Case details

Court: nysd
Docket #: 1:07-cv-00126
Case Name: Shabazz et al v. Morgan Funding Corp.
PACER case #: 298945
Date filed: 2007-01-08
Date terminated: 2012-03-28
Assigned to: Judge Victor Marrero
Referred to: Magistrate Judge Debra C. Freeman
Case Cause: 28:1331 Fed. Question: Fair Labor Standards
Nature of Suit: 710 Labor: Fair Standards
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Jameel Shabazz
Plaintiff
on behalf of all others similarly situated		 
Erik Harald Langeland
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Jon A. Tostrud
(See above for address)

Jonathan Watson Cuneo
(See above for address)
ATTORNEY TO BE NOTICED
Jameel Shabazz
Plaintiff
on behalf of all others similarly situated		 
Erik Harald Langeland
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Jon A. Tostrud
(See above for address)

Jonathan Watson Cuneo
(See above for address)
ATTORNEY TO BE NOTICED
Morgan Funding Corp.
Defendant
 
Lawrence Robert Gelber
Lawrence R. Gelber
34 Plaza Street East,
Suite 1107
Brooklyn, NY 11238
(718)638-2383
Fax: 718 857 9339
Email: gelberlaw@aol.com
TERMINATED: 09/16/2010
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Shaffin Abdul Datoo
Thompson Wigdor & Gilly LLP
85 Fifth Avenue
New York, NY 10003
(212) 257-6800
Fax: (212) 257-6845
Email: sdatoo@thompsonwigdor.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Ari Karen
OFFIT KURMAN
8171 MAPLE LAWN BLVD, SUITE 200
MAPLE LAWN, MD 20759
(301) 575-0340
Fax: (301) 575-0335
Email: akaren@offitkurman.com
TERMINATED: 01/26/2009
PRO HAC VICE
ATTORNEY TO BE NOTICED

James Edward Fagan
Venable LLP (DC)
575 7th Street, N.W.
Washington, DC 20004
(202) 344-8000x8041
Fax: (202) 344-8300
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2007-01-08 1 0 COMPLAINT against Morgan Funding Corp.. (Filing Fee $ 350.00, Receipt Number 601688)Document filed by Jameel Shabazz(Individually), Jameel Shabazz(on behalf of all others similarly situated).(mbe, ) (Entered: 01/09/2007)
2007-02-09 2 0 AFFIDAVIT OF SERVICE. Morgan Funding Corp. served on 1/24/2007, answer due 2/13/2007. Service was accepted by Melissa Jabriel. Document filed by Jameel Shabazz(Individually). (Langeland, Erik) (Entered: 02/09/2007)
2007-02-09 3 0 NOTICE OF APPEARANCE by Erik Harald Langeland on behalf of Jameel Shabazz(Individually) (Langeland, Erik) (Entered: 02/09/2007)
2007-02-09 4 0 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - NOTICE of Consent To Join. Document filed by Jameel Shabazz(Individually). (Langeland, Erik) Modified on 3/1/2007 (gf). (Entered: 02/09/2007)
2007-02-16 5 0 STIPULATION AND ORDER, by and between counsel for Defendant, Morgan Funding Corp. ("MFC"), and Plaintiff, Jameel Shabazz, that MFC shall have until February 20, 2007 to answer the Complaint in the above-captioned matter. Morgan Funding Corp. answer due 2/20/2007. (Signed by Judge Gerard E. Lynch on 2/15/2007) (jmi) (Entered: 02/20/2007)
2007-02-20 6 0 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Morgan Funding Corp..(Datoo, Shaffin) (Entered: 02/20/2007)
2007-02-20 7 0 ANSWER to Complaint. Document filed by Morgan Funding Corp..(Datoo, Shaffin) (Entered: 02/20/2007)
2007-03-07 8 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(Individually), Jameel Shabazz(on behalf of all others similarly situated).(Langeland, Erik) (Entered: 03/07/2007)
2007-03-30 9 0 MOTION for James E. Fagan to Appear Pro Hac Vice. Document filed by Morgan Funding Corp.(jco) (Entered: 04/05/2007)
2007-04-09 10 0 FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION; Upon the motion of Shaffin A. Datoo, atty for Defendant, Morgan Funding Corp. and said sponsor attorney's affirmation in support; it is ordered that James E. Fagan of Venable LLP is admitted to practice pro hac vice as counsel for defendant Morgan Funding Corp in the captioned case. (Signed by Judge Gerard E. Lynch on 4/9/07) (djc) (Entered: 04/10/2007)
2007-04-24 11 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(Individually), Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 McDaniel Opt-in Consent)(Langeland, Erik) (Entered: 04/24/2007)
