Mera v. SA Hospitality Group, LLC et al
| Danilo Mera |
| SA Hospitality Group, LLC, Cafe Focaccia, Inc., Eighty Third and First LLC, Felice Gold Street LLC, Felice Chambers LLC, Felice 240, LLC, Felice Hudson, LLC, Felice Roslyn LLC, Felice Montague, LLC, John Doe Corporation d/b/a Felice, Dimitri Pauli, Jacopo Giustiniani, Cafe Focaccia, Inc. doing business as Felice Wine Bar, Eighty Third and First LLC doing business as Felice, Felice Gold Street LLC doing business as Felice, Felice Chambers LLC doing business as Felice, Felice 240, LLC doing business as Felice, Felice Hudson, LLC doing business as Felice, Felice Roslyn LLC doing business as Felice, Felice Montague, LLC doing business as Felice and John Doe Corporation doing business as Felice |
| 1:2023cv03492 |
| April 26, 2023 |
| US District Court for the Southern District of New York |
| Stewart D Aaron |
| Paul G Gardephe |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 27, 2023. A more recent docket listing may be available from PACER.
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Filing 36
LETTER MOTION for Conference Regarding Defendants' Anticipated Motion to Dismiss Complaint addressed to Judge Paul G. Gardephe from William J. Anthony dated June 23, 2023. Document filed by Cafe Focaccia, Inc., Eighty Third and First LLC, Felice 240, LLC, Felice Chambers LLC, Felice Gold Street LLC, Felice Hudson, LLC, Felice Montague, LLC, Felice Roslyn LLC, Jacopo Giustiniani, Dimitri Pauli, SA Hospitality Group, LLC..(Anthony, William)
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Filing 35
ANSWER to #1 Complaint,,. Document filed by Cafe Focaccia, Inc...(Anthony, William)
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Filing 34
ORDER granting #33 Letter Motion for Extension of Time to File Response/Reply re #33 LETTER MOTION for Extension of Time to File Response/Reply as to #32 Order on Motion to Compel Arbitration, addressed to Judge Paul G. Gardephe from C.K. Lee dated June 15, 2023. The Application is granted. SO ORDERED.. (Signed by Judge Paul G. Gardephe on 6/21/2023) (kv)
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Filing 33
LETTER MOTION for Extension of Time to File Response/Reply as to #32 Order on Motion to Compel Arbitration,,,,,,, addressed to Judge Paul G. Gardephe from C.K. Lee dated June 15, 2023. Document filed by Danilo Mera..(Lee, C.K.)
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Filing 32
ORDER granting in part and denying in part #27 Motion to Compel Arbitration; granting in part and denying in part #18 Motion to Compel Arbitration: For the reasons set forth..., Defendants' motion to compel arbitration is GRANTED IN PART and DENIED IN PART. Defendants' motion to compel arbitration is GRANTED with respect to Plaintiff's FLSA and NYLL claims (Counts I and II) and is DENIED with respect to Plaintiff's NYSHRL and NYCHRL claims (Counts III and IV). Accordingly, the action is stayed with respect to Counts I and II of the Complaint, pending arbitration. No later than December 31, 2023, Plaintiff shall file a letter to the ECF docket stating whether any arbitration proceedings have been commenced and, if so, the status of such proceedings. No later than June 23, 2023, Defendants shall answer, or move to dismiss, Counts III and IV of the Complaint. (Signed by Magistrate Judge Stewart D. Aaron on 06/03/2023) (Aaron, Stewart)
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Filing 31
REPLY MEMORANDUM OF LAW in Support re: #27 AMENDED MOTION to Compel Arbitration and Stay the Action. . Document filed by Cafe Focaccia, Inc., Eighty Third and First LLC, Felice 240, LLC, Felice Chambers LLC, Felice Gold Street LLC, Felice Hudson, LLC, Felice Montague, LLC, Felice Roslyn LLC, Jacopo Giustiniani, Dimitri Pauli, SA Hospitality Group, LLC..(Anthony, William)
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Filing 30
MEMORANDUM OF LAW in Opposition re: #18 MOTION to Compel Arbitration and Stay the Action. . Document filed by Danilo Mera..(Lee, C.K.)
