Cocoyutla v. 28 Street Flowers Inc et al
Plaintiff: Policarpo Cocoyutla
Defendant: 28 Street Flowers Inc, Mhaduo Persuart and 28 Street Flowers Inc doing business as Wholesale Flowers
Case Number: 1:2023cv09619
Filed: November 1, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Gregory H Woods
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. ยง 201 Fair Labor Standards Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 21, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 21, 2023 Filing 11 NOTICE OF VOLUNTARY DISMISSAL OF ACTION WITHOUT PREJUDICE: NOW, THEREFORE, Plaintiff, POLICARPO COCOYUTLA hereby dismisses this action without prejudice to continue case INDEX NO. 650910/2023 in New York State Supreme Court. 41(a)(1)(A)(i). Plaintiff has voluntarily dismissed this case without prejudice under F.R.C.P. 41(a)(1)(A)(i). The Clerk of Court is directed to close this case. (Signed by Judge Gregory H. Woods on 11/20/2023) (rro)
November 16, 2023 Filing 10 AFFIRMATION of LINA STILLMAN, ESQ in Support re: #8 Order,,,, #9 Order,,. Document filed by Policarpo Cocoyutla. (Attachments: #1 Exhibit Email from Counsel, #2 Exhibit Complaint filed by Counsel in State Court February 2023, #3 Exhibit Emailed to Counsel, #4 Exhibit Email from Counsel in Response).(Stillman, Lina)
November 13, 2023 Opinion or Order Filing 9 ORDER On November 5, 2023, Plaintiff submitted a notice of voluntary dismissal, seeking to dismiss this action against Defendants without prejudice under 41(a)(1)(A)(i). Dkt. No. 7. On November 6, 2023, the Court directed counsel to review the Second Circuits opinion in Samake v. Thunder Lube, Inc., 24 F.4th 804, 807 (2d Cir. 2022) and to submit a sworn affidavit in support of the stipulation by November 9, 2023. Dkt. No. 8. The Court has not received that submission. Counsel is ordered to comply with the Court's November 9, 2023 order forthwith, and in any event no later than November 16, 2023. SO ORDERED. (Signed by Judge Gregory H. Woods on 11/13/2023) (jca)
November 6, 2023 Opinion or Order Filing 8 ORDER: On November 5, 2023 Plaintiff submitted a notice of voluntary dismissal, seeking to dismiss this action against Defendants without prejudice under 41(a)(1)(A)(i). Dkt. No. 7. In Samake v. Thunder Lube, Inc., 24 F.4th 804, 807 (2d Cir. 2022), the Second Circuit concluded that the Court must evaluate voluntary dismissals of FLSA claims without prejudice under Rule 41(a)(1)(A) to ensure that they do not obscure a settlement. As a result, the Court cannot endorse Plaintiff's stipulation of dismissal in its current form without conducting appropriate diligence as mandated by the Second Circuit. The Court will accept a stipulation of dismissal under Rule 41(a)(1)(A)(i) so long as the plaintiff certifies that there has been no settlement of FLSA claims. Counsel is directed to review the Second Circuit's opinion in Thunder Lube and to submit a sworn affidavit in support of the stipulation no later than November 9, 2023. (Signed by Judge Gregory H. Woods on 11/6/2023) (rro)
November 6, 2023 ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #7 Notice of Voluntary Dismissal was reviewed and referred to Judge Gregory H. Woods for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal in a Fair Labor Standards Act (FLSA) case. (km)
November 5, 2023 Filing 7 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and with costs against the defendant(s) 28 Street Flowers Inc, Mhaduo Persuart. Document filed by Policarpo Cocoyutla. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Stillman, Lina)
November 2, 2023 Opinion or Order Filing 6 NOTICE OF INITIAL PRETRIAL CONFERENCE: The conference will be conducted by telephone. (And as further set forth herein.) SO ORDERED. Initial Conference set for 7/2/2024 at 03:00 PM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 11/2/2023) (jca)
November 2, 2023 Filing 5 ELECTRONIC SUMMONS ISSUED as to 28 Street Flowers Inc, Mhaduo Persuart. (vf)
November 2, 2023 Case Designated ECF. (vf)
November 2, 2023 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Lina Stillman. The party information for the following party/parties has been modified: 28 Street Flowers Inc, Mhaduo Persuart. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; alias party name was omitted. (vf)
November 2, 2023 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..(vf)
November 2, 2023 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Lina Stillman. The following case opening statistical information was erroneously selected/entered: Cause of Action code 29:201 Fair Labor Standards Act; County code Albany; Fee Status code wv (waived). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:216(b) FLSA: Minimum wage or overtime compensation; the County code has been modified to New York; the Fee Status code has been modified to pd (paid). (vf)
November 2, 2023 Magistrate Judge James L. Cott 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. (vf)
November 1, 2023 Filing 4 PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Policarpo Cocoyutla. Document filed by Policarpo Cocoyutla..(Stillman, Lina)
November 1, 2023 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to 28 STREET FLOWERS INC (DBA WHOLESALE FLOWERS) and MHADUO PERSUART, re: #1 Complaint. Document filed by Policarpo Cocoyutla..(Stillman, Lina)
November 1, 2023 Filing 2 CIVIL COVER SHEET filed..(Stillman, Lina)
November 1, 2023 Filing 1 COMPLAINT against 28 Street Flowers Inc, Mhaduo Persuart. (Filing Fee $ 402.00, Receipt Number ANYSDC-28509966)Document filed by Policarpo Cocoyutla..(Stillman, Lina)

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Plaintiff: Policarpo Cocoyutla
Represented By: Lina Stillman
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Defendant: 28 Street Flowers Inc
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Defendant: Mhaduo Persuart
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Defendant: 28 Street Flowers Inc doing business as Wholesale Flowers
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