New York Southern District Court
Judge:Philip M Halpern
Case #: 7:22-cv-02786
Nature of Suit710 Labor - Fair Labor Standards Act
Cause29:201 Fair Labor Standards Act
Case Filed:Apr 05, 2022
Terminated:Aug 12, 2022
Last checked: Sunday Oct 02, 2022 6:11 AM EDT
Defendant
The Cheesecake Factory Restaurants, Inc.
Represented By
Anjanette Cabrera
Constangy, Brooks, Smith & Prophete, LLC
contact info
Timothy M Barbetta
Constangy, Brooks, Smith & Prophete, LLP
contact info
Stephen Stecker
Constangy, Brooks & Smith & Prophete, LLC
contact info
Notice Only
Noe Gonzalez
Represented By
Steven John Moser
Moser Law Firm PC
contact info
Plaintiff
Mirian Qquehue
Represented By
Louis Pechman
Pechman Law Group PLLC
contact info
Gianfranco J. Cuadra
Pechman Law Group PLLC
contact info
Plaintiff
Daniel Ramos
Represented By
Louis Pechman
Pechman Law Group PLLC
contact info
Gianfranco J. Cuadra
Pechman Law Group PLLC
contact info


Docket last updated: 10 hours ago
Tuesday, August 30, 2022
18 18 notice Notice of Appearance Tue 08/30 3:20 PM
NOTICE OF APPEARANCE by Timothy M Barbetta on behalf of The Cheesecake Factory Restaurants, Inc...(Barbetta, Timothy)
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Friday, August 19, 2022
17 17 notice Notice of Substitution of Attorney Fri 08/19 8:41 AM
NOTICE of Substitution of Attorney. Old Attorney: Stephen Stecker, New Attorney: Timothy Barbetta, Address: Constangy, Brooks, Smith & Prophete, LLP, 175 Pearl Street, Suite C-402, Brooklyn, New York, 11201, 908-758-2791. Document filed by The Cheesecake Factory Restaurants, Inc...(Barbetta, Timothy)
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Friday, August 12, 2022
15 15 1 pgs order Order Staying Case Fri 08/12 1:56 PM
ORDER STAYING ACTION PENDING ARBITRATION: The parties advised that they "have agreed to stay this case and submit all disputes between them to individual arbitrations in accord with the terms of their respective arbitration agreements." (Doc. 14 at 1). Accordingly, it is HEREBY ORDERED that: 1. This action is STAYED pending the outcome of arbitration; 2. All scheduled conferences or other scheduled court appearances are cancelled; and 3. The Clerk of the Court is respectfully directed to administratively close this case, without prejudice to either party moving by letter motion to reopen the case within thirty days of the conclusion of the arbitration proceedings. SO ORDERED. (Signed by Judge Philip M. Halpern on 8/12/2022) (kv)
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Thursday, August 11, 2022
14 14 misc Proposed Stipulation and Order Thu 08/11 10:02 AM
PROPOSED STIPULATION AND ORDER. Document filed by The Cheesecake Factory Restaurants, Inc...(Stecker, Stephen)
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Monday, August 01, 2022
order Order Mon 08/01 12:05 PM
ORDER: Notwithstanding the referral to mediation, Defendant is directed to respond to the Complaint, in compliance with this Court's Individual Practices, by August 12, 2022. The parties can engage in mediation as this litigation proceeds. (HEREBY ORDERED by Judge Philip M. Halpern) (Text Only Order) (gpb)
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Tuesday, June 21, 2022
12 12 2 pgs order Order on Motion for Extension of Time Tue 06/21 10:59 AM
ORDER granting10 JOINT LETTER MOTION for Extension of Time of the Mediation Deadline and Preservation of Compelling Arbitration. Application granted. The deadline for mediation is extended to and including July 20, 2022. The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 10. (Signed by Judge Philip M. Halpern on 6/21/2022) (jca)
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Tuesday, June 14, 2022
11 11 notice Notice of Appearance Tue 06/14 10:58 AM
NOTICE OF APPEARANCE by Steven John Moser on behalf of Noe Gonzalez..(Moser, Steven)
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Friday, June 03, 2022
10 10 motion Extension of Time Fri 06/03 2:06 PM
JOINT LETTER MOTION for Extension of Time of the Mediation Deadline and Preservation of Compelling Arbitration addressed to Judge Philip M. Halpern from Stephen Stecker dated June 3, 2022. Document filed by The Cheesecake Factory Restaurants, Inc...(Stecker, Stephen)
