Case details

Court: nyed
Docket #: 1:11-cv-00414
Case Name: Pollonais et al v. National Construction Rental, Inc. et al
PACER case #: 313980
Date filed: 2011-01-27
Date terminated: 2012-12-14
Assigned to: Magistrate Judge Joan M. Azrack
Case Cause: 29:201 Fair Labor Standards Act
Nature of Suit: 710 Labor: Fair Standards
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Neil Pollonais
Plaintiff
 
Brent E. Pelton
Pelton & Associates, PC
111 Broadway
Suite 1503
New York, NY 10006
212-385-9700
Fax: 212-385-0800
Email: pelton@peltonlaw.com
ATTORNEY TO BE NOTICED
Richard Adams
Plaintiff
 
Brent E. Pelton
(See above for address)
ATTORNEY TO BE NOTICED
Darnell Springer
Plaintiff
Individually and on Behalf of all other Employees Similarly Situated		 
Brent E. Pelton
(See above for address)
ATTORNEY TO BE NOTICED
Oralando Gordon
Plaintiff
 
Brent E. Pelton
(See above for address)
ATTORNEY TO BE NOTICED
Krits Thienachariya
Plaintiff
 
Brent E. Pelton
(See above for address)
ATTORNEY TO BE NOTICED
Jairo Rosado
Plaintiff
 
Brent E. Pelton
(See above for address)
ATTORNEY TO BE NOTICED
Andrew Knight
Plaintiff
 
Brent E. Pelton
(See above for address)
ATTORNEY TO BE NOTICED
Francis Peet
Plaintiff
 
Brent E. Pelton
(See above for address)
ATTORNEY TO BE NOTICED
Ceterino Narvaez
Plaintiff
 
Brent E. Pelton
(See above for address)
ATTORNEY TO BE NOTICED
Francisco Rosario
Plaintiff
 
Brent E. Pelton
(See above for address)
ATTORNEY TO BE NOTICED
Francisco Stephens
Plaintiff
 
Brent E. Pelton
(See above for address)
ATTORNEY TO BE NOTICED
Henry Stephens
Plaintiff
 
Brent E. Pelton
(See above for address)
ATTORNEY TO BE NOTICED
Jose Lara
Plaintiff
 
Brent E. Pelton
(See above for address)
ATTORNEY TO BE NOTICED
Kevin Taylor
Plaintiff
 
Brent E. Pelton
(See above for address)
ATTORNEY TO BE NOTICED
Miguel Frigs
Plaintiff
 
Brent E. Pelton
(See above for address)
ATTORNEY TO BE NOTICED
Pedro Cabrera
Plaintiff
 
Brent E. Pelton
(See above for address)
ATTORNEY TO BE NOTICED
Wartal Reyes
Plaintiff
 
Brent E. Pelton
(See above for address)
ATTORNEY TO BE NOTICED
Wilson Malone
Plaintiff
 
Brent E. Pelton
(See above for address)
ATTORNEY TO BE NOTICED
Juan Cochrane
Plaintiff
 
Brent E. Pelton
(See above for address)
ATTORNEY TO BE NOTICED
Nelson Perez
Plaintiff
 
Brent E. Pelton
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Pedro Green Shep
Plaintiff
 
Brent E. Pelton
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jean M Justin
Plaintiff
 
Brent E. Pelton
(See above for address)
ATTORNEY TO BE NOTICED
Sandy R Hodge
Plaintiff
 
Brent E. Pelton
(See above for address)
ATTORNEY TO BE NOTICED
National Construction Rental, Inc.
Defendant
 
Dominick Cameron Capozzola
Ogletree Deakins Nash Smoak & Stewart P.C.
10 Madison Avenue
Suite 402
Morristown, NJ 07966
973-656-1600
Fax: 973-656-1611
Email: dominick.capozzola@odnss.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Sharon P. Margello
Ogletree Deakins Nash Smoak & Stewart PC
10 Madison Avenue, Suite 402
Morristown, NJ 07960
973-656-1600
Fax: 973-656-1611
Email: sharon.margello@odnss.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
John Does #1-10
Defendant
Jointly and Severally

