Case details

Court: nyed
Docket #: 1:14-cv-04049
Case Name: Saldana v. New Start Group, Inc.
PACER case #: 358209
Date filed: 2014-06-30
Date terminated: 2016-07-06
Date of last filing: 2016-01-28
Assigned to: Judge Carol Bagley Amon
Referred to: Magistrate Judge Roanne L. Mann
Case Cause: 29:201 Fair Labor Standards Act
Nature of Suit: 710 Labor: Fair Standards
Jury Demand: None
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Victor Saldana
Plaintiff
David Abrams
David Abrams, Attorney at Law P.O. Box 3353 Church Street Station New York, NY 10008 212-897-5821 Email: dnabrams@gmail.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joshua Fingold
Joshua Fingold Esq. 10 Rockefeller Plaza 16th Floor New York, NY 10020 212-837-8490 Fax: 516-977-1292 Email: josh@fingoldlaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Teresa Peacocke
3 Stone Buildings New York 10 Rockefeller Plaza 16th Floor New York, NY 10020 212-713-7680 Fax: 212-713-7679 Email: tpeacocke@3sb.law.co.uk
PRO HAC VICE ATTORNEY TO BE NOTICED

New Start Group, Inc.
Defendant
Paul Rex Golden
Hagan, Coury & Associates 908 Fourth Avenue Brooklyn, NY 11232 718-788-5052 Fax: 718-788-2877 Email: prgolden@aol.com
TERMINATED: 03/18/2015 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Thomas M. DeSimone
Thomas M. DeSimone, Esq. 44 Wall Street New York, NY 10005 212-461-2278 Fax: 212-461-2279 Email: tmdesimone@gmail.com
ATTORNEY TO BE NOTICED

Food First Inc.
Defendant
Paul Rex Golden
(See above for address)
TERMINATED: 03/18/2015 ATTORNEY TO BE NOTICED

Thomas M. DeSimone
(See above for address)
ATTORNEY TO BE NOTICED

first food housing development funding company inc.
Defendant
Paul Rex Golden
(See above for address)
TERMINATED: 03/18/2015 ATTORNEY TO BE NOTICED

Thomas M. DeSimone
(See above for address)
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2014-06-30 1 0 COMPLAINT against New Start Group, Inc. Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Victor Saldana. (Attachments: # 1 Civil Cover Sheet) (Bowens, Priscilla) (Entered: 06/30/2014)
2014-06-30 2 0 Summons Issued as to New Start Group, Inc.. (Bowens, Priscilla) (Entered: 06/30/2014)
2014-06-30 3 0 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. (Bowens, Priscilla) (Entered: 06/30/2014)
2014-08-14 4 0 ANSWER to 1 Complaint by New Start Group, Inc.. (Attachments: # 1 Rule 7.1 Disclosure form, # 2 Affidavit of Service) (Golden, Paul) (Entered: 08/14/2014)
2014-08-14 5 0 SCHEDULING ORDER: Initial Conference set for 10/14/2014 11:30 AM in Courtroom 13C South before Magistrate Judge Roanne L. Mann. See attached scheduling order for initial conference requirements. Ordered by Magistrate Judge Roanne L. Mann on 8/14/2014. (Bauermeister, Mischa) (Entered: 08/14/2014)
2014-09-08 6 0 First MOTION for Leave to File summary judgment motion, and request for a pre motion conference, and to adjourn discovery conference by New Start Group, Inc.. (Golden, Paul) (Entered: 09/08/2014)
2014-09-09 7 0 MOTION to Adjourn Conference , MOTION for pre motion conference re Order on Motion for Leave to File by Victor Saldana. (Abrams, David) (Entered: 09/09/2014)
2014-09-11 8 0 ORDER re Order. In view of Judge Amon's order of yesterday referring the parties' letter-motions to the undersigned magistrate judge, the jurisdictional issues discussed in those letters will be addressed at the October 14th initial conference. The parties are directed to commence discovery on those issues prior to the conference. Ordered by Magistrate Judge Roanne L. Mann on 9/11/2014. (Maynard, Pat) (Entered: 09/11/2014)
