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Hernandez v. Habana Room, Inc. et al, No. 1:11-cv-01264 (S.D.N.Y.)
Case Title: Hernandez v. Habana Room, Inc. et al
Case Type: Civil Case
Court: U.S. District Court for the Southern District of New York
Index Number(s): 1:2011cv1264, 1:11-cv-01264, 1:11-cv-01264-RMB-JCF
Nature of Suit: 710 Labor: Fair Standards
Judge: Richard M. Berman
Magistrate Judge: James C. Francis
Case Opened: February 23, 2011
Case Closed September 9, 2014
Docket Entries
Date Filed Dkt # Entry Text
Feb 23, 2011 1 COMPLAINT against Habana Room, Inc., John Does #1-10, Lexington Hotel LLC. (Filing Fee $ 350.00, Receipt Number 930204)Document filed by Gonzalo Hernandez.(ama) (ama). (Entered: 02/25/2011)
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Mar 23, 2011 2 SUMMONS RETURNED EXECUTED. Habana Room, Inc. served on 3/15/2011, answer due 4/5/2011. Service was accepted by Nery Bernard, General Agent. Document filed by Gonzalo Hernandez. (Stein, David) (Entered: 03/23/2011)
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Mar 29, 2011 3 ENDORSED LETTER addressed to Judge Richard M. Berman from David Stein dated 3/28/2011 re: Counsel for plaintiff requests a 48 hour adjournment of the initial pretrial conference. ENDORSEMENT: The initial pre-trial conference on 3/31/11 is adjourned to 4/28/11 at 9:00 a.m. (Initial Conference set for 4/28/2011 at 09:00 AM before Judge Richard M. Berman.) (Signed by Judge Richard M. Berman on 3/29/2011) (tro) Modified on 3/31/2011 (tro). (Entered: 03/30/2011)
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Apr 5, 2011 4 SUMMONS RETURNED EXECUTED. Lexington Hotel LLC served on 3/31/2011, answer due 4/21/2011. Service was accepted by Nora Dindyal, Legal Clerk for Defendant's Authorized Agent. Document filed by Gonzalo Hernandez. (Stein, David) (Entered: 04/05/2011)
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Apr 26, 2011 5 ENDORSED LETTER addressed to Judge Richard M. Berman from David Stein dated April 22, 2011 re: We represent plaintiff Gonzalo Hernandez in the above-captioned matter and write with respect to the initial conference, which presently is scheduled for Thursday, April 28, 2011, at 9:00 a.m., after having been rescheduled at our request from March 31, 2011 because we had not yet effected service on one of the two defendants. ENDORSEMENT: The conference on 4/25/11 is adjourned to 5/18/11 at 9:30 a.m. SO ORDERED. ( Initial Conference set for 5/18/2011 at 09:30 AM before Judge Richard M. Berman.) (Signed by Judge Richard M. Berman on 4/26/2011) (jmi) (Entered: 04/26/2011)
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May 17, 2011 6 FILING ERROR - DEFICIENT DOCKET ENTRY - REQUEST TO ENTER DEFAULT against Habana Room, Inc., and Lexington Hotel LLC. Document filed by Gonzalo Hernandez. (Attachments: # 1 Affidavit of David Stein, # 2 Text of Proposed Order - Clerk's Entry of Default)(Stein, David) Modified on 5/18/2011 (ka). (Entered: 05/17/2011)
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May 17, 2011 7 ENDORSED LETTER addressed to Judge Richard M. Berman from David Stein dated 5/16/11 re: Request to adjourn the 5/18/11 initial conference. ENDORSEMENT: The initial pretrial conference on 5/13/11 is adjourned to 6/28/11 at 9:30 am. ( Initial Conference reset for 6/28/2011 at 09:30 AM before Judge Richard M. Berman.) (Signed by Judge Richard M. Berman on 5/17/11) (cd) (Entered: 05/17/2011)
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May 18, 2011 8 ENDORSED LETTER addressed to Judge Richard M. Berman from Carlos Sainthilaire, dated 5/17/2011, re: My case as detailed above is due to be heard tomorrow May 18th, 2011 and we are keen to offer our defenses as requested, but at this point in time we respectfully need to request more time in order to find an attorney who can appropriately represent us. We sincerely apologize for such short notice, but unfortunately due to not having proper representation, we are here personally to ask for today to be postponed. ENDORSEMENT: The initial pre-trial conference has been adjourned to 6/28/11 at 9:30 a.m. Defendants are directed to appear at the conference with counsel. SO ORDERED. (Initial Conference set for 6/28/2011 at 09:30 AM before Judge Richard M. Berman) (Signed by Judge Richard M. Berman on 5/18/2011) (lnl) (Entered: 05/19/2011)
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Jun 24, 2011 9 ENDORSED LETTER addressed to Judge Richard M. Berman from Carlos Sainthilaire dated 6/23/2011 re: The defendant writes to request an adjournment of the initial pre-trial conference, currently scheduled for 6/28/2011, while they find counsel they can afford. ENDORSEMENT: The initial pre-trial conference on 6/28/2011 is adjourned to 7/20/2011 at 9:30 AM. Final. Defendants are directed to appear with counsel. (Initial Conference set for 7/20/2011 at 09:30 AM before Judge Richard M. Berman.) (Signed by Judge Richard M. Berman on 6/24/2011) (ab) Modified on 6/27/2011 (ab). (Entered: 06/24/2011)