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2011-01-27 1 0 COMPLAINT against John Does #1-10, National Construction Rental, Inc. Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Neil Pollonais, Richard Adams, Darnell Springer. (Attachments: # 1 Civil Cover Sheet) (Davis, Kimberly) (Entered: 01/31/2011)
2011-02-04 2 0 CONSENT to become party in a class action. by Oralando Gordon (Pelton, Brent) (Entered: 02/04/2011)
2011-02-04 3 0 CONSENT to become party in a class action. by Krits Thienachariya (Pelton, Brent) (Entered: 02/04/2011)
2011-02-04 4 0 CONSENT to become party in a class action. by Jairo Rosado (Pelton, Brent) (Entered: 02/04/2011)
2011-02-04 5 0 CONSENT to become party in a class action. by Andrew Knight (Pelton, Brent) (Entered: 02/04/2011)
2011-02-04 6 0 CONSENT to become party in a class action. by Francis Peet (Pelton, Brent) (Entered: 02/04/2011)
2011-02-09 7 0 CONSENT to become party in a class action. by Ceterino Narvaez (Pelton, Brent) (Entered: 02/09/2011)
2011-02-28 8 0 ANSWER to 1 Complaint by National Construction Rental, Inc.. (Capozzola, Dominick) (Entered: 02/28/2011)
2011-02-28 9 0 Corporate Disclosure Statement by National Construction Rental, Inc. (Capozzola, Dominick) (Entered: 02/28/2011)
2011-03-04 10 0 CONSENT to become party in a class action. by Francisco Rosario, Francisco Stephens, Henry Stephens, Jose Lara, Kevin Taylor, Miguel Frigs, Pedro Cabrera, Wartal Reyes, Wilson Malone (Pelton, Brent) (Entered: 03/04/2011)
2011-03-14 11 0 CONSENT to become party in a class action. by Juan Cochrane (Pelton, Brent) (Entered: 03/14/2011)
2011-03-14 12 0 CONSENT to become party in a class action. by Francisco Stephens (Pelton, Brent) (Entered: 03/14/2011)
2011-03-14 13 0 CONSENT to become party in a class action. by Pedro Cabrera (Pelton, Brent) (Entered: 03/14/2011)
2011-03-14 14 0 CONSENT to become party in a class action. by Wilson Malone (Pelton, Brent) (Entered: 03/14/2011)
2011-03-22 15 0 CONSENT to become party in a class action. by Henry Stephens (Pelton, Brent) (Entered: 03/22/2011)
2011-03-22 16 0 CONSENT to become party in a class action. by Nelson Perez (Pelton, Brent) (Entered: 03/22/2011)
2011-03-22 17 0 CONSENT to become party in a class action. by Pedro Green Shep (Pelton, Brent) (Entered: 03/22/2011)
2011-04-05 18 0 Minute Entry for proceedings held before Magistrate Judge Joan M. Azrack. Brent Pelton, counsel for plaintiff, and Dominick C. Capozzola, counsel for defendant, were present. Initial Conference Hearing held on 4/5/2011. Plaintiff's motion for conditional class certification due by 4/26/11. Defendant is granted leave to motion for limited discovery on the issues surrounding the conditional class certification. Defendant's opposition to the motion due 5/26/11. Plaintiff's reply due 6/3/11. Settlement Conference set for 7/12/2011 at 12:00 PM in Courtroom 6E North before Magistrate Judge Joan M. Azrack. (Manuel, Germaine) (Entered: 04/05/2011)
2011-04-25 19 0 MOTION to Certify Class - Plaintiffs' Motion to Conditionally Certify the Fair Labor Standards Act Collective Action and to Issue Notice to the Class by Richard Adams, Neil Pollonais, Darnell Springer. (Pelton, Brent) (Entered: 04/25/2011)
2011-04-25 20 0 MEMORANDUM in Support of Plaintiffs' Motion to Conditionally Certify the Fair Labor Standards Act Collective Action and to Issue Notice to the Class filed by Richard Adams, Neil Pollonais, Darnell Springer. (Pelton, Brent) (Entered: 04/25/2011)
