| Court: | nysd |
| Docket #: | 7:06-cv-01638 |
| Case Name: | Francis v. A&E Stores, Inc. |
| PACER case #: | 281228 |
| Date filed: | 2006-03-02 |
| Date terminated: | 2012-05-15 |
| Date of last filing: | 2012-05-15 |
| Assigned to: | Judge Cathy Seibel |
| Referred to: | Magistrate Judge George A. Yanthis |
| Case Cause: | 29:201 Fair Labor Standards Act |
| Nature of Suit: | 710 Labor: Fair Standards |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Sophia Francis Counter Defendant Sophia Francis, Individually and On Behalf of All Other Persons Similarly Situated TERMINATED: 05/15/2012 |
Brian Lewis Bromberg Fran L. Rudich Bradley Ian Berger Jeffrey Michael Gottlieb Michael John Palitz |
| Erwin LeGrand Plaintiff TERMINATED: 05/15/2012 |
Fran L. Rudich |
| Michelle Femia Plaintiff TERMINATED: 05/15/2012 |
Fran L. Rudich |
| Marilyn Matos Plaintiff |
Fran L. Rudich |
| Felisa Magaha Plaintiff |
Fran L. Rudich |
| Jacqueline R Martin Plaintiff TERMINATED: 05/15/2012 |
Brian Lewis Bromberg |
| Tina Marques Plaintiff TERMINATED: 05/15/2012 |
Brian Lewis Bromberg |
| Nirmeladebie Gajadhar Plaintiff |
Brian Lewis Bromberg |
| Carol Blackman Plaintiff TERMINATED: 05/15/2012 |
Brian Lewis Bromberg |
| A&E Stores, Inc. Counter Claimant |
Adin C. Goldberg |
| A&E Stores, Inc. Counter Claimant |
Adin C. Goldberg |
| Sophia Francis Counter Defendant Sophia Francis, Individually and On Behalf of All Other Persons Similarly Situated |
|
| Ruth A Arroyo ADR Provider TERMINATED: 05/15/2012 |
Brian Lewis Bromberg |
| A&E Stores, Inc. Counter Claimant |
Adin C. Goldberg |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2006-03-02 | 1 | 0 | Complaint | COMPLAINT against A&E Stores, Inc.. (Filing Fee $ 250.00, Receipt Number 571589)Document filed by Sophia Francis.(ll, ) (Entered: 03/06/2006) | 2012-06-21 15:58:24 | 155ab3e4b842895866c862e5f05a1700ca9a42ac |
| 2006-03-08 | 2 | 0 | Summons Returned Executed | SUMMONS RETURNED EXECUTED. A&E Stores, Inc. served on 3/6/2006, answer due 3/27/2006. Service was accepted by Monica Leslie Human Resources Clerk. Document filed by Sophia Francis. (Rudich, Fran) (Entered: 03/08/2006) | ||
| 2006-03-27 | 3 | 0 | Rule 7.1 Corporate Disclosure Statement | RULE 7.1 DISCLOSURE STATEMENT. Document filed by A&E Stores, Inc..(Goldberg, Adin) (Entered: 03/27/2006) | ||
| 2006-03-27 | 4 | 0 | Answer to Complaint | ANSWER to Complaint., COUNTERCLAIM against Sophia Francis. Document filed by A&E Stores, Inc..(Goldberg, Adin) (Entered: 03/27/2006) | ||
| 2006-05-02 | 5 | 0 | Notice (Other) | NOTICE of Consent. Document filed by Sophia Francis. (Rudich, Fran) (Entered: 05/02/2006) | 2014-05-08 17:46:30 | b3c707ca5b29280f3ec413499a89b83a5df036db |
| 2006-05-04 | 6 | 0 | Reply | REPLY to Defendant's Counterclaim. Document filed by Sophia Francis. (Rudich, Fran) (Entered: 05/04/2006) | ||
| 2006-05-12 | 7 | 0 | Scheduling Order | SCHEDULING ORDER: Deposition due by 10/10/2006. Discovery due by 11/10/2006. Case Management Conference set for 11/10/2006 09:00 AM before Judge Charles L. Brieant. Ready for Trial by 11/10/2006. (Signed by Judge Charles L. Brieant on 5/12/06) (fk, ) (Entered: 05/15/2006) | ||
| 2006-12-01 | 8 | 0 | Letter | LETTER addressed to Judge Charles L. Brieant from Adin C. Goldberg dated 11/28/2006 re: request an extension of time to complete discovery.... Document filed by Sophia Francis.(mde, ) (Entered: 12/04/2006) | ||
| 2007-01-10 | 9 | 0 | Notice (Other) | NOTICE of Substitution of New Firm Name Due to Merger. Document filed by A&E Stores, Inc.. (Goldberg, Adin) (Entered: 01/10/2007) | ||
| 2007-02-01 | 10 | 0 | Notice of Appearance | NOTICE OF APPEARANCE by Jeffrey Michael Gottlieb on behalf of Sophia Francis (Gottlieb, Jeffrey) (Entered: 02/01/2007) | ||
| 2007-02-06 | 11 | 0 | Letter | LETTER addressed to Dear Judge Brieant from Fran L. Rudich, Esq. dated 02/01/2007 re: request a thirty (30) day adjournment of the conference that is currently scheduled for Friday February 2, 2007...... Document filed by Sophia Francis.(jma) (Entered: 02/06/2007) | ||
| 2007-03-09 | 12 | 0 | Notice of Appearance | NOTICE OF APPEARANCE by Bradley Ian Berger on behalf of Sophia Francis (Berger, Bradley) (Entered: 03/09/2007) | ||
| 2007-03-26 | 13 | 0 | Notice of Appearance | NOTICE OF APPEARANCE by Brian Lewis Bromberg on behalf of Sophia Francis (Bromberg, Brian) (Entered: 03/26/2007) | ||
| 2007-04-02 | 14 | 0 | Letter | LETTER addressed to Judge Charles L. Brieant from Fran Rudich dated 3/19/07 re: Request for an emergency conference to compel defendant's compliance with the discovery order. Document filed by Sophia Francis.(fk) (Entered: 04/02/2007) | ||
