Carbonel v. C & S Deli Grocery Inc. et al
| New York Eastern District Court | |
| Judge: | Vera M Scanlon |
| Referred: | Vera M Scanlon |
| Case #: | 1:23-cv-00032 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 15:2(a) Fair Labor Standards Act |
| Case Filed: | Jan 03, 2023 |
| Terminated: | Mar 04, 2024 |
| Last checked: Sunday Jul 02, 2023 5:17 AM EDT |
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Defendant
Chris Chino
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Defendant
Fermin Chino
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Defendant
CHINOS CORNER DELI & GROCERY, INC.
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Represented By
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Plaintiff
Viviana Carbonel
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Represented By
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| TERMINATED PARTIES | |
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Defendant
C & S Deli Grocery Inc.
Terminated: 02/27/2023
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| Docket last updated: 05/23/2025 11:59 PM EDT |
| Monday, March 04, 2024 | ||
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order
Order(Other)
Mon 03/04 3:46 PM
ORDER. The Clerk of Court is directed to close this case. Ordered by Magistrate Judge Vera M. Scanlon on 3/4/2024. (JR) |
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order
~Util - Terminate Civil Case
Tue 03/05 11:58 AM
Civil Case Terminated. (See Order dated 3/4/2024) (SG) |
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| Monday, February 19, 2024 | ||
| 26 | 26
misc
Stipulation of Dismissal
Mon 02/19 3:50 PM
STIPULATION of Dismissal by Viviana Carbonel (Stillman, Lina) |
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| Wednesday, February 14, 2024 | ||
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order
1 - Terminate Deadlines Status Report Order
Wed 02/14 1:25 AM
ORDER. The parties failed to comply with the 1/15/2024 deadline to file a stipulation of dismissal. The parties must comply by 2/22/2024. Ordered by Magistrate Judge Vera M. Scanlon on 2/14/2024. (GS) |
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| Thursday, December 14, 2023 | ||
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order
Order on Motion for Settlement Status Report Order
Thu 12/14 4:47 PM
ORDER. The joint motion for settlement approval at ECF No.23 is granted. For the reasons stated on the record on 11/7/2023 and based on the submission at ECF No.23 , the Court approves the settlement agreement as fair and reasonable under Cheeks v. Freeport Pancake House, Inc. , 796 F.3d 199 (2d Cir. 2015). The factors for assessing the fairness and reasonableness of settlement agreements pursuant to Cheeks , which are set forth in Wolinsky v. Scholastic Inc. , 900 F. Supp. 2d 332, 335 (S.D.N.Y. 2012), weigh in favor of approving the settlement agreement. The first factor is "the plaintiff's range of possible recovery." Wolinsky , 900 F. Supp. 2d at 335. Here, Plaintiff's counsel has "computed [Plaintiff's] entire FLSA damages to be $30,465, a sum that includes allegedly unpaid wages and liquidated damages." See ECF No. 23 at 2. The total settlement amount is $28,000.00. This is an excellent percentage of Plaintiff's maximum possible recovery. The second factor is "the extent to which the settlement will enable the parties to avoid anticipated burdens and expenses in establishing their respective claims and defenses." Wolinsky , 900 F. Supp. 2d at 335 (internal quotation omitted). Here, Defendants "adamantly deny the claimed hours of work" and claim that there "were large periods of time when [Plaintiff] worked limited days/hours." See ECF No. 23 at 2. The settlement agreement will enable the parties to avoid incurring additional costs of further litigation, including continued discovery, dispositive motion practice, and trial. See id. As to the third factor, which is "the seriousness of the litigation risks faced by the parties," Wolinsky , 900 F. Supp. 2d at 335, both Plaintiffs and Defendants would face significant risks in pursuing further litigation, given the unresolved disputes as to the number of hours that Plaintiffs worked. See ECF No. 23 at 2. If the litigation proceeded, Plaintiff would have faced a significant risk of a lower recovery than she will receive in the settlement. The fourth factor is "whether the settlement agreement is the product of arm's-length bargaining between experienced counsel," Wolinsky , 900 F. Supp. 2d at 335 (internal quotation omitted). Here, the parties state that "Plaintiffs counsel zealously advocated on behalf of his client from the inception of this matter through negotiating the amount of the settlement to memorializing the terms of same. The Agreement constitutes an effort by experienced labor and employment counsel for both Parties to resolve the dispute under the best possible circumstances for their respective client." See ECF No. 23 at 4. The Court sees no reason to disagree with the parties' characterizations of the settlement efforts. The final factor is the possibility of fraud or collusion, Wolinsky , 900 F. Supp. 2d at 335; there is no evidence of fraud or collusion here. The attorneys' fees and costs outlined in the