Espaillat v. Procida Construction Corp. et al
| Francisco Espaillat |
| Procida Construction Corp., Procida Construction Corp. of NY, Joseph Procida and Mario Procida |
| 1:2024cv00294 |
| January 15, 2024 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Denial of Overtime Compensation |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 13, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 3/14/2024.(sge) |
| Filing 11 NOTICE OF APPEARANCE by Victoria Spagnolo on behalf of Francisco Espaillat..(Spagnolo, Victoria) |
| Filing 10 ANSWER to #1 Complaint. Document filed by Joseph Procida, Mario Procida, Procida Construction Corp., Procida Construction Corp. of NY..(Gosseen, Robert) |
Filing 9
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 2/12/2024. (Signed by Judge Analisa Torres on 12/10/2019) (rpr)
|
| Filing 8 NOTICE OF APPEARANCE by Robert I. Gosseen on behalf of Joseph Procida, Mario Procida, Procida Construction Corp., Procida Construction Corp. of NY..(Gosseen, Robert) |
|
Filing 7
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 May 14, 2024, file a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, as further set forth herein. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by May 14, 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 1/17/2024) (vfr)
|
|
Filing 6
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 May 14, 2024, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. (As further set forth in this Order.) SO ORDERED. (Signed by Judge Analisa Torres on 1/17/2024) (vfr)
|
|
Filing 5
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 1/17/2024) (vfr)
|
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Joseph Procida, Mario Procida, Procida Construction Corp., Procida Construction Corp. of NY. (vf) |
| 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..(vf) |
| Magistrate Judge Robert W. Lehrburger 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 Designated ECF. (vf) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Procida Construction Corp., Procida Construction Corp. of NY, Joseph Procida, Mario Procida, re: #1 Complaint. Document filed by Francisco Espaillat..(Reilly, Justin) |
| Filing 2 CIVIL COVER SHEET filed..(Reilly, Justin) |
| Filing 1 COMPLAINT against Joseph Procida, Mario Procida, Procida Construction Corp., Procida Construction Corp. of NY. (Filing Fee $ 405.00, Receipt Number ANYSDC-28810568)Document filed by Francisco Espaillat..(Reilly, Justin) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