| 2007-04-02 | 15 | 0 | Letter | LETTER addressed to Judge Charles L. Brieant from Adin Goldberg dated 3/27/07 re: Response to Mr. Rudich's letter dated 3/19/07.. (fk) (Entered: 04/03/2007) | ||
| 2007-05-10 | 16 | 0 | Motion to Compel | MOTION to Compel Compliance with the Court's March 30, 2007 Orders. Document filed by Sophia Francis.(Bromberg, Brian) (Entered: 05/10/2007) | ||
| 2007-05-16 | 17 | 0 | Letter | LETTER addressed to Judge Charles L. Brieant from Brian Bromberg dated 5/10/07 re: Request for the Court to Order the production of discovery documents. Document filed by Sophia Francis.(fk) (Entered: 05/16/2007) | ||
| 2007-05-22 | 18 | 0 | Letter | LETTER addressed to Adin C. Goldberg, Esq. from Brian L. Bromberg dated 5/18/2007 re: Judge Brieant has directed that counsel appear for a conference on Friday, May 25,2007 at 9:00 A.M.. (cg) (Entered: 05/22/2007) | ||
| 2007-05-25 | 19 | 0 | Endorsed Letter | ENDORSED LETTER addressed to Judge Charles L. Brieant from Brian Bromberg dated 5/23/07 re: Request for an adjournment of conference date. Endorsement: Conference re-scheduled for June 1, 2007. So Ordered. (Signed by Judge Charles L. Brieant on 5/25/07) (fk) (Entered: 05/25/2007) | ||
| 2007-06-05 | 20 | 0 | Motion for Extension of Time | FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - FIRST MOTION for Extension of Time to file motion for collective-action certification. (Letters are not to be electronically file, they should be sent to the Judge's Chambers).Document filed by Sophia Francis.(Bromberg, Brian) (Entered: 06/05/2007) | ||
| 2007-06-12 | 21 | 0 | Letter | LETTER addressed to Judge Charles L. Brieant from Brian L. Bromberg dated 6/5/2007 re: Request an extension of time from June 22, 2007 to July 31,2007..... Document filed by Sophia Francis.(cg) (Entered: 06/12/2007) | ||
| 2007-06-12 | 22 | 0 | Letter | LETTER addressed to Judge Charles L. Brieant from Adin C. Goldberg dated 6/7/2007 re: Response to Mr. Bromberg's letter date 6/8/2007..... Document filed by A&E Stores, Inc..(cg) (Entered: 06/12/2007) | ||
| 2007-07-19 | 23 | 0 | Motion to Compel | MOTION to Compel. Document filed by Sophia Francis.(Bromberg, Brian) (Entered: 07/19/2007) | ||
| 2007-07-25 | 24 | 0 | Order Referring Case to Magistrate Judge | ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for All Purposes. Referred to Magistrate Judge George A. Yanthis. (Signed by Judge Charles L. Brieant on 7/25/07) (fk) (Entered: 07/27/2007) | ||
| 2007-08-14 | 25 | 0 | Endorsed Letter | ENDORSED LETTER addressed to Magistrate George A. Yanthis from Brian L. Bromberg dated 8/3/2007 re: Matters discussed and deadlines set during the conference.... ENDORSEMENT: So Ordered.. (Signed by Judge George A. Yanthis on 8/13/2007) (cg) (Entered: 08/14/2007) | ||
| 2007-10-01 | 26 | 0 | Endorsed Letter | ENDORSED LETTER addressed to Hon. George A. Yanthis from Brian L. Bromberg dated 09/30/2007 re:....Plaintiff requests that the Court adjust the briefing schedule for the collective-action certification motion by four weeks....... ENDORSEMENT: Granted. No Further Extensions. SO ORDERED. (Signed by Judge George A. Yanthis on 10/01/2007) (jma) (Entered: 10/02/2007) | ||
| 2007-10-31 | 27 | 0 | Endorsed Letter | ENDORSED LETTER addressed to Magistrate George A. Yanthis from Brian L. Bromberg dated 10/29/2007 re: adjournment and revised briefing schedule. collective-action certification motion due by 11/2/2007.,Replies due by 10/30/2007.,Responses due by 11/23/2007 (Signed by Judge George A. Yanthis on 10/30/2007) (gco) (Entered: 10/31/2007) | ||
| 2007-11-02 | 28 | 0 | Motion to Certify Class | MOTION to Certify Class (Plaintiff's Motion for Court-Authorized Notice to Potential Opt-In Plaintiffs under Section 216(b) of the Fair Labor Standards Act). Document filed by Sophia Francis.Responses due by 11/23/2007 (Attachments: # 1 Affidavit Declaration of Sophia Francis# 2 Affidavit Declaration of Brian L. Bromberg# 3 Exhibit A# 4 Exhibit B# 5 Exhibit C# 6 Exhibit D# 7 Exhibit E# 8 Exhibit F# 9 Exhibit G# 10 Plaintiff's Memorandum of Law in Support of Motion for Court-Authorized Notice to Potential Opt-In Plaintiffs under Section 216(b) of the Fair Labor Standards Act)(Bromberg, Brian) (Entered: 11/02/2007) | ||
| 2007-11-16 | 29 | 0 | Set Deadlines/Hearings | ENDORSED LETTER addressed to Judge Yanthis from Adin C. Goldberg dated 11/16/2007 re: additional time to file defendant's opposition papers to plaintiff's motion. Application Granted Replies due by 12/14/2007.,Responses due by 12/7/2007 (Signed by Judge George A. Yanthis on 11/16/2007) (gco) (Entered: 11/16/2007) | ||