2011-04-25 21 0 AFFIDAVIT/DECLARATION in Support re 19 MOTION to Certify Class - Plaintiffs' Motion to Conditionally Certify the Fair Labor Standards Act Collective Action and to Issue Notice to the Class Declaration of Brent E. Pelton - filed by Richard Adams, Neil Pollonais, Darnell Springer. (Attachments: # 1 Exhibit Exhibit "A" - Class & Collective Action Complaint, # 2 Exhibit Exhibit "B" - Answer, # 3 Exhibit Exhibit "C" - Declaration of Richard Adams, # 4 Exhibit Exhibit "D" - Declaration of Neil Pollonais, # 5 Exhibit Exhibit E - Declaration of Orlando Gordon, # 6 Exhibit Declaration of Andrew Knight, # 7 Exhibit Declaration of Kevin Taylor, # 8 Exhibit Declaration of Darnell Springer, # 9 Exhibit Exhibit "I" - English and Spanish Notice of Lawsuit with Opportunity to Join forms, # 10 Exhibit Exhibit "J" - English and Spanish Consent to Become a Party Plaintiff forms) (Pelton, Brent) (Entered: 04/25/2011)
2011-04-25 22 0 NOTICE of Appearance by Sharon P. Margello on behalf of National Construction Rental, Inc. (aty to be noticed) (Margello, Sharon) (Entered: 04/25/2011)
2011-06-15 23 0 Consent MOTION to Certify Class for Purposes of Conditional Certification of FLSA Collective Action by National Construction Rental, Inc.. (Capozzola, Dominick) (Entered: 06/15/2011)
2011-07-18 24 0 CONSENT to become party in a class action. by Richard Adams, Neil Pollonais (Attachments: # 1 Exhibit Consent to Sue Forms of: (1) Shane Barnes; (2) Julius Bogues; (3) Dan Segal; (4) Thomas Chatten; (5) Rafael Sime; (6) Luis Martinez Montero; (7) Henry Keene; (8) Jose Ventura Gutierrez; (9) Eric Thompson; (10) Hector H. Carrillo; (11) David Sorak; (12) Terrence Bogan) (Pelton, Brent) (Entered: 07/18/2011)
2011-07-20 25 0 CONSENT to become party in a class action. by Richard Adams, Neil Pollonais (Pelton, Brent) (Entered: 07/20/2011)
2011-07-27 26 0 CONSENT to become party in a class action. by Richard Adams, Neil Pollonais (Pelton, Brent) (Entered: 07/27/2011)
2011-07-27 27 0 CONSENT to become party in a class action. by Richard Adams, Neil Pollonais, Darnell Springer (Pelton, Brent) (Entered: 07/27/2011)
2011-08-01 28 0 CONSENT to become party in a class action. by Richard Adams, Neil Pollonais (Pelton, Brent) (Entered: 08/01/2011)
2011-08-01 29 0 CONSENT to become party in a class action. by Richard Adams, Neil Pollonais (Pelton, Brent) (Entered: 08/01/2011)
2011-08-03 30 0 CONSENT to become party in a class action. by Richard Adams, Neil Pollonais (Pelton, Brent) (Entered: 08/03/2011)
2011-08-08 31 0 CONSENT to become party in a class action. by Richard Adams, Neil Pollonais (Pelton, Brent) (Entered: 08/08/2011)
2011-08-10 32 0 CONSENT to become party in a class action. by Jean M Justin (Pelton, Brent) (Entered: 08/10/2011)
2011-08-11 33 0 CONSENT to become party in a class action. by Sandy R Hodge (Pelton, Brent) (Entered: 08/11/2011)
2011-09-08 34 0 Minute Entry for proceedings held before Magistrate Judge Joan M. Azrack. Brent Pelton, counsel for plaintiff, and Sharon Margello, counsel for defendant, were present. Settlement Conference held on 9/8/2011. Telephone Conference set for 11/3/2011 at 12:30 PM in Chambers before Magistrate Judge Joan M. Azrack. (Manuel, Germaine) (Entered: 09/09/2011)
2011-11-03 35 0 Minute Entry for proceedings held before Magistrate Judge Joan M. Azrack: Status Conference held on 11/3/2011. Discovery is proceeding. Next Status Conference by Telephone set for 1/12/2012 at 12:00 before Magistrate Judge Azrack. (Guzzi, Roseann) (Entered: 11/07/2011)
2012-01-12 36 0 Minute Entry for proceedings held before Magistrate Judge Joan M. Azrack: Status Conference held via telephone on 1/12/2012. Brent Pelton and Taylor Graham, counsel for plaintiffs, and Dominick Capozzola, counsel for defendant National Construction Rental, participated. Defendant to do analysis of records. Telephone Conference set for 2/14/2012 at 11:15 AM in Chambers before Magistrate Judge Joan M. Azrack. (Manuel, Germaine) (Entered: 01/13/2012)
