Case docket: Funke et al v. HUB Enterprises, Inc.

Case details

Court:	nynd
Docket #:	5:11-cv-01274
Case Name:	Funke et al v. HUB Enterprises, Inc.
PACER case #:	87171
Date filed:	2011-10-26
Date terminated:	2013-03-07
Date of last filing:	2013-11-19
Assigned to:	Magistrate Judge David E. Peebles
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
Kim Funke Plaintiff individually, and on behalf of all other similarly situated	Steven W. Williams Smith, Sovik Law Firm 250 South Clinton Street Suite 600 Syracuse, NY 13202-1252 315-474-2911 Fax: 315-474-6015 Email: swilliams@smithsovik.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Brady J. O'Malley Smith, Sovik Law Firm 250 South Clinton Street Suite 600 Syracuse, NY 13202-1252 315-474-2911 Fax: 315-474-6015 Email: bomalley@smithsovik.com ATTORNEY TO BE NOTICED
Marshall Walker Plaintiff individually, and on behalf of all other similarly situated	Steven W. Williams (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Brady J. O'Malley (See above for address) ATTORNEY TO BE NOTICED
HUB Enterprises, Inc. Defendant	Felice B. Ekelman Jackson, Lewis P.C. - NY Office 666 Third Avenue New York, NY 10017 212-545-4000 Fax: 212-972-3213 Email: ekelmanf@jacksonlewis.com LEAD ATTORNEY ATTORNEY TO BE NOTICED David S. Kim Ford, Harrison Law Firm - NYC Office 100 Park Avenue, Suite 2500 New York, NY 10017 212-453-5900 Fax: 212-453-5959 Email: dkim@fordharrison.com TERMINATED: 01/25/2012 Jason A. Zoldessy Jackson, Lewis Law Firm - NY Office 666 Third Avenue New York, NY 10017 212-545-4021 Fax: 212-972-3213 Email: zoldessj@jacksonlewis.com ATTORNEY TO BE NOTICED

Documents

Date Filed	Document #	Attachment #	Short Description	Long Description	Upload date	SHA1 hash
2011-10-26	1	0	Complaint	COMPLAINT with Jury Demand against HUB Enterprises, Inc. (Filing fee $350 receipt number 0206-2004335) filed by Kim Funke and Marshall Walker. (Attachments: # 1 Civil Cover Sheet)(see) (Entered: 10/26/2011)	2014-09-25 15:40:17	56949c2faa8ea3099e3ecf5185f003fbb5a9cc8d
	1	1	Civil Cover Sheet
2011-10-26	2	0	Summons Issued	Summons Issued as to HUB Enterprises, Inc. (see) (Entered: 10/26/2011)
2011-10-26	3	0	G.O. 25 Filing Order	G.O. 25 FILING ORDER ISSUED: Initial Conference set for 2/16/2012 10:30 AM in Syracuse before Magistrate Judge David E. Peebles. Civil Case Management Plan due by 2/2/2012. (see) (Entered: 10/26/2011)
2011-11-04	4	0	Affidavit of Service	AFFIDAVIT of Service for Affidavit of Service served on HUB Enterprises, Inc. on 11/2/11, filed by Kim Funke. (Williams, Steven) (Entered: 11/04/2011)
2011-11-04	5	0	Affidavit of Service	AFFIDAVIT of Service for Affidavit of Service served on HUB Enterprises, Inc. on 11/2/11, filed by Marshall Walker. (Williams, Steven) (Entered: 11/04/2011)
2011-11-11	6	0	Notice of Appearance	NOTICE of Appearance by Felice B. Ekelman on behalf of HUB Enterprises, Inc. (Ekelman, Felice) (Entered: 11/11/2011)
2011-11-11	7	0	Stipulation	STIPULATION re 1 Complaint Extending Time to Answer, Move or Otherwise Respond by HUB Enterprises, Inc. submitted to Judge DAVID E. PEEBLES, U.S.M.J.. (Ekelman, Felice) (Entered: 11/11/2011)
2011-11-11	8	0	Notice of Appearance	NOTICE of Appearance by David S. Kim on behalf of HUB Enterprises, Inc. (Kim, David) (Entered: 11/11/2011)
2011-11-14	9	0	Order	STIPULATION & ORDER granting re 7 Stipulation filed by HUB Enterprises, Inc. Answer due date updated for HUB Enterprises, Inc. answer due 12/23/2011. Signed by Magistrate Judge David E. Peebles on 11/14/11. (mnm) (Entered: 11/14/2011)
