Garcia et al v. New Land Contracting, Inc. et al
| New York Southern District Court | |
| Judge: | Debra C Freeman |
| Case #: | 1:16-cv-01505 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:216(b) FLSA: Minimum wage or overtime compensation |
| Case Filed: | Feb 26, 2016 |
| Terminated: | Nov 01, 2018 |
| Last checked: Wednesday Aug 24, 2016 5:26 AM EDT |
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Defendant
Ferrit Cami
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Represented By
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Defendant
Imer Cami
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Represented By
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Defendant
Larry Cami
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Represented By
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Defendant
IFM Contracting Inc.
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Represented By
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Defendant
New Land Contracting, Inc.
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Represented By
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Plaintiff
Erik H. Garcia
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Represented By
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Plaintiff
Enrique Hernandez
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Represented By
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| Docket last updated: 05/16/2025 11:59 PM EDT |
| Thursday, November 01, 2018 | ||
| 35 | 35
order
Stipulation and Order of Dismissal
Fri 11/02 12:35 PM
STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED and agreed, by and between the undersigned attorneys for the parties, that the Complaint and any and all claims that were or could have been asserted in this action against Defendants are hereby dismissed in their entirety, with prejudice, and with each party to bear its own costs, expenses, disbursements, and attorneys' fees. (The Clerk of the Court is directed to close this case on the Docket of the Court.) SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 11/1/2018) (rj) |
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| Tuesday, October 30, 2018 | ||
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misc
Notice to Court Regarding Voluntary Dismissal
Tue 10/30 8:30 AM
***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. 34 Stipulation of Voluntary Dismissal was reviewed and referred to Magistrate Judge Debra C. Freeman for approval for the following reason(s): the stipulation of dismissal is not pursuant to F.R.C.P. 41(a)(1)(A)(ii). (dt) |
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| Monday, October 29, 2018 | ||
| 34 | 34
misc
Stipulation of Voluntary Dismissal
Mon 10/29 5:57 PM
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Defendants and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Enrique Hernandez(on behalf of others similarly situated), Erik H. Garcia(individually), Enrique Hernandez(individually), Erik H. Garcia(on behalf of others similarly situated). Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). .(Androphy, Joshua) |
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| Friday, May 05, 2017 | ||
| 33 | 33
notice
Notice of Change of Address
Fri 05/05 12:55 PM
NOTICE OF CHANGE OF ADDRESS by Michael Antonio Faillace on behalf of Erik H. Garcia(individually), Erik H. Garcia(on behalf of others similarly situated), Enrique Hernandez(on behalf of others similarly situated), Enrique Hernandez(individually). New Address: Michael Faillace & Associates, PC, 60 east 42nd Street, Suite 4510, New York, NY, United States 10165, 2123171200. (Faillace, Michael) |
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| 32 | 32
notice
Notice of Change of Address
Fri 05/05 12:54 PM
NOTICE OF CHANGE OF ADDRESS by Marisol Santos on behalf of Erik H. Garcia(individually), Erik H. Garcia(on behalf of others similarly situated), Enrique Hernandez(on behalf of others similarly situated), Enrique Hernandez(individually). New Address: Michael Faillace & Associates, PC, 60 east 42nd Street, Suite 4510, New York, NY, United States 10165, 2123171200. (Santos, Marisol) |
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| Friday, March 10, 2017 | ||
| 31 | 31
order
Order
Fri 03/10 10:25 AM
