Pena Duarte v. Falcon General Construction Services, Inc.
Federal Civil Lawsuit New York Eastern District Court, Case No. 2:13-cv-00596

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Last Updated January 14, 2019 at 10:08 AM ST (2.4 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo Carlos Alberto Pena Duarte, Plaintiff

Toggle Switch Represented by Edward Lee Sample , II

Name Phone Fax E-Mail
TERMINATED: 10/08/2014, ATTORNEY TO BE NOTICED Edward Lee Sample, II +1 631 756 0400 +1 631 756 0547

Toggle Switch Represented by Frank & Associates PC

Name Phone Fax E-Mail
TERMINATED: 06/18/2014, ATTORNEY TO BE NOTICED Andrea E. Batres +1 631 756 0400 +1 631 756 0547
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Peter Arcadio Romero +1 631 756 0400 +1 631 756 0547 promero@laborlaws.com
No Logo Wilfredo Pena Duarte, Plaintiff

Toggle Switch Represented by Edward Lee Sample , II

Name Phone Fax E-Mail
TERMINATED: 10/08/2014, ATTORNEY TO BE NOTICED Edward Lee Sample, II +1 631 756 0400 +1 631 756 0547

Toggle Switch Represented by Frank & Associates PC

Name Phone Fax E-Mail
TERMINATED: 06/18/2014, ATTORNEY TO BE NOTICED Andrea E. Batres +1 631 756 0400 +1 631 756 0547
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Peter Arcadio Romero +1 631 756 0400 +1 631 756 0547 promero@laborlaws.com
v.
No Logo Falcon Developement Group, Inc., Defendant
No Logo Falcon General Construction Services, Inc., Defendant
No Logo Gennaro Festa, Defendant
No Logo Sewell Contracting, Inc., Defendant
Citation Section 29 U.S.C. § 201
Nature of Suit 710 - Labor: Fair Labor Standards Act
  Entries (43) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 29 Filed: 6/1/2015, Entered: None Judgment
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    Legal Document (Payment Possibly Required) 29 Filed: 5/29/2015, Entered: None Unknown Document Type
    JUDGMENT in favor of Falcon Developement Group, Inc., Falcon General Construction Services, Inc., Sewell Contracting, Inc., Gennaro Festa Against Carlos Alberto Pena Duarte, Wilfredo Pena Duarte. ORDERED AND ADJUDGED that Plaintiffs take nothing of Defendant; that this case is dismissed for failure to prosecute under Federal Rule of Civil Procedure 41(b); and that this case is hereby closed. Ordered by Clerk of Court on 6/1/2015. (Ortiz, Grisel) (Entered: 06/01/2015)
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      Legal Document (Payment Possibly Required) 28 Filed: 5/18/2015, Entered: 5/18/2015 Unknown Document TypeCourt Filing
      ORDER ADOPTING REPORT AND RECOMMENDATION - Accordingly, the Court hereby adopts the May 1, 2015 Report and Recommendation in its entirety and dismisses this case for failure to prosecute under Federal Rule of Civil Procedure 41(b). The Court notes that, under Second Circuit precedent, sua sponte dismissal for failure to prosecute under Rule 41(b) operates as an adjudication on the merits and that such a dismissal is with prejudice. Jackson v. New York State, 523 F. Appx 67, 68 (2d Cir. 2013); New Phone Co. v. New York City Dept of Info. Tech. & Telecommunications, No. 06CV3529(JG)(KAM), 2007 WL 2908110, at *19 (E.D.N.Y. Oct. 5, 2007)(A dismissal by the Court sua sponte under Rule 41(b) for failure to prosecute operates as an adjudication on the merits and such a dismissal is with prejudice.); Charles v. City of New York, No. 99 CIV. 3786 (RWS), 2007 WL 2728407, at *7 (S.D.N.Y. Sept. 17, 2007)(same). The Clerk of the Court is directed to close this case. So Ordered by Judge Arthur D. Spatt on 5/18/2015. c/ecf Judgment Clerk. (Coleman, Laurie)
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        Legal Document (Payment Possibly Required) 27 Filed: 5/1/2015, Entered: 5/1/2015 Unknown Document TypeCourt Filing
        SUA SPONTE REPORT AND RECOMMENDATIONS: In view of the foregoing lack of activity, and in particular counsels failure to respond to both the March 6 Order and the order of this Court, it is respectfully recommended that the District Court enter an order dismissing this case for failure to prosecute. Objections to R&R due by 5/15/2015. So Ordered by Magistrate Judge Anne Y. Shields on 5/1/2015. (Casalini, Rosalinde) Modified on 5/18/2015 pursuant to Judge Spatt's Chambers to correct the Objections deadline to 5/15/15 (not 5/18/15 as previously indicated). (Coleman, Laurie).
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          Legal Document (Payment Possibly Required) 26 Filed: 3/30/2015, Entered: 3/30/2015 Unknown Document TypeCourt Filing
