Mizquin v. Piccinini Brothers, Inc. et al
| Jesus Eduardo Mizquin and Jesus Eduardo Mizquiri |
| Piccinini Brothers, Inc., Paul R. Vaccari and Sylvie Vaccari |
| 1:2023cv09101 |
| October 16, 2023 |
| US District Court for the Southern District of New York |
| Mary Kay Vyskocil |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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| Filing 24 LETTER MOTION for Conference re: #23 Letter, #20 Clerk's Certificate of Default addressed to Judge Mary Kay Vyskocil from Roger J Bernstein dated December 14, 2023. Document filed by Piccinini Brothers, Inc., Paul R. Vaccari, Sylvie Vaccari. (Attachments: #1 Exhibit A - Clerk's Notice as to Filing Deadline on Dec. 11, 2023, #2 Exhibit B - letter to CK Lee on Dec. 12, 2023).(Bernstein, Roger) |
| Filing 23 LETTER addressed to Judge Mary Kay Vyskocil from C.K. Lee dated December 13, 2023 re: Denial of Defendants' Motion Based on Untimeliness. Document filed by Jesus Eduardo Mizquiri..(Lee, C.K.) |
| Filing 22 MEMORANDUM OF LAW in Support re: #21 MOTION to Dismiss for Lack of Jurisdiction due to lack of Art. III standing and for failure to state cause of action as to defendant Sylvie Vaccari. . Document filed by Piccinini Brothers, Inc., Paul R. Vaccari, Sylvie Vaccari. (Attachments: #1 Appendix A - Coward v Zurich case).(Bernstein, Roger) |
| Filing 21 MOTION to Dismiss for Lack of Jurisdiction due to lack of Art. III standing and for failure to state cause of action as to defendant Sylvie Vaccari. Document filed by Piccinini Brothers, Inc., Paul R. Vaccari, Sylvie Vaccari. Responses due by 12/26/2023.(Bernstein, Roger) |
| Filing 20 CLERK'S CERTIFICATE OF DEFAULT as to Defendants PICCININI BROTHERS, INC., PAUL R. VACCARI, and SYLVIE VACCARI.(nd) |
| Filing 19 AFFIRMATION of C.K. Lee in Support re: #17 Proposed Clerk's Certificate of Default. Document filed by Jesus Eduardo Mizquiri. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Supplement Request for Certificate of Default).(Lee, C.K.) |
| Filing 18 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AFFIDAVIT of C.K. Lee in Support re: #17 Proposed Clerk's Certificate of Default. Document filed by Jesus Eduardo Mizquiri. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Lee, C.K.) Modified on 12/11/2023 (tp). |
| Filing 17 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Jesus Eduardo Mizquiri..(Lee, C.K.) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney C.K. Lee to RE-FILE Document #18 Affidavit in Support. Use the event type Affirmation in Support (non-motion) found under the event list Other Answers. (tp) |
| Filing 16 FIRST AMENDED COMPLAINT amending #1 Complaint against Piccinini Brothers, Inc., Paul R. Vaccari, Sylvie Vaccari with JURY DEMAND.Document filed by Jesus Eduardo Mizquiri. Related document: #1 Complaint. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Lee, C.K.) |
| Filing 15 LETTER RESPONSE to Motion addressed to Judge Mary Kay Vyskocil from C.K. Lee dated November 21, 2023 re: #13 LETTER MOTION for Conference re: #1 Complaint ; application is for pre-motion conference re: motion to dismiss addressed to Judge Mary Kay Vyskocil from Roger J Bernstein dated November 16, 2023. . Document filed by Jesus Eduardo Mizquin..(Lee, C.K.) |
Filing 14
SCHEDULING ORDER granting in part and denying in part #13 Letter Motion for Conference re: #1 Complaint ; application is for pre-motion conference re: motion to dismiss addressed to Judge Mary Kay Vyskocil from Roger J Bernstein dated November 16, 2023. The Defendants submitted a request for a pre-motion conference on its anticipated motion to dismiss the Plaintiff's complaint (ECF #13). Plaintiff has not filed a response to Defendants' letter. After reviewing the arguments set out in the Defendants' submission, the motion for a pre-motion conference is DENIED, and Defendants are GRANTED leave to file a motion to dismiss on the schedule set forth below. IT IS FURTHER ORDERED that on or before November 27, 2023, Plaintiff must inform the Court via letter whether he intends to amend his complaint. This will be Plaintiff's last opportunity to amend the complaint in