Rosales Moran v. Tacuepian Damian et al
| New York Eastern District Court | |
| Judge: | Nina R Morrison |
| Referred: | Joseph A Marutollo |
| Case #: | 1:23-cv-08167 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 15:2(a) Fair Labor Standards Act |
| Case Filed: | Nov 02, 2023 |
| Last checked: Tuesday Apr 30, 2024 4:22 AM EDT |
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Defendant
Tacos El Gallo Giro Corp.
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Defendant
Guadalupe Tacuepian
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Defendant
Javier Tacuepian
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Defendant
Victor Tacuepian Damian
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Defendant
Araceli Tacuepian Damian
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Plaintiff
Santos Rosales Moran
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Represented By
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| Docket last updated: 04/22/2025 11:59 PM EDT |
| Wednesday, February 26, 2025 | ||
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order
Order on Motion to Withdraw
Wed 02/26 10:29 AM
ORDER granting21 . The Clerk of the Court is ordered to strike19 . Ordered by Magistrate Judge Joseph A. Marutollo on 2/26/2025. (EG) |
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order
Order Referring Motion
Wed 02/26 4:21 PM
ORDER REFERRING MOTION: The18 First MOTION for Default Judgment is respectfully referred to Magistrate Judge Joseph A. Marutollo. Ordered by Judge Nina R. Morrison on 2/26/2025. (GR) |
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| Tuesday, February 25, 2025 | ||
| 21 | 21
motion
Withdraw
Tue 02/25 3:45 PM
MOTION to Withdraw Order on Motion for Extension of Time to File, Set Deadlines, Docket 19 Filed in Error - There is no settlement by Santos Rosales Moran. (Mulholland, Colin) |
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order
~Util - Set Deadlines
Tue 02/25 3:09 PM
ORDER: The Court sua sponte extended the parties' deadline to file their settlement agreement and Cheeks motion to February 24, 2025. No such documents were filed on the docket. The parties shall file the settlement agreement and Cheeks motion by February 25, 2025, at 5:00 p.m. Ordered by Magistrate Judge Joseph A. Marutollo on 2/25/2025. (EG) |
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| Friday, February 21, 2025 | ||
| 20 | 20
service
Affidavit of Service
Fri 02/21 5:30 PM
AFFIDAVIT of Service for Notice of Motion for Default served on VICTOR TACUEPIAN DAMIAN, ARACELI TACUEPIAN DAMIAN, GUADALUPE TACUEPIAN, & TACOS EL GALLO GIRO CORP on 2/21/25, filed by Santos Rosales Moran. (Mulholland, Colin) |
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| 19 | 19
motion
Extension of Time to File Document
Fri 02/21 5:22 PM
Fourth MOTION for Extension of Time to File Cheeks to Monday Feb 24, 2025 (On Consent) by Santos Rosales Moran. (Mulholland, Colin) |
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| 18 | 18
motion
Default Judgment
Fri 02/21 5:08 PM
First MOTION for Default Judgment by Santos Rosales Moran. (Mulholland, Colin) |
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Att: 1
Affidavit in Support Counsel Affirmation in Support,
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Att: 2
Memorandum in Support Memo of Law in Support,
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Att: 3
Declaration Dec. of Plaintiff in Support,
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Att: 4
Declaration Supplemental Dec. of Plaintiff Re: Non-Service,
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Att: 5
Exhibit Complaint,
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Att: 6
Exhibit Amended Complaint,
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Att: 7
Exhibit Summons Executed,
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Att: 8
Exhibit Certificates of Default,
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Att: 9
Exhibit Damages Chart,
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Att: 10
Exhibit Department of State Certificate,
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Att: 11
Exhibit Lodestar with Invoice,
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Att: 12
Exhibit Proposed Judgment,
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Att: 13
Exhibit SCRA Certificates Re: Victor Tacuepian and Guadalupe Tacuepian
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order
Order on Motion for Extension of Time to File
Fri 02/21 5:32 PM
ORDER denying, in part,19 . The parties request until February 21, 2025 to file their settlement agreement and Cheeks motion, which is today's date. The Court sua sponte extends the deadline to February 24, 2025. If the parties are requesting additional time, they shall indicate as such in a renewed motion. Ordered by Magistrate Judge Joseph A. Marutollo on 2/21/2025. (GWM) |
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| Thursday, February 06, 2025 | ||
| 17 | 17
motion
Extension of Time to File Document
