Baten Ramirez et al v. AAM Restaurant LLC et al
| New York Southern District Court | |
| Judge: | Vernon S Broderick |
| Case #: | 1:20-cv-04700 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:201 Denial of Overtime Compensation |
| Case Filed: | Jun 18, 2020 |
| Last checked: Tuesday Dec 15, 2020 4:43 AM EST |
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Defendant
AAM Restaurant LLC
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Defendant
Mohammad Ali Mirbod
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Defendant
Anthony Avellino
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Defendant
Heron Gutierrez
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Defendant
Marc Mohammad Mirbod
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Plaintiff
Carlos Baten Ramirez
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Represented By
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Plaintiff
Javier Hernandez Hernandez
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Represented By
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Plaintiff
David Perez Carrillo
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Represented By
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Plaintiff
Timoteo Perez Hernandez
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Represented By
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Plaintiff
Euclides Veloz
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Represented By
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| Docket last updated: 04/26/2024 11:59 PM EDT |
| Friday, July 09, 2021 | ||
| 33 | 33
misc
Letter
Fri 07/09 5:38 PM
LETTER addressed to Judge Vernon S. Broderick from Parties dated 7/9/2021 re: Order of July 7, 2021. Document filed by Carlos Baten Ramirez(on behalf of others similarly situated), Carlos Baten Ramirez(individually), Freddy Gervacio(on behalf of others similarly situated), Freddy Gervacio(Individually), Javier Hernandez Hernandez(individually), Javier Hernandez Hernandez(on behalf of others similarly situated ), David Perez Carrillo(individually), David Perez Carrillo(on behalf of others similarly situated), Timoteo Perez Hernandez(individually), Timoteo Perez Hernandez(on behalf of others similarly situated), Euclides Veloz(on behalf of others similarly situated), Euclides Veloz(individually)..(Faillace, Michael) |
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Att: 1
Ex. A - Corrected Form of Settlement Agreement
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| Wednesday, July 07, 2021 | ||
| 32 | 32
1
pgs
order
Order
Wed 07/07 1:29 PM
ORDER re:31 Settlement Agreement,,, filed by Euclides Veloz, Freddy Gervacio, Timoteo Perez Hernandez, David Perez Carrillo, Carlos Baten Ramirez, Javier Hernandez Hernandez. I am in receipt of the parties' joint request for approval of their Settlement Agreement ("Agreement"). (Doc. 31.) The parties' letter and the Agreement, appended as Exhibit 1 to the parties' request, describe the total settlement amount reached as $200,000, (id. at 2; Doc. 31-1, at 2), but the settlement payments contemplated in the Agreement total $194,000, (see id.). In light of this discrepancy, the parties are hereby directed to file by on or before July 12, 2021 a joint supplemental letter (and, if applicable, amended Agreement) clarifying the total settlement amount reached, as well as any resulting modifications to their discussion of the fairness of the Agreement in view of the correct settlement amount. SO ORDERED. (Signed by Judge Vernon S. Broderick on 7/7/2021) (kv) |
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| Monday, June 14, 2021 | ||
| 31 | 31
misc
Settlement Agreement
Mon 06/14 1:10 PM
SETTLEMENT AGREEMENT Approval Motion . Document filed by Carlos Baten Ramirez(on behalf of others similarly situated), Carlos Baten Ramirez(individually), Freddy Gervacio(on behalf of others similarly situated), Freddy Gervacio(Individually), Javier Hernandez Hernandez(individually), Javier Hernandez Hernandez(on behalf of others similarly situated ), David Perez Carrillo(individually), David Perez Carrillo(on behalf of others similarly situated), Timoteo Perez Hernandez(individually), Timoteo Perez Hernandez(on behalf of others similarly situated), Euclides Veloz(on behalf of others similarly situated), Euclides Veloz(individually)..(Faillace, Michael) |