2011-12-22	10	0	Motion to Certify Class	MOTION to Certify Class Collective Action (Conditionally) Motion Hearing set for 1/25/2012 09:30 AM in Syracuse before Magistrate Judge David E. Peebles Response to Motion due by 1/9/2012 Reply to Response to Motion due by 1/17/2012. filed by Kim Funke. (Attachments: # 1 Affirmation, # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s), # 7 Exhibit(s), # 8 Exhibit(s), # 9 Exhibit(s), # 10 Exhibit(s), # 11 Exhibit(s), # 12 Exhibit(s), # 13 Memorandum of Law, # 14 Supplement, # 15 Supplement) (Williams, Steven) (Entered: 12/22/2011)
2011-12-23	11	0	FRCP 7.1 Corporate Disclosure Statement	FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by HUB Enterprises, Inc.. (Ekelman, Felice) (Entered: 12/23/2011)
2011-12-23	12	0	Answer to Complaint	ANSWER to 1 Complaint by HUB Enterprises, Inc..(Ekelman, Felice) (Entered: 12/23/2011)
2012-01-09	13	0	Affidavit in Opposition to Motion	AFFIDAVIT in Opposition re 10 MOTION to Certify Class Collective Action (Conditionally) filed by HUB Enterprises, Inc.. (Attachments: # 1 Exhibit(s) A)(Ekelman, Felice) (Entered: 01/09/2012)
2012-01-09	14	0	Affidavit in Opposition to Motion	AFFIDAVIT in Opposition re 10 MOTION to Certify Class Collective Action (Conditionally) (DAVID BUCHANAN) filed by HUB Enterprises, Inc.. (Ekelman, Felice) (Entered: 01/09/2012)
2012-01-09	15	0	Memorandum of Law	MEMORANDUM OF LAW re 10 Motion to Certify Class,, filed by HUB Enterprises, Inc.. (Ekelman, Felice) (Entered: 01/09/2012)
2012-01-17	16	0	Reply to Response to Motion	REPLY to Response to Motion re 10 MOTION to Certify Class Collective Action (Conditionally) filed by Kim Funke. (Attachments: # 1 Memorandum of Law, # 2 Exhibit(s), # 3 Exhibit(s))(Williams, Steven) (Entered: 01/17/2012)
2012-01-20	17	0	Reply to Response to Motion	REPLY to Response to Motion re 10 MOTION to Certify Class Collective Action (Conditionally) Please see letter to Judge Peebles re compliance with Local Rule 7.1(b)(2) filed by Kim Funke. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s), # 7 Exhibit(s), # 8 Exhibit(s), # 9 Exhibit(s), # 10 Exhibit(s), # 11 Exhibit(s), # 12 Affirmation, # 13 Memorandum of Law)(Williams, Steven) (Entered: 01/20/2012)
2012-01-23	18	0	Notice of Appearance	NOTICE of Appearance by Jason A. Zoldessy on behalf of HUB Enterprises, Inc. (Zoldessy, Jason) (Entered: 01/23/2012)
2012-01-26	19	0	Order on Motion to Certify Class	ORDER -- Oral argument was conducted RE 10 Motion to Certify Class on January 25, 2012. A bench decision was issued. Based upon the foregoing and the courts bench decision, which is incorporated herein by reference: 1) This matter is preliminarily certified as a collective action. The potential opt-in plaintiffs with respect to the FLSA cause of action shall include all past and present HUB employees working as insurance defense investigators at any time on or after October 26, 2008, and paid at any time during that same period pursuant to the fluxuating work week exception to the FSLAs overtime provisions; 2) On or before February 10, 2012, defendant shall produce to plaintiffs counsel, a list of names and last known addresses of all potential opt-in plaintiffs. 3) The parties are directed to negotiate regarding the terms of an order to be sent to potential opt-in plaintiffs notifying them of the pendency of the action and their right to opt in as plaintiffs. In the event an agreement cannot be reached, on or before February 10, 2012 the parties shall submit to the court counter-proposed notices for consideration. Signed by Magistrate Judge David E. Peebles on 1/26/12. (mnm) (Entered: 01/26/2012)
