Perez Farias v. Rainbow Cleaning Service, LLC et al
| Yuri Perez Farias |
| Rainbow Cleaning Service, LLC, Andrii Gurskyi and Irina Shebshenko |
| 1:2023cv03751 |
| May 4, 2023 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Barbara C Moses |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
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Filing 14
ORDER REFERRING CASE TO 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 Barbara C. Moses. (Signed by Judge Paul A. Engelmayer on 5/4/2023) (tg)
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| Filing 13 CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:23-cv-02763. Original file certified copy of transfer order and docket entries received. |
| Magistrate Judge Barbara C. Moses 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. (vba) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Paul A. Engelmayer. 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..(vba) |
| Case Designated ECF. (vba) |
| 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. (vba) |
| Filing 12 AFFIDAVIT/AFFIRMATION of Service by Yuri Perez Farias (Mizrahi, Jason) [Transferred from New York Eastern on 5/4/2023.] |
| Case transferred to the Southern District of New York pursuant to Electronic Order dtd. 5/2/2023. Case transferred electronically via PACER-ECF to the SD-NY. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (ML) [Transferred from New York Eastern on 5/4/2023.] |
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ORDER TRANSFERRING CASE TO THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK --- In response to this Court's Order to Show Cause dated April 14, 2023, Plaintiff has filed a letter stating that she consents to the transfer of this action to the Southern District of New York pursuant to 28 U.S.C. 1404(a). See, Ltr., Dkt. Entry No. #10 . Accordingly, the Clerk of the Court is directed to transfer this case to the U.S. District Court for the Southern District of New York and to close this case. Plaintiff is directed to serve a copy of the instant order on Defendants BY NO LATER THAN MAY 5, 2023 and, immediately thereafter, file proof of service with the Court. SO ORDERED by Judge Dora Lizette Irizarry on 5/2/2023. (CC) [Transferred from New York Eastern on 5/4/2023.]
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| Filing 11 AFFIDAVIT/AFFIRMATION of Service by Yuri Perez Farias (Mizrahi, Jason) [Transferred from New York Eastern on 5/4/2023.] |
| Filing 10 Letter by Yuri Perez Farias (Mizrahi, Jason) [Transferred from New York Eastern on 5/4/2023.] |
| Filing 9 SUMMONS Returned Executed by Yuri Perez Farias. Rainbow Cleaning Service, LLC served on 4/21/2023, answer due 5/12/2023. (Levin-Epstein, Joshua) [Transferred from New York Eastern on 5/4/2023.] |
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ORDER RE: FAILURE TO COMPLY --- By Electronic Order dated April 14, 2023, the Court directed Plaintiff, inter alia, to serve a copy of the Court's Electronic Order dated April 14, 2023 on Defendants and immediately thereafter file proof of service by no later than April 21, 2023. To date, Plaintiff has not done so. Accordingly, Plaintiff is ordered to serve a copy of the Court's Electronic Order dated April 14, 2023 and a copy of the instant order on Defendants and immediately thereafter file proof of service BY NO LATER THAN APRIL 28, 2023. Repeated orders from the Court to comply with Court directives and orders should not be necessary and are a waste of the Court's limited time and resources. SO ORDERED by Judge Dora Lizette Irizarry on 4/24/2023. (CC) [Transferred from New York Eastern on 5/4/2023.]
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| Filing 8 NOTICE of Appearance by Jason Mizrahi on behalf of Yuri Perez Farias (aty to be noticed) (Mizrahi, Jason) [Transferred from New York Eastern on 5/4/2023.] |
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ORDER TO SHOW CAUSE --- Show Cause Response due by 4/28/2023 --- The Court has concerns that venue in this District is not proper. Plaintiff alleges that "[v]enue is proper in this District under 28 U.S.C. 1391(b) and (c) because all events relevant to this action occurred in this District, and the acts and omissions giving rise to the claims herein alleged took place in this District." Compl., Dkt. Entry No. #1 , 5. However, the Complaint, which asserts federal and state labor law violations, indicates that Plaintiff was employed at Defendant Rainbow Cleaning Service LLC ("Defendant Rainbow") in New York, N.Y. and that Defendant Rainbow's principal place of business is in New York, N.Y. Id. 6, 9, 55-73. Plaintiff alleges that Defendant Rainbow maintains "an alternate address" in Hicksville, N.Y., but this allegation, without more, does not suffice to establish venue in this District and the Complaint is devoid of any other allegations implicating this District. Id. 9.Accordingly, Plaintiff is directed to show cause why this case should not be transferred to the Southern District of New York BY NO LATER THAN APRIL 28, 2023. If Plaintiff does not respond to this Order by April 28, 2023, or if Plaintiff responds to this Order indicating that she consents to transfer, the Court will transfer this case to the Southern District of New York pursuant to 28 U.S.C. 1404(a) without further notice. Plaintiff is directed to serve a copy of this Electronic Order on Defendants and immediately thereafter file proof of service BY NO LATER THAN APRIL 21, 2023. SO ORDERED by Judge Dora Lizette Irizarry on 4/14/2023. (CC) [Transferred from New York Eastern on 5/4/2023.]
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| Filing 7 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) [Transferred from New York Eastern on 5/4/2023.] |
| Filing 6 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. (SR) [Transferred from New York Eastern on 5/4/2023.] |
| Filing 5 Summons Issued as to All Defendants. (SR) [Transferred from New York Eastern on 5/4/2023.] |
| Case Assigned to Judge Dora Lizette Irizarry and Magistrate Judge Taryn A. Merkl. 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. (SR) [Transferred from New York Eastern on 5/4/2023.] |
| Filing 4 Proposed Summons. by Yuri Perez Farias (Levin-Epstein, Joshua) [Transferred from New York Eastern on 5/4/2023.] |
| Filing 3 Civil Cover Sheet.. by Yuri Perez Farias (Levin-Epstein, Joshua) [Transferred from New York Eastern on 5/4/2023.] |
| Filing 2 CONSENT to become party in a collective action. by Yuri Perez Farias (Levin-Epstein, Joshua) [Transferred from New York Eastern on 5/4/2023.] |
| Filing 1 COMPLAINT against Andrii Gurskyi, Rainbow Cleaning Service, LLC, Irina Shebshenko, filed by Yuri Perez Farias. (Levin-Epstein, Joshua) [Transferred from New York Eastern on 5/4/2023.] |
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