Xochipa v. IHR1 Construction Inc. et al
Ignacio Xochipa and Jose Luis Oriol |
Israel Antonio Gomez Hernandez, IHR1 Construction Inc., Israel Hernandez and Mirian Miranda |
1:2022cv07332 |
August 27, 2022 |
US District Court for the Southern District of New York |
Analisa Torres |
Labor: Fair Standards |
29 U.S.C. § 201 Fair Labor Standards Act |
Plaintiff |
Docket Report
This docket was last retrieved on November 16, 2023. A more recent docket listing may be available from PACER.
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Filing 10 CONSENT TO SUE. Document filed by Jose Luis Oriol..(Levin-Epstein, Joshua) |
Filing 9 AFFIDAVIT OF SERVICE of (i) the Individual Rules of Practice of the Honorable Analisa Torres, U.S.D.J.; and (ii) the September 9, 2022 Initial Pretrial Scheduling Order [Dckt. No. 8] served on IHR1 Construction Inc., Israel Antonio Gomez Hernandez (a/k/a Israel Hernandez) and Mirian Miranda on September 8, 2022. Service was made by Mail. Document filed by Ignacio Xochipa..(Mizrahi, Eunon) |
Filing 8 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 October 26, 2022, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. COUNSEL FOR PLAINTIFF IS DIRECTED TO IMMEDIATELY SEND A COPY OF THIS ORDER AND THE COURT'S INDIVIDUAL PRACTICES TO ALL PARTIES. SO ORDERED. (Signed by Judge Analisa Torres on 9/8/22) (yv) |
Filing 7 ORDER. 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 October 26, 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. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by October 26, 2022, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Analisa Torres on 9/8/22) (yv) |
Filing 6 ORDER. 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 9/8/22) (yv) |
Filing 5 ELECTRONIC SUMMONS ISSUED as to Israel Antonio Gomez Hernandez, IHR1 Construction Inc., Mirian Miranda. (sj) |
Case Designated ECF. (sj) |
Magistrate Judge Valerie Figueredo 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. (sj) |
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joshua Levin-Epstein. The party information for the following party/parties has been modified: Miriam Miranda. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (sj) |
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joshua Levin-Epstein. The party information for the following party/parties has been modified: Ignacio Xochipa, on behalf of himself and others similarly situated in the proposed Collective Action,. The information for the party/parties has been modified for the following reason/reasons: party text contained a typographical error. (sj) |
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..(sj) |
Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to IHR1 Construction Inc., Israel Antonio Gomez Hernandez (a/k/a Israel Hernandez), and Mirian Miranda, re: #1 Complaint. Document filed by Ignacio Xochipa..(Levin-Epstein, Joshua) |
Filing 3 CIVIL COVER SHEET filed..(Levin-Epstein, Joshua) |
Filing 2 CONSENT TO SUE. Document filed by Ignacio Xochipa..(Levin-Epstein, Joshua) |
Filing 1 COMPLAINT against Israel Antonio Gomez Hernandez, IHR1 Construction Inc., Miriam Miranda. (Filing Fee $ 402.00, Receipt Number ANYSDC-26602819)Document filed by Ignacio Xochipa..(Levin-Epstein, Joshua) |
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