          ORDER IN RE CASES RE-ASSIGNED. Ordered by Magistrate Judge Anne Y. Shields on 3/23/2015. (Attachments: # 1 AYS RULES) (Torres, Jasmine)
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            Legal Document (Payment Possibly Required) 25 Filed: 10/15/2014, Entered: None Mail Returned
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              Legal Document (Payment Possibly Required) 25 Filed: 10/14/2014, Entered: None
              Mail Returned as Undeliverable; Copy of #22 Order mailed to Falcon Development Group, Inc. returned to sender. (Coleman, Laurie) (Entered: 10/15/2014)
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                Legal Document (Payment Possibly Required) 24 Filed: 10/10/2014, Entered: None Mail Returned
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                  Legal Document (Payment Possibly Required) 24 Filed: 10/9/2014, Entered: None
                  Mail Returned as Undeliverable; 22 Order mailed to Falcon General Construction Services, Inc. returned to sender. (Coleman, Laurie) (Entered: 10/10/2014)
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                    Legal Document (Payment Possibly Required) 23 Filed: 10/9/2014, Entered: None Mail Returned
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                      Legal Document (Payment Possibly Required) 23 Filed: 10/8/2014, Entered: None
                      Mail Returned as Undeliverable; Copy of #22 Order sent to Sewell Contracting, Inc. returned to sender, insufficient address, unable to forward. (Coleman, Laurie) (Entered: 10/09/2014)
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                        Legal Document (Payment Possibly Required) 22 Filed: 9/30/2014, Entered: 9/30/2014 Unknown Document TypeCourt Filing
                        ORDER ADOPTING REPORT AND RECOMMENDATIONS: Mag. Judge Brown's Report and Recommendation is adopted in its entirety. The Plaintiff's motion for a default judgment against Falcon General, Falcon Development, and Sewell is denied. The Court sua sponte dismisses that part of the amended complaint raising FLSA claims against Falcon General, Falcon Development and Sewell. The Court declines to exercise supplemental jurisdiction over the Plaintiffs' state law claims against Falcon General, Falcon Development, and Sewell and that part of the amended complaint is dismissed without prejudice. Ordered by Judge Arthur D. Spatt on 9/30/2014. c/m by ecf and by fcm on defts, Falcon General, Falcon Development and Sewell. (Mahon, Cinthia)
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                          Legal Document (Payment Possibly Required) 21 Filed: 9/11/2014, Entered: 9/11/2014 Unknown Document TypeCourt Filing
                          REPORT AND RECOMMENDATIONS re 18 MOTION for Default Judgment filed by Carlos Alberto Pena Duarte, Wilfredo Pena Duarte. For the reasons set forth in the attached Report and Recommendation, it is respectfully recommended that plaintiffs' motion for entry of a default judgment against Falcon General, Falcon Development and Sewell be denied. Plaintiffs are directed 1) to serve copies of this Report and Recommendation by overnight mail and first class mail to Defendant at its last known address, and 2) to file proof of service on ECF within two days. Entered by Magistrate Judge Gary R. Brown on 9/11/2014. (Demosthenous, Constantina)
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                            Legal Document (Payment Possibly Required) 20 Filed: 2/5/2014, Entered: None
                            SUMMONS ISSUED as to Gennaro Festa. (Coleman, Laurie) (Entered: 02/06/2014)
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                              Legal Document (Payment Possibly Required) 19 Filed: 1/29/2014, Entered: None Court Filing
                              ORDER temporarily granting in part and denying in part 18 Motion for Default Judgment; The Court hereby respectfully refers this matter to United States Magistrate Judge Gary R. Brown for a recommendation as to whether the motion for a default judgment should be granted, and if so, (1) whether damages should be awarded, including reasonable attorneys fees and costs, and (2) whether any other relief should be granted. The Clerk of Court is to note the referral. Motion 18 referred to Gary R. Brown. So Ordered by Judge Arthur D. Spatt on 1/29/2014. (Coleman, Laurie) (Entered: 01/30/2014)
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                                Legal Document (Payment Possibly Required) 18 Filed: 1/29/2014, Entered: None
