Name: Garcia v. Pancho Villa's of Huntington Village, Inc. et al :: New York Eastern District Court :: Federal Civil Lawsuit No. 2:09-cv-00486, Judge E. Thomas Boyle presiding
Creator: New York Eastern District Court
Published: 2009-02-06
License: https://creativecommons.org/publicdomain/mark/1.0/
Keywords: court documents, legal case, docket, PACER, New York Eastern District Court

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149	Filed: 5/4/2012, Entered: None
	SCHEDULING ORDER: A conference will be held on May 11, 2012 at 9:30 a.m. in Courtroom 830, Alfonse M. D'Amato U.S. Courthouse, Central Islip, New York. All counsel are directed to appear. So Ordered by Magistrate Judge E. Thomas Boyle on 5/4/2012. (Minerva, Deanna) (Entered: 05/04/2012)
	Request

148	Filed: 5/1/2012, Entered: None
	MEMORANDUM in Support re 146 MOTION for Settlement Preliminary Approval of Settlement, Approval of Plaintiffs' Proposed Notice of Settlement and Class Action Settlement Procedure filed by All Plaintiffs. (Kessler, Troy) (Entered: 05/01/2012)
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147	Filed: 5/1/2012, Entered: None
	AFFIDAVIT/DECLARATION in Support re 146 MOTION for Settlement Preliminary Approval of Settlement, Approval of Plaintiffs' Proposed Notice of Settlement and Class Action Settlement Procedure filed by All Plaintiffs. (Attachments: # 1 Exhibit Settlement Agreement, # 2 Exhibit Proposed Class Notice, # 3 Exhibit Proposed Notice of Settlement (for Publication), # 4 Exhibit Claim Form) (Kessler, Troy) (Entered: 05/01/2012)
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146	Filed: 5/1/2012, Entered: None
	MOTION for Settlement Preliminary Approval of Settlement, Approval of Plaintiffs' Proposed Notice of Settlement and Class Action Settlement Procedure by Jose Amaya, Neptali Amaya, Wilma Aparicio, Rosa Fuentes, Antonio Garcia, Luis Lopez, Ramon Martinez, Evana Romero, Alvaro Santos. (Attachments: # 1 Exhibit 1 - Proposed Order) (Kessler, Troy) (Entered: 05/01/2012)
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145	Filed: 4/20/2012, Entered: None
	STATUS REPORT by Jose Amaya, Antonio Garcia (Kessler, Troy) (Entered: 04/20/2012)


144	Filed: 4/10/2012, Entered: None
	STATUS REPORT ORDER. The parties are directed to inform the court, in writing via ECF, as to the status of this matter within ten (10) days. Ordered by Magistrate Judge E. Thomas Boyle on 4/10/2012. (Joy, Dolores) (Entered: 04/10/2012)
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143	Filed: 2/6/2012, Entered: None
	Minute Entry for proceedings held before Magistrate Judge Gary R. Brown:Settlement Conference held on 2/6/2012. The parties have reached a settlement in principle. (Brienza, Lauren) (Entered: 02/06/2012)
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142	Filed: 2/3/2012, Entered: None
	ENDORSED ORDER granting re 139 Letter filed by Wilma Aparicio, Agostino Abatvello, Luis Lopez, Rosa Fuentes, Antonio Garcia, Neptali Amaya, Jose Amaya, Ramon Martinez, Evana Romero, Alvaro Santos. Ordered by Magistrate Judge E. Thomas Boyle on 2/3/2012. (Lundy, Lisa) (Entered: 02/03/2012)
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141	Filed: 2/2/2012, Entered: None
	DECLARATION regarding plaintiffs' methodology for calculating damages owed by Jose Amaya, Neptali Amaya, Wilma Aparicio, Rosa Fuentes, Antonio Garcia, Luis Lopez, Ramon Martinez, Evana Romero, Alvaro Santos (Attachments: # 1 Exhibit A - Damages Calculations) (Matura, Marijana) (Entered: 02/02/2012)
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140	Filed: 2/2/2012, Entered: None
	Exhibit List - Jointly Submitted by Jose Amaya, Neptali Amaya, Wilma Aparicio, Rosa Fuentes, Antonio Garcia, Luis Lopez, Ramon Martinez, Evana Romero, Alvaro Santos. (Kessler, Troy) (Entered: 02/02/2012)
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139	Filed: 2/2/2012, Entered: None
	Letter regarding videographer's equipment by Agostino Abatvello, Jose Amaya, Neptali Amaya, Wilma Aparicio, Rosa Fuentes, Antonio Garcia, Luis Lopez, Ramon Martinez, Evana Romero, Alvaro Santos (Kessler, Troy) (Entered: 02/02/2012)
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138	Filed: 1/31/2012, Entered: None
	TRIAL BRIEF by Jose Amaya, Neptali Amaya, Wilma Aparicio, Rosa Fuentes, Antonio Garcia, Luis Lopez, Ramon Martinez, Evana Romero, Alvaro Santos (Matura, Marijana) (Entered: 01/31/2012)
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137	Filed: 1/31/2012, Entered: None
	TRIAL BRIEF setting forth plaintiffs' elements of claims by Jose Amaya, Neptali Amaya, Wilma Aparicio, Rosa Fuentes, Antonio Garcia, Luis Lopez, Ramon Martinez, Evana Romero, Alvaro Santos (Kessler, Troy) (Entered: 01/31/2012)
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136	Filed: 1/30/2012, Entered: None
	MEMORANDUM in Opposition re 129 Notice of MOTION in Limine seeking an order as follows: (a)Precluding defendants from introducing evidence or otherwise referring to plaintiffs immigration status or tax filing history, pursuant to Fed. R. Evid. 401, 402 and 403; and (b)Sanctioning filed by 107 Restaurant Corp., Agostino Abatvello, Agostino Abbatvello, Jr, Pancho Villa's of Glen Cove, Inc., Pancho Villa's of Huntingon Station, Inc., Pancho Villa's of Huntington Village, Inc., Pancho's Restaurant of Glen Cove Inc, Villa's Pancho, Inc.. (Pallaci, Vincent) (Entered: 01/30/2012)
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135	Filed: 1/30/2012, Entered: None
	STIPULATION Regarding Facts Not in Dispute for Trial by Jose Amaya, Neptali Amaya, Wilma Aparicio, Rosa Fuentes, Antonio Garcia, Luis Lopez, Ramon Martinez, Evana Romero, Alvaro Santos (Kessler, Troy) (Entered: 01/30/2012)
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134	Filed: 1/30/2012, Entered: None
	TRIAL BRIEF by 107 Restaurant Corp., Agostino Abatvello, Agostino Abbatvello, Jr, Pancho Villa's of Glen Cove, Inc., Pancho Villa's of Huntingon Station, Inc., Pancho Villa's of Huntington Village, Inc., Pancho's Restaurant of Glen Cove Inc, Villa's Pancho, Inc. (Pallaci, Vincent) (Entered: 01/30/2012)
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133	Filed: 1/26/2012, Entered: None
	Witness List by 107 Restaurant Corp., Agostino Abatvello, Agostino Abbatvello, Jr, Pancho Villa's of Glen Cove, Inc., Pancho Villa's of Huntingon Station, Inc., Pancho Villa's of Huntington Village, Inc., Pancho's Restaurant of Glen Cove Inc, Villa's Pancho, Inc. (Pallaci, Vincent) (Entered: 01/26/2012)
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132	Filed: 1/23/2012, Entered: None
	Witness List by Jose Amaya, Neptali Amaya, Wilma Aparicio, Rosa Fuentes, Antonio Garcia, Luis Lopez, Ramon Martinez, Evana Romero, Alvaro Santos (Kessler, Troy) (Entered: 01/23/2012)
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131	Filed: 1/23/2012, Entered: None
	MEMORANDUM in Support re 129 Notice of MOTION in Limine seeking an order as follows: (a)Precluding defendants from introducing evidence or otherwise referring to plaintiffs immigration status or tax filing history, pursuant to Fed. R. Evid. 401, 402 and 403; and (b)Sanctioning filed by All Plaintiffs. (Kessler, Troy) (Entered: 01/23/2012)
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130	Filed: 1/23/2012, Entered: None
	AFFIDAVIT/DECLARATION in Support re 129 Notice of MOTION in Limine seeking an order as follows: (a)Precluding defendants from introducing evidence or otherwise referring to plaintiffs immigration status or tax filing history, pursuant to Fed. R. Evid. 401, 402 and 403; and (b)Sanctioning filed by All Plaintiffs. (Attachments: # 1 Exhibit 1 - Relevant port0ions of deposition of Agostino Abbatiello, dated Sep. 9, 2009, # 2 Exhibit 2 - Relevant portions of deposition of Agostino Abbatiello, dated Sep. 10, 2009) (Kessler, Troy) (Entered: 01/23/2012)
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129	Filed: 1/23/2012, Entered: None
	Notice of MOTION in Limine seeking an order as follows: (a)Precluding defendants from introducing evidence or otherwise referring to plaintiffs immigration status or tax filing history, pursuant to Fed. R. Evid. 401, 402 and 403; and (b)Sanctioning defendants Agostino Abbatielllo, Villas Pancho Inc., 107 Pancho Restaurant Corp., and Panchos Restaurant of Glen Cove, Inc. for their spoliation of documents required to be maintained pursuant to 29 U.S.C Â§ 211(c); 29 C.F.R. Â§Â§ 29 C.F.R. 516.5 and 516.6; N.Y. Lab. Law Â§ 195; and 12 N.Y.C.R.R. Â§ 146-2.1 by Jose Amaya, Neptali Amaya, Wilma Aparicio, Rosa Fuentes, Antonio Garcia, Luis Lopez, Ramon Martinez, Evana Romero, Alvaro Santos. (Kessler, Troy) (Entered: 01/23/2012)
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128	Filed: 12/21/2011, Entered: None
	STIPULATION Pursuant to FRCP 39 Consent to a Jury Trial before the Court and withdrawing previously filed jury demand by Jose Amaya, Neptali Amaya, Wilma Aparicio, Rosa Fuentes, Antonio Garcia, Luis Lopez, Ramon Martinez, Evana Romero, Alvaro Santos (Kessler, Troy) (Entered: 12/21/2011)
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127	Filed: 12/15/2011, Entered: None
	NOTICE of Appearance by Marijana F Matura on behalf of All Plaintiffs (aty to be noticed) (Matura, Marijana) (Entered: 12/15/2011)
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126	Filed: 12/15/2011, Entered: None
	NOTICE: Procedures for Trials and Hearings before Magistrate Judge Boyle (Minerva, Deanna) (Entered: 12/15/2011)
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125	Filed: 12/15/2011, Entered: None
	MEMORANDUM AND OPINION: Plaintiffs' motion for collective certification, pursuant to the FLSA, is granted. Plaintiffs' motion for class certification of their New York Labor Law claims, pursuant to Rule 23 of the Federal Rules of Civil Procedure, is also granted. Plaintiffs Antonio Garcia and Jose Amaya are appointed class representatives. The parties shall file a list of trial witnesses and trial exhibits no later than January 16, 2012. The trial will commence with jury selection on February 6, 2012 at 9:00 a.m. So Ordered by Magistrate Judge E. Thomas Boyle on 12/15/2011. (Minerva, Deanna) (Entered: 12/15/2011)