settlement agreement are reasonable. See Fisher v. SD Protection Inc. , 948 F.3d 593, 600 (2d Cir. 2020) (citations omitted). Plaintiffs' counsel seeks $9,884.40, which is one-third of the total settlement, plus costs. See ECF No. 23 at 4. Courts have found a one-third contingency fee to be reasonable. See Quispev. Stone & Tile Inc. , 583 F. Supp. 3d 372, 380 (E.D.N.Y. 2022) (noting that "[c]ontingency fees of one-third in FLSA cases are routinely approved in this Circuit") (internal quotations & citations omitted). The settlement agreement does not contain any of the problematic provisions outlined in Cheeks or its progeny that might preclude approval of otherwise acceptable agreements, such as highly restrictive confidentiality agreements, overbroad releases, unsupported attorneys' fee awards and restrictions on attorneys' future representations. See Cheeks , 796 F.3d at 206 (citations omitted). Plaintiff participated in the conference. In response to the Court's inquiries, Plaintiff confirmed that she is satisfied with the settlement and its terms, including the amount of the settlement and the payment of fees to her attorney. Given that the terms of the agreement satisfy Cheeks and that Plaintiff understands and is satisfied with the agreement, the settlement agreement is approved as fair and reasonable. The parties are directed to file a stipulation of dismissal with prejudice at their earliest convenience, and no later than 1/15/2024. Ordered by Magistrate Judge Vera M. Scanlon on 12/14/2023. (GS) |
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| Wednesday, November 08, 2023 | ||
| 25 | 25
misc
Consent to Jurisdiction by US Magistrate Judge
Wed 11/08 11:45 AM
CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge Vera M. Scanlon for all further proceedings. Judge Orelia E. Merchant 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. (TPL) |
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utility
Case No Longer Referred
Wed 11/08 11:35 AM
Case no longer referred to Magistrate Judge Vera M. Scanlon. (TPL) |
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| Tuesday, November 07, 2023 | ||
| 24 | 24
misc
Consent to Jurisdiction by US Magistrate Judge
Tue 11/07 4:57 PM
CONSENT to Jurisdiction by US Magistrate Judge by Viviana Carbonel. (Stillman, Lina) |
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minutes
Telephone Conference 1 - Terminate Deadlines
Tue 11/07 4:43 PM
Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon: Telephonic Fairness Hearing held on 11/7/2023. Lina Stillman appeared for Plaintiff. Heriberto A. Cabrera appeared for Defendants. Plaintiff Viviana Carbonel appeared with the assistance of interpreter Steven Maldonado. (FTR Log #3:12-3:50.) (GS) |
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| Friday, November 03, 2023 | ||
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order
Order Referring Motion
Fri 11/03 4:37 PM
ORDER REFERRING MOTION: The parties' motion for settlement approval pursuant to Cheeks v. Freeport Pancake House, Inc. , 796 F.3d 199 (2d Cir. 2015) is hereby respectfully referred to Magistrate Judge Scanlon. So Ordered by Judge Orelia E. Merchant on 11/3/2023. (MM) |
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| Thursday, November 02, 2023 | ||
| 23 | 23
motion
Settlement
Thu 11/02 3:41 PM
First MOTION for Settlement Pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), by Viviana Carbonel. (Stillman, Lina) |
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Att: 1
Exhibit Executed Settlement Agreement,
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Att: 2
Exhibit Agreement Translated and signed by Plaintiff in Spanish,
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Att: 3
Exhibit Attorney Contemporaneous Billing Hours,
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Att: 4
Exhibit Damages Calculations,
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Att: 5
Exhibit Invoice for Service,
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Att: 6
Exhibit Invoice for Service 2,
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Att: 7
Exhibit Invoice for Service 3,
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Att: 8
Exhibit Retainer Agreement,
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Att: 9
Exhibit Retainer Agreement in English
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| Monday, October 02, 2023 | ||
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order
Order on Motion for Extension of Time to File 1 - Terminate Deadlines and Hearings Scheduling Order
Mon 10/02 4:40 PM
ORDER. The joint motion at22 is granted. The 10/24/2023 telephonic fairness hearing is rescheduled for 11/7/2023 at 3:00 PM. The parties are to call 877-336-1829 and type in the access code 3581283 for the AT&T conference bridge. The deadline to file a joint motion for judicial approval of the proposed settlement is extended to 10/31/2023. (The parties are reminded to refer to the document attached at ECF No.21 for instructions.) Ordered by Magistrate Judge Vera M. Scanlon on 10/2/2023. (GS) |
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| Wednesday, September 27, 2023 | ||
| 22 | 22
motion
Extension of Time to File Document
Wed 09/27 10:23 AM
