Ruiz v. Capri II Pizza, Inc. et al
| Bryan Ruiz and Edilberto Castillo-Mendez |
| Capri II Pizza, Inc., Giulio Divito, Christopher Divito and Mario Reyes |
| 7:2024cv01536 |
| February 29, 2024 |
| US District Court for the Southern District of New York |
| Kenneth M Karas |
| 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 April 26, 2024. A more recent docket listing may be available from PACER.
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Filing 16
STIPULATION, IT IS HEREBY STIPULATED AND AGREED, by and between the undersignedattorneys for the parties, as follows: 1. Plaintiff may file an Amended Complaint on or before April 26, 2024. 2. Defendants agree to accept service of the Amended Complaint in this action via email to its counsel at rhaskell@workingsolutionsnyc.com. 3. Defendants agree to waive all defenses based on failure to serve process. 4. Defendants may file an answer or motion in response to the Amended Complainton or before May 27, 2024. SO ORDERED. (All Defendants.)( Amended Pleadings due by 4/26/2024., Motions due by 5/27/2024.) (Signed by Judge Kenneth M. Karas on 4/26/24) (yv)
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| Filing 15 AMENDED COMPLAINT amending #1 Complaint against Capri II Pizza, Inc., Christopher Divito, Giulio Divito with JURY DEMAND.Document filed by Bryan Ruiz, Edilberto Castillo-Mendez. Related document: #1 Complaint..(Gangat, Mohammed) |
| Filing 14 PROPOSED STIPULATION AND ORDER. Document filed by Bryan Ruiz..(Gangat, Mohammed) |
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Filing 13
ORDER granting #12 Letter Motion for Extension of Time to Answer re #12 LETTER MOTION for Extension of Time to File Answer addressed to Judge Kenneth M. Karas from Rachel Haskell, Esq. dated March 26, 2024., #1 Complaint. Granted. So Ordered.. (Signed by Judge Kenneth M. Karas on 3/26/24) (yv)
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| Filing 12 LETTER MOTION for Extension of Time to File Answer addressed to Judge Kenneth M. Karas from Rachel Haskell, Esq. dated March 26, 2024. Document filed by Capri II Pizza, Inc., Christopher Divito, Giulio Divito..(Haskell, Rachel) |
| Filing 11 NOTICE OF APPEARANCE by Rachel Meredith Haskell on behalf of Capri II Pizza, Inc., Christopher Divito, Giulio Divito..(Haskell, Rachel) |
| Filing 10 SUMMONS RETURNED EXECUTED Summons and Complaint served. Capri II Pizza, Inc. served on 3/20/2024, answer due 4/10/2024. Service was accepted by Nancy Dougherty, Authorized Agent in Office of Secretary of State, State of New York. Document filed by Bryan Ruiz..(Gangat, Mohammed) |
| Filing 9 SUMMONS RETURNED EXECUTED Summons and Complaint served. Christopher Divito served on 3/11/2024, answer due 4/1/2024. Service was accepted by Mrs. Divito, Mother. Document filed by Bryan Ruiz..(Gangat, Mohammed) |
| Filing 8 SUMMONS RETURNED EXECUTED Summons and Complaint served. Giulio Divito served on 3/11/2024, answer due 4/1/2024. Service was accepted by Mrs. Divito, Mother. Document filed by Bryan Ruiz..(Gangat, Mohammed) |
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Filing 7
NOTICE OF VOLUNTARY DISMISSAL. NOW, PLEASE TAKE NOTICE, pursuant to Federal Rules of Civil Procedure 41 (a)(l )(A)(i), this action is dismissed against defendant Mario Reyes. This notice is being served on all parties to this action. SO ORDERED., Mario Reyes terminated. (Signed by Judge Kenneth M. Karas on 3/12/24) (yv)
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| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #5 Notice of Voluntary Dismissal, was reviewed and referred to Judge Kenneth M. Karas for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety; the plaintiff(s) filed their voluntary dismissal in a Fair Labor Standards Act (FLSA) case. (tp) |
| Filing 6 AFFIDAVIT OF SERVICE of Notice of Dismissal served on Defendants on March 11, 2024. Service was made by Mail. Document filed by Bryan Ruiz..(Gangat, Mohammed) |
| Filing 5 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Mario Reyes. Document filed by Bryan Ruiz. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Gangat, Mohammed) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Capri II Pizza, Inc., Christopher Divito, Giulio Divito, Mario Reyes. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Kenneth M. Karas. 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 Victoria Reznik 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. (vf) |
| Case Designated ECF. (vf) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to CAPRI II PIZZA, INC., GIULIO DIVITO, CHRISTOPHER DIVITO, and MARIO REYES, re: #1 Complaint. Document filed by Bryan Ruiz..(Gangat, Mohammed) |
| Filing 2 CIVIL COVER SHEET filed..(Gangat, Mohammed) |
| Filing 1 COMPLAINT against Capri II Pizza, Inc., Christopher Divito, Giulio Divito, Mario Reyes. (Filing Fee $ 405.00, Receipt Number ANYSDC-29012998)Document filed by Bryan Ruiz..(Gangat, Mohammed) |
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