
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #29) OPINION AND ORDER: For the above reasons, Plaintiffs' application for default judgment against Defendants CSP and Taormina is denied without prejudice. It is further ORDERED that: 1. If Plaintiffs wish to proceed, they must file a letter, on or before May 24, 2021, explaining how an amended complaint would state a claim that is consistent with this Opinion. Plaintiffs shall append to the letter a draft proposed amended complaint, red-lined to show the changes from the Complaint. Plaintiffs also must clarify whether they intend to continue to prosecute their claims with respect to Defendants Lyudmir and Orlando. 2. Plaintiffs are directed to serve a copy of this Opinion on Defendants CSP, Taormina, and Lyudmir, and to file proof of service on the docket. Plaintiffs will not be required to attempt to serve a copy of this Opinion on Orlando. 3. Plaintiffs are further directed to serve a copy on Defendant Lyudmir of any submissions that they file, including attachments or exhibits, and to file proof of service on the docket. SO ORDERED. (Signed by Judge Kimba M. Wood on 5/17/2021) (vfr) (gp) (Entered: 04/19/2022)
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Filing 29
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #28) AFFIDAVIT OF SERVICE of Order to Show Cause and supporting documents served on Clinton Street Pizza Inc., Francesco Taormina on 11/23/2020. Service was made by Mail. Document filed by Nancy Aponte, Angelo Gabriel Alves Marquez..(Rose, Jesse) .(gp) (Entered: 04/19/2022)
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Filing 28
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #27) ORDER: Defendants CSP and Taormina are ordered to show cause by January 4, 2021, in writing, why default judgment should not be entered against each of them. Failure to comply with this Order may result in the Court entering default judgment against the defaulting party or parties. Plaintiffs are ordered to serve this Order on Defendants CSP and Taormina and to file proof of such service by December 4, 2020. SO ORDERED. (Signed by Judge Kimba M. Wood on 11/23/2020) (va) (gp) (Entered: 04/19/2022)
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(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037) NOTICE OF CASE REASSIGNMENT to Judge Kimba M. Wood. Judge Laura Taylor Swain is no longer assigned to the case..(wb) .(gp) (Entered: 04/19/2022)
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Filing 27
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #26 ) PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Nancy Aponte, Angelo Gabriel Alves Marquez..(Rose, Jesse) Proposed Default Judgment to be reviewed by Clerk's Office staff. (gp) (Entered: 04/19/2022)
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Filing 26
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #25) AFFIRMATION of Jesse C. Rose in Support re: 24 Proposed Order to Show Cause Without Emergency Relief,. Document filed by Nancy Aponte, Angelo Gabriel Alves Marquez. (Attachments: # 1 Exhibit A - Affidavit of Plaintiff Gabriel, # 2 Exhibit B, Affidavit of Plaintiff Nancy, # 3 Exhibit C, Proposed Default Judgment, # 4 Exhibit D, Clerk's Judgment of Default as to Defendant Rizzo's, # 5 Exhibit E, Clerk'a Cert of Default as to Defendant Taormina, # 6 Exhibit F, Summons and Complaint, # 7 Exhibit G, Proof of Service as to Defendant Rizzo's, # 8 Exhibit H, Proof of Service as to Defendant Taormina).(Rose, Jesse) .(gp) (Entered: 04/19/2022)
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Filing 25
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #24) PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Nancy Aponte, Angelo Gabriel Alves Marquez. Related Document Number: 14..(Rose, Jesse) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. (gp) (Entered: 04/19/2022)
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Filing 24
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #23) CLERK'S CERTIFICATE OF DEFAULT as to Francesco Taormina, issued September 8, 2020.(dt) .(gp) (Entered: 04/19/2022)
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Filing 23
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #22) CLERK'S CERTIFICATE OF DEFAULT as to Clinton Street Pizza Inc. d/b/a Rizzo's Fine Pizza, issued September 8, 2020.(dt) .(gp) (Entered: 04/19/2022)
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Filing 22
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #21) AFFIRMATION of Jesse C. Rose in Support re: 19 Proposed Clerk's Certificate of Default, 20 Proposed Clerk's Certificate of Default,. Document filed by Nancy Aponte, Angelo Gabriel Alves Marquez..(Rose, Jesse) .(gp) (Entered: 04/19/2022)
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Filing 21
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #20) PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Nancy Aponte, Angelo Gabriel Alves Marquez..(Rose, Jesse) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). (gp) (Entered: 04/19/2022)
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Filing 20
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #19) PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Nancy Aponte, Angelo Gabriel Alves Marquez..(Rose, Jesse) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). (gp) (Entered: 04/19/2022)
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Filing 19