Thu 02/06 5:49 PM
First MOTION for Extension of Time to File Default to Feb 21, 2025 by Santos Rosales Moran. (Mulholland, Colin) |
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order
Order on Motion for Extension of Time to File
Thu 02/06 6:02 PM
ORDER granting17 : Plaintiff shall file his motion for default judgment by February 21, 2025. Ordered by Magistrate Judge Joseph A. Marutollo on 2/6/2025. (GWM) |
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| Tuesday, January 07, 2025 | ||
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order
Order(Other)
Tue 01/07 2:46 PM
ORDER: The Clerk of the Court is respectfully directed to serve copies of the complaint and the docket on the following locations: TACOS EL GALLO GIRO CORP., 86-22 WHITNEY AVE 2FL, ELMHURST, NY 11373. TACOS EL GALLO GIRO CORP., 6403 ROOSEVELT AVE WOODSIDE, NY 11377. VICTOR TACUEPIAN DAMIAN 3554 95th St Apt 3C Jackson Heights, NY 11372-6074. GUADALUPE TACUEPIAN 3554 95th St Apt 3C Jackson Heights, NY 11372-6074. ARACELI TACUEPIAN DAMIAN 3554 95th St Apt 3C Jackson Heights, NY 11372-6074. JAVIER TACUEPIAN 3554 95th St Apt 3C Jackson Heights, NY 11372-6074. Javier Tacuepian 6908 Woodside Ave Apt 2F Woodside, NY 11377. Ordered by Magistrate Judge Joseph A. Marutollo on 1/7/2025. (EG) |
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| Monday, January 06, 2025 | ||
| 16 | 16
misc
Letter
Mon 01/06 4:58 PM
Letter Re: Defendants' Last Known Addresses and Contact Info by Santos Rosales Moran (Mulholland, Colin) |
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| Friday, January 03, 2025 | ||
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minutes
Status Conference
Fri 01/03 3:41 PM
Minute Entry for proceedings held before Magistrate Judge Joseph A. Marutollo: A status conference was held on the record on January 3, 2025. Counsel for Plaintiff appeared. Plaintiff's14 motion for default judgment was discussed. Plaintiff agreed to withdraw14 without prejudice to address deficiencies related to Local Civil Rule 55.2 and the Servicemembers Civil Relief Act ("SCRA"). Plaintiff shall file an amended motion for default judgment that complies with all applicable local rules, including Local Rule 55.2 and the SCRA by February 7, 2025. Additionally, Plaintiff shall file a letter addressed to Judge Marutollo containing all known contact information, including addresses, of Defendants by January 6, 2025. Plaintiff shall serve a copy of this order on Defendants' email address (taqueriagallogiroo@gmail.com) by January 6, 2025. (ZoomGov Log #12:46-12:58.) (GWM) |
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| Sunday, December 29, 2024 | ||
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order
Scheduling Order
Sun 12/29 6:19 PM
SCHEDULING ORDER: A telephonic status conference will be held on January 3, 2024, at 12:45 p.m. before Magistrate Judge Joseph A. Marutollo. The parties shall call (646) 828-7666; Meeting ID: 161 717 4782 ; Passcode: 170692 to participate in the conference. Ordered by Magistrate Judge Joseph A. Marutollo on 12/29/2024. (GWM) |
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| Saturday, December 21, 2024 | ||
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utility
Case Assigned/Reassigned
Sat 12/21 6:07 PM
Case Reassigned to Magistrate Judge Joseph A. Marutollo. Magistrate Judge Sanket J. Bulsara no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (ONF) |
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| Friday, October 04, 2024 | ||
| 15 | 15
service
Affidavit of Service
Fri 10/04 5:30 PM
AFFIDAVIT of Service for Notice of Motion for Default served on All Defendants on 8/30/24, filed by Santos Rosales Moran. (Mulholland, Colin) |
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| Friday, August 30, 2024 | ||
| 14 | 14
motion
Default Judgment
Fri 08/30 4:43 PM
First MOTION for Default Judgment by Santos Rosales Moran. (Mulholland, Colin) |
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Att: 1
Affidavit in Support Affirmation in Support of Default,
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Att: 2
Memorandum in Support,
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Att: 3
Declaration Declaration of Plaintiff Rosales,
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Att: 4
Exhibit A - Complaint,
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Att: 5
Exhibit B - Amended Complaint,
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Att: 6
Exhibit C - Summons Executed,
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Att: 7
Exhibit D - Cert of Default,
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Att: 8
Exhibit E - Damages Chart,
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Att: 9
Exhibit F - Corp Formation Document,
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Att: 10
Exhibit G - Lodestar with Invoices,
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Att: 11
Exhibit H - Proposed Judgment
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| Wednesday, July 31, 2024 | ||
| 13 | 13
order