2007-06-25 12 0 STIPULATION AND ORDER FOR EXTENSION OF TIME: Plaintiff will move for leave to send notice to the putative class members pursuant to Fair Labor Standards Act 261(b) by October 2,2007. Defendant Responses due by 11/1/2007, Plaintiff's Replies due by 11/12/2007. SO ORDERED. (Signed by Judge Gerard E. Lynch on 6/15/2007) (jmi) (Entered: 06/26/2007)
2007-06-29 13 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(Individually). (Attachments: # 1 Opt-in Plaintiff Brummell# 2 Opt-in Plaintiff Mosholder# 3 Opt-in Plaintiff Naylor)(Langeland, Erik) (Entered: 06/29/2007)
2007-09-17 14 0 MOTION for Ari Karen to Appear Pro Hac Vice. Document filed by Morgan Funding Corp. (jco) (Entered: 09/19/2007)
2007-09-24 15 0 ORDER granting 14 Motion for Ari Karen to Appear Pro Hac Vice for dfendant Morgan Funding. (Signed by Judge Gerard E. Lynch on 9/24/07) (cd) (Entered: 09/24/2007)
2007-09-25 16 0 STIPULATION AND ORDER FOR EXTENSION OF TIME: plaintiffs will move for leave to send notice to the putative class members pursuant to Far Labor Standards Act 216(b) by 11/15/2007. Defendant will file a response by 12/15/2007 or 30 days after the date that plaintiffs' 216(b) motion is filed. Plaintiff's reply brief will be due no later than 1/7/2008. (Signed by Judge Gerard E. Lynch on 9/24/07) (kco) (Entered: 09/25/2007)
2007-11-02 17 0 NOTICE OF APPEARANCE by Jonathan Watson Cuneo on behalf of Jameel Shabazz(Individually), Jameel Shabazz(on behalf of all others similarly situated) (Cuneo, Jonathan) (Entered: 11/02/2007)
2007-11-07 18 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent to Join -- John Leone)(Langeland, Erik) (Entered: 11/07/2007)
2007-11-13 19 0 ENDORSED LETTER addressed to Judge Gerard E. Lynch from Ari Karen dated 11/8/2007 re: The parties have also agreed to toll the statute of limitations from September 2007 through January 15, 2008. ENDORSEMENT: SO ORDERED. Plaintiff Motions due by 1/15/2008, Defendant's Responses due by 2/15/2008, Plaintiff's Replies Brief due by 3/1/2008. (Signed by Judge Gerard E. Lynch on 11/9/2007) (jmi) (Entered: 11/14/2007)
2007-11-14 20 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent to Join Ian Page)(Langeland, Erik) (Entered: 11/14/2007)
2007-11-21 21 0 MOTION for Jon A. Tostrud to Appear Pro Hac Vice for plaintiff. Document filed by Jameel Shabazz(Individually), Jameel Shabazz(on behalf of all others similarly situated).(db) (Entered: 12/03/2007)
2007-12-04 22 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent to Join -- Randi Pannell)(Langeland, Erik) (Entered: 12/04/2007)
2007-12-07 23 0 ORDER granting 21 Motion for Jon A. Tostrud to Appear Pro Hac Vice for plaintiff. (Signed by Judge Gerard E. Lynch on 12/6/07) (db) (Entered: 12/07/2007)
2007-12-12 24 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent to Join Walter Cedeno, # 2 Consent to Join Mike Lozano)(Langeland, Erik) (Entered: 12/12/2007)
2007-12-21 25 0 MOTION to Amend/Correct Complaint. Document filed by Jameel Shabazz(Individually). (Attachments: # 1 Plaintiff's Memorandum Of Law, # 2 First Amended Complaint, # 3 Proposed Order)(Langeland, Erik) (Entered: 12/21/2007)
2008-01-04 26 0 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Extension of Time Stipulation and Proposed Order with attached Correspondence to Judge Lynch. Document filed by Morgan Funding Corp.. (Attachments: # 1 Text of Proposed Order)(Fagan, James) Modified on 1/10/2008 (kco). (Entered: 01/04/2008)
2008-01-08 27 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent to Join Frank Leon)(Langeland, Erik) (Entered: 01/08/2008)
2008-01-09 28 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent to Join Manu Sebastian, # 2 Consent to Join Chris Dabiere)(Langeland, Erik) (Entered: 01/09/2008)
2008-01-09 29 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent to Join Rodolfo Garcia)(Langeland, Erik) (Entered: 01/09/2008)
