Sanchez v. Goris Mini Market Inc. et al
New York Eastern District Court | |
Judge: | Vera M Scanlon |
Case #: | 1:24-cv-04842 |
Nature of Suit | 710 Labor - Fair Labor Standards Act |
Cause | 29:201 Fair Labor Standards Act |
Case Filed: | Jul 11, 2024 |
Last checked: Tuesday Jan 07, 2025 3:27 AM EST |
Defendant
Andy Goris
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Represented By
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Defendant
Goris Mini Market Inc.
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Represented By
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Defendant
Francisca DeJesus
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Represented By
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Mediator
Barry Peek
Scheinman Arbitration & Mediation Services 322 Main Street
Port Washington, NY 11050 |
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Plaintiff
Julio Sanchez
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Represented By
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Docket last updated: 04/23/2025 11:59 PM EDT |
Monday, March 17, 2025 | ||
order
Scheduling Order
Mon 03/17 1:05 PM
ORDER. For the reasons stated on the record, Attorney Stephen D. Hans is relieved as counsel for all Defendants on this case. The Court extends the Court's 2/10/2025 Order granting Mr. Hans's motion to withdraw as attorney at ECF No.24 to all Defendants in this case. Defendant Francisca DeJesus will appear pro se in this action. The parties will engage in discovery. As discussed during the conference, Plaintiff's counsel will now expeditiously mail initial document requests and interrogatories to Defendant DeJesus. Defendant DeJesus must respond within 30 days. Defendant DeJesus must mail initial document requests and interrogatories to Plaintiff on or before 4/11/2025. Plaintiff's responses to Defendant's requests and interrogatories must be mailed on or before 5/16/2025. Goris Mini Market, Inc. can only participate in this action with an attorney. If an attorney does not appear for the company, Goris Mini Market, Inc. will be in default and a judgement may be entered against it. A further status conference is scheduled for 6/10/2025 at 12:00 PM. To gain access to the ZoomGov audio conferencing system, counsel and/or any pro se parties are to dial 1-646-828-7666; enter meeting ID 16121901090 and press the pound key; when asked for a participant ID, press the pound key; and enter passcode 091622 and press the pound key. Please note that your microphone will be automatically muted when you enter the virtual conference room. If another conference is underway, please remain on mute until the case is called. At that time, you may unmute your microphone by pressing *6 on your keypad. The Court will mail a copy of this Order to Defendant Francisca DeJesus, 5906 Saint Felix Ave., Apt. 2R, Ridgewood, NY 11385 and to Goris Mini Market, Inc., 5223 103rd St., Corona, NY 11368. Ordered by Magistrate Judge Vera M. Scanlon on 3/17/2025. (SH) |
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Friday, March 14, 2025 | ||
minutes
Status Conference
Fri 03/14 1:43 PM
Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon: Status Conference held 3/13/2025. Lina Stillman appeared on behalf of Plaintiff. Stephen D. Hans appeared on behalf of Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #15:16-16:01.) (SH) |
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Thursday, February 27, 2025 | ||
order
Scheduling Order
Thu 02/27 2:47 PM
SCHEDULING ORDER: The Court is in receipt of the letter at ECF No.27 . A Status Conference is scheduled for 3/13/2025 at 3:00 PM before Magistrate Judge Vera M. Scanlon via ZoomGov. To gain access to the ZoomGov audio conferencing system, counsel and/or any pro se parties are to dial 1-646-828-7666; enter meeting ID 16121901090 and press the pound key; when asked for a participant ID, press the pound key; and enter passcode 091622 and press the pound key. Please note that your microphone will be automatically muted when you enter the virtual conference room. If another conference is underway, please remain on mute until the case is called. At that time, you may unmute your microphone by pressing *6 on your keypad. Defendant DeJesus is encouraged to consider mediation, apply for a mediation fee waiver by letter to the Court, and apply for a volunteer lawyer to represent her in mediation only. Defendant DeJesus was informed on the record that her failure to represent herself or hire a lawyer, or to participate in this lawsuit, may result in a default judgment against her. The Court will mail a copy of this Order to Defendant Francisca DeJesus, 5906 Saint Felix Ave., Apt. 2R, Ridgewood, NY 11385 and to Goris Mini Market, Inc., 5223 103rd St, Corona, NY 11368. Ordered by Magistrate Judge Vera M. Scanlon on 2/27/2025. (SH) |
