Aquino v. Zoccola LLC et al
| Miguel Angel Aquino |
| ZOCCOLA LLC (DBA TAVOLA), Nick Accardi and Zoccola LLC doing business as Tavola |
| 1:2023cv08118 |
| September 14, 2023 |
| US District Court for the Southern District of New York |
| Stewart D Aaron |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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Filing 16
ORDER SCHEDULING TELEPHONIC INITIAL PRETRIAL CONFERENCE: An Initial Pretrial Conference in accordance with Rule 16(b) of the Federal Rules of Civil Procedure will be held on Friday, December 8, 2023, at 11:00 a.m. EST. The conference shall be conducted by telephone. At the scheduled time, the parties shall each separately call (888) 278-0296 (or (214) 765-0479) and enter access code 6489745. Initial Conference set for 12/8/2023 at 11:00 AM before Magistrate Judge Stewart D. Aaron. (Signed by Magistrate Judge Stewart D. Aaron on 11/6/2023) (kv)
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| Filing 15 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Nick Accardi, Miguel Angel Aquino, Zoccola LLC. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Stewart D. Aaron. (Signed by Judge Lorna G. Schofield on 11/2/2023) (vfr) |
| Filing 14 PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Miguel Angel Aquino. Document filed by Miguel Angel Aquino..(Stillman, Lina) |
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Filing 13
ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program to take place by December 8, 2023. The parties are hereby notified that Local Rule 83.9 shall govern the mediation and are directed to participate in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. To the extent possible, the Mediation Program is directed to appoint a mediator with expertise in the Fair Labor Standards Act. Mediators will be assigned based on the nature of suit. Additional expertise requests should promptly be directed to the Mediation Office. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. (Mediator to be Assigned by 11/15/2023.) (Signed by Judge Lorna G. Schofield on 11/1/23) (yv)
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Filing 12
ORDER. It is hereby ORDERED that the November 1, 2023, initial pretrial conference is CANCELED. It is further ORDERED that by November 3, 2023, the counsel for the parties both shall complete, execute and file the form necessary to proceed before a Magistrate Judge, which can be found at https://www.nysd.uscourts.gov/forms/consent-proceed-us-magistrate-judge. It is further ORDERED, regarding settlement discussions, the parties request for a referral to mediation is GRANTED. The mediation referral will issue in a separate order. (Signed by Judge Lorna G. Schofield on 11/1/23) (yv)
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| Filing 11 LETTER addressed to Judge Lorna G. Schofield from The parties dated 10/31/2023 re: Joint Letter. Document filed by Miguel Angel Aquino..(Stillman, Lina) |
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Filing 10
ORDER: It is hereby ORDERED the parties shall file a joint letter as soon as possible and no later than October 31, 2023. (Signed by Judge Lorna G. Schofield on 10/30/2023) (mml)
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| Filing 9 PROPOSED CASE MANAGEMENT PLAN. Document filed by Miguel Angel Aquino..(Stillman, Lina) |
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Filing 8
ORDER: WHEREAS, the Order dated September 18, 2023, required the parties to file a proposed case management plan and joint letter by October 25, 2023; WHEREAS, the initial pretrial conference is currently scheduled for November 1, 2023, at 4:00 P.M.; WHEREAS, the parties failed to file the joint letter or proposed case management plan. It is hereby ORDERED the parties shall file a joint letter and proposed case management plan as soon as possible and no later than October 30, 2023. (Signed by Judge Lorna G. Schofield on 10/27/2023) (vfr)
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| Filing 7 ANSWER to #1 Complaint. Document filed by Nick Accardi..(Lynn, Christopher) |
| Filing 6 SUMMONS RETURNED EXECUTED. Zoccola LLC served on 9/18/2023, answer due 10/10/2023. Service was accepted by SECRETARY OF STATE OF NEW YORK. Document filed by Miguel Angel Aquino..(Stillman, Lina) |
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Filing 5
ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that a telephonic conference will be held on November 1, 2023 at 4:00p.m. The parties shall call (888) 363-4749 and enter the access code 558-3333. The telephonic conference is public, and the time of the conference is approximate, but the parties shall be ready to proceed by that time. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties shall ensure they are all dialed into the conference call by the appointed conference time, as further set forth. Initial Conference set for 11/1/2023 at 04:00 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 9/18/2023) (mml)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to Nick Accardi, Zoccola LLC..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Lina Stillman. The party information for the following party/parties has been modified: ZOCCOLA LLC (DBA TAVOLA). The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party name was modified to add alias separately. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Lina Stillman to RE-FILE Document No. #3 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; the PDF is blank;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| 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..(jgo) |
| Magistrate Judge Stewart D. Aaron 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. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 3 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Stillman, Lina) Modified on 9/15/2023 (jgo). |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to ZOCCOLA LLC (DBA TAVOLA) and NICK ACCARDI, re: #1 Complaint. Document filed by Miguel Angel Aquino..(Stillman, Lina) |
| Filing 1 COMPLAINT against Nick Accardi, ZOCCOLA LLC (DBA TAVOLA). (Filing Fee $ 402.00, Receipt Number ANYSDC-28287891)Document filed by Miguel Angel Aquino..(Stillman, Lina) |
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