Hernandez v. Abitino Rock Center LLC et al
| Rafael Hernandez |
| Abitino Rock Center LLC, Mario Abitino, Domenico Abitino and Abitino Rock Center LLC doing business as Abitino's Pizzeria Rock Center |
| 1:2024cv01489 |
| February 27, 2024 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| 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 15, 2024. A more recent docket listing may be available from PACER.
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| Filing 11 SUMMONS RETURNED EXECUTED. Domenico Abitino served on 4/10/2024, answer due 5/1/2024. Service was accepted by Luis (DOE), Manager. Document filed by Rafael Hernandez..(Stillman, Lina) |
| Filing 10 SUMMONS RETURNED EXECUTED. Mario Abitino served on 4/10/2024, answer due 5/1/2024. Service was accepted by Luis (DOE), Manager. Document filed by Rafael Hernandez..(Stillman, Lina) |
| Filing 9 SUMMONS RETURNED EXECUTED. Abitino Rock Center LLC served on 4/10/2024, answer due 5/1/2024. Service was accepted by Luis (DOE), Manager. Document filed by Rafael Hernandez..(Stillman, Lina) |
Filing 8
ORDER. 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 April 29, 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. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by April 29, 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 2/29/24) (yv)
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Filing 7
ORDER. 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 2/29/24) (yv)
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Filing 6
INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by April 29, 2024, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. This Court is participating in a Pilot Program for Initial Discovery Protocols for Employment Cases Alleging Adverse Action, initiated by the Advisory Committee on Federal Rules of Civil Procedure, available at https://www.fjc.gov/sites/default/files/2012/DiscEmpl.pdf. The Initial Discovery Protocols will apply to all employment cases pending in this Court that challenge one or more actions alleged to be adverse, except: (As further set forth herein.) SO ORDERED. (Signed by Judge Analisa Torres on 2/29/2024) (va)
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| Filing 5 CIVIL COVER SHEET filed..(Stillman, Lina) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Domenico Abitino, Mario Abitino, Abitino Rock Center LLC..(jgo) |
| Case Designated ECF. (jgo) |
| ***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): the PDF attached to the docket entry for the civil cover sheet is not correct; the PDF was not signed by the attorney;. 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 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; Jury Demand code n (None);. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:216; the Jury Demand code has been modified to p (Plaintiff);. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Lina Stillman. The party information for the following party/parties has been modified: Abitino Rock Center LLC. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted;. (jgo) |
| 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..(jgo) |
| 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. (jgo) |
| Filing 3 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Stillman, Lina) Modified on 2/28/2024 (jgo). |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to ABITINO ROCK CENTER LLC (DBA ABITINOS PIZZERIA ROCK CENTER), MARIO ABITINO and DOMENICO ABITINO,, re: #1 Complaint. Document filed by Rafael Hernandez..(Stillman, Lina) |
| Filing 1 COMPLAINT against Domenico Abitino, Mario Abitino, Abitino Rock Center LLC. (Filing Fee $ 405.00, Receipt Number ANYSDC-29003487)Document filed by Rafael Hernandez..(Stillman, Lina) |
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