Sierra v. Tomino LLC et al
| Sierra Ormandy and Ormandy Sierra |
| Tomino LLC, Tomino Taberna Gallega, Victor Gonzalez, Phil Gonzalez, Marco Gonzalez and Tomino LLC doing business as Tomino Taberna Gallega |
| 1:2024cv02795 |
| April 12, 2024 |
| US District Court for the Southern District of New York |
| Dale E Ho |
| 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 June 4, 2024. A more recent docket listing may be available from PACER.
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Filing 17
ORDER granting #16 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Dale E. Ho on 6/4/2024) (ks)
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| Filing 16 LETTER MOTION for Extension of Time to answer, or otherwise respond to, Plaintiffs Complaint addressed to Judge Dale E. Ho from Samuel G. Dobre dated June 4, 2024. Document filed by Marco Gonzalez, Phil Gonzalez, Victor Gonzalez, Tomino LLC..(Dobre, Samuel) |
| Set/Reset Deadlines: Marco Gonzalez answer due 7/12/2024; Phil Gonzalez answer due 7/12/2024; Victor Gonzalez answer due 7/12/2024; Tomino LLC answer due 7/12/2024. (ks) |
| Filing 15 NOTICE OF APPEARANCE by Yosef Nussbaum on behalf of Ormandy Sierra..(Nussbaum, Yosef) |
| Filing 14 MEMO ENDORSEMENT granting #13 Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. The Clerk of Court is respectfully directed to terminate ECF notifications for Mr. Nolan and to close the motion at ECF No. 13.. (Signed by Judge Dale E. Ho on 5/29/2024) Attorney Francis Xavier Nolan, IV terminated (ks) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 6/28/2024.(sge) |
| Filing 13 MOTION for Francis X. Nolan, IV to Withdraw as Attorney . Document filed by Marco Gonzalez, Phil Gonzalez, Victor Gonzalez, Tomino LLC. (Attachments: #1 Affidavit of Francis X. Nolan, IV).(Nolan, Francis) |
| Filing 12 NOTICE OF APPEARANCE by James E. McGrath, III on behalf of Marco Gonzalez, Phil Gonzalez, Victor Gonzalez, Tomino LLC..(McGrath, James) |
| Filing 11 NOTICE OF APPEARANCE by Samuel G Dobre on behalf of Marco Gonzalez, Phil Gonzalez, Victor Gonzalez, Tomino LLC..(Dobre, Samuel) |
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Filing 10
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 7/24/2024 at 03:00 PM before Judge Dale E. Ho. The conference will be held via Microsoft Teams. The parties should dial in by calling (646) 453-4442 and entering the Phone Conference ID: 134 648 568, followed by the pound (#) sign. SO ORDERED. (Signed by Judge Dale E. Ho on 5/21/2024) (ks)
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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 5/28/2024. (Signed by Judge Dale E. Ho on 10/13/2023) (rpr)
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Filing 8
ORDER granting #7 Letter Motion for Extension of Time to Answer re #7 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Dale E. Ho from Francis X. Nolan, IV dated May 8, 2024. Application GRANTED. Defendants shall answer, move, or otherwise respond to the Complaint by June 12, 2024. So Ordered.. (Signed by Judge Dale E. Ho on 5/8/2024) Marco Gonzalez answer due 6/12/2024; Phil Gonzalez answer due 6/12/2024; Victor Gonzalez answer due 6/12/2024; Tomino LLC answer due 6/12/2024 (ks)
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| Filing 7 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Dale E. Ho from Francis X. Nolan, IV dated May 8, 2024. Document filed by Marco Gonzalez, Phil Gonzalez, Victor Gonzalez, Tomino LLC..(Nolan, Francis) |
| Filing 6 NOTICE OF APPEARANCE by Francis Xavier Nolan, IV on behalf of Marco Gonzalez, Phil Gonzalez, Victor Gonzalez, Tomino LLC..(Nolan, Francis) |
| Filing 5 SUMMONS RETURNED EXECUTED. Marco Gonzalez served on 4/24/2024, answer due 5/15/2024; Phil Gonzalez served on 4/24/2024, answer due 5/15/2024; Victor Gonzalez served on 4/24/2024, answer due 5/15/2024; Tomino LLC served on 4/24/2024, answer due 5/15/2024. Service was accepted by Jonathan Solina, Co-worker. Document filed by Ormandy Sierra. (Attachments: #1 Affidavit Affidavit of service upon Marco Gonzalez, #2 Affidavit Affidavit of service upon Phil Gonzalez, #3 Affidavit Affidavit of Service upon Victor Gonzalez).(Kirschenbaum, Daniel) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Marco Gonzalez, Phil Gonzalez, Victor Gonzalez, Tomino LLC. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Daniel Maimon Kirschenbaum. The party information for the following party/parties has been modified: Sierra Ormandy, Tomino LLC. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; alias party name was omitted; party name entered incorrectly. (vf) |
| ***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Daniel Maimon Kirschenbaum. The following party/parties has been removed from this case: Tomino Taberna Gallega. The party was added to the case in error. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Daniel Maimon Kirschenbaum. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:2(a) Fair Labor Standards Act. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:201 Fair Labor Standards Act. (vf) |
| 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. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Dale E. Ho. 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) |
| Case Designated ECF. (vf) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to TOMINO LLC d/b/a TOMIO TABERNA GALLEGA, VICTOR GONZALEZ,,PHIL GONZALEZ, and MARCO GONZALEZ, re: #1 Complaint,. Document filed by Sierra Ormandy..(Kirschenbaum, Daniel) |
| Filing 2 CIVIL COVER SHEET filed..(Kirschenbaum, Daniel) |
| Filing 1 COMPLAINT against Marco Gonzalez, Phil Gonzalez, Victor Gonzalez, Tomino LLC, Tomino Taberna Gallega. (Filing Fee $ 405.00, Receipt Number ANYSDC-29213408)Document filed by Sierra Ormandy. (Attachments: #1 Exhibit Consent to sue).(Kirschenbaum, Daniel) |
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