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Monday, April 25, 2022
adr Notice of Mediator Assignment Mon 04/25 9:25 AM
NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 5/25/2022.(ah)
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Monday, April 18, 2022
9 9 order Mediation Referral Order for Cases Filed Under the Fair Labor Standards Act Mon 04/18 12:13 PM
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 4/28/2022. (Signed by Judge Philip M. Halpern on 2/19/2021) (jpt)
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Thursday, April 14, 2022
8 8 notice Notice of Appearance Thu 04/14 1:46 PM
NOTICE OF APPEARANCE by Stephen Stecker on behalf of The Cheesecake Factory Restaurants, Inc...(Stecker, Stephen)
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7 7 service Waiver of Service Executed Thu 04/14 1:44 PM
WAIVER OF SERVICE RETURNED EXECUTED. The Cheesecake Factory Restaurants, Inc. waiver sent on 4/14/2022, answer due 6/13/2022. Document filed by The Cheesecake Factory Restaurants, Inc...(Cabrera, Anjanette)
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6 6 notice Notice of Appearance Thu 04/14 1:41 PM
NOTICE OF APPEARANCE by Anjanette Cabrera on behalf of The Cheesecake Factory Restaurants, Inc...(Cabrera, Anjanette)
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Wednesday, April 06, 2022
5 5 service Summons Issued Wed 04/06 11:17 AM
ELECTRONIC SUMMONS ISSUED as to The Cheesecake Factory Restaurants, Inc.. (sj)
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4 4 misc Civil Cover Sheet Wed 04/06 11:10 AM
CIVIL COVER SHEET filed..(Cuadra, Gianfranco)
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misc Notice to Attorney Regarding Party Modification Wed 04/06 11:06 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Louis Pechman. The party information for the following party/parties has been modified: Daniel Ramos, Mirian Qquehue. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (sj)
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misc Notice to Attorney Regarding Deficient Civil Cover Sheet Wed 04/06 11:08 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Louis Pechman to RE-FILE Document No. 1 Complaint. The filing is deficient for the following reason(s): the event wrong event type was used to file the civil cover sheet. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (sj)
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misc Notice to Attorney Regarding Case Opening Statistical Error Correction Wed 04/06 11:10 AM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Louis Pechman. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:1938. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:0201. (sj)
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notice Case Opening Initial Assignment Notice Wed 04/06 11:14 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Philip M. Halpern. 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] ..(sj)
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utility Case Designation Wed 04/06 11:15 AM
Magistrate Judge Paul E. Davison 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] . (sj)
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utility Case Designated ECF Wed 04/06 11:15 AM
Case Designated ECF. (sj)
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Tuesday, April 05, 2022
3 3 notice Notice of Appearance Tue 04/05 9:42 AM
NOTICE OF APPEARANCE by Gianfranco J. Cuadra on behalf of Mirian Qquehue, Daniel Ramos..(Cuadra, Gianfranco)
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2 2 service Request for Issuance of Summons Tue 04/05 9:40 AM
REQUEST FOR ISSUANCE OF SUMMONS as to The Cheesecake Factory Restaurants, Inc., re:1 Complaint. Document filed by Mirian Qquehue, Daniel Ramos..(Pechman, Louis)
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1 1 cmp Complaint Tue 04/05 9:28 AM
COMPLAINT against The Cheesecake Factory Restaurants, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25960882)Document filed by Daniel Ramos, Mirian Qquehue..(Pechman, Louis)
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Att: 1 Civil Cover Sheet