Carrera et al v. Olio Restaurants LLC. et al
| New York Southern District Court | |
| Judge: | Paul G Gardephe |
| Case #: | 1:17-cv-05714 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:201 Fair Labor Standards Act |
| Case Filed: | Jul 27, 2017 |
| Terminated: | Apr 10, 2018 |
| Last checked: Tuesday Jan 23, 2018 3:49 AM EST |
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Defendant
Olio Restaurants LLC.
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Defendant
Dominick Pepe
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Defendant
Emil Stefkov
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Defendant
Why Not My Way LLC
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Plaintiff
Jose Luis Calpeno Guevara
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Represented By
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Plaintiff
Mario Carrera
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Represented By
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| Docket last updated: 1 hours ago |
| Wednesday, February 20, 2019 | ||
| 37 | 37
1
pgs
order
Order on Motion to Withdraw as Attorney
Thu 02/21 9:36 AM
MEMO ENDORSED ORDER granting36 Motion to Withdraw as Attorney. ENDORSEMENT: So Ordered. (Attorney Sara Jacqueline Isaacson terminated.) (Signed by Judge Paul G. Gardephe on 2/19/19) (yv) |
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| Monday, February 18, 2019 | ||
| 36 | 36
motion
Withdraw as Attorney
Mon 02/18 6:54 PM
MOTION for Sara Jacqueline Isaacson to Withdraw as Attorney . Document filed by Jose Luis Calpeno Guevara(on behalf of others similarly situated.), Jose Luis Calpeno Guevara(individually), Mario Carrera(individually), Mario Carrera(On behalf of others similarly situated ).(Isaacson, Sara) |
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| Tuesday, April 10, 2018 | ||
| 35 | 35
order
Stipulation and Order of Voluntary Dismissal
Tue 04/10 5:54 PM
STIPULATION OF DISMISSAL: IT IS HEREBY STIPULATED and agreed, by and between the undersigned attorneys for Plaintiffs and individual defendant Emil Stefkov on behalf of all Defendants, that the above action shall be dismissed with prejudice, and without costs, expenses, disbursements, and attorneys' fees. (Signed by Judge Paul G. Gardephe on 4/10/2018) (cf) |
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misc
Note to Attorney - Document Referred to Judge for Approval
Tue 04/10 3:37 PM
***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Isaacson, Sara Document 34 Stipulation of Voluntary Dismissal, was referred to Judge Paul G. Gardephe for approval. (tro) |
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| Monday, April 09, 2018 | ||
| 34 | 34
misc
Stipulation of Voluntary Dismissal
Mon 04/09 2:29 PM
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Olio Restaurants LLC., Dominick Pepe, Emil Stefkov, Why Not My Way LLC and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Mario Carrera(individually), Jose Luis Calpeno Guevara(on behalf of others similarly situated.), Jose Luis Calpeno Guevara(individually), Mario Carrera(On behalf of others similarly situated ).(Isaacson, Sara) |
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| Tuesday, April 03, 2018 | ||
| 33 | 33
order
Memo Endorsement
Tue 04/03 12:07 PM
MEMO ENDORSEMENT: on re:32 Letter, filed by Mario Carrera, Jose Luis Calpeno Guevara. ENDORSEMENT: The Parties' Settlement Agreement is approved by the Court. The parties will submit a stipulation of discontinuance by April 10, 2018. (Signed by Judge Paul G. Gardephe on 4/3/2018) (ap) |
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| Friday, February 23, 2018 | ||
| 32 | 32
misc
Letter
Fri 02/23 9:50 AM
LETTER addressed to Judge Paul G. Gardephe from Michael Faillace dated February 23, 2018 re: Fairness of Settlement. Document filed by Jose Luis Calpeno Guevara(on behalf of others similarly situated.), Jose Luis Calpeno Guevara(individually), Mario Carrera(individually), Mario Carrera(On behalf of others similarly situated ).(Isaacson, Sara) |
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| Friday, February 16, 2018 | ||
| 31 | 31
2
pgs
order
Order
Fri 02/16 10:28 AM
ORDER: Here, Plaintiffs' counsel has not provided an adequate explanation regarding why the proposed settlement constitutes a fair and reasonable resolution of the dispute. Although counsel has stated that Plaintiffs "estimated that, in a best case scenario, [they] would be entitled to approximately $15,961.31 in minimum and overtime base damages 9$10,545[.] 31 for Plaintiff Carrera and $5,416 for Plaintiff Calpeno), "See joint Ltr. (Dkt. No. 30) at 2, counsel calculated the value of Plaintiffs' minimum wage and overtime claims, liquidated damages claim, and total potential recovery is appropriate, the Court cannot determine whether the proposed settlement is fair and reasonable. Plaintiff's counsel will submit a letter to the Court addressing these issues by February 23, 2018. So Ordered (Signed by Judge Paul G. Gardephe on 2/15/2018) (js) |
