Guzman v. Tulcingo Deli VI Corp. et al
| New York Eastern District Court | |
| Judge: | Hector Gonzalez |
| Case #: | 1:23-cv-02580 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 15:2(a) Fair Labor Standards Act |
| Case Filed: | Apr 04, 2023 |
| Terminated: | May 16, 2024 |
| Last checked: Friday Oct 13, 2023 5:55 AM EDT |
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Defendant
Alejandro Bravo
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Represented By
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Defendant
David Bravo
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Represented By
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Defendant
Dong Mei Liu
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Represented By
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Defendant
Alicia Pita
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Represented By
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Defendant
Jose Juan Rojas Garcia
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Represented By
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Defendant
Tularcito Bakery LLC
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Represented By
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Defendant
Tularcito Deli, LLC
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Represented By
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Defendant
Tulcingo Deli VI Corp.
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Represented By
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Defendant
Tulcingo Deli VII Corp.
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Represented By
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Plaintiff
Ofelia Guzman
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Represented By
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| Docket last updated: 05/13/2025 11:59 PM EDT |
| Thursday, May 16, 2024 | ||
| 39 | 39
2
pgs
order
Order Dismissing Case
Thu 05/16 2:22 PM
ORDER: For the reasons set forth on the record, the Court grants the parties' joint motion to approve the settlement of Plaintiff's claims, see ECF No.36 , as required by Cheeks v. Freeport Pancake House, Inc. , 796 F.3d 199 (2d Cir. 2015), and so-orders the parties' stipulation of dismissal except as to paragraph (5) concerning the retention of jurisdiction, see ECF No.37 . Ordered by Judge Hector Gonzalez on May 16, 2024. (PN) |
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minutes
Fairness Conference Order on Motion for Settlement
Thu 05/16 2:14 PM
Minute Entry for proceedings held before Judge Hector Gonzalez: Fairness Hearing held on May 16, 2024. Colin Mulholland appeared on behalf of Plaintiff. Oscar Sanchez appeared on behalf of Defendants. Plaintiff's motion for Settlement Approval, See ECF No.36 and Memorandum in Support See ECF No.38 were discussed. The Court granted Plaintiff's motion, in part, for the reasons stated on the record. The Court will not retain jurisdiction over the enforcement of the settlement as indicated in paragraph 2(a) of the agreement. (Court Reporter Charleane Heading.) (PN) |
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| Wednesday, May 08, 2024 | ||
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order
Scheduling Order ~Util - Set Hearings
Wed 05/08 2:54 PM
ORDER: The Court is in receipt of Plaintiff's supplemental submission in support of the motion for Cheeks approval. See ECF No.38 . The parties are directed to appear for a Cheeks hearing on May 16, 2024, at 11:00 A.M. in courtroom 6A South. In addition to the Cheeks motion generally, the parties shall be prepared to address specifically: (i) the calculation of Plaintiff's maximum potential recovery in this action; (ii) the sufficiency of Plaintiff's maximum potential recovery in view of precedent from this Circuit; and (iii) Defendants' potential defenses were litigation to proceed, in particular their position that certain or all Defendants were not joint employers and may not be subject to the Fair Labor Standards Act. Ordered by Judge Hector Gonzalez on 5/8/2024. (PN) |
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| Monday, May 06, 2024 | ||
| 38 | 38
3
pgs
respoth
Memorandum in Support
Mon 05/06 5:39 PM
MEMORANDUM in Support re Status Report Order,,,,,, filed by Ofelia Guzman. (Mulholland, Colin) |
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Att: 1
Revised Damages Chart
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| 37 | 37
misc
Stipulation of Dismissal
Mon 05/06 5:35 PM