| 2007-12-06 | 30 | 0 | Endorsed Letter | ENDORSED LETTER addressed to Magistrate Judge George A. Yanthis from Adin Goldberg dated 12/5/07 re: Request for Defendant's opposition papers be due on 12/21/07 and plaintiff's reply papers to be due on 1/15/08. ENDORSEMENT: Application Granted. So Ordered. (Signed by Magistrate Judge George A. Yanthis on 12/5/07) (fk) (Entered: 12/06/2007) | ||
| 2007-12-21 | 31 | 0 | Declaration in Opposition to Motion | DECLARATION of Adin C. Goldberg in Opposition re: 28 MOTION to Certify Class (Plaintiff's Motion for Court-Authorized Notice to Potential Opt-In Plaintiffs under Section 216(b) of the Fair Labor Standards Act). MOTION to Certify Class (Plaintiff's Motion for Court-Authorized Notice to Potential Opt-In Plaintiffs under Section 216(b) of the Fair Labor Standards Act). MOTION to Certify Class (Plaintiff's Motion for Court-Authorized Notice to Potential Opt-In Plaintiffs under Section 216(b) of the Fair Labor Standards Act).. Document filed by A&E Stores, Inc.. (Goldberg, Adin) (Entered: 12/21/2007) | ||
| 2007-12-21 | 32 | 0 | Memorandum of Law in Opposition to Motion | MEMORANDUM OF LAW in Opposition re: 28 MOTION to Certify Class (Plaintiff's Motion for Court-Authorized Notice to Potential Opt-In Plaintiffs under Section 216(b) of the Fair Labor Standards Act). MOTION to Certify Class (Plaintiff's Motion for Court-Authorized Notice to Potential Opt-In Plaintiffs under Section 216(b) of the Fair Labor Standards Act). MOTION to Certify Class (Plaintiff's Motion for Court-Authorized Notice to Potential Opt-In Plaintiffs under Section 216(b) of the Fair Labor Standards Act). and in Support of Adin C. Goldberg Declaration In Opposition.. Document filed by A&E Stores, Inc.. (Goldberg, Adin) (Entered: 12/21/2007) | ||
| 2008-01-08 | 33 | 0 | Endorsed Letter | ENDORSED LETTER addressed to Dear Judge Yanthis from Brian L. Bromberg dated 01/04/2008 re:....request a telephone conference to request permission to make a motion to strike portions of Deft's. opposition papers...... ENDORSEMENT: Address issue in reply papers. SO ORDERED. (Signed by Magistrate Judge George A. Yanthis on 01/08/2008) (jma) (Entered: 01/09/2008) | ||
| 2008-01-14 | 34 | 0 | Endorsed Letter | ENDORSED LETTER addressed to Hon. George A. Yanthis from Adin C. Goldberg dated 01/14/2008 re:....we request that we be permitted to file a sur-reply two weeks after plaintiff's reply brief is filed and served....... ENDORSEMENT: APPLICATION GRANTED. SO ORDERED.. (Signed by Magistrate Judge George A. Yanthis on 01/14/2008) (jma) (Entered: 01/15/2008) | ||
| 2008-01-17 | 35 | 0 | Endorsed Letter | ENDORSED LETTER addressed to Dear Judge Yanthis from Brian L. Bromberg dated 01/12/2008 re:....I am writing to request a two-week extension of the January 15, 2008 deadline for serving and filing reply papers in connection with plaintiff's motion for collective-action certification..... ENDORSEMENT: APPLICATION GRANTED. SO ORDERED.. (Signed by Magistrate Judge George A. Yanthis on 01/17/2008) (jma) (Entered: 01/22/2008) | ||
| 2008-01-30 | 36 | 0 | Endorsed Letter | ENDORSED LETTER addressed to Magistrate Judge George A. Yanthis from Brian Bromberg dated 1/29/08 re: Request for an extension of time by two days to file reply papers. ENDORSEMENT: Application Granted. So Ordered. (Signed by Magistrate Judge George A. Yanthis on 1/30/08) (fk) (Entered: 01/31/2008) | ||
| 2008-01-31 | 37 | 0 | Reply Affirmation in Support of Motion | REPLY AFFIRMATION of Brian L. Bromberg in Support re: 28 MOTION to Certify Class (Plaintiff's Motion for Court-Authorized Notice to Potential Opt-In Plaintiffs under Section 216(b) of the Fair Labor Standards Act). MOTION to Certify Class (Plaintiff's Motion for Court-Authorized Notice to Potential Opt-In Plaintiffs under Section 216(b) of the Fair Labor Standards Act). MOTION to Certify Class (Plaintiff's Motion for Court-Authorized Notice to Potential Opt-In Plaintiffs under Section 216(b) of the Fair Labor Standards Act).. Document filed by Sophia Francis. (Bromberg, Brian) (Entered: 01/31/2008) | ||
| 2008-01-31 | 38 | 0 | Reply Memorandum of Law in Support of Motion | REPLY MEMORANDUM OF LAW in Support re: 28 MOTION to Certify Class (Plaintiff's Motion for Court-Authorized Notice to Potential Opt-In Plaintiffs under Section 216(b) of the Fair Labor Standards Act). MOTION to Certify Class (Plaintiff's Motion for Court-Authorized Notice to Potential Opt-In Plaintiffs under Section 216(b) of the Fair Labor Standards Act). MOTION to Certify Class (Plaintiff's Motion for Court-Authorized Notice to Potential Opt-In Plaintiffs under Section 216(b) of the Fair Labor Standards Act).. Document filed by Sophia Francis. (Bromberg, Brian) (Entered: 02/01/2008) | ||
