Reyes et al v. Tru by Mur, Inc. et al
| LAIDI REYES, CARLOS ROBERTO REYES and VICTOR MANUEL SANCHEZ |
| TRU BY MUR, INC. and IGOR FAZYLOV |
| 1:2022cv08599 |
| October 10, 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
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This docket was last retrieved on March 23, 2023. A more recent docket listing may be available from PACER.
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| Received e-mail from the United States District Court - Eastern District of New York acknowledging receipt of transferred case. Assigned Case Number: 2:23-cv-02243, filed on 3/23/2023. (sgz) |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York.(yv) |
Filing 31
TRANSFER ORDER TO THE EASTERN DISTRICT OF NEW YORK re: #30 Letter filed by Carlos Roberto Reyes, Victor Manuel Sanchez, Laidi Reyes. The Clerk of Court is directed to transfer this action to the Eastern District of New York. SO ORDERED. (Signed by Judge Analisa Torres on 3/16/2023) (kv) Transmission to Office of the Clerk of Court for processing.
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| Filing 30 FIRST LETTER addressed to Judge Analisa Torres from DANIEL I SCHLADE dated 3/8/2023 re: Potential Transfer to E.D.. Document filed by Laidi Reyes, Carlos Roberto Reyes, Victor Manuel Sanchez..(Schlade, Daniel) |
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Filing 29
ORDER, The Court orders as follows: 1. By Wednesday, March 15, 2023, the parties shall file their joint letter-motion requesting transfer to the United States District Court for the Eastern District of New York (the "Transfer Motion"). 2. The Court holds in ABEYANCE the scheduling of a settlement conference until the Honorable Analisa Torres rules on the Transfer Motion. SO ORDERED. ( Motions due by 3/15/2023.) (Signed by Magistrate Judge Sarah L Cave on 3/8/23) (yv)
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| Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 3/8/2023. Attorney Daniel Schlade appeared on behalf of Plaintiffs. Attorney Steven I. Hilsenrath appeared on behalf of Defendants. (ne) |
| Filing 28 FIRST LETTER addressed to Magistrate Judge Sarah L. Cave from DANIEL I SCHLADE dated 3/7/2023 re: Potential Transfer to E.D.. Document filed by Laidi Reyes, Carlos Roberto Reyes, Victor Manuel Sanchez..(Schlade, Daniel) |
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Filing 27
ORDER, A Telephone Conference to schedule a Settlement Conference is scheduled for Wednesday, March 8, 2023, at 12:00 p.m. on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. SO ORDERED. ( Telephone Conference set for 3/8/2023 at 12:00 PM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 2/28/23) (yv)
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Filing 26
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties consent to conducting all further proceedings before a magistrate judge, including motions and trial. 28 U.S.C. 636(c). This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is: 3-5 days. Deposition due by 6/21/2023. Fact Discovery due by 8/23/2023. Expert Discovery due by 8/4/2023. Case Management Conference set for 9/12/2023 at 11:00 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 2/27/2023) (kv)
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Filing 25
ORDER re: #22 Proposed Case Management Plan filed by Igor Fazylov, Tru by Mur, Inc.. Accordingly, by March 6, 2023, the parties shall file a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge. See ECF No. 10. SO ORDERED. (Signed by Judge Analisa Torres on 2/27/2023) (kv)
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Filing 24
ORDER OF REFERENCE TO A 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 L Cave. (Signed by Judge Analisa Torres on 2/27/2023) (kv)
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| Filing 23 JOINT LETTER addressed to Judge Analisa Torres from Steven I. Hilsenrath dated February 23, 2023 re: Case Management. Document filed by Igor Fazylov, Tru by Mur, Inc...(Hilsenrath, Steven) |
| Filing 22 PROPOSED CASE MANAGEMENT PLAN. Document filed by Igor Fazylov, Tru by Mur, Inc...(Hilsenrath, Steven) |
| Minute Entry for proceedings held before SDNY Mediation: Mediation Conference held on 2/13/2023. Mediation Status due by 3/15/2023. (mnp) |
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Filing 21
ORDER: On October 11, 2022, the Court ordered the parties to file a joint letter and proposed case management plan by February 8, 2023. ECF No. 9. The parties did not file their submissions. Accordingly, by February 23, 2023, the parties shall file their submissions. SO ORDERED. (Signed by Judge Analisa Torres on 2/9/2023) (ks)
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| MEDIATION CONFERENCE NOT HELD Mediation Conference scheduled for 1/23/2023 was not held. Mediation Status due by 2/2/2023.(mnp) |
| FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 2/13/2023 at 10:30 AM in telephone or video conference.(mnp) |
| FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 1/23/2023 at 10:30 AM in telephone or video conference.(mnp) |
| Filing 20 ANSWER to #4 Complaint,. Document filed by Igor Fazylov, Tru by Mur, Inc...(Hilsenrath, Steven) |
| Filing 19 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Igor Fazylov, Tru by Mur, Inc...(Hilsenrath, Steven) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 1/4/2023.(ah) |
| Filing 18 SUMMONS RETURNED UNEXECUTED as to Igor Fazylov.. Service was attempted on 10/27/22. Document filed by Laidi Reyes..(Schlade, Daniel) |
| Filing 17 SUMMONS RETURNED EXECUTED. Tru by Mur, Inc. served on 10/26/2022, answer due 11/16/2022. Service was accepted by Ali M, Manager. Document filed by Laidi Reyes..(Schlade, Daniel) |
