Garcia Diaz v. Home Thread Inc. et al
| Antonio Garcia Diaz |
| Home Thread Inc. doing business as Max Deals and Muhammad U Andha |
| 1:2023cv04190 |
| May 19, 2023 |
| US District Court for the Southern District of New York |
| Sarah L Cave |
| Paul A Engelmayer |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Denial of Overtime Compensation |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 8, 2023. A more recent docket listing may be available from PACER.
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Filing 13
ORDER, The Court orders as follows: 1. The Court's Order at ECF No. 11 is VACATED. 2. By July 18, 2023, counsel for Defendants shall file a notice of appearance. 3. By August 10, 2023, the parties shall file for the attention of the Honorable Paul A. Engelmayer their motion for settlement approval pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 206 (2d Cir. 2015). Plaintiff shall promptly serve a copy of this Order on Defendants. SO ORDERED. ( Motions due by 8/10/2023.) (Signed by Magistrate Judge Sarah L Cave on 7/11/23) (yv)
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| Filing 12 LETTER addressed to Magistrate Judge Sarah L. Cave from Jarret Bodo dated July 10, 2023 re: Status Letter. Document filed by Antonio Garcia Diaz(Individually )..(Bodo, Jarret) |
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Filing 11
Vacated as per Judges Order dated 07/11/2023, Doc. # 13 ORDER TO INITIATE DEFAULT PROCEEDINGS The Complaint in this action was served on Defendants Home Thread Inc. ("Home Thread") and Muhammad U. Andha ("Mr. Andha") on May 23, 2023 and June 8, 2023, respectively, with Home Threads answer due by June 13, 2023 and Mr. Andhas answer due by June 29, 2023. (ECF Nos. 9; 10). No answers having been filed on the docket, Plaintiff is hereby ORDERED to request Certificates of Default from the Clerk of Court by July 14, 2023 and to file a Motion for Default Judgment in accordance with the Individual Practices of the Honorable Paul A. Engelmayer, Rule 55 of the Federal Rules of Civil Procedure, and S.D.N.Y. Local Rule 55 by no later than July 28, 2023. SO ORDERED. (Motions due by 7/28/2023.) (Signed by Magistrate Judge Sarah L Cave on 7/7/2023) (jca) Modified on 7/11/2023 (yv).
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| Filing 10 SUMMONS RETURNED EXECUTED Summons and Complaint served. Muhammad U Andha served on 6/8/2023, answer due 6/29/2023. Service was accepted by JOHN DOE a person of suitable age and discretion. Said premises is the defendant's/respondent's actual place of business within the state. He identified himself as being authorized to accept for the defendant/respondent.. Document filed by Antonio Garcia Diaz(Individually ); Antonio Garcia Diaz(on behalf of others similarly situated)..(Sojo, Catalina) |
| Filing 9 SUMMONS RETURNED EXECUTED. Home Thread Inc. served on 5/23/2023, answer due 6/13/2023. Service was accepted by Nancy Dougherty, authorized agent in the Office of the Secretary of State, of the State of New York. Document filed by Antonio Garcia Diaz(Individually ); Antonio Garcia Diaz(on behalf of others similarly situated)..(Sojo, Catalina) |
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Filing 8
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 Sarah L Cave. (Signed by Judge Paul A. Engelmayer on 5/22/2023) (rro)
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| Filing 7 ELECTRONIC SUMMONS ISSUED as to Muhammad U Andha. (vf) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Home Thread Inc.. (vf) |
| Filing 5 NOTICE OF APPEARANCE by Jarret Thomas Bodo on behalf of Antonio Garcia Diaz, Antonio Garcia Diaz(on behalf of others similarly situated)..(Bodo, Jarret) |
| Case Designated ECF. (vf) |
| Magistrate Judge Sarah L. Cave 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action 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..(vf) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Muhammad U Andha, re: #1 Complaint. Document filed by Antonio Garcia Diaz, Antonio Garcia Diaz(on behalf of others similarly situated)..(Sojo, Catalina) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Home Thread Inc., re: #1 Complaint. Document filed by Antonio Garcia Diaz, Antonio Garcia Diaz(on behalf of others similarly situated)..(Sojo, Catalina) |
| Filing 2 CIVIL COVER SHEET filed..(Sojo, Catalina) |
| Filing 1 COMPLAINT against Muhammad U Andha, Home Thread Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-27765039)Document filed by Antonio Garcia Diaz, Antonio Garcia Diaz..(Sojo, Catalina) |
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