2008-01-09 30 0 STIPULATION AND ORDER: It is hereby stipulated and agreed by and between the parties in the above captioned matter that the schedule be extended as follows: 1. Plaintiff filed a motion to amend its complaint on December 21, 2007. Defendants response to the motion is due on 1/7/08. The parties agree to extend the time for defendant's response until 1/21/08. Plaintiff's reply to defendant's response due 2/1/08. 2. plaintiffs will move for leave to send notice to the putative class members pursuant to the Fir Labor Standars Act 216(b) by 2/21/08. 3. Defendant will file response by 3/21/08 or 30 days after the date that plaintiffs' 216(b) motion is filed. 4. Plaintiffs reply brief will be due no later than 4/14/08. 5. The Statue of limitations in this matter will be tolled from 9/1/07 through 2/21/08. So Ordered. (Signed by Judge Gerard E. Lynch on 1/8/08) (js) (Entered: 01/09/2008)
2008-01-10 31 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent to Join Peter Durichko)(Langeland, Erik) (Entered: 01/10/2008)
2008-01-10 32 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent to Join Roger Singh)(Langeland, Erik) (Entered: 01/10/2008)
2008-01-21 33 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent to Join Bradley Poch)(Langeland, Erik) (Entered: 01/21/2008)
2008-01-22 34 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent to Join Pedro E. Santiago)(Langeland, Erik) (Entered: 01/22/2008)
2008-01-24 35 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent to Join Daniel Ribaudo)(Langeland, Erik) (Entered: 01/24/2008)
2008-02-01 36 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent to Join Christopher L. Searles)(Langeland, Erik) (Entered: 02/01/2008)
2008-02-01 37 0 STIPULATION AND ORDER ALLOWING PLAINTIFFS' MOTION TO AMEND COMPLAINT: It is hereby stipulated by and between the parties in the above captioned matter the Plaintiff's Motion for Leave to File an Amended Complaint, filed on December 21, 2007 (on file with the Court as document #25) should be allowed, as Defendants do not oppose that motion. It is further stipulated that Defendants will be allowed 15 days to answer or otherwise respond to the Amended Complaint from the date of the entry of this Order (Signed by Judge Gerard E. Lynch on 1/31/08) (js) (Entered: 02/04/2008)
2008-02-18 38 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent to Join Jarrod D. John)(Langeland, Erik) (Entered: 02/18/2008)
2008-02-13 39 0 FIRST AMENDED COMPLAINT amending 1 Complaint against Morgan Funding Corp.Document filed by Jameel Shabazz(Individually), Jameel Shabazz(on behalf of all others similarly situated). Related document: 1 Complaint filed by Jameel Shabazz.(pl) (Entered: 02/19/2008)
2008-02-21 40 0 STIPULATION AND ORDER, TO STAY PROCEEDINGS: that the proceedings be stayed until April 15, 2008 so that the parties can mediate this case. Case stayed. (Signed by Judge Gerard E. Lynch on 2/20/08) (tro) (Entered: 02/21/2008)
2008-03-06 41 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent to Join Corneilus Reynolds)(Langeland, Erik) (Entered: 03/06/2008)
2008-04-16 42 0 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Certify Class. Document filed by Jameel Shabazz(on behalf of all others similarly situated). Responses due by 4/28/2008 (Attachments: # 1 Memorandum of Law, # 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, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Text of Proposed Order, # 17 Certificate of Service)(Langeland, Erik) Modified on 4/17/2008 (jar). (Entered: 04/16/2008)
2008-04-17 43 0 MOTION to Certify Class. Document filed by Jameel Shabazz(on behalf of all others similarly situated). Responses due by 4/28/2008 (Attachments: # 1 Certificate of Service)(Langeland, Erik) (Entered: 04/17/2008)
2008-04-17 44 0 MEMORANDUM OF LAW in Support re: 43 MOTION to Certify Class.. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Certificate of Service)(Langeland, Erik) (Entered: 04/17/2008)
2008-05-05 45 0 JOINT STIPULATION AND ORDER CERTIFYING THIS CASE AS A COLLECTIVE ACTION, ALLOWING NOTICE TO ISSUE AND EXTENDING DEFENDANTS' TIME TO ANSWER THE AMENDED COMPLAINT: This case is certified as a Rule 216(b) collective action and as further set forth in this Order. (Entered: 05/05/2008) 2011-06-02 14:18:32 2d759aefa2a041a487c6370558ea45f57d336707
2008-05-16 46 0 ANSWER to Amended Complaint. Document filed by Morgan Funding Corp.. Related document: 39 Amended Complaint filed by Jameel Shabazz.(Datoo, Shaffin) (Entered: 05/16/2008)