response to arguments raised in the Defendants' letter. IT IS FURTHER ORDERED that if the Plaintiff does not amend his complaint, Defendants must file their motion to dismiss on or before December 11, 2023. Further briefing shall be submitted on the schedule set forth in Local Rule 6.1(b). IT IS FURTHER ORDERED that if the Plaintiff elects to amend her complaint, the amended complaint is due on or before December 11, 2023. Defendant must respond to any amended complaint within 14 days of its filing. In the event Defendant files a new motion to dismiss, the briefing for that motion will be on the schedule set forth in Local Rule 6.1(b). Any request for an extension or adjournment shall be made by letter filed on ECF and must be received at least 48 hours before the deadline. The clerk of Court is respectfully requested to terminate docket entries 13. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 11/20/2023) (vfr)
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| Set/Reset Deadlines: Amended Pleadings due by 12/11/2023. Motions due by 12/11/2023. (vfr) |
| Filing 13 LETTER MOTION for Conference re: #1 Complaint ; application is for pre-motion conference re: motion to dismiss addressed to Judge Mary Kay Vyskocil from Roger J Bernstein dated November 16, 2023. Document filed by Piccinini Brothers, Inc., Paul R. Vaccari, Sylvie Vaccari..(Bernstein, Roger) |
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Filing 12
ORDER granting #10 Letter Motion for Extension of Time to Answer re #10 FIRST LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Mary Kay Vyskocil from Roger J Bernstein dated November 9, 2023. Granted. SO ORDERED. Piccinini Brothers, Inc. answer due 11/16/2023; Paul R. Vaccari answer due 11/16/2023; Sylvie Vaccari answer due 11/16/2023. (Signed by Judge Mary Kay Vyskocil on 11/9/2023) (jca)
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| Filing 11 LETTER RESPONSE to Motion addressed to Judge Mary Kay Vyskocil from C.K. Lee dated November 9, 2023 re: #10 FIRST LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Mary Kay Vyskocil from Roger J Bernstein dated November 9, 2023. . Document filed by Jesus Eduardo Mizquin. (Attachments: #1 Exhibit A).(Lee, C.K.) |
| Filing 10 FIRST LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Mary Kay Vyskocil from Roger J Bernstein dated November 9, 2023. Document filed by Piccinini Brothers, Inc., Paul R. Vaccari, Sylvie Vaccari..(Bernstein, Roger) |
| Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Piccinini Brothers, Inc...(Bernstein, Roger) |
| Filing 8 SUMMONS RETURNED EXECUTED. Paul R. Vaccari served on 10/19/2023, answer due 11/9/2023. Service was accepted by John D'Antonio (Co-worker). Document filed by Jesus Eduardo Mizquin..(Lee, C.K.) |
| Filing 7 SUMMONS RETURNED EXECUTED. Sylvie Vaccari served on 10/19/2023, answer due 11/9/2023. Service was accepted by John D'Antonio (Co-worker). Document filed by Jesus Eduardo Mizquin..(Lee, C.K.) |
| Filing 6 SUMMONS RETURNED EXECUTED. Piccinini Brothers, Inc. served on 10/19/2023, answer due 11/9/2023. Document filed by Jesus Eduardo Mizquin..(Lee, C.K.) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Piccinini Brothers, Inc., Paul R. Vaccari, Sylvie Vaccari..(pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. 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) |
| Magistrate Judge Ona T. Wang is designated to handle matters that may be referred in this case. 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 Designated ECF. (pc) |
| Filing 4 CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Jesus Eduardo Mizquin..(Lee, C.K.) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Piccinini Brothers, Inc., Paul R. Vaccari, Sylvie Vaccari, re: #1 Complaint. Document filed by Jesus Eduardo Mizquin. (Attachments: #1 Supplement Rider).(Lee, C.K.) |
| Filing 2 CIVIL COVER SHEET filed..(Lee, C.K.) |
| Filing 1 COMPLAINT against Piccinini Brothers, Inc., Paul R. Vaccari, Sylvie Vaccari. (Filing Fee $ 402.00, Receipt Number ANYSDC-28432609)Document filed by Jesus Eduardo Mizquin..(Lee, C.K.) |
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