Clerks Entry of Default
Wed 07/31 3:24 PM
Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Tacos El Gallo Giro Corp. has failed to appear or otherwise defend this action, the default of defendant Tacos El Gallo Giro Corp. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (JP) |
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| Tuesday, July 30, 2024 | ||
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order
Order on Motion for Extension of Time to File Order on Motion for Leave to File
Tue 07/30 1:04 PM
ORDER: Plaintiff should file a consolidated motion against all defendants within 30 days of entry of default against the remaining non-appearing defendant. Such motion must comply with the new Local Rules in effect as of July 1, 2024. The request for oral testimony in lieu of declaration is denied. The declaration is a requirement of the Local Rules. See Local Rule 55.2(c). Moreover, counsel appearsthough it is not clearto believe that oral testimony would obviate the need to pay for interpreters (which would be required for a declaration). That is not the case, because the Court does not provide interpreters in civil cases, and certified interpreters must be procured and paid for by counsel in civil matters. So Ordered by Magistrate Judge Sanket J. Bulsara on 7/30/2024. (EM) |
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| Sunday, July 28, 2024 | ||
| 12 | 12
motion
Extension of Time to File Document Leave to File Document
Sun 07/28 11:30 AM
First MOTION for Extension of Time to File Default by 3 Business Days After Issuance of Certificate of Default for Corporate Defendant , First MOTION for Leave to File Document Default Judgment with Request for Subsequent Oral Inquest by Santos Rosales Moran. (Mulholland, Colin) |
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| 11 | 11
misc
Request for Certificate of Default
Sun 07/28 11:17 AM
Request for Certificate of Default by Santos Rosales Moran (Mulholland, Colin) |
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Att: 1
Affidavit in Support,
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Att: 2
Proposed Order Proposed Certificate of Default against Tacos El Gallo Giro Corp.
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| Wednesday, May 29, 2024 | ||
| 10 | 10
order
Clerks Entry of Default
Wed 05/29 4:19 PM
Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Guadalupe Tacuepian, Javier Tacuepian, Araceli Tacuepian Damian, Victor Tacuepian Damian has failed to appear or otherwise defend this action, the default of defendant Guadalupe Tacuepian, Javier Tacuepian, Araceli Tacuepian Damian, Victor Tacuepian Damian is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (JP) |
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| Friday, May 17, 2024 | ||
| 9 | 9
misc
Request for Certificate of Default
Fri 05/17 3:58 PM
Request for Certificate of Default by Santos Rosales Moran (Mulholland, Colin) |
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Att: 1
Affidavit in Support,
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Att: 2
Proposed Order,
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Att: 3
Proposed Order,
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Att: 4
Proposed Order,
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Att: 5
Proposed Order
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| Friday, April 12, 2024 | ||
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order
Status Report Order 1 - Terminate Deadlines and Hearings
Fri 04/12 12:11 PM
ORDER: In light of Defendants' failure to appear in this action the telephonic-initial conference scheduled for 4/12/2024 is adjourned sine die. Plaintiff shall seek a certificate of default by 5/17/2024 and shall file any motion for default judgment within 60 days of issuance of the certificate of default. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/12/2024. (EM) |
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| Friday, February 23, 2024 | ||
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order
Scheduling Order 1 - Terminate Deadlines and Hearings
Fri 02/23 4:46 PM
RE-SCHEDULING ORDER: The telephonic-initial conference originally scheduled for 3/08/2024 is adjourned to 4/12/2024 at 12:00 P.M before Magistrate Judge Sanket J. Bulsara. The parties are directed to call the toll-free number 877-336-1274 . The access code is 6534420 . The parties shall dial in five (5) minutes before the conference. Plaintiff is directed to notify defendants of this scheduling order at the time defendants makes an appearance with in this matter. Counsel are also directed to complete the attached Rule 26(f) Report7 and electronically file same with the Court no later than 4/09/2024 . Should the parties wish to adopt a plan for discovery different from the structure in the Rule 26(f) Report, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Upon receipt of this email counsel shall confirm with each other of the date and time of this telephonic initial conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 2/23/2024. (EM) |
