New York Eastern District Court
Judge:Eric R Komitee
Referred: Marcia M Henry
Case #: 1:24-cv-06582
Nature of Suit710 Labor - Fair Labor Standards Act
Cause29:201 Denial of Overtime Compensation
Case Filed:Sep 18, 2024
Terminated:Nov 22, 2024
Last checked: Monday Mar 17, 2025 4:30 AM EDT
Defendant
Brighton Express Food Market
Represented By
Alexander R. Klein
Barket Epstein Kearon Aldea & Loturco, LLP
contact info
Danielle Muscatello
Law Office Of Robert Didio
contact info
Defendant
Daniel Shapiro
Represented By
Alexander R. Klein
Barket Epstein Kearon Aldea & Loturco, LLP
contact info
Danielle Muscatello
Law Office Of Robert Didio
contact info
Defendant
Elliot Shapiro
Represented By
Alexander R. Klein
Barket Epstein Kearon Aldea & Loturco, LLP
contact info
Danielle Muscatello
Law Office Of Robert Didio
contact info
Defendant
Joseph Shapiro
Represented By
Alexander R. Klein
Barket Epstein Kearon Aldea & Loturco, LLP
contact info
Danielle Muscatello
Law Office Of Robert Didio
contact info
Plaintiff
Jose Bernardino Severian
Represented By
Michael R. Minkoff
Joseph & Norinsberg, LLC
contact info
Jon L. Norinsberg
Norinsberg Law
contact info
Avraham Y. Scher
Joseph & Norinsberg, LLC
contact info


Docket last updated: 05/26/2025 11:59 PM EDT
Friday, November 22, 2024
order ~Util - Terminate Civil Case Fri 11/22 10:10 PM
Pursuant to the plaintiff's Notice of Discontinuance19 filed on November 21, 2024, all claims and causes of action shall be withdrawn and dismissed without prejudice, without costs, disbursements, or counsel fees as to any party. Civil case terminated. (APJ)
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Thursday, November 21, 2024
19 19 misc Letter Thu 11/21 7:02 PM
Letter Regarding Voluntary Dismissal of Action Without Prejudice by Jose Bernardino Severian (Scher, Avraham)
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Att: 1 Proposed Order A (Notice of Discontinuance),
Att: 2 Exhibit B (Plaintiff's Executed Letter)
18 18 notice Notice of Appearance Thu 11/21 4:13 PM
NOTICE of Appearance by Danielle Muscatello on behalf of Brighton Express Food Market, Daniel Shapiro, Elliot Shapiro, Joseph Shapiro (aty to be noticed) (Muscatello, Danielle)
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16 16 notice Notice of Appearance Thu 11/21 3:57 PM
NOTICE of Appearance by Alexander R. Klein on behalf of Brighton Express Food Market, Daniel Shapiro, Elliot Shapiro, Joseph Shapiro (aty to be noticed) (Klein, Alexander)
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Tuesday, November 19, 2024
15 15 misc Letter Tue 11/19 4:48 PM
Letter requesting teleconference in light of previously filed action by plaintiff by Brighton Express Food Market, Daniel Shapiro, Elliot Shapiro, Joseph Shapiro (Klein, Alexander)
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Thursday, November 07, 2024
14 14 misc Letter Thu 11/07 10:08 AM
Letter Re: Plaintiff's Anticipated Motion for Default Judgment by Jose Bernardino Severian (Scher, Avraham)
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Friday, October 04, 2024
13 13 service Summons Returned Executed Fri 10/04 10:48 AM
SUMMONS Returned Executed by Jose Bernardino Severian. Joseph Shapiro served on 9/30/2024, answer due 10/21/2024. (Scher, Avraham)
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12 12 service Summons Returned Executed Fri 10/04 10:47 AM
SUMMONS Returned Executed by Jose Bernardino Severian. Elliot Shapiro served on 9/30/2024, answer due 10/21/2024. (Scher, Avraham)
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11 11 service Summons Returned Executed Fri 10/04 10:46 AM
SUMMONS Returned Executed by Jose Bernardino Severian. Daniel Shapiro served on 9/30/2024, answer due 10/21/2024. (Scher, Avraham)
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10 10 service Summons Returned Executed Fri 10/04 10:44 AM
SUMMONS Returned Executed by Jose Bernardino Severian. Brighton Express Food Market served on 9/27/2024, answer due 10/18/2024. (Scher, Avraham)
