Flores et al v. Pizza Pete's LLC et al
| Aurelio Marcelo Flores |
| Pizza Pete's LLC doing business as Pizza Pete's and Frank Libretta |
| 1:2023cv06431 |
| July 25, 2023 |
| US District Court for the Southern District of New York |
| Jennifer H Rearden |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Denial of Overtime Compensation |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 2, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 22 CERTIFICATE OF SERVICE of Motion for Default Judgment as to Pizza Petes LLC and Frank Libretta (Dkt. No.18), Declaration of Jesse Barton in Support with Exhibits (Dkt. No. 19), and Proposed Default Judgment (Dkt. No. 21) served on Pizza Petes LLC and Frank Libretta on September 21, 2023. Service was made by MAIL. Document filed by Aurelio Marcelo Flores(individually), Aurelio Marcelo Flores(and on behalf of others similarly situated)..(Sojo, Catalina) |
| Filing 21 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Aurelio Marcelo Flores(individually), Aurelio Marcelo Flores(and on behalf of others similarly situated)..(Barton, Jesse) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| Filing 20 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Aurelio Marcelo Flores(individually), Aurelio Marcelo Flores(and on behalf of others similarly situated)..(Barton, Jesse) Proposed Default Judgment to be reviewed by Clerk's Office staff. Modified on 9/21/2023 (tp). |
| Filing 19 DECLARATION of Jesse Barton in Support re: #18 MOTION for Default Judgment as to Pizza Pete's LLC and Frank Libretta.. Document filed by Aurelio Marcelo Flores(individually), Aurelio Marcelo Flores(and on behalf of others similarly situated). (Attachments: #1 Exhibit A- Complaint, #2 Exhibit B- Affidavit of Service Pizza Pete's LLC, #3 Exhibit C- Affidavit of Service Frank Libretta, #4 Exhibit D- Clerk's Certificate of Default Pizza Pete's LLC, #5 Exhibit E- Clerk's Certificate of Default Frank Libretta, #6 Exhibit F- Declaration of Plaintiff Flores, #7 Exhibit G- Damages Chart, #8 Exhibit H- Attorneys' Bill, #9 Exhibit I- Proposed Judgment).(Barton, Jesse) |
| Filing 18 MOTION for Default Judgment as to Pizza Pete's LLC and Frank Libretta. Document filed by Aurelio Marcelo Flores(individually), Aurelio Marcelo Flores(and on behalf of others similarly situated)..(Barton, Jesse) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED DEFAULT JUDGMENT. Notice to attorney Jesse Barton to RE-FILE Document No. #20 Proposed Default Judgment. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the proposed order is not correct. Rename the PDF (Default Judgment) and Re-file the document using the event type Proposed Default Judgment found under the event list Proposed Orders. - select the correct filer/filers - attach the correct signed (scanned signature image) and dated PDF. (tp) |
| ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #21 Proposed Default Judgment, was reviewed and approved as to form. (tp) |
Filing 17
MEMO ENDORSEMENT: on re: #16 Letter filed by Aurelio Marcelo Flores. ENDORSEMENT: Application GRANTED. By no later than September 22, 2023, Plaintiff shall file its motion for default judgment papers. SO ORDERED., ( Motions due by 9/22/2023.) (Signed by Judge Jennifer H. Rearden on 9/18/2023) (ama)
|
| Filing 16 LETTER addressed to Judge Jennifer H. Rearden from Jesse Barton, Esq. dated September 18, 2023 re: Response to Court's Order to Show Cause. Document filed by Aurelio Marcelo Flores(individually), Aurelio Marcelo Flores(and on behalf of others similarly situated)..(Barton, Jesse) |
|
Filing 15
