Pena v. El Nuevo Valle #2 Restaurant Corp. et al
| Marino Pena |
| Ruben Atice, Carlos Castro Acosta, John Does 1-5, Delvy Castro Acosta and El Nuevo Valle #2 Restaurant Corp. doing business as El Nuevo Valle #2 Lechonera |
| 1:2024cv07640 |
| October 8, 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 December 3, 2024. A more recent docket listing may be available from PACER.
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| Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint. Carlos Castro Acosta served on 11/13/2024, answer due 12/4/2024. Service was accepted by Lisselot, Wife. Document filed by Marino Pena..(Cilenti, Giustino) |
| Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint. Ruben Atice served on 11/13/2024, answer due 12/4/2024. Service was accepted by Carlos Torres, co-worker. Document filed by Marino Pena..(Cilenti, Giustino) |
| Filing 9 AFFIDAVIT OF SERVICE of Summons and Complaint. El Nuevo Valle #2 Restaurant Corp. served on 11/13/2024, answer due 12/4/2024. Service was accepted by Nancy Dougherty, Legal Clerk. Document filed by Marino Pena..(Cilenti, Giustino) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Ruben Atice, Carlos Castro Acosta, Delvy Castro Acosta, El Nuevo Valle #2 Restaurant Corp...(jgo) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to El Nuevo Valle #2 Restaurant Corp., Delvy Castro Acosta, Carlos Castro Acosta, and Ruben Atice, re: #1 Complaint. Document filed by Marino Pena..(Cilenti, Giustino) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Giustino Cilenti to RE-FILE Document No. #6 Request for Issuance of Summons,. The filing is deficient for the following reason(s): all of the filers were not selected for the request for issuance of summons. 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) |
| Filing 6 FILING ERROR - SUMMONS REQUEST FILER ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to El Nuevo Valle #2 Restaurant Corp., Delvy Castro Acosta, Carlos Castro Acosta, and Ruben Atice, re: #1 Complaint. Document filed by Marino Pena..(Cilenti, Giustino) Modified on 10/16/2024 (jgo). |
Filing 5
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, 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 10/9/2024) (vfr)
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Filing 4
INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by February 10, 2025, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. (As further set forth in this Order.) SO ORDERED. (Signed by Judge Analisa Torres on 10/9/2024) (vfr)
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Filing 3
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, 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 February 10, 2025, file a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, as further set forth herein. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by February 10, 2025, 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 10/9/2024) (vfr)
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| 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) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Giustino Cilenti re: Document No. #1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; add Marino Pena 'on behalf of others similarly situated'. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (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 Designated ECF. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Giustino Cilenti. The party information for the following party/parties has been modified: Marino Pena; El Nuevo Valle #2 Restaurant Corp.. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; alias party name was omitted;. (jgo) |
| Filing 2 CIVIL COVER SHEET filed..(Cilenti, Giustino) |
| Filing 1 COMPLAINT against Ruben Atice, Carlos Castro Acosta, Delvy Castro Acosta, John Does 1-5, El Nuevo Valle #2 Restaurant Corp.. (Filing Fee $ 405.00, Receipt Number ANYSDC-30011203)Document filed by Marino Pena..(Cilenti, Giustino) |
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