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Tuesday, February 18, 2025 | ||
27 | 27
![]() Letter by Goris Mini Market Inc. (Hans, Stephen) |
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Att: 1
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Monday, February 10, 2025 | ||
order
Order on Motion to Withdraw as Attorney Status Report Order
Mon 02/10 1:46 PM
ORDER. On consent, the motion to withdraw as attorney at ECF No.24 is granted as to Defendant Francisca DeJesus. On or before 2/20/2025, counsel for the corporate Defendant must submit a supplement to his motion at ECF No. 24 with regards to representation of the corporate entity, as discussed on the record. If counsel for Defendant is unable to locate the owner of the corporate entity, he must file a letter on the docket by 2/20/2025 describing his efforts to do so. Once the issue regarding representation of the corporate entity is clarified, the Court will schedule a further telephonic conference to discuss the future of the case moving forward. Defendant DeJesus is encouraged to consider mediation, apply for a mediation fee waiver by letter to the Court, and apply for a volunteer lawyer to represent her in mediation only. Defendant DeJesus was informed on the record that her failure to represent herself or hire a lawyer, or to participate in this lawsuit, may result in a default judgment against her. Plaintiff's counsel is encouraged to investigate the ownership of the business currently and whether notice of suit is necessary to such owners. The Court will mail a copy of this Order to Defendant Francisca DeJesus, 5906 Saint Felix Ave., Apt. 2R, Ridgewood, NY 11385. The Court will add Ms. DeJesus's contact information the docket. The Court will also mail a copy of this Order to the corporate address: Goris Mini Market, Inc., 5223 103rd St, Corona, NY 11368. Ordered by Magistrate Judge Vera M. Scanlon on 2/10/2025. (SH) |
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Friday, February 07, 2025 | ||
minutes
Status Conference
Fri 02/07 3:08 PM
Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon: Status Conference held 2/6/2025. Lina Stillman appeared on behalf of Plaintiff. Stephen D Hans appeared on behalf of Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #12:50-13:28.) (SH) |
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Friday, January 31, 2025 | ||
order
Order on Motion to Withdraw
Fri 01/31 1:58 PM
ORDER granting25 Motion to Withdraw. On consent, Defendant Andy Goris will be terminated from the docket in this matter. Ordered by Magistrate Judge Vera M. Scanlon on 1/31/2025. (SH) |
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Wednesday, January 29, 2025 | ||
26 | 26
![]() STATUS REPORT by Julio Sanchez (Stillman, Lina) |
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Tuesday, January 28, 2025 | ||
order
Status Report Order
Tue 01/28 2:14 PM
ORDER. The Court is in receipt of the Motion to Withdraw Individual Defendant Andy Goris at ECF No.25 . In order to comply with Cheeks v. Freeport Pancake House, Inc. , 796 F.3d 199 (2d Cir. 2015), on or before 1/30/2025, counsel must submit a joint letter confirming that no funds have been exchanged in connection with the dismissal of Mr. Goris from this case. Ordered by Magistrate Judge Vera M. Scanlon on 1/28/2025. (SH) |
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Thursday, January 23, 2025 | ||
25 | 25
![]() First MOTION to Withdraw Individual Defendant Andy Goris by Francisca DeJesus, Goris Mini Market Inc.. (Hans, Stephen) |
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Friday, January 17, 2025 | ||
order
Scheduling Order
Fri 01/17 2:46 PM
ORDER. The Court is in receipt of the Defendants' counsel's motion to withdraw as attorney at ECF No.24 . A status conference is scheduled for 2/6/2025 at 12:30 PM before Magistrate Judge Vera M. Scanlon via ZoomGov. To gain access to the ZoomGov audio conferencing system, dial 1-646-828-7666; enter meeting ID 16121901090 and press the pound key; when asked for a participant ID, press the pound key; and enter passcode 091622 and press the pound key. Given Defendants' alleged financial troubles, and given that Defendant Goris Mini Market Inc. may not proceed pro se in this matter and must be represented by an attorney, the Court will discuss the motion to withdraw as attorney at the status conference. All counsel, Individual Defendants Andy Goris and Francisca DeJesus, and a corporate representative of Defendant Goris Mini Market Inc. must participate in the conference. If the motion is granted, the corporate Defendant must be prepared to be represented by new counsel expeditiously. If the motion is granted, the individual Defendants may either represent themselves or hire new counsel. Defendants' counsel must send a copy of this Order to Defendants through e-mail and overnight mail. Ordered by Magistrate Judge Vera M. Scanlon on 1/17/2025. (SH) |