STIPULATION of Dismissal (To be So-Ordered) (FLSA Matter) by Ofelia Guzman (Mulholland, Colin) |
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| Monday, April 29, 2024 | ||
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order
Status Report Order
Mon 04/29 1:44 PM
ORDER: In a letter from Plaintiff's counsel seeking Cheeks approval, Plaintiff's counsel represents that Plaintiff "alleges that she could have been entitled to upwards of $83,704.50 in unpaid wages, before liquidated damages and other causes of action if a trier of fact had endorsed Plaintiff's initial recollections of hours of compensable work." See ECF No.36 at 3. Plaintiff's counsel then refers the Court to an exhibit purporting to show "Estimated Damages." See ECF No. [36-2]. But the second page of that exhibit appears to suggest a higher potential recovery, $185,483.28, than that described in the letter. See id. The Court is concerned specifically by the exclusion of liquidated damages in the calculation provided by Plaintiff's counsel, which "undercount[s]" Plaintiff's potential recovery. See Zorn-Hill v. A2B Taxi LLC , No. 18-cv-11165, 2020 WL 5578357, at *4 (S.D.N.Y. Sept. 17, 2020). On or before May 6, 2024, Plaintiff's counsel is directed to file a supplementary letter describing the exhibit docketed at ECF No. [36-2], and shall specifically address how it implicates Plaintiff's maximum potential recovery in this action. Also, on or before May 6, 2024, the parties shall file an executed stipulation of dismissal, which they failed to attach to their motion, so that the Court may so-order it in the event that it approves their settlement. See ECF No. [36-1] at 8. Alternatively, by that same date, Plaintiff may file an accepted offer of judgment that complies with Rule 68. Ordered by Judge Hector Gonzalez on 4/29/2024. (RCM) |
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| Friday, March 29, 2024 | ||
| 36 | 36
motion
Settlement
Fri 03/29 6:53 PM
First MOTION for Settlement Approval under Cheeks v. Freeport by Ofelia Guzman. (Mulholland, Colin) |
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Att: 1
Exhibit Fully Executed Settlement Agreement with Blank Confessions,
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Att: 2
Exhibit Exhibit B Damages Chart,
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Att: 3
Exhibit Lodestar with Invoices
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| Wednesday, February 14, 2024 | ||
| 35 | 35
motion
Extension of Time to Complete Discovery Extension of Time to File Document
Wed 02/14 6:19 PM
MOTION for Extension of Time to Complete Discovery , MOTION for Extension of Time to File Cheeks Motion (On Consent) by Ofelia Guzman. (Mulholland, Colin) |
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order
Order on Motion for Extension of Time to Complete Discovery Order on Motion for Extension of Time to File
Wed 02/14 10:31 PM
ORDER: The Court is in receipt of the correspondence from Plaintiff's counsel indicating that the parties expect to reach final settlement by March 1, 2024. See ECF No.35 . As the Court previously indicated, because neither a joint letter pursuant to Cheeks nor an accepted offer of judgment was filed today, the parties shall now complete discovery. See February 6, 2024, Text Order. The deadline for the completion of all fact discovery, including all depositions, shall be March 29, 2024. The Court will not police how the parties sequence specific fact discovery activities, and the deadline for the completion of fact discovery will not be extended. Ordered by Judge Hector Gonzalez on 2/14/2024. (RCM) |
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| Tuesday, February 06, 2024 | ||
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order
Order on Motion for Extension of Time to File
Tue 02/06 2:14 PM
ORDER: The Court previously ordered the parties to "file either a joint letter that provides a copy of their settlement agreement and enough information for the Court to conduct the fairness review required by Cheeks v. Freeport Pancake House, Inc. , 796 F.3d 199 (2d Cir. 2015), or, alternatively, an accepted offer of judgment that complies with Rule 68." See January 4, 2024, Text Order. The parties failed to comply with that Order. Plaintiff seeks an extension of time "to file a motion to enforce the agreement, combined with a Cheeks motion, notwithstanding the lack of a long form agreement on or before February 23, 2024." See ECF No.34 . The Court denies Plaintiff's letter motion. On or before February 14, 2024, the parties shall either comply with the Court's January 4, 2024, Order or shall file a joint letter updating the Court on the status of discovery in this case. If discovery is incomplete, the parties should expect to complete their remaining discovery obligations according to an accelerated schedule. Ordered by Judge Hector Gonzalez on 2/6/2024. (PN) |
