Vernaza Velazquez v. Valery Joseph Salon, LTD. et al
| David Fernando Vernaza Velazquez |
| Valery Joseph Salon, LTD., Valery Joseph @ BNYC, Inc., Valery Joseph @ Bridgehampton and Valery Joseph |
| 1:2023cv02525 |
| March 24, 2023 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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Filing 22
ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program to take place by July 7, 2023. The parties are hereby notified that Local Rule 83.9 shall govern the mediation and are directed to participate in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. To the extent possible, the Mediation Program is directed to appoint a mediator with expertise in the Fair Labor Standards Act.The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. Mediators will be assigned based on the nature of suit. Additional expertise requests should promptly be directed to the Mediation Office. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 5/25/2023. (Signed by Judge Lorna G. Schofield on 5/11/2023) (ama)
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Filing 21
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan is submitted by the parties in accordance with Fed. R. Civ. P. 26(f)(3). All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). The parties' request for a referral to the SDNY Mediation program is granted. The parties' request for a sixty day stay of discovery pending mediation is DENIED. Amended Pleadings due by 8/14/2023. Joinder of Parties due by 8/14/2023. Deposition due by 10/14/2023. All Fact Discovery due by 9/15/2023. The parties may modify any of the deadlines contained in paragraphs 8(b) through 8(f) by mutual agreement, provided all fact discovery is complete by September 15, 2023. 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: 2-3 days. By 7/16/2023, the parties shall submit a joint status letter. By 9/29/2023, the parties shall submit a joint status letter. A Pre-Motion Conference set for 10/18/2023 at 04:10 PM before Judge Lorna G. Schofield. To join the conference, the parties shall call (888) 363-4749 and use Access Code 558-3333. And as set forth herein. SO ORDERED. (Signed by Judge Lorna G. Schofield on 5/11/2023) (ama)
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Filing 20
ORDER: It is hereby ORDERED that the May 17, 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 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 furtherORDERED that if Defendant(s) seek to file a motion to dismiss, they shall file a pre-motion letter pursuant to Individual Rules III.A.1 and III.C.2. It is further ORDERED, regarding settlement discussions, the parties' request for a referral to mediation is GRANTED. The referral will issue in a separate order.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 5/11/2023) (ama)
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| Filing 19 JOINT LETTER addressed to Judge Lorna G. Schofield from Jason Mizrahi dated May 10, 2023 re: Position Statements and Case Management Plan. Document filed by David Fernando Vernaza Velazquez. (Attachments: #1 Exhibit Proposed Case Management Plan).(Mizrahi, Eunon) |
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Filing 18
ORDER granting #17 Motion to Vacate #17 MOTION to Vacate #14 Clerk's Certificate of Default, #15 Clerk's Certificate of Default . Application GRANTED. Good cause exists to set aside the certificates of default issued on April 28, 2023, because the parties' letter represents that Defendants' default was not willful, Plaintiff will suffer no prejudice from setting aside the judgments, and Defendants intend to contest Plaintiff's claims on the merits. See Fed. R. Civ. P. 55(c); Beyonics Int'l PTE Ltd. v. Smith, 833 F. App'x 492, 493 (2d Cir. 2020). Defendants shall answer, move or otherwise respond to the Complaint by June 16, 2023. The parties are apprised that the date of the initial conference and deadline to file a joint letter and proposed case management plan, as described in the Order issued March 27, 2023, remain the same. So Ordered.. (Signed by Judge Lorna G. Schofield on 5/3/2023) (ks)