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Thursday, January 09, 2025 | ||
24 | 24
![]() First MOTION to Withdraw as Attorney of record for Defendants by Francisca DeJesus, Goris Mini Market Inc.. (Hans, Stephen) |
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Att: 1
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Thursday, January 02, 2025 | ||
23 | 23
![]() CONSENT to Jurisdiction by US Magistrate Judge Case reassigned to Magistrate Judge Vera M. Scanlon for all further proceedings. Judge Brian M. Cogan no longer assigned to 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. (RG) |
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Monday, December 30, 2024 | ||
22 | 22
![]() CONSENT to Jurisdiction by US Magistrate Judge by Julio Sanchez. (Stillman, Lina) |
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21 | 21
![]() STATUS REPORT by Julio Sanchez (Stillman, Lina) |
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misc
Consent to Jurisdiction by US Magistrate Judge - Declined
Mon 12/30 10:05 AM
NOTICE to Assign District Judge: The Clerk of Court is directed to reassign this case to a district judge. (SH) |
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order
Status Report Order
Mon 12/30 10:21 AM
ORDER. The parties failed to comply with the Court's 11/12/2024 Order. Both parties must submit a Mediation Report as to the progress of mediation. This report can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be submitted by 1/8/2025. Ordered by Magistrate Judge Vera M. Scanlon on 12/30/2024. (SH) |
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utility
Case Assigned/Reassigned
Mon 12/30 12:01 PM
Case Reassigned to Judge Brian M. Cogan. Magistrate Judge Vera M. Scanlon no longer assigned as presider 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. (DA) |
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order
Order(Other) ~Util - Set Hearings
Mon 12/30 2:20 PM
ORDER. This case has been reassigned to the undersigned because, although the parties had been proceeding before Judge Scanlon as the Presiding Judge, they failed to timely return the Rule 73 form consenting to Magistrate Judge jurisdiction, even though they told Judge Scanlon on 10/15/2024 that they would do so. If either or both parties changed their minds, that is their right, but if they merely overlooked the filing deadline, they may have until 1/6/2025 to consent to Magistrate Judge jurisdiction and the case will be reassigned back to Judge Scanlon. If they do not, this Court will hold a status conference on 1/21/2025 at 11:00 am at which it will considerably shorten the discovery schedule entered by Judge Scanlon and place the parties on a prompt discovery and trial schedule. In addition, the parties are advised that this Court does not stay cases for mediation, and, indeed, unless it becomes apparent that both sides enthusiastically agree to proceed with mediation, the Court will vacate the mediation referral. To participate in the telephone conference, the parties are directed to call 571-353-2301 and enter Meeting ID 020454116#. Ordered by Judge Brian M. Cogan on 12/30/2024. (PW) |
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Thursday, November 14, 2024 | ||
20 | 20
![]() ORDER. During the 10/15/2024 conference, Counsel indicated that they would consent to Magistrate Judge serving as the presiding judge in this case. If the parties still agree on consent, they should execute and file the attached form on or before 12/11/2024. Information about the pilot consent program is available at ECF No.4 and the links therein. The parties will not suffer any adverse consequences if they do not consent. Ordered by Magistrate Judge Vera M. Scanlon on 11/14/2024. (SKJ) |
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Tuesday, November 12, 2024 | ||
adr
Report of Mediation(Settled/Unsettled)
Tue 11/12 11:03 AM
REPORT of Mediation Unsettled in mediation. 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 11/26/2024. (JR) |
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Thursday, November 07, 2024 | ||
adr
Selection of Mediator
Thu 11/07 2:46 PM
