Cruz v. Alpine Construction & Renovation Corp. et al
| Luis Cruz, Ramiro Urena, Pascual Rosa, Rudy Florimon, Jose Polanco, Cristobal Morel, Fermin Perez, Cristobal Liz, Vladimir De Jesus Perez, Escando Muller, Miguel Rosado, Felipe Suazo, Robert Santana, Fernando Portilla, Henry Munoz, Rolando Vasquez, Ulise Brito and Manuel Nolasco |
| Alpine Construction & Renovation Corp. and Anthony Marcelino Grace |
| 1:2023cv02748 |
| April 1, 2023 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Analisa Torres |
| Labor: Fair Standards |
| 29 U.S.C. § 216 (b) FLSA: Minimum wage or overtime compensation |
| None |
Docket Report
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Filing 37
MEMO ENDORSEMENT on re: #36 Notice of Settlement, filed by Cristobal Morel, Rolando Vasquez, Escando Muller, Henry Munoz, Fernando Portilla, Ramiro Urena, Robert Santana, Cristobal Liz, Manuel Nolasco, Ulise Brito, Pascual Rosa, Felipe Suazo, Miguel Rosado, Vladimir De Jesus Perez, Jose Polanco, Luis Cruz, Rudy Florimon, Fermin Perez. ENDORSEMENT Granted. The parties shall file their joint motion for settlement approval by October 23, 2023. SO ORDERED. (Motions due by 10/23/2023.) (Signed by Judge Analisa Torres on 9/21/2023) (jca)
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| Filing 36 NOTICE of Settlement In Principle. Document filed by Ulise Brito, Luis Cruz, Rudy Florimon, Cristobal Liz, Cristobal Morel, Escando Muller, Henry Munoz, Manuel Nolasco, Fermin Perez, Vladimir De Jesus Perez, Jose Polanco, Fernando Portilla, Pascual Rosa, Miguel Rosado, Robert Santana, Felipe Suazo, Ramiro Urena, Rolando Vasquez..(Stillman, Lina) |
| SUBSEQUENT MEDIATION CONFERENCE. Mediation Conference scheduled for 9/19/2023 at 10:00 AM in telephone or video conference.(mnp) |
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Filing 35
CASE MANAGEMENT PLAN: This Civil Case Management Plan (the "Plan") is submitted by the parties in accordance with Rule 26()(3), Fed. R. Civ. P. All parties DO NOT CONSENT to conducting all further proceedings before a magistrate judge, including motions and trial. 28 U.S.C. 636(c). This case NOT to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is: 4 Days. Deposition due by 12/20/2023. Fact Discovery due by 1/31/2024. Case Management Conference set for 2/27/2024 at 10:00 AM before Judge Analisa Torres. (And as further set forth herein.) SO ORDERED. (Signed by Judge Analisa Torres on 9/14/2023) (jca)
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| Filing 34 PROPOSED CASE MANAGEMENT PLAN. Document filed by Ulise Brito, Luis Cruz, Rudy Florimon, Cristobal Liz, Cristobal Morel, Escando Muller, Henry Munoz, Manuel Nolasco, Fermin Perez, Vladimir De Jesus Perez, Jose Polanco, Fernando Portilla, Pascual Rosa, Miguel Rosado, Robert Santana, Felipe Suazo, Ramiro Urena, Rolando Vasquez..(Stillman, Lina) |
| Minute Entry for proceedings held before SDNY Mediation: Mediation Conference held on 8/30/2023. Mediation Status due by 9/29/2023. (mnp) |
| Filing 33 CONSENT TO SUE UNDER THE FLSA. Document filed by Escando Muller..(Stillman, Lina) |
| Filing 32 CONSENT TO SUE UNDER THE FLSA. Document filed by Vladimir De Jesus Perez..(Stillman, Lina) |
| Filing 31 CONSENT TO SUE UNDER THE FLSA. Document filed by Manuel Nolasco..(Stillman, Lina) |
| Filing 30 CONSENT TO SUE UNDER THE FLSA. Document filed by Henry Munoz..(Stillman, Lina) |
| Filing 29 CONSENT TO SUE UNDER THE FLSA. Document filed by Felipe Suazo..(Stillman, Lina) |
| Filing 28 CONSENT TO SUE UNDER THE FLSA. Document filed by Ulise Brito..(Stillman, Lina) |
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Filing 27
ORDER re: #5 Order. To date, the parties have not filed those submissions. Accordingly, by September 13, 2023, the parties shall file a joint letter and proposed case management plan. SO ORDERED. (Signed by Judge Analisa Torres on 8/14/2023) (kv)
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| FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 8/30/2023 at 10:30 AM in telephone or video conference.(mnp) |
| Filing 26 CONSENT TO JOIN CLASS. Document filed by Robert Santana..(Stillman, Lina) |
| Filing 25 CONSENT TO JOIN CLASS. Document filed by Miguel Rosado..(Stillman, Lina) |
| Filing 24 CONSENT TO SUE UNDER THE FLSA. Document filed by Cristobal Morel..(Stillman, Lina) |
| Filing 23 CONSENT TO SUE UNDER THE FLSA. Document filed by Fernando Portilla..(Stillman, Lina) |
| Filing 22 CONSENT TO SUE UNDER THE FLSA. Document filed by Henry Munoz..(Stillman, Lina) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 7/28/2023.(sge) |
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Filing 21
ORDER granting #20 Letter Motion for Extension of Time to Answer re #20 FIRST LETTER MOTION for Extension of Time to File Answer to Complaint addressed to Judge Analisa Torres from Andrew P. Yacyshyn dated 06/21/2023., #1 Complaint. GRANTED. SO ORDERED. Alpine Construction & Renovation Corp. answer due 9/22/2023; Anthony Marcelino Grace answer due 9/22/2023. (Signed by Judge Analisa Torres on 6/22/2023) (tg)