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Filing 29
DECLARATION of William Anthony in Support re: #27 AMENDED MOTION to Compel Arbitration and Stay the Action.. Document filed by Cafe Focaccia, Inc., Eighty Third and First LLC, Felice 240, LLC, Felice Chambers LLC, Felice Gold Street LLC, Felice Hudson, LLC, Felice Montague, LLC, Felice Roslyn LLC, Jacopo Giustiniani, Dimitri Pauli, SA Hospitality Group, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B).(Anthony, William)
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Filing 28
MEMORANDUM OF LAW in Support re: #27 AMENDED MOTION to Compel Arbitration and Stay the Action. . Document filed by Cafe Focaccia, Inc., Eighty Third and First LLC, Felice 240, LLC, Felice Chambers LLC, Felice Gold Street LLC, Felice Hudson, LLC, Felice Montague, LLC, Felice Roslyn LLC, Jacopo Giustiniani, Dimitri Pauli, SA Hospitality Group, LLC..(Anthony, William)
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Filing 27
AMENDED MOTION to Compel Arbitration and Stay the Action. Document filed by Cafe Focaccia, Inc., Eighty Third and First LLC, Felice 240, LLC, Felice Chambers LLC, Felice Gold Street LLC, Felice Hudson, LLC, Felice Montague, LLC, Felice Roslyn LLC, Jacopo Giustiniani, Dimitri Pauli, SA Hospitality Group, LLC..(Anthony, William)
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Filing 26
FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - MOTION to Compel Arbitration and Stay the Action. Document filed by Cafe Focaccia, Inc., Eighty Third and First LLC, Felice 240, LLC, Felice Chambers LLC, Felice Gold Street LLC, Felice Hudson, LLC, Felice Montague, LLC, Felice Roslyn LLC, Jacopo Giustiniani, Dimitri Pauli, SA Hospitality Group, LLC..(Anthony, William) Modified on 5/19/2023 (lb).
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Filing 25
FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT#28) MEMORANDUM OF LAW in Support re: #24 AMENDED MOTION to Compel Arbitration and Stay the Action. . Document filed by Cafe Focaccia, Inc., Eighty Third and First LLC, Felice 240, LLC, Felice Chambers LLC, Felice Gold Street LLC, Felice Hudson, LLC, Felice Montague, LLC, Felice Roslyn LLC, Jacopo Giustiniani, Dimitri Pauli, SA Hospitality Group, LLC..(Anthony, William) Modified on 5/19/2023 (lb).
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Filing 24
FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT#27) AMENDED MOTION to Compel Arbitration and Stay the Action. Document filed by Cafe Focaccia, Inc., Eighty Third and First LLC, Felice 240, LLC, Felice Chambers LLC, Felice Gold Street LLC, Felice Hudson, LLC, Felice Montague, LLC, Felice Roslyn LLC, Jacopo Giustiniani, Dimitri Pauli..(Anthony, William) Modified on 5/19/2023 (lb).
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Filing 23
NOTICE OF APPEARANCE by Adriana Hope Foreman on behalf of Jacopo Giustiniani, Dimitri Pauli..(Foreman, Adriana)
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Filing 22
NOTICE OF APPEARANCE by William J. Anthony on behalf of Jacopo Giustiniani, Dimitri Pauli..(Anthony, William)
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Filing 21
SUMMONS RETURNED EXECUTED. Dimitri Pauli served on 5/1/2023, answer due 5/22/2023. Service was accepted by Taryn Leo - Vice President of Human Resources. Document filed by Danilo Mera..(Lee, C.K.)
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Filing 20
DECLARATION of William Anthony in Support re: #18 MOTION to Compel Arbitration and Stay the Action.. Document filed by Cafe Focaccia, Inc., Eighty Third and First LLC, Felice 240, LLC, Felice Chambers LLC, Felice Gold Street LLC, Felice Hudson, LLC, Felice Montague, LLC, Felice Roslyn LLC, John Doe Corporation, SA Hospitality Group, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B).(Anthony, William)
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Filing 19
MEMORANDUM OF LAW in Support re: #18 MOTION to Compel Arbitration and Stay the Action. . Document filed by Cafe Focaccia, Inc., Eighty Third and First LLC, Felice 240, LLC, Felice Chambers LLC, Felice Gold Street LLC, Felice Hudson, LLC, Felice Montague, LLC, Felice Roslyn LLC, John Doe Corporation, SA Hospitality Group, LLC..(Anthony, William)
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Filing 18
MOTION to Compel Arbitration and Stay the Action. Document filed by Cafe Focaccia, Inc., Eighty Third and First LLC, Felice 240, LLC, Felice Chambers LLC, Felice Gold Street LLC, Felice Hudson, LLC, Felice Montague, LLC, Felice Roslyn LLC, John Doe Corporation, SA Hospitality Group, LLC..(Anthony, William)
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Filing 17
SUMMONS RETURNED EXECUTED. Felice Montague, LLC served on 4/28/2023, answer due 5/19/2023. Document filed by Danilo Mera..(Lee, C.K.)
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Filing 16
SUMMONS RETURNED EXECUTED. Felice Roslyn LLC served on 4/28/2023, answer due 5/19/2023. Document filed by Danilo Mera..(Lee, C.K.)
