Rojas v. DP Hospitality Group, LLC et al
| New York Southern District Court | |
| Judge: | Katherine Polk Failla |
| Case #: | 1:24-cv-00772 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:201 Fair Labor Standards Act |
| Case Filed: | Feb 02, 2024 |
| Last checked: Wednesday Jul 31, 2024 7:49 AM EDT |
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Defendant
Brookyln Chophouse Times Square,LLC
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Represented By
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Defendant
Robert (Don Pooh) Cummins
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Represented By
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Defendant
DP Hospitality Group, LLC
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Represented By
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Defendant
Stratis Morfogen
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Represented By
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Defendant
David Thomas
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Represented By
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Plaintiff
Erick Rojas
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Represented By
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| Docket last updated: 5 hours ago |
| Wednesday, April 23, 2025 | ||
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minutes
Pre-Motion Conference
Wed 04/23 3:25 PM
Minute Entry for proceedings held before Judge Katherine Polk Failla: Pre-Motion Conference held on 4/23/2025. Attorney Lucas Colin Buzzard and Daniel Maimon Kirschenbaum representing Plaintiff present. Attorney Dog Phuong Van Nguyen representing Defendant present. Plaintiff's motion for summary judgment is due by 5/30/2025; Defendant's opposition is due by 7/7/2025; and Plaintiff's reply is due by 7/21/2025. (Court Reporter recorded) (tn) |
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| Thursday, April 03, 2025 | ||
| 35 | 35
2
pgs
order
Order on Motion to Adjourn Conference
Thu 04/03 4:40 PM
ORDER granting34 Letter Motion to Adjourn Conference. Application GRANTED. The conference scheduled for April 16, 2025, is adjourned to April 23, 2025, at 2:30 p.m. The Clerk of Court is directed to terminate the pending motion at docket entry 34. Telephone Conference set for 4/23/2025 at 02:30 PM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 4/3/2025) (rro) |
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| Wednesday, April 02, 2025 | ||
| 34 | 34
motion
Adjourn Conference
Wed 04/02 3:22 PM
LETTER MOTION to Adjourn Conference scheduled for April 16, 2025 addressed to Judge Katherine Polk Failla from Lucas C. Buzzard dated April 2, 2025. Document filed by Erick Rojas..(Buzzard, Lucas) |
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| Wednesday, March 26, 2025 | ||
| 33 | 33
4
pgs
order
Order on Motion for Conference
Wed 03/26 4:43 PM
ORDER granting31 Letter Motion for Conference. The parties are hereby ORDERED to appear for a telephone conference regarding the proposed summary judgment motion on April 16, 2025, at 11:30 a.m. The dial-in information is as follows: At 11:30 a.m., the parties shall call (855) 244-8681 and enter access code 2315 780 7370. Please note, the conference will not be available prior to 11:30 a.m. The Clerk of Court is directed to terminate the pending motion at docket entry 31. SO ORDERED. Telephone Conference set for 4/16/2025 at 11:30 AM before Judge Katherine Polk Failla.. (Signed by Judge Katherine Polk Failla on 3/26/2025) (jjc) |
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| Friday, March 21, 2025 | ||
| 32 | 32
misc
Letter
Fri 03/21 6:42 PM
LETTER addressed to Judge Katherine Polk Failla from Dong Phuong V. Nguyen dated March 21, 2025 re: Plaintiff's request for conference relating to anticipated motion for summary judgment. Document filed by Brookyln Chophouse Times Square,LLC, Robert (Don Pooh) Cummins, DP Hospitality Group, LLC, Stratis Morfogen, David Thomas..(Nguyen, Dong Phuong) |
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| Tuesday, March 18, 2025 | ||
| 31 | 31
motion
Conference
Tue 03/18 8:08 PM
LETTER MOTION for Conference on Plaintiff's Anticipated Motion for Partial Summary Judgment addressed to Judge Katherine Polk Failla from Lucas C. Buzzard dated March 18, 2025. Document filed by Erick Rojas..(Buzzard, Lucas) |
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| Thursday, February 27, 2025 | ||
| 30 | 30
2
pgs
order
Order on Motion for Extension of Time to Complete Discovery
Thu 02/27 4:06 PM
ORDER granting29 Letter Motion for Extension of Time to Complete Discovery. Application GRANTED. The Court will file the parties' revised case management plan under separate cover. After the close of fact discovery, the parties shall file, on or before March 31, 2025, a status update indicating whether they would like to be referred for a settlement conference before Magistrate Judge Valerie Figueredo at that time or proceed to a post-fact conference in this Court. The Clerk of Court is directed to terminate the pending motion at docketentry 29. (Signed by Judge Katherine Polk Failla on 2/27/2025) (rro) |