                                MOTION for Default Judgment by Carlos Alberto Pena Duarte, Wilfredo Pena Duarte. (Attachments: # 1 Declaration in Support of Motion for Default, # 2 Affirmation of Service) (Sample, Edward) (Entered: 01/29/2014)
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                                  Legal Document (Payment Possibly Required) 17 Filed: 1/21/2014, Entered: None
                                  CERTIFICATE OF DEFAULT - It appearing from the docket maintained in this action that defendant Falcon Developement Group, Inc., Falcon General Construction Services, Inc., Sewell Contracting, Inc. has failed to appear or otherwise defend this action, the default of defendant Falcon Developement Group, Inc., Falcon General Construction Services, Inc., Sewell Contracting, Inc. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Coleman, Laurie) (Entered: 01/21/2014)
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                                    Legal Document (Payment Possibly Required) 16 Filed: 1/20/2014, Entered: None
                                    Request for Certificate of Default by Carlos Alberto Pena Duarte, Wilfredo Pena Duarte (Attachments: # 1 Declaration in Support of Certificate of Default, # 2 Certificate of Default) (Sample, Edward) (Entered: 01/20/2014)
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                                      Legal Document (Payment Possibly Required) 15 Filed: 11/15/2013, Entered: None
                                      AMENDED COMPLAINT against All Defendants, filed by Wilfredo Pena Duarte, Carlos Alberto Pena Duarte. (Romero, Peter) (Entered: 11/15/2013)
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                                        Legal Document (Payment Possibly Required) 14 Filed: 11/13/2013, Entered: None Court Filing
                                        ORDER Re: 13 Letter Motion to Amend the Complaint. Request granted. Motion to Amend granted as unopposed. Ordered by Judge Arthur D. Spatt on 11/13/13. Terminating 9 Motion to Amend/Correct/Supplement as granted. (Coleman, Laurie) (Entered: 11/14/2013)
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                                          Legal Document (Payment Possibly Required) 13 Filed: 11/8/2013, Entered: None
                                          Letter MOTION to Amend/Correct/Supplement 1 Complaint, by Carlos Alberto Pena Duarte, Wilfredo Pena Duarte. (Sample, Edward) (Entered: 11/08/2013)
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                                            Legal Document (Payment Possibly Required) 12 Filed: 10/17/2013, Entered: None
                                            NOTICE of Appearance by Peter Arcadio Romero on behalf of All Plaintiffs (notification declined or already on case) (Romero, Peter) (Entered: 10/17/2013)
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                                              Legal Document (Payment Possibly Required) 11 Filed: 10/17/2013, Entered: None
                                              AFFIDAVIT/DECLARATION in Support re 9 MOTION to Amend/Correct/Supplement filed by Carlos Alberto Pena Duarte. (Romero, Peter) (Entered: 10/17/2013)
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                                                Legal Document (Payment Possibly Required) 10 Filed: 10/17/2013, Entered: None
                                                MEMORANDUM in Support re 9 MOTION to Amend/Correct/Supplement filed by Carlos Alberto Pena Duarte. (Romero, Peter) (Entered: 10/17/2013)
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                                                  Legal Document (Payment Possibly Required) 9 Filed: 10/17/2013, Entered: None
                                                  MOTION to Amend/Correct/Supplement by Carlos Alberto Pena Duarte. (Romero, Peter) (Entered: 10/17/2013)
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                                                    Legal Document (Payment Possibly Required) 8 Filed: 8/20/2013, Entered: None
                                                    First MOTION to Amend/Correct/Supplement Complaint and providing status report by Carlos Alberto Pena Duarte, Wilfredo Pena Duarte. (Batres, Andrea) (Entered: 08/20/2013)
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                                                      Legal Document (Payment Possibly Required) 7 Filed: 7/29/2013, Entered: None Court Filing
