Hoti v. Patsy's Italian Restaurant Inc. et al
| Kreshnik Hoti, Desiart Ymeraga, Labinot Uruqi, Norlet Osmani, Leorik Hasangjekaj, Ilir Madevic and Bardhi Ymeraga |
| Lisa Scognamillo, Joseph Scognamillo, Sal Scognamillo and Patsy's Italian Restaurant Inc. doing business as Patsy's Italian Restaurant |
| 1:2024cv06991 |
| September 16, 2024 |
| US District Court for the Southern District of New York |
| Jessica G L Clarke |
| Henry J Ricardo |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
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This docket was last retrieved on November 25, 2024. A more recent docket listing may be available from PACER.
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Filing 25
ORDER: By an Order of Reference dated October 11, this case was referred to Magistate Judge Lehrburger for general pretrial and settlement. On October 16, the case was reassigned to me. As soon as practicable, the parties are directed to contact Chambers at RicardoNYSDChambers@nysd.uscourts.gov, copying all counsel, to schedule a settlement conference for a time when they believe it would be productive. The parties are also directed to review the "Procedures for All Cases Referred for Settlement to Magistrate Judge Henry J. Ricardo," available at https://nysd.uscourts.gov/hon-henry-j-ricardo. SO ORDERED. (Signed by Magistrate Judge Henry J Ricardo on 11/12/2024) (ks)
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| Filing 24 LETTER RESPONSE in Opposition to Motion addressed to Judge Jessica G. L. Clarke from Michael DiGiulio dated November 12, 2024 re: #23 FIRST LETTER MOTION for Conference addressed to Judge Jessica G. L. Clarke from Michael D. Yim, Esq. dated 11/8/2024. LETTER MOTION for Leave to File Answer addressed to Judge Jessica G. L. Clarke from Michael D. Yim, Esq. dated 11/8/2024. LETTER MOTION to Stay addressed to Judge Jessica G. L. Clarke from Michael D. Yim, Esq. dated 11/8/2024. . Document filed by Kreshnik Hoti..(Digiulio, Michael) |
| Filing 23 FIRST LETTER MOTION for Conference addressed to Judge Jessica G. L. Clarke from Michael D. Yim, Esq. dated 11/8/2024., LETTER MOTION for Leave to File Answer addressed to Judge Jessica G. L. Clarke from Michael D. Yim, Esq. dated 11/8/2024., LETTER MOTION to Stay addressed to Judge Jessica G. L. Clarke from Michael D. Yim, Esq. dated 11/8/2024. Document filed by Patsy's Italian Restaurant Inc., Sal Scognamillo, Joseph Scognamillo, Lisa Scognamillo. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D).(Yim, Michael) |
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Filing 22
ORDER granting #21 Letter Motion for Extension of Time to Answer All Defendants (HEREBY ORDERED by Magistrate Judge Henry J Ricardo)(Text Only Order)
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| Filing 21 FIRST MOTION for Extension of Time to File Answer . Document filed by Patsy's Italian Restaurant Inc., Joseph Scognamillo, Lisa Scognamillo, Sal Scognamillo..(Yim, Michael) |
| NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Henry J Ricardo, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Magistrate Judge Robert W. Lehrburger no longer referred to the case. Motions referred to Henry J Ricardo. (vba) |
| Magistrate Judge Henry J. Ricardo is so redesignated to handle matters that may be referred in this case. (vba) |
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Filing 20
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) and Settlement. Referred to Magistrate Judge Robert W. Lehrburger. (Signed by Judge Jessica G. L. Clarke on 10/10/2024) (tg)
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Filing 19
ORDER: The above captioned cases are both brought by Plaintiffs Kreshnik Hoti and Desiart Ymergag against Patsy's Italian Restaurant for alleged wage and hour violations and claims of discrimination. Although the wage and hour case (24-CV-6991) includes additional plaintiffs, there appears to be overlap between the two matters. As such, the Court is likely to consolidate these actions for discovery. In advance of doing so, however, the Court is referring the parties in both matters to a settlement conference before the assigned Magistrate Judge. If settlement is unsuccessful, the parties are directed to file a status report within one week of that settlement conference. At that point, the Court will schedule an initial pretrial conference in both cases. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 10/10/2024) (tg)
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| Filing 18 NOTICE OF APPEARANCE by Michael D. Yim on behalf of Patsy's Italian Restaurant Inc., Joseph Scognamillo, Lisa Scognamillo, Sal Scognamillo..(Yim, Michael) |
