Garcia et al v. IL Postino, Inc. et al
| Julio Tellez Garcia |
| IL Postino, Inc. and Luigi Russo |
| 1:2023cv04053 |
| May 16, 2023 |
| US District Court for the Southern District of New York |
| Ronnie Abrams |
| Robert W Lehrburger |
| Labor: Fair Standards |
| 28 U.S.C. § 1331 fl Fed. Question: Fair Labor Standards |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 29, 2023. A more recent docket listing may be available from PACER.
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| Filing 18 NOTICE of Hearing: Initial Pretrial Conference set for 9/6/2023 at 9:30 AM before Magistrate Judge Robert W. Lehrburger. The conference will be held telephonically. The parties are instructed to call (888) 398-2342 and enter access code 9543348. Counsel shall jointly complete and file Judge Lehrburger's [Proposed] Civil Case Management Plan and Scheduling Order, which must be submitted in compliance with Judge Lehrburger's Individual Practices no later than one week before the initial case management conference. If suitable for the case, the parties are encouraged to use Judge Lehrburger's model Joint Electronic Discovery Submission and Proposed Order. These forms are available on the SDNY website at https://www.nysd.uscourts.gov/hon-robert-w-lehrburger. (rsh) |
Filing 17
ORDER granting #16 Letter Motion to Adjourn Conference. The requested adjournment is granted, and the IPTC will be rescheduled. Unless the IPTC takes place earlier, the parties shall jointly file a status report by August 28, 2023. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 7/11/2023) (mml)
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| Filing 16 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Robert W. Lehrburger from Matthew A Brown dated 7/11/23. Document filed by IL Postino, Inc., Luigi Russo..(Brown, Matthew) |
| Filing 15 NOTICE of Hearing: Initial Pretrial Conference set for 7/19/2023 at 9:30 AM before Magistrate Judge Robert W. Lehrburger. The conference will be held telephonically. The parties are instructed to call (888) 398-2342 and enter access code 9543348. Counsel shall jointly complete and file Judge Lehrburger's [Proposed] Civil Case Management Plan and Scheduling Order, which must be submitted in compliance with Judge Lehrburger's Individual Practices no later than one week before the initial case management conference. If suitable for the case, the parties are encouraged to use Judge Lehrburger's model Joint Electronic Discovery Submission and Proposed Order. These forms are available on the SDNY website at https://www.nysd.uscourts.gov/hon-robert-w-lehrburger. (rsh) |
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Filing 14
ORDER OF REFERENCE: 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 Robert W. Lehrburger. SO ORDERED. (Signed by Judge Ronnie Abrams on 6/16/2023) (ama)
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| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 7/17/2023.(sge) |
| ***DELETED DOCUMENT. Deleted document number 12 Mediation referral order for FLSA. The document was incorrectly filed in this case. (sge) |
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Filing 13
MEDIATION REFERRAL ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The parties are notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. 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 6/22/2023. (Signed by Judge Ronnie Abrams on 6/8/2023) (rro)
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| Filing 11 LETTER addressed to Judge Ronnie Abrams from Matthew A Brown dated 6/7/23 re: referral to mediation. Document filed by IL Postino, Inc., Luigi Russo..(Brown, Matthew) |
| Filing 10 NOTICE OF APPEARANCE by Matthew Alexander Brown on behalf of IL Postino, Inc., Luigi Russo..(Brown, Matthew) |
| Filing 9 WAIVER OF SERVICE RETURNED EXECUTED. IL Postino, Inc. waiver sent on 6/7/2023, answer due 8/7/2023; Luigi Russo waiver sent on 6/7/2023, answer due 8/7/2023. Document filed by Julio Tellez Garcia(individually); Julio Tellez Garcia(on behalf of all others similarly situated)..(Avshalumov, Roman) |
| Filing 8 SUMMONS RETURNED EXECUTED. IL Postino, Inc. served on 5/30/2023, answer due 6/20/2023. Service was accepted by Sue Zouky AUTHORIZED AGENT. Document filed by Julio Tellez Garcia(individually); Julio Tellez Garcia(on behalf of all others similarly situated)..(Avshalumov, Roman) |
| Filing 7 SUMMONS RETURNED EXECUTED. All Defendants. Service was accepted by JOHN DOE (REFUSED FULL NAME), MANAGER/MANAGING AGENT. Document filed by Julio Tellez Garcia(individually), Julio Tellez Garcia(on behalf of all others similarly situated). (Attachments: #1 Affidavit JOHN DOE (REFUSED FULL NAME), MANAGER/MANAGING AGENT).(Avshalumov, Roman) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to IL Postino, Inc., Luigi Russo..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Roman Mikhail AvshalumovRoman Mikhail Avshalumov. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to Queens;. (jgo) |
| Magistrate Judge Robert W. Lehrburger 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. 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) |
| Case Designated ECF. (jgo) |
| Filing 5 NOTICE OF APPEARANCE by Avraham Y. Scher on behalf of Julio Tellez Garcia(individually), Julio Tellez Garcia(on behalf of all others similarly situated)..(Scher, Avraham) |
| Filing 4 NOTICE OF APPEARANCE by James Patrick Peter O'Donnell on behalf of Julio Tellez Garcia(individually), Julio Tellez Garcia(on behalf of all others similarly situated)..(O'Donnell, James) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to IL POSTINO, INC. and LUIGI RUSSO, as an individual, re: #1 Complaint. Document filed by Julio Tellez Garcia(individually), Julio Tellez Garcia(on behalf of all others similarly situated)..(Avshalumov, Roman) |
| Filing 2 CIVIL COVER SHEET filed..(Avshalumov, Roman) |
| Filing 1 COMPLAINT against IL Postino, Inc., Luigi Russo. (Filing Fee $ 402.00, Receipt Number ANYSDC-27743980)Document filed by Julio Tellez Garcia(individually), Julio Tellez Garcia(on behalf of all others similarly situated)..(Avshalumov, Roman) |
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