MANDATE of USCA WITHDRAWING APPEAL (Certified Copy) as to 18 Notice of Appeal, filed by Orlando Godoy, Augustina Pichardo, Veronica Azzalini, Seeta Rojha, Jaime Alvarez, Jair Salinas, Behzad Pasdar, Nereyda Pena USCA Case Number 09-2253. It is hereby stipulated and agreed that appellants may and hereby do withdraw their appeal in this matter, with no costs to either party. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 10/27/2009. (nd) (Entered: 10/28/2009)
NOTICE OF APPEAL from 17 Order on Motion to Dismiss,,. Document filed by Behzad Pasdar, Jaime Alvarez, Jair Salinas, Seeta Rojha, Orlando Godoy, Nereyda Pena, Augustina Pichardo, Veronica Azzalini. Filing fee $ 455.00, receipt number E 689291. (nd) (Entered: 05/28/2009)
MEMORANDUM & ORDER Defendants motion to dismiss is granted. Because the Court has dismissed Plaintiffs' sole federal claim, the Court has no original jurisdiction over this case. The Court, thus, does not address the Plaintiffs' remaining state law claims for breach of contract, fraud, and violations of the New York Labor Law. The Court dismisses Plaintiffs' claims without prejudice, and the Clerk of Court is directed to close the docket in this case.. (Signed by Judge Deborah A. Batts on 5/1/09) (mme) (Entered: 05/01/2009)
REPLY MEMORANDUM OF LAW in Support re: [8] MOTION to Dismiss First Amended Complaint.. Document filed by Restaurant Opportunity Center of New York, Inc.. (Clifton, Daniel)
NOTICE of Voluntary Dismissal pursuant to Rule 41(a)(1) of the F.R.C.P. Plaintiff Jaime Alvarez voluntarily dismisses his complaint. SO ORDERED (Signed by Judge Deborah A. Batts on 1/28/2008) (jmi)
ENDORSED LETTER addressed to Judge Deborah A. Batts from Arthur Z. Schwartz dated 1/14/2008 re: Counsel for Plaintiff write to request one last extension to file our brief in opposition to the Motion to Dismiss. We had agreed previously to allow defendants three weeks to reply, so what we ask is that to day's filing date (January 14, 2008) be approved nunc pro tunc, and that defendants then be allowed until February 5, 2008 to file their reply. ENDORSEMENT: Plaintiffs' late-filed opposition papers are hereby accepted. Further, Defendants shall have until February 15, 2008 to file any reply papers. SO ORDERED., ( Replies due by 2/15/2008.) (Signed by Judge Deborah A. Batts on 1/23/2008) (jmi)
MEMORANDUM OF LAW in Opposition re: [8] MOTION to Dismiss First Amended Complaint.. Document filed by Behzad Pasdar, Jaime Alvarez, Jair Salinas, Seeta Rojha, Orlando Godoy, Nereyda Pena, Augustina Pichardo, Veronica Azzalini. (Schwartz, Arthur)
ENDORSED LETTER addressed to Judge Deborah A. Batts from Arthur Z. Schwartz dated 12/7/07 re: Counsel for Plaintiff proposes the following motion schedule: Plaintiff's opposition will be due on 12/27/07, and Defendant's reply will be due on 1/17/08. ENDORSEMENT: Granted. Set Deadlines/Hearing as to [8] MOTION to Dismiss First Amended Complaint:( Responses due by 12/27/2007, Replies due by 1/17/2008.) (Signed by Judge Deborah A. Batts on 12/11/07) (tro)
ENDORSED LETTER addressed to Judge Deborah A. Batts from Arthur Z. Schwartz dated 11/27/07 re: The parties have agreed to alter the schedule of litigation so the Plaintiff's opposition to Defendant's motion to dismiss will be due on December 6, 2007, and Defendant's reply will be due on December 20, 2007. ENDORSEMENT: Granted., Set Deadlines/Hearing as to [8] MOTION to Dismiss First Amended Complaint:( Responses due by 12/6/2007, Replies due by 12/20/2007.) (Signed by Judge Deborah A. Batts on 11/28/07) (tro)