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Jul 20, 2011 10 CASE MANAGEMENT PLAN: Amended Pleadings due by 10/1/2011. Joinder of additional parties due by 10/1/2011. Discovery due by 11/21/2011. Status of settlement discussions set for 11/21/2011 at 09:30 AM with principals before Judge Richard M. Berman. Refer discovery was to magistrate. (Signed by Judge Richard M. Berman on 7/20/11) (laq) (Entered: 07/20/2011)
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Aug 2, 2011 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. NO Corporate Parent. Document filed by Habana Room, Inc..(Wotorson, Ambrose) (Entered: 08/02/2011)
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Aug 2, 2011 12 ANSWER to Complaint. Document filed by Habana Room, Inc..(Wotorson, Ambrose) (Entered: 08/02/2011)
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Oct 4, 2011 13 ENDORSED LETTER addressed to Judge Richard M. Berman from David Stein dated 10/4/2011 re: We represent plaintiff Gonzalo Hernandez in this action and write pursuant to Your Honor's Individual Practices and Local Civ. Rule 37.2 to request a pre-motion conference to resolve a discovery matter. ENDORSEMENT: The parties are directed to take up all discovery issues with United States Magistrate Judge James C. Francis, to whom this matter has been referred. (Signed by Judge Richard M. Berman on 10/4/2011) (lmb) (Entered: 10/04/2011)
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Oct 4, 2011 14 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge James C. Francis. (Signed by Judge Richard M. Berman on 10/4/2011) (lmb) (Entered: 10/04/2011)
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Nov 29, 2011 15 ENDORSED LETTER addressed to Judge Richard M. Berman from Ambrose Wotorson, Jr. dated 11/22/2011 re: We write to request that this Honorable Court reschedule this conference to another date and time. ENDORSEMENT: A settlement conference with principals has been scheduled for 1/23/12 at 9:30 a.m. So ordered. (Settlement Conference set for 1/23/2012 at 09:30 AM before Judge Richard M. Berman.) (Signed by Judge Richard M. Berman on 11/28/2011) (rjm) (Entered: 11/29/2011)
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Dec 23, 2011 16 ORDER: Plaintiff's communication is deemed a letter motion. Defendants shall respond by letter by 12/30/2011. Plaintiff shall submit any reply by 1/4/2012. If either the discovery requests or the responses are found not to have been substantially justified, costs, including reasonable attorneys' fees, will be shifted pursuant to Rule 37 of the Federal Rules of Civil Procedure. (Signed by Magistrate Judge James C. Francis on 12/23/2011) Copies Mailed By Chambers. (ft) (Entered: 12/23/2011)
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Jan 5, 2012 17 ORDER: Plaintiff's counsel having raised certain discovery disputes by letter, and defendants' counsel having responded, it is hereby ORDERED as follows: Defendants have now made an untimely response to plaintiff's document requests but have not produced the documents. Defendants shall produce all non-privileged responsive documents no later than January 9, 2012. To the extent plaintiff considers the defendants' responses inadequate after reviewing the documents and after counsel have met and conferred, plaintiff may make a formal motion for compel and for sanctions. Plaintiff's interrogatories do not conform to Local Civil Rule 33.3, and defendants need not provide further answers. Counsel refer to a proposed amended complaint, but no motion to amend appears on the docket, and no such proposed pleading has been provided to the Court. If the parties do not stipulate to amendment, plaintiff shall make the appropriate motion. (Signed by Magistrate Judge James C. Francis on 1/5/2012) Copies Mailed By Chambers. (mro) (Entered: 01/06/2012)
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Jan 9, 2012 18 Letter addressed to Magistrate Judge James C. Francis IV from David Stein dated 12/22/2011 re: Counsel for Plaintiff writes pursuant to Local Civil Rule 37.2 to request a pre-motion conference to resolve a discovery matter. (pl) (Entered: 01/12/2012)
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Jan 19, 2012 19 MOTION for Extension of Time to Amend Complaint to identify John Doe defendants. Document filed by Gonzalo Hernandez. (Attachments: # 1 Text of Proposed Order)(Stein, David) (Entered: 01/19/2012)
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Jan 19, 2012 20 MEMORANDUM OF LAW in Support re: 19 MOTION for Extension of Time to Amend Complaint to identify John Doe defendants.. Document filed by Gonzalo Hernandez. (Stein, David) (Entered: 01/19/2012)
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