Medina Baca et al v. NB General Construction Corp. et al
| Leoncio Torres, Angel Fernando Gonzalez and Stalin Medina Baca |
| Byron Abzun and NB General Construction Corp. |
| 7:2020cv04701 |
| June 18, 2020 |
| US District Court for the Southern District of New York |
| Cathy Seibel |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| None |
Docket Report
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This docket was last retrieved on December 10, 2020. A more recent docket listing may be available from PACER.
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| Minute Entry for proceedings held before Judge Cathy Seibel: Show Cause Hearing held on 12/10/2020. Plaintiffs' counsel David Stein, Esq. appears telephonically. Law Clerk Jennifer Butwin appears telephonically. Defendant(s) did not appear. The Court signs the Default Judgment in favor of Plaintiff(s). See transcript. (Court Reporter Pamela Grimaldi) (wc) |
Filing 18
DEFAULT JUDGMENT: ORDERED, ADJUDGED AND DECREED: That plaintiff Medina Baca have judgment against defendant NB General Construction Corp. in the liquidated amount of $79,354.05, that plaintiff Torres have judgment against defendant NB General Construction Corp. in the liquidated amount of $107,083.21, that plaintiff Gonzalez have judgment against defendant NB General Construction Corp. in the liquidated amount of $85,477.88, plus attorneys' fees, costs and disbursements of this action in the amount of $4817.20, amounting in all to $276,732.34. (Signed by Judge Cathy Seibel on 12/10/2020) (mml)
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| Filing 17 CERTIFICATE OF SERVICE of Plaintiffs' Motion for Default Judgment and Supporting Papers, As Well As the Court's November 12, 2020, Order served on Defendant NB General Construction Corp. on November 19, 2020. Service was made by Mail. Document filed by Angel Fernando Gonzalez(on behalf of all other persons similarly situated), Angel Fernando Gonzalez(on behalf of himself), Stalin Medina Baca(on behalf of all other persons similarly situated), Stalin Medina Baca(on behalf of himself), Leoncio Torres(on behalf of himself), Leoncio Torres(on behalf of all other persons similarly situated)..(Stein, David) |
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Filing 16
ORDER: Pursuant to my Emergency Individual Rules and Practices in Light of COVID-19, last revised September 1, 2020, all parties to civil conferences shall attend by phone, using the following information: Toll-Free Number: (877) 336-1839 Access Code: 1047966. The parties should call in from a landline, announce their names before speaking, and mute their lines when not speaking. This Order is subject to revocation at any time. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. SO ORDERED. (Signed by Judge Cathy Seibel on 11/17/2020) (mml)
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Filing 15
ORDER TO SHOW CAUSE: Defendant NB General Construction Corp. shall show cause as to why an order for default judgment should not be entered against defendant NB General Construction Corp. for failing to defend this case. Show Cause Hearing set for 12/10/2020 at 10:00 AM in Courtroom 621, 300 Quarropas Street, White Plains, NY 10601 before Judge Cathy Seibel. Show Cause Response due by 12/3/2020.ORDERED that Plaintiffs shall serve a copy of this order, together with Plaintiffs' supporting affidavit and exhibits on defendant NB General Construction Corp. on or before 5:00 p.m. on November 19, 2020. The defendant NB General Construction Corp. is advised that failure to respond to the Order to Show Cause may be grounds for granting a default judgment against it, in which event the defendant NB General Construction Corp. will have no trial. The plaintiffs shall file proof of service of this Order to Show Cause by December 3, 2020. (Signed by Judge Cathy Seibel on 11/12/2020) (mml)
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| ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #13 Proposed Default Judgment was reviewed and approved as to form. (dt) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #12 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (dt) |
| Filing 14 DECLARATION of David Stein, Esq. in Support re: #13 Proposed Default Judgment,, #12 Proposed Order to Show Cause Without Emergency Relief,,. Document filed by Angel Fernando Gonzalez(on behalf of all other persons similarly situated), Angel Fernando Gonzalez(on behalf of himself), Stalin Medina Baca(on behalf of all other persons similarly situated), Stalin Medina Baca(on behalf of himself), Leoncio Torres(on behalf of himself), Leoncio Torres(on behalf of all other persons similarly situated). (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Affidavit of Service, #3 Exhibit C - Clerk's Certificate of Default, #4 Exhibit D - Declaration of Plaintiff Medina Baca, #5 Exhibit E - Declaration of Plaintiff Torres, #6 Exhibit F - Declaration of Plaintiff Gonzalez, #7 Exhibit G - Medina Baca damages spreadsheets, #8 Exhibit H - Torres damages spreadsheets, #9 Exhibit I - Gonzalez damages spreadsheets, #10 Exhibit J - Attorney Time Records, #11 Exhibit K - Expense Records).(Stein, David) |