ORDER: The Court finds that the terms of the proposed settlement agreement are fair, reasonable, and adequate, both to redress Plaintiffs' claims in this action and to compensate Plaintiffs' counsel for their legal fees, and the agreement is therefore approved, except that, on the parties' consent, paragraph 6 ("Release and Covenant Not to Sue") shall be considered stricken, and replaced with the following language: Plaintiffs hereby irrevocably release and forever discharge Defendants, and any of their affiliates, parent organizations, subsidiaries, directors, managers, employees, agents, representatives, former employees, predecessors, successors, assigns, agents, representatives, descendants, dependents, heirs, executors, administrators, and assigns, from any and all charges, complaints, claims, and liabilities, that were or could have been raised in this action. Nothing in this Agreement shall operate to preclude Plaintiffs from enforcing, or shall adversely affect their rights or abilities to enforce this Agreement. Defendants release and discharge Plaintiffs from any and all charges, complaints, claims, and liabilities, that were or could have been raised in this action. The Court notes that this Order does not incorporate the terms of the parties' proposed agreement. Further, the settlement agreement does not recite that this Court will retain jurisdiction to enforce its terms, and this Court has made no independent determination to retain jurisdiction. Accordingly, nothing in this Court's approval of the settlement under Cheeks should be construed as such a determination. See Hendrickson v. United States, 791 F.3d 354, 359-60 (2d Cir. 2015) (finding that a federal court will retain ancillary jurisdiction to enforce a settlement only where it has (1) expressly retained jurisdiction over enforcement of the agreement, or (2) incorporated the terms of the parties' settlement agreement in a court order); see also Mao v. Mee Chi Corp., No. 15cv1799 JCF), 2016 WL 6754342, at *1 (S.D.N.Y. F eh. 11, 2016) (finding no retention of jurisdiction in the context of judicial approval of an FLSA settlement, on the ground that "[i]t is not enough that the court somehow have given the settlement its 'judicial imprimatur'" (citing Hendrickson, 791 F.3d at 358-59)). By their initial letter, Plaintiffs have requested that this Court approve the settlement, and dismiss the case with prejudice only after Plaintiffs have filed a stipulation of dismissal with the Court. (See Dkt. 29, at 1.) Accordingly, Plaintiffs are hereby directed to submit a stipulation of dismissal, in accordance with the terms of the settlement agreement, as modified herein. (Signed by Magistrate Judge Debra C. Freeman on 3/10/207) (mro) |
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| Monday, February 06, 2017 | ||
| 30 | 30
misc
Letter
Mon 02/06 11:21 AM
LETTER addressed to Magistrate Judge Debra C. Freeman from Marisol Santos dated 2/6/17 re: proposed changes to release. Document filed by Erik H. Garcia(individually), Erik H. Garcia(on behalf of others similarly situated), Enrique Hernandez(on behalf of others similarly situated), Enrique Hernandez(individually).(Santos, Marisol) |
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| Wednesday, December 14, 2016 | ||
| 29 | 29
misc
Settlement Agreement
Wed 12/14 4:33 PM
SETTLEMENT AGREEMENT & letter regarding fairness . Document filed by Erik H. Garcia(individually), Erik H. Garcia(on behalf of others similarly situated), Enrique Hernandez(on behalf of others similarly situated), Enrique Hernandez(individually).(Faillace, Michael) |
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Att: 1
Exhibit A
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| Tuesday, October 11, 2016 | ||
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minutes
Pretrial Conference - Initial
Tue 10/11 4:55 PM
Minute Entry The Pretrial Conference previously set for 10/20/2016 is adjourned sine die. (Lopez, Jose) |
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| Saturday, October 08, 2016 | ||
| 28 | 28
notice
Notice of Appearance
Sat 10/08 2:37 PM
NOTICE OF APPEARANCE by Marisol Santos on behalf of Erik H. Garcia(individually), Erik H. Garcia(on behalf of others similarly situated), Enrique Hernandez(on behalf of others similarly situated), Enrique Hernandez(individually). (Santos, Marisol) |