2008-05-16 47 0 CERTIFICATE OF SERVICE of Answer to Amended Complaint served on Plaintiffs Jameel Shabazz and Alfred Torres on 5/16/2008. Service was accepted by Erik Langeland, Esquire via CM/ECF. Document filed by Morgan Funding Corp.. (Datoo, Shaffin) (Entered: 05/16/2008)
2008-06-09 48 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent to Join Dominic Kalvelis)(Langeland, Erik) (Entered: 06/09/2008)
2008-06-11 49 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent to Join Ta-nair Murphy, # 2 Consent to Join Diego M. Viveros)(Langeland, Erik) (Entered: 06/11/2008)
2008-06-13 50 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent to Join Gabriel Delgado, # 2 Consent to Join Dale Brave, # 3 Consent to Join Peter Zotti, # 4 Consent to Join Scott McKenzie, # 5 Consent to Join Rob Brusco)(Langeland, Erik) (Entered: 06/13/2008)
2008-06-13 51 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent to Join Jason P. Rosario, # 2 Consent to Join Kesley Parson)(Langeland, Erik) (Entered: 06/13/2008)
2008-06-16 52 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent to Join Brian Phillips, # 2 Consent to Join Mark M. Pschar, # 3 Consent to Join Hope Nisler, # 4 Consent to Join Michael Roberto)(Langeland, Erik) (Entered: 06/16/2008)
2008-06-18 53 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent to Join Karen Scalfani, # 2 Consent to Join Matthew McCullough)(Langeland, Erik) (Entered: 06/18/2008)
2008-06-23 54 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent to Join Judette Couseillant, # 2 Consent to Join Tim Gray)(Langeland, Erik) (Entered: 06/23/2008)
2008-06-23 55 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent to Join Yacine Allalou)(Langeland, Erik) (Entered: 06/23/2008)
2008-06-25 56 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent to Join Joseph Verdicchio, # 2 Consent to Join Frank Holder)(Langeland, Erik) (Entered: 06/25/2008)
2008-06-27 57 0 FILING ERROR - DEFICIENT DOCKET ENTRY - CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent to Join Andre Padgett)(Langeland, Erik) Modified on 7/10/2008 (gf). (Entered: 06/27/2008)
2008-06-27 58 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent to Join Andre Padgett)(Langeland, Erik) (Entered: 06/27/2008)
2008-07-02 59 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent to Join Chris Leonard)(Langeland, Erik) (Entered: 07/02/2008)
2008-07-03 60 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent to Join Daniel Aguilera)(Langeland, Erik) (Entered: 07/03/2008)
2008-07-08 61 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent to Join Roy R. Rumph)(Langeland, Erik) (Entered: 07/08/2008)
2008-07-14 62 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent to Join Bryan Becze, # 2 Consent to Join Somattie Ram, # 3 Consent to Join Jean Jean Louis, # 4 Consent to Join Gary Unger)(Langeland, Erik) (Entered: 07/14/2008)
2008-07-15 63 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent to Join Michael Terranova, # 2 Consent to Join Deborah Doctor)(Langeland, Erik) (Entered: 07/15/2008)
2008-07-16 64 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent to Join Christopher Nangano)(Langeland, Erik) (Entered: 07/16/2008)
2008-07-17 65 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent to Join Joshua Aubrey)(Langeland, Erik) (Entered: 07/17/2008)
2008-07-17 66 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent to Join Timothy Cumpston, # 2 Consent to Join Renee Rebello)(Langeland, Erik) (Entered: 07/17/2008)
2008-07-18 67 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent to Join John Nigro, # 2 Consent to Join Eric Gaubatz)(Langeland, Erik) (Entered: 07/18/2008)
2008-07-21 68 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent to Join Ronald Nussbaum, # 2 Consent to Join Casius Chirila, # 3 Consent to Join Victor Figueroa)(Langeland, Erik) (Entered: 07/21/2008)
2008-07-21 69 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent to Join Gavriel Carlo, # 2 Consent to Join Michael S. Gayed)(Langeland, Erik) (Entered: 07/21/2008)
2008-07-22 70 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent to Join Michael D'Amico)(Langeland, Erik) (Entered: 07/22/2008)