| 2008-02-14 | 39 | 0 | Endorsed Letter | ENDORSED LETTER addressed to Magistrate Judge George A. Yanthis from Adin Goldberg dated 2/13/08 re: Request for an extension of time to file a sur-reply until 2/25/08. ENDORSEMENT: Application Granted. So Ordered. (Signed by Magistrate Judge George A. Yanthis on 2/13/08) (fk) (Entered: 02/19/2008) | ||
| 2008-02-25 | 40 | 0 | Reply Memorandum of Law in Oppisition to Motion | REPLY MEMORANDUM OF LAW in Opposition re: 28 MOTION to Certify Class (Plaintiff's Motion for Court-Authorized Notice to Potential Opt-In Plaintiffs under Section 216(b) of the Fair Labor Standards Act). MOTION to Certify Class (Plaintiff's Motion for Court-Authorized Notice to Potential Opt-In Plaintiffs under Section 216(b) of the Fair Labor Standards Act). MOTION to Certify Class (Plaintiff's Motion for Court-Authorized Notice to Potential Opt-In Plaintiffs under Section 216(b) of the Fair Labor Standards Act). Defendant's Sur-Reply Memorandum Of Law In Further Opposition To Plaintiff's Motion For Conditional Certification and Court-Authorized Notice Pursuant To Section 216(b) of the Fair Labor Standards Act. Document filed by A&E Stores, Inc.. (Goldberg, Adin) (Entered: 02/25/2008) | ||
| 2008-06-26 | 41 | 0 | Report and Recommendations | REPORT AND RECOMMENDATIONS re: 28 MOTION to Certify Class (Plaintiff's Motion for Court-Authorized Notice to Potential Opt-In Plaintiffs under Section 216(b) of the Fair Labor Standards Act) MOTION to Certify Class (Plaintiff's Motion for Court-Authorized Notice to Potential Opt-In Plaintiffs under Section 216(b) of the Fair Labor Standards Act) MOTION to Certify Class (Plaintiff's Motion for Court-Authorized Notice toPotential Opt-In Plaintiffs under Section 216(b) of the Fair Labor Standards Act) filed by Sophia Francis....For all of the foregoing reasons, I respectfully recommend that Plaintiff's motion should be granted in part ans denied in part and that Your Honor (1) conditionally certify a class which consists of all PayHalf Assistant Managers, employed nationwide by defendant within the past three years, who were salaried and did not receive overtime compensation, (2) direct defendant to produce in electronic format, to the extent it has not already done so, the names and last known addresses of Assistant Managers employed by defendant as its PayHalf stores since March 2003 and (3) issue court-authorized notice of the action to potential opt-in plaintiffs. Objections to R&R due by 7/14/2008 (Signed by Magistrate Judge George A. Yanthis on 6/26/08) (Attachments: # 1 Exhibit A) Copies Mailed By Chambers.(fk) (Entered: 06/27/2008) | ||
| 2008-07-14 | 42 | 0 | Objection to Report and Recommendations | OBJECTION to 41 Report and Recommendations Document filed by A&E Stores, Inc.. (Attachments: # 1 Objection - Part 2 of 2, # 2 Objection Exhibits - A TO K, # 3 Objections - Exhibit L, # 4 Objections Exhibit M - Part 1 - pgs 1-100, # 5 Objections Exhibit M - Part 2 - Pgs 101 to 178, # 6 Objections Exhibit M - Part 3 - Pgs 179 to 287, # 7 Objections Exhibit - N, # 8 Objections Exhibit - O)(Goldberg, Adin) (Entered: 07/14/2008) | ||
| 2008-07-28 | 43 | 0 | Reply Memorandum of Law in Oppisition | REPLY MEMORANDUM OF LAW in Opposition re: 42 Objection to Report and Recommendations, (Plaintiff's Opposition to Defendant's Objections to Report of the Magistrate Judge Recommending Conditional Certification of a Colelctive Action Pursuant to Section 216(b) of the Fair Labor Standards Act). Document filed by Sophia Francis. (Bromberg, Brian) (Entered: 07/28/2008) | ||
| 2008-07-31 | 44 | 0 | Notice of Change of Address | NOTICE OF CHANGE OF ADDRESS by Fran L. Rudich on behalf of Sophia Francis. New Address: Klafter Olsen & Lesser LLP, 1311 Mamaroneck Avenue, Suite 220, White Plains, NY, USA 10605, (914) 997-5656. (Rudich, Fran) (Entered: 07/31/2008) | ||
| 2008-07-31 | 45 | 0 | Notice of Change of Address | NOTICE OF CHANGE OF ADDRESS by Fran L. Rudich on behalf of Sophia Francis. New Address: Klafter Olsen & Lesser LLP, 1311 Mamaroneck Avenue, Suite 220, White Plains, NY, USA 10605, (914) 997-5656. (Rudich, Fran) (Entered: 07/31/2008) | ||
| 2008-07-31 | 46 | 0 | Notice of Change of Address | NOTICE OF CHANGE OF ADDRESS by Seth Richard Lesser on behalf of Sophia Francis. New Address: Klafter Olsen & Lesser LLP, 1311 Mamaroneck Avenue, Suite 220, White Plains, NY, USA 10605, (914) 997-5656. (Lesser, Seth) (Entered: 07/31/2008) | ||
| 2008-08-05 | 47 | 0 | Notice of Case Assignment/Reassignment | NOTICE OF CASE REASSIGNMENT to Judge Cathy Seibel. Judge Charles L. Brieant is no longer assigned to the case. (Attachments: # 1 Case List) (mj) (Entered: 08/07/2008) | ||
