Taborda v. El Rancho De Andres Carne De Tres Inc. et al
| New York Eastern District Court | |
| Judge: | James Orenstein |
| Referred: | James Orenstein |
| Case #: | 1:17-cv-02388 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:201 Denial of Overtime Compensation |
| Case Filed: | Apr 21, 2017 |
| Terminated: | Jul 03, 2018 |
| Last checked: Wednesday Oct 18, 2017 5:08 AM EDT |
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Defendant
Harold Canon
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Represented By
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Defendant
El Rancho De Andres Carne De Tres Inc.
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Represented By
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Defendant
Diana Vargas
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Represented By
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Plaintiff
Jhon David Guevara Taborda
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Represented By
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| Docket last updated: 61 minutes ago |
| Tuesday, July 03, 2018 | ||
| 35 | 35
order
Judgment
Tue 07/03 10:45 AM
JUDGMENT -- it is ORDERED and ADJUDGED: That judgment is hereby entered in favor of plaintiff Jhon David Guevara Taborda in the amount of $181,522.00 in total damages against defendants El Rancho De Andres Carne De Tres, Inc., Harold Canon, and Diana Vargas, jointly and severally; and it is further ORDERED and ADJUDGED: That judgment is hereby entered in favor of plaintiff Jhon David Guevara Taborda in the amount of $59,130.79 in pre-judgment interest against defendants El Rancho De Andres Carne De Tres, Inc., Harold Canon, and Diana Vargas, jointly and severally; and it is further ORDERED and ADJUDGED: That judgment is hereby entered in favor of plaintiff Jhon David Guevara Taborda in the amount of $37,866.75 in attorneys' fees and costs against defendants El Rancho De Andres Carne De Tres, Inc., Harold Canon, and Diana Vargas, jointly and severally; and it is furtherORDERED and ADJUDGED: That in accordance with New York Labor Law, any remedies awarded that "remain unpaid upon the expiration of ninety days following issuance of judgment, or ninety days after expiration of the time to appeal and no appeal is then pending, whichever is later, the total amount of judgment shall automatically increase by fifteen percent." N.Y. Lab. Law §198(4). SEE ATTACHED DOCUMENT. Ordered by Magistrate Judge James Orenstein on 7/3/2018. (Guy, Alicia) |
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| Monday, July 02, 2018 | ||
| 34 | 34
misc
Letter
Mon 07/02 9:46 AM
Letter update to request for order by Jhon David Guevara Taborda (Cooper, Peter) |
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| Monday, June 25, 2018 | ||
| 33 | 33
2
pgs
misc
Letter
Mon 06/25 9:40 AM
Letter regarding proposed findings of fact and conclusions of law and request for order by Jhon David Guevara Taborda (Cooper, Peter) |
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| Sunday, June 03, 2018 | ||
| 32 | 32
respm
Affidavit/Declaration in Support of Motion
Sun 06/03 1:32 PM
AFFIDAVIT/DECLARATION in Support re31 MOTION for Attorney Fees filed by Jhon David Guevara Taborda. (Cooper, Peter) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C - Invoice
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| 31 | 31
motion
Attorney Fees
Sun 06/03 1:29 PM
MOTION for Attorney Fees by Jhon David Guevara Taborda. (Cooper, Peter) |
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| Tuesday, May 22, 2018 | ||
| 30 | 30
1
pgs
order
Findings of Fact & Conclusions of Law
Tue 05/22 4:41 PM
FINDINGS OF FACT AND CONCLUSIONS OF LAW: As set forth on the record, at the close of the evidence in the bench trial of this action, I made findings of fact and conclusions of law including findings as to damages. However, because my notes included a mathematical error, I stated that I would file revised damages calculations on the docket. Those revised damages calculations are set forth in the attachment to this document. As set forth in the attachment, the total damages are $181,522.00. In addition, I award the plaintiff pre-judgment interest at an annual rate of nine percent, calculated from a date midway between the date damages first accrued (April 21, 2011) and the earliest date judgment will be entered (July 9, 2018, which is the business day after all post-trial submissions are due) through that earliest date of judgment. The midpoint date is November 26, 2014, and I therefore calculate interest for a total period of approximately 3.62 years, producing a total interest award of $59,130.79 ($181,522.00 * 0.09 * 3.61944444 = $59,130.79). Ordered by Magistrate Judge James Orenstein on 5/22/2018. (Orenstein, James) |
