Gonzalez Cruz v. Kay Food Marketing Inc et al
| Omar Rodolfo Gonzalez Cruz |
| Salamon Schwartz, Kay Food Marketing Inc and Abraham Horowitz |
| 7:2020cv11123 |
| December 31, 2020 |
| US District Court for the Southern District of New York |
| Philip M Halpern |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 30, 2021. A more recent docket listing may be available from PACER.
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Filing 18
JUDGMENT: A notice of acceptance of Rule 68 Offer of Judgment having been served and filed on June 21, 2021 (ECF No. 15): ORDERED and ADJUDGED that Judgment is entered in favor of Plaintiff OMAR RODOLFO GONZALEZ CRUZ and against Defendants KAY FOOD MARKETING INC, SALAMON SCHWARTZ, AND ABRAHAM HOROWITZ in the total amount of Twelve Thousand Dollars ($12,000.00) inclusive of any attorneys' fees, expenses and costs. (Signed by Judge Philip M. Halpern on 6/30/2021) (nb) Transmission to Finance Unit (Cashiers) for processing.
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| ***NOTICE TO COURT REGARDING NOTICE OF ACCEPTANCE WITH OFFER OF JUDGMENT. Document No. #15 Notice of Acceptance with Offer of Judgment was reviewed and approved as to form. (dt) |
| ***NOTICE TO COURT REGARDING PROPOSED JUDGMENT. Document No. #17 Proposed Judgment was reviewed and approved as to form. (dt) |
| Filing 17 PROPOSED JUDGMENT. Re: Document No. #15 Notice of Acceptance with Offer of Judgment. Document filed by Omar Rodolfo Gonzalez Cruz..(Hassan, Abdul) Proposed Judgment to be reviewed by Clerk's Office staff. |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT NOTICE OF ACCEPTANCE WITH OFFER OF JUDGMENT. Notice to attorney Abdul Hassan re: Document No. #15 Notice of Acceptance with Offer of Judgment. The filing is deficient for the following reason(s): the proposed judgment was not filed; Immediately file the proposed judgment using the event type Proposed Judgment located under the event list Proposed Orders. (km) |
| Filing 15 NOTICE OF ACCEPTANCE WITH OFFER OF JUDGMENT . Document filed by Omar Rodolfo Gonzalez Cruz. (Attachments: #1 Proof of Service).(Hassan, Abdul) |
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Filing 14
ORDER granting #13 Letter Motion to Adjourn Conference. Application granted. The initial conference is rescheduled to 7/6/2021 at 3:00 p.m. to be held via telephone using the same dial-in instructions as set forth in the Notice of Initial Conference (Doc. 11). The parties are reminded to comply with the requirement in the Notice to file a proposed Civil Case Discovery Plan and Scheduling Order one week prior to the conference. The parties shall promptly advise the Court of any resolution reached prior to the date of the conference. SO ORDERED. Initial Conference set for 7/6/2021 at 03:00 PM before Judge Philip M. Halpern.. (Signed by Judge Philip M. Halpern on 6/1/2021) (nb)
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| Filing 13 LETTER MOTION to Adjourn Conference addressed to Judge Philip M. Halpern from Christopher Neff dated June 1, 2021. Document filed by Abraham Horowitz, Kay Food Marketing Inc, Salamon Schwartz..(Neff, Christopher) |
| FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 7/1/2021 at 09:30 AM through video conference. (sb) |
| ***DELETED DOCUMENT. FINAL REPORT OF MEDIATOR #4. The document was incorrectly filed in this case. (ah) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 6/7/2021.(ah) |
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Filing 12
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 5/10/2021. (Signed by Judge Philip M. Halpern on 2/19/2021) (rpr)
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| Filing 11 NOTICE OF INITIAL CONFERENCE: Initial Conference set for 6/2/2021 at 11:30 AM before Judge Philip M. Halpern, by telephone conference. At the time of the scheduled conference, all parties shall call the following number: (888) 398-2342; access code 3456831..(ks) |
