Urbano v. Seabreeze Fish Market Inc. et al
| David Urbano |
| Seabreeze Fish Market Inc., Vincent J. Dimino and Paul Dimino |
| 1:2024cv01031 |
| February 12, 2024 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| 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 March 28, 2024. A more recent docket listing may be available from PACER.
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Filing 16
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). Amended Pleadings due by 5/28/2024. Joinder of Parties due by 5/28/2024. Deposition due by 7/26/2024. Fact Discovery due by 7/26/2024. This case is not to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 3 days. Pre-Motion Conference set for 8/14/2024 at 04:20 PM before Judge Lorna G. Schofield. The motion will be discussed at the conference. To join the conference, the parties shall call (888) 363-4749 and use Access Code 558-3333. The time of the conference is approximate, but the parties shall be ready to proceed at that time. The Clerk of Court is directed to enter the dates under paragraphs 5, 6, 8(a), 9(b)-(c) and 13(a)-(c) into the Court's calendar, and to schedule the conference under paragraph 13(c) as a Pre-Motion Conference, even though the conference will be held by telephone. SO ORDERED. (Signed by Judge Lorna G. Schofield on 3/28/2024) (mml)
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Filing 15
ORDER:It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program to take place by April 28, 2024. The parties are hereby notified that Local Rule 83.9 shall govern the mediation and are directed to participate in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. To the extent possible, the Mediation Program is directed to appoint a mediator with expertise in the Fair Labor Standards Act. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 4/11/2024. (Signed by Judge Lorna G. Schofield on 3/28/2024) (jca)
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Filing 14
ORDER It is hereby ORDERED that the April 3, 2024, initial pretrial conference is CANCELED. If the parties believe that a conference would nevertheless be useful, they should inform the Court immediately so the conference can be reinstated. The case management plan and scheduling order will issue in a separate order. The parties attention is particularly directed to the provisions for periodic status letters, and the need for a pre-motion letter to avoid cancellation of the final conference and setting of a trial date. The parties request for a stay of discovery pending mediation is DENIED. Absent extraordinary circumstances, the Court does not stay discovery or any other case management deadlines during the pendency of mediation or a motion to dismiss. It is further ORDERED that if Defendant(s) seek to file a motion to dismiss, they shall file a pre-motion letter pursuant to Individual Rules III.A.1 and III.C.2. It is further ORDERED, regarding settlement discussions, the parties' request for a referral to mediation is GRANTED. The referral will issue in a separate order. The parties should be aware that the Court does not extend the deadlines for fact and expert discovery absent compelling circumstances. (Signed by Judge Lorna G. Schofield on 3/28/2024) (jca)
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| Filing 13 LETTER addressed to Judge Lorna G. Schofield from Raymond Nardo, Esq. dated March 27, 2024 re: Urbano v. Seabreeze Fish Market Inc., et. al.. Document filed by David Urbano. (Attachments: #1 Proposed Order Joint Proposed Civil Case Management Plan and Scheduling Order).(Nardo, Raymond) |
| Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Seabreeze Fish Market Inc...(Small, Amanda) |
| Filing 11 ANSWER to #1 Complaint. Document filed by Paul Dimino, Vincent J. Dimino, Seabreeze Fish Market Inc...(Kelton, Justin) |
| Filing 10 NOTICE OF APPEARANCE by Amanda P Small on behalf of Paul Dimino, Vincent J. Dimino, Seabreeze Fish Market Inc...(Small, Amanda) |
| Filing 9 NOTICE OF APPEARANCE by Justin Tyler Kelton on behalf of Paul Dimino, Vincent J. Dimino, Seabreeze Fish Market Inc...(Kelton, Justin) |
| Filing 8 SUMMONS RETURNED EXECUTED. Vincent J. Dimino served on 2/23/2024, answer due 3/15/2024. Service was accepted by Vincent Dimino. Document filed by David Urbano..(Nardo, Raymond) |
| Filing 7 SUMMONS RETURNED EXECUTED. Paul Dimino served on 2/23/2024, answer due 3/15/2024. Service was accepted by Vincent Dimino. Service was made by MAIL. Document filed by David Urbano..(Nardo, Raymond) |
| Filing 6 SUMMONS RETURNED EXECUTED. Seabreeze Fish Market Inc. served on 2/23/2024, answer due 3/15/2024. Service was accepted by Vincent Dimino. Document filed by David Urbano..(Nardo, Raymond) |
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Filing 5
ORDER: Initial Conference set for 4/3/2024 at 04:20 PM before Judge Lorna G. Schofield. The parties shall call (888) 363-4749 and enter the access code 558-3333. The telephonic conference is public, and the time of the conference is approximate, but the parties shall be ready to proceed by that time. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties shall ensure they are all dialed into the conference call by the appointed conference time, as further set forth. (Signed by Judge Lorna G. Schofield on 2/14/2024) (mml) Modified on 2/15/2024 (mml).
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to Paul Dimino, Vincent J. Dimino, Seabreeze Fish Market Inc...(jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Raymond Nardo. The following case opening statistical information was erroneously selected/entered: Arbitration code e (Exempt);. The following correction(s) have been made to your case entry: the Arbitration code has been deleted;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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 Robyn F. Tarnofsky 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 3 CIVIL COVER SHEET filed..(Nardo, Raymond) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Seabreeze Fish Market, Inc., Vincent J. Dimino, an individual, Paul Dimino, an individual, re: #1 Complaint. Document filed by David Urbano..(Nardo, Raymond) |
| Filing 1 COMPLAINT against Paul Dimino, Vincent J. Dimino, Seabreeze Fish Market Inc.. (Filing Fee $ 405.00, Receipt Number ANYSDC-28938449)Document filed by David Urbano..(Nardo, Raymond) |
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