Case details

Court: nysd
Docket #: 1:16-cv-02304
Case Name: Marquez et al v. Paciullo
PACER case #: 455411
Date filed: 2016-03-29
Date terminated: 2017-11-13
Assigned to: Magistrate Judge Henry B. Pitman
Case Cause: 29:201 Fair Labor Standards Act
Nature of Suit: 710 Labor: Fair Standards
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Juan Marquez
Plaintiff
On behalf of himself and others similarly situated
Giustino Cilenti
Cilenti & Cooper, P.L.L.C. 708 Third Avenue 6th Flr New York, NY 10017 (212) 209-3933 Fax: (212) 209-7102 Email: jcilenti@jcpclaw.com
ATTORNEY TO BE NOTICED

Robertos Restaurant Corp.
Defendant
doing business asRoberto's Restaurant
Brian C. Kochisarli
Brian C. Kochisarli, P.C. 400 Jericho Tpke Jericho, NY 11753 (516)-859-1077 Fax: (516)-470-1379 Email: bck@dhclegal.com
ATTORNEY TO BE NOTICED

Stanley Kalmon Schlein
Stanley K. Schlein, Esq 481 King Avenue Bronx, NY 10464 (917)-359-3186 Fax: (516)-470-1382 Email: skschlein@gmail.com
ATTORNEY TO BE NOTICED

Roberto Paciullo
Defendant
Brian C. Kochisarli
(See above for address)
ATTORNEY TO BE NOTICED

