Rosario v. Maryanns 353 Mex, Inc. et al
| Joel Rosario |
| Huascar Then and Maryanns 353 Mex, Inc. d/b/a Zona Tribeca Mezcaleria |
| 1:2023cv01851 |
| March 3, 2023 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Labor: Fair Standards |
| 28 U.S.C. § 1331 fl Fed. Question: Fair Labor Standards |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 1, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 21
ORDER SCHEDULING TELEPHONE CONFERENCE: This case has been referred to me for settlement purposes (docket no. 20). A telephone conference will be held on Monday, May 15, 2023 at 12:30 p.m. in advance of a settlement conference. The parties are directed to review Judge Parker's Individual Practices at http://nysd.uscourts.gov/judge/Parker concerning settlement conferences in advance of the call. Counsel for the parties are directed to call Judge Parker's Chambers court conference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. Telephone Conference set for 5/15/2023 at 12:30 PM before Magistrate Judge Katharine H. Parker. (Signed by Magistrate Judge Katharine H. Parker on 4/28/2023) (rro)
|
|
Filing 20
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Katharine H. Parker. SO ORDERED. (Signed by Judge Lorna G. Schofield on 4/27/23) (yv)
|
| Filing 19 LETTER addressed to Judge Lorna G. Schofield from Michael Taubenfeld dated April 26, 2023 re: Request for Referral to Magistrate Judge for Settlement Purposes. Document filed by Joel Rosario..(Taubenfeld, Michael) |
|
Filing 18
ORDER: It is hereby ORDERED that the April 19, 2023, initial pretrial conference is cancelled. If the parties believe that a conference would nevertheless be useful, they should inform the court immediately so the conference can be reinstated. The case management plan and scheduling order will issue in a separate order. The parties' attention is particularly directed to the provisions for periodic status letters, and the need for a pre-motion letter to avoid cancellation of the final conference and setting of a trial date. It is further ORDERED that if Plaintiff seeks to file a motion to certify a collective or a class, Plaintiff shall file a pre-motion letter pursuant to Individual Rules III.A.1. It is further ORDERED, in response to the parties' request for a settlement conference, a separate order will issue with a referral to the Magistrate Judge The parties should be aware that the Court does not extend the deadlines for fact and expert discovery absent compelling circumstances. (Signed by Judge Lorna G. Schofield on 4/18/2023) (vfr)
|
|
Filing 17
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: Any struck-through dates for which the Court has not supplied an alternative date shall be selected by the parties. All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. All fact discovery shall be completed no later than August 17, 2023. This case is not to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 2 days. By June 19, 2023 [60 days after the commencement of fact discovery], the parties shall submit a joint status letter, as outlined in Individual Rule IV.A.2. By August 31, 2023 [14 days after the close of fact discovery], the parties shall submit a joint status letter, as outlined in Individual Rule IV.A.2 and, in the event that they have not already been referred for settlement discussions, shall also advise the Court whether or not they request a referral for settlement discussions as provided in Paragraph 4(c) above. On October 18, 2023 at 4:20 P.M. [usually 14 days after the close of all discovery], a pre-motion conference will be held for any anticipated dispositive motions, provided, as further set forth herein. To join the conference, the parties shall call (888) 363-4749 and use Access Code 558-3333. The Clerk of Court is directed to enter the dates under paragraphs 5, 6, 8(a), 9(b)-(c) and 13(a)-(c) into the Court's calendar, and to schedule the conference under paragraph 13(c) as a Pre-Motion Conference, even though the conference will be held by telephone. SO ORDERED. Amended Pleadings due by 5/19/2023. Joinder of Parties due by 5/19/2023. Fact Discovery due by 8/17/2023. Pre-Motion Conference set for 10/18/2023 at 04:20 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 4/18/2023) (vfr)
|
| Filing 16 LETTER addressed to Judge Lorna G. Schofield from Kevin P. Gildea dated 04/12/2023 re: Joint letter in preparation of April 19, 2023 conference. Document filed by Maryanns 353 Mex, Inc. d/b/a Zona Tribeca Mezcaleria..(Gildea, Kevin) |
| Filing 15 PROPOSED SCHEDULING ORDER. Document filed by Maryanns 353 Mex, Inc. d/b/a Zona Tribeca Mezcaleria..(Gildea, Kevin) |
|
Filing 14
ORDER granting #13 Motion for Andrew J. Adams to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
|