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Att: 1
1 pgs
Appendix Damages Calculations
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| 29 | 29
minutes
Bench Trial - Completed
Tue 05/22 4:39 PM
Minute Entry for proceedings held before Magistrate Judge James Orenstein:Bench Trial completed on 5/22/2018. The bench trial was begun and completed. I made provisional findings of fact and conclusions of law on the record at the close of evidence; finding that the plaintiff prevailed on his first two causes of action but not on the third. I will enter a separate order that summarizes my findings as to damages. The plaintiff will file a bill of costs including reasonable attorneys' fees by June 5, 2018. The defendants will file any objections to the provisional findings of fact and conclusions of law, and to the plaintiff's bill of costs, by June 22, 2018. The plaintiff will file his response by July 6, 2018. I will defer the entry of judgment until I have reviewed the foregoing submissions. (Orenstein, James) |
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| Tuesday, May 15, 2018 | ||
| 28 | 28
2
pgs
misc
Letter
Tue 05/15 3:45 PM
Letter by Jhon David Guevara Taborda (Cooper, Peter) |
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Att: 1
6 pgs
Exhibit Table reflecting plaintiff's estimate of hours worked and wages paid for each week of alleged employment
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| Monday, March 26, 2018 | ||
| 27 | 27
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pgs
minutes
Pretrial Conference - Final ~Util - Set Hearings
Mon 03/26 9:52 AM
Minute Entry for proceedings held before Magistrate Judge James Orenstein:Final Pretrial Conference held on 3/26/2018. SCHEDULING: The bench trial will begin on May 22, 2018, at 9:30 a.m. SUMMARY: On consent, I adjourned the bench trial as scheduled above. The parties have no motions in limine . No later than May 15, 2018, the parties will submit their respective witness and exhibit lists as well as each party's statement of the number of hours the plaintiff worked and the amount of wages he was paid for each specific week of the relevant period. (Orenstein, James) |
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| Thursday, January 18, 2018 | ||
| 26 | 26
minutes
Telephone Conference ~Util - Set Hearings
Thu 01/18 11:02 AM
Minute Entry for proceedings held before Magistrate Judge James Orenstein:Telephone Conference held on 1/18/2018. SCHEDULING: (1) The final pretrial conference will be held on March 26, 2018, at 9:30 a.m. (2) The bench trial will begin on April 11, 2018, at 9:30 a.m. SUMMARY: I set the trial schedule as set forth above. The bench trial will continue on April 12, 2018, if necessary. I respectfully direct the parties to consult and comply with the filing deadlines set forth in Part V of[LINK:my individual practice requirements] , and to be prepared at the next conference to argue any in limine or other pretrial motions. (Orenstein, James) |
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| Tuesday, January 16, 2018 | ||
| 25 | 25
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pgs
misc
Proposed Pretrial Order
Tue 01/16 2:31 PM
Proposed Pretrial Order by Jhon David Guevara Taborda (Cooper, Peter) |
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| Tuesday, January 09, 2018 | ||
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order
Order(Other)
Tue 01/09 3:07 PM
ELECTRONIC ORDER re:24 Settlement Conference. All parties have now responded to the Court's settlement proposal. Unfortunately, there is no settlement. Parties should comply with all deadlines previously set by Judge Orenstein. Ordered by Chief Mag. Judge Roanne L. Mann on 1/9/2018. (Godoy-Dalmau, Gabriel) |
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order
Scheduling Order
Tue 01/09 4:47 PM
SCHEDULING ORDER: A telephone conference will be held on January 18, 2018, at 10:00 a.m. Counsel for plaintiff shall initiate the call and conference in chambers when all parties are on the line. All parties are directed to use landlines rather than mobile telephones in order to reduce potential interference. Ordered by Magistrate Judge James Orenstein on 1/9/2018. (Drake, Shaw) |
