Machecha v. RHM Restaurant Corp et al
| New York Southern District Court | |
| Judge: | Paul A Engelmayer |
| Referred: | Sarah Netburn |
| Case #: | 1:22-cv-03253 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 28:1331 Fed. Question |
| Case Filed: | Apr 21, 2022 |
| Terminated: | Oct 18, 2022 |
| Last checked: Tuesday Oct 18, 2022 4:39 AM EDT |
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Defendant
Robert H Maisano
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Represented By
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Defendant
RHM Restaurant Corp
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Represented By
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Plaintiff
Alexandra Machecha
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Represented By
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| Docket last updated: 04/25/2025 11:59 PM EDT |
| Tuesday, October 18, 2022 | ||
| 25 | 25
1
pgs
order
Judgment
Tue 10/18 11:34 AM
JUDGMENT: JUDGMENT shall be entered in favor of Plaintiff against Defendants in the amount of Nineth-five Thousand Dollars and Zero Cents ($95,000.00). The Clerk of Court is directed to terminate all pending motions, adjourn all deadlines, and close this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/18/2022) (va) |
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| Monday, October 17, 2022 | ||
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misc
Notice to Court Regarding Notice of Acceptance with Offer of Judgment
Mon 10/17 12:23 PM
***NOTICE TO COURT REGARDING NOTICE OF ACCEPTANCE WITH OFFER OF JUDGMENT. Document No. 23 Notice of Acceptance with Offer of Judgment was reviewed and approved as to form. (km) |
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misc
Notice to Court Regarding Proposed Order
Mon 10/17 12:24 PM
***NOTICE TO COURT REGARDING PROPOSED JUDGMENT. Document No. 24 Proposed Judgment was reviewed and approved as to form. (km) |
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| Friday, October 14, 2022 | ||
| 24 | 24
1
pgs
misc
Proposed Judgment
Fri 10/14 5:44 PM
PROPOSED JUDGMENT. Re: Document No.23 Notice of Acceptance with Offer of Judgment,. Document filed by Alexandra Machecha..(Lipsky, Douglas) |
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| 23 | 23
notice
Notice of Acceptance with Offer of Judgment
Fri 10/14 5:30 PM
NOTICE OF ACCEPTANCE WITH OFFER OF JUDGMENT . Document filed by Alexandra Machecha..(Lipsky, Douglas) |
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Att: 1
Exhibit A: Offer of Judgment Pursuant to Fed. R. Civ. P. 68,
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Att: 2
Exhibit B: Plaintiff's Acceptance of Defendants' Offer of Judgment Pursuant to Fed. R. Civ. P. 68
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| Thursday, October 06, 2022 | ||
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order
Order on Motion for Extension of Time
Thu 10/06 11:08 AM
ORDER granting21 Letter Motion for Extension of Time. The parties report that Defendants issued an Offer of Judgment under Rule 68 and Plaintiff accepted that Offer. Under the Rule "either party may... file the offer and notice of acceptance, plus proof of service. The Clerk must then enter judgment." Accordingly, by October 14, 2022, the parties shall file the offer and notice of acceptance so that the Clerk of Court can enter judgment. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah) |
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| Tuesday, October 04, 2022 | ||
| 21 | 21
motion
Extension of Time
Tue 10/04 11:04 AM
JOINT LETTER MOTION for Extension of Time to Finalize Settlement addressed to Magistrate Judge Sarah Netburn from Milana Dostanitch dated October 4, 2022. Document filed by Alexandra Machecha..(Dostanitch, Milana) |
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| Wednesday, September 21, 2022 | ||
| 20 | 20
1
pgs
order
Order ~Util - Set Deadlines
Wed 09/21 6:50 PM
ORDER: A mediation was held on September 14, 2022, through the Court-annexed Mediation Program, and the mediator reports that agreement was reached on all issues. ECF No. 19. Because this case is brought under the Fair Labor Standards Act, the parties must seek judicial approval of any settlement. Accordingly, the parties shall file a motion for court approval of the settlement before Judge Engelmayer before October 6, 2022. SO ORDERED. ( Motions due by 10/6/2022.) (Signed by Magistrate Judge Sarah Netburn on 9/21/2022) (vfr) |