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Att: 1
Ex. A - Form of Settlement Agreement,
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Att: 2
Ex. B - Damages Chart,
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Att: 3
Ex. C - Attorney Fee Breakdown
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| Thursday, May 13, 2021 | ||
| 30 | 30
3
pgs
order
Order
Thu 05/13 4:07 PM
ORDER: Therefore, it is hereby: ORDERED that within thirty (30) days of this Order the parties provide this Court with the terms of the settlement in order to ensure that, in compliance with the FLSA, they are fair and reflect a reasonable compromise of disputed issues. IT IS FURTHER ORDERED that, along with the terms of the settlement, the parties shall provide this court with a joint letter of no more than five (5) pages explaining why they believe the settlement reflects a fair and reasonable compromise of disputed issues. Such letter should include, but need not be limited to, information concerning the five (5) factors identified in Beckert. IT IS FURTHER ORDERED that, if the agreement includes a provision for attorney's fees, the parties submit evidence providing a factual basis for the attorney's fees award. Such basis should include "contemporaneous billing records documenting, for each attorney, the date, the hours expended, and the nature of the work done." Lopez v. Nights of Cabiria, LLC, No. 14cv 1274 (LAK), 2015 WL 1455689, at *7 (S.D.N.Y. March 30, 2015). IT IS FURTHER ORDERED that, in view of the parties' settlement, the status conference scheduled for June 10, 2021 is hereby adjourned. SO ORDERED. (Signed by Judge Vernon S. Broderick on 5/13/2021) (kv) |
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| Friday, March 05, 2021 | ||
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adr
Mediation Conference Scheduled
Fri 03/05 3:29 PM
MEDIATION CONFERENCE SCHEDULED First Mediation Conference scheduled for 4/21/2021 at 10:30 AM through video conference. (sb) |
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| Wednesday, February 03, 2021 | ||
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adr
Notice of Mediator Assignment
Wed 02/03 12:27 PM
NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 3/5/2021..(ah) |
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| Tuesday, February 02, 2021 | ||
| 28 | 28
notice
Notice of Appearance
Tue 02/02 3:08 PM
NOTICE OF APPEARANCE by Maria Louisa Bianco on behalf of AAM Restaurant LLC, Anthony Avellino, Marc Mirbod..(Bianco, Maria Louisa) |
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| Wednesday, January 27, 2021 | ||
| 27 | 27
answer
Answer to Amended Complaint
Wed 01/27 8:37 AM
ANSWER to22 Amended Complaint,,. Document filed by AAM Restaurant LLC, Anthony Avellino, Marc Mirbod..(Silberstein, Milo) |
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| 26 | 26
notice
Notice of Appearance
Wed 01/27 8:36 AM
NOTICE OF APPEARANCE by Milo Silberstein on behalf of AAM Restaurant LLC, Anthony Avellino, Marc Mirbod..(Silberstein, Milo) |
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| 25 | 25
notice
Notice of Appearance
Wed 01/27 8:31 AM
NOTICE OF APPEARANCE by Amanda Elizabeth Maguire on behalf of Anthony Avellino, Marc Mirbod..(Maguire, Amanda) |
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| Monday, January 25, 2021 | ||
| 24 | 24
order
Scheduling Order
Tue 01/26 10:25 AM
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, pursuant to 28 U.S.C. § 636(c). The parties have not engaged in settlement discussions. This case is to be tried to a jury. The parties have conferred and their present best estimate of the length of trial is 4 days. Deposition due by 4/22/2021. Fact Discovery due by 5/31/2021. Discovery due by 5/31/2021. Status Conference set for 6/10/2021 at 02:00 PM before Judge Vernon S. Broderick. (Signed by Judge Vernon S. Broderick on 1/25/2021) (nb) |
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| Friday, January 22, 2021 | ||
| 23 | 23
misc
Letter
Fri 01/22 3:53 PM