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| Set/Reset Deadlines: Valery Joseph answer due 6/16/2023; Valery Joseph @ BNYC, Inc. answer due 6/16/2023; Valery Joseph @ Bridgehampton answer due 6/16/2023; Valery Joseph Salon, LTD. answer due 6/16/2023. Motions due by 6/16/2023. (ks) |
| Filing 17 MOTION to Vacate #14 Clerk's Certificate of Default, #15 Clerk's Certificate of Default . Document filed by Valery Joseph, Valery Joseph @ BNYC, Inc., Valery Joseph @ Bridgehampton, Valery Joseph Salon, LTD...(Domanick, Timothy) |
| Filing 16 NOTICE OF APPEARANCE by Timothy James Domanick on behalf of Valery Joseph, Valery Joseph @ BNYC, Inc., Valery Joseph @ Bridgehampton, Valery Joseph Salon, LTD...(Domanick, Timothy) |
| Filing 15 CLERK'S CERTIFICATE OF DEFAULT as to Valery Joseph.(km) |
| Filing 14 CLERK'S CERTIFICATE OF DEFAULT as to Valery Joseph Salon, Ltd.(km) |
| Filing 13 AFFIRMATION of Jason Mizrahi in Support re: #12 Proposed Clerk's Certificate of Default. Document filed by David Fernando Vernaza Velazquez. (Attachments: #1 Text of Proposed Order Request for Entry of Default).(Mizrahi, Eunon) |
| Filing 12 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by David Fernando Vernaza Velazquez..(Mizrahi, Eunon) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 4/28/2023 (km). |
| Filing 11 AFFIRMATION of Jason Mizrahi in Support re: #10 Proposed Clerk's Certificate of Default. Document filed by David Fernando Vernaza Velazquez. (Attachments: #1 Text of Proposed Order Request for Entry of Default).(Mizrahi, Eunon) |
| Filing 10 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by David Fernando Vernaza Velazquez..(Mizrahi, Eunon) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 4/28/2023 (km). |
| Filing 9 SUMMONS RETURNED EXECUTED. Valery Joseph served on 4/4/2023, answer due 4/25/2023. Service was accepted by Meirav Arad (Co-Worker). Document filed by David Fernando Vernaza Velazquez..(Levin-Epstein, Joshua) |
| Filing 8 SUMMONS RETURNED EXECUTED. Valery Joseph Salon, LTD. served on 4/3/2023, answer due 4/24/2023. Document filed by David Fernando Vernaza Velazquez..(Levin-Epstein, Joshua) |
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Filing 7
ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that a telephone conference will be held on May 17, 2023 at 4:10 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 May 10, 2023 at noon, not to exceed five (5) pages, providing the following information in separate paragraphs: as set forth herein. Counsel who have noticed an appearance as of the issuance of this order are directed (i) to notify all other parties' attorneys in this action by serving upon each of them a copy of this order and the Court's Individual Rules forthwith, and (ii) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must send a copy of this order and Individual Rules to that party personally. DATE AND TIME OF TELEPHONIC CONFERENCE: May 17, 2023 at 4:10 p.m. IPTC MATERIALS DUE: May 10, 2023 at noon. Telephonic Initial Conference set for 5/17/2023 at 04:10 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 3/27/2023) (ama)
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| Filing 6 ELECTRONIC SUMMONS ISSUED as to Valery Joseph, Valery Joseph @ BNYC, Inc., Valery Joseph @ Bridgehampton, Valery Joseph Salon, LTD...(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 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) |
| Case Designated ECF. (pc) |
| Filing 5 NOTICE OF APPEARANCE by Joshua Levin-Epstein on behalf of David Fernando Vernaza Velazquez..(Levin-Epstein, Joshua) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Valery Joseph Salon, LTD., Valery Joseph @ BNYC, Inc., Valery Joseph @ Bridgehampton, Inc., and Valery Joseph, re: #1 Complaint,. Document filed by David Fernando Vernaza Velazquez..(Levin-Epstein, Joshua) |
| Filing 3 CIVIL COVER SHEET filed..(Levin-Epstein, Joshua) |
| Filing 2 CONSENT TO SUE. Document filed by David Fernando Vernaza Velazquez..(Levin-Epstein, Joshua) |
| Filing 1 COMPLAINT against Valery Joseph, Valery Joseph @ BNYC, Inc., Valery Joseph @ Bridgehampton, Valery Joseph Salon, LTD.. (Filing Fee $ 402.00, Receipt Number ANYSDC-27517520)Document filed by David Fernando Vernaza Velazquez..(Mizrahi, Eunon) |
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