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| Tuesday, July 26, 2016 | ||
| 27 | 27
misc
Consent to Jurisdiction by US Magistrate Judge
Tue 07/26 6:17 PM
CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Ferrit Cami, Imer Cami, Larry Cami, Erik H. Garcia(individually), Erik H. Garcia(on behalf of others similarly situated), Enrique Hernandez(on behalf of others similarly situated), Enrique Hernandez(individually), IFM Contracting Inc., New Land Contracting, Inc. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Debra C. Freeman. (Signed by Judge Katherine Polk Failla on 7/26/2016) (tn) |
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| Thursday, July 14, 2016 | ||
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minutes
Settlement Conference
Fri 07/15 4:37 PM
Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held on 7/14/2016. (aba) |
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| Friday, July 01, 2016 | ||
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minutes
Telephone Conference ~Util - Set Hearings
Fri 07/01 4:43 PM
Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Telephone Conference held via telephone on 7/1/2016, ( Settlement Conference set for 7/14/2016 at 02:00 PM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Debra C. Freeman). (aba) |
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| Friday, June 17, 2016 | ||
| 26 | 26
order
Order Referring Case to Magistrate Judge
Fri 06/17 4:06 PM
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. The parties are directed to contact the chambers of Magistrate Judge Freeman to schedule a settlement conference in or about the next 45 days. Referred to Magistrate Judge Debra C. Freeman. (Signed by Judge Katherine Polk Failla on 6/17/2016) (tn) |
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| 25 | 25
order
Case Management Plan
Fri 06/17 4:01 PM
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). Fact Discovery due by 10/14/2016. Depositions due by 10/14/2016. This case is not to be tried to a jury. Counsel for the parties have conferred and the present best estimate of the length of trial is one to two days. Pretrial Conference set for 10/20/2016 at 03:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 6/17/2016) (tn) |
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minutes
Pretrial Conference - Initial
Tue 06/21 9:58 AM
Minute Entry for proceedings held before Judge Katherine Polk Failla: Initial Pretrial Conference held on 6/17/2016. (Court Reporter Ellen Simone) (Lopez, Jose) |
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| Friday, June 10, 2016 | ||
| 24 | 24
notice
Notice of Appearance
Fri 06/10 5:15 PM
NOTICE OF APPEARANCE by Raquel Amalia Gutierrez on behalf of Erik H. Garcia(individually), Erik H. Garcia(on behalf of others similarly situated), Enrique Hernandez(on behalf of others similarly situated), Enrique Hernandez(individually). (Gutierrez, Raquel) |
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| Tuesday, June 07, 2016 | ||
| 23 | 23
answer
Answer to Complaint
Tue 06/07 1:01 PM
ANSWER to1 Complaint,. Document filed by Ferrit Cami, Imer Cami, Larry Cami, IFM Contracting Inc., New Land Contracting, Inc..(Freedberg, Eli) |
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| 22 | 22
misc
Rule 7.1 Corporate Disclosure Statement
Tue 06/07 12:58 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by IFM Contracting Inc., New Land Contracting, Inc..(Freedberg, Eli) |
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| Wednesday, May 25, 2016 | ||
| 21 | 21
order
Stipulation and Order ~Util - Set Deadlines ~Util - Set Hearings
Thu 05/26 9:21 AM
STIPULATION AND ORDER ADJOURNING TIME TO RESPOND TO COMPLAINT. It is hereby stipulated and agreed by and between the undersigned counsel that the time within which Defendants New Land Contracting, Inc. (d/b/a New Land Contracting), IFM Contracting Inc., (d/b/a New Land Contracting), Lany Cami, Imer Cami and Ferrit Cami may answer, move or otherwise respond to the Complaint in this matter is hereby extended to June 7, 2016. It is further stipulated and agreed that Defendants waive all defenses relating to personal jurisdiction and sufficiency of service of process. The initial pretrial conference in this matter, previously set for June 2, 2016, will be adjourned to June 17, 2016, at 3:30 p.m. The parties are directed to docket entry 14 for the requirements for the parties' pre-conference submissions. So ordered. Ferrit Cami answer due 6/7/2016; Imer Cami answer due 6/7/2016; Larry Cami answer due 6/7/2016; IFM Contracting Inc. answer due 6/7/2016; New Land Contracting, Inc. answer due 6/7/2016. (Initial Conference set for 6/17/2016 at 03:30 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 5/25/2016) (rjm) |
