Case details

Court: nysd
Docket #: 1:14-cv-06211
Case Name: Reyes v. TK Restaurant Corp. et al
PACER case #: 430848
Date filed: 2014-08-06
Date terminated: 2015-03-27
Assigned to: Judge Vernon S. Broderick
Referred to: Magistrate Judge Sarah Netburn (Settlement)
Case Cause: 15:1938 Fair Labor Standards Act
Nature of Suit: 710 Labor: Fair Standards
Jury Demand: None
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Celso Reyes
Plaintiff
Michael Antonio Faillace
Michael Faillace & Associates, P.C. 60 East 42nd Street Suite 2540 New York, NY 10165 212-317-1200 Fax: 212-317-1200 Email: faillace@employmentcompliance.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Shawn Raymond Clark
Michael Faillace & Associates, P.C 60 East 42nd Street, Suite 2020 New York, NY 10165 212-317-1200 Fax: 212-317-1620 Email: sclark@faillacelaw.com
ATTORNEY TO BE NOTICED

TK Restaurant Corp.
Defendant
doing business asSquare Diner
Raymond Nardo
Law Office of Raymond Nardo 129 Third Street Mineola, NY 11501 (516)248-2121 Email: raymondnardo@gmail.com
ATTORNEY TO BE NOTICED

Theodore Karoumos
Defendant
Raymond Nardo
(See above for address)
ATTORNEY TO BE NOTICED