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| Thursday, February 08, 2018 | ||
| 30 | 30
misc
Settlement Agreement
Thu 02/08 2:16 PM
SETTLEMENT AGREEMENT and Request for Approval of Settlement Agreement as Fair . Document filed by Jose Luis Calpeno Guevara(on behalf of others similarly situated.), Jose Luis Calpeno Guevara(individually), Mario Carrera(individually), Mario Carrera(On behalf of others similarly situated ).(Isaacson, Sara) |
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Att: 1
15 pgs
Settlement Agreement,
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Att: 2
Billing Records
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| Tuesday, February 06, 2018 | ||
| 29 | 29
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pgs
order
Order on Motion for Extension of Time to File
Tue 02/06 4:25 PM
ORDER: granting28 Letter Motion for Extension of Time to File. The Applictaion is granted. (Signed by Judge Paul G. Gardephe on 2/6/2018) (ap) |
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| Monday, February 05, 2018 | ||
| 28 | 28
motion
Extension of Time to File Document
Mon 02/05 5:11 PM
LETTER MOTION for Extension of Time to File addressed to Judge Paul G. Gardephe from Sara Isaacson dated February 5, 2018. Document filed by Jose Luis Calpeno Guevara(on behalf of others similarly situated.), Jose Luis Calpeno Guevara(individually), Mario Carrera(individually), Mario Carrera(On behalf of others similarly situated ).(Isaacson, Sara) |
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| Tuesday, January 30, 2018 | ||
| 27 | 27
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pgs
order
Order on Motion for Extension of Time to File
Tue 01/30 12:09 PM
ORDER: granting26 Letter Motion for Extension of Time to File extension of the deadline to submit materials in support of the fairness of the settlement. The Application is Granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 1/29/2018) (ama) |
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| Thursday, January 25, 2018 | ||
| 26 | 26
motion
Extension of Time to File Document
Thu 01/25 5:09 PM
LETTER MOTION for Extension of Time to File addressed to Judge Paul G. Gardephe from Sara Isaacson dated January 25, 2018. Document filed by Jose Luis Calpeno Guevara(on behalf of others similarly situated.), Jose Luis Calpeno Guevara(individually), Mario Carrera(individually), Mario Carrera(On behalf of others similarly situated ).(Isaacson, Sara) |
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| Wednesday, January 17, 2018 | ||
| 25 | 25
1
pgs
order
Order on Motion for Extension of Time to File
Wed 01/17 1:17 PM
ORDER granting24 Letter Motion for Extension of Time to File. The Application is granted. (Signed by Judge Paul G. Gardephe on 1/17/2018) (cf) |
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| Friday, January 12, 2018 | ||
| 24 | 24
motion
Extension of Time to File Document
Fri 01/12 12:32 PM
LETTER MOTION for Extension of Time to File addressed to Judge Paul G. Gardephe from Sara Isaacson dated January 12, 2018. Document filed by Jose Luis Calpeno Guevara(on behalf of others similarly situated.), Jose Luis Calpeno Guevara(individually), Mario Carrera(individually), Mario Carrera(On behalf of others similarly situated ).(Isaacson, Sara) |
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| Friday, December 15, 2017 | ||
| 23 | 23
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pgs
order
Order on Motion to Adjourn Conference
Fri 12/15 12:10 PM
ORDER granting22 Letter Motion to Adjourn Conference. The Application is granted. (Signed by Judge Paul G. Gardephe on 12/15/2017) (cf) |
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| Thursday, December 14, 2017 | ||
| 22 | 22
motion
Adjourn Conference
Thu 12/14 3:19 PM
LETTER MOTION to Adjourn Conference addressed to Judge Paul G. Gardephe from Sara Isaacson dated December 14, 2017. Document filed by Jose Luis Calpeno Guevara(on behalf of others similarly situated.), Jose Luis Calpeno Guevara(individually), Mario Carrera(individually), Mario Carrera(On behalf of others similarly situated ).(Isaacson, Sara) |
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| Wednesday, December 13, 2017 | ||
| 21 | 21
motion
Extension of Time to File Document
Wed 12/13 12:21 PM