| 2008-10-16 | 48 | 0 | Order Adopting Report and Recommendations | MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS:... for 28 Motion to Certify Class,, filed by Sophia Francis, 41 Report and Recommendations,,,,,, Motions terminated: 28 MOTION to Certify Class (Plaintiff's Motion for Court-Authorized Notice to Potential Opt-In Plaintiffs under Section 216(b) of the Fair Labor Standards Act). MOTION to Certify Class (Plaintiff's Motion for Court-Authorized Notice to Potential Opt-In Plaintiffs under Section 216(b) of the Fair Labor Standards Act). MOTION to Certify Class (Plaintiff's Motion for Court-Authorized Notice to Potential Opt-In Plaintiffs under Section 216(b) of the Fair Labor Standards Act). filed by Sophia Francis. SO ORDERED. (Signed by Judge Cathy Seibel on 10/15/2008) (gco) (Entered: 10/17/2008) | ||
| 2008-12-09 | 49 | 0 | Letter | LETTER addressed to Judge Cathy Seibel from Brian L. Bromberg dated 11/25/2008 re:...Accordingly, Plaintiff requests that Your Honor approve the revised notice.. Document filed by Sophia Francis.(rj) (Entered: 12/10/2008) | ||
| 2008-12-09 | 50 | 0 | Endorsed Letter | ENDORSED LETTER addressed to Hon. Judge Cathy Seibel from Brian L. Bromberg dated 11/24/2008 re: approval of notice. ENDORSEMENT: Application Granted. Defendant has no objection.SO ORDERED. (Signed by Judge Cathy Seibel on 12/04/2008) (gco) (Entered: 12/10/2008) | ||
| 2009-01-18 | 51 | 0 | Consent to Become Party Plaintiff | CONSENT TO BECOME PARTY PLAINTIFF UNDER THE 29 U.S.C. 201. Document filed by Erwin LeGrand.(Rudich, Fran) (Entered: 01/18/2009) | ||
| 2009-01-18 | 52 | 0 | Consent to Become Party Plaintiff | CONSENT TO BECOME PARTY PLAINTIFF UNDER THE 29 U.S.C. 201. Document filed by Michelle Femia.(Rudich, Fran) (Entered: 01/18/2009) | ||
| 2009-01-18 | 53 | 0 | Consent to Become Party Plaintiff | CONSENT TO BECOME PARTY PLAINTIFF UNDER THE 29 U.S.C. 201. Document filed by Marilyn Matos.(Rudich, Fran) (Entered: 01/18/2009) | ||
| 2009-01-30 | 54 | 0 | Consent to Become Party Plaintiff | CONSENT TO BECOME PARTY PLAINTIFF UNDER THE 29 U.S.C. 201. Document filed by Ruth A Arroyo.(Bromberg, Brian) (Entered: 01/30/2009) | ||
| 2009-02-03 | 55 | 0 | Consent to Become Party Plaintiff | CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Felisa Magaha.(Rudich, Fran) (Entered: 02/03/2009) | ||
| 2009-02-08 | 56 | 0 | Consent to Join Class | CONSENT TO JOIN CLASS. Document filed by Jacqueline R Martin.(Bromberg, Brian) (Entered: 02/08/2009) | ||
| 2009-02-08 | 57 | 0 | Consent to Become Party Plaintiff | CONSENT TO BECOME PARTY PLAINTIFF UNDER THE 29 U.S.C. 201. Document filed by Tina Marques.(Bromberg, Brian) (Entered: 02/08/2009) | ||
| 2009-02-08 | 58 | 0 | Consent to Become Party Plaintiff | CONSENT TO BECOME PARTY PLAINTIFF UNDER THE 29 U.S.C. 201. Document filed by Nirmeladebie Gajadhar.(Bromberg, Brian) (Entered: 02/08/2009) | ||
| 2009-02-08 | 59 | 0 | Consent to Become Party Plaintiff | CONSENT TO BECOME PARTY PLAINTIFF UNDER THE 29 U.S.C. 201. Document filed by Jacqueline R Martin.(Bromberg, Brian) (Entered: 02/08/2009) | ||
| 2009-02-23 | 60 | 0 | Consent to Become Party Plaintiff | CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Carol Blackman.(Bromberg, Brian) (Entered: 02/23/2009) | ||
| 2009-08-05 | 61 | 0 | Order Referring Case to Magistrate Judge | ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial. Referred to Magistrate Judge George A. Yanthis. SO ORDERED (Signed by Judge Cathy Seibel on 8/4/2009) (rj) (Entered: 08/06/2009) | ||
| 2009-11-13 | 62 | 0 | Endorsed Letter | ENDORSED LETTER addressed to Judge George A. Yanthis from Brian L. Bromberg dated 11/10/2009 re:... I am writing to confirm the schedule set by the Court this morning...., ( Discovery due by 5/14/2010., Status Conference set for 5/6/2010 at 09:00 AM before Magistrate Judge George A. Yanthis.) SO ORDERED. (Signed by Magistrate Judge George A. Yanthis on 11/13/2009) (gco) (Entered: 11/16/2009) | ||
| 2010-07-27 | 63 | 0 | Endorsed Letter | ENDORSED LETTER addressed to Hon. George A. Yanthis from Brian L. Bromberg dated 07/26/2010 re: I am writing on behalf of all parties to request a three-week extension of today's deadline to submit a settlement conference....... ENDORSEMENT: Application Granted. (Signed by Magistrate Judge George A. Yanthis on 07/27/2010) (jma) (Entered: 07/27/2010) | ||