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| Wednesday, February 26, 2025 | ||
| 29 | 29
motion
Extension of Time to Complete Discovery
Wed 02/26 4:51 PM
LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Katherine Polk Failla from Lucas C. Buzzard dated February 26, 2025. Document filed by Erick Rojas..(Buzzard, Lucas) |
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Att: 1
Exhibit A (Proposed Amended Case Management Plan)
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| Wednesday, February 19, 2025 | ||
| 28 | 28
2
pgs
order
Order on Motion for Discovery Order on Motion for Local Rule 37.2 Conference
Wed 02/19 2:47 PM
MEMO ENDORSEMENT on27 denying as moot25 Letter Motion for Discovery; denying as moot25 Letter Motion for Local Rule 37.2 Conference. ENDORSEMENT: The Court has reviewed the parties' submissions at docket entries 25, 26, and 27. In light of those submissions, Plaintiff's letter motion for discovery is DENIED as moot. The Clerk of Court is directed to terminate the pending motion at docket entry 25. (Signed by Judge Katherine Polk Failla on 2/19/2025) (rro) |
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| Tuesday, February 18, 2025 | ||
| 27 | 27
misc
Letter
Tue 02/18 9:12 PM
LETTER addressed to Judge Katherine Polk Failla from Lucas C. Buzzard dated February 18, 2024 re: the Parties' discovery dispute. Document filed by Erick Rojas..(Buzzard, Lucas) |
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| 26 | 26
respm
Response in Opposition to Motion
Tue 02/18 6:34 PM
LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Dong Phuong V. Nguyen, Esq. dated February 18, 2025 re:25 LETTER MOTION for Discovery addressed to Judge Katherine Polk Failla from Lucas C. Buzzard dated February 12, 2024. LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Katherine Polk Failla from Lucas C. Buzzard dated February 12, 2024. . Document filed by DP Hospitality Group, LLC, Brookyln Chophouse Times Square,LLC, David Thomas, Stratis Morfogen, Robert (Don Pooh) Cummins..(Nguyen, Dong Phuong) |
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| Wednesday, February 12, 2025 | ||
| 25 | 25
motion
Discovery Local Rule 37.2 Conference
Wed 02/12 11:14 AM
LETTER MOTION for Discovery addressed to Judge Katherine Polk Failla from Lucas C. Buzzard dated February 12, 2024., LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Katherine Polk Failla from Lucas C. Buzzard dated February 12, 2024. Document filed by Erick Rojas..(Buzzard, Lucas) |
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Att: 1
Exhibit A (Interrogatory Responses),
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Att: 2
Exhibit B (Document Request Respones)
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| Friday, January 17, 2025 | ||
| 24 | 24
order
Scheduling Order
Fri 01/17 12:05 PM
CIVIL 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. 28 U.S.C. § 636(c). This case is to be tried to a jury. Deposition due by 2/15/2025. Fact Discovery due by 3/3/2025. Counsel for the parties have conferred and the present best estimate of the length of trial is 2-3 days. SO ORDERED (Signed by Judge Katherine Polk Failla on 1/17/2025) (ks) |
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| 23 | 23
2
pgs
order
Order on Motion for Extension of Time to Complete Discovery
Fri 01/17 12:02 PM
ORDER granting22 Letter Motion for Extension of Time to Complete Discovery. Application GRANTED. The Court will file the parties' revised case management plan under separate cover. The Clerk of Court is directed to terminate the pending motion at docket entry 22. SO ORDERED. (Signed by Judge Katherine Polk Failla on 1/17/2025) (ks) |
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| Thursday, January 16, 2025 | ||
| 22 | 22
motion
Extension of Time to Complete Discovery
Thu 01/16 3:42 PM
FIRST LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Katherine Polk Failla from Brian Pete of LEWIS BRISBOIS BISGAARD & SMITH LLP dated January 16, 2025. Document filed by DP Hospitality Group, LLC, Brookyln Chophouse Times Square,LLC, David Thomas, Stratis Morfogen, Robert (Don Pooh) Cummins..(Nguyen, Dong Phuong) |
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Att: 1
Exhibit A - Civil Case Management Plan and Scheduling Order
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| Monday, September 09, 2024 | ||
| 21 | 21
order
Case Management Plan
Mon 09/09 3:14 PM
CIVIL 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. 28 U.S.C. § 636(c). Settlement discussions have taken place. This case is to be tried to a jury. Counsel for the parties have conferred and the present best estimate of the length of trial is 2-3 days. Deposition due by 12/31/2024. Fact Discovery due by 1/31/2025. (Signed by Judge Katherine Polk Failla on 9/9/2024) (sgz) |