2012-01-27	20	0	Letter Request/Motion	Letter Motion from Felice B. Ekelman, Esq. for HUB Enterprises, Inc. requesting Immediate Conference Seeking Protective Order submitted to Judge David E. Peebles, U.S.M.J. . (Ekelman, Felice) (Entered: 01/27/2012)
2012-01-30	21	0	LETTER BRIEF	LETTER BRIEF re response to defendant's correspondence of 1/27/12 to the Court by Kim Funke. (Attachments: # 1 Exhibit(s))(Williams, Steven) (Entered: 01/30/2012)
2012-01-30	22	0	Transcript Request	TRANSCRIPT REQUEST by HUB Enterprises, Inc. for proceedings held on 1/25/12 before Judge Peebles. (mnm) (Entered: 01/30/2012)
2012-01-30	23	0	Transcript Request	TRANSCRIPT REQUEST by Kim Funke for proceedings held on 1/25/12 before Judge David E. Peebles.. (Williams, Steven) (Entered: 01/30/2012)
2012-02-07	24	0	Motion for Protective Order	MOTION for Protective Order Motion Hearing set for 2/29/2012 10:00 AM in Syracuse before Magistrate Judge David E. Peebles Response to Motion due by 2/13/2012 filed by HUB Enterprises, Inc.. Motions referred to David E. Peebles. (Ekelman, Felice) (Entered: 02/07/2012)
2012-02-07	25	0	Affidavit in Support of Motion	AFFIDAVIT in Support re 24 MOTION for Protective Order filed by HUB Enterprises, Inc.. (Attachments: # 1 Exhibit(s) A-C)(Ekelman, Felice) (Entered: 02/07/2012)
2012-02-07	26	0	Memorandum of Law	MEMORANDUM OF LAW re 24 Motion for Protective Order, filed by HUB Enterprises, Inc.. (Ekelman, Felice) (Entered: 02/07/2012)
2012-02-07	27	0	Transcript	TRANSCRIPT of Proceedings: Motion Hearing held on January 25, 2012 before Judge David E. Peebles, Court Reporter: Diane S. Martens, Telephone number: 315-234-8545. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/28/2012. Redacted Transcript Deadline set for 3/9/2012. Release of Transcript Restriction set for 5/7/2012. Notice of Intent to Redact due by 2/13/2012 (dm2, ) (Entered: 02/07/2012)
2012-02-10	28	0	Notice (Other)	NOTICE by HUB Enterprises, Inc. Letter Regarding Defendant's Proposed Notice (Ekelman, Felice) (Entered: 02/10/2012)
2012-02-10	29	0	Notice (Other)	NOTICE by Kim Funke of Plaintiffs' Notice and Consent (Attachments: # 1 Exhibit(s) Proposed Notice and Consent)(Williams, Steven) (Entered: 02/10/2012)
2012-02-14	30	0	Response in Opposition to Motion	RESPONSE in Opposition re 24 MOTION for Protective Order filed by Kim Funke. (Attachments: # 1 Certificate of Service, # 2 Exhibit(s) Exhibit A, # 3 Exhibit(s) Exhibit B, # 4 Exhibit(s) Exhibit C, # 5 Exhibit(s) Exhibit D, # 6 Exhibit(s) Exhibit E, # 7 Memorandum of Law Memo of law)(Williams, Steven) (Entered: 02/14/2012)
2012-02-15	31	0	Order	ORDER - The draft notice by 29 Notice filed by Kim Funke, is hereby approved except as to the section (4), which should read as contained herein. Plaintiffs counsel is hereby authorized to forward the approved notice of the action to potential opt-in plaintiffs. The defendants request for a stay of notice mailing pending the scheduled February 29, 2012, hearing in this matter is denied. Signed by Magistrate Judge David E. Peebles on 2/15/12. (mnm) (Entered: 02/15/2012)
2012-02-21	32	0	Notice (Other)	NOTICE by Kim Funke re 31 Order, Consent to Become a Party Plaintiff (Williams, Steven) (Entered: 02/21/2012)
2012-02-22	33	0	Notice (Other)	NOTICE by Kim Funke, Marshall Walker re 31 Order, Consent to Become a Party Plaintiff (Attachments: # 1 Consents)(Williams, Steven) (Entered: 02/22/2012)
2012-02-23	34	0	Notice (Other)	NOTICE by Kim Funke, Marshall Walker re 31 Order, Consent to Become a Party Plaintiff (Williams, Steven) (Entered: 02/23/2012)