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| Tuesday, September 06, 2022 | ||
| 18 | 18
order
Memo Endorsement
Tue 09/06 5:40 PM
MEMO ENDORSEMENT on re:17 Letter filed by Alexandra Machecha. ENDORSEMENT: The parties are reminded that the Court will not extend the deadline for fact discovery. See ECF No. 14. If the case is not settled at mediation, the parties shall file a letter on the status of discovery by no later than October 31, 2022. (Signed by Magistrate Judge Sarah Netburn on 9/6/2022) (ras) |
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| Thursday, September 01, 2022 | ||
| 17 | 17
misc
Letter
Thu 09/01 6:00 PM
JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Milana Dostanitch dated September 1, 2022 re: Status of Discovery. Document filed by Alexandra Machecha..(Dostanitch, Milana) |
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| Thursday, August 18, 2022 | ||
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adr
Mediation Conference Scheduled
Thu 08/18 1:57 PM
FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 9/14/2022 at 10:00 AM in telephone or video conference.(mnp) |
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| Thursday, August 04, 2022 | ||
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adr
Notice of Mediator Assignment
Thu 08/04 8:50 AM
NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 9/6/2022.(ah) |
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| Tuesday, July 19, 2022 | ||
| 16 | 16
order
Mediation Referral Order
Tue 07/19 6:35 PM
MEDIATION REFERRAL ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. 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. The Clerk of Court is respectfully directed to close the gavel at ECF No. 15. Mediators will be assigned based on the nature of suit. Additional expertise requests should promptly be directed to the Mediation Office. 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 7/29/2022. (Signed by Magistrate Judge Sarah Netburn on 7/19/2022) (ate) |
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| Monday, July 18, 2022 | ||
| 15 | 15
1
pgs
motion
Conference
Mon 07/18 7:00 PM
JOINT LETTER MOTION for Conference addressed to Magistrate Judge Sarah Netburn from Milana Dostanitch dated 07/18/2022. Document filed by Alexandra Machecha..(Dostanitch, Milana) |
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| Wednesday, June 29, 2022 | ||
| 14 | 14
order
Case Management Plan
Wed 06/29 4:02 PM
CIVIL CASE MANAGEMENT PLAN & SCHEDULING ORDER: On June 27, 2022, the parties appeared for an Initial Pretrial Conference. After review of the parties' joint submission, the following scheduling order is entered pursuant to Rule 16 of the Federal Rules of Civil Procedure: By July 18, 2022, the parties shall file a letter informing the Court whether they would like to schedule a settlement conference, or if they would prefer a referral to the Court's mediation program, as further set forth herein. The parties may move to amend the pleadings or join additional parties until Friday, August 26, 2022. Any motion to amend filed after that date must satisfy the good cause standard of Rule 16(b)(4). A joint letter informing the Court about the status of discovery shall be filed with the Court by Wednesday, August 31, 2022. The letter should address any outstanding discovery disputes. All fact discovery shall be completed by Tuesday, January 31, 2023. No extensions will be granted. Any motion to certify a collective pursuant to the Fair Labor Standards Act shall be filed by no later than September 16, 2022. Defendants shall file their opposition by no later than October 7, 2022. Plaintiff's reply, if any, shall be filed by October 14, 2022. Any party that wishes to file a motion for summary judgment shall file a pre-motion letter with the Hon. Paul A. Engelmayer by Wednesday, February 15, 2023. The parties request a jury trial. SO ORDERED. Motions due by 9/16/2022. Responses due by 10/7/2022 Replies due by 10/14/2022. Fact Discovery due by 1/31/2023. (Signed by Magistrate Judge Sarah Netburn on 6/29/2022) (vfr) |
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| Monday, June 27, 2022 | ||
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minutes
Pretrial Conference - Initial
Tue 07/05 4:06 PM
Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Initial Pretrial Conference held on 6/27/2022. (ras) |
