Mosso et al v. 910 Seventh Ave Rest LLC et al
| Juan Mosso, Norberto Garcia, Johnny Chamorro, Adrian Santiago Ramirez and Andres Ortiz Mendoza |
| 910 Seventh Ave Rest LLC d/b/a/ 9Ten Restaurant, Theodore Katsihtis, Demetrios Glekas and 910 Seventh Ave Rest LLC doing business as 9Ten Restaurant |
| 1:2022cv04584 |
| June 2, 2022 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Denial of Overtime Compensation |
| None |
Docket Report
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| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 7/13/2022.(ah) |
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 6/21/2022. (Signed by Judge Analisa Torres on 12/10/2019) (jpt)
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| Filing 8 WAIVER OF SERVICE RETURNED EXECUTED. 910 Seventh Ave Rest LLC waiver sent on 6/2/2022, answer due 8/1/2022; Demetrios Glekas waiver sent on 6/2/2022, answer due 8/1/2022; Theodore Katsihtis waiver sent on 6/2/2022, answer due 8/1/2022. Document filed by Johnny Chamorro; Norberto Garcia; Andres Ortiz Mendoza..(Samuel, Michael) |
| Filing 7 NOTICE OF APPEARANCE by Steven Siegler on behalf of 910 Seventh Ave Rest LLC, Demetrios Glekas, Theodore Katsihtis..(Siegler, Steven) |
| Filing 6 NOTICE OF APPEARANCE by Andreas Koutsoudakis on behalf of 910 Seventh Ave Rest LLC, Demetrios Glekas, Theodore Katsihtis..(Koutsoudakis, Andreas) |
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Filing 5
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If all parties consent to proceed before the Magistrate Judge, counsel for Defendants shall, by September 30, 2022, file a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, available at https://nysd.uscourts.gov/node/754 and attached to this order, on the docket. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. An information sheet on proceedings before magistrate judges is also attached to this order. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. And as set forth herein. SO ORDERED. (Signed by Judge Analisa Torres on 6/03/2022) (ama)
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Filing 4
INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by September 30, 2022, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. (Signed by Judge Analisa Torres on 6/3/2022) (kv)
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Filing 3
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 6/3/2022) (kv)
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| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Steven Samuel. The party information for the following party/parties has been modified: Adrian Santiago Ramirez, Juan Mosso, Johnny Chamorro, Norberto Garcia, Andres Ortiz Mendoza. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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) |
| 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. (vf) |
| Case Designated ECF. (vf) |
| Filing 2 CIVIL COVER SHEET filed..(Samuel, Michael) |
| Filing 1 COMPLAINT against 910 Seventh Ave Rest LLC, Demetrios Glekas, Theodore Katsihtis. (Filing Fee $ 402.00, Receipt Number ANYSDC-26230328)Document filed by Adrian Santiago Ramirez, Juan Mosso, Johnny Chamorro, Norberto Garcia, Andres Ortiz Mendoza..(Samuel, Michael) |
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