124	Filed: 8/8/2011, Entered: None
	REPLY in Support re 120 Notice of MOTION to Certify Class /Collective Action Pursuant to 29 USC 216(b) and Rule 23 - Fully Briefed filed by All Plaintiffs. (Kessler, Troy) (Entered: 08/08/2011)
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123	Filed: 8/8/2011, Entered: None
	MEMORANDUM in Opposition re 120 Notice of MOTION to Certify Class /Collective Action Pursuant to 29 USC 216(b) and Rule 23 - Fully Briefed filed by 107 Restaurant Corp., Agostino Abatvello, Agostino Abbatvello, Jr, Pancho Villa's of Glen Cove, Inc., Pancho Villa's of Huntingon Station, Inc., Pancho Villa's of Huntington Village, Inc., Pancho's Restaurant of Glen Cove Inc, Villa's Pancho, Inc.. (Kessler, Troy) (Entered: 08/08/2011)
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122	Filed: 8/8/2011, Entered: None
	MEMORANDUM in Support re 120 Notice of MOTION to Certify Class /Collective Action Pursuant to 29 USC 216(b) and Rule 23 - Fully Briefed filed by All Plaintiffs. (Kessler, Troy) (Entered: 08/08/2011)
	Request

121	Filed: 8/8/2011, Entered: None
	AFFIDAVIT/DECLARATION in Support re 120 Notice of MOTION to Certify Class /Collective Action Pursuant to 29 USC 216(b) and Rule 23 - Fully Briefed of Troy L. Kessler filed by All Plaintiffs. (Attachments: # 1 Exhibit 1 - January 2010 Order, # 2 Exhibit 2 - Plaintiffs' Second Amended Complaint, # 3 Exhibit 3 - Defendants Answer to Second Amended Complaint, # 4 Exhibit 4 - Relevant Portions of Deposition Transcript of Agostino Abbatiello, Sr. dated Sept. 9, 2009, # 5 Exhibit 5 - Relevant Portions of Deposition Transcript of Agostino Abbatiello, Sr. dated Sept. 10, 2009, # 6 Exhibit 6 - Relevant Portions of Deposition Transcript of Agostino Abbatiello, Jr. dated Sept. 10, 2009, # 7 Exhibit 7 - Relevant Portions of Deposition Transcript of Agostino Abbatiello, Jr. dated Sept. 22, 2009, # 8 Exhibit 8 - Relevant portions of deposition transcript of Antonio Garcia, dated Aug. 19, 2009, # 9 Exhibit 9 - Relevant portions of deposition transcript of Jose Amaya, dated August 6, 2009, # 10 Exhibit 10 - Relevant portions of deposition transcript of Neptali Amaya, dated August 19, 2009, # 11 Exhibit 11 - Relevant portions of deposition transcript of Ramon Martinez, dated August 18, 2009, # 12 Exhibit 12 - 9 - Relevant portions of deposition transcript of Vilma Aparicio, dated August 18, 2009, # 13 Exhibit 13 - 9 - Relevant portions of deposition transcript of Rosa Fuentes, dated August 6, 2009, # 14 Exhibit 14 - 9 - Relevant portions of deposition transcript of Luis Lopez, dated August 18, 2009, # 15 Exhibit 15 - Relevant portions of deposition transcript of Alvaro Santos, dated August 19, 2009, # 16 Exhibit 16 - Relevant portions of deposition transcript of Evana Romero, dated August 6, 2009, # 17 Exhibit 17 - Sampling of Payroll Records from the Pancho Villa's Restaurants, # 18 Exhibit 18 - Defendants Response to the January 2010 Order, # 19 Exhibit 19 - Proposed Pre-Trial Order, # 20 Exhibit 20 - Affidavits of Antonio Garcia and Jose Amaya confirming their desire to serve as class representatives, # 21 Exhibit 21 - Affidavits of plaintiffs consenting to appointment of Antonio Garcia and Jose Amaya as class reprsentatives) (Kessler, Troy) (Entered: 08/08/2011)
	Request