| 2010-08-17 | 64 | 0 | Endorsed Letter | ENDORSED LETTER addressed to Magistrate Judge George A. Yanthis from Brian L. Bromberg dated 8/17/2010...I am writing to request a 30-day extension of today's deadline to submit a settlement stipulation. I am making this request because the parties are unable to agree on two provisions in the proposed settlement documents that Defendanfs attorney, Adin Goldberg, Esq., circulated last week...ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Magistrate Judge George A. Yanthis on 8/17/2010) (jty) (Entered: 08/17/2010) | ||
| 2010-09-17 | 65 | 0 | Endorsed Letter | ENDORSED LETTER addressed to Judge George A. Yanthis from Brian L. Bromberg dated 9/17/2010 re:...I am writing to request an in person conference to discuss settlement issues that are dividing the parties. So as not to prejudice the parties in the parties in the interim, I am also requesting a 30 day extension of today's deadline to submit a settlement stipulation... ENDORSEMENT: Application Granted. Pretrial conference shall be held on 9/28/10 at 11:00am courtroom 421. SO ORDERED (Signed by Magistrate Judge George A. Yanthis on 9/17/2010) (rj) (Entered: 09/20/2010) | ||
| 2010-09-17 | 66 | 0 | Letter | LETTER addressed to Judge George A. Yanthis from Adin C. Goldberg dated 9/16/2010 re:...We concur in Mr. Bromberg's request for a conference with the Court to iron out the few remaining issues associated with settlement of this matter, and with his request for an extension of the deadline for filing a settlement stipulation. Document filed by A&E Stores, Inc..(rj) (Entered: 09/20/2010) | ||
| 2010-12-28 | 67 | 0 | Letter | Letter addressed to Magistrate Judge George A. Yanthis from Adin C. Goldberg dated 12/22/2010 Document filed by A&E Stores, Inc..I write on behalf of counsel in the referenced matter to provide a status on the settlement. A daft Settlement Agreement and Release was prepared, then revised, and the final comments of plaintiffs' counsel have been received. A final version will be prepared upon my return to the office early next week. At that time, we expect that counsel will write jointly to Your Honor for approval of the settlement, as this is an FLSA collective action. Thank you for your consideration. Best wishes for the holidays and the New Year.(jty) (Entered: 12/28/2010) | ||
| 2011-06-21 | 68 | 0 | Endorsed Letter | ENDORSED LETTER addressed to Magistrate Judge George A. Yanthis from Brian L. Bromberg, dated 6/20/2011, re: Counsel for the Plaintiff writes to request permission to be relieved as opt-in counsel for Ms. Matos. Counsel anticipates filing the motion by July 11, 2011. ENDORSEMENT: Motion to be filed by 7/11/11. So Ordered. (Motions due by 7/11/2011) (Signed by Magistrate Judge George A. Yanthis on 6/21/2011) (lnl) (Entered: 06/21/2011) | ||
| 2011-07-01 | 69 | 0 | Notice of Appearance | NOTICE OF APPEARANCE by John Ho on behalf of A&E Stores, Inc. (Ho, John) (Entered: 07/01/2011) | ||
| 2011-07-01 | 70 | 0 | Notice of Appearance | NOTICE OF APPEARANCE by Amy Marie Culver on behalf of A&E Stores, Inc. (Culver, Amy Marie) (Entered: 07/01/2011) | ||
| 2011-07-12 | 71 | 0 | Motion to Withdraw as Attorney | FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for BRIAN L. BROMBERG, FRAN RUDICH, BRADLEY BERGER, and JEFFREY GOTTLIEB to Withdraw as Attorney. Document filed by Sophia Francis. (Attachments: # 1 Affidavit Brian L. Bromberg Declaration in Support, # 2 Affidavit Jumarie Martinez Declaration in Support, # 3 Affidavit Certificate of Service)(Bromberg, Brian) Modified on 7/13/2011 (ldi). (Entered: 07/12/2011) | ||
| 2011-07-12 | 72 | 0 | Memorandum of Law in Support of Motion | FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 71 MOTION for BRIAN L. BROMBERG, FRAN RUDICH, BRADLEY BERGER, and JEFFREY GOTTLIEB to Withdraw as Attorney. Document filed by Sophia Francis. (Attachments: # 1 Affidavit Certificate of Service)(Bromberg, Brian) Modified on 7/13/2011 (ldi). (Entered: 07/12/2011) | ||
| 2011-07-13 | 73 | 0 | Motion to Withdraw as Attorney | MOTION for BRIAN L. BROMBERG, FRAN RUDICH, BRADLEY BERGER, and JEFFREY GOTTLIEB to Withdraw as Attorney. Document filed by Sophia Francis. (Attachments: # 1 Affidavit Certificate of Service)(Bromberg, Brian) (Entered: 07/13/2011) | ||
| 2011-07-13 | 74 | 0 | Declaration in Support of Motion | DECLARATION of Brian L. Bromberg in Support re: 73 MOTION for BRIAN L. BROMBERG, FRAN RUDICH, BRADLEY BERGER, and JEFFREY GOTTLIEB to Withdraw as Attorney.. Document filed by Sophia Francis. (Attachments: # 1 Affidavit Certificate of Service)(Bromberg, Brian) (Entered: 07/13/2011) | ||
| 2011-07-13 | 75 | 0 | Declaration in Support of Motion | DECLARATION of Jumarie Martinez in Support re: 73 MOTION for BRIAN L. BROMBERG, FRAN RUDICH, BRADLEY BERGER, and JEFFREY GOTTLIEB to Withdraw as Attorney.. Document filed by Sophia Francis. (Attachments: # 1 Affidavit Certificate of Service)(Bromberg, Brian) (Entered: 07/13/2011) | ||