2014-10-14 9 0 Minute Entry for proceedings held before Magistrate Judge Roanne L. Mann:Initial Conference/Premotion Hearing held on 10/14/2014. The Court conducts an initial conference and premotion conference. Motions practice is deferred pending plaintiff's filing of an amended complaint setting forth his theory of "joint employer" and adding new defendants; the amended complaint is due by October 29, 2014; New Start Group's answer is due by December 5, 2014. The parties are directed to confer and, by December 15, 2014, they will either file a joint proposed discovery schedule or defendant will file a new request for a premotion conference. (Maynard, Pat) Modified on 10/14/2014 (Maynard, Pat). (Entered: 10/14/2014)
2014-10-29 10 0 AMENDED COMPLAINT against New Start Group, Inc., Food First Inc., first food housing development funding company inc., filed by Victor Saldana. (Abrams, David) (Entered: 10/29/2014)
2014-11-17 11 0 AMENDED SUMMONS Issued as to New Start Group, Inc.. (Valderrama, Freddie) (Entered: 11/17/2014)
2014-12-04 12 0 ANSWER to 10 Amended Complaint by All Defendants. (Golden, Paul) (Entered: 12/04/2014)
2014-12-04 13 0 This is the 7.1 disclosure statement as part of the ANSWER to 10 Amended Complaint by All Defendants. (Golden, Paul) (Entered: 12/04/2014)
2014-12-15 14 0 Second MOTION for Summary Judgment This is a letter request for a pre motion conference pursuant to the Court's Rule Section 3(A) by Food First Inc., New Start Group, Inc., first food housing development funding company inc.. (Golden, Paul) Modified to Motion for Pre Motion Conference on 2/25/2015 (Lee, Tiffeny). (Entered: 12/15/2014)
2014-12-22 15 0 RESPONSE to Motion re 14 Second MOTION for Summary Judgment This is a letter request for a pre motion conference pursuant to the Court's Rule Section 3(A) filed by Victor Saldana. (Abrams, David) (Entered: 12/22/2014)
2014-12-22 16 0 MOTION to Compel by Victor Saldana. (Abrams, David) (Entered: 12/22/2014)
2014-12-23 17 0 SCHEDULING ORDER: re 16 MOTION to Compel filed by Victor Saldana. Defendants' response to plaintiff's Motion to Compel is due by December 29, 2014. A telephone conference addressing that dispute, as well as defendants' second request for a premotion conference, DE #14, will be held on January 9, 2015, at 2:00 p.m. Defense counsel is directed to initiate the call. Ordered by Magistrate Judge Roanne L. Mann on 12/23/2014. (Maynard, Pat) (Entered: 12/23/2014)
2014-12-25 18 0 MOTION to Adjourn Conference by Victor Saldana. (Abrams, David) (Entered: 12/25/2014)
2014-12-29 19 0 RESPONSE to Motion re 16 MOTION to Compel filed by All Defendants. (Golden, Paul) (Entered: 12/29/2014)
2015-01-14 20 0 Minute Order. for proceedings held before Magistrate Judge Roanne L. Mann:granting 14 Motion for Premotion Conference; granting 16 Motion to Compel; Telephone/Discovery Conference held on 1/14/2015. For the reasons stated on the record, the Court grants in substantial part plaintiff's motion to compel (DE #16) and directs counsel to confer with one another regarding the precise scope of the documents and information to be produced. An updated status report is due by January 30, 2015. The Court conducts a premotion conference (see DE #14) but concludes that it would be premature to engage in motions practice on the jurisdictional issue before discovery has been conducted. (Maynard, Pat) Modified description summary on 1/16/2015 (Maynard, Pat). (Entered: 01/14/2015)
2015-01-30 21 0 STATUS REPORT by Victor Saldana (Abrams, David) (Entered: 01/30/2015)
2015-02-13 22 0 STATUS REPORT by Victor Saldana (Abrams, David) (Entered: 02/13/2015)
2015-02-13 23 0 MOTION for pre motion conference Amend Pleadings by Victor Saldana. (Abrams, David) (Entered: 02/13/2015)
2015-02-19 24 0 First MOTION to Withdraw as Attorney This is a letter request to withdraw as counsel for all three defendants and for a stay by Food First Inc.. (Golden, Paul) (Entered: 02/19/2015)
2015-02-23 25 0 REPLY to Response to Motion re 24 First MOTION to Withdraw as Attorney This is a letter request to withdraw as counsel for all three defendants and for a stay filed by Victor Saldana. (Abrams, David) (Entered: 02/23/2015)