First MOTION for Extension of Time to File Settlement documents by Chris Chino, Fermin Chino. (Cabrera, Heriberto) |
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| Monday, September 18, 2023 | ||
| 21 | 21
order
Scheduling Order
Mon 09/18 10:28 PM
SCHEDULING ORDER: The Court is in receipt of the parties' notice at20 that they have reached a settlement. Pursuant to Cheeks v. Freeport Pancake House, Inc. , 796 F.3d 199 (2d Cir. 2015), a Telephonic Fairness Hearing is scheduled for 10/24/2023 at 2:30 PM before Magistrate Judge Vera M. Scanlon. The parties are to call 877-336-1829 and type in the access code 3581283 for the AT&T conference bridge. In addition to counsel for all parties, the participation of Plaintiff is required. Counsel must organize to have an interpreter appear for any party that requires one. On or before 10/16/2023, the parties must file on ECF a joint motion for judicial approval of the proposed settlement that includes the proposed settlement agreement and a letter brief (see attached Order for additional details). Ordered by Magistrate Judge Vera M. Scanlon on 9/18/2023. (GS) |
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| Thursday, September 14, 2023 | ||
| 20 | 20
notice
Notice of Settlement
Thu 09/14 10:51 AM
NOTICE of Settlement by Viviana Carbonel (Stillman, Lina) |
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| Wednesday, September 13, 2023 | ||
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adr
Report of Mediation(Settled/Unsettled)
Wed 09/13 4:21 PM
REPORT of Mediation Settled. Both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be submitted within two weeks following mediation session.Mediation Report due by 9/27/2023. (DS) |
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| Monday, July 17, 2023 | ||
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adr
Selection of Mediator
Mon 07/17 2:38 PM
SELECTION OF MEDIATOR James A. Brown selected as Mediator. Date Time and Location in-person/remote: September 13, 2023 at 10 a.m. . Fourteen days on or before the session date, counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation. For more details on the submission, please consult Local Civil Rule 83.8(b)(4). Attendance is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. The Confidentiality Stipulation (in-person or remote) must be signed at or before the initial mediation session by all participants and the Mediator and returned via e-mail to nyed_adr@nyed.uscourts.gov. The Mediators contact information can be found on the docket sheet. Within fourteen days of the conclusion of the mediation, both parties must submit a Mediation Report. (DS) |
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| Tuesday, July 11, 2023 | ||
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adr
Mediation Instructions
Tue 07/11 4:21 PM
MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place (in-person or remote) of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. The Confidentiality Stipulation (in-person or remote) must be signed at or before the initial mediation session by all participants and the Mediator and returned via e-mail to nyed_adr@nyed.uscourts.gov. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be submitted within two weeks following mediation session. (DS) |
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| Friday, July 07, 2023 | ||
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order
Order on Motion to Request Mediation Mediation Status Report Order
Fri 07/07 1:38 PM
ORDER: The request at19 for a referral to Court-annexed mediation is granted. Selection of Mediator is due by 7/21/2023. The parties will complete mediation by 8/4/2023. On or before 8/8/2023, the parties will file a joint status letter as to the outcome of mediation. Ordered by Magistrate Judge Vera M. Scanlon on 7/7/2023. (MG) |
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| Thursday, July 06, 2023 | ||
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utility
Case Assigned/Reassigned
Thu 07/06 11:41 AM
Case Reassigned to Judge Orelia E. Merchant. Judge Pamela K. Chen no longer assigned to the 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. (ML) |
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| Tuesday, July 04, 2023 | ||
| 19 | 19
misc
Status Report
Tue 07/04 10:07 AM
STATUS REPORT by Viviana Carbonel (Stillman, Lina) |
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| Wednesday, June 21, 2023 | ||
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order
1 - Terminate Deadlines Status Report Order
Wed 06/21 3:28 PM
ORDER: Counsel failed to file the compliance report required by the 1/21/2023 Order. The report is due 6/28/2023. The Court has mailed a copy of this Order, the 1/21/2023 Order and attachment, and the docket sheet to Fermin Chino and Chris Chino at 2923 Fort Hamilton Pkwy., Brooklyn, NY 11218. c/m . Ordered by Magistrate Judge Vera M. Scanlon on 6/21/2023. (MG) |
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| Friday, April 28, 2023 | ||
| 18 | 18
answer
Answer to Amended Complaint
Fri 04/28 3:23 PM
ANSWER to11 Amended Complaint by CHINOS CORNER DELI & GROCERY, INC.. (Cabrera, Heriberto) |
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| Thursday, April 13, 2023 | ||
| 17 | 17
service