| Filing 13 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Angel Fernando Gonzalez(on behalf of all other persons similarly situated), Angel Fernando Gonzalez(on behalf of himself), Stalin Medina Baca(on behalf of all other persons similarly situated), Stalin Medina Baca(on behalf of himself), Leoncio Torres(on behalf of himself), Leoncio Torres(on behalf of all other persons similarly situated)..(Stein, David) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| Filing 12 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Angel Fernando Gonzalez(on behalf of all other persons similarly situated), Angel Fernando Gonzalez(on behalf of himself), Stalin Medina Baca(on behalf of all other persons similarly situated), Stalin Medina Baca(on behalf of himself), Leoncio Torres(on behalf of himself), Leoncio Torres(on behalf of all other persons similarly situated)..(Stein, David) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 11 CLERK'S CERTIFICATE OF DEFAULT as to NB General Construction Corp.(km) |
| Filing 10 AFFIDAVIT of David Stein, Esq. in Support re: #8 Proposed Clerk's Certificate of Default,,. Document filed by Angel Fernando Gonzalez(on behalf of all other persons similarly situated), Angel Fernando Gonzalez(on behalf of himself), Stalin Medina Baca(on behalf of all other persons similarly situated), Stalin Medina Baca(on behalf of himself), Leoncio Torres(on behalf of himself), Leoncio Torres(on behalf of all other persons similarly situated)..(Stein, David) |
| Filing 9 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - AFFIDAVIT of David Stein, Esq. in Support re: #8 Proposed Clerk's Certificate of Default,,. Document filed by Angel Fernando Gonzalez(on behalf of all other persons similarly situated), Angel Fernando Gonzalez(on behalf of himself), Stalin Medina Baca(on behalf of all other persons similarly situated), Stalin Medina Baca(on behalf of himself), Leoncio Torres(on behalf of himself), Leoncio Torres(on behalf of all other persons similarly situated)..(Stein, David) Modified on 9/24/2020 (km). |
| Filing 8 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Angel Fernando Gonzalez(on behalf of all other persons similarly situated), Angel Fernando Gonzalez(on behalf of himself), Stalin Medina Baca(on behalf of all other persons similarly situated), Stalin Medina Baca(on behalf of himself), Leoncio Torres(on behalf of himself), Leoncio Torres(on behalf of all other persons similarly situated)..(Stein, David) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Notice to Attorney David Stein to RE-FILE Document #9 Affidavit in Support. The document that was filed is not an affidavit in support of the clerk's certificate. (km) |
| Filing 7 SUMMONS RETURNED EXECUTED. NB General Construction Corp. served on 7/9/2020, answer due 7/30/2020. Service was accepted by Amy Lesch, Legal Clerk in the Office of the NYS Secretary of State. Document filed by Angel Fernando Gonzalez(on behalf of all other persons similarly situated); Leoncio Torres(on behalf of all other persons similarly situated); Stalin Medina Baca(on behalf of himself); Leoncio Torres(on behalf of himself); Stalin Medina Baca(on behalf of all other persons similarly situated); Angel Fernando Gonzalez(on behalf of himself)..(Stein, David) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Byron Abzun..(pc) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to NB General Construction Corp...(pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David Stein. The party information for the following party/parties has been modified: Angel Fernando Gonzalez(on behalf of himself and all other persons similarly situated), Leoncio Torres(on behalf of himself and all other persons similarly situated), Stalin Medina Baca, Leoncio Torres, Stalin Medina Baca(on behalf of himself and all other persons similarly situated), Angel Fernando Gonzalez.. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Cathy Seibel. 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..(pc) |
| Case Designated ECF. (pc) |
| 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Byron Abzun, re: #1 Complaint,. Document filed by Angel Fernando Gonzalez(on behalf of himself and all other persons similarly situated), Angel Fernando Gonzalez, Stalin Medina Baca(on behalf of himself and all other persons similarly situated), Stalin Medina Baca, Leoncio Torres, Leoncio Torres(on behalf of himself and all other persons similarly situated)..(Stein, David) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to NB General Construction Corp., re: #1 Complaint,. Document filed by Angel Fernando Gonzalez(on behalf of himself and all other persons similarly situated), Angel Fernando Gonzalez, Stalin Medina Baca(on behalf of himself and all other persons similarly situated), Stalin Medina Baca, Leoncio Torres, Leoncio Torres(on behalf of himself and all other persons similarly situated)..(Stein, David) |
| Filing 2 CIVIL COVER SHEET filed..(Stein, David) |
| Filing 1 COMPLAINT against Byron Abzun, NB General Construction Corp.. (Filing Fee $ 400.00, Receipt Number ANYSDC-20323475)Document filed by Angel Fernando Gonzalez(on behalf of himself and all other persons similarly situated), Leoncio Torres(on behalf of himself and all other persons similarly situated), Stalin Medina Baca, Leoncio Torres, Stalin Medina Baca(on behalf of himself and all other persons similarly situated), Angel Fernando Gonzalez..(Stein, David) |
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