| 2011-07-13 | 76 | 0 | Memorandum of Law in Support of Motion | MEMORANDUM OF LAW in Support re: 73 MOTION for BRIAN L. BROMBERG, FRAN RUDICH, BRADLEY BERGER, and JEFFREY GOTTLIEB to Withdraw as Attorney.. Document filed by Sophia Francis. (Attachments: # 1 Affidavit Certificate of Service)(Bromberg, Brian) (Entered: 07/13/2011) | ||
| 2011-08-08 | 77 | 0 | Declaration in Support of Motion | DECLARATION of Brian L. Bromberg in Support re: 73 MOTION for BRIAN L. BROMBERG, FRAN RUDICH, BRADLEY BERGER, and JEFFREY GOTTLIEB to Withdraw as Attorney.. Document filed by Sophia Francis. (Bromberg, Brian) (Entered: 08/08/2011) | ||
| 2011-08-12 | 78 | 0 | Order on Motion to Withdraw as Attorney | ORDER granting 73 Motion to Withdraw as Attorney. ENDORSEMENT: Application granted. SO ORDERED. Attorney Fran L. Rudich terminated. (Signed by Magistrate Judge George A. Yanthis on 8/11/2011) (mml) (Entered: 08/12/2011) | ||
| 2011-11-07 | 79 | 0 | Endorsed Letter | ENDORSED LETTER addressed to Judge Cathy Seibel from Brian L. Bromberg, dated 11/2/2011 re: Counsel for plaintiff writes to apologize for the delay in wrapping up this case and to enclose the Proposed Order. ENDORSEMENT: Plaintiff's counsel are ORDERED to make a follow-up submission setting forth the legal standard I am to apply in determining whether to approve the settlement. They must also include a copy of the settlement agreement (which the proposed order recites I have considered but which has not been provided), and explain why I should dismiss the claims of their other clients (opt-in plaintiffs who did not agree to the settlement, other than Ms. Matos). So Ordered. (Signed by Judge Cathy Seibel on 11/4/2011) (lnl) (Entered: 11/08/2011) | ||
| 2011-12-28 | 80 | 0 | Endorsed Letter | ENDORSED LETTER addressed to Judge Cathy Seibel from Brian L. Bromberg, dated 12/20/2011, re: Counsel for the plaintiff writes to request leave to electronically file under seal the Settlement Agreements in this case, which the parties have agreed to treat as confidential, and which Your Honor requested be attached to the parties' follow-up submission. ENDORSEMENT: My 11/4/11 Order required not just a copy of the Settlement Agreements, but also: 1. a follow-up submission setting forth the legal standard I am to apply in determining whether to approve the settlement; and 2. an explanation as to why I should dismiss the claims of the non-settling plaintiff's other than Matos.* Plaintiffs counsel have not supplied either. Plaintiffs' counsel is ORDERED, on pain of contempt sanctions, to comply in those respects no later than Jan. 6, 2012. The settlement agreements will be held in Chambers for now. So Ordered. *By my count there are 4 Plaintiffs other than Francis, Marques, Arroyo, Femia and LeGrand (who have settled) and Matos (who cannot be located); Magaha, Martin, Gajadhar and Blackman. Plaintiffs' counsel undertook to represent them and have not explained why I should now approve their being cut loose, nor have they indicated they consent to being cut loose. (Signed by Judge Cathy Seibel on 12/27/2011) (lnl) (Entered: 12/28/2011) | ||
| 2012-01-04 | 81 | 0 | Letter | Letter addressed to Judge Cathy Seibel from Brian L. Bromberg, dated 12/28/2011, re: Counsel for the plaintiffs together with co-counsel writes to request that Your Honor approve the Proposed Settlement and issue the Proposed Order, attached as Exhibit A to Plaintiff's letter dated November 2, 2011. Document filed by Carol Blackman, Michelle Femia, Sophia Francis, Nirmeladebie Gajadhar, Erwin LeGrand, Felisa Magaha, Tina Marques, Jacqueline R Martin, Marilyn Matos. (lnl) (Entered: 01/04/2012) | ||
| 2012-01-06 | 82 | 0 | Order | ORDER: the application to approve the proposed settlement is DENIED. A renewed application, addressing the concerns discussed above, may be made within 30 days of the date of this Order. The parties are directed to appear for a conference on February 17, 2012, at 3 p.m. SO ORDERED. (Status Conference set for 2/17/2012 at 03:00 PM before Judge Cathy Seibel) (Signed by Judge Cathy Seibel on 1/5/2012) (lnl) (Entered: 01/09/2012) | 2012-12-21 21:03:21 | 743b0d27aa74a896557db54dbe14830b046d211e |
| 2012-01-18 | 83 | 0 | Notice of Hearing | NOTICE OF ADJOURNMENT OF CONFERENCE: The conference previously scheduled by this Court for February 17, 2012 is adjourned by this Court to February 14, 2012 at 4:00 p.m. at the Charles L. Brieant United States Courthouse, 300 Quarropas St., White Plains, NY 10601, Courtroom 218. Status Conference set for 2/14/2012 at 04:00 PM in Courtroom 218, 300 Quarropas Street, White Plains, NY 10601 before Judge Cathy Seibel. (lnl) (Entered: 01/18/2012) | ||