ORDER TO SHOW CAUSE: Accordingly, by September 18, 2023, Plaintiff shall show cause why this action should not be dismissed for failure to prosecute. See Fed. R. Civ. P. 41. Plaintiff may show cause by properly submitting a motion for default judgment, in accordance with the Court's Individual Rules and Practices in Civil Cases (available at https://nysd.uscourts.gov/hon-jennifer-h-rearden). Failure to submit a timely and proper motion for default judgment may result in dismissal without prejudice of this case under Federal Rule of Civil Procedure 41. If or when a motion for default judgment is filed, the Court will enter a further order setting a deadline for any opposition and reply and, if appropriate, scheduling a date and time for a default judgment hearing. Plaintiff shall electronically serve a copy of this Order on both Defendants within two business days of the date of this Order (September 13, 2023), and shall file proof of such service within three business days of the date of this Order (September 14, 2023). SO ORDERED. (Signed by Judge Jennifer H. Rearden on 9/11/2023) (ama)
|
| Filing 14 CLERK'S CERTIFICATE OF DEFAULT as to Frank Libretta. (tp) |
| Filing 13 CLERK'S CERTIFICATE OF DEFAULT as to Pizza Pete's LLC doing business as Pizza Pete's. (tp) |
| Filing 12 AFFIRMATION of Catalina Sojo in Support re: #11 Proposed Clerk's Certificate of Default, #10 Proposed Clerk's Certificate of Default,. Document filed by Aurelio Marcelo Flores(individually), Aurelio Marcelo Flores(and on behalf of others similarly situated)..(Sojo, Catalina) |
| Filing 11 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Aurelio Marcelo Flores(individually), Aurelio Marcelo Flores(and on behalf of others similarly situated)..(Sojo, Catalina) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| Filing 10 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Aurelio Marcelo Flores(individually), Aurelio Marcelo Flores(and on behalf of others similarly situated)..(Sojo, Catalina) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| ***NOTICE TO ATTORNEY TO FILE SUPPORTING DOCUMENT(S). Notice to Attorney Catalina Sojo to FILE Supporting Document(s) for #11 Proposed Clerk's Certificate of Default, #10 Proposed Clerk's Certificate of Default. (tp) |
| Filing 9 SUMMONS RETURNED EXECUTED. Pizza Pete's LLC served on 7/27/2023, answer due 8/17/2023. Service was accepted by Nancy Dougherty, authorized agent in the Office of the Secretary of State. Document filed by Aurelio Marcelo Flores(individually); Aurelio Marcelo Flores(and on behalf of others similarly situated)..(Sojo, Catalina) |
| Filing 8 SUMMONS RETURNED EXECUTED. Frank Libretta served on 7/28/2023, answer due 8/18/2023. Service was accepted by Miguel R. a person of suitable age and discretion.. Document filed by Aurelio Marcelo Flores(individually); Aurelio Marcelo Flores(and on behalf of others similarly situated)..(Sojo, Catalina) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Frank Libretta..(pc) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Pizza Pete's LLC..(pc) |
| Filing 5 NOTICE OF APPEARANCE by Jesse S Barton on behalf of Aurelio Marcelo Flores(individually), Aurelio Marcelo Flores(and on behalf of others similarly situated)..(Barton, Jesse) |
| Magistrate Judge Ona T. Wang 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer H. Rearden. 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) |
| Case Designated ECF. (pc) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to FRANK LIBRETTA, re: #1 Complaint,. Document filed by Aurelio Marcelo Flores(individually), Aurelio Marcelo Flores(and on behalf of others similarly situated)..(Sojo, Catalina) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to PIZZA PETE'S LLC (D/B/A PIZZA PETE'S), re: #1 Complaint,. Document filed by Aurelio Marcelo Flores(individually), Aurelio Marcelo Flores(and on behalf of others similarly situated)..(Sojo, Catalina) |
| Filing 2 CIVIL COVER SHEET filed..(Sojo, Catalina) |
| Filing 1 COMPLAINT against Frank Libretta, Pizza Pete's LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-28052753)Document filed by Aurelio Marcelo Flores(individually), Aurelio Marcelo Flores(and on behalf of others similarly situated)..(Sojo, Catalina) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
