Rios Lopez et al v. Blue WP, Inc. et al
| Jesus Rios Lopez and Jose Alberto Rios Lopez |
| Grace DiFeo, WP Burger V, Inc., WP Burger II, Inc., WP Burger, Inc., WP Burger III, Inc., Sandy DiFeo, Angelo Difeo, Blue WP, Inc. and Vincent Corso |
| 7:2018cv11360 |
| December 5, 2018 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Plaintiff |
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Filing 37
SO ORDERED STIPULATION AND TOLLING AGREEMENT: IT IS HEREBY STIPULATED, CONSENTED AND AGREED, by and between Plaintiffs Jose Albetto Rios Lopez and Jesus Rios Lopez, on behalf of themselves and all others similarly situated ("Plaintiffs") and Defendants Blue WP, Inc. (d/b/a Graziella's Italian Bistro), WP Burger, Inc. (d/b/a Westchester Burger Company in White Plains, New York), WP Burger II, Inc. (d/b/a Westchester Burger Company in Rye Brook, New York), WP Burger III, Inc. (d/b/a Westchester Burger Company in Mount Kisco, New York), WP Burger V, Inc. (d/b/a Westchester Burger Company in Stamford Connecticut), Grace Difeo, Angelo Difeo, Sandy Difeo, and Vincent Corso (collectively, "Defendants"), through their undersigned attorneys who state they are authorized to enter into this Stipulation and Tolling Agreement, that (a) Defendants waive any defense based on personal jurisdiction or defective service of process; and (b) the time for Defendants to answer, move, or otherwise respond to Plaintiffs' Complaint in the above-referenced proceeding is extended from January 16, 2016 until January 23, 2019 (the "Tolling Period"). IT IS FURTHER STIPULATED, CONSENTED AND AGREED, by and between Plaintiffs and Defendants, through their undersigned attorneys who are authorized to enter into this Stipulation and Tolling Agreement, that the statute of limitations period for the alleged violations of the Fair Labor Standards Act ("FLSA") and the New York Labor Law claims set forth in the Complaint by individuals purporting to be similarly situated to Plaintiffs who are, or may be, members of the class or who are, and may be members of the collective, shall be tolled during the Tolling Period. By agreeing to this Tolling Period; Defendants waive no statute of limitations defense other than agreeing to this additional week tolling period. SO ORDERED. Vincent Corso answer due 1/23/2019; Blue WP, Inc. answer due 1/23/2019; Grace DiFeo answer due 1/23/2019; Sandy DiFeo answer due 1/23/2019; Angelo Difeo answer due 1/23/2019; WP Burger II, Inc. answer due 1/23/2019; WP Burger III, Inc. answer due 1/23/2019; WP Burger V, Inc. answer due 1/23/2019; WP Burger, Inc. answer due 1/23/2019. (Signed by Judge Vincent L. Briccetti on 1/17/2019) (mml)
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| Filing 36 PROPOSED STIPULATION AND ORDER. Document filed by Jesus Rios Lopez, Jose Alberto Rios Lopez. (Castillo, Alexis) |
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Filing 35
STIPULATION AND ORDER AND TOLLING AGREEMENT: IT IS HEREBY STIPULATED, CONSENTED AND AGREED, by and between Plaintiffs Jose Alberto Rios Lopez and Jesus Rios Lopez, on behalf of themselves and all others similarly situated ("Plaintiffs") and Defendants Blue WP,.Inc. (d/b/a Graziella's Italian Bistro), WP Burger, Inc. (d/b/a Westchester Burger Company in White Plains, New York), WP Burger II, Inc. (d/b/a Westchester Burger Company in Rye Brook, New York), WP Burger III, Inc.(d/b/a Westchester Burger Company in Mount Kisco, New York), WP Burger V, Inc. (d/b/a Westchester Burger Company in Stamford, Connecticut), Grnce DiFeo, Angelo DiFeo, Sandy Difeo, and Vincent Corso (collectively, "Defendants"), through their undersigned attorneys who state they have been authorized to enter into this Stipulation and Tolling Agreement, that (a) Defendants waive any defense based on personal jurisdiction or defective service of process, and (b) the time for Defendants to answer, move or otherwise respond to Plaintiffs' Complaint in the above-referenced proceeding is extended from January 2, 2016 until January 16, 2019 (the "Tolling Period"). IT IS FURTHER STIPULATED, CONSENTED AND AGREED, by and between Plaintiffs and Defendants, through their undersigned attorneys who state that they have been authorized to enter into this Stipulation and Tolling Agreement, that the statute of limitations period for the alleged violations of the Fair Labor Standards Act ("FLSA") and the New York Labor Law set forth