2008-07-23 71 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent to Join Guy La Mura)(Langeland, Erik) (Entered: 07/23/2008)
2008-07-24 72 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent to Join Albert Bishai)(Langeland, Erik) (Entered: 07/24/2008)
2008-07-28 73 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(Individually), Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent To Join--Riccardi, # 2 Consent To Join--Rodgers)(Langeland, Erik) (Entered: 07/28/2008)
2008-07-30 74 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(Individually), Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent To Join Magliochetti, # 2 Consent To Join Torres)(Langeland, Erik) (Entered: 07/30/2008)
2008-08-04 75 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent to Join Gabriel Flores, # 2 Consent to Join Bernard Haffen)(Langeland, Erik) (Entered: 08/04/2008)
2008-08-05 76 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent to Join Edith Ventura)(Langeland, Erik) (Entered: 08/05/2008)
2008-08-07 77 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent to Join Robinson Cuevas)(Langeland, Erik) (Entered: 08/07/2008)
2008-12-15 78 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent to Join Luis Somoza)(Langeland, Erik) (Entered: 12/15/2008)
2009-01-14 79 0 ORDER TO SHOW CAUSE: It is hereby ordered that Defendants show cause before the Honorable Gerard E. Lynch, United States District Judge, Courtroom 6B, United States District Courthouse, 500 Pearl Street, New York, New York, on January 23 at 11:00 a.m., why the Court should not enter an order granting defense counsel's motion to withdraw. The individual defendants should also advise the Court as to whether, if the motion is granted, the individual defendants will retain new counsel, or will proceed pro se. As to the corporate defendant, the Court notes that a corporation may not appear in federal court except through licensed counsel. See Jones v. Niagara Frontier Transp. Auth., 722 F.2d 20, 22 (2d Cir.1983). Thus, if counsel is permitted to withdraw and new counsel is not retained, the corporate defendant will be in default. Ari Karen is directed to serve this Order to Show Cause on defendants on or before January 16, 2009. Hand delivery or overnight mail will be deemed good and sufficient service of this Order. (Signed by Judge Gerard E. Lynch on 1/13/2009) (jfe) (Entered: 01/14/2009)
2009-01-14 80 0 DECLARATION of Shaffin A. Datoo in Support re: 79 Order to Show Cause,,,,. Document filed by Morgan Funding Corp.. (Datoo, Shaffin) (Entered: 01/14/2009)
2009-01-15 81 0 CERTIFICATE OF SERVICE of Declaration of Shaffin A. Datoo on January 14, 2009. Service was made by Mail. Document filed by Morgan Funding Corp.. (Datoo, Shaffin) (Entered: 01/15/2009)
2009-01-26 82 0 ORDER, that defense Counsel Ari Karen's and the Venable Law Firm's Motion to Withdraw as Counsel (attached as Exhibit A) is GRANTED. Lawrence R. Gelber has appeared as counsel for the Defendants. Discovery be completed by May 31, 2009. The parties appear for a status conference at 11 :00 a.m on June 5, 2009. (Signed by Judge Gerard E. Lynch on 1/23/09) (pl) (Entered: 01/26/2009)
2009-01-28 83 0 NOTICE OF APPEARANCE by Lawrence Robert Gelber on behalf of Morgan Funding Corp. (Gelber, Lawrence) (Entered: 01/28/2009)
2009-04-06 84 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent to Join Mark Andreotti)(Langeland, Erik) (Entered: 04/06/2009)
2009-05-19 85 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Consent to Join Joseph Malone)(Langeland, Erik) (Entered: 05/19/2009)
2009-05-28 86 0 ENDORSED LETTER addressed to Judge Gerard E. Lynch from Lawrence R. Gelber dated 5/27/2009 re: Requesting an adjournment of the discovery date until 8/14/2009. ENDORSEMENT: Discovery is extended to August 14, 2009. The conference previously scheduled for June 5, 2009, is adjourned to August 21, 2009 at 11:00 a.m. Further extensions will not be granted absent extraordinary circumstances. (Signed by Judge Gerard E. Lynch on 5/27/2009) (jpo) (Entered: 05/28/2009)
2009-08-12 87 0 CONSENT TO JOIN CLASS. Document filed by Jameel Shabazz(Individually). (Attachments: # 1 Consent to Join Nancy Zammito)(Langeland, Erik) (Entered: 08/12/2009)
