Angulo et al v. Clowns.com, Inc. et al
| Brayan Angulo, Cameron Pille, Janina Salorio, Xander Black, Miles McKenzie Sullivan, Cara Margaret Stofa, Yasmine Elabd, Matthew Tierney, Will Pierson, Grayson Hampshire, Isabella Marinucci and Lia Hauser |
| Adolph Rodriguez, Clowns.com, Inc., George Rodriguez, George Adolph Rodriguez, George Blackstone and Erica Barbuto |
| 1:2023cv10983 |
| December 19, 2023 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| None |
Docket Report
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This docket was last retrieved on April 29, 2024. A more recent docket listing may be available from PACER.
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| Filing 36 NOTICE OF APPEARANCE by Richard J. Reibstein on behalf of Erica Barbuto, Clowns.com, Inc., Adolph Rodriguez..(Reibstein, Richard) |
Filing 35
ORDER granting #31 Letter Motion for Leave to File Document. The Court has reviewed the parties pre-motion letters dated January 30 and February 5, 2024. ECF Nos. 31, 33, 34. Accordingly:1. Plaintiffs request to move for conditional certification of a Fair Labor Standards Act collective action is GRANTED;2. By March 12, 2024, Plaintiffs shall file their motion;3. By April 2, 2024, Defendants shall file their opposition papers; and4. By April 16, 2024, Plaintiffs shall file their reply papers, if any.The Clerk of Court is respectfully directed to terminate the motion at ECF No. 31.SO ORDERED.. (Signed by Judge Analisa Torres on 2/6/2024) (jca)
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| Set/Reset Deadlines: Motions due by 3/12/2024. Responses due by 4/2/2024 Replies due by 4/16/2024. (jca) |
| Filing 34 LETTER addressed to Judge Analisa Torres from Mohammed Gangat, Esq. dated February 5, 2024 re: Responding to Plaintiffs' Pre Motion Letters. Document filed by Erica Barbuto, Clowns.com, Inc., Adolph Rodriguez..(Gangat, Mohammed) |
| Filing 33 LETTER addressed to Judge Analisa Torres from Hugh Baran dated 1/30/2024 re: Pre-Motion Letter (ECF No. 31) & Defendants' Position. Document filed by Brayan Angulo, Xander Black, Cameron Pille, Janina Salorio..(Baran, Hugh) |
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Filing 32
ORDER granting #30 Letter Motion for Extension of Time to Answer re #30 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Analisa Torres from Mohammed Gangat, Esq. dated January 29, 2024., #1 Complaint. GRANTED. Defendants shall file their responsive pleading by February 26, 2024. SO ORDERED. (Erica Barbuto answer due 2/26/2024; Clowns.com, Inc. answer due 2/26/2024; Adolph Rodriguez answer due 2/26/2024.0 (Signed by Judge Analisa Torres on 1/30/24) (yv)
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| Filing 31 LETTER MOTION for Leave to File Motion for Conditional Certification of a Fair Labor Standards Act (FLSA) Collective Action & Notice to Similarly Situated Individuals under 29 U.S.C. 216(b) addressed to Judge Analisa Torres from Hugh Baran dated 01/30/2024. Document filed by Brayan Angulo, Xander Black, Cameron Pille, Janina Salorio..(Baran, Hugh) |
| Filing 30 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Analisa Torres from Mohammed Gangat, Esq. dated January 29, 2024. Document filed by Erica Barbuto, Clowns.com, Inc., Adolph Rodriguez. (Attachments: #1 Exhibit A - Stipulation).(Gangat, Mohammed) |
| Filing 29 NOTICE OF APPEARANCE by Mohammed Ahmed Gangat on behalf of Erica Barbuto, Clowns.com, Inc., Adolph Rodriguez..(Gangat, Mohammed) |
| Filing 28 CONSENT TO SUE UNDER THE FLSA. Document filed by Lia Hauser..(Baran, Hugh) |
| Filing 27 CONSENT TO SUE UNDER THE FLSA. Document filed by Isabella Marinucci..(Baran, Hugh) |
| Filing 26 CONSENT TO SUE UNDER THE FLSA. Document filed by Grayson Hampshire..(Baran, Hugh) |
| Filing 25 NOTICE OF APPEARANCE by Patricia Coyle Kakalec on behalf of Brayan Angulo, Xander Black, Yasmine Elabd, Will Pierson, Cameron Pille, Janina Salorio, Cara Margaret Stofa, Miles McKenzie Sullivan, Matthew Tierney..(Kakalec, Patricia) |
| Filing 24 AFFIDAVIT OF SERVICE. Adolph Rodriguez served on 1/5/2024, answer due 1/26/2024. Service was accepted by Adolph Rodriguez, Defendant. Document filed by Janina Salorio; Cameron Pille; Brayan Angulo; Xander Black..(Baran, Hugh) |
| Filing 23 AFFIDAVIT OF SERVICE. Erica Barbuto served on 1/5/2024, answer due 1/26/2024. Service was accepted by Adolph Rodriguez, Co-Worker. Document filed by Janina Salorio; Cameron Pille; Brayan Angulo; Xander Black..(Baran, Hugh) |
| Filing 22 AFFIDAVIT OF SERVICE. Clowns.com, Inc. served on 1/5/2024, answer due 1/26/2024. Service was accepted by Sue Zouky, Authorized Agent, Office of the Secretary of State. Document filed by Janina Salorio; Cameron Pille; Brayan Angulo; Xander Black..(Baran, Hugh) |
| Filing 21 CONSENT TO SUE UNDER THE FLSA. Document filed by Will Pierson..(Baran, Hugh) |
| Filing 20 CONSENT TO SUE UNDER THE FLSA. Document filed by Matthew Tierney..(Baran, Hugh) |
| Filing 19 CONSENT TO SUE UNDER THE FLSA. Document filed by Yasmine Elabd..(Baran, Hugh) |