                                                      ORDER : Absent a specific order to the contrary, all previously established discovery deadlines remain in effect. In addition, any in-person conferences will go forward in courtroom 840 of the Federal Courthouse in Central Islip. Any scheduled telephone conference will be held IN PERSON before Magistrate Judge Brown at the Central Islip Courthouse. Ordered by Magistrate Judge Gary R. Brown on 7/29/2013. (Attachments: # 1 GRB Individual Rules) (Brienza, Lauren) (Entered: 07/29/2013)
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                                                        Legal Document (Payment Possibly Required) 6 Filed: 7/8/2013, Entered: None Court Filing
                                                        Minute Entry for proceedings held before Magistrate Judge E. Thomas Boyle:Initial Conference adjourned to 10/16/13 at 10:00 am. So Ordered by Magistrate E. Thomas Boyle. (Major, Jasmine) (Entered: 07/09/2013)
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                                                          Legal Document (Payment Possibly Required) 5 Filed: 6/19/2013, Entered: None Court Filing
                                                          SCHEDULING ORDER: The initial scheduling conference previously scheduled for June 27, 2013 is adjourned to July 8, 2013 at 2:30 p.m. in Courtroom 830, Alfonse M. D'Amato U.S. Courthouse, Central Islip, New York. All counsel are directed to appear. Counsel for plaintiffs is directed to serve a copy of this Order on defendants upon receipt. So Ordered by Magistrate Judge E. Thomas Boyle on 6/19/2013. (Suarez, Stephanie) (Entered: 06/19/2013)
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                                                            Legal Document (Payment Possibly Required) 4 Filed: 2/28/2013, Entered: None Court Filing
                                                            SCHEDULING ORDER: Initial Conference set for 6/27/2013 10:00 AM in Courtroom 830 before Magistrate Judge E. Thomas Boyle. Counsel for plaintiff(s) or plaintiff pro se is obligated to serve a copy of this order on each defendant. See order for further instructions.. Ordered by Magistrate Judge E. Thomas Boyle on 2/28/2013. (Lundy, Lisa) (Entered: 02/28/2013)
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                                                              Legal Document (Payment Possibly Required) 3 Filed: 2/6/2013, Entered: None
                                                              In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the 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 may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Mahon, Cinthia) (Entered: 02/06/2013)
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                                                                Legal Document (Payment Possibly Required) 2 Filed: 2/1/2013, Entered: None
                                                                Summons Issued as to Falcon General Construction Services, Inc. and Gennaro Festa. (Attachments: #(1) Summons - Jerry Festa) (Mahon, Cinthia) (Entered: 02/06/2013)
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                                                                  Legal Document (Payment Possibly Required) 1 Filed: 2/1/2013, Entered: None
                                                                  COMPLAINT against Falcon General Construction Services, Inc., Gennaro Festa Disclosure Statement on Civil Cover Sheet completed -No,, filed by Wilfredo Pena Duarte, Carlos Alberto Pena Duarte. (Attachments: # 1 Civil Cover Sheet) (Mahon, Cinthia) (Entered: 02/06/2013)
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                                                                    Legal Document (Payment Possibly Required)  Filed: 3/18/2015, Entered: None Unknown Document Type
                                                                    Case Reassigned to Magistrate Judge Anne Y. Shields. Magistrate Judge Gary R. Brown no longer assigned to the case. (Mahoney, Brenna)
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                                                                      Legal Document (Payment Possibly Required)  Filed: 3/6/2015, Entered: None Unknown Document Type