2009-08-17 88 0 ENDORSED LETTER addressed to Judge Gerard E. Lynch from Erik H. Langeland dated 8/17/2009 re: Requesting that the discovery deadline be adjourned until September 15, 2009 and that the conference scheduled for August 21, 2009 be postponed until Friday September 18, 2009 at 11:00 a.m. ENDORSEMENT: Granted. There shall be no further extension. (Signed by Judge Gerard E. Lynch on 8/17/2009) (jpo) (Entered: 08/17/2009)
2009-09-21 89 0 ORDER: Plaintiffs will file their motion for class certification by October 23, 2009. 2. Defendants will file their opposition to the class certification and their motion to decertify the collective action by December 4, 2009. 3. Plaintiffs will file their reply to defendants' motion and their opposition to defendants' cross motion by January 4, 2010. 4. Defendants will file their reply to plaintiffs' opposition by January 18, 2010. 5. Consideration of any summary judgment motions will be deferred until after these motions are resolved. So Ordered (Signed by Judge Gerard E. Lynch on 9/18/09) (js) (Entered: 09/21/2009)
2009-10-01 90 0 NOTICE OF CASE REASSIGNMENT to Judge Victor Marrero. Judge Gerard E. Lynch is no longer assigned to the case. (ldi) (Entered: 10/05/2009)
2009-10-23 91 0 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Certify Class Under Fed. Civ. R. P. 23. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit A2, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit M2, # 17 Exhibit M3, # 18 Exhibit M4, # 19 Exhibit N, # 20 Exhibit N2, # 21 Certificate of Service)(Langeland, Erik) Modified on 10/26/2009 (jar). (Entered: 10/23/2009)
2009-10-26 92 0 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Certify Class Under Fed. R. Civ. P. 23. Document filed by Jameel Shabazz(on behalf of all others similarly situated).(Langeland, Erik) Modified on 10/27/2009 (jar). (Entered: 10/26/2009)
2009-10-26 93 0 MOTION to Certify Class Under Fed. R. Civ. P. 23., MOTION to Authorize Notice to be Issued., MOTION to Produce Names, Addresses, and Phone Numbers of Putative Class Members. Document filed by Jameel Shabazz(on behalf of all others similarly situated).(Langeland, Erik) (Entered: 10/26/2009)
2009-10-26 94 0 MEMORANDUM OF LAW in Support re: 93 MOTION to Certify Class Under Fed. R. Civ. P. 23. MOTION to Authorize Notice to be Issued. MOTION to Produce Names, Addresses, and Phone Numbers of Putative Class Members.. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Exhibit A, # 2 Exhibit A2, # 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, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit M2, # 16 Exhibit M3, # 17 Exhibit M4, # 18 Exhibit N, # 19 Exhibit N2, # 20 Certificate of Service)(Langeland, Erik) (jpo). (Additional attachment(s) added on 12/28/2009: # 21 Exhibit M. See Order Dated 12/22/09) (ae). Modified on 12/28/2009 (ae). (Entered: 10/26/2009)
2009-11-12 95 0 ENDORSED LETTER addressed to Judge Victor Marrero from Lawrence R. Gelber dated 11/12/09 re: Counsel for Defendant request a brief adjournment of the current briefing schedules to as follows: Defendant's opposition to the motion for class certification under F.R.C.P. 23 and their motion to decertify the collective action, shall be extended from 12/4/09 to and including 12/18/09. Any replies in further support of Plaintiffs' motion for class certification under F.R.C.P. 23 and Plaintiffs' opposition to Defendants' cross motion be extended from 1/4/2010 to 1/18/2010. The time for Defendants to file their reply to Plaintiffs' opposition be extended to 2/1/2010. ENDORSEMENT: Request GRANTED. The briefing schedule with regard to the motions for class certification herein is extended as set forth herein: respond 12/18/09; reply 1/18/10 for plaintiffs and 2/1/10 for defendants. (Signed by Judge Victor Marrero on 11/12/09) (tro) (Entered: 11/12/2009)
2009-11-24 96 0 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 (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and for specific non-dispositive motion/dispute sanctions. Referred to Magistrate Judge Debra C. Freeman. Motions referred to Debra C. Freeman. (Signed by Judge Victor Marrero on 11/24/09) (dle) (Entered: 11/25/2009)