2012-02-14 37 0 Minute Entry for proceedings held before Magistrate Judge Joan M. Azrack: Status Conference held via telephone on 2/14/2012. Brent Pelton, counsel for plaintiff, and Dominick Capozzola and Sharon Margello, counsel for defendants, participated. Settlement Conference set for 4/12/2012 at 01:00 PM in Courtroom 6E North before Magistrate Judge Joan M. Azrack. (Manuel, Germaine) (Entered: 02/15/2012)
2012-04-25 38 0 Minute Entry for proceedings held before Magistrate Judge Joan M. Azrack: Settlement Conference held on 4/25/2012. Counsel for both sides were present. Continuation of Settlement Conference via telephone set for 5/31/2012 at 02:00 PM in Chambers before Magistrate Judge Joan M. Azrack. (Manuel, Germaine) (Entered: 04/26/2012)
2012-05-31 39 0 Minute Entry for proceedings held before Magistrate Judge Joan M. Azrack:Settlement Conference held on 5/31/2012. Counsel to meet regarding prevailing wage jobs. ( Telephone Conference set for 6/26/2012 10:30 AM in Courtroom 6E North before Magistrate Judge Joan M. Azrack.) (Piper, Francine) (Entered: 06/01/2012)
2012-06-26 40 0 Minute Entry for proceedings held before Magistrate Judge Joan M. Azrack:Settlement Conference held on 6/26/2012, ( Settlement Conference set for 8/14/2012 01:00 PM in Courtroom 6E North before Magistrate Judge Joan M. Azrack.) (Piper, Francine) (Entered: 06/28/2012)
2012-08-14 41 0 Minute Entry for proceedings held before Magistrate Judge Joan M. Azrack: Settlement Conference held on 8/14/2012. Brent Pelton and Taylor Graham, counsel for plaintiffs, and Dominick Capozzola and Sharon Margello, counsel for defendants, were present. The case has been settled. Consent to JMA signed. (Manuel, Germaine) (Entered: 08/17/2012)
2012-08-17 42 0 CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Magistrate Judge Joan M. Azrack. (Signed by Judge Margo K. Brodie on 8/16/12) (Piper, Francine) (Entered: 08/17/2012)
2012-10-02 43 0 MOTION for Leave to Electronically File Document under Seal by National Construction Rental, Inc.. (Attachments: # 1 Proposed Order, # 2 Exhibit, # 3 Certificate of Service) (Capozzola, Dominick) (Entered: 10/02/2012)
2012-10-02 44 0 CERTIFICATE of Counsel re 43 MOTION for Leave to Electronically File Document under Seal Supplemental Certificate of Service by Dominick Cameron Capozzola on behalf of National Construction Rental, Inc. (Capozzola, Dominick) (Entered: 10/02/2012)
2012-10-02 45 0 Joint MOTION for Settlement by National Construction Rental, Inc.. (Capozzola, Dominick) (Entered: 10/02/2012)
2012-10-23 46 0 Minute Entry for proceedings held before Magistrate Judge Joan M. Azrack: Status/Telephone Conference held on 10/23/2012. Parties to submit corrected settlement agreement with all exhibits. Parties to submit proposed cover letter that will be sent to the opt-in plaintiffs. (Brucella, Michelle) (Entered: 11/02/2012)
2012-12-10 47 0 Consent MOTION for Settlement of FLSA claims by Richard Adams. (Attachments: # 1 Exhibit Fully-executed Settlement Agreement, # 2 Exhibit Correspondence regarding disputed legal and factual issues) (Pelton, Brent) (Entered: 12/10/2012)
2012-12-14 48 0 Proposed Pretrial Order and Stipulation of Dismissal (FRCP 41(a)(2)) by National Construction Rental, Inc. (Capozzola, Dominick) (Entered: 12/14/2012)
2012-12-14 49 0 STIPULATION AND ORDER OF DISMISSAL: The Complaint in this action, and all of the claims alleged therein, are dismissed with prejudice. Ordered by Magistrate Judge Joan M. Azrack on 12/14/2012. (Brucella, Michelle) (Entered: 12/14/2012)