Melendez v. Krystal Fruits & Vegetables, Inc. et al
| New York Eastern District Court | |
| Judge: | Nusrat Jahan Choudhury |
| Case #: | 2:24-cv-04255 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:201 Denial of Overtime Compensation |
| Case Filed: | Jun 14, 2024 |
| Terminated: | Feb 24, 2025 |
| Last checked: Wednesday Dec 11, 2024 3:47 AM EST |
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Defendant
Krystal Fruits & Vegetables, Inc.
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Represented By
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Defendant
Danny Longo
300 Michael Drive
Syosset, NY 11791 |
Represented By
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Defendant
Michael Longo
300 Michael Drive
Syosset, NY 11791 |
Represented By
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Mediator
Robin Gise
JAMS 620 8th Avenue
New York, NY 10018 |
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Plaintiff
David Melendez
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Represented By
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| Docket last updated: 79 minutes ago |
| Monday, February 24, 2025 | ||
| 20 | 20
2
pgs
order
Order Dismissing Case
Mon 02/24 9:46 AM
ORDER: As detailed in the attached Order, the Court has been advised that all claims asserted herein have been settled in principle. (ECF No.19 ). The above-entitled action is therefore dismissed and discontinued without costs, and without prejudice to the right to reopen the action within thirty days of the date of this Order if the settlement is not consummated. Any pending motions are dismissed as moot. All conferences are cancelled. The Clerk of Court is directed to close the case. Ordered by Judge Nusrat J. Choudhury on 2/24/2025. (NB) |
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order
~Util - Terminate Civil Case
Thu 02/27 4:18 PM
Civil Case Terminated. (CV) |
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| Wednesday, February 19, 2025 | ||
| 19 | 19
misc
Status Report
Wed 02/19 11:03 AM
STATUS REPORT (Joint) by Krystal Fruits & Vegetables, Inc., Danny Longo, Michael Longo (Kligman, Gregg) |
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| Thursday, February 13, 2025 | ||
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order
Status Report Order
Thu 02/13 1:06 PM
ORDER: The parties shall file a status report by February 20, 2025 . Ordered by Judge Nusrat J. Choudhury on 2/13/2025. (NB) |
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| Wednesday, February 12, 2025 | ||
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adr
Report of Mediation(Settled/Unsettled)
Wed 02/12 1:30 PM
REPORT of Mediation Settled in principle. Both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be submitted within two weeks following mediation session.Mediation Report due by 2/26/2025. (JR) |
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| Monday, January 06, 2025 | ||
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order
Order on Motion for Extension of Time to File
Mon 01/06 7:56 AM
ORDER granting18 Motion for Extension of Time to File. The mediation shall be completed by February 14, 2025. Ordered by Magistrate Judge Arlene R. Lindsay on 1/6/2025. (BJ) |
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| Friday, January 03, 2025 | ||
| 18 | 18
motion
Extension of Time to File Document
Fri 01/03 3:00 PM
Consent MOTION for Extension of Time to File to complete mediation by Krystal Fruits & Vegetables, Inc., Michael Longo, Danny Longo. (Kligman, Gregg) |
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| Wednesday, November 27, 2024 | ||
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adr
Selection of Mediator
Mon 12/02 2:02 PM
SELECTION OF MEDIATOR Robin Gise selected as Mediator. Date Time and Location in-person/remote: January 21, 2025. Fourteen days on or before the session date, counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation. For more details on the submission, please consult Local Civil Rule 83.8(b)(4). Attendance is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. The Confidentiality Stipulation (in-person or remote) must be signed at or before the initial mediation session by all participants and the Mediator and returned via e-mail to nyed_adr@nyed.uscourts.gov. The Mediators contact information can be found on the docket sheet. Within fourteen days of the conclusion of the mediation, both parties must submit a Mediation Report. (JR) |
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| Tuesday, November 12, 2024 | ||
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order
Order on Motion to Request Mediation
Tue 11/12 11:02 AM
ORDER re17 : The matter is referred to mediation which shall be completed by January 17, 2025. Ordered by Magistrate Judge Arlene R. Lindsay on 11/12/2024. c/ecf (RI) |
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adr
Mediation Instructions
Tue 11/12 3:17 PM
MEDIATION INSTRUCTIONS: Mediation instructions for counsel are available[LINK:on the Court's website] . Counsel should select a mediator and schedule the initial mediation session with their chosen mediator. Once scheduled, counsel must file their selection using the [LINK:Selection of Mediator Form] . A list of EDNY Panel Mediators is available on the [LINK:Court's website] . EDNY Mediators are compensated in accordance with [LINK:EDNY Mediators are compensated in accordance with Local Civil Rule 83.8(f)(1)] . The Confidentiality Stipulation [LINK:in-person] or [LINK:remote] must be signed at or before the initial mediation session by all participants and the Mediator and returned via e-mail to nyed_adr@nyed.uscourts.gov. Upon completion of the mediation, both parties must submit a [LINK:Mediation Report] to the ADR Department. (JR) |
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| Friday, November 08, 2024 | ||
| 17 | 17
misc
Status Report
Fri 11/08 3:34 PM
STATUS REPORT (Joint) by Krystal Fruits & Vegetables, Inc., Michael Longo, Danny Longo (Kligman, Gregg) |
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| Tuesday, September 24, 2024 | ||