| Filing 18 CONSENT TO SUE UNDER THE FLSA. Document filed by Cara Margaret Stofa..(Baran, Hugh) |
| Filing 17 CONSENT TO SUE UNDER THE FLSA. Document filed by Miles McKenzie Sullivan..(Baran, Hugh) |
| Filing 16 CONSENT TO SUE UNDER THE FLSA. Document filed by Brayan Angulo..(Baran, Hugh) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to Erica Barbuto..(gp) |
| Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to Erica Barbuto, re: #1 Complaint. Document filed by Brayan Angulo, Xander Black, Cameron Pille, Janina Salorio..(Baran, Hugh) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to Adolph Rodriguez. (vf) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Clowns.com, Inc.. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Hugh Baran to RE-FILE Document No. #8 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Alias party name listed does not correspond to pleading caption. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) |
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Filing 11
INITIAL PRETRIAL SCHEDULING ORDER Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by February 20, 2024, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. COUNSEL FOR PLAINTIFFS IS DIRECTED TO IMMEDIATELY SEND A COPY OF THIS ORDER AND THE COURT'S INDIVIDUAL PRACTICES TO ALL PARTIES. If this case has been settled or otherwise terminated, counsel are required to file a stipulation of discontinuance, voluntary dismissal, or other proof of termination electronically on ECF, with a courtesy copy emailed to chambers in accordance with the Court's Individual Practices. SO ORDERED. (Signed by Judge Analisa Torres on 12/21/2023) (jca)
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Filing 10
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 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 all parties consent to proceed before the Magistrate Judge, counsel for Defendants shall, by February 20, 2024, file a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, available at https://nysd.uscourts.gov/node/754 and attached to this order, on the docket. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. An information sheet on proceedings before magistrate judges is also attached to this order. 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 any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by February 20, 2024, 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 Analisa Torres on 12/21/2023) (jca)
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Filing 9
ORDER To protect the public health, while promoting the just, speedy, and inexpensive determination of every action and proceeding, Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place before an officer appointed or designated under Rule 28 if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 12/21/2023) (jca)
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| Filing 8 FILING ERROR - DEFICIENT - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Erica Barbuto, re: #1 Complaint. Document filed by Brayan Angulo, Xander Black, Cameron Pille, Janina Salorio..(Baran, Hugh) Modified on 12/22/2023 (vf). |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Adolph Rodriguez, re: #1 Complaint. Document filed by Brayan Angulo, Xander Black, Cameron Pille, Janina Salorio..(Baran, Hugh) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Clowns.com, Inc., re: #1 Complaint. Document filed by Brayan Angulo, Xander Black, Cameron Pille, Janina Salorio..(Baran, Hugh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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 Gary Stein 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) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Hugh Baran. The party information for the following party/parties has been modified: Xander Black. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Hugh Baran to RE-FILE Document No. #4 Request for Issuance of Summons, #5 Request for Issuance of Summons, #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): Attorney info is blank. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) |
| Filing 5 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Erica Barbuto, re: #1 Complaint. Document filed by Brayan Angulo, Xander Black, Cameron Pille, Janina Salorio..(Baran, Hugh) Modified on 12/20/2023 (pc). |
| Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Adolph Rodriguez, re: #1 Complaint. Document filed by Brayan Angulo, Xander Black, Cameron Pille, Janina Salorio..(Baran, Hugh) Modified on 12/20/2023 (pc). |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Clowns.com, Inc., re: #1 Complaint. Document filed by Brayan Angulo, Xander Black, Cameron Pille, Janina Salorio..(Baran, Hugh) Modified on 12/20/2023 (pc). |
| Filing 2 CIVIL COVER SHEET filed..(Baran, Hugh) |
| Filing 1 COMPLAINT against Erica Barbuto, Clowns.com, Inc., Adolph Rodriguez. (Filing Fee $ 405.00, Receipt Number ANYSDC-28715514)Document filed by Xander Black, Brayan Angulo, Janina Salorio, Cameron Pille..(Baran, Hugh) |
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