Escobar et al v. The Original Broadway Joe's Pizza Inc. et al
| Jose Escobar |
| The Original Broadway Joe's Pizza Inc. d/b/a Broadway Joe's Pizza, Louis Porco, Robert Porco and The Original Broadway Joe's Pizza Inc. doing business as Broadway Joe's Pizza |
| 1:2023cv06866 |
| August 4, 2023 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Labor: Fair Standards |
| 28 U.S.C. § 1331 fl Fed. Question: Fair Labor Standards |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 29, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 11/16/2023 at 10:00 AM in telephone or video conference.(mnp) |
Filing 18
STIPULATION EXTENDING TIME TO ANSWER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel thatthe deadline for Defendants, THE ORIGINAL BROADWAY JOE'S PIZZA d/b/a BROADWAY JOE'SPIZZA, INC., LOUIS PORCO, and ROBERT PORCO as individuals to file their Answer or to otherwisemove, is adjourned on consent to and including OCTOBER 1, 2023.IT IS FURTHER STIPULATED AND AGREED that the signature of an attorney for a partyon this Stipulation transmitted by facsimile and/or email shall be deemed the equivalent of an originalsignature, and that this Stipulation may be executed in counterparts, and together, all executed counterpartsshall be deemed to be full execution of the Stipulation; andIT IS HEREBY FURTHER STIPULATED AND AGREED that upon full execution of thisStipulation, the Stipulation may be filed with the Court without further notice to the parties.IT IS FURTHER STIPULATED AND AGREED that the Defendants waive all applicabledefenses regarding the propriety of service of process upon them. GRANTED. SO ORDERED. Louis Porco answer due 10/1/2023; Robert Porco answer due 10/1/2023; The Original Broadway Joe's Pizza Inc. answer due 10/1/2023. (Signed by Judge Analisa Torres on 9/11/2023) (rro)
|
| Filing 17 PROPOSED STIPULATION AND ORDER. Document filed by Louis Porco, Robert Porco, The Original Broadway Joe's Pizza Inc...(Reisman, Mark) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 10/10/2023.(sge) |
|
Filing 16
ORDER The Court has reviewed the proposed joint stipulation regarding Defendants' time to respond to the complaint. See ECF No. 15. The proposed joint stipulation states that "the deadline for Defendants, JHJW INC. and JOSEPH F. STARKS INC to file their Answer or to otherwise move, is adjourned on consent to and including OCTOBER 1, 2023." Id. at 1. JHJW Inc. and Joseph F. Starks Inc. are not defendants to this action. Accordingly, by September 12, 2023, the parties shall file a revised proposed joint stipulation. SO ORDERED. (Signed by Judge Analisa Torres on 9/6/2023) (jca)
|
| Filing 15 PROPOSED STIPULATION AND ORDER. Document filed by Louis Porco, Robert Porco, The Original Broadway Joe's Pizza Inc...(Reisman, Mark) |
|
Filing 14
MEDIATION REFERRAL ORDER FOR CASES FILED UNDER THE FAIR LABOR STANDARDS ACT 29 U.S.C. Sec. 201 et seq. This case, involving claims under the Fair Labor Standards Act (FLSA), 29 U.S.C. Sec. 201 et seq., has been assigned to this Court for all purposes. In the Courts experience, cases involving FLSA claims often benefit from early mediation. To that end, prior to a Rule 16(b) case management conference the Court is referring this case to the Mediation Office for settlement purposes under Local Civil Rule 83.9. To facilitate mediation the parties shall, within four weeks of this Order, confer and provide the items set forth in this Order. Mediator to be Assigned by 9/13/2023. (Signed by Judge Analisa Torres on 12/10/2019) (sge)
|
| Filing 13 SUMMONS RETURNED EXECUTED. All Defendants. Service was accepted by LOUIS PORCO, MANAGER. Document filed by Jose Escobar(individually), Jose Escobar(on behalf of all others similarly situated). (Attachments: #1 Affidavit LOUIS PORCO, #2 Affidavit LOUIS PORCO, CO-WORKER).(Avshalumov, Roman) |
| Filing 12 NOTICE OF APPEARANCE by Mark I. Reisman on behalf of Louis Porco, Robert Porco, The Original Broadway Joe's Pizza Inc...(Reisman, Mark) |
| Filing 11 SUMMONS RETURNED EXECUTED. The Original Broadway Joe's Pizza Inc. served on 8/14/2023, answer due 9/5/2023. Service was accepted by Sue Zouky AUTHORIZED AGENT. Document filed by Jose Escobar(individually); Jose Escobar(on behalf of all others similarly situated)..(Avshalumov, Roman) |
| Filing 10 AFFIDAVIT OF SERVICE of ORDER DATED AUGUST 8, 2023, INITIAL PRETRIAL DATED AUGUST 8, 2023, COURTS INDIVIDUAL PRACTICES, AND COMPLAINT served on THE ORIGINAL BROADWAY JOES PIZZA, INC. d/b/a BROADWAY JOES PIZZA, LOUIS PORCO, and ROBERT PORCO, as individuals on August 9, 2023. Service was made by mail. Document filed by Jose Escobar(individually), Jose Escobar(on behalf of all others similarly situated)..(O'Donnell, James) |
|
Filing 9
ORDER: To conserve resources, to promote judicial efficiency, and in an effo1i to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If all parties consent to proceed before the Magistrate Judge, counsel for Defendants shall, by December 4, 2023, file a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge fo1m, available at https://nysd.uscourts.gov/node/754 and attached to this order, on the docket. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. An information sheet on proceedings before magistrate judges is also attached to this order. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by December 4, 2023, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Analisa Torres on 8/8/2023) (tg)
|
|
Filing 8
INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by December 4, 2023, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. COUNSEL FOR PLAINTIFF IS DIRECTED TO IMMEDIATELY SEND A COPY OF THIS ORDER AND THE COURT'S INDIVIDUAL PRACTICES TO ALL PARTIES. If this case has been settled or otherwise terminated, counsel are required to file a stipulation of discontinuance, voluntary dismissal, or other proof of termination electronically on ECF, with a courtesy copy emailed to chambers in accordance with the Court's Individual Practices. (And as further set forth herein.) SO ORDERED. (Signed by Judge Analisa Torres on 8/8/2023) (jca)
|
|
Filing 7
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 8/8/2023) (vfr)
|
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Louis Porco, Robert Porco, The Original Broadway Joe's Pizza Inc.. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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..(sj) |
| 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. (sj) |
| Case Designated ECF. (sj) |
| Filing 5 NOTICE OF APPEARANCE by Avraham Y. Scher on behalf of Jose Escobar(individually), Jose Escobar(on behalf of all others similarly situated)..(Scher, Avraham) |
| Filing 4 NOTICE OF APPEARANCE by James Patrick Peter O'Donnell on behalf of Jose Escobar(individually), Jose Escobar(on behalf of all others similarly situated)..(O'Donnell, James) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to THE ORIGINAL BROADWAY JOES PIZZA, INC. d/b/a BROADWAY JOES PIZZA, LOUIS PORCO, and ROBERT PORCO, as individuals, re: #1 Complaint,. Document filed by Jose Escobar(individually), Jose Escobar(on behalf of all others similarly situated)..(Avshalumov, Roman) |
| Filing 2 CIVIL COVER SHEET filed..(Avshalumov, Roman) |
| Filing 1 COMPLAINT against Louis Porco, Robert Porco, The Original Broadway Joe's Pizza Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-28104300)Document filed by Jose Escobar(individually), Jose Escobar(on behalf of all others similarly situated)..(Avshalumov, Roman) |
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.