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Filing 15
SUMMONS RETURNED EXECUTED. Felice Hudson, LLC served on 4/28/2023, answer due 5/19/2023. Document filed by Danilo Mera..(Lee, C.K.)
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Filing 14
SUMMONS RETURNED EXECUTED. Felice 240, LLC served on 4/28/2023, answer due 5/19/2023. Document filed by Danilo Mera..(Lee, C.K.)
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Filing 13
SUMMONS RETURNED EXECUTED. Felice Chambers LLC served on 4/28/2023, answer due 5/19/2023. Document filed by Danilo Mera..(Lee, C.K.)
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Filing 12
SUMMONS RETURNED EXECUTED. Felice Gold Street LLC served on 4/28/2023, answer due 5/19/2023. Document filed by Danilo Mera..(Lee, C.K.)
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Filing 11
SUMMONS RETURNED EXECUTED. Eighty Third and First LLC served on 4/28/2023, answer due 5/19/2023. Document filed by Danilo Mera..(Lee, C.K.)
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Filing 10
SUMMONS RETURNED EXECUTED. SA Hospitality Group, LLC served on 4/28/2023, answer due 5/19/2023. Document filed by Danilo Mera..(Lee, C.K.)
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Filing 9
SUMMONS RETURNED EXECUTED. Cafe Focaccia, Inc. served on 4/28/2023, answer due 5/19/2023. Document filed by Danilo Mera..(Lee, C.K.)
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Filing 8
NOTICE OF APPEARANCE by Adriana Hope Foreman on behalf of Cafe Focaccia, Inc., Eighty Third and First LLC, Felice 240, LLC, Felice Chambers LLC, Felice Gold Street LLC, Felice Hudson, LLC, Felice Montague, LLC, Felice Roslyn LLC, John Doe Corporation, SA Hospitality Group, LLC..(Foreman, Adriana)
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Filing 7
NOTICE OF APPEARANCE by William J. Anthony on behalf of Cafe Focaccia, Inc., Eighty Third and First LLC, Felice 240, LLC, Felice Chambers LLC, Felice Gold Street LLC, Felice Hudson, LLC, Felice Montague, LLC, Felice Roslyn LLC, John Doe Corporation, SA Hospitality Group, LLC..(Anthony, William)
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Filing 6
ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Stewart D. Aaron. SO ORDERED. (Signed by Judge Paul G. Gardephe on 5/01/2023) (ama)
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Filing 5
ELECTRONIC SUMMONS ISSUED as to Cafe Focaccia, Inc., Eighty Third and First LLC, Felice 240, LLC, Felice Chambers LLC, Felice Gold Street LLC, Felice Hudson, LLC, Felice Montague, LLC, Felice Roslyn LLC, Jacopo Giustiniani, John Doe Corporation, Dimitri Pauli, SA Hospitality Group, LLC..(jgo)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney C.K. Lee. The party information for the following party/parties has been modified: Danilo Mera; Cafe Focaccia, Inc.; Eighty Third and First LLC; Felice Gold Street LLC; Felice Chambers LLC; Felice 240, LLC; Felice Hudson, LLC; Felice Roslyn LLC; Felice Montague, LLC; John Doe Corporation d/b/a Felice. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; alias party name was omitted; party name was modified to add alias separately. (jgo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. 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..(jgo)
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Magistrate Judge Stewart D. Aaron 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. (jgo)
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Case Designated ECF. (jgo)
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Filing 4
CONSENT TO SUE UNDER THE F.L.S.A. Document filed by Danilo Mera..(Lee, C.K.)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to SA Hospitality Group, LLC, Cafe Focaccia, Inc., Eighty Third and First LLC, Felice Gold Street LLC, Felice Chambers LLC, Felice 240, LLC, Felice Hudson, LLC, Felice Roslyn LLC, Felice Montague, LLC, Dimitri Puali, and Jacopo Giustiniani, re: #1 Complaint,,. Document filed by Danilo Mera. (Attachments: #1 Supplement Rider).(Lee, C.K.)
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Filing 2
CIVIL COVER SHEET filed. (Attachments: #1 Supplement Rider).(Lee, C.K.)
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Filing 1
COMPLAINT against Cafe Focaccia, Inc., Eighty Third and First LLC, Felice 240, LLC, Felice Chambers LLC, Felice Gold Street LLC, Felice Hudson, LLC, Felice Montague, LLC, Felice Roslyn LLC, Jacopo Giustiniani, John Doe Corporation d/b/a Felice, Dimitri Pauli, SA Hospitality Group, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-27658993)Document filed by Danilo Mera. (Attachments: #1 Exhibit A. Defendants' Website, #2 Exhibit B. Defendants' Website - Locations, #3 Exhibit C. Defendants' Website - Reservations Page, #4 Exhibit D. Defendants' Social Media Pages).(Lee, C.K.)
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