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| Monday, February 05, 2024 | ||
| 34 | 34
motion
Extension of Time to File Document
Mon 02/05 9:39 PM
Second MOTION for Extension of Time to File Cheeks Motion and Leave to File Motion to Enforce by Ofelia Guzman. (Mulholland, Colin) |
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| Thursday, January 04, 2024 | ||
| 33 | 33
motion
Extension of Time to File Document
Thu 01/04 4:09 PM
First MOTION for Extension of Time to File Cheeks Motion (On consent) by Ofelia Guzman. (Mulholland, Colin) |
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order
Order on Motion for Extension of Time to File
Thu 01/04 9:22 PM
ORDER: The Court grants the parties' motion for an extension of time. See ECF No.33 . On or before February 5, 2024, the parties shall file either a joint letter that provides a copy of their settlement agreement and enough information for the Court to conduct the fairness review required by Cheeks v. Freeport Pancake House, Inc. , 796 F.3d 199 (2d Cir. 2015), or, alternatively, an accepted offer of judgment that complies with Rule 68. Ordered by Judge Hector Gonzalez on 1/4/2024. (BH) |
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| Tuesday, December 05, 2023 | ||
| 32 | 32
motion
Extension of Time to File Document
Tue 12/05 2:19 PM
MOTION for Extension of Time to File Fairness Motion (On Consent) by Ofelia Guzman. (Mulholland, Colin) |
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order
Order on Motion for Extension of Time to File
Tue 12/05 2:50 PM
ORDER: Plaintiff has filed a letter representing that the parties have reached a settlement in principle. See ECF No.32 . The Second Circuit has held that, in cases involving claims under the Fair Labor Standards Act, a stipulation of voluntary dismissal is not automatically effective without a court order entered after the district court has assessed the fairness of the settlement. See Cheeks v. Freeport Pancake House, Inc. , 796 F.3d 199 (2d Cir. 2015). On or before January 4, 2024, the parties shall file either a joint letter that provides a copy of their settlement agreement and enough information for the Court to conduct the fairness review required by Cheeks or, alternatively, an accepted offer of judgment that complies with Rule 68. Ordered by Judge Hector Gonzalez on 12/5/2023. (BH) |
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| Tuesday, November 07, 2023 | ||
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adr
Report of Mediation(Settled/Unsettled)
Tue 11/07 2:35 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 11/21/2023. (JR) |
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| Friday, November 03, 2023 | ||
| 31 | 31
misc
Status Report
Fri 11/03 9:34 PM
STATUS REPORT Re: Discovery by Ofelia Guzman (Mulholland, Colin) |
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| Tuesday, October 31, 2023 | ||
| 30 | 30
notice
Notice(Other)
Tue 10/31 12:57 PM
NOTICE by Dong Mei Liu, Jose Juan Rojas Garcia, Tulcingo Deli VII Corp. re29 Letter MOTION to Withdraw as Attorney (Notice of Withdrawal of Letter Motion) (Myers, Albert) |
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order
Order on Motion to Withdraw as Attorney
Tue 10/31 7:13 PM
ORDER: In light of the representation by Defendants' counsel that Defendants Jose Juan Rojas Garcia, Dong Mei Liu, and Tulcingo Deli VII Corp. have resumed communicating with them and that Defendants' counsel is willing to continue representing these Defendants, see ECF No.30 , the Court denies as moot the earlier motion to withdraw by Defendants' counsel, see ECF No.29 . The parties shall complete discovery in accordance with the deadlines in the Court's order dated October 20, 2023. If these Defendants, or any other party, refuse to participate in discovery in good faith, the Court will not hesitate to impose monetary sanctions on the responsible party personally, to order a default judgment against that party, or to impose any other sanctions that the circumstances warrant. Ordered by Judge Hector Gonzalez on 10/31/2023. (BH) |
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| Wednesday, October 25, 2023 | ||
| 29 | 29
motion
Withdraw as Attorney
Wed 10/25 9:54 PM
Letter MOTION to Withdraw as Attorney by Dong Mei Liu, Jose Juan Rojas Garcia, Tulcingo Deli VII Corp.. (Myers, Albert) |