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| 20 | 20
order
Memo Endorsement
Mon 09/09 3:09 PM
MEMO ENDORSEMENT on re:19 Letter filed by Erick Rojas. ENDORSEMENT: The Court is in receipt of the parties' above joint letter and accompanying proposed case management plan (Dkt. #19). The Court understands from the above letter that the parties wish to proceed directly to discovery. Accordingly, the initial pretrial conference currently scheduled for September 11, 2024, is hereby ADJOURNED sine die. The Court will issue the parties' case management plan under separate cover. In lieu of a post-fact conference, the Court will refer the parties to a Magistrate Judge on or before January 3, 2025, for a settlement conference after depositions have been completed. SO ORDERED. (Signed by Judge Katherine Polk Failla on 9/9/2024) (sgz) |
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| Thursday, September 05, 2024 | ||
| 19 | 19
misc
Letter
Thu 09/05 3:58 PM
JOINT LETTER addressed to Judge Katherine Polk Failla from Lucas C. Buzzard dated September 5, 2024 re: initial pretrial conference. Document filed by Erick Rojas..(Buzzard, Lucas) |
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Att: 1
Exhibit Proposed Case Management Plan
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| Monday, August 12, 2024 | ||
| 18 | 18
3
pgs
order
Order for Initial Pretrial Conference
Mon 08/12 3:40 PM
NOTICE OF INITIAL PRETRIAL CONFERENCE: In light of the unsuccessful mediation held in this matter, Initial Conference set for 9/11/2024 at 03:30 PM before Judge Katherine Polk Failla. At the appointed time, the parties are to call (888) 363-4749 and enter access code lease note that the conference will not be available until 3:30 p.m. (Signed by Judge Katherine Polk Failla on 8/12/2024) (tro) |
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| Monday, June 10, 2024 | ||
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adr
Mediation Conference Scheduled
Mon 06/10 10:38 AM
FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 7/19/2024 at 10:00 AM in telephone or video conference.(sni) |
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| Friday, May 31, 2024 | ||
| 16 | 16
notice
Notice of Appearance
Fri 05/31 10:45 AM
NOTICE OF APPEARANCE by Brian Pete on behalf of Brookyln Chophouse Times Square,LLC, Robert (Don Pooh) Cummins, DP Hospitality Group, LLC, Stratis Morfogen, David Thomas..(Pete, Brian) |
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| 15 | 15
notice
Notice of Appearance
Fri 05/31 10:39 AM
NOTICE OF APPEARANCE by Dong Phuong Van Nguyen on behalf of Brookyln Chophouse Times Square,LLC, Robert (Don Pooh) Cummins, DP Hospitality Group, LLC, Stratis Morfogen, David Thomas..(Nguyen, Dong Phuong) |
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| Tuesday, May 14, 2024 | ||
| 14 | 14
2
pgs
order
Order on Motion to Compel
Tue 05/14 12:22 PM
ORDER granting13 Letter Motion to Compel. Application GRANTED as follows: Defendants are hereby ORDERED to obtain new counsel, or to file a letter on the docket regarding the status of their efforts to obtain new counsel, on or before June 14, 2024. Within thirty days of the appearance of new counsel for Defendants, the parties are hereby ORDERED to meet and confer with the assigned mediator for the purposes of scheduling a date for the completion of pre-mediation discovery and the subsequent court-ordered mediation. The Clerk of Court is directed to terminate the pending motion at docket entry 13. SO ORDERED. (Signed by Judge Katherine Polk Failla on 5/14/2024) (jca) |
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| Monday, May 13, 2024 | ||
| 13 | 13
motion
Compel
Mon 05/13 12:12 PM
LETTER MOTION to Compel Defendants to to confirm they have secured new counsel, produce pre-mediation court-ordered discovery, and schedule mediation addressed to Judge Katherine Polk Failla from Lucas C. Buzzard dated May 13, 2024. Document filed by Erick Rojas..(Buzzard, Lucas) |
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| Wednesday, April 10, 2024 | ||
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adr
Notice of Mediator Assignment
Wed 04/10 11:31 AM
NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 5/10/2024.(sge) |
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| Monday, April 08, 2024 | ||
| 12 | 12
2
pgs
order
Order of Automatic Referral to Mediation
Mon 04/08 4:00 PM
ORDER OF AUTOMATIC REFERRAL TO MEDIATION (See M-10-468 Second Amended Standing Order). Please reference the Pilot Discovery Protocols, attached, and the Mediation Program Procedures (https://nysd.uscourts.gov/programs/mediation-adr). E-mail MediationOffice@nysd.uscourts.gov, telephone 212-805-0643. Mediator to be Assigned by 4/22/2024. (Signed by Judge Katherine Polk Failla on 12/10/2019) (rpr) |
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| Monday, April 01, 2024 | ||
