Ramirez et al v. Urion Construction LLC et al
| Jose Ramirez, Alejandro Navarrete, Wilmer Caiza and Segundo Yanzapanta |
| Urion Construction LLC and Heriberto Gonzalez Sirias |
| 1:2022cv03342 |
| April 25, 2022 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Labor: Fair Standards |
| 28 U.S.C. § 1331 fl Fed. Question: Fair Labor Standards |
| Plaintiff |
Docket Report
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Filing 15
MEMO ENDORSEMENT on re: #12 Letter,, filed by Wilmer Caiza, Jose Ramirez, Alejandro Navarrete, Segundo Yanzapanta. ENDORSEMENT: The initial pretrial conference scheduled for July 6, 2022, is adjourned to August 10, 2022, at 4:20 P.M. At that time, the parties shall call 888-363-4749 and use access code 558-3333. The parties shall file a joint letter containing Defendants' positions on the issues addressed in Plaintiffs' letter, and a jointly proposed case management plan and scheduling order, by August 3, 2022, at 12:00 P.M. If Defendants do not appear and file an answer before then, Plaintiffs shall move for default judgment in accordance with the Court's Individual Rules by August 3, 2022. So Ordered. ( Motions due by 8/3/2022., Initial Conference set for 8/10/2022 at 04:20 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 6/23/2022) (tg)
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| Filing 14 AFFIDAVIT OF SERVICE of ORDER of the Hon. Lorna G. Schofield, U.S.D.J. dated May 6, 2022; ORDER of the Hon. Lorna G. Schofield, U.S.D.J. dated June 22, 2022; LETTER addressed to Judge Lorna G. Schofield from Roman Avshalumov, Esq. dated June 23, 2022 Re: Status Letter per Court's June 22, 2022 Order; LETTER addressed to Judge Lorna G. Schofield from Roman Avshalumov, Esq. dated June 23, 2022 re: Initial Conference Documents with parties' Proposed Civil Case Management Plan annexed thereto; and Proposed Civil Case Management Pla served on Urion Construction LLC and Heriberto Gonzalez Sirias, as an individual on June 23, 2022. Service was made by Mail. Document filed by Wilmer Caiza(individually), Wilmer Caiza(on behalf of all others similarly situated), Alejandro Navarrete(individually), Alejandro Navarrete(on behalf of all others similarly situated), Jose Ramirez(on behalf of all others similarly situated), Jose Ramirez(individually), Segundo Yanzapanta(on behalf of all others similarly situated), Segundo Yanzapanta(individually)..(Avshalumov, Roman) |
| Filing 13 LETTER addressed to Judge Lorna G. Schofield from Roman Avshalumov, Esq. dated June 23, 2022 re: Initial Conference Documents with parties' Proposed Civil Case Management Plan annexed thereto. Document filed by Wilmer Caiza(individually), Wilmer Caiza(on behalf of all others similarly situated), Alejandro Navarrete(individually), Alejandro Navarrete(on behalf of all others similarly situated), Jose Ramirez(on behalf of all others similarly situated), Jose Ramirez(individually), Segundo Yanzapanta(on behalf of all others similarly situated), Segundo Yanzapanta(individually). (Attachments: #1 Exhibit A (Proposed Civil Case Management Plan)).(Avshalumov, Roman) |
| Filing 12 LETTER addressed to Judge Lorna G. Schofield from Roman Avshalumov, Esq. dated June 23, 2022 re: Status Letter per Court's June 22, 2022 Order. Document filed by Wilmer Caiza(individually), Wilmer Caiza(on behalf of all others similarly situated), Alejandro Navarrete(individually), Alejandro Navarrete(on behalf of all others similarly situated), Jose Ramirez(on behalf of all others similarly situated), Jose Ramirez(individually), Segundo Yanzapanta(on behalf of all others similarly situated), Segundo Yanzapanta(individually)..(Avshalumov, Roman) |
| Filing 11 NOTICE OF APPEARANCE by Avraham Y. Scher on behalf of Wilmer Caiza(individually), Wilmer Caiza(on behalf of all others similarly situated), Alejandro Navarrete(individually), Alejandro Navarrete(on behalf of all others similarly situated), Jose Ramirez(on behalf of all others similarly situated), Jose Ramirez(individually), Segundo Yanzapanta(on behalf of all others similarly situated), Segundo Yanzapanta(individually)..(Scher, Avraham) |
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Filing 10
