Ortiz et al v. Consolidated Edison Company of New York, Inc. et al
| Nashaily Ortiz, Isaura Lopez, Ruben Lemus Najarro, Nashemir Ortiz and Adrianna Gamboa |
| Consolidated Edison Company of New York, Inc., CE Solutions Group, LLC, CE Solutions Inc., CE Flagging Plus Corp., CE Reserve Corp., Flagging Spotting Flipping Services Inc., Argani Inc., NYC 2Way International Ltd. d/b/a CTG Cars LLC, Concord Limousine Inc., Concord Limousine 1, LLC, Jeannine Napoleone-Colbert, Hassan Sablini, Edward Slinin, Dora Slinin, Gary Samuel and Alexander Gavrilov |
| 1:2022cv08957 |
| October 20, 2022 |
| US District Court for the Southern District of New York |
| Gabriel W Gorenstein |
| Jennifer L Rochon |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Both |
Docket Report
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| Filing 29 SUMMONS RETURNED EXECUTED. Argani Inc. served on 12/5/2022, answer due 12/27/2022; CE Flagging Plus Corp. served on 12/5/2022, answer due 12/27/2022; Jeannine Napoleone-Colbert(in her individual capacities) served on 12/3/2022, answer due 2/10/2023; Jeannine Napoleone-Colbert(in her professional capacities) served on 12/3/2022, answer due 2/10/2023. Document filed by Nashemir Ortiz(on behalf of himself); Nashaily Ortiz(on behalf of others similarly situated); Nashaily Ortiz(on behalf of herself); Ruben Lemus Najarro(on behalf of others similarly situated); Isaura Lopez(on behalf of herself); Adrianna Gamboa(on behalf of herself); Nashemir Ortiz(on behalf of others similarly situated); Isaura Lopez(on behalf of others similarly situated); Adrianna Gamboa(on behalf of others similarly situated); Ruben Lemus Najarro(on behalf of himself)..(Hartzband, Alex) |
Filing 28
ORDER: granting #27 Letter Motion for Extension of Time. Extension to February 10, 2023, granted. Counsel is reminded to review the order appearing as Docket # 10. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/07/2022) (ama)
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| Set/Reset Deadlines: CE Solutions Group, LLC answer due 2/10/2023; CE Solutions Inc. answer due 2/10/2023; NYC 2Way International Ltd. answer due 2/10/2023; Jeannine Napoleone-Colbert(in her individual capacities) answer due 2/10/2023; Jeannine Napoleone-Colbert(in her professional capacities) answer due 2/10/2023; Dora Slinin(in her individual capacities) answer due 2/10/2023; Dora Slinin(in her professional capacities) answer due 2/10/2023; Edward Slinin(in his professional capacities) answer due 2/10/2023; Edward Slinin(in his individual capacities) answer due 2/10/2023. (ama) |
| Filing 27 LETTER MOTION for Extension of Time addressed to Judge Jennifer L. Rochon from Evan J. Spelfogel dated 12/06/2022. Document filed by CE Solutions Group, LLC, CE Solutions Inc., NYC 2Way International Ltd., Jeannine Napoleone-Colbert(in her individual capacities), Jeannine Napoleone-Colbert(in her professional capacities), Dora Slinin(in her individual capacities), Dora Slinin(in her professional capacities), Edward Slinin(in his professional capacities), Edward Slinin(in his individual capacities)..(Spelfogel, Evan) |
| Filing 26 NOTICE OF APPEARANCE by Evan J. Spelfogel on behalf of CE Solutions Group, LLC, CE Solutions Inc., NYC 2Way International Ltd., Jeannine Napoleone-Colbert(in her individual capacities), Jeannine Napoleone-Colbert(in her professional capacities), Dora Slinin(in her individual capacities), Dora Slinin(in her professional capacities), Edward Slinin(in his professional capacities), Edward Slinin(in his individual capacities)..(Spelfogel, Evan) |
| Filing 25 NOTICE OF APPEARANCE by Jennifer S Kim on behalf of Consolidated Edison Company of New York, Inc...(Kim, Jennifer) |
| Filing 24 NOTICE OF APPEARANCE by Paul R Piccigallo on behalf of Consolidated Edison Company of New York, Inc...(Piccigallo, Paul) |