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Att: 1
Exhibit Email to clients 09/18/23,
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Att: 2
Exhibit Email to clients 09/27/23,
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Att: 3
Exhibit Email to clients 10/9/23,
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Att: 4
Exhibit Email to clients 10/10/23(1),
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Att: 5
Exhibit Email to clients 10/10/23(2),
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Att: 6
Exhibit Email to clients 10/20/23
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| Tuesday, October 24, 2023 | ||
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adr
Selection of Mediator
Tue 10/24 9:59 AM
SELECTION OF MEDIATOR James A Brown selected as Mediator. Date Time and Location in-person/remote: November 7, 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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| Friday, October 20, 2023 | ||
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order
Order on Motion for Extension of Time to Complete Discovery
Fri 10/20 3:49 PM
ORDER: In response to the parties' joint discovery update, see ECF No.28 , the Court adjourns the parties' deadline to complete fact discovery until December 11, 2023. The Court will not further extend the parties' deadline to complete discovery in the absence of extremely unusual circumstances demonstrating good cause. The parties shall file a joint letter no longer than five pages that complies with Section IV.A of the Court's Individual Practices raising any discovery disputes on or before November 3, 2023. If Defendants' counsel intends to move to withdraw from representing Defendants Jose Juan Rojas Garcia, Dong Mei Liu, or Tulcingo Deli VII Corp., then Defendants' counsel shall file a letter no longer than five pages on or before October 25, 2023, describing the factual and legal bases for their motion to withdraw. The letter should describe in detail those Defendants' alleged failure to participate in discovery and the efforts by Defendants' counsel to obtain their participation. Any party that intends to move for summary judgment shall file on or before December 26, 2023, a pre-motion letter that complies with Section IV.A of the Court's Individual Practices, including the requirement that the letter must be accompanied by a statement of material facts that complies with Local Civil Rule 56.1. Any party opposing a motion for summary judgment shall file a responsive letter and responsive statement that complies with Local Civil Rule 56.1 on or before January 3, 2024. If no party moves for summary judgment, the parties shall file a jointly proposed pretrial order that complies with Section VI.B of the Court's Individual Practices on or before February 9, 2024. Ordered by Judge Hector Gonzalez on 10/20/2023. (BH) |
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| Wednesday, October 18, 2023 | ||
| 28 | 28
motion
Extension of Time to Complete Discovery
Wed 10/18 5:25 PM
First MOTION for Extension of Time to Complete Discovery and Joint Status Letter by Ofelia Guzman. (Mulholland, Colin) |
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| Wednesday, October 11, 2023 | ||
| 27 | 27
order
Status Report Order
Wed 10/11 10:57 AM
ORDER: The parties shall file on or before October 18, 2023, a joint letter regarding the status of discovery, as further described in the accompanying order. Ordered by Judge Hector Gonzalez on 10/11/2023. (BH) |
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| Wednesday, August 09, 2023 | ||
| 26 | 26
order
Scheduling Order
Wed 08/09 10:33 AM
ORDER: The Court adopts the parties' proposed case management plan, see ECF No.24 , as the Court's scheduling order required by Rule 16(b). Ordered by Judge Hector Gonzalez on 8/9/2023. (BH) |
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order
Order Referring Case to Mediation
Wed 08/09 10:35 AM
ORDER Referring Case to the Court-Annexed Mediation Program: Pursuant to the parties' joint letter and proposed case management plaint, see ECF Nos.24 &25 , the Court refers this case to the Court-Annexed Mediation Program. The parties shall select a mediator by September 8, 2023, and complete their mediation by November 15, 2023. Ordered by Judge Hector Gonzalez on 8/9/2023. (BH) |
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adr
Mediation Instructions
Wed 08/09 3:37 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. (JR) |
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| Tuesday, August 08, 2023 | ||
