New York Eastern District Court
Judge:James M Wicks
Case #: 2:25-cv-02219
Nature of Suit710 Labor - Fair Labor Standards Act
Cause28:1331 Fed. Question: Fair Labor Standards
Case Filed:Apr 22, 2025
Last checked: Tuesday Apr 22, 2025 12:08 PM EDT
Defendant
Dari Jill Kleinwaks
Defendant
Robert Kleinwaks
Defendant
Zachary Kleinwaks
Defendant
R J Bagel LLC
Plaintiff
Santos Maldonado
Represented By
Roman M. Avshalumov
Helen F. Dalton & Associates, P.C.
contact info
James Patrick Peter O'Donnell
contact info
Katelyn Marie Schillaci
Helen F. Dalton & Associates
contact info


Docket last updated: 05/21/2025 11:59 PM EDT
Tuesday, May 20, 2025
order Order on Motion for Extension of Time to Answer Tue 05/20 8:53 AM
ORDER granting13 Motion for Extension of Time to Answer. The time in which Defendants are to answer or otherwise move against the Complaint has been extended to and includes June 18, 2025 . So Ordered by Magistrate Judge James M. Wicks on 5/20/2025. (JAF)
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order Scheduling Order Tue 05/20 11:50 AM
INITIAL CONFERENCE SCHEDULING ORDER: An Initial Rule 16 Scheduling Conference will be held on July 1, 2025 at 11:00 AM before Magistrate Judge James M. Wicks via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. All counsel must attend. Following the conference, the Court will issue a Discovery Order tailored to the circumstances of this FLSA case. As such, counsel need not prepare a discovery worksheet prior to the Initial Conference. This conference is a public proceeding, and all are welcome to attend via telephone or via video. If you would like to receive the Zoom invitation, please contact Judge Wicks' Courtroom Deputy at (631) 712-5625. Parties shall comply with Judge Wicks' Individual Rules regarding Expectations for Remote Appearances (Rule §1E) . Counsel for all parties are directed to review Docket Entry No.7 , concerning the assignment of a Magistrate Judge to oversee this case. If by August 1, 2025 all parties have not signed and filed the consent form consenting to the jurisdiction of the assigned Magistrate Judge, the Clerk of Court is directed to randomly assign a District Judge to the case. In that event, the assigned Magistrate Judge will remain on the case and preside over all non-dispositive pretrial matters unless the assigned District Judge orders otherwise. So Ordered by Magistrate Judge James M. Wicks on 5/20/2025. (DF)
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Monday, May 19, 2025
13 13 motion Extension of Time to File Answer Mon 05/19 1:04 PM
First MOTION for Extension of Time to File Answer re1 Complaint, by Dari Jill Kleinwaks, Robert Kleinwaks, Zachary Kleinwaks, R J Bagel LLC. (Byrnes, John)
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Friday, May 09, 2025
12 12 service Affidavit of Service Fri 05/09 9:59 AM
AFFIDAVIT of Service for Affidavit of Service served on R J Bagel LLC d/b/a Beyond Bagels on 4/30/2025, filed by Santos Maldonado. (Avshalumov, Roman)
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Monday, May 05, 2025
11 11 service Summons Returned Executed Mon 05/05 8:28 AM
SUMMONS Returned Executed by Santos Maldonado. Dari Jill Kleinwaks served on 4/26/2025, answer due 5/19/2025. (Avshalumov, Roman)
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Wednesday, April 30, 2025
10 10 service Summons Returned Executed Wed 04/30 9:13 AM
SUMMONS Returned Executed by Santos Maldonado. Robert Kleinwaks served on 4/26/2025, answer due 5/19/2025. (Avshalumov, Roman)
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9 9 service Summons Returned Executed Wed 04/30 9:11 AM
SUMMONS Returned Executed by Santos Maldonado. R J Bagel LLC served on 4/26/2025, answer due 5/19/2025. (Avshalumov, Roman)
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Tuesday, April 22, 2025
8 8 service Summons Issued Tue 04/22 4:19 PM
Summons Issued as to Dari Jill Kleinwaks, Robert Kleinwaks, Zachary Kleinwaks, R J Bagel LLC. (SMF)
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7 7 notice Notice of Opportunity to Consent Tue 04/22 4:11 PM
Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form is also available here:[LINK:https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program.] Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website:[LINK:https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program.] (SMF)
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6 6 misc Quality Control Check - Attorney Case Opening Tue 04/22 4:09 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (SMF)
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5 5 notice Notice of Appearance Tue 04/22 11:32 AM
NOTICE of Appearance by Katelyn Marie Schillaci on behalf of Santos Maldonado (aty to be noticed) (Schillaci, Katelyn)
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4 4 notice Notice of Appearance Tue 04/22 11:31 AM
NOTICE of Appearance by James Patrick Peter O'Donnell on behalf of Santos Maldonado (aty to be noticed) (O'Donnell, James)
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3 3 misc Proposed Summons/Civil Cover Sheet Tue 04/22 11:30 AM
Proposed Summons. Re1 Complaint,2 Proposed Summons/Civil Cover Sheet by Santos Maldonado (Avshalumov, Roman)
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2 2 misc Proposed Summons/Civil Cover Sheet Tue 04/22 11:29 AM
Civil Cover Sheet.. Re1 Complaint, by Santos Maldonado (Avshalumov, Roman)
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1 1 11 pgs cmp Complaint Tue 04/22 11:29 AM
COMPLAINT against Dari Jill Kleinwaks, Robert Kleinwaks, Zachary Kleinwaks, R J Bagel LLC filing fee $ 405, receipt number ANYEDC-18975093 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Santos Maldonado. (Avshalumov, Roman) Modified on 4/22/2025 (SMF)
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utility Case Assigned/Reassigned Tue 04/22 4:10 PM
Case Assigned to Magistrate Judge James M. Wicks. 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. (SMF)
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