| Filing 23 NOTICE OF APPEARANCE by Eli Zev Freedberg on behalf of Consolidated Edison Company of New York, Inc...(Freedberg, Eli) |
| Filing 22 SUMMONS RETURNED EXECUTED. Alexander Gavrilov(in his professional capacities) served on 11/22/2022, answer due 12/13/2022. Document filed by Nashemir Ortiz(on behalf of himself); Nashaily Ortiz(on behalf of others similarly situated); Nashaily Ortiz(on behalf of herself); Ruben Lemus Najarro(on behalf of others similarly situated); Isaura Lopez(on behalf of herself); Adrianna Gamboa(on behalf of herself); Nashemir Ortiz(on behalf of others similarly situated); Isaura Lopez(on behalf of others similarly situated); Adrianna Gamboa(on behalf of others similarly situated); Ruben Lemus Najarro(on behalf of himself)..(Hartzband, Alex) |
| Filing 21 ANSWER to #1 Complaint,,,,,,, with JURY DEMAND. Document filed by Concord Limousine Inc...(Archibald, Roger) |
| Filing 20 ANSWER to #1 Complaint,,,,,,, with JURY DEMAND. Document filed by Concord Limousine 1, LLC..(Archibald, Roger) |
| Filing 19 ANSWER to #1 Complaint,,,,,,, with JURY DEMAND. Document filed by Alexander Gavrilov(in his individual capacities)..(Archibald, Roger) |
| Filing 18 SUMMONS RETURNED EXECUTED. CE Solutions Group, LLC served on 11/16/2022, answer due 12/7/2022; CE Solutions Inc. served on 11/16/2022, answer due 12/7/2022; Consolidated Edison Company of New York, Inc. served on 11/16/2022, answer due 12/7/2022; Flagging Spotting Flipping Services Inc. served on 11/16/2022, answer due 12/7/2022; NYC 2Way International Ltd. served on 11/16/2022, answer due 12/7/2022. Document filed by Nashemir Ortiz(on behalf of himself); Nashaily Ortiz(on behalf of others similarly situated); Nashaily Ortiz(on behalf of herself); Ruben Lemus Najarro(on behalf of others similarly situated); Isaura Lopez(on behalf of herself); Adrianna Gamboa(on behalf of herself); Nashemir Ortiz(on behalf of others similarly situated); Isaura Lopez(on behalf of others similarly situated); Adrianna Gamboa(on behalf of others similarly situated); Ruben Lemus Najarro(on behalf of himself)..(Hartzband, Alex) |
| Filing 17 SUMMONS RETURNED EXECUTED. Service was made by Mail. Document filed by Nashemir Ortiz(on behalf of himself), Nashaily Ortiz(on behalf of others similarly situated), Nashaily Ortiz(on behalf of herself), Ruben Lemus Najarro(on behalf of others similarly situated), Isaura Lopez(on behalf of herself), Nashemir Ortiz(on behalf of others similarly situated), Isaura Lopez(on behalf of others similarly situated), Ruben Lemus Najarro(on behalf of himself)..(Hartzband, Alex) |
| Filing 16 SUMMONS RETURNED EXECUTED. Concord Limousine 1, LLC served on 11/3/2022, answer due 11/25/2022; Concord Limousine Inc. served on 11/3/2022, answer due 11/25/2022; Dora Slinin(in her individual capacities) served on 11/7/2022, answer due 11/28/2022; Dora Slinin(in her professional capacities) served on 11/7/2022, answer due 11/28/2022. Document filed by Nashemir Ortiz(on behalf of himself); Nashaily Ortiz(on behalf of others similarly situated); Nashaily Ortiz(on behalf of herself); Ruben Lemus Najarro(on behalf of others similarly situated); Isaura Lopez(on behalf of herself); Adrianna Gamboa(on behalf of herself); Nashemir Ortiz(on behalf of others similarly situated); Isaura Lopez(on behalf of others similarly situated); Adrianna Gamboa(on behalf of others similarly situated); Ruben Lemus Najarro(on behalf of himself)..(Hartzband, Alex) |