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| Monday, January 08, 2018 | ||
| 24 | 24
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pgs
minutes
Settlement Conference
Mon 01/08 4:37 PM
Minute Entry for proceedings held before Chief Mag. Judge Roanne L. Mann: Settlement Conference held on 1/8/2018. Magistrate Judge Mann conducts a settlement conference. The parties are directed to respond to the Court's settlement proposal by 4:00 p.m. tomorrow . (FTR Log #3:10 - 4:20.) (Godoy-Dalmau, Gabriel) |
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| Friday, December 22, 2017 | ||
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order
Scheduling Order
Fri 12/22 5:24 PM
SCHEDULING ORDER: a Settlement Conference will be held on 1/8/2018 at 3:00 PM in Courtroom 13C South before Chief Mag. Judge Roanne L. Mann. Clients must appear in-person or be immediately available by telephone. Ordered by Chief Mag. Judge Roanne L. Mann on 12/22/2017. (Proujansky, Josh) |
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| Monday, December 18, 2017 | ||
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order
Order(Other)
Mon 12/18 5:00 PM
ORDER re23 Letter filed by Jhon David Guevara Taborda -- The parties are respectfully directed to contact the chambers of the Honorable Roanne L. Mann, Chief Magistrate Judge, to schedule a settlement conference. Ordered by Magistrate Judge James Orenstein on 12/18/2017. (Drake, Shaw) |
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| Friday, December 15, 2017 | ||
| 23 | 23
misc
Letter
Fri 12/15 5:30 PM
Letter request for conference by Jhon David Guevara Taborda (Cooper, Peter) |
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| Thursday, December 14, 2017 | ||
| 22 | 22
misc
Consent to Jurisdiction by US Magistrate Judge
Thu 12/14 3:26 PM
CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge James Orenstein for all further proceedings. Chief Judge Dora Lizette Irizarry no longer assigned to case. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (So Ordered by Chief U.S. District Judge, Dora L. Irizarry on 12/13/2017). (Layne, Monique) |
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utility
Case No Longer Referred
Thu 12/14 3:24 PM
Case no longer referred to Magistrate Judge James Orenstein. (Layne, Monique) |
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| Tuesday, December 12, 2017 | ||
| 21 | 21
misc
Consent to Jurisdiction by US Magistrate Judge
Tue 12/12 12:13 PM
CONSENT to Jurisdiction by US Magistrate Judge by Jhon David Guevara Taborda. (Cooper, Peter) |
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| Tuesday, December 05, 2017 | ||
| 20 | 20
misc
Status Report
Tue 12/05 4:54 PM
STATUS REPORT (joint) by Jhon David Guevara Taborda (Cooper, Peter) |
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order
Order(Other) 1 - Terminate Deadlines and Hearings
Tue 12/05 5:25 PM
ORDER re20 Status Report filed by Jhon David Guevara Taborda -- The pretrial conference previously scheduled for December 12, 2017 is cancelled. Ordered by Magistrate Judge James Orenstein on 12/5/2017. (Drake, Shaw) |
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| Wednesday, October 25, 2017 | ||
| 19 | 19
minutes
Status Conference
Wed 10/25 11:46 AM
Minute Entry for proceedings held before Magistrate Judge James Orenstein:Status Conference held on 10/25/2017. SCHEDULING: The next pretrial conference will be held on December 12, 2017, at 9:30 a.m. SUMMARY: The defendants will produce, in full, the disclosures required by Federal Rule of Civil Procedure 26(a)(1), as well as all information responsive to the plaintiffs' outstanding discovery requests, by October 26, 2017. I cautioned the defendants that continued failure to discharge their discovery obligations could result in the striking of their answer and a default judgment. The parties have resolved on consent the matter of reimbursing the plaintiff for the costs of the discovery motion and of yesterday's appearance. (Orenstein, James) |
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order
Order on Motion to Compel
Mon 10/30 10:07 AM
ORDER terminating16 Motion to Compel -- - See docket entry19 . Ordered by Magistrate Judge James Orenstein on 10/25/2017. (Guy, Alicia) |
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| Tuesday, October 24, 2017 | ||