JOINT LETTER addressed to Judge Vernon S. Broderick from Parties dated 1/22/21 re: Initial Conference. Document filed by Carlos Baten Ramirez(on behalf of others similarly situated), Carlos Baten Ramirez(individually), Freddy Gervacio(on behalf of others similarly situated), Freddy Gervacio(Individually), Javier Hernandez Hernandez(individually), Javier Hernandez Hernandez(on behalf of others similarly situated ), David Perez Carrillo(individually), David Perez Carrillo(on behalf of others similarly situated), Timoteo Perez Hernandez(individually), Timoteo Perez Hernandez(on behalf of others similarly situated), Euclides Veloz(on behalf of others similarly situated), Euclides Veloz(individually)..(Errington, Clela) |
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Att: 1
Text of Proposed Order Proposed Case Management Plan
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| Wednesday, January 13, 2021 | ||
| 22 | 22
cmp
Amended Complaint
Wed 01/13 2:41 PM
FIRST AMENDED COMPLAINT amending1 Complaint,, against AAM Restaurant LLC, Anthony Avellino, Marc Mirbod with JURY DEMAND.Document filed by Javier Hernandez Hernandez(individually), Carlos Baten Ramirez(on behalf of others similarly situated), Carlos Baten Ramirez(individually), Euclides Veloz(on behalf of others similarly situated), David Perez Carrillo(individually), Timoteo Perez Hernandez(individually), Javier Hernandez Hernandez(on behalf of others similarly situated ), David Perez Carrillo(on behalf of others similarly situated), Timoteo Perez Hernandez(on behalf of others similarly situated), Euclides Veloz(individually), Freddy Gervacio, Freddy Gervacio. Related document:1 Complaint,,..(Faillace, Michael) |
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| Tuesday, January 05, 2021 | ||
| 21 | 21
2
pgs
order
Order for Initial Pretrial Conference
Tue 01/05 3:51 PM
ORDER AND NOTICE OF INITIAL CONFERENCE: It is hereby: ORDERED that, in light of the public health crisis, the Court will not be holding an initial pretrial conference. IT IS FURTHER ORDERED that, by January 22, 2021, the parties submit a joint letter, not to exceed three (3) pages, providing the following information in separate paragraphs: and further set forth in this Order. (Signed by Judge Vernon S. Broderick on 1/5/2021) (rro) |
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| 20 | 20
order
Mediation Referral Order for Cases Filed Under the Fair Labor Standards Act
Tue 01/05 10:00 AM
MEDIATION REFERRAL ORDER FOR CASES FILED UNDER THE FAIR LABOR STANDARDS ACT 29 U.S.C. Sec. 201 et seq. This case, involving claims under the Fair Labor Standards Act (FLSA), 29 U.S.C. Sec. 201 et seq., has been assigned to this Court for all purposes. In the Courts experience, cases involving FLSA claims often benefit from early mediation. To that end, prior to a Rule 16(b) case management conference the Court is referring this case to the Mediation Office for settlement purposes under Local Civil Rule 83.9. To facilitate mediation the parties shall, within four weeks of this Order, confer and provide the items set forth in this Order. Mediator to be Assigned by 1/15/2021. (Signed by Judge Vernon S. Broderick on 12/10/19) (rpr) |
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| Monday, December 28, 2020 | ||
| 19 | 19
answer
Answer to Complaint
Mon 12/28 1:26 PM
ANSWER to1 Complaint,,. Document filed by AAM Restaurant LLC, Mohammad Ali Mirbod, Marc Mohammad Mirbod..(Maguire, Amanda) |
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| 18 | 18
notice
Notice of Appearance
Mon 12/28 1:25 PM
NOTICE OF APPEARANCE by Amanda Elizabeth Maguire on behalf of AAM Restaurant LLC, Mohammad Ali Mirbod, Marc Mohammad Mirbod..(Maguire, Amanda) |
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| 17 | 17
misc
Rule 7.1 Corporate Disclosure Statement
Mon 12/28 1:23 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by AAM Restaurant LLC..(Maguire, Amanda) |
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| Monday, November 02, 2020 | ||
| 16 | 16
service
Waiver of Service Executed
Mon 11/02 9:16 AM
WAIVER OF SERVICE RETURNED EXECUTED. AAM Restaurant LLC waiver sent on 10/28/2020, answer due 12/28/2020; Mohammad Ali Mirbod waiver sent on 10/28/2020, answer due 12/28/2020; Marc Mohammad Mirbod waiver sent on 10/28/2020, answer due 12/28/2020. Document filed by Euclides Veloz(on behalf of others similarly situated); David Perez Carrillo(individually); Javier Hernandez Hernandez(individually); Timoteo Perez Hernandez(individually); Carlos Baten Ramirez(on behalf of others similarly situated); Javier Hernandez Hernandez(on behalf of others similarly situated ); Carlos Baten Ramirez(individually); David Perez Carrillo(on behalf of others similarly situated); Timoteo Perez Hernandez(on behalf of others similarly situated); Euclides Veloz(individually)..(Errington, Clela) |