| 25 | 25
misc
Letter
Tue 08/08 5:43 PM
Letter Joint Letter Re: Proposed Case Managment Order by Ofelia Guzman (Mulholland, Colin) |
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Att: 1
Exhibit Exhibit - Preliminary Estimated Damages
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| 24 | 24
misc
Proposed Scheduling Order
Tue 08/08 5:40 PM
Proposed Scheduling Order by Ofelia Guzman (Mulholland, Colin) |
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| Tuesday, July 25, 2023 | ||
| 23 | 23
answer
Answer to Complaint
Tue 07/25 2:40 PM
ANSWER to1 Complaint, by Dong Mei Liu, Jose Juan Rojas Garcia, Tulcingo Deli VII Corp.. (Myers, Albert) |
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| 22 | 22
answer
Answer to Complaint
Tue 07/25 2:39 PM
ANSWER to1 Complaint, by Alejandro Bravo, David Bravo, Alicia Pita, Tularcito Bakery LLC, Tularcito Deli, LLC, Tulcingo Deli VI Corp.. (Myers, Albert) |
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| 21 | 21
notice
Notice of Appearance
Tue 07/25 2:31 PM
NOTICE of Appearance by Albert M. Myers, III on behalf of All Defendants (aty to be noticed) (Myers, Albert) |
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| Tuesday, July 18, 2023 | ||
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order
Order on Motion to Set Aside Default
Tue 07/18 1:21 PM
ORDER: The Court grants Defendants' motion to vacate the entry of default against them. See ECF No.13 . The relatively short time that has elapsed between when Defendants' answers were due and when Defendants appeared seeking to vacate their default suggests that Defendants' default was not willful and was, as they have said, due to delays in diligently attempting to retain legal counsel. Additionally, Defendants Rojas Garcia and Liu have raised serious questions as to whether Plaintiffs' service of the complaint and summons on them was valid. The relatively short period of delay also suggests that Plaintiff has not been prejudiced, a conclusion that is reinforced by Defendants' representation that Plaintiff has consented to vacating the entry of default. Finally, Defendants have raised potentially meritorious defenses, including but not limited to whether Plaintiff worked at each of the locations at issue in this case, the amount of hours that Plaintiff worked, and whether each Defendant can be considered Plaintiff's employer under the Fair Labor Standards Act and the New York Labor Law. The Clerk of Court is respectfully directed to vacate the certificate of default entered against Defendants. See ECF No.11 . Defendants shall file their answers on or before July 25, 2023. The parties shall file by August 8, 2023, the joint letter and case management plan required by the Court's prior scheduling order. See ECF No.7 . If the parties do not submit a proposed case management plan by that date, then the Court will promptly enter a discovery schedule allowing no more than 90 days for fact discovery without seeking further input from the parties. Ordered by Judge Hector Gonzalez on 7/18/2023. (BH) |
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| Monday, July 17, 2023 | ||
| 20 | 20
misc
Declaration
Mon 07/17 10:12 PM
DECLARATION in Support of Motion to Set Aside Default by Alicia Pita (Sanchez, Oscar) |
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| 19 | 19
misc
Declaration
Mon 07/17 10:08 PM
DECLARATION in Support of Motion to Set Aside Default by Dong Mei Liu (Sanchez, Oscar) |
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| 18 | 18
misc
Declaration
Mon 07/17 10:04 PM
DECLARATION in Support of Motion to Set Aside Default by Jose Juan Rojas Garcia (Sanchez, Oscar) |
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| 17 | 17
misc
Declaration
Mon 07/17 9:52 PM
DECLARATION in Support of Motion to Set Aside Default by Alejandro Bravo (Sanchez, Oscar) |
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| 16 | 16
misc
Declaration
Mon 07/17 9:51 PM
DECLARATION in Support of Motion to Set Aside Default by David Bravo (Sanchez, Oscar) |
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| 15 | 15
motion
Set Aside Default
Mon 07/17 8:46 PM
First MOTION to Set Aside Default Memorandum of Law in Support of Motion to Set Aside Default by Alejandro Bravo, David Bravo, Dong Mei Liu, Alicia Pita, Jose Juan Rojas Garcia, Tularcito Bakery LLC, Tularcito Deli, LLC, Tulcingo Deli VI Corp., Tulcingo Deli VII Corp.. (Sanchez, Oscar) |
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| 14 | 14
misc
Declaration
Mon 07/17 8:40 PM