| Filing 15 NOTICE of Filing Consent to Join Form. Document filed by Adrianna Gamboa(on behalf of herself), Adrianna Gamboa(on behalf of others similarly situated), Isaura Lopez(on behalf of herself), Isaura Lopez(on behalf of others similarly situated), Ruben Lemus Najarro(on behalf of others similarly situated), Ruben Lemus Najarro(on behalf of himself), Nashaily Ortiz(on behalf of others similarly situated), Nashaily Ortiz(on behalf of herself), Nashemir Ortiz(on behalf of himself), Nashemir Ortiz(on behalf of others similarly situated). (Attachments: #1 Exhibit 1 - Consent to Join Form).(Burr Di Mauro, Camilo) |
| Filing 14 NOTICE OF APPEARANCE by Annabel Rae Stanley on behalf of Adrianna Gamboa(on behalf of herself), Adrianna Gamboa(on behalf of others similarly situated), Isaura Lopez(on behalf of herself), Isaura Lopez(on behalf of others similarly situated), Ruben Lemus Najarro(on behalf of others similarly situated), Ruben Lemus Najarro(on behalf of himself), Nashaily Ortiz(on behalf of others similarly situated), Nashaily Ortiz(on behalf of herself), Nashemir Ortiz(on behalf of himself), Nashemir Ortiz(on behalf of others similarly situated)..(Stanley, Annabel) |
| Filing 13 NOTICE OF APPEARANCE by Camilo Malcolm X Burr Di Mauro on behalf of Adrianna Gamboa(on behalf of herself), Adrianna Gamboa(on behalf of others similarly situated), Isaura Lopez(on behalf of herself), Isaura Lopez(on behalf of others similarly situated), Ruben Lemus Najarro(on behalf of others similarly situated), Ruben Lemus Najarro(on behalf of himself), Nashaily Ortiz(on behalf of others similarly situated), Nashaily Ortiz(on behalf of herself), Nashemir Ortiz(on behalf of himself), Nashemir Ortiz(on behalf of others similarly situated)..(Burr Di Mauro, Camilo) |
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Filing 12
MEMO ENDORSEMENT on PLAINTIFFS' NOTICE OF MOTION FOR CONDITIONAL CERTIFICATION OF A COLLECTIVE ACTION AND EQUITABLE TOLLING OF THE STATUTE OF LIMITATIONS: denying without prejudice to to a new application #6 Motion re: #6 MOTION for Conditional Certification of a Collective Action. ENDORSEMENT: While Judge Rochon does not have a pre-motion conference requirement, the undersigned does. In light of that fact, and in light of the fact that no defendant has been served in this matter, this motion is denied without prejudice to a new application complaint with the undersigned's Individual Practices and filed after all defendants have responded to the complaint. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/28/2022) (ama)
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| Filing 11 NOTICE of Filing Consent to Join Forms. Document filed by Adrianna Gamboa(on behalf of herself), Adrianna Gamboa(on behalf of others similarly situated), Isaura Lopez(on behalf of herself), Isaura Lopez(on behalf of others similarly situated), Ruben Lemus Najarro(on behalf of others similarly situated), Ruben Lemus Najarro(on behalf of himself), Nashaily Ortiz(on behalf of others similarly situated), Nashaily Ortiz(on behalf of herself), Nashemir Ortiz(on behalf of himself), Nashemir Ortiz(on behalf of others similarly situated). (Attachments: #1 Exhibit 1 - Consent to Join Forms).(Hartzband, Alex) |
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Filing 10
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement); Specific Non-Dispositive Motion/Dispute: ECF No. 6. Referred to Magistrate Judge Gabriel W. Gorenstein. Motions referred to Gabriel W. Gorenstein. (Signed by Judge Jennifer L. Rochon on 10/27/2022) (jca)
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| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #9 Proposed Order,, was reviewed and approved as to form. (nd) |