2009-11-24 97 0 ENDORSED LETTER addressed to Judge Victor Marrero from Erik Langeland dated 11/24/09 re: counsel for plaintiffs request a pre-motion conference. ENDORSEMENT: The parties are directed to address the matter set forth above to Magistrate Judge Debra C. Freeman to whom this dispute has been referred for resolution as well as for supervision of remaining pretrial proceedings establishing case management schedules as necessary and settlement. (Signed by Judge Victor Marrero on 11/24/09) (dle) Modified on 11/25/2009 (dle). (Entered: 11/25/2009)
2009-12-18 98 0 DECLARATION of Lawrence R. Gelber in Opposition re: 93 MOTION to Certify Class Under Fed. R. Civ. P. 23. MOTION to Authorize Notice to be Issued. MOTION to Produce Names, Addresses, and Phone Numbers of Putative Class Members.. Document filed by Morgan Funding Corp.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Gelber, Lawrence) (Entered: 12/18/2009)
2009-12-18 99 0 MEMORANDUM OF LAW in Opposition re: 93 MOTION to Certify Class Under Fed. R. Civ. P. 23. MOTION to Authorize Notice to be Issued. MOTION to Produce Names, Addresses, and Phone Numbers of Putative Class Members. and in Support of Cross-Motion to Decertify Plaintiffs' 29 U.S.C. sec. 216(b) Collective Action. Document filed by Morgan Funding Corp.. (Gelber, Lawrence) (Entered: 12/18/2009) 2011-02-15 20:31:23 bfe6c6a2ac342ec9c58504fb32b31f004b05af46
2009-12-18 100 0 MOTION Decertify Collective Action re: 98 Declaration in Opposition to Motion, 93 MOTION to Certify Class Under Fed. R. Civ. P. 23. MOTION to Authorize Notice to be Issued. MOTION to Produce Names, Addresses, and Phone Numbers of Putative Class Members., 99 Memorandum of Law in Opposition to Motion,. Document filed by Morgan Funding Corp..(Gelber, Lawrence) (Entered: 12/18/2009)
2009-12-23 101 0 ORDER: The Clerk of the Court is directed to substitute the attached document for Docket No. 94-15 in this action. (Signed by Judge Victor Marrero on 12/22/2009) (jpo) (Entered: 12/28/2009)
2010-01-11 102 0 ORDER, that pursuant to the information provided to the Court by Magistrate Judge Debra Freeman, the parties are directed to suspend briefing on all motions in this case pending the outcome of settlement discussions. The parties are directed to inform the Court by February 16, 2010 of the status of this matter and whether any reason remains for maintaining this case on the Court's docket. If the parties are unable to reach a resolution of the dispute, the Court will grant leave to resume briefing according to a revised briefing scheduling. (Signed by Judge Victor Marrero on 1/11/10) (pl) (Entered: 01/11/2010)
2010-01-12 103 0 ORDER, that pursuant to the information provided to the Court by Magistrate Judge Debra Freeman, the parties are directed to suspend briefing on all motions in this case pending the outcome of settlement discussions. The parties are directed to inform the Court by February 16, 2010 of the status of this matter and whether any reason remains for maintaining this case on the Court's docket. If the parties are unable to reach a resolution of the dispute, the Court will grant leave to resume briefing according to a revised briefing scheduling. (Signed by Judge Victor Marrero on 1/11/10) (pl) (Entered: 01/12/2010)
2010-02-16 104 0 STATUS REPORT. Document filed by Jameel Shabazz(on behalf of all others similarly situated).(Langeland, Erik) (Entered: 02/16/2010)
2010-02-16 105 0 ENDORSED LETTER addressed to Judge Victor Marrero from Erik H. Langeland dated 2/16/2010 re: The parties propose that they inform the Court of the outcome of the 3/16/2010 settlement conference by 3/18/2010. ENDORSEMENT: The parties are directed to inform the Court by 3-18-10 as to the status of settlement discussions in this action. SO ORDERED. (Signed by Judge Victor Marrero on 2/16/2010) (tve) (Entered: 02/16/2010)