120	Filed: 8/8/2011, Entered: None
	Notice of MOTION to Certify Class /Collective Action Pursuant to 29 USC 216(b) and Rule 23 - Fully Briefed by Jose Amaya, Neptali Amaya, Wilma Aparicio, Rosa Fuentes, Antonio Garcia, Luis Lopez, Ramon Martinez, Evana Romero, Alvaro Santos. (Kessler, Troy) (Entered: 08/08/2011)
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119	Filed: 6/8/2011, Entered: None
	Letter MOTION to Adjourn Conference and to endorse briefing schedule, submitted on consent of all parties by Jose Amaya, Neptali Amaya, Wilma Aparicio, Rosa Fuentes, Antonio Garcia, Luis Lopez, Ramon Martinez, Evana Romero, Alvaro Santos. (Kessler, Troy) (Entered: 06/08/2011)
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118	Filed: 5/26/2011, Entered: None
	SCHEDULING ORDER: A conference shall be held by telephone at 2:00 p.m. on May 31, 2011 with E. Thomas Boyle, United States Magistrate Judge. All counsel shall participate. Plaintiffs' counsel is directed to initiate the conference call and have all parties on the line before connecting the court (631-712-5710). The call should be made through the teleconference operator provided by your long-distance service (e.g., AT&T, MCI, Sprint). SEE order for further details. Ordered by Magistrate Judge E. Thomas Boyle on 5/26/2011. (Joy, Dolores) (Entered: 05/26/2011)
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117	Filed: 4/14/2011, Entered: None
	SCHEDULING ORDER: A status conference will be held on April 15, 2011 at 9:30 a.m. in Courtroom 830, Alfonse M. D'Amato U.S. Courthouse, Cenral Islip, New York. All counsel are directed to appear. So Ordered by Magistrate Judge E. Thomas Boyle on 4/14/2011. (Minerva, Deanna) (Entered: 04/14/2011)
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116	Filed: 4/14/2011, Entered: None
	MEMORANDUM AND OPINION: For the reasons contained in the attached Memorandum Opinion & Order, plaintiffs' motion for summary judgment is granted with respect to the Twenty-Second, Twenty-Third and Twenty-Fourth Affirmative Defenses asserted by defendants in their Answer and those defenses are dismissed. Plaintiffs' motion is denied in all other respects. Defendants' motion for summary judgment is denied in its entirety. So Ordered by Magistrate Judge E. Thomas Boyle on 4/14/2011. (Minerva, Deanna) (Entered: 04/14/2011)
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115	Filed: 12/14/2010, Entered: None
	Minute Entry for proceedings held on 12/14/2010 before Judge Sandra J. Feuerstein; for Civil Cause for Pretrial Conference; Appearances: Pltffs. Atty.: Troy Kessler, present; Defts Atty.: Vincent Pallaci, present; Courtroom Deputy: Bryan Morabito. Case called. Parties execute consent form to proceeding before Judge Boyle for all perposes. (Fagan, Linda) (Entered: 12/16/2010)
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114	Filed: 12/14/2010, Entered: None
	CONSENT to Jurisdiction by US Magistrate Judge by 107 Restaurant Corp., Agostino Abatvello, Agostino Abbatvello, Jr, Jose Amaya, Neptali Amaya, Wilma Aparicio, Carlos Batista, Rosa Fuentes, Antonio Garcia, Luis Lopez, Ramon Martinez, Pancho Villa's of Glen Cove, Inc., Pancho Villa's of Huntingon Station, Inc., Pancho Villa's of Huntington Village, Inc., Pancho's Restaurant of Glen Cove Inc, Paul Rodriguez, Evana Romero, Alvaro Santos, Villa's Pancho, Inc.. Case reassigned to Magistrate Magistrate Judge E. Thomas Boyle. Ordered by Judge Sandra Feuerstein on 12/14/10. (Brienza, Lauren) (Entered: 12/15/2010)
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113	Filed: 12/14/2010, Entered: None
	STIPULATION of Dismissal as against Defendant Carlos Batista only, by Jose Amaya, Neptali Amaya, Wilma Aparicio, Rosa Fuentes, Antonio Garcia, Luis Lopez, Ramon Martinez, Evana Romero, Alvaro Santos (Kessler, Troy) (Entered: 12/14/2010)
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112	Filed: 12/13/2010, Entered: None
	Proposed Pretrial Order - jointly submitted - by Jose Amaya, Neptali Amaya, Wilma Aparicio, Rosa Fuentes, Antonio Garcia, Luis Lopez, Ramon Martinez, Evana Romero, Alvaro Santos (Kessler, Troy) (Entered: 12/13/2010)
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111	Filed: 9/27/2010, Entered: None
	DECLARATION re 105 Affidavit, Exhibits to Pallaci Declaration in Support of Defendants Motion for Partial Summary Judgment by 107 Restaurant Corp., Agostino Abatvello, Agostino Abbatvello, Jr, Pancho Villa's of Glen Cove, Inc., Pancho Villa's of Huntingon Station, Inc., Pancho Villa's of Huntington Village, Inc., Pancho's Restaurant of Glen Cove Inc, Villa's Pancho, Inc. (Attachments: # 1 Exhibits D-P to Pallaci Declaration, # 2 Exhibits Q-V to Pallaci Declaration, # 3 Exhibits W-Z to Pallaci Declaration) (Pallaci, Vincent) (Entered: 09/27/2010)
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110	Filed: 9/24/2010, Entered: None
	REPLY in Support re 103 First MOTION for Summary Judgment filed by 107 Restaurant Corp., Agostino Abatvello, Agostino Abbatvello, Jr, Pancho Villa's of Glen Cove, Inc., Pancho Villa's of Huntingon Station, Inc., Pancho Villa's of Huntington Village, Inc., Pancho's Restaurant of Glen Cove Inc, Villa's Pancho, Inc.. (Pallaci, Vincent) (Entered: 09/24/2010)
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109	Filed: 9/24/2010, Entered: None
	RULE 56.1 STATEMENT re 103 First MOTION for Summary Judgment filed by Jose Amaya, Neptali Amaya, Wilma Aparicio, Rosa Fuentes, Antonio Garcia, Luis Lopez, Ramon Martinez, Evana Romero, Alvaro Santos. (Pallaci, Vincent) (Entered: 09/24/2010)
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108	Filed: 9/24/2010, Entered: None
	DECLARATION re 103 First MOTION for Summary Judgment by Jose Amaya, Neptali Amaya, Wilma Aparicio, Rosa Fuentes, Antonio Garcia, Luis Lopez, Ramon Martinez, Evana Romero, Alvaro Santos (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17) (Pallaci, Vincent) (Entered: 09/24/2010)
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107	Filed: 9/24/2010, Entered: None
	MEMORANDUM in Opposition re 103 First MOTION for Summary Judgment filed by Jose Amaya, Neptali Amaya, Wilma Aparicio, Rosa Fuentes, Antonio Garcia, Luis Lopez, Ramon Martinez, Evana Romero, Alvaro Santos. (Pallaci, Vincent) (Entered: 09/24/2010)
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106	Filed: 9/24/2010, Entered: None
	MEMORANDUM in Support re 103 First MOTION for Summary Judgment filed by Agostino Abatvello, Agostino Abbatvello, Jr, Pancho Villa's of Glen Cove, Inc., Pancho Villa's of Huntingon Station, Inc., Pancho Villa's of Huntington Village, Inc., Pancho's Restaurant of Glen Cove Inc, Villa's Pancho, Inc.. (Attachments: # 1 Part 2 of Memorandum in Support) (Pallaci, Vincent) (Entered: 09/24/2010)
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105	Filed: 9/24/2010, Entered: None
	AFFIDAVIT/AFFIRMATION re 103 First MOTION for Summary Judgment by 107 Restaurant Corp., Agostino Abatvello, Agostino Abbatvello, Jr, Pancho Villa's of Glen Cove, Inc., Pancho Villa's of Huntingon Station, Inc., Pancho Villa's of Huntington Village, Inc., Pancho's Restaurant of Glen Cove Inc, Villa's Pancho, Inc. (Pallaci, Vincent) (Entered: 09/24/2010)
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104	Filed: 9/24/2010, Entered: None
	RULE 56.1 STATEMENT re 103 First MOTION for Summary Judgment filed by 107 Restaurant Corp., Agostino Abatvello, Agostino Abbatvello, Jr, Pancho Villa's of Glen Cove, Inc., Pancho Villa's of Huntingon Station, Inc., Pancho Villa's of Huntington Village, Inc., Pancho's Restaurant of Glen Cove Inc, Villa's Pancho, Inc.. (Pallaci, Vincent) (Entered: 09/24/2010)
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103	Filed: 9/24/2010, Entered: None
	First MOTION for Summary Judgment by 107 Restaurant Corp., Agostino Abatvello, Agostino Abbatvello, Jr, Pancho Villa's of Glen Cove, Inc., Pancho Villa's of Huntingon Station, Inc., Pancho Villa's of Huntington Village, Inc., Pancho's Restaurant of Glen Cove Inc, Villa's Pancho, Inc.. (Pallaci, Vincent) (Entered: 09/24/2010)
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102	Filed: 9/24/2010, Entered: None
	REPLY in Support re 94 First MOTION for Partial Summary Judgment filed by Jose Amaya, Neptali Amaya, Wilma Aparicio, Rosa Fuentes, Antonio Garcia, Luis Lopez, Ramon Martinez, Evana Romero, Alvaro Santos. (Kessler, Troy) (Entered: 09/24/2010)
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101	Filed: 9/24/2010, Entered: None
	MEMORANDUM in Opposition re 94 First MOTION for Partial Summary Judgment filed by John "Doe," last name unknown, 107 Restaurant Corp., Agostino Abatvello, Agostino Abbatvello, Jr, Carlos Batista, Pancho Villa's of Glen Cove, Inc., Pancho Villa's of Huntingon Station, Inc., Pancho Villa's of Huntington Village, Inc., Pancho's Restaurant of Glen Cove Inc, Paul Rodriguez, Villa's Pancho, Inc.. (Kessler, Troy) (Entered: 09/24/2010)
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100	Filed: 9/24/2010, Entered: None
	AFFIDAVIT/DECLARATION in Opposition re 94 First MOTION for Partial Summary Judgment filed by John "Doe," last name unknown, 107 Restaurant Corp., Agostino Abatvello, Agostino Abbatvello, Jr, Carlos Batista, Pancho Villa's of Glen Cove, Inc., Pancho Villa's of Huntingon Station, Inc., Pancho Villa's of Huntington Village, Inc., Pancho's Restaurant of Glen Cove Inc, Paul Rodriguez, Villa's Pancho, Inc.. (Kessler, Troy) (Entered: 09/24/2010)
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99	Filed: 9/24/2010, Entered: None
	RULE 56.1 STATEMENT re 94 First MOTION for Partial Summary Judgment filed by John "Doe," last name unknown, 107 Restaurant Corp., Agostino Abatvello, Agostino Abbatvello, Jr, Carlos Batista, Pancho Villa's of Glen Cove, Inc., Pancho Villa's of Huntingon Station, Inc., Pancho Villa's of Huntington Village, Inc., Pancho's Restaurant of Glen Cove Inc, Paul Rodriguez, Villa's Pancho, Inc.. (Kessler, Troy) (Entered: 09/24/2010)
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98	Filed: 9/24/2010, Entered: None
	EXHIBIT 1-27 by Jose Amaya, Neptali Amaya, Wilma Aparicio, Rosa Fuentes, Antonio Garcia, Luis Lopez, Ramon Martinez, Evana Romero, Alvaro Santos. Related document: 96 Affidavit in Support of Motion filed by Wilma Aparicio, Luis Lopez, Rosa Fuentes, Antonio Garcia, Neptali Amaya, Jose Amaya, Ramon Martinez, Evana Romero, Alvaro Santos. (Attachments: # 1 Exhibit exh 1 - Plaintiffs' 2nd Amended Complaint, # 2 Exhibit exh 2 - Answer to 2nd Amended Complaint, # 3 Exhibit exh 3 - Answer to Amended Complaint on behalf of Batista, Pro Se, # 4 Exhibit exh 4 - Portions of Transcript Def. Abbatiello 9/9/2010, # 5 Exhibit exh 5 - Portions of Transcript Def. Abbatiello 9/10/2010, # 6 Exhibit exh 6 - Portions Transcript Def. Abbatiello, Jr., 9/10/2010, # 7 Exhibit exh 7 - Portions Transcript Def. Abbatiello, Jr., 9/22/2010, # 8 Exhibit exh 8 - Work Schedules Pancho Villa's Huntington Station, # 9 Exhibit exh 9 - Work Schedules Pancho Villa's Glen Cove, # 10 Exhibit exh 10 - Payroll records Pancho Villa's Huntington Village, # 11 Exhibit exh 11 - Payroll records Pancho Villa's Huntington Station, # 12 Exhibit exh 12 - Payroll records Pancho Villa's Glen Cove, # 13 Exhibit exh 13 - Amended Response to Plaintiffs' 1st Set of Interrogatories, Abbatiello, Jr.,, # 14 Exhibit exh 14 - Amended Response to Plaintiffs' 1st Set of Interrogatories, Abbatiello, # 15 Exhibit exh 15 - Amended Response to Plaintiffs' 1st Set of Interrogatories, Pancho Villa's Huntington Station, # 16 Exhibit exh 16 - Amended Response to Plaintiffs' 1st Set of Interrogatories, Pancho Villa's Huntington Village, # 17 Exhibit exh 17 - Amended Response to Plaintiffs' 1st Set of Interrogatories, Pancho Villa's Glen Cove, # 18 Exhibit exh 18 - Amended Response to Plaintiffs' 1st Set of Interrogatories, Villa's Pancho, # 19 Exhibit exh 19 - Portions of Deposition Plaintiff Antonio Garcia, # 20 Exhibit exh 20 - Portions of Deposition Planintiff Jose Amaya, # 21 Exhibit exh 21 - Portions of Deposition Plaintiff Neptali Amaya, # 22 Exhibit exh 22 - Portions of Deposition Plaintiff Ramon Martinez, # 23 Exhibit exh 23 - Portions of Deposition of Plaintiff Vilma Aparicio, # 24 Exhibit exh 24 - Portions of Depositions of Plaintiff Rosa Fuentes, # 25 Exhibit exh 25 - Portions of Deposition of Plaintiff Luis Lopez, # 26 Exhibit exh 26 - Portions of Deposition of Plaintiff Alvaro Santos, # 27 Exhibit exh 27 - Portions of Deposition of Plaintiff Evana Romero) (Kessler, Troy) (Entered: 09/24/2010)
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97	Filed: 9/24/2010, Entered: None
	MEMORANDUM in Support re 94 First MOTION for Partial Summary Judgment filed by Jose Amaya, Neptali Amaya, Wilma Aparicio, Rosa Fuentes, Antonio Garcia, Luis Lopez, Ramon Martinez, Evana Romero, Alvaro Santos. (Kessler, Troy) (Entered: 09/24/2010)
	Request