| Filing 9 PROPOSED ORDER. Document filed by Adrianna Gamboa(on behalf of herself), Adrianna Gamboa(on behalf of others similarly situated), Isaura Lopez(on behalf of herself), Isaura Lopez(on behalf of others similarly situated), Ruben Lemus Najarro(on behalf of others similarly situated), Ruben Lemus Najarro(on behalf of himself), Nashaily Ortiz(on behalf of others similarly situated), Nashaily Ortiz(on behalf of herself), Nashemir Ortiz(on behalf of himself), Nashemir Ortiz(on behalf of others similarly situated). Related Document Number: #6 ..(Hartzband, Alex) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 8 DECLARATION of Alex J. Hartzband in Support re: #6 MOTION for Conditional Certification of a Collective Action .. Document filed by Adrianna Gamboa(on behalf of herself), Adrianna Gamboa(on behalf of others similarly situated), Isaura Lopez(on behalf of herself), Isaura Lopez(on behalf of others similarly situated), Ruben Lemus Najarro(on behalf of others similarly situated), Ruben Lemus Najarro(on behalf of himself), Nashaily Ortiz(on behalf of others similarly situated), Nashaily Ortiz(on behalf of herself), Nashemir Ortiz(on behalf of himself), Nashemir Ortiz(on behalf of others similarly situated). (Attachments: #1 Exhibit 1 - Complaint, #2 Exhibit 2 - Declaration of Nashaily Ortiz, #3 Exhibit 3 - Declaration of Isaura Lopez, #4 Exhibit 4 - Declaration of Ruben Lemus Najarro, #5 Exhibit 5 - Declaration of Nashemir Ortiz, #6 Exhibit 6 - Proposed Notice of Pendency and Consent to Join Form, #7 Exhibit 7 - Email Notice, #8 Exhibit 8 - Text Notice, #9 Exhibit 9 - Smartphone App Notice, #10 Exhibit 10 - N. Ortiz Timesheet, #11 Exhibit 11 - Time Records, #12 Exhibit 12 - Text message exchange, #13 Exhibit 13 - Contract, #14 Exhibit 14 - Permit, #15 Exhibit 15 - N. Ortiz Timesheets, #16 Exhibit 16 - Text message exchange, #17 Exhibit 17 - Spreadsheet, #18 Exhibit 18 - Text message exchange, #19 Exhibit 19 - Paystub Request, #20 Exhibit 20 - Text message exchange, #21 Exhibit 21 - Lopez and Najarro Timesheets).(Hartzband, Alex) |
| Filing 7 MEMORANDUM OF LAW in Support re: #6 MOTION for Conditional Certification of a Collective Action . . Document filed by Adrianna Gamboa(on behalf of herself), Adrianna Gamboa(on behalf of others similarly situated), Isaura Lopez(on behalf of herself), Isaura Lopez(on behalf of others similarly situated), Ruben Lemus Najarro(on behalf of others similarly situated), Ruben Lemus Najarro(on behalf of himself), Nashaily Ortiz(on behalf of others similarly situated), Nashaily Ortiz(on behalf of herself), Nashemir Ortiz(on behalf of himself), Nashemir Ortiz(on behalf of others similarly situated)..(Hartzband, Alex) |
| Filing 6 MOTION for Conditional Certification of a Collective Action . Document filed by Adrianna Gamboa(on behalf of herself), Adrianna Gamboa(on behalf of others similarly situated), Isaura Lopez(on behalf of herself), Isaura Lopez(on behalf of others similarly situated), Ruben Lemus Najarro(on behalf of others similarly situated), Ruben Lemus Najarro(on behalf of himself), Nashaily Ortiz(on behalf of others similarly situated), Nashaily Ortiz(on behalf of herself), Nashemir Ortiz(on behalf of himself), Nashemir Ortiz(on behalf of others similarly situated)..(Hartzband, Alex) |
| Filing 5 NOTICE of Filing Consent to Join Forms. Document filed by Adrianna Gamboa(on behalf of herself), Adrianna Gamboa(on behalf of others similarly situated), Isaura Lopez(on behalf of herself), Isaura Lopez(on behalf of others similarly situated), Ruben Lemus Najarro(on behalf of others similarly situated), Ruben Lemus Najarro(on behalf of himself), Nashaily Ortiz(on behalf of others similarly situated), Nashaily Ortiz(on behalf of herself), Nashemir Ortiz(on behalf of himself), Nashemir Ortiz(on behalf of others similarly situated). (Attachments: #1 Exhibit 1 - Consent to Join Forms).