Barcia v. Uncle G's Management Corp. et al
| Thomas Barcia |
| UNCLE G'S MANAGEMENT CORP., Phillip Delprete, Uncle G's Management Corp doing business as Uncle Giuseppes and Philip Delprete |
| 7:2023cv08686 |
| October 3, 2023 |
| US District Court for the Southern District of New York |
| Philip M Halpern |
| Civil Rights: Other |
| 29 U.S.C. § 2617 Family and Medical Leave Act of 1993 |
| Plaintiff |
Docket Report
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Filing 16
SCHEDULING ORDER: A conference is hereby scheduled for Monday, January 8, 2024 at 2:00 p.m. before Magistrate Judge Krause. The purpose of this conference will be to discuss scheduling a settlement conference in this matter. This conference is to be attended by counsel only; parties themselves are not required to attend. The conference will take place via Microsoft Teams. Prior to the conference, counsel will receive emails containing links and instructions for accessing the conference. (HEREBY ORDERED by Magistrate Judge Andrew E. Krause) (Text Only Order) (md)
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Filing 15
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Andrew E. Krause. SO ORDERED. (Signed by Judge Philip M. Halpern on 11/21/2023) (jca)
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| Minute Entry for proceedings held before Judge Philip M. Halpern: Pre-Motion Telephone Conference held on 11/21/2023. Counsel for all parties appeared by telephone. Defendants intend to file an Answer to the Complaint. Defendants' time to file an Answer to the Complaint is extended from 12/7/2023 to 12/21/2023. The Court will separately schedule an Initial Pre-Trial Conference. Order of Reference to Magistrate Judge for settlement will be separately docketed. (Court Reporter AT&T teleconference) (mf) |
| Filing 14 AFFIDAVIT OF SERVICE of Summons and Complaint. Uncle G's Management Corp served on 11/16/2023, answer due 12/7/2023. Service was accepted by Nancy Dougherty- Authorized agent. Document filed by Thomas Barcia..(El-Hag, Jordan) |
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Filing 13
ORDER granting #9 Letter Motion for Conference re: #9 FIRST LETTER MOTION for Conference addressed to Judge Philip M. Halpern from Patrick V. DeIorio dated 10-19-2023. Defendants' application for a pre-motion conference on their anticipated motion to dismiss is granted. The Court shall hold the pre-motion conference on November 21, 2023 at 10:00 a.m. At the time of the scheduled conference, all parties shall call the following number: (888) 398-2342; access code 3456831. SO ORDERED. Telephone Conference set for 11/21/2023 at 10:00 AM before Judge Philip M. Halpern.. (Signed by Judge Philip M. Halpern on 11/7/2023) (jca)
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| Filing 12 LETTER RESPONSE to Motion addressed to Judge Philip M. Halpern from Dylan J. Wiley dated 11/06/2023 re: #9 FIRST LETTER MOTION for Conference addressed to Judge Philip M. Halpern from Patrick V. DeIorio dated 10-19-2023. Letter Motion Response. Document filed by Thomas Barcia. (Attachments: #1 Exhibit Barcia E-mail complaining about retaliation).(Wiley, Dylan) |
| Filing 11 NOTICE OF APPEARANCE by Dylan James Wiley on behalf of Thomas Barcia..(Wiley, Dylan) |
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Filing 10
ORDER with respect to #9 Letter Motion for Conference re: #9 FIRST LETTER MOTION for Conference addressed to Judge Philip M. Halpern from Patrick V. DeIorio dated 10-19-2023. Plaintiff is directed to file a response to Defendants' October 20, 2023 letter (Doc. 9) requesting a pre-motion conference regarding their anticipated motion to dismiss by November 6, 2023. SO ORDERED.. (Signed by Judge Philip M. Halpern on 10/30/2023) (jca)
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| Set/Reset Deadlines: Responses due by 11/6/2023 (jca) |
| Filing 9 FIRST LETTER MOTION for Conference addressed to Judge Philip M. Halpern from Patrick V. DeIorio dated 10-19-2023. Document filed by Philip Delprete, Uncle G's Management Corp. (Attachments: #1 Exhibit First Ltr to Plaintiff).(Deiorio, Patrick) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Philip Delprete, Uncle G's Management Corp. (sj) |
| Filing 7 NOTICE OF APPEARANCE by Donna Marie Mulato on behalf of Phillip Delprete, Uncle G's Management Corp..(Mulato, Donna) |
| Filing 6 NOTICE OF APPEARANCE by Patrick V. Deiorio on behalf of Phillip Delprete, Uncle G's Management Corp..(Deiorio, Patrick) |
| Filing 5 NOTICE OF APPEARANCE by Patrick V. Deiorio on behalf of Phillip Delprete, Uncle G's Management Corp..(Deiorio, Patrick) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to UNCLE G'S MANAGEMENT CORP. d.b.a. UNCLE GIUSEPPE'S, and PHILIP DELPRETE, re: #1 Complaint. Document filed by Thomas Barcia..(El-Hag, Jordan) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jordan Alexander El-Hag. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 751 (Labor: Family and Medical Leave Act); Jury Demand code n (None); County code Albany. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 440 (Civil Rights: Other); the Jury Demand code has been modified to p (Plaintiff); the County code has been modified to Westchester. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jordan Alexander El-Hag. The party information for the following party/parties has been modified: UNCLE G'S MANAGEMENT CORP. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; alias party name was omitted. (vf) |
| 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..(vf) |
| Magistrate Judge Andrew E. Krause 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. (vf) |
| Case Designated ECF. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jordan Alexander El-Hag to RE-FILE Document No. The filing is deficient for the following reason(s): Docket Entry Error. Enter the party names as to whom summons is issued for when prompted in ECF. 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) |
| Filing 3 CIVIL COVER SHEET filed..(El-Hag, Jordan) |
| Filing 2 FILING ERROR - DEFICIENT - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to, re: #1 Complaint. Document filed by Thomas Barcia..(El-Hag, Jordan) Modified on 10/4/2023 (vf). |
| Filing 1 COMPLAINT against Phillip Delprete, UNCLE G'S MANAGEMENT CORP.. (Filing Fee $ 402.00, Receipt Number CNYSDC-28375179)Document filed by Thomas Barcia..(El-Hag, Jordan) |
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