| Filing 10 ANSWER to Complaint. Document filed by Abraham Horowitz, Kay Food Marketing Inc, Salamon Schwartz..(Book, Chaim) |
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Filing 9
ORDER AND STIPULATION EXTENSION OF TIME TO RESPOND TO COMPLAINT, IT IS HEREBY STIPULATED, by and between the undersigned counsel on behalf of Plaintiff OMAR RODOLFO GONZALEZ CRUZ, individually and on behalf of others similarly situated and Defendants KAY FOOD MARKETING, INC., SALAMON SCHWARTZ and ABRAHAM HOROWITZ, individually ("Defendants"), that the deadline to Answer, move or otherwise respond to the Complaint for Defendants in the above-referenced action shall be further extended through and including April 23, 2021. SO ORDERED. (Abraham Horowitz answer due 4/23/2021; Kay Food Marketing Inc answer due 4/23/2021; Salamon Schwartz answer due 4/23/2021.) (Signed by Judge Philip M. Halpern on 3/31/21) (yv)
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| Filing 8 PROPOSED STIPULATION AND ORDER. Document filed by Abraham Horowitz, Kay Food Marketing Inc, Salamon Schwartz..(Book, Chaim) |
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Filing 7
ORDER AND STIPULATION EXTENSION OF TIME TO RESPOND TO COMPLAINT: IT IS HEREBY STIPULATED, by and between the undersigned counsel on behalf of Plaintiff OMAR RODOLFO GONZALEZ CRUZ, individually and on behalf of others similarly situated and Defendants KAY FOOD MARKETING, INC., SALAMON SCHWARTZ and ABRAHAM HOROWITZ, individually ("Defendants"), that the deadline to Answer, move or otherwise respond to the Complaint for Defendants in the above-referenced action shall be extended through and including April 1, 2021. IT IS HEREBY FURTHER STIPULATED, by and between the undersigned counsel that Defendants KAY FOOD MARKETING, INC., SALAMON SCHWARTZ and ABRAHAM HOROWITZ, individually ("Defendants"), waive any and all defenses as to insufficient service of process and lack of personal jurisdiction. SO ORDERED. (Signed by Judge Philip M. Halpern on 3/5/2021) Abraham Horowitz answer due 4/1/2021; Kay Food Marketing Inc answer due 4/1/2021; Salamon Schwartz answer due 4/1/2021. (ks)
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| Filing 6 PROPOSED STIPULATION AND ORDER. Document filed by Abraham Horowitz, Kay Food Marketing Inc, Salamon Schwartz..(Book, Chaim) |
| Filing 5 SUMMONS RETURNED EXECUTED. Abraham Horowitz served on 2/8/2021, answer due 3/1/2021. Service was accepted by Sarah Horowitz, wife. Document filed by Omar Rodolfo Gonzalez Cruz..(Hassan, Abdul) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Abraham Horowitz, Kay Food Marketing Inc, Salamon Schwartz. (sj) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Abdul Karim Hassan. The following case opening statistical information was erroneously selected/entered: Cause of Action code 29:0201. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:0216. (sj) |
| Magistrate Judge Paul E. Davison 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. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Philip M. Halpern. 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..(sj) |
| Case Designated ECF. (sj) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Kay Food Marketing Inc, Salamon Schwartz, and Abraham Horowitz, re: #1 Complaint. Document filed by Omar Rodolfo Gonzalez Cruz..(Hassan, Abdul) |
| Filing 2 CIVIL COVER SHEET filed..(Hassan, Abdul) |
| Filing 1 COMPLAINT against Abraham Horowitz, Kay Food Marketing Inc, Salamon Schwartz. (Filing Fee $ 402.00, Receipt Number ANYSDC-23297261)Document filed by Omar Rodolfo Gonzalez Cruz..(Hassan, Abdul) |
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