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Perez v. Merrick Deli & Grocery, Inc. et al, No. 1:13-cv-05166 (E.D.N.Y.)
Case Title: Perez v. Merrick Deli & Grocery, Inc. et al
Case Type: Civil Case
Court: U.S. District Court for the Eastern District of New York
Index Number(s): 1:2013cv5166, 1:13-cv-05166, 1:13-cv-05166-ILG-JO
Nature of Suit: Labor: Fair Standards
Judge: I. Leo Glasser
Magistrate Judge: James Orenstein
Case Opened: September 17, 2013
Case Closed September 28, 2016
Docket Entries
Date Filed Dkt # Entry Text
Sep 17, 2013 The case of Perez v. Merrick Deli & Grocery, Inc. et al, has been opened in the Eastern District of New York. The case number is 13-cv-5166. PLEASE NOTE: You must pay the case filing fee within seven (7) days. Select the event (Civil Case Filing Fee) and pay online. (Davis, Kimberly)
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Sep 17, 2013 CIVIL CASE FILING FEE: $ 400, receipt number 0207-6438354 (Malecki, Anthony)
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Sep 17, 2013 1 COMPLAINT against Merrick Deli & Grocery, Inc., Hussain S. Mused, filed by Edgar Perez. (Attachments: # 1 Civil Cover Sheet) (Davis, Kimberly) (Entered: 09/17/2013)
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Sep 17, 2013 2 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: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. (Davis, Kimberly) (Entered: 09/17/2013)
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Sep 19, 2013 3 Summons Issued as to Merrick Deli & Grocery, Inc., Hussain S. Mused. (Davis, Kimberly) (Entered: 09/19/2013)
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Nov 14, 2013 4 CONSENT to become party in a collective action. by Edgar Perez (Malecki, Anthony) (Entered: 11/14/2013)
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Dec 16, 2013 5 SUMMONS Returned Executed by Edgar Perez. Merrick Deli & Grocery, Inc. served on 12/10/2013, answer due 12/31/2013. (Malecki, Anthony) (Entered: 12/16/2013)
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Dec 16, 2013 6 SUMMONS Returned Executed by Edgar Perez. Hussain S. Mused served on 12/10/2013, answer due 12/31/2013. (Malecki, Anthony) (Entered: 12/16/2013)
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Jan 7, 2014 ORDER -- A review of the docket entries in this action indicates that the Summons and Complaint was served on all defendants on December 10, 2013, and their answers were due on December 31, 2013, but to date has not been filed. No later than February 4, 2014, one of the following events must occur: (a) the defendants must file their answers, (b) the parties must file a stipulation extending the defendants' time to answer, or (c) the plaintiff must file a request for a certificate of default. If none of the preceding events occurs by the deadline set forth above, I will deem the plaintiff to have abandoned the case and will promptly file a Report and Recommendation urging the assigned District Judge to dismiss the case for failure to prosecute. The plaintiff's counsel is directed to provide a copy of this order to his client and to the defendants. See Fed. R. Civ. P. 41(b). Ordered by Magistrate Judge James Orenstein on 1/7/2014. (Guy, Alicia)
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Jan 21, 2014 7 NOTICE of Appearance by Alexander T. Coleman on behalf of All Plaintiffs (aty to be noticed) (Coleman, Alexander) (Entered: 01/21/2014)
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Jan 24, 2014 8 ANSWER to Complaint by All Defendants. (Bocketti, Phillip) (Entered: 01/24/2014)
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Feb 5, 2014 9 SCHEDULING ORDER: Pursuant to Federal Rule of Civil Procedure 16(a), I order the parties to appear for an initial discovery planning conference on March 11, 2014, at 11:30 a.m. in Courtroom 11D South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. No later than March 7, 2014, the parties must submit, by means of electronic filing on the court's ECF (Electronic Case Filing) system, a joint proposed discovery plan. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 2/5/2014. (Guy, Alicia) (Entered: 02/05/2014)
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Mar 7, 2014 10 Proposed Scheduling Order re Joint Proposed Discovery Plan by Edgar Perez (Malecki, Anthony) (Entered: 03/07/2014)
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Mar 11, 2014 11 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Initial Conference Hearing held on 3/11/2014. SCHEDULING: (1) The next status conference will be held on June 24, 2014, at 10:30 a.m. (2) A pretrial conference will be held on August 26, 2014, at 9:30 a.m. SUMMARY: I will enter a separate case management and scheduling order that reflects, with minor modifications, the deadlines set forth in the parties' joint discovery plan. The parties will confer and by March 25, 2014 will submit a jointly proposed notice to potential opt-in plaintiffs. I invite the parties to contact chambers to schedule a settlement conference as soon as they agree that it would be useful to do so. (Orenstein, James) (Entered: 03/11/2014)
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Mar 11, 2014 12 SCHEDULING ORDER: Deadline for all Rule 26(a)(1) disclosures: March 11, 2014. First request for production of documents and first request for interrogatories due by: April 11, 2014. Deadline for joinder of additional parties and amendment of pleadings: July 11, 2014. Status Conference (with joint status report due two business days in advance): June 24, 2014, at 10:30 a.m. All discovery, including all expert disclosures under Rule 26(a)(2), if any, to be completed by: August 11, 2014. Pretrial Conference (ex parte statements of settlement position due via email two business days in advance): August 26, 2014, at 9:30 a.m. Dispositive motion process started by: September 22, 2014. Joint pretrial order due by: October 20, 2014. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 3/11/2014. (Orenstein, James) (Entered: 03/11/2014)
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Mar 25, 2014 13 NOTICE by Edgar Perez Proposed Notice to Potential Opt-In Plaintiffs (Attachments: # 1 Notice of Pendency of FLSA Lawsuit) (Malecki, Anthony) (Entered: 03/25/2014)
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Mar 25, 2014 14 Letter to Hon. James Orenstein re Proposed Notice to Potential Opt-In Plaintiffs by Edgar Perez (Malecki, Anthony) (Entered: 03/25/2014)
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Mar 26, 2014 ORDER -- The submission of a proposed notice that reflects the input of all parties is overdue. I will allow the defendants one final opportunity to be heard on the matter by submitting any specific objections to the plaintiff's proposed notice by 5:00 p.m. today. Ordered by Magistrate Judge James Orenstein on 3/26/2014. (Orenstein, James)
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Mar 27, 2014 15 Letter no objections by Merrick Deli & Grocery, Inc. (Bocketti, Phillip) (Entered: 03/27/2014)
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Mar 27, 2014 16 Letter no objections by Hussain S. Mused (Bocketti, Phillip) (Entered: 03/27/2014)
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