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Filing 16
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 11/23/2022. (Signed by Judge Analisa Torres on 12/10/2019) (jpt)
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Filing 15
STIPULATION EXTENDING TIME TO ANSWER: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys for the parties hereto, that the time in which Defendants TRU BY MUR, INC., and IGOR FAZYLOV (collectively, "Defendants"), may move, Answer, or otherwise respond to Plaintiffs' Complaint, is hereby extend up to and including the 5th day of December, 2022, and it is further STIPULATED AND AGREED, that this Stipulation may be executed in counterparts and a fully executed facsimile copy of the within Stipulation shall have the same force and effect as if it contained original signatures. SO ORDERED. Igor Fazylov answer due 12/5/2022; Tru by Mur, Inc. answer due 12/5/2022., Motions terminated: #14 FIRST LETTER MOTION for Extension of Time to File Answer re: #4 Complaint, addressed to Judge Analisa Torres from Steven I. Hilsenrath dated November 7, 2022 filed by Igor Fazylov, Tru by Mur, Inc. (Signed by Judge Analisa Torres on 11/8/2022) (vfr)
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| Filing 14 FIRST LETTER MOTION for Extension of Time to File Answer re: #4 Complaint, addressed to Judge Analisa Torres from Steven I. Hilsenrath dated November 7, 2022. Document filed by Igor Fazylov, Tru by Mur, Inc...(Hilsenrath, Steven) |
| Filing 13 NOTICE OF APPEARANCE by Steven I. Hilsenrath on behalf of Igor Fazylov, Tru by Mur, Inc...(Hilsenrath, Steven) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Tru by Mur, Inc...(jgo) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Igor Fazylov..(jgo) |
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Filing 10
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 discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (as further set forth herein). SO ORDERED. (Signed by Judge Analisa Torres on 10/11/2022) (kv)
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Filing 9
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 February 8, 2023, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. (Signed by Judge Analisa Torres on 10/11/2022) (kv)
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Filing 8
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, 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 10/11/2022) (kv)
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| Filing 7 CIVIL COVER SHEET filed..(Schlade, Daniel) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Igor Fazylov, re: #4 Complaint,. Document filed by Laidi Reyes, Carlos Roberto Reyes, Victor Manuel Sanchez..(Schlade, Daniel) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Tru by Mur, Inc., re: #4 Complaint,. Document filed by Laidi Reyes, Carlos Roberto Reyes, Victor Manuel Sanchez..(Schlade, Daniel) |
| Filing 4 COMPLAINT against Igor Fazylov, Tru by Mur, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26798957)Document filed by Laidi Reyes, Victor Manuel Sanchez, Carlos Roberto Reyes. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C).(Schlade, Daniel) |
| Case Designated ECF. (pc) |
| Magistrate Judge Sarah L. Cave 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. (pc) |
| 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..(pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Daniel Schlade. The party information for the following party/parties has been modified: LAIDI REYES, VICTOR MANUEL SANCHEZ, CARLOS ROBERTO REYES, TRU BY MUR, INC., IGOR FAZYLOV. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; DO NOT TYPE ALL PARTY NAMES IN ALL CAPS. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Daniel Schlade to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the event wrong event type was used to file the civil cover sheet;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF.. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Daniel Schlade. The following case opening statistical information was erroneously selected/entered: Cause of Action code 05:7123; Dollar Demand $51,000,000; County code Nassau; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:201fl; the Dollar Demand has been modified to $51,000; the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Daniel Schlade to RE-FILE Document No. #3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): File each summons separately or create a rider listing every party;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Daniel Schlade to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the All Defendant radio button was selected;. Re-file the pleading using the event type 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) |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to TRU BY MUR, INC. AND IGOR FAZYLOV, re: #1 Complaint,. Document filed by CARLOS ROBERTO REYES, LAIDI REYES, VICTOR MANUEL SANCHEZ. (Attachments: #1 Text of Proposed Order PROPOSED SUMMONS).(Schlade, Daniel) Modified on 10/11/2022 (pc). |
| Filing 2 NOTICE OF APPEARANCE by Daniel Schlade on behalf of CARLOS ROBERTO REYES, LAIDI REYES, VICTOR MANUEL SANCHEZ..(Schlade, Daniel) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against All Defendants. (Filing Fee $ 402.00, Receipt Number ANYSDC-26794432)Document filed by LAIDI REYES, VICTOR MANUEL SANCHEZ, CARLOS ROBERTO REYES. (Attachments: #1 Civil Cover Sheet CIVIL COVER SHEET, #2 Exhibit EXHIBIT A, #3 Exhibit EXHIBIT B, #4 Exhibit EXHIBIT C).(Schlade, Daniel) Modified on 10/11/2022 (pc). |
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