Stanley Kalmon Schlein
(See above for address)
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2016-03-29 1 0 COMPLAINT against Roberto Paciullo, Robertos Restaurant Corp.. (Filing Fee $ 400.00, Receipt Number 0208-12121273)Document filed by Juan Marquez.(Cilenti, Giustino) (Entered: 03/29/2016)
2016-03-29 2 0 CIVIL COVER SHEET filed. (Cilenti, Giustino) (Entered: 03/29/2016)
2016-03-29 3 0 REQUEST FOR ISSUANCE OF SUMMONS as to Robertos Restaurant Corp., and Roberto Paciullo, re: 1 Complaint. Document filed by Juan Marquez. (Cilenti, Giustino) (Entered: 03/29/2016)
2016-03-30 4 0 ELECTRONIC SUMMONS ISSUED as to Roberto Paciullo, Robertos Restaurant Corp.. (dgo) (Entered: 03/30/2016)
2016-04-26 5 0 AFFIDAVIT OF SERVICE of Summons and Complaint. Robertos Restaurant Corp. served on 4/19/2016, answer due 5/10/2016. Service was accepted by Anthony Ferraro, General Agent. Document filed by Juan Marquez. (Cilenti, Giustino) (Entered: 04/26/2016)
2016-04-26 6 0 AFFIDAVIT OF SERVICE of Summons and Complaint. Roberto Paciullo served on 4/19/2016, answer due 5/10/2016. Service was accepted by Anthony Ferraro, General Agent. Document filed by Juan Marquez. (Cilenti, Giustino) (Entered: 04/26/2016)
2016-06-13 7 0 NOTICE OF APPEARANCE by Brian C. Kochisarli on behalf of Roberto Paciullo, Robertos Restaurant Corp.. (Kochisarli, Brian) (Entered: 06/13/2016)
2016-06-13 8 0 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Robertos Restaurant Corp..(Kochisarli, Brian) (Entered: 06/13/2016)
2016-06-13 9 0 ANSWER to 1 Complaint. Document filed by Roberto Paciullo, Robertos Restaurant Corp..(Kochisarli, Brian) (Entered: 06/13/2016)
2016-06-13 10 0 NOTICE OF APPEARANCE by Stanley Kalmon Schlein on behalf of Roberto Paciullo, Robertos Restaurant Corp.. (Schlein, Stanley) (Entered: 06/13/2016)
2016-06-14 11 0 ORDER AND NOTICE OF INITIAL CONFERENCE: Initial Conference set for 7/7/2016 at 10:30 AM in Courtroom 518, 40 Centre Street, New York, NY 10007 before Judge Vernon S. Broderick. (As further set forth in this Order.) (Signed by Judge Vernon S. Broderick on 6/14/2016) (cf) (Entered: 06/14/2016)
2016-06-30 12 0 INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Document filed by Juan Marquez. (Attachments: # 1 Proposed Civil Case Management Plan)(Cilenti, Giustino) (Entered: 06/30/2016)
2016-07-07 13 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 5 days. Amended Pleadings due by 8/8/2016. Joinder of Parties due by 8/8/2016. Deposition due by 11/7/2016. Fact Discovery due by 11/7/2016. Discovery due by 11/7/2016. Status Conference set for 12/15/2016 at 11:00 AM before Judge Vernon S. Broderick. (Signed by Judge Vernon S. Broderick on 7/7/2016) (lmb) (Entered: 07/07/2016)
2016-10-20 14 0 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Vernon S. Broderick from Justin Cilenti dated October 20, 2016. Document filed by Juan Marquez.(Cilenti, Giustino) (Entered: 10/20/2016)
2016-10-22 15 0 ORDER granting 14 Letter Motion for Extension of Time to Complete Discovery APPLICATION GRANTED. Discovery shall close on January 9, 2017. The post discovery conference scheduled for December 15, 2016 is adjourned to April 13, 2017 at 11:00 a.m. Pre-motion letters in anticipation of any dispositive motion shall be filed on or before April 3, 2017, with response letters due three days thereafter. The parties are to proceed with mediation prior to the post-discovery conference. Discovery due by 1/9/2017.. (Signed by Judge Vernon S. Broderick on 10/21/2016) (tro) (Entered: 10/24/2016)
2016-10-24 16 0 ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program for settlement. The parties are hereby notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 11/3/2016. Mediator Expertise Request due by 10/31/2016. (Signed by Judge Vernon S. Broderick on 10/24/2016) (kl) (Entered: 10/24/2016)
2016-12-22 17 0 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Vernon S. Broderick from Justin Cilenti dated December 22, 2016. Document filed by Juan Marquez.(Cilenti, Giustino) (Entered: 12/22/2016)
2016-12-26 18 0 ORDER granting 17 Letter Motion for Extension of Time to Complete Discovery. APPLICATION GRANTED. SO ORDERED. Discovery due by 3/10/2017. (Signed by Judge Vernon S. Broderick on 12/23/2016) (mro) (Entered: 12/27/2016)
2017-04-11 19 0 CONSENT LETTER MOTION to Adjourn Conference addressed to Judge Vernon S. Broderick from Justin Cilenti dated April 11, 2017. Document filed by Juan Marquez.(Cilenti, Giustino) (Entered: 04/11/2017)