96	Filed: 9/24/2010, Entered: None
	AFFIDAVIT/DECLARATION in Support re 94 First MOTION for Partial Summary Judgment filed by Jose Amaya, Neptali Amaya, Wilma Aparicio, Rosa Fuentes, Antonio Garcia, Luis Lopez, Ramon Martinez, Evana Romero, Alvaro Santos. (Kessler, Troy) (Entered: 09/24/2010)
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95	Filed: 9/24/2010, Entered: None
	RULE 56.1 STATEMENT re 94 First MOTION for Partial Summary Judgment filed by Jose Amaya, Neptali Amaya, Wilma Aparicio, Rosa Fuentes, Antonio Garcia, Luis Lopez, Ramon Martinez, Evana Romero, Alvaro Santos. (Kessler, Troy) (Entered: 09/24/2010)
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94	Filed: 9/24/2010, Entered: None
	First MOTION for Partial Summary Judgment by Jose Amaya, Neptali Amaya, Wilma Aparicio, Rosa Fuentes, Antonio Garcia, Luis Lopez, Ramon Martinez, Evana Romero, Alvaro Santos. Responses due by 8/13/2010 (Kessler, Troy) (Entered: 09/24/2010)
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93	Filed: 9/14/2010, Entered: None
	SCHEDULING ORDER: The final conference previously scheduled for September 15, 2010 at 2:00 p.m. is rescheduled to June 16, 2011 at 10:00 a.m. by telephone. Plaintiffs' counsel shall initiate the call and have all parties on the line before connecting chambers (631-712-5710). The conference call should be made through the teleconference operator provided by your long-distance service (e.g., AT&T, MCI, Sprint). All counsel must participate. SEE order for further details. Ordered by Magistrate Judge E. Thomas Boyle on 9/14/2010. (Joy, Dolores) (Entered: 09/14/2010)
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92	Filed: 8/5/2010, Entered: None
	ORDER granting 90 Motion for Leave to File Excess Pages. Approved and So Ordered. ( Ordered by Judge Sandra J. Feuerstein on 8/5/2010.) (Fagan, Linda) (Entered: 08/05/2010)
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91	Filed: 8/4/2010, Entered: None
	Letter to Troy L. Kessler, Esq. advising of hte service of defendants' motion for partial summary judgment, sent pursuant to the individual motion practices of the Hon. Sandra J. Feuerstein, U.S.D.J. by 107 Restaurant Corp., Agostino Abatvello, Agostino Abbatvello, Jr, Pancho Villa's of Glen Cove, Inc., Pancho Villa's of Huntingon Station, Inc., Pancho Villa's of Huntington Village, Inc., Pancho's Restaurant of Glen Cove Inc, Villa's Pancho, Inc. (Pallaci, Vincent) (Entered: 08/04/2010)
	Request

90	Filed: 7/30/2010, Entered: None
	First MOTION for Leave to File Excess Pages by 107 Restaurant Corp., Agostino Abatvello, Agostino Abbatvello, Jr, Pancho Villa's of Glen Cove, Inc., Pancho Villa's of Huntingon Station, Inc., Pancho Villa's of Huntington Village, Inc., Pancho's Restaurant of Glen Cove Inc, Villa's Pancho, Inc.. (Pallaci, Vincent) (Entered: 07/30/2010)
	Request

89	Filed: 7/29/2010, Entered: None
	ORDER granting 87 Motion for Extension of Time to File. Ordered by Judge Sandra J. Feuerstein on 7/29/2010. (Brienza, Lauren) (Entered: 07/30/2010)
	Request

88	Filed: 7/30/2010, Entered: None
	Letter to Lawrence A. Kusnick, Esq., advising of the service of plaintiffs' motion for partial summary judgment, sent pursuant to the individual motion practices of the Hon. Sandra J. Feuerstein, U.S.D.J. by Jose Amaya, Neptali Amaya, Wilma Aparicio, Rosa Fuentes, Antonio Garcia, Luis Lopez, Ramon Martinez, Evana Romero, Alvaro Santos (Kessler, Troy) (Entered: 07/30/2010)
	Request

87	Filed: 7/28/2010, Entered: None
	First MOTION for Extension of Time to File Motion for Summary Judgment by 107 Restaurant Corp., Agostino Abatvello, Agostino Abbatvello, Jr, Pancho Villa's of Glen Cove, Inc., Pancho Villa's of Huntingon Station, Inc., Pancho Villa's of Huntington Village, Inc., Pancho's Restaurant of Glen Cove Inc, Villa's Pancho, Inc.. (Pallaci, Vincent) (Entered: 07/28/2010)
	Request

86	Filed: 6/14/2010, Entered: None
	Letter MOTION for Extension of Time to Complete Discovery by Jose Amaya, Neptali Amaya, Wilma Aparicio, Rosa Fuentes, Antonio Garcia, Luis Lopez, Ramon Martinez, Evana Romero, Alvaro Santos. (Kessler, Troy) (Entered: 06/14/2010)
	Request

85	Filed: 5/24/2010, Entered: None
	ANSWER to 78 Amended Complaint,, by Carlos Batista. (Attachments: # 1 Affidavit of Service) (Brienza, Lauren) (Entered: 05/24/2010)
	Request

84	Filed: 4/29/2010, Entered: None
	Minute Entry for proceedings held before Magistrate Judge E. Thomas Boyle:Status Conference held on 4/29/2010, ( Discovery due by 6/15/2010 No further extensions., Final Pretrial Conference by phone set for 9/15/2010 02:00 PM before Magistrate Judge E. Thomas Boyle.) The conference call should be made through the teleconference operator provided by your long-distance service (e.g., AT&T, MCI, Sprint). Any party seeking summary judgment shall do so, consistent with Judge Feuerstein's individual rules, by initiating that procedure by 7/30/10. (So ordered by Mag. Judge Boyle on 4/29/10). (Lundy, Lisa) (Entered: 04/29/2010)
	Request