(Hartzband, Alex) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Argani Inc., CE Flagging Plus Corp., CE Reserve Corp., CE Solutions Group, LLC, CE Solutions Inc., Concord Limousine 1, LLC, Concord Limousine Inc., Consolidated Edison Company of New York, Inc., Flagging Spotting Flipping Services Inc., Alexander Gavrilov(in his professional capacities), Alexander Gavrilov(in his individual capacities), NYC 2Way International Ltd., Jeannine Napoleone-Colbert(in her individual capacities), Jeannine Napoleone-Colbert(in her professional capacities), Hassan Sablini(in his individual capacities), Hassan Sablini(in his professional capacities), Gary Samuel(in his professional capacities), Gary Samuel(in his individual capacities), Dora Slinin(in her individual capacities), Dora Slinin(in her professional capacities), Edward Slinin(in his professional capacities), Edward Slinin(in his individual capacities)..(sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer L. Rochon. 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) |
| Magistrate Judge Gabriel W. Gorenstein 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) |
| Case Designated ECF. (sj) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Consolidated Edison Company of New York, Inc., CE Solutions Group, LLC, CE Solutions Inc., CE Flagging Plus Corp., CE Reserve Corp., Flagging Spotting Flipping Services Inc, Argani Inc., NYC 2Way International Ltd., Concord Limousine Inc., Concord Limousine 1, LLC, Jeannine Napoleone-Colbert, Hassan Sablini, Esward Slinin, Dora Slinin, Gary Samuel, and Alexander Gavrilov, re: #1 Complaint,,,,,,,. Document filed by Adrianna Gamboa(on behalf of herself), Adrianna Gamboa(on behalf of others similarly situated), Isaura Lopez(on behalf of herself), Isaura Lopez(on behalf of others similarly situated), Ruben Lemus Najarro(on behalf of others similarly situated), Ruben Lemus Najarro(on behalf of himself), Nashaily Ortiz(on behalf of others similarly situated), Nashaily Ortiz(on behalf of herself), Nashemir Ortiz(on behalf of himself), Nashemir Ortiz(on behalf of others similarly situated)..(Hartzband, Alex) |
| Filing 2 CIVIL COVER SHEET filed..(Hartzband, Alex) |
| Filing 1 COMPLAINT against Argani Inc., CE Flagging Plus Corp., CE Reserve Corp., CE Solutions Group, LLC, CE Solutions Inc., Concord Limousine 1, LLC, Concord Limousine Inc., Consolidated Edison Company of New York, Inc., Flagging Spotting Flipping Services Inc., Alexander Gavrilov(in his professional capacities), Alexander Gavrilov(in his individual capacities), NYC 2Way International Ltd., Jeannine Napoleone-Colbert(in her individual capacities), Jeannine Napoleone-Colbert(in her professional capacities), Hassan Sablini(in his individual capacities), Hassan Sablini(in his professional capacities), Gary Samuel(in his professional capacities), Gary Samuel(in his individual capacities), Dora Slinin(in her individual capacities), Dora Slinin(in her professional capacities), Edward Slinin(in his professional capacities), Edward Slinin(in his individual capacities). (Filing Fee $ 402.00, Receipt Number ANYSDC-26847032)Document filed by Nashemir Ortiz(on behalf of himself), Nashaily Ortiz(on behalf of others similarly situated), Nashaily Ortiz(on behalf of herself), Ruben Lemus Najarro(on behalf of others similarly situated), Isaura Lopez(on behalf of herself), Adrianna Gamboa(on behalf of herself), Nashemir Ortiz(on behalf of others similarly situated), Isaura Lopez(on behalf of others similarly situated), Adrianna Gamboa(on behalf of others similarly situated), Ruben Lemus Najarro(on behalf of himself). (Attachments: #1 Exhibit A - Timesheet example, #2 Exhibit B - Concord timesheets, #3 Exhibit C - Text messages, #4 Exhibit D - Contract, #5 Exhibit E - Permit, #6 Exhibit F - Timesheets, #7 Exhibit G - Text messages, #8 Exhibit H - Spreadsheet, #9 Exhibit I - Text messages, #10 Exhibit J - Paystub Request, #11 Exhibit K - Spreadsheet, #12 Exhibit L - Timesheets).(Hartzband, Alex) |
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