| 2012-02-14 | 84 | 0 | Letter | Letter addressed to Judge Cathy Seibel from John S. Ho dated 2/8/2012 re: Defendants respectfully submit that because no one in the similarly situated class has any viable claims within the applicable statute of limitations, there is little, if any, public policy reasons that support public access to the settlement agreement. Document filed by A&E Stores, Inc. (mml) (Entered: 02/14/2012) | 2013-06-05 14:07:07 | 60dda6668cfacb90c7c4b9057484047a2248bc61 |
| 2012-02-14 | 85 | 0 | Letter | Letter addressed to Judge Cathy Seibel from Brian L. Bloomberg dated 2/2/2012 re: Plaintiff respectfully requests that Your Honor approve the Proposed Settlement and issue the Proposed Order. Document filed by Carol Blackman, Michelle Femia, Sophia Francis, Nirmeladebie Gajadhar, Erwin LeGrand, Felisa Magaha, Tina Marques, Jacqueline R Martin, Marilyn Matos. (mml) (Entered: 02/14/2012) | ||
| 2012-02-14 | 86 | 0 | Notice of Appearance | NOTICE OF APPEARANCE by Michael John Palitz on behalf of Sophia Francis (Palitz, Michael) (Entered: 02/14/2012) | ||
| 2012-03-07 | 87 | 0 | Endorsed Letter | ENDORSED LETTER addressed to Judge Cathy Seibel from Brian L. Bromberg, dated 3/5/2012, re: Counsel and co-counsel for the plaintiff writes to request an additional two weeks to contact the four opt-in plaintiffs whose claims will be dismissed without prejudice and to submit Plaintiff's time records. Defendant consents to this request. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge Cathy Seibel on 3/6/2012) (lnl) (Entered: 03/07/2012) | ||
| 2012-03-20 | 88 | 0 | Status Report | FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - STATUS REPORT. Document filed by Sophia Francis.(Bromberg, Brian) Modified on 3/21/2012 (ka). (Entered: 03/20/2012) | ||
| 2012-03-30 | 89 | 0 | Letter | Letter addressed to Judge Cathy Seibel from Brian L. Bromberg, dated 3/28/2012, re: Counsel and co-counsel for the Plaintiffs writes to update the Court concerning Plaintiff's attempts to reach the two remaining opt-ins - Jacqueline R. Martin and Carol Blackman - whose claims are to be dismissed without prejudice under the settlement agreement. Document filed by Carol Blackman, Michelle Femia, Sophia Francis, Nirmeladebie Gajadhar, Erwin LeGrand, Felisa Magaha, Tina Marques, Jacqueline R Martin, Marilyn Matos. (lnl) (Entered: 04/02/2012) | ||
| 2012-05-15 | 90 | 0 | Order | ORDER: that all claims alleged against Defendant by Sophia Francis, Tina Marques, Ruth Arroyo, Michelle Femia, and Erwin LeGrand, all of whom signed onto the settlement agreement, are dismissed with prejudice in their entirety. Based upon Plaintiffs counsel's representations that they have been unable to locate opt-in claimants Carol Blackman and Jacqueline Martin - who appear to have moved without leaving forwarding addresses with the U.S. Postal Service all claims by Ms. Blackman and Ms. Martin are dismissed without prejudice. Plaintiffs counsel, from the Bromberg Law Office, P.C., Klafter Olsen & Lesser LLP, Berger Attorney, P.C., and Gottlieb & Associates are granted permission to w ithdraw as counsel for opt'in plaintiff Marilyn Irizzary Matos, who despite due diligence, cannot be located. Defense counsel must hold Ms. Matos' settlement check for ninety (90) days from the date of this Order which can be claimed by her anytime within this period by written request to John Ho, Esq. at Bond, Schoeneck & King, PLLC 330 Madison Avenue, 39th Floor, New York, New York 10017 set forth above, and her claims will be deemed dismissed with prejudice After the ninety (90) day period expires, the settlement check will be canceled. Ms. Matos' may then make a claim for her settlement amount by written request to Mr. Ho at the above address anytime within three (3) years after the date of this Order. If she timely makes such a request, a settlement check will be sent to her within fourteen (14) working days after receipt of such written request. If Ms. Matos does not timely claim her funds, no W-2 or 1099 will be issued for her portion of the settlement. Fees and costs are to be borne by the parties in accordance with the terms of the settlement. This Court retains jurisdiction to enforce terms and obligations of the Settlement. The Clerk shall close the case. Michelle Femia, Sophia Francis, Sophia Francis, Sophia Francis, Erwin LeGrand, Tina Marques, Jacqueline R Martin, Ruth A Arroyo and Carol Blackman terminated. (Signed by Judge Cathy Seibel on 5/14/2012) (lnl) (Entered: 05/15/2012) | 2012-12-21 20:51:14 | 3ed5e276d957e385c4732449e8f3c52e34d49e31 |