83	Filed: 4/6/2010, Entered: None
	ANSWER to 78 Amended Complaint,, by 107 Restaurant Corp., Agostino Abatvello, Agostino Abbatvello, Jr, Pancho Villa's of Glen Cove, Inc., Pancho Villa's of Huntingon Station, Inc., Pancho Villa's of Huntington Village, Inc., Pancho's Restaurant of Glen Cove Inc, Villa's Pancho, Inc.. (Pallaci, Vincent) (Entered: 04/06/2010)


82	Filed: 4/2/2010, Entered: None
	SUMMONS Returned Executed by Jose Amaya, Antonio Garcia, Alvaro Santos, Wilma Aparicio, Ramon Martinez, Evana Romero, Luis Lopez, Neptali Amaya, Rosa Fuentes. Paul Rodriguez served on 4/1/2010, answer due 4/22/2010. (Kessler, Troy) (Entered: 04/02/2010)
	Request

81	Filed: 4/2/2010, Entered: None
	SUMMONS Returned Executed by Jose Amaya, Antonio Garcia, Alvaro Santos, Wilma Aparicio, Ramon Martinez, Evana Romero, Luis Lopez, Neptali Amaya. Carlos Batista served on 3/31/2010, answer due 4/21/2010. (Kessler, Troy) (Entered: 04/02/2010)
	Request

80	Filed: 4/2/2010, Entered: None
	SUMMONS Returned Executed by Jose Amaya, Antonio Garcia, Alvaro Santos, Wilma Aparicio, Ramon Martinez, Evana Romero, Luis Lopez, Neptali Amaya, Rosa Fuentes. John "Doe," last name unknown served on 3/31/2010, answer due 4/21/2010. (Kessler, Troy) (Entered: 04/02/2010)
	Request

79	Filed: 3/31/2010, Entered: None
	SUMMONS Returned Executed by Jose Amaya, Antonio Garcia, Alvaro Santos, Wilma Aparicio, Evana Romero, Luis Lopez, Neptali Amaya, Rosa Fuentes. 107 Restaurant Corp. served on 3/16/2010, answer due 4/6/2010; Pancho's Restaurant of Glen Cove Inc served on 3/16/2010, answer due 4/6/2010. (Kessler, Troy) (Entered: 03/31/2010)
	Request

78	Filed: 3/12/2010, Entered: None
	AMENDED COMPLAINT - Second Amendment - Pursuant to Order of Magistrate Justice Boyle - against Agostino Abatvello, Agostino Abbatvello, Jr, Pancho Villa's of Glen Cove, Inc., Pancho Villa's of Huntingon Station, Inc., Pancho Villa's of Huntington Village, Inc., Villa's Pancho, Inc., 107 Restaurant Corp., Pancho's Restaurant of Glen Cove Inc, Paul Rodriguez, Carlos Batista, John "Doe," last name unknown, filed by Jose Amaya, Antonio Garcia, Neptali Amaya, Wilma Aparicio, Evana Romero, Rosa Fuentes, Alvaro Santos, Ramon Martinez, Luis Lopez. (Kessler, Troy) (Entered: 03/12/2010)
	Request

77	Filed: 3/11/2010, Entered: None
	SCHEDULING ORDER: A status conference will be held on April 29, 2010 at 11:00 a.m. in Courtroom 830, Alfonse M. D'Amato U.S. Courthouse, Central Islip, New York. All counsel are directed to appear. SEE Order for further details. So Ordered by Magistrate Judge E. Thomas Boyle on 3/11/2010. (Minerva, Deanna) (Entered: 03/11/2010)
	Request

76	Filed: 3/11/2010, Entered: None
	MEMORANDUM AND OPINION: For the reasons contained in the attached Memorandum Opinion & Order, plaintiffs' motion to amend their Summons and Complaint a second time is granted in its entirety. Plaintiffs are directed to file their Second Amdended Complaint within five (5) days of the date of this Order. So Ordered by Magistrate Judge E. Thomas Boyle on 3/11/2010. (Minerva, Deanna) (Entered: 03/11/2010)
	Request

75	Filed: 2/9/2010, Entered: None
	CONSENT to become party in a class action. by Jose Amaya, Neptali Amaya, Antonio Garcia (Matura, Marijana) (Entered: 02/09/2010)
	Request

74	Filed: 1/28/2010, Entered: None
	NOTICE OF PENDENCY (Spanish Translation attached) (Lundy, Lisa) (Entered: 01/28/2010)
	Request

73	Filed: 1/27/2010, Entered: None
	Letter MOTION to Certify Class - Pursuant to Decision of January 15, 2010 (ECF Doc No.: 72), attaching revised Notices of Pendency, by Jose Amaya, Neptali Amaya, Antonio Garcia. (Attachments: # 1 Exhibit 1 - Notices of Pendency - English & Spanish Language Versions, # 2 Exhibit 2 - Consent to Join Form) (Kessler, Troy) (Entered: 01/27/2010)
	Request

72	Filed: 1/15/2010, Entered: None
	MEMORANDUM AND OPINION: For the reasons contained in the attached Memorandum Opinion and Order, plaintiffs' motion for authorization to proceed as a collective action is granted. Defendants are directed to furnish plaintiffs, within ten (10) days of the date of this Order, with the names and last known physical addresses of those individuals who may be potential plaintiffs in this action. Plaintiffs' proposed Notice of Pendency and Consent to Join Form is hereby approved, subject to the modification discussed herein. Fianlly, plaintiffs are authorized to circulate their Notice of Pendency and Consent to Join Form to all current and former employees of defendants who have been employed within six years prior to the commencement of the within action. Plaintiffs are further authorized to post the Notice of Pendency at all three Pancho Villa's locations named as defendants herein. SEE Memorandum Opinion and Order for further details. So Ordered by Magistrate Judge E. Thomas Boyle on 1/15/2010. (Minerva, Deanna) (Entered: 01/15/2010)
	Request

71	Filed: 1/6/2010, Entered: None
	MEMORANDUM in Opposition re 65 Notice of MOTION to Amend/Correct/Supplement Summons and Complaint filed by Agostino Abatvello, Agostino Abbatvello, Jr, Pancho Villa's of Glen Cove, Inc., Pancho Villa's of Huntingon Station, Inc., Pancho Villa's of Huntington Village, Inc., Villa's Pancho, Inc.. (Kessler, Troy) (Entered: 01/06/2010)
	Request

70	Filed: 1/6/2010, Entered: None
	REPLY in Support re 65 Notice of MOTION to Amend/Correct/Supplement Summons and Complaint - Memorandum of Law in Reply filed by Jose Amaya, Neptali Amaya, Antonio Garcia. (Kessler, Troy) (Entered: 01/06/2010)
	Request

69	Filed: 1/6/2010, Entered: None
	AFFIDAVIT/DECLARATION in Support re 65 Notice of MOTION to Amend/Correct/Supplement Summons and Complaint - Reply declaration of Troy L Kessler filed by Jose Amaya, Neptali Amaya, Antonio Garcia. (Attachments: # 1 Exhibit 1 - Affidavit of Antonio Garcia, # 2 Exhibit 2 - Affidavit of Jose Amaya, # 3 Exhibit 3 - Excerpts from deposition of Agostino Abbatiello) (Kessler, Troy) (Entered: 01/06/2010)
	Request

68	Filed: 1/6/2010, Entered: None
	AFFIDAVIT/DECLARATION in Opposition re 65 Notice of MOTION to Amend/Correct/Supplement Summons and Complaint by Vincent T. Pallaci - with Exhibit attached - filed by Agostino Abatvello, Agostino Abbatvello, Jr, Pancho Villa's of Glen Cove, Inc., Pancho Villa's of Huntingon Station, Inc., Pancho Villa's of Huntington Village, Inc., Villa's Pancho, Inc.. (Kessler, Troy) (Entered: 01/06/2010)
	Request

67	Filed: 1/6/2010, Entered: None
	MEMORANDUM in Support re 65 Notice of MOTION to Amend/Correct/Supplement Summons and Complaint filed by Jose Amaya, Neptali Amaya, Antonio Garcia. (Kessler, Troy) (Entered: 01/06/2010)
	Request

66	Filed: 1/6/2010, Entered: None
	AFFIDAVIT/DECLARATION in Support re 65 Notice of MOTION to Amend/Correct/Supplement Summons and Complaint by Troy L Kessler filed by Jose Amaya, Neptali Amaya, Antonio Garcia. (Attachments: # 1 Exhibit 1 - Proposed Second Amended Summons, # 2 Exhibit 2 - Proposed Second Amended Complaint, # 3 Exhibit 3 - Amended Summons dated 3-27-09, # 4 Exhibit 4 - Amened Complaint dated 3-26-09, # 5 Exhibit 5 - Exceprts of deposition transcript from Agostino Abbatiello, # 6 Exhibit 6 - Excerpts of deposition transcript of Agostino Abbatiello, Jr., # 7 Exhibit 7 - Excerpts of deposition transcript of Luis Lopez) (Kessler, Troy) (Entered: 01/06/2010)
	Request

