Garcia Aquino v. Polanco
| Jose Garcia Aquino |
| Nilson Polanco doing business as Nilson Construction |
| 1:2023cv03406 |
| April 24, 2023 |
| US District Court for the Southern District of New York |
| Lewis J Liman |
| Labor: Fair Standards |
| Plaintiff |
Docket Report
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| Mailed a copy of #19 Order, to Nilson Polanco at 102 W 183rd Street 2C Bronx, NY 10453. (ok) |
Filing 19
ORDER: It is hereby ORDERED that all parties appear for an Initial Pretrial Conference by TELEPHONE on June 28, 2023, at 11:00 a.m. Parties are directed to dial into the Court's teleconference number at 888-251-2909, Access Code 2123101, and follow the necessary prompts. The Clerk of Court is directed to mail a copy of this Order to the pro se Defendant, Nilson Polanco. SO ORDERED., (Telephonic Initial Conference set for 6/28/2023 at 11:00 AM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 6/21/2023) (ama) Transmission to Pro Se Assistants for processing.
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Filing 18
SCHEDULING ORDER: It is hereby: ORDERED that all parties appear for an Initial Pretrial Conference by TELEPHONE on June 28, 2023, at 11:00 a.m. Parties are directed to dial into the Court's teleconference number at 888-251-2909, Access Code 2123101, and follow the necessary prompts. Initial Conference set for 6/28/2023 at 11:00 AM before Judge Lewis J. Liman. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (mcf)
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| Filing 17 STATUS REPORT. Document filed by Jose Garcia Aquino..(Schlade, Daniel) |
| Filing 16 NOTICE OF APPEARANCE by Daniel Schlade on behalf of Jose Garcia Aquino..(Schlade, Daniel) |
| Filing 15 CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:22-cv-05553. Original file certified copy of transfer order and docket entries received. |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Lewis J. Liman. 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..(tro) |
| Magistrate Judge Jennifer Willis 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. (tro) |
| 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. (tro) |
| Case Designated ECF. (tro) |
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Filing 14
MEMORANDUM & ORDER granting #12 Motion to Change Venue: Aquino's motion is granted. The Clerk of the Court is respectfully directed to transfer this case to the Southern District of New York. Local Rule 83.1 of the Eastern District, which requires a seven-day delay between the date of this order and transfer, is waived. ORDER ATTACHED. Ordered by Judge Eric R. Komitee on 4/14/2023. (COPY MAILED). Case transferred to District of Southern 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 4/24/2023.]
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| Filing 13 CERTIFICATE OF SERVICE re: service of Deft's #11 Answer to Complaint by e-mail upon Daniel Schlade, Esq., filed by Nilson Polanco. (SG) [Transferred from New York Eastern on 4/24/2023.] |
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ORDER: The initial conference previously scheduled for April 21, 2023 is adjourned sine die. Ordered by Magistrate Judge Peggy Kuo on 4/5/2023. (RO) [Transferred from New York Eastern on 4/24/2023.]
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| Filing 12 First MOTION to Change Venue 1:22-cv-05553-EK-PK Garcia Aquino v. Polanco by Jose Garcia Aquino. (Schlade, Daniel) [Transferred from New York Eastern on 4/24/2023.] |
| Filing 11 ANSWER to #1 Complaint, by Nilson Polanco. (EG) [Transferred from New York Eastern on 4/24/2023.] |
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Filing 10
SCHEDULING ORDER: An Initial Conference will be held by telephone in this case on April 21, 2023 at 11:30 a.m. before Peggy Kuo, United States Magistrate Judge. Counsel with knowledge and authority for all represented parties must attend. Per diem counsel may not appear without prior permission of the Court. For any party not represented by counsel, that party must attend. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.)The parties are directed to the annexed Initial Conference Order for instructions, and should discuss the attached Proposed Discovery Plan, in advance of the conference. Any request for adjournment of this or any other conference must be made in writing, must notify the opposing parties, and must disclose whether or not all parties consent to the request. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Plaintiff's counsel is directed to ensure defendant is aware of this Order. Ordered by Magistrate Judge Peggy Kuo on 3/22/2023.(Copy of this Order and Judge Kuo's Individual Practice Rules is mailed to pro se defendant.) (RO) [Transferred from New York Eastern on 4/24/2023.]
