Riana v. Torishiki USA Corp. et al
| Dewi Riana, on behalf of herself and others similarly situated, and Dewi Riana |
| Torishiki USA Corp. doing business as Torien Restaurant, Showa Hospitality, LLC, Julien Hakim, Hideo Yasuda and Rodrigo Acosta |
| 1:2023cv05248 |
| June 21, 2023 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Labor: Fair Standards |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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Filing 17
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See28 U.S.C. 636(c). The parties have conferred pursuant to Fed. R. Civ. P. 26(f). This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 3 days. A party wishing to file a summary judgment or other dispositive motion shall file a pre-motion letter at least two weeks before the conference and in the form provided in the Court's Individual Rule III.A 1. Any party wishing to oppose shall file a responsive letter as provided in the same Individual Rule. The motion will be discussed at the conference. To join the conference, the parties shall call (888) 363-4749 and use Access Code 558-3333. The time of the conference is approximate, but the parties shall be ready to proceed at that time. The Clerk of Court is directed to enter the dates under paragraphs 5, 6, 8(a), 9(b)-(c) and 13(a)-(c) into the Court's calendar, and to schedule the conference under paragraph 13(c) as a Pre-Motion Conference, even though the conference will be held by telephone. Amended Pleadings due by 9/15/2023. Joinder of Parties due by 9/15/2023. Deposition due by 12/7/2023. Fact Discovery due by 12/7/2023. Expert Discovery due by 1/22/2024. Pre-Motion Conference set for 2/7/2024 at 04:00 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 8/7/2023) (kv)
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Filing 16
ORDER: It is hereby ORDERED that the August 9, 2023, initial pretrial conference is cancelled. If the parties believe that a conference would nevertheless be useful, they should inform the court immediately so the conference can be reinstated. The case management plan and scheduling order will issue in a separate order. The parties' attention is particularly directed to the provisions for periodic status letters, and the need for a pre-motion letter to avoid cancellation of the final conference and setting of a trial date. It is further ORDERED that if Defendants seek to file a motion to dismiss, they shall file a pre-motion letter pursuant to Individual Rules III.A.1 and III.C.2. It is further ORDERED, regarding settlement discussions, if and when the parties are ready to proceed with a settlement conference with the assigned Magistrate Judge or mediation in the Court's mediation program, they shall file a joint letter on ECF requesting a referral. The parties should be aware that the Court does not extend the deadlines for fact and expert discovery absent compelling circumstances. (Signed by Judge Lorna G. Schofield on 8/7/2023) (kv)
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| Filing 15 PROPOSED CASE MANAGEMENT PLAN. Document filed by Dewi Riana..(Kirschenbaum, Daniel) |
| Filing 14 JOINT LETTER addressed to Judge Lorna G. Schofield from D. Maimon Kirschenbaum and Howard Matalon dated August 4, 2023 re: pre-initial conference submission. Document filed by Dewi Riana..(Kirschenbaum, Daniel) |
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Filing 13
ORDER It is hereby ORDERED the parties shall file a joint letter and proposed case management plan as soon as possible and no later than August 7, 2023, at 12:00 P.M. (Signed by Judge Lorna G. Schofield on 8/3/2023) (jca)
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Filing 12
STIPULATION EXTENDING TIME TO ANSWER, IT IS HEREBY STIPULATED AND AGREED by and between the parties in the above captioned action, acting by means of their respective counsel, that Defendants shall have until Monday, August 21, 2023 to answer, move or otherwise respond with respect to the Complaint in the above mater. All Parties have agreed to this extension of time. So Ordered. (All Defendants.) (Signed by Judge Lorna G. Schofield on 7/21/23) (yv)
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| Filing 11 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Lorna G. Schofield from Howard A. Matalon dated 7-20-2023. Document filed by Rodrigo Acosta, Julien Hakim, Showa Hospitality, LLC, Torishiki USA Corp., Hideo Yasuda..(Matalon, Howard) |
| Filing 10 SUMMONS RETURNED EXECUTED. Julien Hakim served on 6/29/2023, answer due 7/20/2023. Service was accepted by Peter Panszczyk, Co-Worker. Document filed by Dewi Riana..(Kirschenbaum, Daniel) |
| Filing 9 SUMMONS RETURNED EXECUTED. Rodrigo Acosta served on 6/29/2023, answer due 7/20/2023. Service was accepted by Rodrigo Acosta. Document filed by Dewi Riana..(Kirschenbaum, Daniel) |
| Filing 8 SUMMONS RETURNED EXECUTED. Showa Hospitality, LLC served on 6/23/2023, answer due 7/14/2023. Service was accepted by Natalie Valle. Document filed by Dewi Riana..(Kirschenbaum, Daniel) |
| Filing 7 SUMMONS RETURNED EXECUTED. Hideo Yasuda served on 6/29/2023, answer due 7/20/2023. Service was accepted by Hideo Yasuda. Document filed by Dewi Riana..(Kirschenbaum, Daniel) |
| Filing 6 SUMMONS RETURNED EXECUTED. Torishiki USA Corp. served on 6/29/2023, answer due 7/20/2023. Service was accepted by Peter Panszczyk. Document filed by Dewi Riana..(Kirschenbaum, Daniel) |
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Filing 5
ORDER : It is hereby ORDERED that a telephonic conference will be held on August 9, 2023 at 04:00 PM. The parties shall call (888) 363-4749 and enter the access code 558-3333. Additionally, in accordance with the Court's Individual Rules, the parties are hereby ORDERED to prepare a joint Proposed Civil Case Management Plan and Scheduling Order in the form available at the Court's website (http://nysd.uscourts.gov/judge/Schofield) and append it to their joint letter described below. The parties must propose dates for the various deadlines even if they intend to request a stay of discovery. IT IS FURTHER ORDERED that the parties shall file a joint letter on ECF by August 2, 2023 at noon, not to exceed five (5) pages, providing the following information in separate paragraphs as further set forth in this Order. Counsel who have noticed an appearance as of the issuance of this order are directed (i) to notify all other parties' attorneys in this action by serving upon each of them a copy of this order and the Court's Individual Rules forthwith, and (ii) 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 send a copy of this order and Individual Rules to that party personally. ( Initial Conference set for 8/9/2023 at 04:00 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 6/23/23) (yv)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to Rodrigo Acosta, Julien Hakim, Showa Hospitality, LLC, Torishiki USA Corp., Hideo Yasuda. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Daniel Maimon Kirschenbaum. The party information for the following party/parties has been modified: Dewi Riana, on behalf of herself and others similarly situated. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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) |
| Case Designated ECF. (vf) |
| Magistrate Judge Katharine H. Parker 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) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to TORISHIKI USA CORP. d/b/a TORIEN RESTAURANT, SHOWA HOSPITALITY, LLC, JULIEN HAKIM, HIDEO YASUDA, and RODRIGO ACOSTA, re: #1 Complaint,. Document filed by Dewi Riana, on behalf of herself and others similarly situated,..(Kirschenbaum, Daniel) |
| Filing 2 CIVIL COVER SHEET filed..(Kirschenbaum, Daniel) |
| Filing 1 COMPLAINT against Rodrigo Acosta, Julien Hakim, Showa Hospitality, LLC, Torishiki USA Corp., Hideo Yasuda. (Filing Fee $ 402.00, Receipt Number ANYSDC-27900887)Document filed by Dewi Riana, on behalf of herself and others similarly situated,..(Kirschenbaum, Daniel) |
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