65	Filed: 1/6/2010, Entered: None
	Notice of MOTION to Amend/Correct/Supplement Summons and Complaint by Jose Amaya, Neptali Amaya, Antonio Garcia. (Kessler, Troy) (Entered: 01/06/2010)
	Request

64	Filed: 12/18/2009, Entered: None
	RESPONSE in Opposition re 60 Supplemental MOTION to Certify Class - currently being held in abeyance by Magistrate Justice Boyle - filed by Agostino Abatvello, Agostino Abbatvello, Jr, Pancho Villa's of Glen Cove, Inc., Pancho Villa's of Huntingon Station, Inc., Pancho Villa's of Huntington Village, Inc., Villa's Pancho, Inc.. (Attachments: # 1 Exhibit Deposition Transcript of Evana Romero, # 2 Exhibit Deposition Transcript of Alvaro Santos) (Pallaci, Vincent) (Entered: 12/18/2009)
	Request

63	Filed: 12/11/2009, Entered: None
	First MOTION to Adjourn Conference by Agostino Abatvello, Agostino Abbatvello, Jr, Pancho Villa's of Glen Cove, Inc., Pancho Villa's of Huntingon Station, Inc., Pancho Villa's of Huntington Village, Inc., Villa's Pancho, Inc.. (Pallaci, Vincent) (Entered: 12/11/2009)
	Request

62	Filed: 12/11/2009, Entered: None
	MEMORANDUM in Support re 46 Fully Briefed MOTION to Certify Class - Conditional Certification of a Collective Action Under the FLSA, 60 Supplemental MOTION to Certify Class - currently being held in abeyance by Magistrate Justice Boyle - filed by Jose Amaya, Neptali Amaya, Antonio Garcia. (Attachments: # 1 Exhibit Exhibit "5" - Excerpts from deposition of opt-in Alvaro Santos) (Kessler, Troy) (Entered: 12/11/2009)
	Request

61	Filed: 12/10/2009, Entered: None
	ORDER granting 56 Motion for Discovery; granting 57 Motion. The parties appeared before the undersigned on December 10, 2009, at which time the following rulings and schedules were set with respect to the pending motions. SEE order for further details. Ordered by Magistrate Judge E. Thomas Boyle on 12/10/2009.Plaintiffs' counsel is directed to serve a copy of this order on all counsel upon receipt. (Joy, Dolores) (Entered: 12/10/2009)
	Request

60	Filed: 11/27/2009, Entered: None
	Supplemental MOTION to Certify Class - currently being held in abeyance by Magistrate Justice Boyle - by Jose Amaya, Neptali Amaya, Antonio Garcia. (Attachments: # 1 Exhibit Exhibit 1 - Excerpts from Deposition of Defendant - Abbatiello - 9/9/09, # 2 Exhibit Exhibit 2 - Excerpts from Deposition of Defendant - Abbatiello - 9/10/09, # 3 Exhibit Exhibit 3 - Excerpts from Deposition of Defendant - Abbatiello, Jr. - 9/10/09, # 4 Exhibit Exhibit 4 - Part 1 -Excerpts from Deposition of Defendant - Abbatiello, Jr. - 9/22/09, # 5 Exhibit Exhibit 4 - Part 2 - Excerpts from Deposition of Defendant - Abbatiello, Jr. - 9/22/09) (Kessler, Troy) (Entered: 11/27/2009)
	Request

59	Filed: 11/19/2009, Entered: None
	SCHEDULING ORDER: Oral argument pertaining to plaintiffs' motion to compel and a pre-motion conference pertaining to plaintiffs' request to file an amended complaint shall be held on December 10, 2009 at 11:00 a.m. before E. Thomas Boyle, United States Magistrate Judge, in the Long Island Federal Courthouse, Courtroom 830, Central Islip, New York. All counsel must be present. SEE order for further details. Ordered by Magistrate Judge E. Thomas Boyle on 11/19/2009. (Joy, Dolores) (Entered: 11/19/2009)
	Request

58	Filed: 11/17/2009, Entered: None
	RESPONSE in Opposition re 56 Letter MOTION for Discovery - Motion to Compel Production filed by Agostino Abatvello, Agostino Abbatvello, Jr, Pancho Villa's of Glen Cove, Inc., Pancho Villa's of Huntingon Station, Inc., Pancho Villa's of Huntington Village, Inc., Villa's Pancho, Inc.. (Pallaci, Vincent) (Entered: 11/17/2009)
	Request

57	Filed: 11/3/2009, Entered: None
	Letter MOTION for pre motion conference regarding Plaintiffs' Motion to Amend the Summons and Complaint by Jose Amaya, Neptali Amaya, Antonio Garcia. (Attachments: # 1 Exhibit Exhibit 1 - Proposed Amended Summons, # 2 Exhibit Proposed Second Amended Complaint) (Kessler, Troy) (Entered: 11/03/2009)
	Request

56	Filed: 11/3/2009, Entered: None
	Letter MOTION for Discovery - Motion to Compel Production by Jose Amaya, Neptali Amaya, Antonio Garcia. (Attachments: # 1 Exhibit Exhibit 1 - Plaintiffs' First Request for the Production of Documents, # 2 Exhibit Exhibit 2 - Plaintiffs' First Set of Interrogatories to Defendants, # 3 Exhibit Exhibit 3 - Defendants' Response to Plaintiffs' First Set of Interrogatories, # 4 Exhibit Exhibit 4 - Defendants' Response to Plainitffs' First Request for Documents, # 5 Exhibit Exhibit 5 - Correspondence to Kushnick & Assoc. - 10-20-09) (Kessler, Troy) (Entered: 11/03/2009)
	Request

55	Filed: 7/30/2009, Entered: None
	CONSENT to become party in a class action. by Jose Amaya, Neptali Amaya, Antonio Garcia (Kessler, Troy) (Entered: 07/30/2009)
	Request

54	Filed: 6/29/2009, Entered: None
	Minute Entry for proceedings held before Magistrate Judge E. Thomas Boyle:Oral Argument held on 6/29/2009; The parties are afforded the right to conduct discovery with respect to certification and to supplement their papers as to the pending motion on which the court heard argument today. Decision is reserved pending receipt of supplemental papers on the motion. (So ordered by Mag. Judge Boyle on 6/29/09). (Tape #2:30-2:38.) (Lundy, Lisa) (Entered: 06/30/2009)
	Request

53	Filed: 6/16/2009, Entered: None
	SCHEDULING ORDER: Oral argument pertaining to the plaintiffs' motion for conditional certification of a collective action under the FLSA, which has been referred to the undersigned by order of Judge Feuerstein, dated June 12, 2009, shall be heard on June 29, 2009 at 2:30 p.m. before E. Thomas Boyle, United States Magistrate Judge, in the Long Island Federal Courthouse, Courtroom 830, Central Islip, New York. All counsel must be present. SEE order for further details. Ordered by Magistrate Judge E. Thomas Boyle on 6/16/2009. Plaintiffs' counsel is directed to serve a copy of this order on all counsel upon receipt. (Joy, Dolores) (Entered: 06/16/2009)
	Request

52	Filed: 6/11/2009, Entered: None
	REPLY in Support re 46 Fully Briefed MOTION to Certify Class - Conditional Certification of a Collective Action Under the FLSA Memorandum of Law In Reply filed by all plaintiffs. (Kessler, Troy) (Entered: 06/11/2009)
	Request

51	Filed: 6/11/2009, Entered: None
	REPLY in Support re 46 Fully Briefed MOTION to Certify Class - Conditional Certification of a Collective Action Under the FLSA Reply Declaration filed by all plaintiffs. (Kessler, Troy) (Entered: 06/11/2009)
	Request

50	Filed: 6/11/2009, Entered: None
	MEMORANDUM in Opposition re 46 Fully Briefed MOTION to Certify Class - Conditional Certification of a Collective Action Under the FLSA filed by all defendants. (Kessler, Troy) (Entered: 06/11/2009)


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49	Filed: 6/11/2009, Entered: None
	AFFIDAVIT/DECLARATION in Opposition re 46 Fully Briefed MOTION to Certify Class - Conditional Certification of a Collective Action Under the FLSA filed by all defendants. (Kessler, Troy) (Entered: 06/11/2009)
	Request

48	Filed: 6/11/2009, Entered: None
	MEMORANDUM in Support re 46 Fully Briefed MOTION to Certify Class - Conditional Certification of a Collective Action Under the FLSA filed by all plaintiffs. (Kessler, Troy) (Entered: 06/11/2009)
	Request

47	Filed: 6/11/2009, Entered: None
	AFFIDAVIT/DECLARATION in Support re 46 Fully Briefed MOTION to Certify Class - Conditional Certification of a Collective Action Under the FLSA filed by Antonio Garcia, Jose Amaya, Neptali Amaya. (Attachments: # 1 Exhibit Exhibit 1 - Plaintiffs' Complaint, # 2 Exhibit Exhibit 2 - Defendants' Answer, # 3 Exhibit Exhibit 3 - Affidavit of Antonio Garcia, # 4 Exhibit Exhibit 4 - Affidavit of Jose Amaya, # 5 Exhibit Exhibit 5 - Affidavit of Neptali Amaya, # 6 Exhibit Exhibit 6 - Affidavit and Opt-in Form of Ramon Martinez, # 7 Exhibit Exhibit 7 - Notice of Pendency and Consent to Join Form) (Kessler, Troy) (Entered: 06/11/2009)
	Request

