Cruz v. Calabria Mia, Corp. et al
| Gregorio Cruz |
| Calabria Mia, Corp. and Jusepe Chiaello |
| 1:2022cv09853 |
| November 18, 2022 |
| US District Court for the Southern District of New York |
| Andrew L Carter |
| Labor: Fair Standards |
| Plaintiff |
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| Filing 8 CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:22-cv-06828. Original file certified copy of transfer order and docket entries received. |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Andrew L. Carter, Jr.. 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..(vba) |
| 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. (vba) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (vba) |
| Case Designated ECF. (vba) |
ORDER re #7 Letter filed by Gregorio Cruz -- Plaintiff has indicated that venue does not lie in the Eastern District of New York and requests transfer to the Southern District of New York. Under these circumstances, 28 U.S.C. 1406 dictates that this court may, "if it be in the interest of justice, transfer such case to any district... in which it could have been brought." Accordingly, this case is hereby transferred to the Southern District of New York. The waiting period described in Local Rule 83.1 is waived. Ordered by Judge Eric R. Komitee on 11/16/2022.Case transferred to Southern District of New york. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (AG) [Transferred from New York Eastern on 11/18/2022.]
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| Filing 7 Letter Re: Venue by Gregorio Cruz (Schlade, Daniel) [Transferred from New York Eastern on 11/18/2022.] |
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ORDER TO SHOW CAUSE -- The complaint does not establish that venue lies in this District under 28 U.S.C. 1391. Plaintiff alleges that venue is proper because all underlying facts and transactions occurred here, but sets out a county in the Southern District of New York. See Complaint 7. Plaintiff also alleges that Defendants reside or are headquartered and conduct business in a city in the Southern District of New York. See id. at 34. Plaintiff is directed to show cause by Tuesday, November 22, in a letter of three pages or less, why this case should not be transferred to the Southern District of New York. See 28 U.S.C. 1406. Ordered by Judge Eric R. Komitee on 11/14/2022. (AG) [Transferred from New York Eastern on 11/18/2022.]
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| Filing 6 Summons Issued as to Calabria Mia, Corp., Jusepe Chiaello. (KD) (Main Document 6 replaced on 11/13/2022) (KD). [Transferred from New York Eastern on 11/18/2022.] |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) [Transferred from New York Eastern on 11/18/2022.] |
| Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (KD) [Transferred from New York Eastern on 11/18/2022.] |
| Case Assigned to Judge Eric R. Komitee and Magistrate Judge Robert M. Levy. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (KD) [Transferred from New York Eastern on 11/18/2022.] |
| Filing 3 Proposed Summons. by Gregorio Cruz (Attachments: #1 Proposed Summons Proposed Summons) (Schlade, Daniel) [Transferred from New York Eastern on 11/18/2022.] |
| Filing 2 NOTICE of Appearance by Daniel Schlade on behalf of Gregorio Cruz (notification declined or already on case) (Schlade, Daniel) [Transferred from New York Eastern on 11/18/2022.] |
| Filing 1 COMPLAINT 1:22-cv-06828 against Calabria Mia, Corp., Jusepe Chiaello filing fee $ 402, receipt number ANYEDC-16121540 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Gregorio Cruz. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Exhibit A) (Schlade, Daniel) [Transferred from New York Eastern on 11/18/2022.] |
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