Zapata v. Locust Cove Management LLC et al
| Maximiliano Zapata |
| Locust Cove Management LLC and Joe Doe |
| 1:2023cv07090 |
| August 11, 2023 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Gregory H Woods |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Denial of Overtime Compensation |
| None |
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| Filing 12 JOINT LETTER addressed to Judge Gregory H. Woods from Michael Samuel, Esq. dated September 18, 2023 re: ECF 11. Document filed by Maximiliano Zapata..(Beresin, Andrew) |
Filing 11
ORDER: On September 1, 2023, the Court directed the parties to confer as to whether they consent to proceeding before the assigned Magistrate Judge and to submit either an executed consent form or a joint letter no later than September 15, 2023. Dkt. No. 9. Neither document has been submitted. Accordingly, the parties are directed to comply with the Court's September 1, 2023 order forthwith, and in no event later than September 22, 2023. SO ORDERED. (Signed by Judge Gregory H. Woods on 9/18/2023) (mml)
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| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 10/10/2023.(sge) |
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Filing 10
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 9/21/2023. (Signed by Judge Gregory H. Woods on 12/10/2019) (sge)
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Filing 9
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties must 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 both parties consent to proceed before the Magistrate Judge, counsel for the defendant must, within two weeks of the date of this order file on ECF a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to this order (and also available at https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf). The executed form should be filed on ECF as a "Proposed Consent to Jurisdiction by US Magistrate Judge," and be described using the "Proposed Consent to Jurisdiction by US Magistrate Judge" filing event in accordance with ECF Rule 13.27. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. 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 either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, within two weeks of the date of this order 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 Gregory H. Woods on 9/01/2023) (ama)
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| Filing 8 NOTICE OF APPEARANCE by Joshua Sam Beldner on behalf of Joe Doe, Locust Cove Management LLC..(Beldner, Joshua) |
| Filing 7 NOTICE OF APPEARANCE by Stuart Alan Weinberger on behalf of Joe Doe, Locust Cove Management LLC..(Weinberger, Stuart) |
| Filing 6 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 4/16/2024 at 04:00 PM before Judge Gregory H. Woods. The conference will be conducted by telephone. The parties are directed to the Court's Individual Rules of Practice in Civil Cases, which are available on the Court's website. Rule 2 of the Court's Individual Rules contains the dial-in number for the conference and other relevant instructions. The parties are specifically directed to comply with Rule 2(B) of the Court's Individual Rules. (Signed by Judge Gregory H. Woods on 8/14/2023) (rro) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Locust Cove Management LLC..(pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Michael Steven Samuel to Document No. #4 Request for Issuance of Summons. The filing is deficient for the following reason(s): The Request for Issuance of Summons cannot be issued for the party requested because it does not identify the party subject to service. Pursuant to FRCP Rule 4(a)(1)(A) and FRCP Rule 4(a)(1)(B) : a summons must name the parties and be directed to the defendant. Once the party has been identified, the filing party may request a summons at that time. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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) |
| Magistrate Judge Sarah Netburn 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) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Steven Samuel. The following case opening statistical information was erroneously selected/entered: Arbitration code e (Exempt); Fee Status code due (due);. The following correction(s) have been made to your case entry: the Arbitration code has been deleted; the Fee Status code has been modified to pd (paid);. (pc) |
| Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Joe Doe, re: #1 Complaint. Document filed by Maximiliano Zapata..(Samuel, Michael) Modified on 8/14/2023 (pc). |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Locust Cove Management LLC, re: #1 Complaint. Document filed by Maximiliano Zapata..(Samuel, Michael) |
| Filing 2 CIVIL COVER SHEET filed..(Samuel, Michael) |
| Filing 1 COMPLAINT against Joe Doe, Locust Cove Management LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-28134382)Document filed by Maximiliano Zapata..(Samuel, Michael) |
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