2017-04-13 20 0 ORDER: granting 19 Letter Motion to Adjourn Conference. APPLICATION GRANTED. SO ORDERED. The status conference scheduled for April 13, 2017 is hereby adjourned to April 21, 2017 at 12:30 p.m. Status Conference set for 4/21/2017 at 12:30 PM before Judge Vernon S. Broderick. (Signed by Judge Vernon S. Broderick on 4/13/2017) (ap) (Entered: 04/13/2017)
2017-04-17 21 0 CONSENT LETTER MOTION to Adjourn Conference addressed to Judge Vernon S. Broderick from Justin Cilenti dated April 17, 2017. Document filed by Juan Marquez.(Cilenti, Giustino) (Entered: 04/17/2017)
2017-04-19 22 0 ORDER granting 21 Letter Motion to Adjourn Conference. APPLICATION GRANTED. SO ORDERED. The conference set for April 21, 2017 is adjourned until May 5, 2017 at 12:30 p.m. Status Conference set for 5/5/2017 at 12:30 PM before Judge Vernon S. Broderick. (Signed by Judge Vernon S. Broderick on 4/19/2017) (mro) (Entered: 04/19/2017)
2017-05-19 23 0 JOINT LETTER MOTION for Conference Settlement Conference addressed to Magistrate Judge Henry B. Pitman from Justin Cilenti dated May 19, 2017. Document filed by Juan Marquez.(Cilenti, Giustino) (Entered: 05/19/2017)
2017-06-01 24 0 JOINT LETTER MOTION for Conference Settlement Conference addressed to Magistrate Judge Henry B. Pitman from Justin Cilenti dated June 1, 2017. Document filed by Juan Marquez.(Cilenti, Giustino) (Entered: 06/01/2017)
2017-06-02 25 0 ORDER denying without prejudice 23 Letter Motion for Conference. Judge Broderick has not referred this matter to me to conduct a settlement conference.(HEREBY ORDERED by Magistrate Judge Henry B. Pitman)(Text Only Order) Copies of Notice of Electronic Filing Sent By Chambers. (Pitman, Henry) (Entered: 06/02/2017)
2017-06-05 26 0 STATUS REPORT. Document filed by Juan Marquez.(Cilenti, Giustino) (Entered: 06/05/2017)
2017-06-06 27 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 Henry B. Pitman. (Signed by Judge Vernon S. Broderick on 6/6/2017) (cf) (Entered: 06/06/2017)
2017-08-09 29 0 JOINT LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Henry B. Pitman from Stanley K. Schlein dated August 9, 2017. Document filed by Roberto Paciullo, Robertos Restaurant Corp.. Return Date set for 8/16/2017 at 10:00 AM.(Kochisarli, Brian) (Entered: 08/09/2017)
2017-08-10 30 0 ORDER granting 29 Letter Motion to Adjourn Conference. THE SETTLEMENT CONFERENCE IS ADJOURNED TO 9/8/2017 AT 10:00 AM. (Settlement Conference set for 9/8/2017 at 10:00 AM before Judge Judge Henry B. Pitman.) (Signed by Magistrate Judge Henry B. Pitman on 8/10/2017) (ras) Modified on 8/11/2017 (ras). (Entered: 08/10/2017)
2017-08-14 31 0 CONSENT LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Henry B. Pitman from Justin Cilenti dated August 14, 2017. Document filed by Juan Marquez.(Cilenti, Giustino) (Entered: 08/14/2017)
2017-08-15 32 0 ORDER granting 31 Letter Motion to Adjourn Conference The settlement conference is adjourned to 9-14-17 at 2:30 pm. Settlement Conference set for 9/14/2017 at 02:30 PM before Magistrate Judge Henry B. Pitman. (Signed by Magistrate Judge Henry B. Pitman on 8/15/2017) (mro) (Entered: 08/15/2017)
2017-09-25 33 0 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Juan Marquez, Roberto Paciullo, Robertos Restaurant Corp. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Henry B. Pitman. (Signed by Judge Vernon S. Broderick on 9/25/2017) (rj) (Entered: 09/26/2017)
2017-10-10 34 0 JOINT LETTER addressed to Magistrate Judge Henry B. Pitman from Justin Cilenti dated October 10, 2017 re: Settlement of FLSA Action. Document filed by Juan Marquez. (Attachments: # 1 Settlement Agreement, # 2 Stipulation and Order of Dismissal)(Cilenti, Giustino) (Entered: 10/10/2017)
2017-11-03 35 0 LETTER addressed to Magistrate Judge Henry B. Pitman from Justin Cilenti dated November 3, 2017 re: Supplemental Submission In Support of FLSA Settlement. Document filed by Juan Marquez.(Cilenti, Giustino) (Entered: 11/03/2017)
2017-11-13 36 0 OPINION AND ORDER. For all the foregoing reasons, I approve the settlement in this matter. In light of the settlement, the action is dismissed with prejudice and without costs. The Clerk is respectfully requested to mark this matter closed. So ordered. (Signed by Magistrate Judge Henry B. Pitman on 11/13/2017). Copies transmitted to: All Counsel. (rjm) (Entered: 11/13/2017) 2017-11-14 07:59:23 ae9f360052c27d4f36eccd15729cb15e66932794