Lopez v. Dutch Express LLC et al
| Diana Lopez |
| Dutch Express LLC, Marcus Hoed, Ariella Azogui and Aviv Siso |
| 1:2022cv05180 |
| June 21, 2022 |
| US District Court for the Southern District of New York |
| John G Koeltl |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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Filing 19
ORDER: The case is stayed pending confirmation that the case will be dismissed in view of the parties' arbitration. SO ORDERED. (Signed by Judge John G. Koeltl on 11/10/2022) (ama)
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| Case Stayed (ama) |
| Minute Entry for proceedings held before Judge John G. Koeltl: Initial Pretrial Conference held on 11/10/2022. (Fletcher, Donnie) |
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Filing 18
STIPULATION AND ORDER: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between Lopez and Dutch Express (collectively, the "Parties"), through their respective counsel, that no limitation, waiver, release or condition contained in Paragraph 28 of the Arbitration Agreement shall be applied to, or interpreted to apply to, any claim by Lopez for recovery under the FLSA, NYLL, or Wage Theft Prevention Act ("WTPA") in any arbitral forum, and that the terms of those statutes shall govern any such claims asserted by Lopez pursuant thereto; IT IS HEREBY FURTHER STIPULATED AND AGREED that the Parties agree to waive the portion of Paragraph 19 of the Arbitration Agreement that provides that: "to the extent permitted by applicable law, Employee agrees that if Employee files a court action concerning a Covered Claim, or refuses to arbitrate a Covered Claim, the Company shall be entitled to recover its costs including any applicable AAA costs and reasonable attorneys' fees incurred in enforcing the arbitration provisions of this Agreement"; IT IS HEREBY FURTHER STIPULATED AND AGREED that the Parties agree that Lopez's FLSA, NYL L and WTPA claims are to be interpreted as, and to be considered "Statutory Claims" as such term is used in the Arbitration Agreement; IT IS HEREBY FURTHER STIPULATED AND AGREED that the Parties expressly reserve, and do not waive, the right to make all other legal and/or factual arguments concerning any statute of limitations period, including, but not limited to, arguments concerning the time at which any claim accrued, and arguments concerning whether any particular act or omission falls within the applicable limitations period; IT IS HEREBY FURTHER STIPULATED AND AGREED that nothing in this Stipulation shall be construed as an admission or concession of liability by Dutch Express regarding any of the allegations made by Lopez in the Action; and IT IS HEREBY FURTHER STIPULATED AND AGREED that digital or electronic signatures on this stipulation shall have the same force and effect as originals. SO ORDERED. (Signed by Judge John G. Koeltl on 11/3/2022) (tg)
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| Filing 17 PROPOSED STIPULATION AND ORDER. Document filed by Diana Lopez. (Attachments: #1 Text of Proposed Order).(Mizrahi, Eunon) |
| Filing 16 JOINT LETTER addressed to Judge John G. Koeltl from Casey J. Hail dated 10/26/2022 re: Case Status. Document filed by Ariella Azogui, Dutch Express LLC, Marcus Hoed, Aviv Siso..(Hail, Casey) |
| Minute Entry for proceedings held before Judge John G. Koeltl: Telephone Conference held on 10/19/2022. (Fletcher, Donnie) |
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Filing 15
ORDER. As discussed at today's conference, the parties shall submit a letter to the Court by October 26, 2022 explaining the status of the case. SO ORDERED. (Signed by Judge John G. Koeltl on 10/19/22) (yv)
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Filing 14
MEMO ENDORSEMENT on re: #13 Letter filed by Dutch Express LLC, Ariella Azogui, Aviv Siso, Marcus Hoed. ENDORSEMENT: A pre-motion conference will be held on Wednesday, October 19, 2022, at 2:30pm. Dial-in: (888) 363-4749. Access Code. 8140049. SO ORDERED. (Telephone Conference set for 10/19/2022 at 02:30 PM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 10/11/2022) (jca)
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| Filing 13 LETTER addressed to Judge John G. Koeltl from Casey J. Hail dated 10/7/2022 re: Request for Pre-Motion Conference. Document filed by Ariella Azogui, Dutch Express LLC, Marcus Hoed, Aviv Siso..(Hail, Casey) |
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Filing 12
ORDER granting #11 Letter Motion for Extension of Time. APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 9/8/2022) (ks)
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| Set/Reset Deadlines: Ariella Azogui answer due 10/7/2022; Dutch Express LLC answer due 10/7/2022; Marcus Hoed answer due 10/7/2022; Aviv Siso answer due 10/7/2022. (ks) |
| Filing 11 LETTER MOTION for Extension of Time to Respond to Complaint addressed to Judge John G. Koeltl from Casey J. Hail dated 09/08/2022. Document filed by Dutch Express LLC. (Attachments: #1 Exhibit Mutual Agreement to Arbitrate).(Hail, Casey) |
| Filing 10 NOTICE OF APPEARANCE by Casey Jo Hail on behalf of Ariella Azogui, Dutch Express LLC, Marcus Hoed, Aviv Siso..(Hail, Casey) |
| Filing 9 NOTICE OF APPEARANCE by Jonathan L. Adler on behalf of Ariella Azogui, Dutch Express LLC, Marcus Hoed, Aviv Siso..(Adler, Jonathan) |
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Filing 8
ORDER granting #7 Letter Motion to Adjourn Conference. Conference adjourned to November 10, 2022 at 2:30 P.M. SO ORDERED.. (Signed by Judge John G. Koeltl on 9/6/2022) Initial Conference set for 11/10/2022 at 02:30 PM before Judge John G. Koeltl. (ks)
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| Filing 7 LETTER MOTION to Adjourn Conference addressed to Judge John G. Koeltl from Jason Mizrahi dated September 6, 2022. Document filed by Diana Lopez..(Mizrahi, Eunon) |
| Filing 6 SUMMONS RETURNED EXECUTED. Dutch Express LLC served on 7/12/2022, answer due 8/2/2022. Document filed by Diana Lopez..(Levin-Epstein, Joshua) |
| Minute Entry for proceedings held before Judge John G. Koeltl: Initial Conference set for 9/13/2022 at 03:30 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Ariella Azogui, Dutch Express LLC, Marcus Hoed, Aviv Siso. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Joshua Levin-Epstein to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): Signature Error. Signature of the ECF Filing Attorney user not provided. Re-file the pleading using the event type 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. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. 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 Gabriel W. Gorenstein 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 4 REQUEST FOR ISSUANCE OF SUMMONS as to Dutch Express LLC, Marcus Hoed, Ariella Azogui, and Aviv Siso, re: #1 Complaint. Document filed by Diana Lopez..(Levin-Epstein, Joshua) |
| Filing 3 CIVIL COVER SHEET filed..(Levin-Epstein, Joshua) |
| Filing 2 CONSENT TO SUE. Document filed by Diana Lopez..(Levin-Epstein, Joshua) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - COMPLAINT against Ariella Azogui, Dutch Express LLC, Marcus Hoed, Aviv Siso. (Filing Fee $ 402.00, Receipt Number ANYSDC-26303213)Document filed by Diana Lopez..(Levin-Epstein, Joshua) Modified on 6/22/2022 (vf). |
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