46	Filed: 6/11/2009, Entered: None
	Fully Briefed MOTION to Certify Class - Conditional Certification of a Collective Action Under the FLSA by Antonio Garcia, Jose Amaya, Neptali Amaya. (Kessler, Troy) (Entered: 06/11/2009)
	Request

45	Filed: 5/20/2009, Entered: None
	ORDER resolving plffs' motion seeking a preliminary injunction. Ordered by Judge Sandra J. Feuerstein on 5/20/2009. (Brienza, Lauren) (Entered: 05/21/2009)
	Request

44	Filed: 5/19/2009, Entered: None
	ORDER adopting Report and Recommendations as to 39 Report and Recommendations in its entirety. SO ORDERED. Ordered by Judge Sandra J. Feuerstein on 5/19/2009. (Brienza, Lauren) (Entered: 05/21/2009)
	Request

43	Filed: 5/19/2009, Entered: None
	STIPULATION re 42 Order on Report and Recommendations, 17 Order to Show Cause,, 39 REPORT AND RECOMMENDATIONS re 9 Amended Complaint filed by Pancho Villa's of Huntingon Station, Inc., Neptali Amaya, Agostino Abatvello, Jose Amaya, Villa's Pancho, Inc., Pancho Villa's of Glen Cove, Inc., Antonio GarciaREPORT AND RECOMMENDATIONS re 9 Amended Complaint filed by Pancho Villa's of Huntingon Station, Inc., Neptali Amaya, Agostino Abatvello, Jose Amaya, Villa's Pancho, Inc., Pancho Villa's of Glen Cove, Inc., Antonio Garcia by Antonio Garcia, Jose Amaya, Neptali Amaya (Kessler, Troy) (Entered: 05/19/2009)
	Request

42	Filed: 5/5/2009, Entered: None
	ORDER adopting Report and Recommendations as to 27 Report and Recommendations. The temporary restraining order issued on April 3, 2009 is extended pending the outcome of the motion by plffs for issuance of a preliminary injunction. SO ORDERED. Ordered by Judge Sandra J. Feuerstein on 5/5/2009. (Brienza, Lauren) (Entered: 05/07/2009)
	Request

41	Filed: 4/30/2009, Entered: None
	ORDER withdrawing 34 Motion for Extension of Time to File Response/Reply. Ordered by Judge Sandra J. Feuerstein on 4/30/2009. (Glueckert, Lisa) (Entered: 05/01/2009)
	Request

40	Filed: 4/29/2009, Entered: None
	Minute Entry for proceedings held before Magistrate Judge E. Thomas Boyle: Initial Pretrial Conference held on 4/29/09;( Discovery due by 11/1/2009., Final Pretrial Conference by phone set for 12/14/2009 01:30 PM before Magistrate Judge E. Thomas Boyle.)The conference call should be made through the teleconference operator provided by your long-distance service(e.g., AT&T, MCI, Sprint). Plaintiff(s) and Defendant(s) shall serve all automatic disclosure (Rule 26(a)(1)by 5/29/09; The parties shall serve document production/interrogatory demands by 7/1/09; The parties shall respond to outstanding document production/interrogatories by 7/31/09. The parties have agreed to the terms and conditions of the preliminary injunction, as set forth on the record thereby obviating the necessity of the evidentiary hearing scheduled for this afternoon at 1:30 p.m. I recommend that said agreed preliminary injunction be granted,as agreed among the parties. The parties are directed to submit forth with a copy of the proceedings today with a proposed order for Judge Feuerstein's review. Pending issuance of the stipulated injunctive relief, the parties agree that the TRO remains in effect. (Court Reporter Dominick Tursi.) (Lundy, Lisa) (Entered: 04/30/2009)
	Request

39	Filed: 4/29/2009, Entered: None
	REPORT AND RECOMMENDATIONS. I recommend that said agreed preliminary injunction be granted, as agreed among the parties. The parties are directed to submit forthwith a copy of the proceedings today with a proposed order for Judge Feuersteins review. Pending issuance of the stipulated injunctive relief, the parties agree that the TRO remains in effect. Objections to R&R due by 5/18/2009. Ordered by Magistrate Judge E. Thomas Boyle on 4/29/2009. (Joy, Dolores) (Entered: 04/29/2009)
	Request

38	Filed: 4/28/2009, Entered: None
	AFFIDAVIT/DECLARATION in Opposition re 14 MOTION for Order to Show Cause MOTION for Temporary Restraining Order, 27 REPORT AND RECOMMENDATIONS re 9 Amended Complaint filed by Pancho Villa's of Huntingon Station, Inc., Neptali Amaya, Agostino Abatvello, Jose Amaya, Villa's Pancho, Inc., Pancho Villa's of Glen Cove, Inc., Antonio GarciaREPORT AND RECOMMENDATIONS re 9 Amended Complaint filed by Pancho Villa's of Huntingon Station, Inc., Neptali Amaya, Agostino Abatvello, Jose Amaya, Villa's Pancho, Inc., Pancho Villa's of Glen Cove, Inc., Antonio Garcia filed by all defendants. (Attachments: # 1 Exhibit, # 2 Memorandum in Opposition) (Kushnick, Lawrence) (Entered: 04/28/2009)
	Request

37	Filed: 4/24/2009, Entered: None
	Letter withdrawing Consent Motion For Exension of Time (document 34) by Pancho Villa's of Huntingon Station, Inc., Pancho Villa's of Huntington Village, Inc., Villa's Pancho, Inc., Pancho Villa's of Glen Cove, Inc., Agostino Abatvello, Agostino Abbatvello, Jr (Attachments: # 1 Exhibit Stipulated Briefing Schedule) (Pallaci, Vincent) (Entered: 04/24/2009)
	Request

36	Filed: 4/23/2009, Entered: None
	CONSENT to become party in a class action. by Antonio Garcia, Jose Amaya, Neptali Amaya (Kessler, Troy) (Entered: 04/23/2009)
	Request

35	Filed: 4/22/2009, Entered: None
	CONSENT to become party in a class action. by Antonio Garcia, Jose Amaya, Neptali Amaya (Kessler, Troy) (Entered: 04/22/2009)
	Request

34	Filed: 4/21/2009, Entered: None
	Consent MOTION for Extension of Time to File Response/Reply as to 29 Letter, by Pancho Villa's of Huntingon Station, Inc., Pancho Villa's of Huntington Village, Inc., Villa's Pancho, Inc., Pancho Villa's of Glen Cove, Inc., Agostino Abatvello, Agostino Abbatvello, Jr. (Pallaci, Vincent) (Entered: 04/21/2009)
	Request

33	Filed: 4/21/2009, Entered: None
	NOTICE of Appearance by Vincent T. Pallaci on behalf of Pancho Villa's of Huntingon Station, Inc., Pancho Villa's of Huntington Village, Inc., Villa's Pancho, Inc., Pancho Villa's of Glen Cove, Inc., Agostino Abatvello, Agostino Abbatvello, Jr (aty to be noticed) (Pallaci, Vincent) (Entered: 04/21/2009)
	Request

32	Filed: 4/21/2009, Entered: None
	CONSENT to become party in a class action. by Antonio Garcia, Jose Amaya, Neptali Amaya (Kessler, Troy) (Entered: 04/21/2009)
	Request

31	Filed: 4/20/2009, Entered: None
	CONSENT to become party in a class action. by Antonio Garcia, Jose Amaya, Neptali Amaya (Matura, Marijana) (Entered: 04/20/2009)
	Request

30	Filed: 4/20/2009, Entered: None
	CONSENT to become party in a class action. by Antonio Garcia, Jose Amaya, Neptali Amaya (Matura, Marijana) (Entered: 04/20/2009)
	Request

29	Filed: 4/17/2009, Entered: None
	Letter to Lawrence A. Kushnick, Esq., advising of the service of plaintiffs' motion for conditional certification of a collective action, sent pursuant to the individual motion practices of the Hon. Sandra J. Feuerstein, U.S.D.J. by Antonio Garcia, Jose Amaya, Neptali Amaya (Kessler, Troy) (Entered: 04/17/2009)
	Request

28	Filed: 4/16/2009, Entered: None
	Minute Entry for proceedings held before Magistrate Judge E. Thomas Boyle:Status Conference held on 4/16/2009, ( Evidentiary Hearing set for 4/29/2009 01:30 PM in Courtroom 830 before Magistrate Judge E. Thomas Boyle.) (So ordered by Mag. Judge Boyle on 4/16/09). (Lundy, Lisa) (Entered: 04/16/2009)
	Request