2012-02-24	35	0	Notice (Other)	NOTICE by Kim Funke, Marshall Walker re 31 Order, Consent to Become A Party Plaintiff (Williams, Steven) (Entered: 02/24/2012)
2012-02-25	36	0	Notice (Other)	NOTICE by Kim Funke Consent to become a Party Plaintiff (Williams, Steven) (Entered: 02/25/2012)
2012-02-27	37	0	Notice (Other)	NOTICE by Kim Funke, Marshall Walker re 31 Order, Consent to Become A Party Plaintiff (Williams, Steven) (Entered: 02/27/2012)
2012-02-28	38	0	Notice (Other)	NOTICE by Kim Funke, Marshall Walker re 31 Order, Consent to Become A Party Plaintiff (Williams, Steven) (Entered: 02/28/2012)
2012-02-29	39	0	Notice (Other)	NOTICE by Kim Funke, Marshall Walker re 31 Order, Consent to Become A Party Plaintiff (Williams, Steven) (Entered: 02/29/2012)
2012-03-01	40	0	Order on Motion for Protective Order	ORDER: Detailing the reasoning for the bench decision issued on 2/29/2012 DENYING the # 24 Motion for Protective Order except as indicated herein. Signed by Magistrate Judge David E. Peebles on 3/1/2012. (mae) (Entered: 03/01/2012)	2014-08-07 18:58:19	260be3902d48b5c91869d1f446bf59c8db8478fe
2012-03-01	41	0	Transcript Request	TRANSCRIPT REQUEST by HUB Enterprises, Inc. for proceedings held on 2/29/2012 before Judge David E. Peebles.. (Ekelman, Felice) (Main Document 41 replaced on 3/5/2012) (dpk, ). (Entered: 03/01/2012)
2012-03-01	42	0	Notice (Other)	NOTICE by Kim Funke, Marshall Walker re 31 Order, Consent To Become A Party Plaintiff (Williams, Steven) (Entered: 03/01/2012)
2012-03-02	43	0	Notice (Other)	NOTICE by Kim Funke, Marshall Walker re 31 Order, Consent To Become A Party Plaintiff (Williams, Steven) (Entered: 03/02/2012)
2012-03-03	44	0	Notice (Other)	NOTICE by Kim Funke Consent to Become a Party Plaintiff (Williams, Steven) (Entered: 03/03/2012)
2012-03-05	45	0	Notice (Other)	NOTICE by Kim Funke, Marshall Walker re 31 Order, Consent To Become A Party Plaintiff (Williams, Steven) (Entered: 03/05/2012)
2012-03-06	46	0	Notice (Other)	NOTICE by Kim Funke, Marshall Walker re 31 Order, Consent To Become A Party Plaintiff (Williams, Steven) (Entered: 03/06/2012)
2012-03-07	47	0	Notice (Other)	NOTICE by Kim Funke, Marshall Walker re 31 Order, Consent To Become A Party Plaintiff (Williams, Steven) (Entered: 03/07/2012)
2012-03-09	48	0	CIVIL CASE MANAGEMENT PLAN	CIVIL CASE MANAGEMENT PLAN by Kim Funke, Marshall Walker. (Williams, Steven) (Entered: 03/09/2012)
2012-03-09	49	0	Notice (Other)	NOTICE by Kim Funke, Marshall Walker re 31 Order, Consent To Become A Party Plaintiff (Williams, Steven) (Entered: 03/09/2012)
2012-03-12	50	0	Notice (Other)	NOTICE by Kim Funke, Marshall Walker re 31 Order, Consent To Become A Party Plaintiff (Williams, Steven) (Entered: 03/12/2012)
2012-03-13	51	0	Letter Request/Motion	LETTER MOTION by Kim Funke, Marshall Walker to Magistrate Judge David E. Peebles. (Williams, Steven) Modified on 3/14/2012 to indicte this is a letter motion (sal, ). (Entered: 03/13/2012)
2012-03-15	52	0	Notice (Other)	NOTICE by Kim Funke, Marshall Walker re 31 Order, Consent To Become A Party Plaintiff (Williams, Steven) (Entered: 03/15/2012)
2012-03-16	53	0	Notice (Other)	NOTICE by Kim Funke, Marshall Walker re 31 Order, Consent To Become A Party Plaintiff (Williams, Steven) (Entered: 03/16/2012)
2012-03-19	54	0	Notice of Appearance	NOTICE of Appearance by Brady J. O'Malley on behalf of Kim Funke, Marshall Walker (O'Malley, Brady) (Entered: 03/19/2012)
2012-03-19	55	0	Notice (Other)	NOTICE by Kim Funke, Marshall Walker re 31 Order, Consent To Become A Party Plaintiff (O'Malley, Brady) (Entered: 03/19/2012)
