Diaz v. A & M Tasty Snacks, Inc., et al.
Plaintiff: Felix Diaz
Defendant: Utz Quality Foods, Inc., Utz Quality Foods, LLC, A & M Tasty Snacks, Inc., Ahmed Mohamed and Medhat Elsherbiny
Case Number: 1:2022cv07361
Filed: August 29, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: Ronnie Abrams
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 201 Fair Labor Standards Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 11, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 24, 2023 Filing 19 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to A & M Tasty Snacks, Inc., Ahmed Mohamed, and Medhat Elsherbiny, re: #16 Amended Complaint. Document filed by Felix Diaz..(Levin-Epstein, Joshua)
February 22, 2023 Opinion or Order Filing 18 ORDER OF DISMISSAL: IT IS ORDERED this 22 day of February, 2023, that, following Plaintiff's filing of an amended Complaint (Dkt. No. 16) solely against A & M Tasty Snacks, Inc., Ahmed Mohamed, and Medhat Elsherbiny, the defendants Utz Quality Foods, Inc. and Utz Quality Foods, LLC (collectively, "Utz") are hereby dismissed as Defendants as to all causes of action, without prejudice; and IT IS FURTHER ORDERED that the Clerk change the formal name of the case on the Court's Docket from "Diaz v. Utz Quality Foods, Inc., et al." to "Diaz v. A & M Tasty Snacks, Inc., et al." Plaintiff and Utz shall bear their own costs, expenses, and attorneys' fees. Medhat Elsherbiny and Ahmed Mohamed terminated. (Signed by Judge Ronnie Abrams on 2/22/2023) (ate)
January 12, 2023 Filing 17 LETTER addressed to Judge Ronnie Abrams from Richard J. Reibstein on behalf of Utz Defendants dated January 12, 2023 re: Request for Entry of Order Dismissing the Utz Defendants from Case. Document filed by Utz Quality Foods, Inc., Utz Quality Foods, LLC. (Attachments: #1 Text of Proposed Order Proposed Order).(Reibstein, Richard)
December 29, 2022 Filing 16 AMENDED COMPLAINT amending #1 Complaint against A & M Tasty Snacks, Inc., Ahmed Mohamed, Medhat Elsherbiny with JURY DEMAND.Document filed by Felix Diaz. Related document: #1 Complaint..(Levin-Epstein, Joshua)
December 29, 2022 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Joshua Levin-Epstein to RE-FILE Document No. #15 Amended Complaint,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct;. Re-file the pleading using the event type Amended 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. (pc)
December 28, 2022 Filing 15 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - AMENDED COMPLAINT amending #1 Complaint against Utz Quality Foods, Inc., Utz Quality Foods, LLC with JURY DEMAND.Document filed by Felix Diaz. Related document: #1 Complaint..(Levin-Epstein, Joshua) Modified on 12/29/2022 (pc).
December 27, 2022 Opinion or Order Filing 14 ORDER granting #13 Letter Motion for Leave to File Document. Application granted. Plaintiff is hereby granted leave to file the Amended Complaint. See Fed. R. Civ. P. 15(a)(2). SO ORDERED.. (Signed by Judge Ronnie Abrams on 12/27/2022) (kv)
December 26, 2022 Filing 13 LETTER MOTION for Leave to File First Amended Complaint addressed to Judge Ronnie Abrams from Jason Mizrahi, Esq. dated December 26, 2022. Document filed by Felix Diaz. (Attachments: #1 Exhibit A).(Mizrahi, Eunon)
December 16, 2022 Opinion or Order Filing 12 MEMO ENDORSEMENT on re: #11 Letter, filed by Utz Quality Foods, Inc., Utz Quality Foods, LLC. ENDORSEMENT: Plaintiff are directed to file a response by letter no later than December 23, 2022. SO ORDERED. (Signed by Judge Ronnie Abrams on 12/16/2022) (tg)
December 15, 2022 Filing 11 LETTER addressed to Judge Ronnie Abrams from Richard J. Reibstein on behalf of Defendant Utz Quality Foods, LLC dated December 15, 2022 re: Request for Court Intervention. Document filed by Utz Quality Foods, Inc., Utz Quality Foods, LLC..(Reibstein, Richard)
November 2, 2022 MEDIATION CONFERENCE NOT HELD Mediation Conference scheduled for 10/20/2022 was not held. Mediation Status due by 11/17/2022.(mnp)
October 13, 2022 FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 10/20/2022 at 10:00 AM in telephone or video conference.(mnp)
September 13, 2022 NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 10/13/2022.(ah)
September 12, 2022 Filing 10 SUMMONS RETURNED EXECUTED. Utz Quality Foods, LLC served on 9/6/2022, answer due 9/27/2022. Document filed by Felix Diaz..(Levin-Epstein, Joshua)
September 7, 2022 Opinion or Order 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 9/21/2022. (Signed by Judge Ronnie Abrams on 12/10/2019) (jpt)
September 6, 2022 Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Utz Brands, Inc. for Utz Quality Foods, Inc., Utz Quality Foods, LLC. Document filed by Utz Quality Foods, Inc., Utz Quality Foods, LLC..(Reibstein, Richard)
September 6, 2022 ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Richard Jay Reibstein to RE-FILE Document No. #6 Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): the corporate parent/other affiliate was not added;. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes radio button - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time. (lb)
September 2, 2022 Filing 7 ANSWER to #1 Complaint. Document filed by Utz Quality Foods, Inc., Utz Quality Foods, LLC..(Reibstein, Richard)
September 2, 2022 Filing 6 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by Utz Quality Foods, Inc., Utz Quality Foods, LLC..(Reibstein, Richard) Modified on 9/6/2022 (lb).
August 30, 2022 Filing 5 ELECTRONIC SUMMONS ISSUED as to Utz Quality Foods, Inc., Utz Quality Foods, LLC. (vf)
August 30, 2022 Magistrate Judge Stewart D. Aaron 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)
August 30, 2022 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. 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)
August 30, 2022 Case Designated ECF. (vf)
August 29, 2022 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Utz Quality Foods, Inc., and Utz Quality Foods, LLC, re: #1 Complaint. Document filed by Felix Diaz..(Levin-Epstein, Joshua)
August 29, 2022 Filing 3 CIVIL COVER SHEET filed..(Levin-Epstein, Joshua)
August 29, 2022 Filing 2 CONSENT TO SUE. Document filed by Felix Diaz..(Levin-Epstein, Joshua)
August 29, 2022 Filing 1 COMPLAINT against Utz Quality Foods, Inc., Utz Quality Foods, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-26606310)Document filed by Felix Diaz..(Levin-Epstein, Joshua)

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Plaintiff: Felix Diaz
Represented By: Joshua Levin-Epstein
Represented By: Eunon Jason Mizrahi
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Defendant: Utz Quality Foods, Inc.
Represented By: Richard Jay Reibstein
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Defendant: Utz Quality Foods, LLC
Represented By: Richard Jay Reibstein
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Defendant: A & M Tasty Snacks, Inc.
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Defendant: Ahmed Mohamed
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Defendant: Medhat Elsherbiny
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