Joaquin et al v. New York Athletic Club
| Franklin Joaquin, Eduardo Casusol, Mohammed Miah, Milagros Carlin Bergante and Oscar Jairo Rodriguez Londono |
| New York Athletic Club |
| 1:2023cv01235 |
| February 14, 2023 |
| 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 |
| Both |
Docket Report
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| Document Text |
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| Filing 17 ANSWER to #5 Complaint with JURY DEMAND. Document filed by New York Athletic Club..(Reiter, Nicholas) |
| Filing 16 LETTER addressed to Judge Gregory H. Woods from Nicholas M. Reiter dated April 5, 2023 re: Non-Consent to Conduct All Further Proceedings Before Magistrate Judge. Document filed by New York Athletic Club..(Reiter, Nicholas) |
Filing 15
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. SO ORDERED (Signed by Judge Gregory H. Woods on 3/22/2023) (rro) Modified on 4/3/2023 (rro).
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| Filing 14 NOTICE OF APPEARANCE by Samantha L Furman on behalf of New York Athletic Club..(Furman, Samantha) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 4/19/2023.(ah) |
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Filing 13
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 3/23/2023. (Signed by Judge Gregory H. Woods on 12/10/2019) (rpr)
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Filing 12
ORDER granting #11 Letter Motion for Extension of Time. Defendant's application for an extension of time to answer or otherwise respond to the complaint, Dkt. No. 1, is granted. The deadline for Defendant to answer or otherwise respond to the complaint is extended to April 14, 2023. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 11. SO ORDERED. (Signed by Judge Gregory H. Woods on 3/1/2023) (jca)
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| Filing 11 FIRST LETTER MOTION for Extension of Time to Respond to the Complaint addressed to Judge Gregory H. Woods from Nicholas M. Reiter dated March 1, 2023. Document filed by New York Athletic Club..(Reiter, Nicholas) |
| Set/Reset Deadlines: New York Athletic Club answer due 4/14/2023. (jca) |
| Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by New York Athletic Club..(Reiter, Nicholas) |
| Filing 9 NOTICE OF APPEARANCE by Nicholas M Reiter on behalf of New York Athletic Club..(Reiter, Nicholas) |
| Filing 8 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/16/2023 at 03:00 PM before Judge Gregory H. Woods. The conference will be conducted by telephone. The parties are directed to the Court's Individual Rules of Practice in Civil Cases, which are available on the Court's website. Rule 2 of the Court's Individual Rules contains the dial-in number for the conference and other relevant instructions. The parties are specifically directed to comply with Rule 2(B) of the Court's Individual Rules. (Signed by Judge Gregory H. Woods on 2/15/2023) (rro) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to New York Athletic Club..(pc) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to New York Athletic Club, re: #5 Complaint. Document filed by Milagros Carlin Bergante, Eduardo Casusol, Franklin Joaquin, Mohammed Miah, Oscar Jairo Rodriguez Londono..(Ghim, Susan) |
| Filing 5 COMPLAINT against New York Athletic Club. Document filed by Franklin Joaquin, Milagros Carlin Bergante, Mohammed Miah, Eduardo Casusol, Oscar Jairo Rodriguez Londono..(Ghim, Susan) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Susan Ghim to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; Caption title does not cite the document being filed (Complaint). 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. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 2/21/2023. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Susan Ghim. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to New York;. (pc) |
| Magistrate Judge James L. Cott 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) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Susan Ghim to RE-FILE Document No. #4 Request for Issuance of Summons. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading;. 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) |
| Case Designated ECF. (pc) |
| 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..(pc) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to New York Athletic Club, re: #1 Complaint. Document filed by Milagros Carlin Bergante, Eduardo Casusol, Franklin Joaquin, Mohammed Miah, Oscar Jairo Rodriguez Londono..(Ghim, Susan) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Milagros Carlin Bergante, Eduardo Casusol, Franklin Joaquin, Mohammed Miah, Oscar Jairo Rodriguez Londono..(Ghim, Susan) |
| Filing 2 CIVIL COVER SHEET filed..(Ghim, Susan) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - COMPLAINT against New York Athletic Club. (Filing Fee $ 402.00, Receipt Number ANYSDC-27341087)Document filed by Franklin Joaquin, Milagros Carlin Bergante, Mohammed Miah, Eduardo Casusol, Oscar Jairo Rodriguez Londono..(Ghim, Susan) Modified on 2/15/2023 (pc). |
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