2012-03-19	56	0	Notice (Other)	NOTICE by Kim Funke, Marshall Walker re 31 Order, Consent To Become A Party Plaintiff (O'Malley, Brady) (Entered: 03/19/2012)
2012-03-19	57	0	Uniform Pretrial Scheduling Order	UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of jury trial: 10 days. Plaintiff's counsel prefers Syracuse as the trial location, while defendant's counsel prefers Albany. Mandatory disclosures must be exchanged by 4/2/2012. Initial written demands must be served by 4/30/2012. Joinder of Parties due by 4/11/2012. Amended Pleadings due by 4/18/2012. Discovery due by 12/14/2012. Motions to be filed by 2/15/2013. Signed by Magistrate Judge David E. Peebles on 3/19/12. (sal, ) (Entered: 03/19/2012)
2012-03-20	58	0	Notice (Other)	NOTICE by Kim Funke, Marshall Walker re 31 Order, Consent To Become A Party Plaintiff (O'Malley, Brady) (Entered: 03/20/2012)
2012-03-21	59	0	RESPONSE TO LETTER BRIEF	RESPONSE TO LETTER BRIEF filed by HUB Enterprises, Inc. as to 51 Letter Request/Motion filed by Kim Funke, Marshall Walker . (Ekelman, Felice) (Entered: 03/21/2012)
2012-03-22	60	0	Notice (Other)	NOTICE by Kim Funke, Marshall Walker re 31 Order, Consent To Become A Party Plaintiff (O'Malley, Brady) (Entered: 03/22/2012)
2012-03-22	61	0	Transcript	TRANSCRIPT of Proceedings: Motion Hearing held on 2/29/2012 before Judge Peebles, Court Reporter/Transcriber: Eileen McDonough, Telephone number: 315-234-8546. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/12/2012. Redacted Transcript Deadline set for 4/23/2012. Release of Transcript Restriction set for 6/20/2012. Notice of Intent to Redact due by 3/27/2012 (etm, ) (Entered: 03/22/2012)
2012-03-23	62	0	Notice (Other)	NOTICE by Kim Funke, Marshall Walker re 31 Order, Consent To Become A Party Plaintiff (O'Malley, Brady) (Entered: 03/23/2012)
2012-03-24	63	0	Notice (Other)	NOTICE by Kim Funke Consent to become a party plaintiff (Williams, Steven) (Entered: 03/24/2012)
2012-03-26	64	0	Notice (Other)	NOTICE by Kim Funke Consent to become a party plaintiff (Williams, Steven) (Entered: 03/26/2012)
2012-03-28	65	0	Notice (Other)	NOTICE by Kim Funke, Marshall Walker re 31 Order, Consent To Become A Party Plaintiff (O'Malley, Brady) (Entered: 03/28/2012)
2012-03-28	66	0	Order on Letter Request	ORDER -- Oral argument was conducted, by telephone and on the record,concerning plaintiffs 51 Letter Motion to compel discovery motion on March 23, 2012. At the close of argument, an oral decision was issued. Plaintiff's 51 Letter Motion to compel discovery is denied without prejudice. No costs or attorneys fees are awarded to any party in connection with plaintiffs motion to compel. Signed by Magistrate Judge David E. Peebles on 3/28/12. (mnm) (Entered: 03/29/2012)
2012-03-29	67	0	Notice (Other)	NOTICE by Kim Funke, Marshall Walker re 31 Order, Consent To Become A Party Plaintiff (O'Malley, Brady) (Entered: 03/29/2012)
2012-03-30	68	0	Notice (Other)	NOTICE by Kim Funke, Marshall Walker re 31 Order, Consent To Become A Party Plaintiff (O'Malley, Brady) (Entered: 03/30/2012)
2012-04-02	69	0	Notice (Other)	NOTICE by Kim Funke, Marshall Walker re 31 Order, Consent To Become A Party Plaintiff (O'Malley, Brady) (Entered: 04/02/2012)
2012-04-03	70	0	Notice (Other)	NOTICE by Kim Funke, Marshall Walker re 31 Order, Consent To Become A Party Plaintiff (O'Malley, Brady) (Entered: 04/03/2012)
2012-04-06	71	0	Notice (Other)	NOTICE by Kim Funke, Marshall Walker re 31 Order, Consent To Become A Party Plaintiff (O'Malley, Brady) (Entered: 04/06/2012)