ORDER: It is hereby ORDERED that, if Plaintiffs are in communication with Defendants, the parties shall file the joint letter and proposed case management plan as soon as possible and no later than June 23, 2022, and shall explain why they have not complied with the Court's deadlines. If Defendants refuse to cooperate in the preparation of these documents, Plaintiffs shall prepare and file them. If Plaintiffs are not in communication with Defendants, no later than June 23, 2022, Plaintiffs shall file a letter (1) requesting further adjournment of the initial pretrial conference for up to 30 days and (2) proposing a date prior to the conference to present an Order to Show Cause for default judgment as to Defendants and related papers as provided in the Court's Individual Rules. It is further ORDERED that the initial pretrial conference scheduled for June 29, 2022, at 4:20 P.M. is adjourned to July 6, 2022, at 4:20 P.M. Initial Conference set for 7/6/2022 at 04:20 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 6/22/2022) (mml)
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| Filing 9 SUMMONS RETURNED EXECUTED. Heriberto Gonzalez Sirias served on 5/26/2022, answer due 6/16/2022. Service was accepted by Maria, wife. Document filed by Jose Ramirez(on behalf of all others similarly situated); Wilmer Caiza(individually); Segundo Yanzapanta(on behalf of all others similarly situated); Alejandro Navarrete(individually); Jose Ramirez(individually); Segundo Yanzapanta(individually); Wilmer Caiza(on behalf of all others similarly situated); Alejandro Navarrete(on behalf of all others similarly situated)..(Avshalumov, Roman) |
| Filing 8 SUMMONS RETURNED EXECUTED. Urion Construction LLC served on 5/26/2022, answer due 6/16/2022. Service was accepted by MARIA, AUTHORIZED TO ACCEPT. Document filed by Jose Ramirez(on behalf of all others similarly situated); Wilmer Caiza(individually); Alejandro Navarrete(individually); Jose Ramirez(individually); Wilmer Caiza(on behalf of all others similarly situated); Alejandro Navarrete(on behalf of all others similarly situated)..(Avshalumov, Roman) |
| Filing 7 SUMMONS RETURNED EXECUTED. Urion Construction LLC served on 5/5/2022, answer due 5/26/2022. Service was accepted by Sue Zouky AUTHORIZED AGENT. Document filed by Jose Ramirez(on behalf of all others similarly situated); Wilmer Caiza(individually); Segundo Yanzapanta(on behalf of all others similarly situated); Alejandro Navarrete(individually); Jose Ramirez(individually); Segundo Yanzapanta(individually); Wilmer Caiza(on behalf of all others similarly situated); Alejandro Navarrete(on behalf of all others similarly situated)..(Avshalumov, Roman) |
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Filing 6
ORDER: Initial Conference set for 6/29/2022 at 04:20 PM before Judge Lorna G. Schofield. The parties shall call (888) 363-4749 and enter the access code 558-3333. SO ORDERED. (Signed by Judge Lorna G. Schofield on 5/6/2022) (ks)
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| Filing 5 ELECTRONIC SUMMONS ISSUED as to Heriberto Gonzalez Sirias, Urion Construction LLC..(pc) |
| ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Jose Ramirez, Segundo Yanzapanta, Alejandro Navarrete, Wilmer Caiza added. Party added pursuant to #1 Complaint.Document filed by Jose Ramirez, Segundo Yanzapanta, Alejandro Navarrete, Wilmer Caiza. Related document: #1 Complaint..(Avshalumov, Roman) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Roman Mikhail Avshalumov. The party information for the following party/parties has been modified: Segundo Yanzapanta, Jose Ramirez, Wilmer Caiza, Alejandro Navarrete. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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..(pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Roman Mikhail Avshalumov re: Document No. #1 Complaint. The filing is deficient for the following reason(s): Add Segundo Yanzapanta, Jose Ramirez, Wilmer Caiza, Alejandro Navarrete to CM ECF with the party text "on behalf of all others similarly situated" for each. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (pc) |
| Magistrate Judge Robert W. Lehrburger 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. (pc) |
| Case Designated ECF. (pc) |
| Filing 4 NOTICE OF APPEARANCE by James Patrick Peter O'Donnell on behalf of Wilmer Caiza, Alejandro Navarrete, Jose Ramirez, Segundo Yanzapanta..(O'Donnell, James) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to JOSE RAMIREZ, ALEJANDRO NAVARRETE, WILMER CAIZA, and SEGUNDO YANZAPANTA vs. URION CONSTRUCTION LLC and HERIBERTO GONZALEZ SIRIAS, re: #1 Complaint. Document filed by Wilmer Caiza, Alejandro Navarrete, Jose Ramirez, Segundo Yanzapanta..(Avshalumov, Roman) |
| Filing 2 CIVIL COVER SHEET filed..(Avshalumov, Roman) |
| Filing 1 COMPLAINT against Heriberto Gonzalez Sirias, Urion Construction LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-26052536)Document filed by Segundo Yanzapanta, Jose Ramirez, Wilmer Caiza, Alejandro Navarrete..(Avshalumov, Roman) |
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