2015-03-11 26 0 AFFIDAVIT of Service for scheduling order for motion to withdraw as attorney served on all defendants on March 10, 2015, filed by Food First Inc., New Start Group, Inc., first food housing development funding company inc.. (Golden, Paul) (Entered: 03/11/2015)
2015-03-17 27 0 Minute Entry for proceedings held before Magistrate Judge Roanne L. Mann:Show Cause Hearing held on 3/17/2015. Attorney DeSimone will file a notice of appearance on behalf of defendants by tomorrow. The Court will then grant a request by attorney Golden to be relieved. A joint status report is due by May 15, 2015. Fact discovery to be completed by by July 17, 2015 ( see attached Minute Entry for additional scheduling ). (Maynard, Pat) (Entered: 03/17/2015)
2015-03-17 28 0 NOTICE of Appearance by Thomas M. DeSimone on behalf of All Defendants (aty to be noticed) (DeSimone, Thomas) (Entered: 03/17/2015)
2015-03-17 29 0 First MOTION to Withdraw as Attorney this is the letter, with a space for the court's signature, to allow defendants counsel to withdraw by Food First Inc., New Start Group, Inc., first food housing development funding company inc.. (Golden, Paul) (Entered: 03/17/2015)
2015-03-19 30 0 NOTICE of Change of Address by David Abrams (Abrams, David) (Entered: 03/19/2015)
2015-03-24 31 0 ORDER re 27 Show Cause Hearing. At the hearing held on March 17, 2015 and in the corresponding Minute Entry, this Court directed that, "[b]y March 20, 2015, either the parties will file a stipulation obviating the need for plaintiffs to further amend the complaint, or plaintiffs will file a Second Amended Complaint." The parties have ignored that order. They are again directed, on pain of sanctions, to make the requisite filing by March 26, 2015. Ordered by Magistrate Judge Roanne L. Mann on 3/24/2015. (Maynard, Pat) (Entered: 03/24/2015)
2015-03-24 32 0 STIPULATION Amending Pleadings by Victor Saldana (Abrams, David) (Entered: 03/24/2015)
2015-03-31 33 0 First MOTION for Extension of Time to Complete Discovery Rule 26 Initial Disclosures by New Start Group, Inc.. (DeSimone, Thomas) (Entered: 03/31/2015)
2015-04-28 34 0 Second MOTION to Compel by Victor Saldana. (Abrams, David) (Entered: 04/28/2015)
2015-04-29 35 0 Minute Entry for proceedings held before Magistrate Judge Roanne L. Mann:Telephone Conference held on 4/29/2015. The Court expresses its displeasure with defense counsel's failure to comply with his discovery obligations. By tomorrow, the parties shall file a stipulation regarding FLSA coverage, which will then narrow the scope of plaintiff's demands ( see attached Minute Entry for additional scheduling ). (Maynard, Pat) (Entered: 04/29/2015)
2015-04-30 36 0 STIPULATION Concerning Income and Commerce by Victor Saldana (Abrams, David) (Entered: 04/30/2015)
2015-05-15 37 0 STATUS REPORT by Victor Saldana (Abrams, David) (Entered: 05/15/2015)
2015-05-21 38 0 MOTION for Extension of Time to File Motion to Compel by Victor Saldana. (Abrams, David) (Entered: 05/21/2015)
2015-08-17 39 0 ORDER re 27 Show Cause Hearing. Discovery in this FLSA action ended one month ago, on July 17, 2015. The parties are directed to serve and file their Joint Pretrial Order (JPTO), in accordance with Judge Amon's Individual Rules, pursuant to the following schedule: Plaintiff's portion shall be served by August 24, 2015; defendants shall be served by August 31, 2015; the combined JPTO shall be docketed into ECF by September 8, 2015 ( see attached Order). Ordered by Magistrate Judge Roanne L. Mann on 8/17/2015. (Maynard, Pat) (Entered: 08/17/2015)
2015-09-08 40 0 Proposed Pretrial Order by Victor Saldana (Abrams, David) (Entered: 09/08/2015)
2015-09-22 41 0 MOTION to Adjourn Conference by Victor Saldana. (Abrams, David) (Entered: 09/22/2015)