in the Complaint by individuals purporting to be similarly situated to Plaintiffs who are, or may be, members of the class or who are, or may be members of the collective, shall hereby be deemed tolled for the Tolling Period. By agreeing to this Tolling Period, Defendants waive no statute of limitations defense other than agreeing to this 2 week tolling period. SO ORDERED., Vincent Corso answer due 1/16/2019; Blue WP, Inc. answer due 1/16/2019; Grace DiFeo answer due 1/16/2019; Sandy DiFeo answer due 1/16/2019; Angelo Difeo answer due 1/16/2019; WP Burger II, Inc. answer due 1/16/2019; WP Burger III, Inc. answer due 1/16/2019; WP Burger V, Inc. answer due 1/16/2019; WP Burger, Inc. answer due 1/16/2019. (Signed by Judge Vincent L. Briccetti on 1/3/2019) (rj)
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| Filing 34 PROPOSED STIPULATION AND ORDER. Document filed by Jesus Rios Lopez, Jose Alberto Rios Lopez. (Castillo, Alexis) |
| Filing 33 SUMMONS RETURNED EXECUTED. WP Burger II, Inc. served on 12/20/2018, answer due 1/10/2019. Service was accepted by Nancy Dougherty, Agent of the Secretary of State, of the State of New York. Document filed by Jesus Rios Lopez; Jose Alberto Rios Lopez. (Rudich, Fran) |
| Filing 32 SUMMONS RETURNED EXECUTED. Vincent Corso served on 12/14/2018, answer due 1/4/2019. Service was accepted by Jane Doe. Service was made by Mail. Document filed by Jesus Rios Lopez; Jose Alberto Rios Lopez. (Rudich, Fran) |
| Filing 31 SUMMONS RETURNED EXECUTED. WP Burger III, Inc. served on 12/14/2018, answer due 1/4/2019. Service was accepted by Eliyyas Northern. Document filed by Jesus Rios Lopez; Jose Alberto Rios Lopez. (Rudich, Fran) |
| Filing 30 SUMMONS RETURNED EXECUTED. WP Burger V, Inc. served on 12/13/2018, answer due 1/3/2019. Service was accepted by Chris Criscoulo. Document filed by Jesus Rios Lopez; Jose Alberto Rios Lopez. (Lesser, Seth) |
| Filing 29 SUMMONS RETURNED EXECUTED. WP Burger, Inc. served on 12/12/2018, answer due 1/2/2019. Service was accepted by Nick Ciaramella. Document filed by Jesus Rios Lopez; Jose Alberto Rios Lopez. (Rudich, Fran) |
| Filing 28 SUMMONS RETURNED EXECUTED. Sandy DiFeo served on 12/12/2018, answer due 1/2/2019. Service was accepted by Sandy Difeo. Document filed by Jesus Rios Lopez; Jose Alberto Rios Lopez. (Rudich, Fran) |
| Filing 27 SUMMONS RETURNED EXECUTED. Grace DiFeo served on 12/12/2018, answer due 1/2/2019. Service was accepted by Sandy Difeo. Document filed by Jesus Rios Lopez; Jose Alberto Rios Lopez. (Rudich, Fran) |
| Filing 26 SUMMONS RETURNED EXECUTED. Blue WP, Inc. served on 12/12/2018, answer due 1/2/2019. Service was accepted by Sandy Difeo. Document filed by Jesus Rios Lopez; Jose Alberto Rios Lopez. (Rudich, Fran) |
| Filing 25 SUMMONS RETURNED EXECUTED. Angelo Difeo served on 12/12/2018, answer due 1/2/2019. Service was accepted by Nick Ciaramella. Document filed by Jesus Rios Lopez; Jose Alberto Rios Lopez. (Rudich, Fran) |
| Filing 24 ELECTRONIC SUMMONS ISSUED as to Vincent Corso. (dnh) |
| Filing 23 ELECTRONIC SUMMONS ISSUED as to Sandy DiFeo. (dnh) |
| Filing 22 ELECTRONIC SUMMONS ISSUED as to Angelo Difeo. (dnh) |
| Filing 21 ELECTRONIC SUMMONS ISSUED as to Grace DiFeo. (dnh) |
| Filing 20 ELECTRONIC SUMMONS ISSUED as to WP Burger V, Inc.. (dnh) |
| Filing 19 ELECTRONIC SUMMONS ISSUED as to WP Burger III, Inc.. (dnh) |
| Filing 18 ELECTRONIC SUMMONS ISSUED as to WP Burger II, Inc.. (dnh) |
| Filing 17 ELECTRONIC SUMMONS ISSUED as to WP Burger, Inc.. (dnh) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to Blue WP, Inc.. (dnh) |
| Filing 15 NOTICE OF APPEARANCE by Alexis Helene Castillo on behalf of Jesus Rios Lopez, Jose Alberto Rios Lopez. (Castillo, Alexis) |
| Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to Vincent Corso, re: #4 Complaint,. Document filed by Jesus Rios Lopez, Jose Alberto Rios Lopez. (Rudich, Fran) |
| Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to Sandy DiFeo, re: #4 Complaint,. Document filed by Jesus Rios Lopez, Jose Alberto Rios Lopez. (Rudich, Fran) |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to Angelo DiFeo, re: #4 Complaint,. Document filed by Jesus Rios Lopez, Jose Alberto Rios Lopez. (Rudich, Fran) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to Grace DiFeo, re: #4 Complaint,. Document filed by Jesus Rios Lopez, Jose Alberto Rios Lopez. (Rudich, Fran) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to WP Burger V, Inc. (d/b/a Westchester Burger Company in Stamford, Connecticut), re: #4 Complaint,. Document filed by Jesus Rios Lopez, Jose Alberto Rios Lopez. (Rudich, Fran) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to WP Burger III, Inc. (d/b/a Westchester Burger Company in Mt. Kisco, New York), re: #4 Complaint,. Document filed by Jesus Rios Lopez, Jose Alberto Rios Lopez. (Rudich, Fran) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to WP Burger II, Inc. (d/b/a Westchester Burger Company in Rye Brook, New York), re: #4 Complaint,. Document filed by Jesus Rios Lopez, Jose Alberto Rios Lopez. (Rudich, Fran) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to WP Burger, Inc. (d/b/a Westchester Burger Company in White Plains, New York), re: #4 Complaint,. Document filed by Jesus Rios Lopez, Jose Alberto Rios Lopez. (Rudich, Fran) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Blue WP, Inc. (d/b/a Graziellas Italian Bistro), re: #4 Complaint,. Document filed by Jesus Rios Lopez, Jose Alberto Rios Lopez. (Rudich, Fran) |
| Filing 5 CIVIL COVER SHEET filed. (Rudich, Fran) |
| Filing 4 COMPLAINT against Vincent Corso, Blue WP, Inc., Grace DiFeo, Sandy DiFeo, Angelo Difeo, WP Burger II, Inc., WP Burger III, Inc., WP Burger V, Inc., WP Burger, Inc.. Document filed by Jesus Rios Lopez, Jose Alberto Rios Lopez. (Attachments: #1 Exhibit A--Jose Alberto Rios Lopez Consent, #2 Exhibit B--Jesus Rios Lopez Consent)(Rudich, Fran) |
| Magistrate Judge Judith C. McCarthy is so designated. 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: #http://nysd.uscourts.gov/forms.php. (ma) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Fran L. Rudich to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Civil Cover Sheet 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 June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Fran L. Rudich to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the All Defendant radio button was selected; Do not use All Defendant radio button, select all parties individually as to whom the complaint is being filed against by holding the Ctrl button. 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. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Fran L. Rudich. The party information for the following party/parties has been modified: Jose Alberto Rios Lopez ; Blue WP, Inc.; WP Burger, Inc. ; WP Burger II, Inc.; WP Burger III, Inc.; WP Burger V, Inc.. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; alias party name was entered incorrectly. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (dnh) |
| Case Designated ECF. (dnh) |
| NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Unassigned is no longer assigned to the case. (ma) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Fran L. Rudich to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): Each summons request must be filed as a separate event or multiple defendants may be listed on one summons request by attaching a rider listing all parties as to whom the summons is being issued. 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. (dnh) |
| CASE DECLINED AS NOT SIMILAR. Case referred as similar to 12cv4351 and declined by Judge Cathy Seibel and returned to wheel for assignment. (ma) |
| CASE REFERRED TO Judge Cathy Seibel as possibly similar to 7:12-cv-04351-CS. (dnh) |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Blue WP, Inc. (d/b/a Graziellas Italian Bistro), WP Burger, Inc. (d/b/a Westchester Burger Company in White Plains, New York), WP Burger II, Inc. (d/b/a Westchester Burger Company in Rye Brook, New York), WP Burger III, Inc. (d/b/a Westchester Burger Company in Mount Kisco, New York), WP Burger V, Inc. (d/b/a Westchester Burger Company in Stamford, Connecticut), Grace DiFeo, Angelo DiFeo, Sandy DiFeo, and Vincent Corso, re: #1 Complaint,. Document filed by Jesus Rios Lopez, Jose Alberto Rios Lopez. (Rudich, Fran) Modified on 12/6/2018 (dnh). |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Rudich, Fran) Modified on 12/6/2018 (dnh). |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number BNYSDC-16007052)Document filed by Jesus Rios Lopez, Jose Alberto Rios Lopez. (Attachments: #1 Exhibit A-Jose Alberto Rios Lopez Consent, #2 Exhibit B-Jesus Rios Lopez Consent)(Rudich, Fran) Modified on 12/6/2018 (dnh). |
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