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| 20 | 20
notice
Notice of Appearance
Wed 05/25 3:05 PM
NOTICE OF APPEARANCE by Eli Zev Freedberg on behalf of Ferrit Cami, Imer Cami, Larry Cami, IFM Contracting Inc., New Land Contracting, Inc.. (Freedberg, Eli) |
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| Wednesday, April 06, 2016 | ||
| 19 | 19
service
Affidavit of Service Complaints
Wed 04/06 10:57 AM
AFFIDAVIT OF SERVICE of Summons and Complaint,. Ferrit Cami served on 3/10/2016, answer due 3/31/2016. Service was accepted by Ms. Sylvia, Co-worker. Document filed by Enrique Hernandez(on behalf of others similarly situated); Erik H. Garcia(individually); Enrique Hernandez(individually); Erik H. Garcia(on behalf of others similarly situated). (Faillace, Michael) |
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| 18 | 18
service
Affidavit of Service Complaints
Wed 04/06 10:16 AM
AFFIDAVIT OF SERVICE of Summons and Complaint,. Imer Cami served on 3/10/2016, answer due 3/31/2016. Service was accepted by Ms. Sylvia, Co-worker. Document filed by Enrique Hernandez(on behalf of others similarly situated); Erik H. Garcia(individually); Enrique Hernandez(individually); Erik H. Garcia(on behalf of others similarly situated). (Faillace, Michael) |
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| 17 | 17
service
Affidavit of Service Complaints
Wed 04/06 10:12 AM
AFFIDAVIT OF SERVICE of Summons and Complaint,. Larry Cami served on 3/10/2016, answer due 3/31/2016. Service was accepted by Ms. Sylvia, Co-worker. Document filed by Enrique Hernandez(on behalf of others similarly situated); Erik H. Garcia(individually); Enrique Hernandez(individually); Erik H. Garcia(on behalf of others similarly situated). (Faillace, Michael) |
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| 16 | 16
service
Affidavit of Service Complaints
Wed 04/06 9:45 AM
AFFIDAVIT OF SERVICE of Summons and Complaint,. New Land Contracting, Inc. served on 3/3/2016, answer due 3/24/2016. Service was accepted by Chad Matice, Authorized Agent in the Office of the Secretary of State. Document filed by Enrique Hernandez(on behalf of others similarly situated); Erik H. Garcia(individually); Enrique Hernandez(individually); Erik H. Garcia(on behalf of others similarly situated). (Faillace, Michael) |
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| Tuesday, April 05, 2016 | ||
| 15 | 15
service
Affidavit of Service Complaints
Tue 04/05 6:04 PM
AFFIDAVIT OF SERVICE of Summons and Complaint,. IFM Contracting Inc. served on 3/3/2016, answer due 3/24/2016. Service was accepted by Chad Matice, Authorized Agent in the Office of the Secretary of State. Document filed by Enrique Hernandez(on behalf of others similarly situated); Erik H. Garcia(individually); Enrique Hernandez(individually); Erik H. Garcia(on behalf of others similarly situated). (Faillace, Michael) |
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| Wednesday, March 09, 2016 | ||
| 14 | 14
order
Order for Initial Pretrial Conference
Wed 03/09 2:52 PM
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 6/2/2016 at 02:30 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (As further set forth in this Order.) (Signed by Judge Katherine Polk Failla on 3/9/2016) (cf) |
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| Tuesday, March 01, 2016 | ||
| 13 | 13
notice
Notice of Appearance
Tue 03/01 10:58 AM
NOTICE OF APPEARANCE by Joshua S. Androphy on behalf of Erik H. Garcia(individually), Erik H. Garcia(on behalf of others similarly situated), Enrique Hernandez(on behalf of others similarly situated), Enrique Hernandez(individually). (Androphy, Joshua) |
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| Monday, February 29, 2016 | ||
| 12 | 12
service
Summons Issued
Mon 02/29 4:58 PM
