Liburd v. KTB Coffee Shop
| Alyn Liburd |
| KTB Coffee Shop |
| 1:2022cv06749 |
| August 9, 2022 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 30, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 12 AFFIRMATION of Jason Mizrahi, Esq in Support. Document filed by Alyn Liburd..(Mizrahi, Eunon) |
| Mailed a copy of #11 Memo Endorsement, to KTB Coffee Shop at 323 Ridge Road, North Arlington, NJ 07032. (dsh) |
Filing 11
MEMO ENDORSEMENT on re: #10 Letter,, filed by KTB Coffee Shop. ENDORSEMENT: As stated in the Court's September 8, 2022 Endorsement, Dkt. 8, a limited liability company may only appear in federal court through a licensed attorney. See Lattanzio v. COMTA, 481 F.3d 137, 140 (2d Cir. 2007). The Court interprets the instant letter as a request by Defendant for pro bono counsel. The Court has identified a firm that may be interested in taking the case. Defendant must inform the Court by close of business Monday, October 3, 2022 if Defendant is NOT interested in pro bono counsel. Otherwise, Defendant must contact chambers directly at CaproniNYSDchambers@nysd.uscourts.gov, or by calling 212-805-6350, to obtain the name and contact information for the attorney who may be willing and able to represent Defendant pro bono. Defendant's deadline to obtain counsel and file an appearance on the docket is extended to November 18, 2022. Plaintiff is directed to serve a copy of this Endorsement on Defendant and file proof of service on the docket by no later than September 30, 2022. The Clerk of Court is also respectfully directed to mail a copy of this Endorsement to the address on file for Defendant. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/28/2022) (tg) Transmission to Docket Assistant Clerk for processing.
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| Filing 10 LETTER addressed to Judge Valerie E. Caproni from Tatiane Baignosche, Owner and Operator of KTB Coffee Shop, re: We are a small mom an pop shop in New Jersey struggling to keep our doors open because of the impact of the pandemic. We looked for representation in New York to dispute the allegations of the civil action against us. The lawyer fees will cost us over six months of rent, and we will not be able to afford to keep our business running etc. We humbly request that the plaintiff bring these allegations to the New Jersey Departmnet of Labor where we will be able to defend our business fairly. Document filed by KTB Coffee Shop.(sc) Modified on 9/23/2022 (sc). |
| Filing 9 AFFIDAVIT OF SERVICE of Affirmation of Service served on KTB Coffee Shop on September 8, 2022. Service was made by Mail. Document filed by Alyn Liburd..(Levin-Epstein, Joshua) |
|
Filing 8
MEMO ENDORSEMENT: on re: #7 Letter filed by KTB Coffee Shop. ENDORSEMENT: Application DENIED without prejudice. A limited liability company may only appear in federal court through a licensed attorney. See Lattanzio v. COMTA, 481 F.3d 137, 140 (2d Cir. 2007). Pursuant to Rule 1 of the Undersigned's Individual Practices, all counsel must file Notices of Appearance on ECF before filing any materials on ECF. Moreover, motions to dismiss must adhere to the requirements under SDNY Local Rule 7.1, and cannot be styled as letter motions. IT IS HEREBY ORDERED that the deadline for Defendant to obtain counsel and file an appearance on the docket is October 7, 2022; Defendant's deadline to answer, move, or otherwise respond to the Complaint is adjourned to 30 days after retaining counsel. IT IS FURTHER ORDERED that Plaintiff must serve a copy of this order on Defendant and file proof of service on the docket by no later than September 9, 2022. The Clerk of Court is also respectfully directed to mail a copy of this Order to the address on file for Defendant. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/08/2022) (ama) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #8 Memo Endorsement, Set Deadlines/Hearings to KTB Coffee Shop at 323 Ridge Road, North Arlington, NJ 07032. (kh) |
| Filing 7 LETTER addressed to Judge Valerie E. Caproni from K. Baignosche and T. Baignosche, dated 8/31/22 re: We respectfully request a motion to dismiss this case, based on the location of our business being located in the State of New Jersey; and we are not subject to New York labor laws and do not meet he criteria for the Fair Labor Standard Act based on company size. Document filed by KTB Coffee Shop.(sc) |
| Filing 6 SUMMONS RETURNED EXECUTED. KTB Coffee Shop served on 8/17/2022, answer due 9/7/2022. Service was accepted by Ayrton Cajilema, General Agent. Document filed by Alyn Liburd..(Levin-Epstein, Joshua) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to KTB Coffee Shop..(jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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..(jgo) |
| 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. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to KTB Coffee Shop, re: #1 Complaint. Document filed by Alyn Liburd..(Levin-Epstein, Joshua) |
| Filing 3 CIVIL COVER SHEET filed..(Levin-Epstein, Joshua) |
| Filing 2 CONSENT TO SUE. Document filed by Alyn Liburd..(Levin-Epstein, Joshua) |
| Filing 1 COMPLAINT against KTB Coffee Shop. (Filing Fee $ 402.00, Receipt Number ANYSDC-26521663)Document filed by Alyn Liburd..(Levin-Epstein, Joshua) |
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| Plaintiff: Alyn Liburd | |
| Represented By: | Joshua Levin-Epstein |
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| Defendant: KTB Coffee Shop | |
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