| 11 | 11
notice
Notice of Appearance
Mon 04/01 1:55 PM
NOTICE OF APPEARANCE by Lucas Colin Buzzard on behalf of Erick Rojas..(Buzzard, Lucas) |
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| Wednesday, March 27, 2024 | ||
| 10 | 10
answer
Answer to Complaint
Wed 03/27 3:31 PM
ANSWER to1 Complaint,. Document filed by Brookyln Chophouse Times Square,LLC, Robert (Don Pooh) Cummins, DP Hospitality Group, LLC, Stratis Morfogen, David Thomas..(Lieberman, Hamutal) |
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| 9 | 9
misc
Rule 7.1 Corporate Disclosure Statement
Wed 03/27 3:30 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Brookyln Chophouse Times Square,LLC..(Lieberman, Hamutal) |
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| 8 | 8
misc
Rule 7.1 Corporate Disclosure Statement
Wed 03/27 3:29 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by DP Hospitality Group, LLC..(Lieberman, Hamutal) |
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| 7 | 7
notice
Notice of Appearance
Wed 03/27 3:26 PM
NOTICE OF APPEARANCE by Hamutal Lieberman on behalf of David Thomas..(Lieberman, Hamutal) |
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| 6 | 6
notice
Notice of Appearance
Wed 03/27 3:25 PM
NOTICE OF APPEARANCE by Hamutal Lieberman on behalf of Brookyln Chophouse Times Square,LLC, Robert (Don Pooh) Cummins, DP Hospitality Group, LLC, Stratis Morfogen..(Lieberman, Hamutal) |
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| Friday, March 15, 2024 | ||
| 5 | 5
service
Summons Returned Executed
Fri 03/15 12:39 PM
SUMMONS RETURNED EXECUTED. Brookyln Chophouse Times Square,LLC served on 2/7/2024, answer due 2/28/2024; Robert (Don Pooh) Cummins served on 2/15/2024, answer due 3/7/2024; DP Hospitality Group, LLC served on 2/7/2024, answer due 2/28/2024; Stratis Morfogen served on 2/15/2024, answer due 3/7/2024; David Thomas served on 2/15/2024, answer due 3/7/2024. Service was accepted by Dessa Hendry( Registered Agent) and Ildi Zilahy(co-worker). Document filed by Erick Rojas..(Kirschenbaum, Daniel) |
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Att: 1
Affidavit Summons Returned upon Defendant,
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Att: 2
Affidavit Summons Returned upon Defendnant,
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Att: 3
Affidavit Summons Returned upon Defendant
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| Monday, February 05, 2024 | ||
| 4 | 4
service
Summons Issued
Mon 02/05 11:55 AM
ELECTRONIC SUMMONS ISSUED as to Brookyln Chophouse Times Square,LLC, Robert (Don Pooh) Cummins, DP Hospitality Group, LLC, Stratis Morfogen, David Thomas. (vf) |
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misc
Notice to Attorney Regarding Party Modification
Mon 02/05 11:48 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Daniel Maimon Kirschenbaum. The party information for the following party/parties has been modified: DP Hospitality Group, LLC. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted. (vf) |
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misc
Notice to Attorney Regarding Deficient Civil Cover Sheet
Mon 02/05 11:48 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Daniel Maimon Kirschenbaum to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): The Form is Blank. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (vf) |
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notice
Case Opening Initial Assignment Notice
Mon 02/05 11:51 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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] ..(vf) |
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utility
Case Designation
Mon 02/05 11:51 AM
Magistrate Judge Valerie Figueredo is designated to handle matters that may be referred in this case. 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] . (vf) |
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utility
Case Designated ECF
Mon 02/05 11:51 AM
Case Designated ECF. (vf) |
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| Friday, February 02, 2024 | ||
| 3 | 3
service
Request for Issuance of Summons
Fri 02/02 12:53 PM
REQUEST FOR ISSUANCE OF SUMMONS as to DP Hospitality Gruop, LLC, Brooklyn Chophouse Time Square, LLC, David Thomas, Stratis Morfogen, Robert (Don Pooh) Cummins, re:1 Complaint,. Document filed by Erick Rojas..(Kirschenbaum, Daniel) |
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| 2 | 2
misc
Civil Cover Sheet
Fri 02/02 12:49 PM
CIVIL COVER SHEET filed..(Kirschenbaum, Daniel) |
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| 1 | 1
7
pgs
cmp
Complaint
Fri 02/02 12:47 PM
COMPLAINT against Brookyln Chophouse Times Square,LLC, Robert (Don Pooh) Cummins, DP Hospitality Group, LLC, Stratis Morfogen, David Thomas. (Filing Fee $ 405.00, Receipt Number ANYSDC-28896475)Document filed by Erick Rojas..(Kirschenbaum, Daniel) |
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