DECLARATION of Oscar Sanchez, Esq. in Support of Motion to Set Aside Default by Alejandro Bravo, David Bravo, Dong Mei Liu, Alicia Pita, Jose Juan Rojas Garcia, Tularcito Bakery LLC, Tularcito Deli, LLC, Tulcingo Deli VI Corp., Tulcingo Deli VII Corp. (Sanchez, Oscar) |
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Att: 1
Declaration Complaint,
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Att: 2
Declaration Affidavits of Service,
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Att: 3
Declaration Proposed Answer,
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Att: 4
Declaration Proposed Answer
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| 13 | 13
motion
Set Aside Default
Mon 07/17 8:33 PM
First MOTION to Set Aside Default Notice of Motion to Set Aside Default by Alejandro Bravo, David Bravo, Dong Mei Liu, Alicia Pita, Jose Juan Rojas Garcia, Tularcito Bakery LLC, Tularcito Deli, LLC, Tulcingo Deli VI Corp., Tulcingo Deli VII Corp.. (Sanchez, Oscar) |
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| Wednesday, July 05, 2023 | ||
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order
Scheduling Order
Wed 07/05 3:22 PM
ORDER: The Clerk of Court has entered a certificate of default against Defendants, and the Court has set a deadline for Plaintiff to file a motion for default judgment. See ECF No.11 . However, an attorney has since filed a notice of appearance on Defendants' behalf. See ECF No.12 . Defendants shall file a motion on or before July 17, 2023, to set aside their defaults demonstrating that Defendants meet the applicable criteria identified by the Second Circuit: "(1) whether the default was willful; (2) whether setting aside the default would prejudice the adversary; and (3) whether a meritorious defense is presented." Enron Oil Corp. v. Diakuhara , 10 F.3d 90, 96 (2d Cir. 1993). In that motion, Defendants shall also indicate whether Plaintiff consents to setting aside their defaults. Ordered by Judge Hector Gonzalez on 7/5/2023. (BH) |
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| Friday, June 30, 2023 | ||
| 12 | 12
notice
Notice of Appearance
Fri 06/30 2:52 PM
NOTICE of Appearance by Oscar E Sanchez on behalf of All Defendants (aty to be noticed) (Sanchez, Oscar) |
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| Monday, June 26, 2023 | ||
| 11 | 11
order
Clerks Entry of Default
Mon 06/26 3:48 PM
Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Alejandro Bravo, David Bravo, Dong Mei Liu, Alicia Pita, Jose Juan Rojas Garcia, Tularcito Bakery LLC, Tularcito Deli, LLC, Tulcingo Deli VI Corp., Tulcingo Deli VII Corp. has failed to appear or otherwise defend this action, the default of defendant Alejandro Bravo, David Bravo, Dong Mei Liu, Alicia Pita, Jose Juan Rojas Garcia, Tularcito Bakery LLC, Tularcito Deli, LLC, Tulcingo Deli VI Corp., Tulcingo Deli VII Corp. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (JP) |
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order
Scheduling Order
Mon 06/26 6:28 PM
ORDER: Plaintiff shall file a motion on or before July 26, 2023, seeking the entry of a default judgment against Defendants. Plaintiff need not follow the process of filing a pre-motion letter required by Section IV.A of the Court's Individual Practices. In addition to the service requirements of the Federal Rules of Civil Procedure, Plaintiff shall attempt to send, as soon as reasonably possible, this order and the Clerk of Court's certificate of default directly to either each of the Defendants or one of each of the Defendants' attorneys, employees, or other representatives. Plaintiff shall serve the default judgment papers in the same manner as soon as reasonably possible upon filing the motion for default judgment. Within two business days of Plaintiff filing a motion for default judgment, Plaintiff shall file a declaration by Plaintiff's counsel or other knowledgeable person describing Plaintiff's compliance with the service obligations in this order. For the avoidance of doubt, Plaintiff may not satisfy the service obligations in this order with respect to the entity Defendants only by serving the documents described herein on the New York Secretary of State. Ordered by Judge Hector Gonzalez on 6/26/2023. (BH) |
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| Friday, June 16, 2023 | ||
| 10 | 10
misc
Request for Certificate of Default
Fri 06/16 2:43 PM
Request for Certificate of Default by Ofelia Guzman (Mulholland, Colin) |
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Att: 1
Affidavit in Support,
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Att: 2