SECOND LETTER MOTION for Extension of Time to File Motion for Default Judgment addressed to Judge Paul G. Gardephe from Sara Isaacson dated December 13, 2017. Document filed by Jose Luis Calpeno Guevara(on behalf of others similarly situated.), Jose Luis Calpeno Guevara(individually), Mario Carrera(individually), Mario Carrera(On behalf of others similarly situated ).(Isaacson, Sara) |
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| Tuesday, November 28, 2017 | ||
| 20 | 20
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pgs
order
Order on Motion for Extension of Time to File
Tue 11/28 6:14 PM
ORDER granting19 Letter Motion for Extension of Time to File Motion for Default Judgment: The Application is granted. (Signed by Judge Paul G. Gardephe on 11/28/2017) (jwh) |
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utility
Set/Reset Deadlines
Tue 11/28 6:15 PM
Set/Reset Deadlines: Motions due by 12/15/2017. (jwh) |
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| Monday, November 27, 2017 | ||
| 19 | 19
motion
Extension of Time to File Document
Mon 11/27 10:59 AM
LETTER MOTION for Extension of Time to File Motion for Default Judgment addressed to Judge Paul G. Gardephe from Sara Isaacson dated November 27, 2017. Document filed by Jose Luis Calpeno Guevara(on behalf of others similarly situated.), Jose Luis Calpeno Guevara(individually), Mario Carrera(individually), Mario Carrera(On behalf of others similarly situated ).(Isaacson, Sara) |
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| Tuesday, October 31, 2017 | ||
| 18 | 18
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pgs
order
Order on Motion to Adjourn Conference
Wed 11/01 7:54 AM
ORDER granting17 Letter Motion to Adjourn Conference. In an October 31, 2017 letter, Plaintiffs noticed their intention to seek default judgment and requested an adjournment of the initial pretrial conference set for November 9, 2017 sine die. (Dkt. No. 17) Given that none of the Defendants has appeared in this action, it is ORDERED that the initial pretrial conference scheduled for November 9, 2017 is adjourned sine die. It is FURTHER ORDERED that Plaintiffs shall submit a motion for a default judgment-in accordance with this Court's Individual Rules-by December 1, 2017. If Plaintiffs fail to file their motion by that time, this case will be dismissed for failure to prosecute under Fed. R. Civ. P. 41(b). (Signed by Judge Paul G. Gardephe on 10/31/2017) (mro) |
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| 17 | 17
motion
Adjourn Conference
Tue 10/31 2:52 PM
LETTER MOTION to Adjourn Conference addressed to Judge Paul G. Gardephe from Sara J. Isaacson dated October 31, 2017. Document filed by Jose Luis Calpeno Guevara(on behalf of others similarly situated.), Jose Luis Calpeno Guevara(individually), Mario Carrera(individually), Mario Carrera(On behalf of others similarly situated ).(Isaacson, Sara) |
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utility
Set/Reset Deadlines
Wed 11/01 7:55 AM
Set/Reset Deadlines: Motions due by 12/1/2017. (mro) |
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| Sunday, August 20, 2017 | ||
| 16 | 16
service
Affidavit of Service Complaints
Sun 08/20 4:15 PM
AFFIDAVIT OF SERVICE of Summons and Complaint,. Olio Restaurants LLC. served on 8/3/2017, answer due 8/24/2017. Service was accepted by Sue Zouky, Authorized Agent in the Office of the Secretary of State. Document filed by Mario Carrera(individually); Jose Luis Calpeno Guevara(on behalf of others similarly situated.); Jose Luis Calpeno Guevara(individually); Mario Carrera(On behalf of others similarly situated ). (Faillace, Michael) |
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| 15 | 15
service
Affidavit of Service Complaints
Sun 08/20 4:12 PM
AFFIDAVIT OF SERVICE of Summons and Complaint,. Why Not My Way LLC served on 8/3/2017, answer due 8/24/2017. Service was accepted by Sue Zouky, Authorized Agent in the Office of the Secretary of State. Document filed by Mario Carrera(individually); Jose Luis Calpeno Guevara(on behalf of others similarly situated.); Jose Luis Calpeno Guevara(individually); Mario Carrera(On behalf of others similarly situated ). (Faillace, Michael) |
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| Thursday, August 17, 2017 | ||
| 14 | 14
service
Affidavit of Service Complaints
Thu 08/17 4:20 PM
AFFIDAVIT OF SERVICE of Summons and Complaint,. Emil Stefkov served on 8/7/2017, answer due 8/28/2017. Service was accepted by Ms. Vesna, Co-Worker. Document filed by Mario Carrera(individually); Jose Luis Calpeno Guevara(on behalf of others similarly situated.); Jose Luis Calpeno Guevara(individually); Mario Carrera(On behalf of others similarly situated ). (Faillace, Michael) |