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misc
Consent to Jurisdiction by US Magistrate Judge - Declined
Tue 09/24 10:11 AM
NOTICE to Assign District Judge: The Clerk of Court is directed to reassign this case to a district judge. (RI) |
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utility
Case Assigned/Reassigned
Tue 09/24 2:03 PM
Case Reassigned to Judge Nusrat Jahan Choudhury and Magistrate Judge Arlene R. Lindsay. 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. (AC) |
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| Monday, August 19, 2024 | ||
| 16 | 16
misc
Corporate Disclosure Statement
Mon 08/19 1:53 PM
Corporate Disclosure Statement by Krystal Fruits & Vegetables, Inc., Danny Longo, Michael Longo (Kligman, Gregg) |
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| 15 | 15
answer
Answer to Complaint
Mon 08/19 1:31 PM
ANSWER to1 Complaint, by All Defendants. (Kligman, Gregg) (Main Document 15 replaced on 8/19/2024 - original document uploaded was unsigned; attorney contacted clerk's office to alert court of error and provided replacement document) (LJ) |
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| Wednesday, August 14, 2024 | ||
| 14 | 14
order
Scheduling Order
Wed 08/14 2:55 PM
FLSA INITIAL DISCOVERY and MEDIATION ORDER: See the attached Order for details. (Status Report due by 11/8/2024.) Ordered by Magistrate Judge Arlene R. Lindsay on 8/14/2024. c/ecf (RI) |
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| Friday, August 02, 2024 | ||
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notice
Notice of Appearance
Fri 08/02 1:59 PM
NOTICE of Appearance by Caitlin Frances Breen on behalf of Krystal Fruits & Vegetables, Inc., Danny Longo, Michael Longo (aty to be noticed) (Breen, Caitlin) |
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| 12 | 12
notice
Notice of Appearance
Fri 08/02 1:40 PM
NOTICE of Appearance by Gregg Marshall Kligman on behalf of Krystal Fruits & Vegetables, Inc., Danny Longo, Michael Longo (aty to be noticed) (Kligman, Gregg) |
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| Monday, July 22, 2024 | ||
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order
Order on Motion for Extension of Time to Answer
Mon 07/22 9:43 AM
ORDER granting11 Motion for Extension of Time to Answer. The time for Defendants to answer, move against or otherwise respond to the Complaint is extended until August 19, 2024. Ordered by Magistrate Judge Arlene R. Lindsay on 7/22/2024. (BJ) |
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| Friday, July 19, 2024 | ||
| 11 | 11
motion
Extension of Time to File Answer
Fri 07/19 2:07 PM
Consent MOTION for Extension of Time to File Answer re1 Complaint, by Krystal Fruits & Vegetables, Inc., Danny Longo, Michael Longo. (Bluth, Valerie) |
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Att: 1
Stipulation
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| 10 | 10
notice
Notice of Appearance
Fri 07/19 10:44 AM
NOTICE of Appearance by Valerie J Bluth on behalf of Krystal Fruits & Vegetables, Inc., Danny Longo, Michael Longo (aty to be noticed) (Bluth, Valerie) |
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| 9 | 9
notice
Notice of Appearance
Fri 07/19 10:42 AM
NOTICE of Appearance by Amanda M. Fugazy on behalf of Krystal Fruits & Vegetables, Inc., Danny Longo, Michael Longo (aty to be noticed) (Fugazy, Amanda) |
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| Tuesday, July 09, 2024 | ||
| 8 | 8
service
Summons Returned Executed
Tue 07/09 12:48 PM
SUMMONS Returned Executed by David Melendez. Danny Longo served on 6/28/2024, answer due 7/19/2024. (Samuel, Michael) |
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| 7 | 7
service
Summons Returned Executed
Tue 07/09 12:47 PM
SUMMONS Returned Executed by David Melendez. Michael Longo served on 6/28/2024, answer due 7/19/2024. (Samuel, Michael) |
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| 6 | 6
service
Summons Returned Executed
Tue 07/09 12:46 PM
SUMMONS Returned Executed by David Melendez. Krystal Fruits & Vegetables, Inc. served on 6/28/2024, answer due 7/19/2024. (Samuel, Michael) |
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| Monday, June 17, 2024 | ||
| 5 | 5
service
Summons Issued
Mon 06/17 4:56 PM
Summons Issued as to All Defendants. (CL) |
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| 4 | 4
notice
Notice of Opportunity to Consent
Mon 06/17 4:53 PM
Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. 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. The form is also available here:[LINK:https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program.] Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website:[LINK:https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program.] (CL) |
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misc
Quality Control Check - Attorney Case Opening
Mon 06/17 4:47 PM
This attorney case opening filing has been checked for quality control. (CL) |
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utility
Case Assigned/Reassigned
Mon 06/17 4:50 PM
Case Assigned to Magistrate Judge Arlene R. Lindsay. 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. (CL) |
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| Friday, June 14, 2024 | ||
| 3 | 3
misc
Proposed Summons/Civil Cover Sheet
Fri 06/14 11:18 PM
Proposed Summons. Re1 Complaint, by David Melendez (Samuel, Michael) |
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Att: 1
Supplement Rider - List of Defendants to Be Served
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| 2 | 2
misc
Proposed Summons/Civil Cover Sheet
Fri 06/14 11:16 PM
Civil Cover Sheet.. Re1 Complaint, by David Melendez (Samuel, Michael) |
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| 1 | 1
cmp
Complaint
Fri 06/14 11:14 PM
COMPLAINT COLLECTIVE ACTION against Krystal Fruits & Vegetables, Inc., Danny Longo, Michael Longo filing fee $ 405, receipt number ANYEDC-17980724 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by David Melendez. (Samuel, Michael) |
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