SELECTION OF MEDIATOR Barry Peek selected as Mediator. Date Time and Location in-person/remote: November 11, 2024. 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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Wednesday, October 16, 2024 | ||
adr
Mediation Instructions
Wed 10/16 1:08 PM
MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms under ADR Forms/Mediation Forms/For Counsel and Parties. Counsel are to select a mediator, contact the mediator to schedule the first mediation session, and file the name of the mediator, date, time and place (in-person or remote) of the first mediation session using the Selection of the Mediator Form on the ADR Forms website under Mediator Forms/For Counsel and Parties: https://www.nyed.uscourts.gov/adr-forms or via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators, their qualifications and contact information, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1). 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 Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms under ADR Forms/Mediation Forms/For Counsel and Parties. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms under ADR Forms/Mediation Forms/For Counsel and Parties. The Mediation Report must be submitted within two weeks following mediation session. (JR) |
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Tuesday, October 15, 2024 | ||
minutes
Initial Conference Hearing
Wed 10/16 12:02 PM
Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon: Initial Conference Hearing held on 10/15/2024. Lina Stillman appearing on behalf of Plaintiff. Stephen Hans appearing on behalf of Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #12:27-12:34.) (SKJ) |
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order
Order Referring Case to Mediation Scheduling Order Status Report Order ~Util - Set Deadlines
Wed 10/16 12:26 PM
SCHEDULING ORDER. On or before 1/17/2025, the parties must serve Rule 26(a)(1) initial disclosures. The parties must also serve initial document requests and interrogatories on or before 1/31/2025. The parties must file a status letter on or before 6/1/2025, updating the Court on the progress of discovery. Fact discovery closes 7/31/2025, and on or before that same date, the parties must file a joint letter certifying the close of discovery. If the parties wish to commence dispositive motion practice, they must file a pre-motion conference letter indicating such on or before 8/29/2025. If dispositive motion practice is not commenced, the parties must file a proposed joint pretrial order on or before 9/30/2025. The parties are referred to Court-annexed mediation. The parties must file their selection of mediator on or before 10/29/2024. On or before 12/16/2024, the parties must complete mediation and file a joint letter with the Court as to the mediation's outcome. The parties are reminded that pursuant to Cheeks v. Freeport Pancake House, Inc. , 796 F.3d 199 (2d Cir. 2015), they must file a joint motion for judicial approval of any proposed settlement agreement. Counsel have stated that they will file a consent to a magistrate judge's jurisdiction over this case. Instructions as to this process are included on the docket at ECF No. 4 . Ordered by Magistrate Judge Vera M. Scanlon on 10/15/2024. (SKJ) |
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Friday, October 11, 2024 | ||
order
~Util - Set Hearings 1 - Terminate Deadlines and Hearings
Fri 10/11 9:35 AM
ORDER. Due to a conflict in the Court's calendar, the 10/15/2024 Initial Conference is rescheduled for 12:15 on the same day . Parties are reminded that to gain access to the ZoomGov audio conferencing system, they are to dial 1-646-828-7666; enter meeting ID 16121901090 and press the pound key; when asked for a participant ID, press the pound key; and enter passcode 091622 and press the pound key. Ordered by Magistrate Judge Vera M. Scanlon on 10/11/2024. (SH) |
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Tuesday, September 24, 2024 | ||
19 | 19
![]() Corporate Disclosure Statement by Francisca DeJesus, Goris Mini Market Inc. (Hans, Stephen) |
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18 | 18
![]() Proposed Scheduling Order by Francisca DeJesus, Goris Mini Market Inc. (Hans, Stephen) |
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Wednesday, September 18, 2024 | ||
17 | 17
![]() ANSWER to9 Amended Complaint by Francisca DeJesus, Goris Mini Market Inc.. (Hans, Stephen) |
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Friday, August 23, 2024 | ||
16 | 16
![]() SUMMONS Returned Executed by Julio Sanchez. Francisca DeJesus served on 8/19/2024, answer due 9/20/2024. (Stillman, Lina) |
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15 | 15