                                                                      STATUS REPORT ORDER Status Report due by 3/16/2015.A review of the docket indicates that there has been no activity in this case since September 2014 against remaining defendant Festa. Counsel for the plaintiff shall inform the court in writing, filed electronically within ten days of this order, of the present status of this case. Oral communication with chambers will not satisfy this request.Failure to respond to this order will result in a Report and Recommendation to the District Court Judge that the case be dismissed for failure to prosecute.. Ordered by Magistrate Judge Gary R. Brown on 3/6/2015. (McMorrow, Karen)
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                                                                        Legal Document (Payment Possibly Required)  Filed: 12/31/2014, Entered: None Unknown Document Type
                                                                        NOTICE - Please be advised that Judge Spatt's Individual Rules Effective January 1, 2015 have been uploaded to the Eastern District of New York website. Please note the changes to previous rules, including those regarding courtesy copies under Rule I(A). (Coleman, Laurie)
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                                                                          Legal Document (Payment Possibly Required)  Filed: 10/17/2013, Entered: None Unknown Document Type
                                                                          Incorrect Case/Document/Entry Information. The #13 Notice of Appearance by Peter Arcadio Romero has been deleted from the above-referenced case as it was duplicative of Docket Entry #12. (Coleman, Laurie)
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                                                                            Legal Document (Payment Possibly Required)  Filed: 10/16/2013, Entered: None Unknown Document Type
                                                                            ORDER: Due to the non-appearance of defendants, the Initial Conference scheduled on 10/16/2013 is adjourned without date. Plaintiff is reminded to make a formal motion to amend the pleadings in accordance with Judge Spatt's Individual Rules. Ordered by Magistrate Judge Gary R. Brown on 10/16/2013. (Brienza, Lauren)
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                                                                              Legal Document (Payment Possibly Required)  Filed: 8/28/2013, Entered: None Unknown Document Type
                                                                              ELECTRONIC ORDER re 8 . Plaintiffs are directed to make a formal motion to amend the pleadings in accordance with Judge Spatt's Individual Rules. Ordered by Magistrate Judge Gary R. Brown on 8/28/2013. (Demosthenous, Constantina)
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                                                                                Legal Document (Payment Possibly Required)  Filed: 8/6/2013, Entered: None Unknown Document Type
                                                                                STATUS REPORT ORDER: Plaintiff is directed to file a written status report by 8/20/2013. Ordered by Magistrate Judge Gary R. Brown on 8/6/2013. (Brienza, Lauren)
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                                                                                  Legal Document (Payment Possibly Required)  Filed: 7/17/2013, Entered: None Unknown Document Type
                                                                                  Magistrate Judge Gary R. Brown added. Magistrate Judge E. Thomas Boyle no longer assigned to case. (Gapinski, Michele)
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                                                                                    Legal Document (Payment Possibly Required)  Filed: 2/7/2013, Entered: None Unknown Document Type
                                                                                    Case Ineligible for Arbitration (Serret, Liliana)
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                                                                                      Legal Document (Payment Possibly Required)  Filed: 2/1/2013, Entered: None Unknown Document Type
                                                                                      FILING FEE: $350.00, receipt number 11668. (Mahon, Cinthia)
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