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Thursday, October 03, 2024
order Order(Other) Thu 10/03 4:00 PM
ORDER re1 : Rule 4(m) of the Federal Rules of Civil Procedure requires a plaintiff to serve each defendant within 90 days of filing the Complaint. Fed. R. Civ. P. 4(m). Accordingly, Plaintiff must serve the summons and the Complaint by 12/18/2024 and shall file proof of service by 12/21/2024 . So Ordered by Magistrate Judge Marcia M. Henry on 10/03/2024. (YHW)
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Friday, September 20, 2024
9 9 service Summons Issued Fri 09/20 4:58 PM
Summons Issued as to Brighton Express Food Market, Daniel Shapiro, Elliot Shapiro, Joseph Shapiro. (KD)
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8 8 misc Clerks Notice of Rule 73 Fri 09/20 4:54 PM
Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link:[LINK:https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf] (KD)
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7 7 misc Proposed Summons/Civil Cover Sheet Fri 09/20 3:37 PM
Civil Cover Sheet.. by Jose Bernardino Severian (Scher, Avraham)
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notice Notice: Re: Incomplete Civil Cover Sheet Fri 09/20 7:18 AM
NOTICE! Re Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a corrected Civil Cover Sheet. Please resubmit a corrected Civil Cover Sheet correctly answering the NY-E Division of Business Rule 1(c) Question 1) section on the second page. This is a Notice of Removal from Nassau County, however you answered Yes***The Initial case opening document was filed as a Complaint, not a Notice of Removal. Please Read the questions thoroughly and correctly answer all questions.This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (KD)
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utility Case Assigned/Reassigned Fri 09/20 4:53 PM
Case Assigned to Judge Eric R. Komitee and Magistrate Judge Marcia M. Henry. 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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Thursday, September 19, 2024
6 6 notice Notice of Appearance Thu 09/19 5:35 PM
NOTICE of Appearance by Jon L. Norinsberg on behalf of Jose Bernardino Severian (aty to be noticed) (Norinsberg, Jon)
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5 5 notice Notice of Appearance Thu 09/19 5:19 PM
NOTICE of Appearance by Michael R. Minkoff on behalf of Jose Bernardino Severian (aty to be noticed) (Minkoff, Michael)
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4 4 misc Proposed Summons/Civil Cover Sheet Thu 09/19 5:16 PM
Civil Cover Sheet.. by Jose Bernardino Severian (Scher, Avraham)
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3 3 misc Quality Control Check - Attorney Case Opening Thu 09/19 9:04 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. Please refer to ALL Corrections made on this case SPECIFICALLY THE OTHER SECTION ON THIS QC FORM! (KD)
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notice Notice: Re: Incomplete Civil Cover Sheet Thu 09/19 8:59 AM
NOTICE! Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed 2 Page Form Civil Cover Sheet. Please submit a COMPLETED SECOND PAGE of the Civil Cover Sheet. Use the event Other Documents - Proposed Summons/Civil Cover Sheet to file the completed form. (KD)
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Wednesday, September 18, 2024
2 2 misc Proposed Summons/Civil Cover Sheet Wed 09/18 3:41 PM
Proposed Summons. by JOSE BERNARDINO SEVERIAN (Scher, Avraham)
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1 1 23 pgs cmp Complaint Wed 09/18 3:39 PM
COMPLAINT against BRIGHTON EXPRESS FOOD MARKET d/b/a BRIGHTON FOOD EXPRESS, DANIEL SHAPIRO, ELLIOT SHAPIRO, JOSEPH SHAPIRO filing fee $ 405, receipt number ANYEDC-18294128, filed by JOSE BERNARDINO SEVERIAN. (Scher, Avraham)
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Att: 1 Civil Cover Sheet