ELECTRONIC SUMMONS ISSUED as to Ferrit Cami. (pc) |
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| 11 | 11
service
Summons Issued
Mon 02/29 4:57 PM
ELECTRONIC SUMMONS ISSUED as to Imer Cami. (pc) |
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| 10 | 10
service
Summons Issued
Mon 02/29 4:57 PM
ELECTRONIC SUMMONS ISSUED as to IFM Contracting Inc.. (pc) |
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| 9 | 9
2
pgs
service
Summons Issued
Mon 02/29 4:56 PM
ELECTRONIC SUMMONS ISSUED as to New Land Contracting, Inc.. (pc) |
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| 8 | 8
service
Summons Issued
Mon 02/29 4:56 PM
ELECTRONIC SUMMONS ISSUED as to Larry Cami. (pc) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Mon 02/29 2:26 PM
***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Antonio Faillace. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:2(a). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:216(b). (pc) |
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notice
Case Opening Initial Assignment Notice
Mon 02/29 2:28 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:http://nysd.uscourts.gov/judges/District] . 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[LINK:http://nysd.uscourts.gov/ecf_filing.php] . (pc) |
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utility
Case Designation
Mon 02/29 2:28 PM
Magistrate Judge Debra C. Freeman is so designated. (pc) |
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utility
Case Designated ECF
Mon 02/29 2:29 PM
Case Designated ECF. (pc) |
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| Friday, February 26, 2016 | ||
| 7 | 7
service
Request for Issuance of Summons
Fri 02/26 3:47 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Ferrit Cami, re:1 Complaint,. Document filed by Erik H. Garcia(individually), Erik H. Garcia(on behalf of others similarly situated), Enrique Hernandez(on behalf of others similarly situated), Enrique Hernandez(individually). (Faillace, Michael) |
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| 6 | 6
service
Request for Issuance of Summons
Fri 02/26 3:46 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Imer Cami, re:1 Complaint,. Document filed by Erik H. Garcia(individually), Erik H. Garcia(on behalf of others similarly situated), Enrique Hernandez(on behalf of others similarly situated), Enrique Hernandez(individually). (Faillace, Michael) |
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| 5 | 5
service
Request for Issuance of Summons
Fri 02/26 3:45 PM
REQUEST FOR ISSUANCE OF SUMMONS as to IFM Contracting, Inc., re:1 Complaint,. Document filed by Erik H. Garcia(individually), Erik H. Garcia(on behalf of others similarly situated), Enrique Hernandez(on behalf of others similarly situated), Enrique Hernandez(individually). (Faillace, Michael) |
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| 4 | 4
service
Request for Issuance of Summons
Fri 02/26 3:44 PM
REQUEST FOR ISSUANCE OF SUMMONS as to New Land Contracting, Inc., re:1 Complaint,. Document filed by Erik H. Garcia(individually), Erik H. Garcia(on behalf of others similarly situated), Enrique Hernandez(on behalf of others similarly situated), Enrique Hernandez(individually). (Faillace, Michael) |
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| 3 | 3
service
Request for Issuance of Summons
Fri 02/26 3:43 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Larry Cami, re:1 Complaint,. Document filed by Erik H. Garcia(individually), Erik H. Garcia(on behalf of others similarly situated), Enrique Hernandez(on behalf of others similarly situated), Enrique Hernandez(individually). (Faillace, Michael) |
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| 2 | 2
misc
Civil Cover Sheet
Fri 02/26 3:42 PM
CIVIL COVER SHEET filed. (Faillace, Michael) |
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| 1 | 1
cmp
Complaint
Fri 02/26 3:41 PM
COMPLAINT against Ferrit Cami, Imer Cami, Larry Cami, IFM Contracting Inc., New Land Contracting, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-12004289)Document filed by Enrique Hernandez(on behalf of others similarly situated), Erik H. Garcia(individually), Enrique Hernandez(individually), Erik H. Garcia(on behalf of others similarly situated).(Faillace, Michael) |
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