| 18 | 18
minutes
Status Conference ~Util - Set Hearings
Tue 10/24 11:19 AM
Minute Entry for proceedings held before Magistrate Judge James Orenstein:Status Conference held on 10/24/2017. SCHEDULING: (1) The next status conference will be held on October 25, 2017, at 11:30 a.m. (2) A pretrial conference will be held on December 12, 2017, at 9:30 a.m. SUMMARY: The defendants did not appear as required, and I therefore continued the conference to October 25, 2017, at 11:30 a.m. Each individual defendant, as well as an officer or owner of the corporate defendant, must appear in person along with counsel. Failure to comply will result in sanctions, possibly including a recommendation that the Answer be stricken. The defendants shall promptly reimburse the plaintiff for the costs, including reasonable attorney's fees, of attending today's conference. (Orenstein, James) |
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| Monday, October 23, 2017 | ||
| 17 | 17
motion
Adjourn Conference
Mon 10/23 3:01 PM
First MOTION to Adjourn Conference Defendants by El Rancho De Andres Carne De Tres Inc.. (Garzon, John) |
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order
Order on Motion to Adjourn Conference
Mon 10/23 3:40 PM
ORDER denying17 Motion to Adjourn Conference -- In the absence of any explanation either for the proposed delay or for the untimeliness of the request, I deny the motion to adjourn. While the parties are free to renew the request upon a showing of need (and of extraordinary circumstances justifying the last-minute nature of the request), any such renewal should explain why there is not a pressing need to resolve the pending discovery dispute in light of the discovery deadline of November 30, 2017. Ordered by Magistrate Judge James Orenstein on 10/23/2017. (Drake, Shaw) |
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| Thursday, October 12, 2017 | ||
| 16 | 16
motion
Compel
Thu 10/12 2:16 PM
Letter MOTION to Compel discovery responses by Jhon David Guevara Taborda. (Cooper, Peter) |
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Att: 1
Exhibit 1
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order
Order(Other) Scheduling Order
Thu 10/12 2:46 PM
ORDER re16 Letter MOTION to Compel discovery responses -- The defendants are respectfully directed to respond to the plaintiff's letter motion, docket entry16 , by October 17, 2017. A status conference will be held on October 24, 2017 at 11:00 a.m. The defendants are directed to appear in person along with counsel for both sides. Ordered by Magistrate Judge James Orenstein on 10/12/2017. (Drake, Shaw) |
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| Tuesday, August 15, 2017 | ||
| 15 | 15
order
Scheduling Order
Tue 08/15 2:17 PM
SCHEDULING ORDER: Deadline for all Rule 26(a)(1) disclosures: August 15, 2017. First request for production of documents and first request for interrogatories due by: September 15, 2017. Deadline for joinder of additional parties and amendment of pleadings: September 29, 2017. All discovery, including all expert disclosures under Rule 26(a)(2), if any, to be completed by: November 30, 2017. Pretrial Conference ( ex parte statements of settlement position due via email two business days in advance): December 12, 2017, at 9:30 a.m. Dispositive motion process started by: December 26, 2017. Joint pretrial order due by: January 23, 2018. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 8/15/2017. (Orenstein, James) |
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| 14 | 14
minutes
Initial Conference Hearing ~Util - Set Hearings
Tue 08/15 2:15 PM
Minute Entry for proceedings held before Magistrate Judge James Orenstein:Initial Conference Hearing held on 8/15/2017. SCHEDULING: The next pretrial conference will be held on December 12, 2017, at 9:30 a.m. SUMMARY: The plaintiff is not seeking to prosecute a collective action. I will enter a separate case management and scheduling order that reflects the deadlines set forth in the parties' joint discovery plan. (Orenstein, James) |
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| Thursday, August 10, 2017 | ||
| 13 | 13
misc
Case Management Statement
Thu 08/10 4:50 PM
CASE MANAGEMENT STATEMENT (Cooper, Peter) |
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| Wednesday, July 12, 2017 | ||
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order