John Doe
Defendant
Raymond Nardo
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2014-08-06 1 0 COMPLAINT against John Doe, Theodore Karoumos, TK Restaurant Corp.. (Filing Fee $ 350.00, Receipt Number 01102030)Document filed by Celso Reyes.(Kaliakina, Tatiana) (Entered: 08/07/2014)
2014-08-06 2 0 CIVIL COVER SHEET filed. (Kaliakina, Tatiana) (Entered: 08/07/2014)
2014-08-21 3 0 AFFIDAVIT OF SERVICE. TK Restaurant Corp. served on 8/8/2014, answer due 8/29/2014. Document filed by Celso Reyes. (Faillace, Michael) (Entered: 08/21/2014)
2014-08-21 4 0 AFFIDAVIT OF SERVICE. Theodore Karoumos served on 8/8/2014, answer due 8/29/2014. Document filed by Celso Reyes. (Faillace, Michael) (Entered: 08/21/2014)
2014-08-21 5 0 AFFIDAVIT OF SERVICE. John Doe served on 8/8/2014, answer due 8/29/2014. Document filed by Celso Reyes. (Faillace, Michael) (Entered: 08/21/2014)
2014-08-29 6 0 NOTICE OF APPEARANCE by Raymond Nardo on behalf of Theodore Karoumos, TK Restaurant Corp.. (Nardo, Raymond) (Entered: 08/29/2014)
2014-08-29 7 0 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Theodore Karoumos, TK Restaurant Corp..(Nardo, Raymond) (Entered: 08/29/2014)
2014-09-03 8 0 STIPULATION EXTENDING DEFENDANTS' TIME TO RESPOND TO COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the respective parties that, defendants' time to respond to the complaint in the above matter is hereby extended through September 29, 2014 and that defendants waive any defects in service of process. (Signed by Judge Vernon S. Broderick on 9/3/2014) (djc) (Entered: 09/03/2014)
2014-09-23 9 0 LETTER MOTION for Conference re: 1 Complaint Pre-Motion Conference to File a Motion to Dismiss or Limited Discovery followed by a Motion for Summary Judgment addressed to Judge Vernon S. Broderick from RAYMOND NARDO dated 09/23/2014. Document filed by John Doe, Theodore Karoumos, TK Restaurant Corp..(Nardo, Raymond) (Entered: 09/23/2014)
2014-09-25 10 0 ORDER granting 9 Letter Motion for Conference. Application granted. The parties are directed to appear for a pre-motion conference on October 22, 2014 at 12:15 p.m. in Courtroom 518 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. Pre-Motion Conference set for 10/22/2014 at 12:15 PM in Courtroom 518, 40 Centre Street, New York, NY 10007 before Judge Vernon S. Broderick. (Signed by Judge Vernon S. Broderick on 9/25/2014) (lmb) (Entered: 09/25/2014)
2014-10-20 11 0 ORDER: By letter dated September 23, 2014, Defendants requested a pre-motion conference to file a motion to dismiss the complaint, or in the alternative, for limited discovery, followed by a motion for summary judgment. (Doc. 9.) On September 25, 2014, I directed the parties to appear for a pre-motion conference on October 22, 2014 at 12:15 p.m. in Courtroom 518 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. To date, Plaintiff has not filed a letter response to Defendants' moving letter, in accordance with Rule 4.A of my Individual Rules. Plaintiff is hereby directed to file a letter response on or before October 21, 2014. SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/20/2014) (ama) (Entered: 10/20/2014)
2014-10-21 12 0 NOTICE OF APPEARANCE by Shawn Raymond Clark on behalf of Celso Reyes. (Clark, Shawn) (Entered: 10/21/2014)
2014-10-21 13 0 LETTER RESPONSE in Opposition to Motion addressed to Judge Vernon S. Broderick from Shawn Clark dated 10/21/2014 re: 9 LETTER MOTION for Conference re: 1 Complaint Pre-Motion Conference to File a Motion to Dismiss or Limited Discovery followed by a Motion for Summary Judgment addressed to Judge Vernon S. Broderick from RAYMOND NARDO dated 09/23/2014. . Document filed by Celso Reyes. (Clark, Shawn) (Entered: 10/21/2014)
2014-10-24 14 0 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, pursuant to 28 U.S.C. ยง 636(c). This case is to be tried to a jury. The parties have conferred and their present best estimate of the length of trial is 3 days. Amended Pleadings due by 11/24/2014. Joinder of Parties due by 11/24/2014. Deposition due by 2/23/2015. Fact Discovery due by 2/23/2015. Discovery due by 2/23/2015. Status Conference set for 3/18/2015 at 10:00 AM before Judge Vernon S. Broderick. (Signed by Judge Vernon S. Broderick on 10/24/2014) (lmb) (Entered: 10/24/2014)
2014-10-24 15 0 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Sarah Netburn. (Signed by Judge Vernon S. Broderick on 10/24/2014) (lmb) (Entered: 10/24/2014)
2014-10-27 16 0 ORDER: On October 24, 2014, the Honorable Vernon S. Broderick referred this matter to my docket for settlement. The parties are directed to contact Courtroom Deputy Joseph Mendieta at (212) 805-0286 to schedule a settlement conference for a time when they believe it would be productive, but no later than February 23, 2015. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 10/27/2014) (ajs) (Entered: 10/27/2014)
2014-11-06 17 0 ANSWER to 1 Complaint. Document filed by John Doe, Theodore Karoumos, TK Restaurant Corp..(Nardo, Raymond) (Entered: 11/06/2014)
2015-01-16 18 0 SETTLEMENT CONFERENCE ORDER: A settlement conference is scheduled for Friday, January 23, 2015 at 2:30 p.m. in Courtroom 219, Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. The parties are directed to review and comply with the Procedures for Cases Referred for Settlement to Magistrate Judge Sarah Netburn, a copy of which is available on the Court's website at http://www.nysd.uscourts.gov/judge/Netburn. The parties are strongly encouraged to engage in good faith settlement negotiations before the settlement conference and preferably before the submission to the Court of the Ex Parte Settlement Letter, which is to be submitted by Wednesday, January 21, 2015. Should the parties resolve the litigation before the conference date, they must notify the Court in writing immediately. SO ORDERED. Settlement Conference set for 1/23/2015 at 02:30 PM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn. (Signed by Magistrate Judge Sarah Netburn on 1/16/2015) (ajs) (Entered: 01/16/2015)
2015-03-25 19 0 LETTER MOTION to Adjourn Conference in light of Settlement addressed to Judge Vernon S. Broderick from Shawn Clark dated March 25, 2015. Document filed by Celso Reyes. (Attachments: # 1 Stipulation of Dismissal)(Clark, Shawn) (Entered: 03/25/2015)
2015-03-25 20 0 ORDER granting 19 Letter Motion to Adjourn Conference. ORDERED that if the parties wish to resolve the case by a stipulation under Federal Rule ofCivil Procedure 41(a)(1)(A)(ii), they shall submit the stipulation by April 10, 2015. To the extent that the parties seek judicial approval of their settlement, however, they shall submit to the Court by the same date either (1) a joint letter setting forth their views as to why their settlement is fair and should be approved, or (2) the attached consent form, permitting them to proceed before Magistrate Judge Netburn with a fairness hearing. Should the parties wish to proceed with a fairness hearing, they must also file on ECF by April 10, 2015, a motion to approve the settlement. The case management conference scheduled for April 1, 2015 at 10:30 a.m. is hereby adjourned sine die. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/25/2015) (ama) (Entered: 03/26/2015)
2015-03-27 21 0 STIPULATION OF DISCONTINUANCE: IT IS HEREBY STIPULATED and agreed, by and between the undersigned attorneys for the parties, that the Complaint and any and all claims that were or could have been asserted in this action by any party are hereby dismissed in their entirety, with prejudice, and with each party to bear its own costs, expenses, disbursements, and attorneys' fees. (Signed by Judge Vernon S. Broderick on 3/27/2015) (lmb) (Entered: 03/27/2015)