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| Sunday, September 20, 2020 | ||
| 15 | 15
2
pgs
order
Order on Motion for Extension of Time
Mon 09/21 10:15 AM
ORDER granting14 Letter Motion for Extension of Time. Application Granted. So Ordered. (Signed by Judge Vernon S. Broderick on 9/20/2020) (js) |
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| Wednesday, September 16, 2020 | ||
| 14 | 14
motion
Extension of Time
Wed 09/16 6:08 PM
LETTER MOTION for Extension of Time to Serve addressed to Judge Vernon S. Broderick from Michael Faillace dated September 16, 2020. Document filed by Carlos Baten Ramirez(on behalf of others similarly situated), Carlos Baten Ramirez(individually), Javier Hernandez Hernandez(individually), Javier Hernandez Hernandez(on behalf of others similarly situated ), David Perez Carrillo(individually), David Perez Carrillo(on behalf of others similarly situated), Timoteo Perez Hernandez(individually), Timoteo Perez Hernandez(on behalf of others similarly situated), Euclides Veloz(on behalf of others similarly situated), Euclides Veloz(individually)..(Faillace, Michael) |
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| Monday, August 24, 2020 | ||
| 13 | 13
service
Summons Issued
Mon 08/24 3:38 PM
ELECTRONIC SUMMONS ISSUED as to Mohammad Ali Mirbod..(dnh) |
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service
Summons Issued
Mon 08/24 3:34 PM
ELECTRONIC SUMMONS ISSUED as to Marc Mohammad Mirbod..(dnh) |
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service
Summons Issued
Mon 08/24 3:30 PM
ELECTRONIC SUMMONS ISSUED as to Heron Gutierrez..(dnh) |
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| 10 | 10
service
Summons Issued
Mon 08/24 3:26 PM
ELECTRONIC SUMMONS ISSUED as to Anthony Avellino..(dnh) |
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service
Summons Issued
Mon 08/24 3:21 PM
ELECTRONIC SUMMONS ISSUED as to AAM Restaurant LLC..(dnh) |
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| Friday, August 21, 2020 | ||
| 8 | 8
service
Request for Issuance of Summons
Fri 08/21 1:10 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Mohammad Ali Mirbod, re:1 Complaint,,. Document filed by Carlos Baten Ramirez(on behalf of others similarly situated), Carlos Baten Ramirez(individually), Javier Hernandez Hernandez(individually), Javier Hernandez Hernandez(on behalf of others similarly situated ), David Perez Carrillo(individually), David Perez Carrillo(on behalf of others similarly situated), Timoteo Perez Hernandez(individually), Timoteo Perez Hernandez(on behalf of others similarly situated), Euclides Veloz(on behalf of others similarly situated), Euclides Veloz(individually)..(Faillace, Michael) |
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| 7 | 7
service
Request for Issuance of Summons
Fri 08/21 1:03 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Marc Mohammad Mirbod, re:1 Complaint,,. Document filed by Carlos Baten Ramirez(on behalf of others similarly situated), Carlos Baten Ramirez(individually), Javier Hernandez Hernandez(individually), Javier Hernandez Hernandez(on behalf of others similarly situated ), David Perez Carrillo(individually), David Perez Carrillo(on behalf of others similarly situated), Timoteo Perez Hernandez(individually), Timoteo Perez Hernandez(on behalf of others similarly situated), Euclides Veloz(on behalf of others similarly situated)..(Faillace, Michael) |
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| 6 | 6
service
Request for Issuance of Summons
Fri 08/21 1:01 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Heron Gutierrez, re:1 Complaint,,. Document filed by Carlos Baten Ramirez(on behalf of others similarly situated), Carlos Baten Ramirez(individually), Javier Hernandez Hernandez(individually), Javier Hernandez Hernandez(on behalf of others similarly situated ), David Perez Carrillo(individually), David Perez Carrillo(on behalf of others similarly situated), Timoteo Perez Hernandez(individually), Timoteo Perez Hernandez(on behalf of others similarly situated), Euclides Veloz(on behalf of others similarly situated), Euclides Veloz(individually)..(Faillace, Michael) |