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| 13 | 13
service
Affidavit of Service Complaints
Thu 08/17 4:12 PM
AFFIDAVIT OF SERVICE of Summons and Complaint,. Dominick Pepe served on 8/7/2017, answer due 8/28/2017. Service was accepted by Yulia Smith, Co-Worker. Document filed by Mario Carrera(individually); Jose Luis Calpeno Guevara(on behalf of others similarly situated.); Jose Luis Calpeno Guevara(individually); Mario Carrera(On behalf of others similarly situated ). (Faillace, Michael) |
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| Tuesday, August 08, 2017 | ||
| 12 | 12
order
Order for Initial Pretrial Conference
Tue 08/08 10:42 AM
NOTICE OF PRETRIAL CONFERENCE: Initial Conference set for 11/9/2017 at 10:45 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. (As further set forth in this Order.) (Signed by Judge Paul G. Gardephe on 8/8/2017) (cf) |
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| Friday, July 28, 2017 | ||
| 11 | 11
service
Summons Issued
Fri 07/28 10:50 AM
ELECTRONIC SUMMONS ISSUED as to Dominick Pepe. (rch) |
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| 10 | 10
service
Summons Issued
Fri 07/28 10:49 AM
ELECTRONIC SUMMONS ISSUED as to Emil Stefkov. (rch) |
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| 9 | 9
service
Summons Issued
Fri 07/28 10:49 AM
ELECTRONIC SUMMONS ISSUED as to Why Not My Way LLC. (rch) |
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service
Summons Issued
Fri 07/28 10:48 AM
ELECTRONIC SUMMONS ISSUED as to Olio Restaurants LLC.. (rch) |
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notice
Notice of Appearance
Fri 07/28 10:19 AM
NOTICE OF APPEARANCE by Sara Jacqueline Isaacson on behalf of Jose Luis Calpeno Guevara(on behalf of others similarly situated.), Jose Luis Calpeno Guevara(individually), Mario Carrera(individually), Mario Carrera(On behalf of others similarly situated ). (Isaacson, Sara) |
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notice
Case Opening Initial Assignment Notice
Fri 07/28 10:54 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:http://nysd.uscourts.gov/judges/District] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:http://nysd.uscourts.gov/ecf_filing.php] . (rch) |
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utility
Case Designation
Fri 07/28 10:55 AM
Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:http://nysd.uscourts.gov/forms.php] . (rch) |
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utility
Case Designated ECF
Fri 07/28 10:55 AM
Case Designated ECF. (rch) |
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| Thursday, July 27, 2017 | ||
| 6 | 6
REQUEST FOR ISSUANCE OF SUMMONS as to Dominick Pepe, re:1 Complaint,. Document filed by Jose Luis Calpeno Guevara(on behalf of others similarly situated.), Jose Luis Calpeno Guevara(individually), Mario Carrera(individually), Mario Carrera(On behalf of others similarly situated ). (Faillace, Michael)
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REQUEST FOR ISSUANCE OF SUMMONS as to Emil Stefkov, re:1 Complaint,. Document filed by Jose Luis Calpeno Guevara(on behalf of others similarly situated.), Jose Luis Calpeno Guevara(individually), Mario Carrera(individually), Mario Carrera(On behalf of others similarly situated ). (Faillace, Michael)
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| 4 | 4
REQUEST FOR ISSUANCE OF SUMMONS as to Why Not My Way LLC, re:1 Complaint,. Document filed by Jose Luis Calpeno Guevara(on behalf of others similarly situated.), Jose Luis Calpeno Guevara(individually), Mario Carrera(individually), Mario Carrera(On behalf of others similarly situated ). (Faillace, Michael)
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| 3 | 3
REQUEST FOR ISSUANCE OF SUMMONS as to Olio Restaurants LLC, re:1 Complaint,. Document filed by Jose Luis Calpeno Guevara(on behalf of others similarly situated.), Jose Luis Calpeno Guevara(individually), Mario Carrera(individually), Mario Carrera(On behalf of others similarly situated ). (Faillace, Michael)
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| 2 | 2
CIVIL COVER SHEET filed. (Faillace, Michael)
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| 1 | 1
23
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COMPLAINT against Olio Restaurants LLC., Emil Stefkov, Why Not My Way LLC, Dominick Pepe. (Filing Fee $ 400.00, Receipt Number 0208-13950013)Document filed by Mario Carrera(individually), Jose Luis Calpeno Guevara(on behalf of others similarly situated.), Jose Luis Calpeno Guevara(individually), Mario Carrera(On behalf of others similarly situated ), Dominick Pepe.(Faillace, Michael)
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