2015-10-22 42 0 MOTION to Adjourn Conference by Victor Saldana. (Abrams, David) (Entered: 10/22/2015)
2015-11-04 43 0 Minute Entry for proceedings held before Magistrate Judge Roanne L. Mann:Settlement Conference held on 11/4/2015. The parties are directed to respond to the Court's settlement proposal by November 5, 2015. If the case doesn't settle, see attached Minute Entry for additional scheduling. (Maynard, Pat) (Entered: 11/04/2015)
2015-11-05 44 0 ORDER re 43 Settlement Conference. All parties have now responded to the Court's settlement proposal. Unfortunately, there is no settlement. Parties should comply with all deadlines previously set by the Court. (See attached Order.) Ordered by Magistrate Judge Roanne L. Mann on 11/5/2015. (Dollar, Thomas) (Entered: 11/05/2015)
2015-11-20 45 0 ORDER re 44 Order, 43 Settlement Conference. In two separate orders, the parties were directed to file, by November 12, 2015, an Amended Joint Pretrial Order that fully complies with Judge Amon's Individual Rules. To date, no Amended JPTO has been filed. The parties are directed, on pain of sanctions, to file their Amended JPTO by November 24, 2015. Ordered by Magistrate Judge Roanne L. Mann on 11/20/2015. (Maynard, Pat) (Entered: 11/20/2015)
2015-11-24 46 0 PRETRIAL MEMORANDUM by Victor Saldana (Abrams, David) (Entered: 11/24/2015)
2016-02-15 47 0 NOTICE of Appearance by Joshua Fingold on behalf of Victor Saldana (aty to be noticed) (Fingold, Joshua) (Entered: 02/15/2016)
2016-02-19 48 0 First MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-8392543. by Victor Saldana. (Attachments: # 1 Affidavit, # 2 Proposed Order) (Peacocke, Teresa) (Entered: 02/19/2016)
2016-03-11 49 0 TRIAL BRIEF by Victor Saldana (Attachments: # 1 Affidavit Abrams, # 2 Affidavit Fingold, # 3 Exhibit Fingold Ex A, # 4 Affidavit Peacocke) (Fingold, Joshua) (Entered: 03/11/2016)
2016-03-25 50 0 MEMORANDUM in Opposition re 49 Trial Brief Affirmation in Opposition filed by All Defendants. (DeSimone, Thomas) (Entered: 03/25/2016) 2016-07-07 10:00:54 fee3c24a564b6b54a2a131cec933ce095b9aa6b4
2016-07-06 51 0 MEMORANDUM AND ORDER: For these reasons, the Clerk of Court is directed to enter judgment against the defendants for $3,032.80 ($266.40 for unpaid vacation time, $266.40 as liquidated damages, and $2,500 as statutory damages), post judgment interest calculated pursuant to 28 U.S.C. § 1961, $8,800 in attorney's fees, and $1,039.77 in costs. Pursuant to New York Labor Law, "if any judgment remains unpaid upon the expiration of ninety days following issuance of judgment, or ninety days after expiration of the time to appeal and no appeal therefrom is then pending, whichever is later, the total amount of judgment shall automatically increase by fifteen percent." N.Y. Lab. Law § 663(4). The Clerk of Court is directed to enter judgment and close the case. Ordered by Judge Carol Bagley Amon on 7/5/2016. (fwd for judgment) (Fernandez, Erica) (Entered: 07/06/2016) 2016-07-07 10:06:03 984024ccfce7dcd4dad32312f2d78202f50ba386
2016-07-06 52 0 CLERK'S JUDGMENT directing that Judgment is entered in favor of Plaintiff and against Defendants in the amount of $3,032.80, representing $266.40 for unpaid vacation time, $266.40 as liquidated damages, and $2,500.00 as statutory damages; post-judgment interest calculated pursuant to 28 U.S.C. § 1961; $8,800.00 in attorney's fees; and $1,039.77 in costs. If any portion of this Judgment remains unpaid upon the expiration of ninety days following issue of this Judgment, or ninety days after expiration of the time to appeal and no appeal therefrom is then pending, whichever is later, the total amount of Judgment shall automatically increase by fifteen (15) percent; and it isORDERED that this case is closed. Ordered by Brenna B. Mahoney, Chief Deputy for Court Operations on 7/6/2016. (Fernandez, Erica) (Entered: 07/06/2016)