Exhibit Certificate of Default ALEJANDRO BRAVO,
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Att: 3
Exhibit Certificate of Default Alicia Pita,
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Att: 4
Exhibit Certificate of Default David Bravo,
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Att: 5
Exhibit Certificate of Default DONG MEI LIU,
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Att: 6
Exhibit Certificate of Default Juan Rojas,
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Att: 7
Exhibit Certificate of Default TULARCITO BAKERY LLC,
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Att: 8
Exhibit Certificate of Default TULARCITO DELI, LLC,
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Att: 9
Exhibit Certificate of Default Tulcingo Deli IV,
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Att: 10
Exhibit ertificate of Default TULCINGO DELI VII CORP
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| Saturday, June 03, 2023 | ||
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order
Order(Other)
Sat 06/03 3:24 PM
ORDER: The Court previously ordered the parties to file a joint letter and proposed case management plan on or before June 2, 2023, see ECF No.7 , but the parties have not done so, and Defendants have not entered an appearance, filed an answer, or otherwise responded to Plaintiff's complaint. Plaintiff shall request certificates of default from the Clerk of Court on June 16, 2023, pursuant to Rule 55(a), for each Defendant that has not appeared as of that date. If any representative of Defendants has contacted Plaintiff's counsel since Plaintiff's complaint was filed, Plaintiff's counsel shall inform that person of this order as soon as reasonably possible and shall do so in writing if possible. Ordered by Judge Hector Gonzalez on 6/3/2023. (BH) |
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| Wednesday, May 17, 2023 | ||
| 9 | 9
service
Summons Returned Executed
Wed 05/17 5:32 PM
SUMMONS Returned Executed by Ofelia Guzman. Alejandro Bravo served on 5/6/2023, answer due 5/29/2023; David Bravo served on 5/6/2023, answer due 5/29/2023; Alicia Pita served on 5/6/2023, answer due 5/29/2023. (Mulholland, Colin) |
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Att: 1
Affidavit of Service,
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Att: 2
Affidavit of Service
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| Friday, May 05, 2023 | ||
| 8 | 8
service
Affidavit of Service
Fri 05/05 1:10 PM
AFFIDAVIT of Service for Summons and Complaint - Courtsey Copies Per Court Order served on All Corporate Defendant Entities on 5/5/23, filed by Ofelia Guzman. (Mulholland, Colin) |
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Att: 1
Exhibit USPS Mailing Receipt with Tracking Numbers
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| Friday, April 28, 2023 | ||
| 7 | 7
order
Scheduling Order
Fri 04/28 10:34 AM
SCHEDULING ORDER: Counsel for all parties who have appeared as of June 2, 2023, are directed to file on the docket by that date a joint letter describing the case and a completed civil case management plan, as further described in the attached mandatory requirements. Requests for adjournment of the deadline for these submissions will be considered only if made in writing and otherwise in accordance with Section I.D of the Court's Individual Practices. Plaintiff's counsel shall notify Defendants' counsel of this scheduling order, in writing, as soon as reasonably possible. Although the Court will be amenable to a reasonable extension of Defendants' deadlines to answer or otherwise respond to Plaintiff's complaint, the Court will require the parties to demonstrate additional good cause to adjourn the deadline for filing the joint letter and proposed case management plan required by this order because the Court does not need Defendants' answer(s) to set a discovery schedule. Ordered by Judge Hector Gonzalez on 4/28/2023. (BH) |
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order
Status Report Order
Fri 04/28 10:27 AM