Summons Returned Executed
Thu 04/13 2:00 PM
SUMMONS Returned Executed by Viviana Carbonel. Chris Chino served on 4/10/2023, answer due 5/1/2023. (Stillman, Lina) |
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| 16 | 16
service
Summons Returned Executed
Thu 04/13 1:59 PM
SUMMONS Returned Executed by Viviana Carbonel. Fermin Chino served on 4/10/2023, answer due 5/1/2023. (Stillman, Lina) |
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| Wednesday, April 12, 2023 | ||
| 15 | 15
service
Summons Returned Executed
Wed 04/12 2:21 PM
SUMMONS Returned Executed by Viviana Carbonel. CHINOS CORNER DELI & GROCERY, INC. served on 4/7/2023, answer due 4/28/2023. (Stillman, Lina) |
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| Tuesday, April 11, 2023 | ||
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order
Status Report Order
Tue 04/11 5:43 PM
ORDER. Plaintiff has failed to serve the summons and complaint within 90 days. By 4/21/2023, Plaintiff must show cause in writing as to why this action should not be dismissed for failure to complete service. Ordered by Magistrate Judge Vera M. Scanlon on 4/11/2023. (GS) |
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| Thursday, April 06, 2023 | ||
| 14 | 14
service
Summons Issued
Thu 04/06 3:10 PM
AMENDED Summons Issued as to CHINOS CORNER DELI & GROCERY, INC.. (ML) |
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| Saturday, April 01, 2023 | ||
| 13 | 13
misc
Proposed Summons/Civil Cover Sheet
Sat 04/01 7:38 PM
Proposed Summons. Re11 Amended Complaint by Viviana Carbonel (Stillman, Lina) |
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| Wednesday, March 01, 2023 | ||
| 12 | 12
misc
Proposed Summons/Civil Cover Sheet
Wed 03/01 11:55 AM
Proposed Summons. Re11 Amended Complaint by Viviana Carbonel (Stillman, Lina) |
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| Friday, February 24, 2023 | ||
| 11 | 11
cmp
Amended Complaint
Fri 02/24 6:27 PM
AMENDED COMPLAINT to replace corporate defendant to CHINOS CORNER DELI & GROCERY, INC. against Chris Chino, Fermin Chino, CHINOS CORNER DELI & GROCERY, INC., filed by Viviana Carbonel. (Stillman, Lina) |
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| Saturday, January 21, 2023 | ||
| 10 | 10
service
Summons Returned Executed
Sat 01/21 1:53 PM
SUMMONS Returned Executed by Viviana Carbonel. Fermin Chino served on 1/19/2023, answer due 2/9/2023. (Stillman, Lina) |
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| 9 | 9
service
Summons Returned Executed
Sat 01/21 1:51 PM
SUMMONS Returned Executed by Viviana Carbonel. Chris Chino served on 1/19/2023, answer due 2/9/2023. (Stillman, Lina) |
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| 8 | 8
order
Status Report Order
Sat 01/21 12:35 PM
STATUS REPORT ORDER: As set forth in the attached Order, on or before 6/5/2023, the parties in this FLSA action will file a joint status report regarding the outcome of their compliance with the herein instructions for preliminary discovery and informal settlement discussions. In addition to appearing parties' submission of the joint status report as directed herein, in the event that any Defendant has not answered or otherwise appeared, Plaintiff must also mail a copy of this Order, its attachment and the full docket to the last known mailing address for such Defendant and file proof on ECF by the status report filing date. Ordered by Magistrate Judge Vera M. Scanlon on 1/21/2023. (GS) |
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| Wednesday, January 18, 2023 | ||
| 7 | 7
service
Summons Returned Executed
Wed 01/18 10:53 AM
SUMMONS Returned Executed by Viviana Carbonel. C & S Deli Grocery Inc. served on 1/9/2023, answer due 1/30/2023. (Stillman, Lina) |
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| Friday, January 06, 2023 | ||
| 6 | 6
service
Summons Issued
Fri 01/06 11:30 AM
Summons Issued as to C & S Deli Grocery Inc., Chris Chino, Fermin Chino. (KD) |
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| 5 | 5
misc
Quality Control Check - Attorney Case Opening
Fri 01/06 11:23 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
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| 4 | 4
misc
Clerks Notice of Rule 73
Fri 01/06 11:22 AM
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. (KD) |
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utility
Case Assigned/Reassigned
Fri 01/06 11:21 AM
Case Assigned to Judge Pamela K. Chen and Magistrate Judge Vera M. Scanlon. 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. (KD) |
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| Tuesday, January 03, 2023 | ||
| 3 | 3
misc
Proposed Summons/Civil Cover Sheet
Tue 01/03 6:19 PM
Civil Cover Sheet.. by Viviana Carbonel (Stillman, Lina) |
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| 2 | 2
misc
Proposed Summons/Civil Cover Sheet
Tue 01/03 6:07 PM
Proposed Summons. by Viviana Carbonel (Stillman, Lina) |
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| 1 | 1
cmp
Complaint
Tue 01/03 4:11 PM
COMPLAINT against C & S Deli Grocery Inc., Chris Chino, Fermin Chino filing fee $ 402, receipt number ANYEDC-16272868 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Viviana Carbonel. (Stillman, Lina) |
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