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| 5 | 5
service
Request for Issuance of Summons
Fri 08/21 1:00 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Anthony Avellino, re:1 Complaint,,. Document filed by Carlos Baten Ramirez(on behalf of others similarly situated), Carlos Baten Ramirez(individually), Javier Hernandez Hernandez(individually), Javier Hernandez Hernandez(on behalf of others similarly situated ), David Perez Carrillo(individually), David Perez Carrillo(on behalf of others similarly situated), Timoteo Perez Hernandez(individually), Timoteo Perez Hernandez(on behalf of others similarly situated), Euclides Veloz(on behalf of others similarly situated), Euclides Veloz(individually)..(Faillace, Michael) |
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| 4 | 4
service
Request for Issuance of Summons
Fri 08/21 12:58 PM
REQUEST FOR ISSUANCE OF SUMMONS as to AAM Restaurant LLC, re:1 Complaint,,. Document filed by Carlos Baten Ramirez(on behalf of others similarly situated), Carlos Baten Ramirez(individually), Javier Hernandez Hernandez(individually), Javier Hernandez Hernandez(on behalf of others similarly situated ), David Perez Carrillo(individually), David Perez Carrillo(on behalf of others similarly situated), Timoteo Perez Hernandez(individually), Timoteo Perez Hernandez(on behalf of others similarly situated), Euclides Veloz(on behalf of others similarly situated), Euclides Veloz(individually)..(Faillace, Michael) |
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| Thursday, June 25, 2020 | ||
| 3 | 3
notice
Notice of Appearance
Thu 06/25 10:09 AM
NOTICE OF APPEARANCE by Clela Alice Errington on behalf of Carlos Baten Ramirez(on behalf of others similarly situated), Carlos Baten Ramirez(individually), Javier Hernandez Hernandez(individually), Javier Hernandez Hernandez(on behalf of others similarly situated ), Timoteo Perez Hernandez(individually), Timoteo Perez Hernandez(on behalf of others similarly situated), Euclides Veloz(on behalf of others similarly situated), Euclides Veloz(individually)..(Errington, Clela) |
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| Friday, June 19, 2020 | ||
| 2 | 2
misc
Civil Cover Sheet
Fri 06/19 1:44 PM
CIVIL COVER SHEET filed..(Faillace, Michael) |
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misc
Notice to Attorney to Submit/File Civil Cover Sheet
Fri 06/19 8:50 AM
***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Michael Antonio Faillace. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc) |
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notice
Case Opening Initial Assignment Notice
Fri 06/19 8:52 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. Please download and review the Individual Practices of the assigned District Judge, located at[LINK: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[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(pc) |
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utility
Case Designation
Fri 06/19 8:52 AM
Magistrate Judge Katharine H. Parker 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:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (pc) |
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utility
Case Designated ECF
Fri 06/19 8:52 AM
Case Designated ECF. (pc) |
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| Thursday, June 18, 2020 | ||
| 1 | 1
cmp
Complaint
Thu 06/18 5:04 PM
COMPLAINT against AAM Restaurant LLC, Mohammad Ali Mirbod, Anthony Avellino, Heron Gutierrez, Marc Mohammad Mirbod. (Filing Fee $ 400.00, Receipt Number ANYSDC-20322993)Document filed by Euclides Veloz(on behalf of others similarly situated), David Perez Carrillo(individually), Javier Hernandez Hernandez(individually), Timoteo Perez Hernandez(individually), Carlos Baten Ramirez(on behalf of others similarly situated), Javier Hernandez Hernandez(on behalf of others similarly situated ), Carlos Baten Ramirez(individually), David Perez Carrillo(on behalf of others similarly situated), Timoteo Perez Hernandez(on behalf of others similarly situated), Euclides Veloz(individually)..(Faillace, Michael) |
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