MEMORANDUM OF LAW in Support re: [8] MOTION to Dismiss First Amended Complaint.. Document filed by Restaurant Opportunity Center of New York, Inc.. (Clifton, Daniel)
DECLARATION of Daniel E. Clifton in Support re: [8] MOTION to Dismiss First Amended Complaint.. Document filed by Restaurant Opportunity Center of New York, Inc.. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C)(Clifton, Daniel)
ENDORSED LETTER addressed to Judge Deborah A. Batts from Daniel F. Clifton dated 10/7/2007 re: I have advised plaintiffs' counsel that defendants intend to file a motion to dismiss the complaint. Counsel have agreed to the following briefing schedule: Defendants' motion papers to be filed by October 12, 2007. Plaintiffs' responding papers to be filed by November 12, 2007. Defendants' reply papers, if any, to be filed by November 26, 2007. ENDORSEMENT: Approved. Motions due by 10/12/2007, Responses due by 11/12/2007, Replies due by 11/26/2007. (Signed by Judge Deborah A. Batts on 10/9/2007) (jmi) Modified on 10/22/2007 (Miles, Janeen).
DEMAND for Trial by Jury. Document filed by Behzad Pasdar, Jaime Alvarez, Jair Salinas, Seeta Rojha, Orlando Godoy, Nereyda Pena, Augustina Pichardo, Veronica Azzalini(Schwartz, Arthur)
5
Filed: 9/6/2007, Entered: 9/7/2007
Amended Complaint
AMENDED COMPLAINT against Restaurant Opportunity Center of New York, Inc., 417 Restaurant LLC, Roc-NY Worker Owner Restaurant, LLC, Saru Jayaraman, Grace Gilbert. Document filed by Behzad Pasdar, Jaime Alvarez, Jair Salinas, Seeta Rojha, Orlando Godoy, Nereyda Pena, Augustina Pichardo, Veronica Azzalini. (jco)
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Filed: 9/6/2007, Entered: 9/7/2007
Note to Attorney to E-Mail PDF
***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Arthur z. Schwartz for noncompliance with Section (3) of the S.D.N.Y. 3rd Amended Instructions For Filing An Electronic Case or Appeal and Section 1(d) of the S.D.N.Y. Procedures For Electronic Case Filing. E-MAIL the PDF for Document [5] Amended Complaint, to: case_openings@nysd.uscourts.gov. (jco)
STIPULATION AND ORDER that plaintiffs' amended complaint shall be filed by 9/7/07; dfts shall file an answer or otherwise move with respect to the amended complaint by 10/5/07. (Signed by Judge Deborah A. Batts on 8/24/07) (dle)
CERTIFICATE OF SERVICE of Notice of Removal served on Orlando Godoy, Nereyda Pena, Augustina Pichardo, Veronica Azzalini, Behzad Pasdar, Jaime Alvarez, Jair Salinas, and Seeta Rojha on August 15, 2007. Service was made by Mail. Document filed by Restaurant Opportunity Center of New York, Inc., Roc-NY Worker Owner Restaurant, LLC. (Clifton, Daniel)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Restaurant Opportunity Center of New York, Inc., 417 Restaurant LLC, Roc-NY Worker Owner Restaurant, LLC, Saru Jayaraman, Grace Gilbert.(jar) Additional attachment(s) added on 8/16/2007 (Becerra, Maribel).
NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 110155-07. (Filing Fee $ 350.00, Receipt Number 624033).Document filed by Restaurant Opportunity Center of New York, Inc., 417 Restaurant LLC, Roc-NY Worker Owner Restaurant, LLC, Saru Jayaraman, Grace Gilbert.(jar) Additional attachment(s) added on 8/16/2007 (Becerra, Maribel).
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Filed: 8/15/2007, Entered: 8/16/2007
Case Designation
Magistrate Judge Michael H. Dolinger is so designated. (jar)
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