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| Thursday, January 18, 2024 | ||
| 8 | 8
service
Summons Returned Executed
Thu 01/18 3:49 PM
SUMMONS Returned Executed by Santos Rosales Moran. Guadalupe Tacuepian served on 1/2/2024, answer due 1/23/2024; Javier Tacuepian served on 1/2/2024, answer due 1/23/2024; Araceli Tacuepian Damian served on 1/2/2024, answer due 1/23/2024; Victor Tacuepian Damian served on 1/2/2024, answer due 1/23/2024. (Mulholland, Colin) |
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Att: 1
Affidavit of Service Araceli Tacuepian,
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Att: 2
Affidavit of Service Javier Tacuepian,
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Att: 3
Affidavit of Service Victor Tacuepian
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| 7 | 7
order
Scheduling Order
Thu 01/18 3:42 PM
SCHEDULING ORDER: A telephonic initial conference will be held at 2:30 P.M. on 3/08/2024 before Magistrate Judge Sanket J. Bulsara. The parties are directed to call the toll-free number 877-336-1274 . The access code is 6534420 . The parties shall dial in five (5) minutes before the conference. Plaintiff is directed to notify defendants' of this scheduling order at the time defendants makes an appearance with in this matter. Counsel are also directed to complete the attached Rule 26(f) Report and electronically file same with the Court no later than 3/06/2024 . Should the parties wish to adopt a plan for discovery different from the structure in the Rule 26(f) Report, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Upon receipt of this email counsel shall confirm with each other of the date and time of this telephonic initial conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/18/2024. (EM) |
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| Thursday, January 04, 2024 | ||
| 6 | 6
service
Summons Returned Executed
Thu 01/04 9:29 PM
SUMMONS Returned Executed by Santos Rosales Moran. Tacos El Gallo Giro Corp. served on 12/19/2023, answer due 1/9/2024. (Mulholland, Colin) |
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| Tuesday, December 12, 2023 | ||
| 5 | 5
service
Summons Issued
Tue 12/12 9:34 AM
Summons Issued as to Tacos El Gallo Giro Corp., Guadalupe Tacuepian, Javier Tacuepian, Araceli Tacuepian Damian, Victor Tacuepian Damian. (JVC) |
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| Monday, December 11, 2023 | ||
| 4 | 4
cmp
Amended Complaint
Mon 12/11 2:43 PM
AMENDED COMPLAINT against Tacos El Gallo Giro Corp., Guadalupe Tacuepian, Javier Tacuepian, Victor Tacuepian Damian, Araceli Tacuepian Damian, filed by Santos Rosales Moran. (Mulholland, Colin) |
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Att: 1
Proposed Summons
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| Thursday, December 07, 2023 | ||
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order
Order on Motion for Leave to File
Thu 12/07 2:16 PM
ORDER: Plaintiff seeks leave to amend his complaint3 pursuant to Rule 15(a)(2). The motion for leave to file an amended complaint3 is granted. However, in light of the amendment, Plaintiff must serve the amended complaint consistent with Rule 4 as if the case was begun anew, in light of the fact that no defendant has yet appeared and thus will not receive service via ECF. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/7/2023. (AL) |
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| Wednesday, December 06, 2023 | ||
| 3 | 3
motion
Leave to File Document
Wed 12/06 1:58 PM
First MOTION for Leave to File Document Amended Complaint by Santos Rosales Moran. (Mulholland, Colin) |
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Att: 1
Exhibit Proposed Amended Complaint
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| Friday, November 03, 2023 | ||
| 2 | 2
misc
Clerks Notice of Rule 73
Fri 11/03 10:40 AM
Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link:[LINK:https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf] (AF) |
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utility
Case Assigned/Reassigned
Fri 11/03 10:37 AM
Case Assigned to Judge Nina R. Morrison and Magistrate Judge Sanket J. Bulsara. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (AF) |
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misc
Quality Control Check - Summons
Fri 11/03 10:41 AM
Your proposed summons was not issued for one of the following reasons: The full case caption must appear on the summons., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (AF) |
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| Thursday, November 02, 2023 | ||
| 1 | 1
cmp
Complaint
Thu 11/02 12:22 PM
COMPLAINT against Tacos El Gallo Giro Corp., Guadalupe Tacuepian, Javier Tacuepian, Victor Tacuepian Damian filing fee $ 402, receipt number ANYEDC-17245355 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Santos Rosales Moran. (Mulholland, Colin) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Proposed Summons
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