2012-04-07	72	0	Notice (Other)	NOTICE by Kim Funke Consent to become a party plaintiff (Williams, Steven) (Entered: 04/07/2012)
2012-04-10	73	0	Notice (Other)	NOTICE by Kim Funke, Marshall Walker re 31 Order, Consent To Become A Party Plaintiff (O'Malley, Brady) (Entered: 04/10/2012)
2012-04-12	74	0	Notice (Other)	NOTICE by Kim Funke, Marshall Walker re 31 Order, Consent To Become A Party Plaintiff (O'Malley, Brady) (Entered: 04/12/2012)
2012-04-16	75	0	Notice (Other)	NOTICE by Kim Funke, Marshall Walker re 31 Order, Consent To Become A Party Plaintiff (O'Malley, Brady) (Entered: 04/16/2012)
2012-04-17	76	0	Notice (Other)	NOTICE by Kim Funke, Marshall Walker re 31 Order, Consent To Become A Party Plaintiff (O'Malley, Brady) (Entered: 04/17/2012)
2012-04-17	77	0	Notice (Other)	NOTICE by Kim Funke Consent to become a party plaintiff (O'Malley, Brady) (Entered: 04/17/2012)
2012-04-18	78	0	Notice (Other)	NOTICE by Kim Funke Consent to become a party plaintiff (O'Malley, Brady) (Entered: 04/18/2012)
2012-04-19	79	0	Notice (Other)	NOTICE by Kim Funke, Marshall Walker re 31 Order, Consent To Become A Party Plaintiff (O'Malley, Brady) (Entered: 04/19/2012)
2012-06-08	80	0	Status Report	STATUS REPORT Letter to Judge Peebles regarding Amended Complaint by Kim Funke, Marshall Walker. (O'Malley, Brady) (Entered: 06/08/2012)
2012-06-08	81	0	Amended Complaint	AMENDED COMPLAINT against HUB Enterprises, Inc. filed by Kim Funke, Marshall Walker. (Attachments: # 1 Certificate of Service)(O'Malley, Brady) (Entered: 06/08/2012)
2012-06-28	82	0	Answer to Amended Complaint	ANSWER to 81 Amended Complaint by HUB Enterprises, Inc..(Ekelman, Felice) (Entered: 06/28/2012)
2012-07-13	83	0	Letter Request/Motion	Letter Motion from Jason Zoldessy for HUB Enterprises, Inc. requesting PRE-MOTION CONFERENCE submitted to Judge DAVID PEEBLES . (Zoldessy, Jason) (Entered: 07/13/2012)
2012-08-03	84	0	Letter Request/Motion	Letter Motion from Jason A. Zoldessy for HUB Enterprises, Inc. requesting Compel Documents and Authorize Additional Depositions submitted to Judge David E. Peebles . (Zoldessy, Jason) (Entered: 08/03/2012)
2012-08-03	85	0	Motion to Compel	MOTION to Compel Motion Hearing set for 8/22/2012 10:00 AM in Syracuse before Magistrate Judge David E. Peebles Response to Motion due by 8/6/2012 filed by Kim Funke, Marshall Walker. (Attachments: # 1 Attorney Affirmation, # 2 Exhibit A - Second Request for Production of Documents, # 3 Exhibit B - Objections & Responses to Second Request for Production of Documents, # 4 Exhibit C - Curasi Complaint, # 5 Exhibit D - Amended Complaint, # 6 Exhibit E - Part 1 - Westlaw, # 7 Exhibit E - Part 2 - Westlaw, # 8 Exhibit E - Part 3 - Westlaw, # 9 Exhibit E - Part 4 - Westlaw, # 10 Memorandum of Law, # 11 Certificate of Service) Motions referred to David E. Peebles. (O'Malley, Brady) (Entered: 08/03/2012)
2012-08-16	86	0	Letter Request/Motion	RESPONSE in Opposition to 85 Motion to Compel from Jason A. Zoldessy for HUB Enterprises, Inc.. (Zoldessy, Jason) Modified on 8/17/2012 to reflect this is a response and not a motion(sal, ). (Entered: 08/16/2012)
2012-08-17	87	0	RESPONSE TO LETTER BRIEF	RESPONSE TO LETTER BRIEF filed by Kim Funke, Marshall Walker as to 84 Letter Request/Motion filed by HUB Enterprises, Inc. . (Attachments: # 1 Exhibit A - Initial Privilege Log, # 2 Exhibit B - Supplemental Privilege Log)(O'Malley, Brady) (Entered: 08/17/2012)
2012-08-20	88	0	LETTER BRIEF	LETTER BRIEF Response Addendum to Judge Peebles by Kim Funke. (Williams, Steven) (Entered: 08/20/2012)
