Scalia v. Lalaja, Inc., et al.
| Secretary of Labor Eugene Scalia and Eugene Scalia |
| Lalaja, Inc. dba Cerro Grande Mexican Restaurant, Jose Arturo Gasca, and Maria Gasca, Jose Arturo Gasca, Maria Gasca and Lalaja, Inc. d/b/a Cerro Grande Mexican Restaurant |
| 4:2020cv00189 |
| October 7, 2020 |
| US District Court for the Eastern District of North Carolina |
| Louise Wood Flanagan |
| Richard E Myers |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| None |
Docket Report
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TEXT ORDER - Responses having been made to the court's November 19, 2020, order, the court directs the clerk to terminate that motion to dismiss (DE #5 ). The court sets aside its stay, with answer or other response due in the regular course before any scheduling activities come into effect. Entered by District Judge Louise Wood Flanagan on 11/30/2020. (Herrmann, L.)
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Filing 19
RESPONSE to Order regarding Text Order, filed by Jose Arturo Gasca, Maria Gasca, Lalaja, Inc.. (Wright, Julian)
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TEXT ORDER re defendants' motion to dismiss (DE #5 ): where plaintiff has filed proof of service on defendants of corrected summonses, defendants are DIRECTED to show cause, on or before November 25, 2020, why the instant motion should not be denied as moot, and stay imposed October 30, 2020, should not be lifted. In the event defendants do not respond to this order by the date specified, the clerk shall, without further order of the court terminate the instant motion on the basis of this order, and lift the stay imposed October 30, 2020. Entered by District Judge Louise Wood Flanagan on 11/19/2020. (Herrmann, L.)
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Filing 18
RESPONSE to Order Delaying Scheduling Conference Activities filed by Eugene Scalia. (Attachments: #1 Certificate of Service) (Edmondson-Cooper, Jana)
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Filing 17
RESPONSE to Motion regarding #5 MOTION to Dismiss [insufficient process, insufficient service of process and lack of personal jurisdiction] filed by Eugene Scalia. (Attachments: #1 Declaration of Jana J. Edmondson-Cooper, #2 Certificate of Service) (Edmondson-Cooper, Jana)
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Filing 16
Affidavit of Service for Summons and Complaint and Notice of Appearance filed by Eugene Scalia served on Defendants on 11/09/2020. (Attachments: #1 Proof of Service, #2 Certificate of Service) (Edmondson-Cooper, Jana)
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NOTICE OF DEFICIENCY regarding #15 Response, #14 Response to Motion - Pursuant to Local Criminal Rule 10.1, all pleadings, motions, discovery procedures, memoranda and other papers filed must be double-spaced. Counsel is directed to refile. (Tripp, S.)
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NOTICE OF DEFICIENCY regarding #13 Notice - other - Counsel is directed to refile using the "Affidavit of Service" event with captioned pleading entitled as such and attach the proof of service documents. (Tripp, S.)
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Filing 15
DISREGARD - Refiled at #18 . RESPONSE to Order Delaying Scheduling Conference Activities filed by Eugene Scalia. (Attachments: #1 Certificate of Service) (Edmondson-Cooper, Jana) Modified on 11/16/2020. (Herrmann, L.)
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Filing 14
DISREGARD - Refiled at #17 . RESPONSE to Motion regarding #5 MOTION to Dismiss [insufficient process, insufficient service of process and lack of personal jurisdiction] filed by Eugene Scalia. (Attachments: #1 Declaration of Jana J. Edmondson-Cooper, #2 Certificate of Service) (Edmondson-Cooper, Jana) Modified on 11/16/2020. (Herrmann, L.)
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Filing 13
DISREGARD - Refiled at #16 . Notice filed by Eugene Scalia Proofs of Service. (Edmondson-Cooper, Jana) Modified on 11/16/2020 .(Herrmann, L.)
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Filing 12
Summonses Issued as to Jose Arturo Gasca, Maria Gasca, Lalaja, Inc. *NOTICE: Counsel shall print the attached summonses and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.* (Tripp, S.)
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Filing 11
Notice filed by Eugene Scalia Proposed Summonses. (Edmondson-Cooper, Jana)
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Filing 10
*DISREGARD: FILED IN ERROR* COMPLAINT against All Defendants, filed by Eugene Scalia. (Attachments: #1 Appendix A, #2 Notice of Appearance, #3 Proposed Summons Lalaja, Inc. dba Cerro Grande, #4 Proposed Summons Jose Garcia, #5 Proposed Summons Maria Garcia) (Edmondson-Cooper, Jana) Modified on 11/4/2020 (Tripp, S.).
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TEXT ORDER - Ordinarily at this juncture the court would trigger the parties' scheduling conference activities, and deadline for provision of their joint report and plan through issuance of initial order regarding planning and scheduling. Where defendants have filed a motion to dismiss, good cause appears to delay these activities. Unless a party raises objection in filing due within 14 days from this date, the court stays the parties' scheduling conference activities pending decision on motion filed October 28, 2020. Signed by District Judge Louise Wood Flanagan on 10/30/2020. (Tripp, S.)
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Filing 9
Financial Disclosure Statement by Maria Gasca (Wright, Julian)
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Filing 8
Financial Disclosure Statement by Jose Arturo Gasca (Wright, Julian)
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Filing 7
Financial Disclosure Statement by Lalaja, Inc. (Wright, Julian)
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Filing 6
Memorandum in Support regarding #5 MOTION to Dismiss [insufficient process, insufficient service of process and lack of personal jurisdiction] filed by Jose Arturo Gasca, Maria Gasca, Lalaja, Inc.. (Attachments: #1 Wright Dec., #2 A. Gasca Dec., #3 M. Gasca Dec.) (Wright, Julian)
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Filing 5
MOTION to Dismiss [insufficient process, insufficient service of process and lack of personal jurisdiction] filed by Jose Arturo Gasca, Maria Gasca, Lalaja, Inc.. (Wright, Julian)
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Filing 4
Notice of Appearance filed by Brendan P. Biffany on behalf of Jose Arturo Gasca, Maria Gasca, Lalaja, Inc.. (Biffany, Brendan)
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Filing 3
Notice of Appearance filed by Julian H. Wright, Jr on behalf of Jose Arturo Gasca, Maria Gasca, Lalaja, Inc.. (Wright, Julian)
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Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Collins, S.)
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TEXT ORDER REASSIGNING CASE. At the direction of the Court, this case is reassigned to United States District Judge Louise Wood Flanagan for all further proceedings. United States District Judge Richard E. Myers II is no longer assigned to the case. All future filings should reflect the revised case number of 4:20-CV-189-FL. Signed by Peter A. Moore, Jr., Clerk of Court on 10/9/2020. (Hockaday, A.)
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Filing 2
Summons Issued as to all defendants. *NOTICE: Counsel shall print the attached summonses and serve with other case opening documents in accordance with Fed.R.Civ.P.4.* (Waddell, K.)
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Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Waddell, K.)
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NOTICE OF CORRECTION regarding: #1 -3 Proposed Summons. Pursuant to Fed.R.Civ.P. Rule 4(b), a separate summons is required for each named defendant. No action is required at this time; however, in future filings, counsel should provide a separate summons for each named defendant. The deputy clerk has issued a summons for each individual defendant. (Waddell, K.)
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Filing 1
COMPLAINT against All Defendants, filed by Eugene Scalia. (Attachments: #1 Appendix, #2 Civil Cover Sheet, #3 Proposed Summons, #4 Notice of Appearance, #5 Certificate of Service) (Edmondson-Cooper, Jana)
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