| Filing 17 CONSENT TO SUE UNDER THE F.L.S.A. Document filed by Bardhi Ymeraga..(Kirschenbaum, Daniel) |
| Filing 16 CONSENT TO SUE UNDER THE F.L.S.A. Document filed by Leorik Hasangjekaj..(Digiulio, Michael) |
| Filing 15 SUMMONS RETURNED EXECUTED. Patsy's Italian Restaurant Inc. served on 9/30/2024, answer due 10/21/2024; Joseph Scognamillo served on 10/1/2024, answer due 10/22/2024; Lisa Scognamillo served on 10/1/2024, answer due 10/22/2024; Sal Scognamillo served on 10/1/2024, answer due 10/22/2024. Service was accepted by Co-worker. Document filed by Kreshnik Hoti. (Attachments: #1 Affidavit Affidavit of Service on Joseph Scognmillo, #2 Affidavit Affidavit of Service on Lisa Scognamillo, #3 Affidavit Affidavit of Service on Sal Scognamillo).(Digiulio, Michael) |
| Filing 14 CONSENT TO SUE UNDER THE F.L.S.A. Document filed by Norlet Osmani..(Digiulio, Michael) |
| Filing 13 CONSENT TO SUE UNDER THE F.L.S.A. Document filed by Ilir Madevic..(Digiulio, Michael) |
| Filing 12 CONSENT TO SUE UNDER THE F.L.S.A. Document filed by Labinot Uruqi..(Digiulio, Michael) |
| Filing 11 FIRST AMENDED COMPLAINT amending #5 Complaint against Patsy's Italian Restaurant Inc., Joseph Scognamillo, Lisa Scognamillo, Sal Scognamillo with JURY DEMAND.Document filed by Desiart Ymeraga, Kreshnik Hoti. Related document: #5 Complaint. (Attachments: #1 Exhibit A - Consents to Sue).(Digiulio, Michael) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Patsy's Italian Restaurant Inc., Joseph Scognamillo, Lisa Scognamillo, Sal Scognamillo..(pc) |
| Filing 9 CONSENT TO SUE UNDER THE F.L.S.A. Document filed by Kreshnik Hoti..(Kirschenbaum, Daniel) |
| Filing 8 CONSENT TO SUE UNDER THE F.L.S.A. Document filed by Desiart Ymeraga, Kreshnik Hoti..(Digiulio, Michael) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Patsy's Italian Restaurant Inc., SAL SCOGNAMILLO, JOSEPH SCOGNAMILLO, Lisa Scognamillo, re: #5 Complaint. Document filed by Desiart Ymeraga, Kreshnik Hoti..(Digiulio, Michael) |
| Filing 6 CIVIL COVER SHEET filed..(Digiulio, Michael) |
| Filing 5 COMPLAINT against Patsy's Italian Restaurant Inc., Joseph Scognamillo, Lisa Scognamillo, Sal Scognamillo. Document filed by Desiart Ymeraga, Kreshnik Hoti..(Digiulio, Michael) |
| Filing 4 NOTICE OF APPEARANCE by Michael Digiulio on behalf of Kreshnik Hoti, Desiart Ymerga..(Digiulio, Michael) |
| 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) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Daniel Maimon Kirschenbaum to RE-FILE Document No. #3 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; Defendant party name error. 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. (vf) |
| Case Designated ECF. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jessica G. L. Clarke. 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) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Daniel Maimon Kirschenbaum to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated May 28, 2024. 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 May 28, 2024. The S.D.N.Y. Civil Cover Sheet dated May 28, 2024 is located at#http://nysd.uscourts.gov/forms/civil-cover-sheet-2.. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Daniel Maimon Kirschenbaum to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s) all of the filer/filers were not selected for the pleading. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Daniel Maimon Kirschenbaum. The party information for the following party/parties has been modified: Patsy Italian Restaurant Inc., Kreshnik Hoti, Desiart Ymerga. 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 contained a typographical error. (vf) |
| ***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Daniel Maimon Kirschenbaum. The following party/parties has been removed from this case: Desiart Ymerga. The party was added to the case in error. (Duplicate Party) (vf) |
| Filing 3 FILING ERROR - DEFICIENT - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Patsy Italian Restaurant Inc.,Sal Scognamillo,Joseph Scognamillo,Lisa Scognamillo, re: #1 Complaint,. Document filed by Kreshnik Hoti, Desiart Ymerga..(Kirschenbaum, Daniel) Modified on 9/17/2024 (vf). |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Kirschenbaum, Daniel) Modified on 9/17/2024 (vf). |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - COMPLAINT against Patsy Italian Restaurant Inc., Joseph Scognamillo, Lisa Scognamillo, Sal Scognamillo. (Filing Fee $ 405.00, Receipt Number ANYSDC-29900522)Document filed by Kreshnik Hoti. (Attachments: #1 Exhibit Consent to sue).(Kirschenbaum, Daniel) Modified on 9/17/2024 (vf). |
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