Jimenez v. Square Food & Cafe Inc. et al
| Marcelino Jimenez and Fidel Guzman |
| Ismael "Doe", Square Food & Cafe Inc. doing business as Square Food Market and Ismael Doe |
| Square Food & Cafe Inc |
| 1:2024cv03361 |
| May 2, 2024 |
| US District Court for the Southern District of New York |
| Ronnie Abrams |
| Robyn F Tarnofsky |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
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Filing 14
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 7/12/2024. (Signed by Judge Ronnie Abrams on 12/10/2019) (rpr)
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| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 7/29/2024.(sge) |
| Filing 13 NOTICE OF APPEARANCE by Enrique Armando Leal on behalf of Ismael Doe, Square Food & Cafe Inc...(Leal, Enrique) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Lina Stillman. RE-FILE Document No. #12 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): the proposed clerk's certificate of default does not cite the service of the amended complaint. The documents are not filed correctly. The wrong Clerk of Court is listed on the top of the Clerk's certificate (Please refer to our website, under forms for the new Acting Clerk of Court's name). The Acting Clerk of Court's name is not on the bottom by the signature line (Please refer to our website under forms for a sample of how the certificate should look). Please refer to ECF Rule 16.1. Re-file the proposed clerk's certificate as one entry (Filed under Proposed Orders, Proposed Clerk's Certificate of default). The affirmation in support is filed as a separate entry. (Filed under other answers, affirmation in support of a non-motion. Your request to enter default can be filed as an attachment to the affirmation). (km) |
| Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Fidel Guzman, Marcelino Jimenez. (Attachments: #1 Affidavit In support of Request, #2 Proposed Order Proposed Certificate of Default).(Stillman, Lina) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 6/26/2024 (km). |
| Filing 11 AFFIDAVIT OF SERVICE of Copy of June 10th, 2024 order served on SQUARE FOOD & CAF INC. (DBA SQUARE FOOD MARKET), and ISMAEL (DOE), on 6/11/2024. Service was made by MAIL. Document filed by Fidel Guzman, Marcelino Jimenez. (Attachments: #1 Exhibit USPC Tracking Number).(Stillman, Lina) |
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Filing 10
ORDER I am sua sponte extending the deadline for Defendants to respond to the Amended Complaint nunc pro tunc until June 21, 2024. Plaintiffs are directed to mail by June 11, 2024 a copy of this Order to Defendant Square Food & Cafe Inc. at its principal place of business, identified in the Amended Complaint as 253 E 149th Street, Bronx, NY, 10451, and to mail another copy of the same to Defendant Ismael Doe at the same address, identified in ECF 8 as the address where service of the summons and Amended Complaint was made on him. Plaintiffs are directed to file confirmation of such mailings on the docket by June 11, 2024. Failure by either Defendant to meet the new deadline for responding to the Amended Complaint may result in an order requiring Plaintiffs to begin default judgment proceedings. (And as further set forth herein.) SO ORDERED. Ismael Doe answer due 6/21/2024; Square Food & Cafe Inc. answer due 6/21/2024. (Signed by Magistrate Judge Robyn F. Tarnofsky on 6/10/2024) (jca)
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| Filing 9 SUMMONS RETURNED EXECUTED. Square Food & Cafe Inc. served on 5/16/2024, answer due 6/6/2024. Service was accepted by Wally Zindan/Manager. Document filed by Marcelino Jimenez..(Stillman, Lina) |
| Filing 8 SUMMONS RETURNED EXECUTED. Ismael Doe served on 5/16/2024, answer due 6/6/2024. Service was accepted by Wally Zindan/Manager. Document filed by Marcelino Jimenez..(Stillman, Lina) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Ismael Doe, Square Food & Cafe Inc.. (vf) |
| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Robyn F. Tarnofsky to handle matters that may be referred in this case. Please note that this is a reassignment of the designation only. (laq) |
| NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Robyn F. Tarnofsky, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Magistrate Judge Valerie Figueredo no longer referred to the case. (laq) |
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Filing 6
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Valerie Figueredo. SO ORDERED. (Signed by Judge Ronnie Abrams on 5/3/2024) (vfr)
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| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to SQUARE FOOD & CAFE INC. (DBA SQUARE FOOD MARKET) and ISMAEL DOE, Individually,, re: #4 Amended Complaint. Document filed by Fidel Guzman, Marcelino Jimenez..(Stillman, Lina) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Lina Stillman to RE-FILE Document No. #2 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;. 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) |
| Case Designated ECF. (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 OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. 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) |
| ***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;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:216;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Lina Stillman. The party information for the following party/parties has been modified: Square Food & Cafe Inc. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; alias party name was omitted;. (jgo) |
| Filing 4 FIRST AMENDED COMPLAINT amending #1 Complaint against Ismael "Doe", Square Food & Cafe Inc.Document filed by Marcelino Jimenez, Fidel Guzman. Related document: #1 Complaint..(Stillman, Lina) |
| Filing 3 CIVIL COVER SHEET filed..(Stillman, Lina) |
| Filing 2 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to SQUARE FOOD & CAFE INC. (DBA SQUARE FOOD MARKET) and ISMAEL DOE, Individually,, re: #1 Complaint. Document filed by Marcelino Jimenez..(Stillman, Lina) Modified on 5/3/2024 (jgo). |
| Filing 1 COMPLAINT against Ismael "Doe", Square Food & Cafe Inc. (Filing Fee $ 405.00, Receipt Number ANYSDC-29300179)Document filed by Marcelino Jimenez..(Stillman, Lina) |
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