![]() SUMMONS Returned Executed by Julio Sanchez. Goris Mini Market Inc. served on 8/19/2024, answer due 9/20/2024. (Stillman, Lina) |
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Wednesday, August 21, 2024 | ||
order
Order on Motion for Extension of Time to Answer Status Report Order
Wed 08/21 12:28 PM
ORDER. The14 Motion for an Extension of Time to Answer is granted. On consent, Defendants Francisca DeJesus and Goris Mini Market Inc. will answer or otherwise respond to the9 Amended Complaint by 9/20/2024. To the extent Defendant Andy Goris also seeks an extension of time to respond, he must file a separate motion as he does not appear on the motion at ECF No.14 . The Court notes that counsel Lina Stillman appears on the docket for both Plaintiff and Defendant Francisca DeJesus. By 8/23/2024, counsel must contact the Clerk of Court to clarify the docket. Ordered by Magistrate Judge Vera M. Scanlon on 8/21/2024. (CC) |
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Tuesday, August 20, 2024 | ||
14 | 14
![]() First MOTION for Extension of Time to File Answer to Amended Complaint by Francisca DeJesus, Goris Mini Market Inc.. (Hans, Stephen) |
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Friday, August 16, 2024 | ||
13 | 13
![]() NOTICE of Appearance by Stephen D Hans on behalf of Francisca DeJesus, Goris Mini Market Inc. (aty to be noticed) (Hans, Stephen) |
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Thursday, August 15, 2024 | ||
12 | 12
![]() NOTICE of Appearance by Stephen D Hans on behalf of Andy Goris, Goris Mini Market Inc. (aty to be noticed) (Hans, Stephen) |
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Monday, August 12, 2024 | ||
11 | 11
![]() Summons Issued as to Francisca DeJesus, Goris Mini Market Inc.. (SG) |
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Friday, August 09, 2024 | ||
10 | 10
![]() Proposed Summons. Re9 Amended Complaint by Julio Sanchez (Stillman, Lina) |
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9 | 9
![]() AMENDED COMPLAINT against Goris Mini Market Inc., Francisca DeJesus, filed by Julio Sanchez, Francisca DeJesus. (Stillman, Lina) |
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Friday, August 02, 2024 | ||
8 | 8
![]() SUMMONS Returned Executed by Julio Sanchez. Goris Mini Market Inc. served on 7/22/2024, answer due 8/12/2024. (Stillman, Lina) |
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Monday, July 15, 2024 | ||
7 | 7
![]() SCHEDULING ORDER: An Initial Conference is scheduled for 10/15/2024 at 11:00 AM before Magistrate Judge Vera M. Scanlon via ZoomGov. To gain access to the ZoomGov audio conferencing system, the parties are to dial 1-646-828-7666; enter meeting ID 16121901090 and press the pound key; when asked for a participant ID, press the pound key; and enter passcode 091622 and press the pound key. The parties must complete the attached Joint Proposed Case Management Plan (CMP) and file it on ECF no later than 9/24/2024. In the event that any Defendant(s) has not answered or otherwise appeared, Plaintiff must also mail a copy of this Order, its attachment and the full docket to the last known mailing address(es) for such Defendant(s) and file proof on ECF by the CMP filing date. The Court reminds the parties of their responsibility to file a disclosure statement under Federal Rule of Civil Procedure 7.1, if applicable, within 30 days of appearing in this action. As to any LLC, the disclosure statement should identify all of the members and their respective citizenship. Ordered by Magistrate Judge Vera M. Scanlon on 7/15/2024. (CC) |
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Friday, July 12, 2024 | ||
6 | 6
![]() Summons Issued as to Andy Goris, Goris Mini Market Inc.. (KD) |
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5 | 5
![]() This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
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4 | 4
![]() 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.] (KD) |
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utility
Case Assigned/Reassigned
Fri 07/12 9:48 AM
Case Assigned to Magistrate Judge Vera M. Scanlon. 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. (KD) |
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Thursday, July 11, 2024 | ||
3 | 3
![]() Civil Cover Sheet.. by Julio Sanchez (Stillman, Lina) |
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2 | 2
![]() Proposed Summons. by Julio Sanchez (Stillman, Lina) |
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1 | 1
![]() COMPLAINT against Andy Goris, Goris Mini Market Inc. filing fee $ 405, receipt number ANYEDC-18062310 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Julio Sanchez. (Stillman, Lina) |