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ORDER granting #9 Motion for Extension of Time to Answer. The deadline for defendant Nilson Polanco to answer or otherwise respond to the Complaint is extended to April 12, 2023. Ordered by Magistrate Judge Peggy Kuo on 3/22/2023. (RO) [Transferred from New York Eastern on 4/24/2023.]
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| Filing 9 Letter MOTION for Extension of Time to File Answer re #1 Complaint, . Defendant seeks to file an answer by April 11th, 2023. Filed. by Nilson Polanco. (VM) [Transferred from New York Eastern on 4/24/2023.] |
| Filing 8 SUMMONS Returned Executed by Jose Garcia Aquino. Nilson Polanco served on 2/28/2023, answer due 3/21/2023. (Schlade, Daniel) [Transferred from New York Eastern on 4/24/2023.] |
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ORDER: In light of the #8 Summons Returned Executed, the deadline for the parties to file a joint status report regarding settlement efforts is extended sua sponte to June 14, 2023. If the parties are unable to settle on their own, the case will be referred to EDNY Court-Annexed Mediation for formal mediation. The parties may move to waive these requirements and permit the parties to proceed by way of a Proposed Discovery Plan only for good cause, by filing a joint letter request on ECF. Ordered by Magistrate Judge Peggy Kuo on 3/16/2023. (RO) [Transferred from New York Eastern on 4/24/2023.]
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| Filing 7 Summons Returned Unexecuted by Jose Garcia Aquino as to Nilson Polanco. (Schlade, Daniel) [Transferred from New York Eastern on 4/24/2023.] |
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Filing 6
ORDER IN FLSA CASE REQUIRING DISCOVERY AND SETTING INITIAL PRETRIAL DISCOVERY AND MEDIATION SCHEDULE: The parties are ordered to engage in discovery as outlined in the attached Order, and to engage in early settlement discussions. A joint status report regarding settlement efforts must be filed by March 16, 2023. If the parties are unable to settle on their own, the case will be referred to EDNY Court-Annexed Mediation for formal mediation. The parties may move to waive these requirements and permit the parties to proceed by way of a Proposed Discovery Plan only for good cause, by filing a joint letter request on ECF. Ordered by Magistrate Judge Peggy Kuo on 9/21/2022. (O'Neil-Berven, Ryan) [Transferred from New York Eastern on 4/24/2023.]
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| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) [Transferred from New York Eastern on 4/24/2023.] |
| 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. (Bowens, Priscilla) [Transferred from New York Eastern on 4/24/2023.] |
| Filing 3 Summons Issued as to Nilson Polanco. (Bowens, Priscilla) [Transferred from New York Eastern on 4/24/2023.] |
| Filing 2 NOTICE of Appearance by Daniel Schlade on behalf of Jose Garcia Aquino (notification declined or already on case) (Schlade, Daniel) [Transferred from New York Eastern on 4/24/2023.] |
| Filing 1 COMPLAINT Jose Garcia Aquino v. Nilson Polanco d/b/a Nilson Construction against Nilson Polanco filing fee $ 402, receipt number ANYEDC-15948228 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Jose Garcia Aquino. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Proposed Summons Nilson Polanco) (Schlade, Daniel) [Transferred from New York Eastern on 4/24/2023.] |
| Case Assigned to Judge Eric R. Komitee and Magistrate Judge Peggy Kuo. 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. (Bowens, Priscilla) [Transferred from New York Eastern on 4/24/2023.] |
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| Plaintiff: Jose Garcia Aquino | |
| Represented By: | Daniel Schlade |
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| Defendant: Nilson Polanco doing business as Nilson Construction | |
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