2012-08-29	89	0	Order on Motion to Compel	ORDER: It is ordered that plaintiff's counsel shall provide the approximately seventy individualized responses to defendant's interrogatories and document requests that plaintiffs have prepared to dated by 8/22/2012. Later verifications will be produced no later than 9/24/2012. Plaintiff's shall respond to all outstanding individualized responses by 9/24/2012. Within seven days of this order, plaintiff's counsel is directed to produce to the Court, for in camera inspection, the thirty six signed affidavits obtained from plaintiff's in this action. Defendant's motion to compel production of communications with non party investigators is DENIED. Defendant shall be permitted to conduct a total of fifteen depositions in this action as noted herein. The # 85 Motion to Compel is DENIED as overbroad. Defendant is directed to produce to plaintiff's counsel a list of all discovery materials exchanged in connection with the Curasi litigation within fourteen days. No costs or attorney's fees are awarded to any party in connection with plaintiff's motion to compel. Signed by Magistrate Judge David E. Peebles on 8/24/2012. (jmb) (Entered: 08/29/2012)	2014-08-07 19:00:16	b3cee90ef869e2e5ce808cb6f1fa3fb6c8275b88
2012-09-26	90	0	Letter Request/Motion	Letter Motion from Brady J. O'Malley for Kim Funke, Marshall Walker requesting Permission to file a 27-page Memorandum of Law submitted to Judge Mae A. D'Agostino . (O'Malley, Brady) (Entered: 09/26/2012)
2012-09-26	91	0	Motion for Partial Summary Judgment	MOTION for Partial Summary Judgment Motion Hearing set for 11/6/2012 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 10/22/2012 Reply to Response to Motion due by 10/26/2012. filed by Kim Funke, Marshall Walker. (Attachments: # 1 Attorney Affidavit, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J - Part 1, # 12 Exhibit J - Part 2, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M - Part 1, # 16 Exhibit M - Part 2, # 17 Exhibit N - Part 1, # 18 Exhibit N - Part 2, # 19 Exhibit O, # 20 Exhibit P, # 21 Exhibit Q, # 22 Exhibit R - Part 1, # 23 Exhibit R - Part 2, # 24 Exhibit R - Part 3, # 25 Exhibit S, # 26 Exhibit T, # 27 Exhibit U, # 28 Exhibit V, # 29 Exhibit W, # 30 Statement of Material Facts, # 31 Memorandum of Law, # 32 Certificate of Service) (O'Malley, Brady) (Entered: 09/26/2012)
	91	1
	91	2
	91	3
	91	4
	91	5
	91	6
	91	7
	91	8
	91	9
	91	10
	91	11
	91	12
	91	13
	91	14
	91	15
	91	16
	91	17
	91	18
	91	19
	91	20
	91	21
	91	22
	91	23
	91	24
	91	25
	91	26
	91	27
	91	28
	91	29
	91	30
	91	31			2014-02-18 16:28:25	02e65b936845c30464344137cb4ea9fdfb534330
	91	32
2012-10-03	92	0	Response to Motion	RESPONSE to Motion re 91 MOTION for Partial Summary Judgment filed by HUB Enterprises, Inc.. (Zoldessy, Jason) (Entered: 10/03/2012)
2012-10-03	93	0	Memorandum of Law	MEMORANDUM OF LAW re 92 Response to Motion filed by HUB Enterprises, Inc.. (Zoldessy, Jason) (Entered: 10/03/2012)
2012-10-11	94	0	Motion to Dismiss	MOTION to Dismiss Motion Hearing set for 11/20/2012 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 11/5/2012 Reply to Response to Motion due by 11/9/2012. filed by HUB Enterprises, Inc.. (Zoldessy, Jason) (Entered: 10/11/2012)
2012-10-11	95	0	Memorandum of Law	MEMORANDUM OF LAW re 94 Motion to Dismiss, filed by HUB Enterprises, Inc.. (Zoldessy, Jason) (Entered: 10/11/2012)
2012-10-11	96	0	Affidavit in Support of Motion	AFFIDAVIT in Support re 94 MOTION to Dismiss filed by HUB Enterprises, Inc.. (Zoldessy, Jason) (Entered: 10/11/2012)
