Castro v. Designs on Fifth, LTD et al
| Juan Castro |
| Designs on Fifth, LTD and David Ambalo |
| 1:2023cv10351 |
| November 27, 2023 |
| US District Court for the Southern District of New York |
| John G Koeltl |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 12, 2024. A more recent docket listing may be available from PACER.
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Filing 16
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 2/5/2024. (Signed by Judge John G. Koeltl on 9/29/2023) (rpr)
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Filing 15
ORDER granting #14 Letter Motion for Extension of Time to Answer re #14 CONSENT LETTER MOTION for Extension of Time to File Answer or Otherwise Respond to the #1 Complaint addressed to Judge John G. Koeltl from Theo E.M. Gould dated January 12, 2024., #1 Complaint. Time to respond to the complaint extended to 2/9/24. So Ordered. David Ambalo answer due 2/9/2024; Designs on Fifth, LTD answer due 2/9/2024. (Signed by Judge John G. Koeltl on 1/15/2024) (rro)
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| Filing 14 CONSENT LETTER MOTION for Extension of Time to File Answer or Otherwise Respond to the #1 Complaint addressed to Judge John G. Koeltl from Theo E.M. Gould dated January 12, 2024. Document filed by David Ambalo, Designs on Fifth, LTD..(Gould, Theo) |
| Filing 13 NOTICE OF APPEARANCE by Theo E. M. Gould on behalf of David Ambalo, Designs on Fifth, LTD..(Gould, Theo) |
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Filing 12
ORDER: Accordingly, the plaintiff is directed to file a proposed order to show cause for a default judgment in accordance with the Local Rules and this Court's Individual Practices by January 26, 2024. SO ORDERED. (Signed by Judge John G. Koeltl on 1/12/2024) (ks)
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| Filing 11 AFFIDAVIT OF SERVICE of COURT'S ORDER served on DESIGNS ON FIFTH, LTD and DAVID AMBALO on 1/2/24. Service was made by MAIL -- SEE ATTACHED RECEIPTS. Document filed by Juan Castro. (Attachments: #1 Exhibit Tracking Number USCIS Receipt).(Stillman, Lina) |
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Filing 10
ORDER: Pursuant to Federal Rule of Civil Procedure 12(a), the time for the defendants to answer was December 26, 2023. To date, no answer has been filed.The time for the defendants to answer or respond to the complaint is extended to January 9, 2024. Failure to respond to the complaint by this date could result in a default judgment being entered against the defendants. The plaintiff is directed to serve a copy of this Order on the defendants and to file proof of such service on the docket by January 2, 2024. SO ORDERED., David Ambalo answer due 1/9/2024; Designs on Fifth, LTD answer due 1/9/2024. (Signed by Judge John G. Koeltl on 12/29/2023) (ama)
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| Filing 9 SUMMONS RETURNED EXECUTED. Designs on Fifth, LTD served on 12/4/2023, answer due 12/26/2023. Service was accepted by DAVID AMBALO, Personally. Document filed by Juan Castro..(Stillman, Lina) |
| Filing 8 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF SUMMONS as to Designs on Fifth, LTD, re: #1 Complaint. Document filed by Juan Castro..(Stillman, Lina) Modified on 12/28/2023 (pc). |
| Filing 7 SUMMONS RETURNED EXECUTED. David Ambalo served on 12/4/2023, answer due 12/26/2023. Service was accepted by DAVID AMBALO, Personally. Document filed by Juan Castro..(Stillman, Lina) |
| Minute Entry for proceedings held before Judge John G. Koeltl: Initial Conference set for 4/4/2024 at 12:00 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) |
| Filing 6 CIVIL COVER SHEET filed..(Stillman, Lina) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to David Ambalo, Designs on Fifth, LTD. (vf) |
| Filing 4 FILING ERROR - DEFICIENT - SIGNATURE ERROR - CIVIL COVER SHEET filed..(Stillman, Lina) Modified on 11/28/2023 (vf). |
| ***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): Form 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. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Lina Stillman. The party information for the following party/parties has been modified: David Ambalo. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf) |
| ***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; Fee Status code pend (IFP pending). 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 Fee Status code has been modified to pd (paid). (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Lina Stillman to RE-FILE Document No. #4 Civil Cover Sheet. The filing is deficient for the following reason(s): Signature Error. Form is not signed. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (vf) |
| Case Designated ECF. (vf) |
| Magistrate Judge Stewart D. Aaron 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. 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) |
| Filing 3 FILING ERROR - DEFICIENT BLANK FORM - CIVIL COVER SHEET filed..(Stillman, Lina) Modified on 11/28/2023 (vf). |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to DESIGNS ON FIFTH, LTD and DAVID AMBALO, re: #1 Complaint. Document filed by Juan Castro..(Stillman, Lina) |
| Filing 1 COMPLAINT against David Ambalo, Designs on Fifth, LTD. (Filing Fee $ 402.00, Receipt Number ANYSDC-28615997)Document filed by Juan Castro..(Stillman, Lina) |
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