Rosa v. Park Avenue South Management, LLC et al
| Carlos R. Rosa |
| Park Avenue South Management, LLC, Tri-Star Equities, Inc., John Doe, Edward Doe, Nabil Doe and Tristar Management Associates LLC |
| 1:2024cv00119 |
| January 7, 2024 |
| US District Court for the Southern District of New York |
| Gregory H Woods |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Denial of Overtime Compensation |
| None |
Docket Report
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This docket was last retrieved on January 19, 2024. A more recent docket listing may be available from PACER.
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| Filing 19 MEMO ENDORSEMENT on re: #18 Affirmation in Support filed by Carlos R. Rosa. ENDORSEMENT: Plaintiff has voluntarily dismissed his claims against Defendant Tri-Star Equities, Inc. under F.R.C.P. 41(a) (1)(A)(i) without prejudice. The Clerk of Court is directed to remove the name of Defendant Tri-Star Equities, Inc. from the caption of this case. (Signed by Judge Gregory H. Woods on 1/19/2024) (rro) Modified on 2/7/2024 (rro). |
| Filing 18 AFFIRMATION of Andrew D. Beresin, Esq. in Support re: #17 Order,,. Document filed by Carlos R. Rosa..(Samuel, Michael) |
Filing 17
ORDER: On January 11, 2024, Plaintiff filed a notice of voluntary dismissal under 41(a)(1)(A)(i), seeking to dismiss this action against Defendant Tri-Star Equities, Inc. On January 12, 2024, the Court ordered counsel for Plaintiff to submit a sworn affidavit in support of the stipulation pursuant to the Second Circuit's decision in Samake v. Thunder Lube, Inc., 24 F.4th 804, 807 (2d Cir. 2022) no later than January 17, 2024. The Court has not received that submission. Accordingly, counsel for Plaintiff is directed to comply with the Court's January 12, 2024 order forthwith, and in no event later than January 23, 2024. SO ORDERED. (Signed by Judge Gregory H. Woods on 1/18/2024) (ks)
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| Filing 16 SUMMONS RETURNED EXECUTED. Nabil Doe served on 1/10/2024, answer due 1/31/2024. Service was accepted by Daniel Doe. Document filed by Carlos R. Rosa..(Samuel, Michael) |
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Filing 15
ORDER: On January 11, 2024, Plaintiff submitted a notice of voluntary dismissal, seeking to dismiss this action against Defendant Tri-Star Equities, Inc. without prejudice under 41(a)(1)(A)(i). Dkt. No. 14. 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 are 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 January 17, 2024. (Signed by Judge Gregory H. Woods on 1/12/2024) (rro)
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| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #14 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 and it did not dismiss all of the parties or the action in its entirety; the plaintiff(s) filed their voluntary dismissal in a Fair Labor Standards Act (FLSA) case. (tp) |
| Filing 14 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 against the defendant(s) Tri-Star Equities, Inc.. Document filed by Carlos R. Rosa. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Samuel, Michael) |
| Filing 13 AMENDED COMPLAINT amending #1 Complaint against Edward Doe, John Doe, Nabil Doe, Park Avenue South Management, LLC, Tristar Management Associates LLC.Document filed by Carlos R. Rosa. Related document: #1 Complaint..(Samuel, Michael) |
| Filing 12 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 9/9/2024 at 04:00 PM before Judge Gregory H. Woods. The conference will be conducted by telephone. The parties are directed to the Court's Individual Rules of Practice in Civil Cases, which are available on the Court's website. Rule 2 of the Court's Individual Rules contains the dial-in number for the conference and other relevant instructions. The parties are specifically directed to comply with Rule 2(B) of the Court's Individual Rules. (Signed by Judge Gregory H. Woods on 1/8/2024) (rro) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Tri-Star Equities, Inc...(jgo) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Park Avenue South Management, LLC..(jgo) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Nabil Doe..(jgo) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Edward Doe..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Steven Samuel. The party information for the following party/parties has been modified: JOHN DOE; Doe Edward. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Michael Steven Samuel to RE-FILE Document No. #2 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; party name on the PDF case caption does not match exactly as it appears on the pleading caption;. 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) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Michael Steven Samuel to RE-FILE Document No. #5 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; the Request for Issuance of Summons cannot be issued for the party requested because it does not identify the party subject to service. Pursuant to FRCP Rule 4(a)(1)(A) and FRCP Rule 4(a)(1)(B) : a summons must name the parties and be directed to the defendant. Once the party has been identified, the filing party may request a summons at that time;. 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. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Steven Samuel. The following case opening statistical information was erroneously selected/entered: Arbitration code e (Exempt); Fee Status code due (due);. The following correction(s) have been made to your case entry: the Arbitration code has been deleted; the Fee Status code has been modified to pd (paid);. (jgo) |
| 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..(jgo) |
| Magistrate Judge Valerie Figueredo 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. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Nabil Doe, re: #1 Complaint. Document filed by Carlos R. Rosa..(Samuel, Michael) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Edward Doe, re: #1 Complaint. Document filed by Carlos R. Rosa..(Samuel, Michael) |
| Filing 5 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to John Doe, re: #1 Complaint. Document filed by Carlos R. Rosa..(Samuel, Michael) Modified on 1/8/2024 (jgo). |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Tri-Star Equities, Inc., re: #1 Complaint. Document filed by Carlos R. Rosa..(Samuel, Michael) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Park Avenue South Management, LLC, re: #1 Complaint. Document filed by Carlos R. Rosa..(Samuel, Michael) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Samuel, Michael) Modified on 1/8/2024 (jgo). |
| Filing 1 COMPLAINT against JOHN DOE, Nabil Doe, Doe Edward, Park Avenue South Management, LLC, Tri-Star Equities, Inc.. (Filing Fee $ 405.00, Receipt Number ANYSDC-28778025)Document filed by Carlos R. Rosa..(Samuel, Michael) |
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