Catano v. Margon Restaurant Corp. et al
| Victor Catano |
| Margon Restaurant Corp. doing business as Margon, Guadalupe Rivas and Rafael Rivas |
| 1:2022cv08299 |
| September 28, 2022 |
| US District Court for the Southern District of New York |
| Gregory H Woods |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 1, 2023. A more recent docket listing may be available from PACER.
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| FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 12/20/2022 at 10:00 AM in telephone or video conference.(mnp) |
| Filing 19 FIRST LETTER addressed to Judge Gregory H. Woods from Michael K. Chong, Esq. dated 11/10/2022 re: Nonconsent to Magistrate Judge. Document filed by Margon Restaurant Corp., Guadalupe Rivas, Rafael Rivas..(Chong, Michael) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 12/5/2022.(ah) |
| Filing 18 AFFIDAVIT OF SERVICE of Summons and Complaint. Rafael Rivas served on 10/18/2022, answer due 11/28/2022. Service was accepted by Guadalupe Rivas. Service was made by Mail. Document filed by Victor Catano..(Kwon, Angela) |
| Filing 17 AFFIDAVIT OF SERVICE of Summons and Complaint. Guadalupe Rivas served on 10/18/2022, answer due 11/28/2022. Service was accepted by Guadalupe Rivas. Document filed by Victor Catano..(Kwon, Angela) |
| Filing 16 AFFIDAVIT OF SERVICE of Summons and Complaint. Margon Restaurant Corp. served on 10/18/2022, answer due 11/28/2022. Service was accepted by Guadalupe Rivas (Owner/Authorized Agent). Service was made by Mail. Document filed by Victor Catano..(Kwon, Angela) |
Filing 15
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 11/14/2022. (Signed by Judge Gregory H. Woods on 12/10/2019) (jpt)
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Filing 14
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties must 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 both parties consent to proceed before the Magistrate Judge, counsel for the defendant must, within two weeks of the date of this order file on ECF a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to this order (and also available at https://nysd.uscourts.gov/sites/default /files/2018-06/AO-3.pdf). The executed form should be filed on ECF as a "Proposed Consent to Jurisdiction by US Magistrate Judge," and be described using the "Proposed Consent to Jurisdiction by US Magistrate Judge" filing event in accordance with ECF Rule 13.27. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. 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 either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, within two weeks of the date of this order 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. (Signed by Judge Gregory H. Woods on 10/28/2022) (rro)
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Filing 13
ORDER: granting #12 Letter Motion for Extension of Time to File Response/Reply re #12 FIRST LETTER MOTION for Extension of Time to File Response/Reply. addressed to Judge Gregory H. Woods from Michael K. Chong, Esq. dated 10/28/2022. Application granted. Defendants' application for an extension of time to answer or otherwise respond to the complaint, Dkt. No. 12, is granted. The deadline for Defendants to answer or otherwise respond to the complaint is extended to November 28, 2022. The Clerk of Court is directed to terminate the motion at Dkt. No. 12. SO ORDERED. (Signed by Judge Gregory H. Woods on 10/28/2022) (ama)
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| Filing 12 FIRST LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Gregory H. Woods from Michael K. Chong, Esq. dated 10/28/2022. Document filed by Margon Restaurant Corp., Guadalupe Rivas, Rafael Rivas..(Chong, Michael) |
| Filing 11 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Margon Restaurant Corp., Guadalupe Rivas, Rafael Rivas..(Chong, Michael) |
| Filing 10 NOTICE OF APPEARANCE by Michael K. Chong on behalf of Margon Restaurant Corp., Guadalupe Rivas, Rafael Rivas..(Chong, Michael) |
| Set/Reset Deadlines: Margon Restaurant Corp. answer due 11/28/2022; Guadalupe Rivas answer due 11/28/2022; Rafael Rivas answer due 11/28/2022. (ama) |
| Filing 9 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 5/30/2023 at 04:00 PM before Judge Gregory H. Woods. The conference will be conducted by telephone. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. (Signed by Judge Gregory H. Woods on 9/29/2022) (rro) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Rafael Rivas..(jgo) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Margon Restaurant Corp...(jgo) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Guadalupe Rivas..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Angela Saeyun Kwon. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to Queens;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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 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. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Rafael Rivas, re: #1 Complaint. Document filed by Victor Catano..(Kwon, Angela) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Guadalupe Rivas, re: #1 Complaint. Document filed by Victor Catano..(Kwon, Angela) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Margon Restaurant Corp., re: #1 Complaint. Document filed by Victor Catano..(Kwon, Angela) |
| Filing 2 CIVIL COVER SHEET filed..(Kwon, Angela) |
| Filing 1 COMPLAINT against Margon Restaurant Corp., Guadalupe Rivas, Rafael Rivas. (Filing Fee $ 402.00, Receipt Number ANYSDC-26747209)Document filed by Victor Catano..(Kwon, Angela) |
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