Acevedo v. El Bandido Restaurant Inc. et al
| Victor Acevedo |
| El Bandido Restaurant Inc., Donatello Manuel Tello, El Bandido Spring Valley, El Bandido Middletown and Tony Tello |
| 1:2022cv08180 |
| September 23, 2022 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| None |
Docket Report
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This docket was last retrieved on February 27, 2024. A more recent docket listing may be available from PACER.
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| Filing 17 SUMMONS RETURNED EXECUTED. Donatello Manuel Tello served on 10/10/2022, answer due 10/31/2022. Service was accepted by Rafael Ortiz, Employee. Document filed by Victor Acevedo..(Morales, Katherine) |
Filing 16
SETTLEMENT CONFERENCE ORDER: A settlement conference is scheduled for Wednesday, December 14, 2022, at 10:00 a.m. in in Courtroom 219, Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. The parties are directed to review and comply with the Procedures for Cases Referred for Settlement to Magistrate Judge Sarah Netburn, a copy of which is available on the Court's website at https://nysd.uscourts.gov/hon-sarah-netburn. The parties are strongly encouraged to engage in good-faith settlement negotiations before the settlement conference and preferably before the submission to the Court of the Ex Parte Settlement Letters and Acknowledgment Forms, which are to be submitted by Wednesday, December 7, 2022 by e-mail to Netburn_NYSDChambers@nysd.uscourts.gov. Should the parties resolve the litigation before the conference date, they must notify the Court in writing immediately. (Settlement Conference set for 12/14/2022 at 10:00 AM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 10/26/2022) (ras) .
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Filing 15
ORDER: On September 28, 2022, the Honorable Jesse M. Furman assigned this matter to my docket for settlement. By October 25, 2022, the parties are directed to email Courtroom Deputy Rachel Slusher at Rachel_Slusher@nysd.uscourts.gov with three mutually convenient dates to schedule a settlement conference. Due to the Court's busy calendar, settlement conferences must generally be scheduled at least six to eight weeks in advance. The Court will likely be unable to accommodate last-minute requests for settlement conferences, and the parties should not anticipate that litigation deadlines will be adjourned in response to late requests for settlement conferences. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 10/19/2022) (tg)
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| Filing 14 NOTICE OF APPEARANCE by Michael Jay Glidden on behalf of El Bandido Restaurant Inc., Donatello Manuel Tello..(Glidden, Michael) |
| Filing 13 NOTICE OF APPEARANCE by Anthony Joseph Bragaglia on behalf of El Bandido Restaurant Inc., Donatello Manuel Tello..(Bragaglia, Anthony) |
| Filing 12 ANSWER to #1 Complaint. Document filed by El Bandido Restaurant Inc., Donatello Manuel Tello..(Bragaglia, Anthony) |
| Filing 11 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by El Bandido Restaurant Inc...(Bragaglia, Anthony) |
| Filing 10 SUMMONS RETURNED EXECUTED. El Bandido Restaurant Inc. served on 10/5/2022, answer due 10/26/2022. Service was accepted by Nancy Dougherty Authorized Agent in the Office of the Secretary of State. Document filed by Victor Acevedo..(Grunfeld, Nicole) |
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Filing 9
ORDER REGARDING EARLY SETTLEMENT CONFERENCE AND THE INITIAL PRETRIAL CONFERENCE: This case, involving claims under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. 201 et seq., has been assigned to this Court for all purposes. In the Court's experience, cases involving FLSA claims often benefit from an early settlement conference. To that end, by separate Order to be entered today, the Court is referring this case to the assigned Magistrate Judge for settlement purposes. Unless and until the Court orders otherwise, no later than one week after an answer is filed, the parties shall contact the Chambers of the assigned Magistrate Judge to schedule a settlement conference to take place at least two weeks before the initial pretrial conference scheduled below. Further, to facilitate those settlement discussions, the parties shall, no later than three weeks after an answer is filed, exchange limited discovery in aid of settlement; the parties shall confer with respect to the scope of such limited discovery, and promptly raise any disputes with the assigned Magistrate Judge in accordance with his or her Individual Rules and Practices. Separate and apart from the foregoing, unless and until the Court orders otherwise, counsel for all parties shall appear for an initial pretrial conference with the Court on January 5, 2023, at 9:00 a.m. The conference will be held remotely by telephone in accordance with Paragraph 3.B of the Court's Individual Rules and Practices in Civil Cases. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. All counsel must also familiarize themselves with the Court's Individual Rules, which are available at http://nysd.uscourts.gov/judge/Furman. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. And as set forth herein. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Courts Individual Rules and Practices forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Court's Individual Rules and Practices to that party personally. SO ORDERED. Initial Conference set for 1/5/2023 at 09:00 AM before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 9/28/2022) (ama)
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Filing 8
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Sarah Netburn. The parties are directed to contact the Chambers of Magistrate Judge Netburn no later than one week after an answer is filed to schedule a settlement conference to take place at least two weeks before the initial pretrial conference scheduled for January 5, 2023. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/28/2022) (tg)
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| Filing 7 ELECTRONIC SUMMONS ISSUED as to Donatello Manuel Tello. (vf) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to El Bandido Restaurant Inc.. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Eliseo Cabrera. The party information for the following party/parties has been modified: Victor Acevedo. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf) |
| Magistrate Judge Sarah Netburn 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 OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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) |
| Filing 5 NOTICE OF APPEARANCE by Nicole Deanna Grunfeld on behalf of Victor Acevedo..(Grunfeld, Nicole) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to DONATELLO MANUEL TELLO, re: #1 Complaint. Document filed by Victor Acevedo..(Cabrera, Eliseo) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to El Bandido Restaurant Inc., re: #1 Complaint. Document filed by Victor Acevedo..(Cabrera, Eliseo) |
| Filing 2 CIVIL COVER SHEET filed. (Attachments: #1 Supplement Rider).(Cabrera, Eliseo) |
| Filing 1 COMPLAINT against El Bandido Restaurant Inc., Donatello Manuel Tello. (Filing Fee $ 402.00, Receipt Number ANYSDC-26728230)Document filed by Victor Acevedo..(Cabrera, Eliseo) |
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