ORDER: The Court has received the affidavits of service filed by Plaintiff, see ECF No.5 , which indicate that Plaintiff served each of the four entity Defendants in this case by delivering copies of Plaintiff's complaint and summonses to the New York Secretary of State. As a courtesy to these Defendants, and to facilitate their prompt appearance, Plaintiff's counsel shall mail a copy of Plaintiff's complaint and a summons to the address for each entity Defendant identified for service of process made available on the Secretary of State's website: https://apps.dos.ny.gov/publicInquiry/. Plaintiff's counsel shall file a declaration on or before May 5, 2023, confirming Plaintiff's compliance with this order or, alternatively, explaining why Plaintiff was unable to comply with this order. If Plaintiff fails to mail copies of Plaintiff's complaint and a summons as required by this order, and any of the entity Defendants eventually enters an untimely appearance, the Court will likely vacate any entry of default or default judgment against that Defendant unless the circumstances unambiguously demonstrate that the Defendant actually received notice of Plaintiff's complaint. Additionally, the Court may decline to award Plaintiff a default judgment against one of the entity Defendants unless Plaintiff can show that the Defendant has received notice of Plaintiff's complaint and has willfully failed to appear. Ordered by Judge Hector Gonzalez on 4/28/2023. (BH) |
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| Thursday, April 27, 2023 | ||
| 6 | 6
misc
Status Report
Thu 04/27 3:15 PM
STATUS REPORT Re: Service of Process by Ofelia Guzman (Mulholland, Colin) |
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| 5 | 5
service
Summons Returned Executed
Thu 04/27 3:09 PM
SUMMONS Returned Executed by Ofelia Guzman. Dong Mei Liu served on 4/19/2023, answer due 5/10/2023; Jose Juan Rojas Garcia served on 4/19/2023, answer due 5/10/2023; Tularcito Bakery LLC served on 4/21/2023, answer due 5/12/2023; Tularcito Deli, LLC served on 4/21/2023, answer due 5/12/2023; Tulcingo Deli VI Corp. served on 4/21/2023, answer due 5/12/2023; Tulcingo Deli VII Corp. served on 4/21/2023, answer due 5/12/2023. (Mulholland, Colin) |
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Att: 1
Affidavit of Service Dong Mei Liu,
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Att: 2
Affidavit of Service Tulcingo Deli VI Corp,
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Att: 3
Affidavit of Service Tularcito Bakery LLC,
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Att: 4
Affidavit of Service Tularcito Deli LLC,
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Att: 5
Affidavit of Service Tulcingo Deli VII Inc.
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| Thursday, April 06, 2023 | ||
| 4 | 4
service
Summons Issued
Thu 04/06 5:11 PM
Summons Issued as to Alejandro Bravo, David Bravo, Dong Mei Liu, Alicia Pita, Jose Juan Rojas Garcia, Tularcito Bakery LLC, Tularcito Deli, LLC, Tulcingo Deli VI Corp., Tulcingo Deli VII Corp.. (KD) |
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| 3 | 3
misc
Quality Control Check - Attorney Case Opening
Thu 04/06 5:06 PM
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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| 2 | 2
misc
Clerks Notice of Rule 73
Thu 04/06 5:05 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. (KD) |
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utility
Case Assigned/Reassigned
Thu 04/06 5:03 PM
Case Assigned to Judge Hector Gonzalez. 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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order
Status Report Order
Thu 04/06 5:19 PM
ORDER: Plaintiff shall file a letter no longer than three pages on or before April 27, 2023, describing Plaintiff's efforts to serve Plaintiff's complaint and a summons on each Defendant. If Plaintiff fails to file the letter required by this order, or if Plaintiff's letter demonstrates a lack of diligence in attempting service, then the Court is unlikely to extend the deadline for Plaintiff to complete service under Rule 4(m) in the absence of unusual circumstances demonstrating good cause. The Court will not extend the deadline for Plaintiff to file the letter required by this order unless Plaintiff requests an extension in accordance with Section I.D of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 4/6/2023. (BH) |
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| Tuesday, April 04, 2023 | ||
| 1 | 1
cmp
Complaint
Tue 04/04 3:29 PM
COMPLAINT against Alejandro Bravo, David Bravo, Dong Mei Liu, Jose Juan Rojas Garcia, Tularcito Bakery LLC, Tularcito Deli, LLC, Tulcingo Deli VI Corp., Tulcingo Deli VII Corp., Alicia Pita filing fee $ 402, receipt number ANYEDC-16567781 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Ofelia Guzman. (Mulholland, Colin) |
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Att: 1
Proposed Summons,
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Att: 2
Civil Cover Sheet
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