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #18 ) FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Nancy Aponte, Angelo Gabriel Alves Marquez. (Attachments: # 1 Affidavit In Support).(Rose, Jesse) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 9/3/2020 (dt). (SEE NOTICE TO ATTORNEY IN THE ORIGINAL CASE).(gp) (Entered: 04/19/2022)
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Filing 18
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #17) FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Nancy Aponte, Angelo Gabriel Alves Marquez.(Rose, Jesse) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 9/3/2020 (dt). (SEE NOTICE TO ATTORNEY IN THE ORIGINAL CASE).(gp) (Entered: 04/19/2022)
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Filing 17
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #16)FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Nancy Aponte, Angelo Gabriel Alves Marquez. (Attachments: # 1 Text of Proposed Order).(Rose, Jesse) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 9/2/2020 (km). ( SEE NOTICE TO ATTORNEY IN ORIGINAL CASE).(gp) (Entered: 04/19/2022)
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Filing 16
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #15) ANSWER to 1 Complaint,. Document filed by Alexander Lyudmir.(sc) .(gp) (Entered: 04/19/2022)
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Filing 15
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #14) ORDER granting 13 Letter Motion for Leave to File Document. Application GRANTED. Plaintiffs shall request a certificate of default no later than September 1, 2020, and shall file their motion for entry of a default judgment no later than September 15, 2020. In accordance with Local Civil Rule 55.2(c), "all papers submitted to the Court pursuant to Local Civil Rule 55.2(a) or (b) above shall simultaneously be mailed to the party against whom default judgment is sought at the last known residence of such party (if an individual) or the last known business address of such party (if a person other than an individual). Proof of such service shall be filed with the Court. If the mailing is returned, a supplemental affidavit shall be filed with the Court setting forth that fact, together with the reason provided for return, if any." (Signed by Magistrate Judge Barbara C. Moses on 8/18/2020) (cf) (gp) (Entered: 04/19/2022)
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Filing 14
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #13) LETTER MOTION for Leave to File Motion for Default Judgment Motion under the proposed Schedule addressed to Magistrate Judge Barbara C. Moses from Jesse C. Rose dated August 14, 2020. Document filed by Nancy Aponte, Angelo Gabriel Alves Marquez..(Rose, Jesse) .(gp) (Entered: 04/19/2022)
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Filing 13
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #12) AFFIDAVIT OF SERVICE of Summons and Complaint,. Alexander Lyudmir served on 7/28/2020, answer due 8/18/2020. Document filed by Nancy Aponte; Angelo Gabriel Alves Marquez..(Rose, Jesse) .(gp) (Entered: 04/19/2022)
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Filing 12
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #11) ORDER, Plaintiffs' request for an extension of their deadline to effect service on defendants not already served with the summons and complaint in this matter (Dkt. No. 8 19) is hereby GRANTED. Plaintiffs' deadline to serve defendants Alexander Lyudmir and Amedeo Orlando, is hereby EXTENDED, pursuant to Fed. R. Civ. P. 4(m), to August 14, 2020. Plaintiffs shall file an updated status letter, no later than August 15, 2020, informing the Court of their efforts to serve defendants Lyudmir and Orlando. SO ORDERED. ( Service due by 8/14/2020.) (Signed by Magistrate Judge Barbara C. Moses on 7/9/20) (yv) (gp) (Entered: 04/19/2022)
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Filing 11
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #10) AFFIDAVIT OF SERVICE of Summons and Complaint,. Francesco Taormina served on 5/30/2020, answer due 6/22/2020. Document filed by Nancy Aponte; Angelo Gabriel Alves Marquez..(Rose, Jesse) .(gp) (Entered: 04/19/2022)
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Filing 10
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #9)AFFIDAVIT OF SERVICE of Summons and Complaint,. Clinton Street Pizza Inc. d/b/a Rizzo's Fine Pizza served on 4/17/2020, answer due 5/8/2020. Service was accepted by Sue Zouky, Business Document Specialist. Document filed by Nancy Aponte; Angelo Gabriel Alves Marquez..(Rose, Jesse) .(gp) (Entered: 04/19/2022)
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Filing 9
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #8 ) AFFIRMATION of Jesse C. Rose re: 7 Order to Show Cause, and Request for Additional Time to Effectuate Service. Document filed by Nancy Aponte, Angelo Gabriel Alves Marquez. (Attachments: # 1 Exhibit A, Affidavit of Service on Clinton Street Pizza, # 2 Exhibit B, Affidavit of Due Diligence on Amadeo Orlando, # 3 Exhibit C, Affidavit of Service on Francesco Taormina).(Rose, Jesse) .(gp) (Entered: 04/19/2022)
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Filing 4
(ORIGINAL DOCUMENT FILED IN CASE 1:20-CV-2037 DOC #3) REQUEST FOR ISSUANCE OF SUMMONS as to Clinton Street Pizza Inc. d/b/a Rizzo's Fine Pizza, Amedeo Orlando individually, and Alexander Lyudmir individually, re: 1 Complaint,. Document filed by Nancy Aponte, Angelo Gabriel Alves Marquez..(Rose, Jesse) .(gp) (Entered: 04/19/2022)
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