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| Filing 20 FIRST LETTER MOTION for Extension of Time to File Answer to Complaint addressed to Judge Analisa Torres from Andrew P. Yacyshyn dated 06/21/2023. Document filed by Alpine Construction & Renovation Corp., Anthony Marcelino Grace..(Yacyshyn, Andrew) |
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Filing 19
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 6/29/2023. (Signed by Judge Analisa Torres on 12/10/2019) (sge)
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| Filing 18 NOTICE OF APPEARANCE by Andrew Paul Yacyshyn on behalf of Alpine Construction & Renovation Corp., Anthony Marcelino Grace..(Yacyshyn, Andrew) |
| Filing 17 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Rolando Vasquez..(Stillman, Lina) |
| Filing 16 SUMMONS RETURNED EXECUTED. Anthony Marcelino Grace served on 6/2/2023, answer due 6/23/2023. Service was accepted by JOHN DOE, GENERAL AGENT. Service was made by PERSON. Document filed by Escando Muller; Vladimir De Jesus Perez; Henry Munoz; Fernando Portilla; Luis Cruz; Miguel Rosado; Felipe Suazo; Cristobal Morel; Ramiro Urena; Rudy Florimon; Jose Polanco; Cristobal Liz; Pascual Rosa; Robert Santana; Fermin Perez..(Stillman, Lina) |
| Filing 15 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Cristobal Liz, Vladimir De Jesus Perez, Escando Muller, Miguel Rosado, Felipe Suazo, Robert Santana, Fernando Portilla, Henry Munoz..(Stillman, Lina) |
| Filing 14 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Fermin Perez..(Stillman, Lina) |
| Filing 13 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Jose Polanco, Cristobal Morel..(Stillman, Lina) |
| Filing 12 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Rudy Florimon..(Stillman, Lina) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Alpine Construction & Renovation Corp., Anthony Marcelino Grace..(jgo) |
| Filing 10 FILING ERROR - DUPLICATE DOCKET ENTRY - REQUEST FOR ISSUANCE OF SUMMONS as to ALPINE CONSTRUCTION & RENOVATION CORP. and ANTHONY MARCELINO GRACE, re: #1 Complaint. Document filed by Luis Cruz, Pascual Rosa, Ramiro Urena..(Stillman, Lina) Modified on 4/25/2023 (jgo). |
| Filing 9 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Ramiro Urena, Pascual Rosa..(Stillman, Lina) |
| Filing 8 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(1). Document filed by Luis Cruz..(Stillman, Lina) Proposed Default Judgment to be reviewed by Clerk's Office staff. Modified on 4/4/2023 (km). |
| ***NOTICE TO ATTORNEY REGARDING REJECTED DOCUMENT - PDF ERROR. Notice to Attorney Lina Stillman regarding Document #8 Proposed Default Judgment. The document was rejected because it was filed in the wrong case. (km) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to ALPINE CONSTRUCTION & RENOVATION CORP. and ANTHONY MARCELINO GRAC, re: #1 Complaint. Document filed by Luis Cruz..(Stillman, Lina) |
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Filing 6
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 discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (as further set forth herein). SO ORDERED. (Signed by Judge Analisa Torres on 4/3/2023) (kv)
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Filing 5
INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by August 1, 2023, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. (Signed by Judge Analisa Torres on 4/3/2023) (kv)
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Filing 4
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 4/3/2023) (kv)
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| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Lina Stillman. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:5(a) Fair Labor Standards Act; County code Bronx; Fee Status code pend (IFP pending). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:216(b) FLSA: Minimum wage or overtime compensation; the County code has been modified to New York; the Fee Status code has been modified to pd (paid). (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Lina Stillman. The party information for the following party/parties has been modified: Anthony Marcelo Grace. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; party name entered incorrectly. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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..(vf) |
| Case Designated ECF. (vf) |
| 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. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Lina Stillman to RE-FILE Document No. #2 Request for Issuance of Summons. The filing is deficient for the following reason(s): the form used for the summons is blank. 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. (vf) |
| Filing 3 CIVIL COVER SHEET filed..(Stillman, Lina) |
| Filing 2 FILING ERROR - DEFICIENT - SUMMONS REQUESTED BLANK SUMMONS FORM - REQUEST FOR ISSUANCE OF SUMMONS as to ALPINE CONSTRUCTION & RENOVATION CORP. and ANTHONY MARCELINO GRACE, re: #1 Complaint. Document filed by Luis Cruz..(Stillman, Lina) Modified on 4/3/2023 (vf). |
| Filing 1 COMPLAINT against Alpine Construction & Renovation Corp., Anthony Marcelo Grace. (Filing Fee $ 402.00, Receipt Number ANYSDC-27550607)Document filed by Luis Cruz..(Stillman, Lina) |
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