Order on Motion to Continue Scheduling Order 1 - Terminate Deadlines and Hearings
Wed 07/12 9:07 AM
SCHEDULING ORDER:12 Motion to Continue -- The motion is granted; the initial conference previously scheduled for July 19, 2017 is rescheduled for August 15, 2017, at 2:00 p.m. (with joint proposed discovery plan due two business days in advance). Ordered by Magistrate Judge James Orenstein on 7/12/2017. (Miao, Tiffany) |
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| Tuesday, July 11, 2017 | ||
| 12 | 12
motion
Continue
Tue 07/11 4:10 PM
MOTION to Continue by El Rancho De Andres Carne De Tres Inc.. (Garzon, John) |
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| Wednesday, June 28, 2017 | ||
| 11 | 11
order
Scheduling Order
Wed 06/28 2:31 PM
SCHEDULING ORDER: Pursuant to Federal Rule of Civil Procedure 16(a), I order the parties to appear for an initial discovery planning conference on, July 19, 2017, at 9:30 a.m. in Courtroom 11D South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. No later than July 17, 2017, the parties must submit, by means of electronic filing on the court's ECF (Electronic Case Filing) system, a joint proposed discovery plan. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 6/28/2017. (Guy, Alicia) |
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| Wednesday, June 14, 2017 | ||
| 10 | 10
answer
Answer to Complaint
Wed 06/14 4:04 PM
ANSWER to1 Complaint, by All Defendants. (Garzon, John) |
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| Wednesday, June 07, 2017 | ||
| 9 | 9
motion
Extension of Time to File Answer
Wed 06/07 1:09 PM
MOTION for Extension of Time to File Answer by El Rancho De Andres Carne De Tres Inc.. (Garzon, John) |
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order
Order on Motion for Extension of Time to Answer
Wed 06/07 4:53 PM
ORDER granting9 Motion for Extension of Time to Answer -- The motion is granted on consent; the defendants shall answer or otherwise respond to the complaint by June 30, 2017. Ordered by Magistrate Judge James Orenstein on 6/7/2017. (Miao, Tiffany) |
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| Thursday, May 25, 2017 | ||
| 8 | 8
notice
Notice of Appearance
Thu 05/25 11:20 AM
NOTICE of Appearance by John J. Garzon on behalf of All Defendants (aty to be noticed) (Garzon, John) |
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| Tuesday, May 16, 2017 | ||
| 7 | 7
service
Summons Returned Executed
Tue 05/16 12:08 PM
SUMMONS Returned Executed by Jhon David Guevara Taborda. Diana Vargas served on 5/5/2017, answer due 5/26/2017. (Cooper, Peter) |
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| 6 | 6
service
Summons Returned Executed
Tue 05/16 12:07 PM
SUMMONS Returned Executed by Jhon David Guevara Taborda. Harold Canon served on 5/5/2017, answer due 5/26/2017. (Cooper, Peter) |
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| 5 | 5
service
Summons Returned Executed
Tue 05/16 12:06 PM
SUMMONS Returned Executed by Jhon David Guevara Taborda. El Rancho De Andres Carne De Tres Inc. served on 5/4/2017, answer due 5/25/2017. (Cooper, Peter) |
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| Friday, April 21, 2017 | ||
| 4 | 4
service
Summons Issued
Fri 04/21 4:29 PM
Summons Issued as to Harold Canon, El Rancho De Andres Carne De Tres Inc., Diana Vargas. (Davis, Kimberly) |
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| 3 | 3
misc
Quality Control Check - Attorney Case Opening
Fri 04/21 4:28 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
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| 2 | 2
misc
Clerks Notice of Rule 73
Fri 04/21 4:27 PM
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
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| 1 | 1
15
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cmp
Complaint
Fri 04/21 1:09 PM
COMPLAINT against Harold Canon, El Rancho De Andres Carne De Tres Inc., Diana Vargas filing fee $ 400, receipt number 0207-9467612 Was the Disclosure Statement on Civil Cover Sheet completed -No.,, filed by Jhon David Guevara Taborda. (Cooper, Peter) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Proposed Summons
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utility
Case Assigned/Reassigned
Fri 04/21 4:27 PM
Case Assigned to Chief Judge Dora Lizette Irizarry and Magistrate Judge James Orenstein. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) |
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