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Andrew J. Adams to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (dsh) |
| Filing 13 MOTION for Andrew J. Adams to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Maryanns 353 Mex, Inc. d/b/a Zona Tribeca Mezcaleria, Huascar Then. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Affidavit Affidavit in Support of Motion for Pro Hac Vice Admission, #3 Text of Proposed Order Proposed Order).(Adams, Andrew) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #11 MOTION for Andrew J. Adams to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27542579. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Proposed Order(filed separately). Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (sgz) |
| Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER. Document filed by Maryanns 353 Mex, Inc. d/b/a Zona Tribeca Mezcaleria, Huascar Then. Related Document Number: #11 ..(Adams, Andrew) Proposed Order to be reviewed by Clerk's Office staff. Modified on 3/31/2023 (sgz). |
| Filing 11 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Andrew J. Adams to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27542579. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Maryanns 353 Mex, Inc. d/b/a Zona Tribeca Mezcaleria, Huascar Then..(Adams, Andrew) Modified on 3/31/2023 (sgz). |
|
Filing 10
ORDER granting in part and denying in part #9 Letter Motion for Extension of Time to Answer re #9 LETTER MOTION for Extension of Time to File Answer to Complaint addressed to Judge Lorna G. Schofield from Kevin P. Gildea dated March 28, 2023., #1 Complaint. Application GRANTED in part and DENIED in part. Defendants shall answer, move or otherwise respond to the Complaint by May 3, 2023. The request or adjournment of the initial pretrial conference is denied. (Signed by Judge Lorna G. Schofield on 3/30/2023) (tro)
|
| Set/Reset Deadlines: Maryanns 353 Mex, Inc. d/b/a Zona Tribeca Mezcaleria answer due 5/3/2023; Huascar Then answer due 5/3/2023. (tro) |
| Filing 9 LETTER MOTION for Extension of Time to File Answer to Complaint addressed to Judge Lorna G. Schofield from Kevin P. Gildea dated March 28, 2023. Document filed by Maryanns 353 Mex, Inc. d/b/a Zona Tribeca Mezcaleria, Huascar Then..(Gildea, Kevin) |
| Filing 8 SUMMONS RETURNED EXECUTED. Maryanns 353 Mex, Inc. d/b/a Zona Tribeca Mezcaleria served on 3/22/2023, answer due 4/12/2023. Service was accepted by Claudia Geraldo. Document filed by Joel Rosario..(Taubenfeld, Michael) |
| Filing 7 SUMMONS RETURNED EXECUTED. Huascar Then served on 3/22/2023, answer due 4/12/2023. Service was accepted by Claudia Geraldo. Document filed by Joel Rosario..(Taubenfeld, Michael) |
| Filing 6 SUMMONS RETURNED EXECUTED. Maryanns 353 Mex, Inc. d/b/a Zona Tribeca Mezcaleria served on 3/13/2023, answer due 4/3/2023. Service was accepted by Sue Zouky. Document filed by Joel Rosario..(Taubenfeld, Michael) |
|
Filing 5
ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that a telephonic conference will be held on April 19, 2023 at 4:20 p.m. The parties shall call (888) 363-4749 and enter the access code 558-3333. The telephonic conference is public, and the time of the conference is approximate, but the parties shall be ready to proceed by that time. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties shall ensure they are all dialed into the conference call by the appointed conference time. IT IS FURTHER ORDERED that the parties shall file a joint letter on ECF by April 12, 2023 at noon, not to exceed five (5) pages, providing the following information in separate paragraphs: as set forth herein. DATE AND TIME OF TELEPHONIC CONFERENCE: April 19, 2023 at 4:20 p.m. IPTC MATERIALS DUE: April 12, 2023 at noon. Telephonic Initial Conference set for 4/19/2023 at 04:20 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 3/06/2023) (ama)
|
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Maryanns 353 Mex, Inc. d/b/a Zona Tribeca Mezcaleria, Huascar Then..(pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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) |
| Magistrate Judge Katharine H. Parker 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 Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Taubenfeld. The party information for the following party/parties has been modified: Joel Rosario. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Maryann's 353 Mex, Inc. d/b/a Zona Tribeca Mezcaleria, Huascar Then, re: #1 Complaint. Document filed by Joel Rosario..(Taubenfeld, Michael) |
| Filing 2 CIVIL COVER SHEET filed..(Taubenfeld, Michael) |
| Filing 1 COMPLAINT against Maryanns 353 Mex, Inc. d/b/a Zona Tribeca Mezcaleria, Huascar Then. (Filing Fee $ 402.00, Receipt Number ANYSDC-27420056)Document filed by Joel Rosario..(Taubenfeld, Michael) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