2012-10-19	97	0	Affidavit in Opposition to Motion	AFFIDAVIT in Opposition re 91 MOTION for Partial Summary Judgment ATTORNEY AFFIDAVIT IN OPPOSITION TO DEFENDANT'S APPLICATION FOR RELIEF PURSUANT TO FED.R.CIV.P. 56(d) filed by Kim Funke, Marshall Walker. (Attachments: # 1 Addendum A, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Memorandum of Law, # 6 Certificate of Service)(O'Malley, Brady) (Entered: 10/19/2012)
2012-10-26	98	0	Status Report	STATUS REPORT REQUESTED BY JUDGE PEEBLES by HUB Enterprises, Inc.. (Zoldessy, Jason) (Entered: 10/26/2012)
2012-11-01	99	0	Letter Request/Motion	Letter Motion from Brady J. O'Malley for Kim Funke, Marshall Walker requesting All pending motions and deadlines be held in abeyance pending outcome of settlement conference submitted to Judge Mae A. D'Agostino . (O'Malley, Brady) (Entered: 11/01/2012)
2012-12-07	100	0	Status Report	STATUS REPORT [LETTER ADVISING THE COURT ON STATUS OF SETTLEMENT DISCUSSIONS] by Kim Funke, HUB Enterprises, Inc., Marshall Walker. (Zoldessy, Jason) (Entered: 12/07/2012)
2012-12-12	101	0	Motion to Compel	MOTION to Compel Motion Hearing set for 2/13/2013 09:30 AM in Syracuse before Magistrate Judge David E. Peebles Response to Motion due by 1/28/2013 filed by Kim Funke, Marshall Walker. (Attachments: # 1 Attorney Affidavit in Support of Plaintiffs' Renewed Motion to Compel, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Certificate of Service) Motions referred to David E. Peebles. (O'Malley, Brady) (Entered: 12/12/2012)
2013-01-04	102	0	Status Report	STATUS REPORT LETTER ADVISING THE COURT ON AGREEMENT IN PRINCIPLE ON THE TERMS OF A SETTLEMENT AGREEMENT by Kim Funke, HUB Enterprises, Inc., Marshall Walker. (Zoldessy, Jason) (Entered: 01/04/2013)
2013-01-29	103	0	Stipulation	STIPULATION Consent to the Exercise of Jurisdiction by a U.S. Magistrate Judge by Kim Funke, Marshall Walker submitted to Judge David E. Peebles. (O'Malley, Brady) (Entered: 01/29/2013)
2013-01-29	104	0	Consent to Jurisdiction by US Magistrate Judge	CONSENT to Jurisdiction by US Magistrate Judge by Kim Funke, HUB Enterprises, Inc., Marshall Walker. Case reassigned to Magistrate Judge David E. Peebles. District Judge Mae A. D'Agostino no longer assigned. (ban) (Entered: 01/29/2013)
2013-02-04	105	0	Settlement Agreement	SETTLEMENT AGREEMENT AND RELEASE by Kim Funke, Marshall Walker. (Attachments: # 1 Settlement Agreement)(O'Malley, Brady) (Entered: 02/04/2013)
	105	1	Settlement Agreement		2014-02-18 16:32:13	033744c83e9564326085e4730f686e4b456717ca
2013-03-07	106	0	Order Dismissing Case	STIPULATION & ORDER OF FINAL DISMISSAL WITH PREJUDICE: that the settlement is approved; and no award of attorneys' fees or costs by the Court to any party, other than attorneys' fees and expenses provided for in the Settlement Agreement. Signed by Magistrate Judge David E. Peebles on 3/4/2013. (see) (Entered: 03/07/2013)
2013-11-12	107	0	Letter Request/Motion	Letter Motion from Brady J. O'Malley, Esq. for Kim Funke, Marshall Walker requesting Permission to redact the opt-in plaintiffs' SSN prior to e-filing submitted to Judge David E. Peebles . (O'Malley, Brady) (Entered: 11/12/2013)
2013-11-12	108	0	Order on Letter Request	TEXT ORDER granting 107 Letter Request. Authorized by Magistrate Judge David E. Peebles on 11/12/13. (sal) (Entered: 11/12/2013)
2013-11-19	109	0	Redacted Document	REDACTION to 105 Settlement Agreement Consent to Join Forms per paragraph 2.4 of the Settlement Agreement by Kim Funke, Marshall Walker. (Attachments: # 1 Consent to Join forms per paragraph 2.4 of settlement agreement, # 2 Consent to Join forms per paragraph 2.4 of settlement agreement)(O'Malley, Brady) (Entered: 11/19/2013)