Acevedo v. E&M Logistics Staffing Inc.
Plaintiff: Albaro Acevedo
Defendant: E&M LOGISTICS STAFFING INC.
Case Number: 1:2023cv04460
Filed: May 28, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Jesse M Furman
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 201 Fair Labor Standards Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 4, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 21, 2023 Opinion or Order Filing 18 ORDER, It is hereby ORDERED that Plaintiff shall file any amended complaint by August 11, 2023. Pursuant to Paragraph 1.B. of the Court's Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman, any amended complaint should be filed with a redline showing all differences between the original and revised filing. Plaintiff will not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss. If no amended complaint is filed, Plaintiff shall file any opposition to the motion to dismiss by August 11, 2023. Defendant's reply, if any, shall be filed by August 18, 2023. SO ORDERED. ( Amended Pleadings due by 8/11/2023., Replies due by 8/18/2023., Responses due by 8/11/2023) (Signed by Judge Jesse M. Furman on 7/21/23) (yv)
July 21, 2023 Opinion or Order Filing 17 DECLARATION of Matthew A. Brown in Support re: #15 MOTION to Dismiss NYLL claims.. Document filed by E&M Logistics Staffing Inc.. (Attachments: #1 Exhibit A).(Brown, Matthew)
July 21, 2023 Opinion or Order Filing 16 MEMORANDUM OF LAW in Support re: #15 MOTION to Dismiss NYLL claims. . Document filed by E&M Logistics Staffing Inc...(Brown, Matthew)
July 21, 2023 Opinion or Order Filing 15 MOTION to Dismiss NYLL claims. Document filed by E&M Logistics Staffing Inc...(Brown, Matthew)
July 12, 2023 Opinion or Order Filing 14 MEMO ENDORSEMENT on re: #10 Letter filed by Albaro Acevedo. ENDORSEMENT: The joint request for a referral to the mediation program is GRANTED. SO ORDERED. (Signed by Magistrate Judge Jennifer E Willis on 7/12/2023) (tg)
June 16, 2023 Opinion or Order Filing 13 ORDER granting #12 Letter Motion for Extension of Time to Answer or otherwise move addressed to Judge Jesse M. Furman from Matthew A Brown dated 6/15/23. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 12. SO ORDERED. #1 Complaint. E&M Logistics Staffing Inc. answer due 7/21/2023. (Signed by Judge Jesse M. Furman on 6/16/2023) (vfr)
June 15, 2023 Opinion or Order Filing 12 LETTER MOTION for Extension of Time to File Answer or otherwise move addressed to Judge Jesse M. Furman from Matthew A Brown dated 6/15/23. Document filed by E&M Logistics Staffing Inc...(Brown, Matthew)
June 15, 2023 Opinion or Order Filing 11 NOTICE OF APPEARANCE by Matthew Alexander Brown on behalf of E&M Logistics Staffing Inc...(Brown, Matthew)
June 14, 2023 Opinion or Order Filing 10 LETTER addressed to Magistrate Judge Jennifer Willis from Plaintiff's Counsel Abdul K. Hassan, Esq. dated June 14, 2023 re: Request for Referral to Mediation Program. Document filed by Albaro Acevedo..(Hassan, Abdul)
June 1, 2023 Opinion or Order Filing 9 SUMMONS RETURNED EXECUTED. E&M Logistics Staffing Inc. served on 5/31/2023, answer due 6/21/2023. Service was accepted by New York Secretary of State. Document filed by Albaro Acevedo..(Hassan, Abdul)
June 1, 2023 Opinion or Order Filing 8 ORDER: This matter has been referred for settlement. Dkt. No. 7. Should the parties wish to schedule a settlement conference, the Parties are directed to contact Courtroom Deputy Christopher Davis via email by June 15, 2023 at WillisNYSDChambers@nysd.uscourts.gov to provide three mutually agreeable dates in July and August. Any conference will be held in-person at Courtroom 228, 40 Foley Square, New York, New York. Should the Parties not wish to schedule a settlement conference at this time, they should inform the Court via email by the same deadline. Parties must attend in-person with their counsel. Corporate parties must send the person with decision making authority to settle the matter to the conference. The parties are instructed to prepare pre-conference submissions in accordance with Judge Willis's Standing Order for All Cases Referred for Settlement. SO ORDERED. (Signed by Magistrate Judge Jennifer E Willis on 6/1/2023) (tg)
May 30, 2023 Opinion or Order Filing 7 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Jennifer E Willis. No later than one week after an answer is filed, the parties shall contact the chambers of Magistrate Judge Willis to schedule a settlement conference to take place at least two weeks before the initial pretrial conference. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/30/23) (yv)
May 30, 2023 Opinion or Order Filing 6 ORDER REGARDING EARLY SETTLEMENT CONFERENCE AND THE INITIAL PRETRIAL CONFERENCE: Separate and apart from the foregoing, unless and until the Court orders otherwise, counsel for all parties shall appear for an initial pretrial conference with the Court on September 27, 2023, at 9:00 a.m. The conference will be held remotely by telephone in accordance with Paragraph 3.B of the Court's Individual Rules and Practices in Civil Cases. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. Additionally, in accordance with Paragraph 3.D of the Court's Individual Rules and Practices, the parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the initial pretrial conference. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at http://nysd.uscourts.gov/judge/Furman. Any open legal issues can be addressed at the conference. The joint letter shall not exceed five (5) pages, and shall provide the following information in separate paragraphs as further set forth in this Order. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Rules and Practices forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Court's Individual Rules and Practices to that party personally. SO ORDERED. ( Initial Conference set for 9/27/2023 at 09:00 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 5/30/23) (yv)
May 30, 2023 Opinion or Order Filing 5 ELECTRONIC SUMMONS ISSUED as to E&M Logistics Staffing Inc...(pc)
May 30, 2023 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Abdul Karim Hassan. The party information for the following party/parties has been modified: E&M LOGISTICS STAFFING INC.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (pc)
May 30, 2023 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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..(pc)
May 30, 2023 Opinion or Order 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. (pc)
May 30, 2023 Opinion or Order Case Designated ECF. (pc)
May 28, 2023 Opinion or Order Filing 4 CIVIL COVER SHEET filed..(Hassan, Abdul)
May 28, 2023 Opinion or Order Filing 3 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Hassan, Abdul) Modified on 5/30/2023 (pc).
May 28, 2023 Opinion or Order Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to E&M LOGISTICS STAFFING INC., re: #1 Complaint. Document filed by Albaro Acevedo..(Hassan, Abdul)
May 28, 2023 Opinion or Order Filing 1 COMPLAINT against E&M LOGISTICS STAFFING INC.. (Filing Fee $ 402.00, Receipt Number ANYSDC-27798937)Document filed by Albaro Acevedo..(Hassan, Abdul)

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Plaintiff: Albaro Acevedo
Represented By: Abdul Karim Hassan
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Defendant: E&M LOGISTICS STAFFING INC.
Represented By: Matthew Alexander Brown
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