27	Filed: 4/16/2009, Entered: None
	REPORT AND RECOMMENDATIONS. It is recommended, with the consent of all parties, that the court extend the TRO issued on April 3, 2009, pending the outcome of the motion by plaintiffs for issuance of a preliminary injunction. SEE Report & Recommendation for further details. Objections to R&R due by 5/4/2009. Ordered by Magistrate Judge E. Thomas Boyle on 4/16/2009. (Joy, Dolores) (Entered: 04/16/2009)
	Request

26	Filed: 4/7/2009, Entered: None
	Corporate Disclosure Statement by Pancho Villa's of Huntingon Station, Inc., Pancho Villa's of Huntington Village, Inc., Villa's Pancho, Inc., Pancho Villa's of Glen Cove, Inc. (Kushnick, Lawrence) (Entered: 04/07/2009)
	Request

25	Filed: 4/7/2009, Entered: None
	ANSWER to 9 Amended Complaint by Pancho Villa's of Huntingon Station, Inc., Pancho Villa's of Huntington Village, Inc., Villa's Pancho, Inc., Pancho Villa's of Glen Cove, Inc., Agostino Abatvello, Agostino Abbatvello, Jr. (Kushnick, Lawrence) (Entered: 04/07/2009)
	Request

24	Filed: 4/7/2009, Entered: None
	CONSENT to become party in a class action. by Antonio Garcia, Jose Amaya, Neptali Amaya (Kessler, Troy) (Entered: 04/07/2009)
	Request

23	Filed: 4/3/2009, Entered: None
	Minute Entry for proceedings held before Judge Sandra J. Feuerstein:Civil cause for order to show cause held on 4/3/2009: case called; decision: order signed rulings made on the record. A hearing is scheduled before Judge Feuerstein on 4/24/09 at 10:00 am (Court Reporter Harry Rapaport.) (Bollbach, Jean) (Entered: 04/07/2009)
	Request

22	Filed: 4/3/2009, Entered: None
	AFFIDAVIT of Service for Order to Show Cause, Declaration and Certification Pursuant to FRCP 65 and Memorandum of Law in Support served on Pancho Villa's of Glen Cove, Inc. on April 2, 2009, filed by Antonio Garcia, Jose Amaya, Neptali Amaya. (Kessler, Troy) (Entered: 04/03/2009)
	Request

21	Filed: 4/3/2009, Entered: None
	AFFIDAVIT of Service for Order to Show Cause, Declaration and Certification Pursuant to FRCP 65 and Memorandum of Law in Support served on Pancho Villa's of Huntington Station on April 2, 2009, filed by Antonio Garcia, Jose Amaya, Neptali Amaya. (Kessler, Troy) (Entered: 04/03/2009)
	Request

20	Filed: 4/3/2009, Entered: None
	AFFIDAVIT of Service for Order to Show Cause, Declaration and Certification Pursuant to FRCP 65 and Memorandum of Law in Support served on Villa's Pancho, Inc. on April 2, 2009, filed by Antonio Garcia, Jose Amaya, Neptali Amaya. (Kessler, Troy) (Entered: 04/03/2009)
	Request

19	Filed: 4/3/2009, Entered: None
	AFFIDAVIT of Service for Order to Show Cause, Declaration and Certification Pursuant to FRCP 65 and Memorandum of Law in Support served on Agostino Abbatvello on April 2, 2009, filed by Antonio Garcia, Jose Amaya, Neptali Amaya. (Kessler, Troy) (Entered: 04/03/2009)
	Request

18	Filed: 4/3/2009, Entered: None
	AFFIDAVIT of Service for Order to Show Cause, Declaration and Certification Pursuant to FRCP 65 and Memorandum of Law in Support served on Kushnick & Associates on April 2, 2009, filed by Antonio Garcia, Jose Amaya, Neptali Amaya. (Kessler, Troy) (Entered: 04/03/2009)
	Request

17	Filed: 4/2/2009, Entered: None
	ORDER TO SHOW CAUSE: Show Cause Hearing set for 4/3/2009 12:00 PM before Judge Sandra J. Feuerstein. It is ORDERED, that sufficient reasons appearing therefore, personal service by any person 18 years of age or older upon dfts or their attorneys of a copy of this order to show cause and temporary restraining order, the papers upon which it is based, shall be deemed good and sufficient service if made on or before 5:00 PM on the 2nd day of April, 2009..Ordered by Judge Sandra J. Feuerstein on 4/2/2009. (Brienza, Lauren) (Entered: 04/02/2009)
	Request

16	Filed: 4/2/2009, Entered: None
	MEMORANDUM in Support re 14 MOTION for Order to Show Cause MOTION for Temporary Restraining Order filed by Antonio Garcia, Jose Amaya, Neptali Amaya. (Kessler, Troy) (Entered: 04/02/2009)
	Request

15	Filed: 4/2/2009, Entered: None
	DECLARATION re 14 MOTION for Order to Show Cause MOTION for Temporary Restraining Order in Support of Motion by Troy L. Kessler by Antonio Garcia, Jose Amaya, Neptali Amaya (Attachments: # 1 Exhibit Exhibit 1 - Affidavit of Antonio Garcia, # 2 Exhibit Affidavit of Jose Amaya, # 3 Exhibit Exhibit 3 - Letter Dated March 25, 2009, # 4 Exhibit Exhibit 4 - LAK letter of March 25, 2009, # 5 Exhibit Exhibit 5- TLK letter of March 26, 2009) (Kessler, Troy) (Entered: 04/02/2009)
	Request

14	Filed: 4/2/2009, Entered: None
	MOTION for Order to Show Cause, MOTION for Temporary Restraining Order by Antonio Garcia, Jose Amaya, Neptali Amaya. (Kessler, Troy) (Entered: 04/02/2009)
	Request

13	Filed: 3/31/2009, Entered: None
	SUMMONS Returned Executed by Antonio Garcia. Agostino Abbatvello, Jr served on 3/27/2009, answer due 4/16/2009. (Kessler, Troy) (Entered: 03/31/2009)
	Request

12	Filed: 3/31/2009, Entered: None
	SUMMONS Returned Executed by Antonio Garcia. Villa's Pancho, Inc. served on 3/27/2009, answer due 4/16/2009. (Kessler, Troy) (Entered: 03/31/2009)
	Request

11	Filed: 3/31/2009, Entered: None
	SUMMONS Returned Executed by Antonio Garcia. Pancho Villa's of Huntington Village, Inc. served on 3/27/2009, answer due 4/16/2009. (Kessler, Troy) (Entered: 03/31/2009)
	Request

10	Filed: 3/31/2009, Entered: None
	SUMMONS Returned Executed by Antonio Garcia. Pancho Villa's of Glen Cove, Inc. served on 3/30/2009, answer due 4/20/2009. (Kessler, Troy) (Entered: 03/31/2009)
	Request

9	Filed: 3/26/2009, Entered: None
	AMENDED COMPLAINT against all defendants, filed by all plaintiffs. (Kessler, Troy) (Entered: 03/26/2009)
	Request

8	Filed: 3/11/2009, Entered: None
	STIPULATION Letter Motion by Pancho Villa's of Huntington Village, Inc., Agostino Abbatvello, Jr (Kushnick, Lawrence) (Entered: 03/11/2009)
	Request

7	Filed: 3/10/2009, Entered: None
	Consent MOTION for Extension of Time to File Answer To be So Ordered by Pancho Villa's of Huntington Village, Inc., Agostino Abbatvello, Jr. (Kushnick, Lawrence) (Entered: 03/10/2009)
	Request

6	Filed: 3/5/2009, Entered: None
	CONSENT to become party in a class action. by Antonio Garcia (Kessler, Troy) (Entered: 03/05/2009)
	Request

5	Filed: 2/26/2009, Entered: None
	SCHEDULING ORDER: Initial Conference set for 6/11/2009 10:00 AM in Courtroom 830 before Magistrate Judge E. Thomas Boyle. See order for further instructions. Counsel for Plaintiff(s) or Plaintiff pro se is obligated to serve a copy of this order on each defendant.. Ordered by Magistrate Judge E. Thomas Boyle on 2/26/2009. (Lundy, Lisa) (Entered: 02/26/2009)
	Request

4	Filed: 2/18/2009, Entered: None
	CONSENT to become party in a class action. by Antonio Garcia (Kessler, Troy) (Entered: 02/18/2009)
	Request

3	Filed: 2/10/2009, Entered: None
	SUMMONS Returned Executed by Antonio Garcia. Pancho Villa's of Huntington Village, Inc. served on 2/6/2009, answer due 2/26/2009. (Kessler, Troy) (Entered: 02/10/2009)
	Request

2	Filed: 2/10/2009, Entered: None
	SUMMONS Returned Executed by Antonio Garcia. Agostino Abbatvello, Jr served on 2/6/2009, answer due 2/26/2009. (Kessler, Troy) (Entered: 02/10/2009)
	Request

1	Filed: 2/6/2009, Entered: None
	COMPLAINT (rec. #28838) against Pancho Villa's of Huntington Village, Inc., Agostino Abbatvello, Jr $ 350, filed by Antonio Garcia. (Attachments: # 1 Civil Cover Sheet) (Rodecker, John) (Entered: 02/06/2009)
	Request

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