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| Monday, June 06, 2022 | ||
| 13 | 13
2
pgs
order
Order for Initial Pretrial Conference
Mon 06/06 4:55 PM
INITIAL PRETRIAL CONFERENCE ORDER: An Initial Pretrial Conference pursuant to Rule 16 is scheduled for Monday, June 27, 2022, at 3:00 p.m. At that time the parties should dial into the Court's dedicated teleconferencing line at (877) 402-9757 and enter Access Code 7938632, followed by the pound (#) key. (Initial Conference set for 6/27/2022 at 03:00 PM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 6/6/2022) (ras) |
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| Friday, June 03, 2022 | ||
| 12 | 12
15
pgs
answer
Answer to Complaint
Fri 06/03 2:59 PM
ANSWER to1 Complaint. Document filed by Robert H Maisano, RHM Restaurant Corp..(Murtagh, John) |
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| 11 | 11
misc
Rule 7.1 Corporate Disclosure Statement
Fri 06/03 2:57 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by RHM Restaurant Corp..(Murtagh, John) |
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| 10 | 10
notice
Notice of Appearance
Fri 06/03 2:56 PM
NOTICE OF APPEARANCE by John Martin Murtagh, Jr on behalf of Robert H Maisano, RHM Restaurant Corp..(Murtagh, John) |
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| Tuesday, May 17, 2022 | ||
| 9 | 9
service
Affidavit of Service Complaints
Tue 05/17 5:26 PM
AFFIDAVIT OF SERVICE of Summons and Complaint. RHM Restaurant Corp served on 5/13/2022, answer due 6/3/2022. Service was accepted by Sue Zouky; Authorized Agent. Document filed by Alexandra Machecha..(Lipsky, Douglas) |
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| Monday, April 25, 2022 | ||
| 8 | 8
1
pgs
order
Order Referring Case to Magistrate Judge
Mon 04/25 1:49 PM
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 Sarah Netburn. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/25/2022) (jca) |
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| Friday, April 22, 2022 | ||
| 7 | 7
service
Summons Issued
Fri 04/22 1:58 PM
ELECTRONIC SUMMONS ISSUED as to RHM Restaurant Corp..(pc) |
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| 6 | 6
service
Summons Issued
Fri 04/22 1:57 PM
ELECTRONIC SUMMONS ISSUED as to Robert H Maisano..(pc) |
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| 5 | 5
notice
Notice of Appearance
Fri 04/22 1:00 PM
NOTICE OF APPEARANCE by Milana Dostanitch on behalf of Alexandra Machecha..(Dostanitch, Milana) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Fri 04/22 11:24 AM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Douglas Brian Lipsky. The following case opening statistical information was erroneously selected/entered: Cause of Action code 29:021;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1331;. (pc) |
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notice
Case Opening Initial Assignment Notice
Fri 04/22 11:27 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . 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:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(pc) |
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utility
Case Designation
Fri 04/22 11:27 AM
Magistrate Judge Sarah Netburn 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:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (pc) |
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utility
Case Designated ECF
Fri 04/22 11:29 AM
Case Designated ECF. (pc) |
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| Thursday, April 21, 2022 | ||
| 4 | 4
service
Request for Issuance of Summons
Thu 04/21 10:02 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Robert H. Maisano, re:1 Complaint. Document filed by Alexandra Machecha..(Lipsky, Douglas) |
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| 3 | 3
service
Request for Issuance of Summons
Thu 04/21 10:01 AM
REQUEST FOR ISSUANCE OF SUMMONS as to RHM Restaurant Corp., d/b/a Rolfs, re:1 Complaint. Document filed by Alexandra Machecha..(Lipsky, Douglas) |
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| 2 | 2
2
pgs
misc
Civil Cover Sheet
Thu 04/21 10:00 AM
CIVIL COVER SHEET filed..(Lipsky, Douglas) |
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| 1 | 1
33
pgs
cmp
Complaint
Thu 04/21 10:00 AM
COMPLAINT against Robert H Maisano, RHM Restaurant Corp. (Filing Fee $ 402.00, Receipt Number ANYSDC-26038157)Document filed by Alexandra Machecha..(Lipsky, Douglas) |
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