2010-03-22 106 0 ENDORSED LETTER addressed to Judge Victor Marrero from Erik H. Langeland dated 3/18/2010 re: We represent the Plaintiffs in this matter. Plaintiffs write pursuant to the Court's February 16, 2010 Order to provide a status of the settlement discussions. This is a collective action involving 80 opt-in Plaintiffs that allege they were unlawfully deprived of overtime and minimum wages. Before the Court's Order to stay motion practice on January 12, 2010, the parties, were in the midst of briefing Plaintiff,' motion for class certification under Rule 23 Plaintiffs had filed their motion and Defendants had subsequently opposed. Plaintiff request until April 8, 2010 to file their reply. Plaintiff propose that Defendants have until April 29, 2010 to respond. ENDORSEMENT: Request GRANTED, The briefing schedule with regard to the motion for class certification herein is extended as set forth herein: reply by plaintiffs for 4-8-10. No sur-reply will be necessary unless requested by the Court. SO ORDERED. ( Replies due by 4/8/2010.) (Signed by Judge Victor Marrero on 3/19/2010) (jmi) (Entered: 03/22/2010)
2010-03-23 107 0 ENDORSED LETTER addressed to Judge Victor Marrero from Lawrence R. Gelber dated 3/22/10 re: Request that the reply brief in regards to the Motion to Decertify be extended to 4/29/10. ENDORSEMENT: Request GRANTED. The briefing schedule with regard to the motion to decertify the class herein is extended as set forth herein. Reply by defendants due 4/29/10. SO ORDERED. Set Deadlines as to 100 MOTION Decertify Collective Action re: 98 Declaration in Opposition to Motion, 93 MOTION to Certify Class Under FRCP 23. MOTION to Authorize Notice to be Issued. MOTION to Produce Names, Addresses, and Phone Numbers of Put MOTION Decertify Collective Action re: 98 Declaration in Opposition to Motion, 93 MOTION to Certify Class Under FRCP 23. MOTION to Authorize Notice to be Issued. MOTION to Produce Names, Addresses, and Phone Numbers of Put: (Replies due by 4/29/2010.) (Signed by Judge Victor Marrero on 3/22/10) (db) (Entered: 03/23/2010)
2010-04-08 108 0 REPLY MEMORANDUM OF LAW in Support re: 93 MOTION to Certify Class Under Fed. R. Civ. P. 23. MOTION to Authorize Notice to be Issued. MOTION to Produce Names, Addresses, and Phone Numbers of Putative Class Members.. Document filed by Jameel Shabazz(on behalf of all others similarly situated). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Certificate of Service)(Langeland, Erik) (Entered: 04/08/2010)
2010-04-29 109 0 REPLY MEMORANDUM OF LAW in Support re: 100 MOTION Decertify Collective Action re: 98 Declaration in Opposition to Motion, 93 MOTION to Certify Class Under Fed. R. Civ. P. 23. MOTION to Authorize Notice to be Issued. MOTION to Produce Names, Addresses, and Phone Numbers of Put MOTION Decertify Collective Action re: 98 Declaration in Opposition to Motion, 93 MOTION to Certify Class Under Fed. R. Civ. P. 23. MOTION to Authorize Notice to be Issued. MOTION to Produce Names, Addresses, and Phone Numbers of Put. Document filed by Morgan Funding Corp.. (Gelber, Lawrence) (Entered: 04/29/2010)
2010-05-11 110 0 NOTICE OF CONFERENCE: Conference set for 5/21/2010 at 10:30 AM before Judge Victor Marrero. (Signed by Judge Victor Marrero on 5/10/2010) (tve) (Entered: 05/11/2010)
2010-06-08 111 0 ENDORSED LETTER addressed to Judge Victor Marrero from Lawrence R. Gelber dated 5/27/2010 re: Requesting permission to make a motion to dismiss six individuals. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendants, including the Declaration attached hereto. (Signed by Judge Victor Marrero on 6/7/2010) (jpo) (Entered: 06/08/2010)
2010-06-08 112 0 ENDORSED LETTER addressed to Judge Victor Marrero from Erik H. Langeland dated 5/31/2010 re: Plaintiffs oppose Defendants' request as to opt-in plaintiffs plaintiffs Michael D. Amico and Christopher Nangano. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiffs. (Signed by Judge Victor Marrero on 6/7/2010) (jpo) (Entered: 06/08/2010)
2010-06-09 113 0 DECISION AND ORDER granting 93 Motion to Certify Class; granting 93 Motion to Authorize ; granting 93 Motion to Produce; denying 100 Motion. That the motion (Docket No. 111) of defendants Morgan Funding Corporation, Daniel Mackle, Daniel Louis, and Frank Cardia (collectively, "Defendants") to dismiss certain individual plaintiffs from this action is GRANTED as to plaintiffs Scott McKenzie, Christopher Nangano, Daniel Ribaudo, Joseph Verdicchio, and Mark Andreotti, and DENIED as to Michael D' Amico ("D' Amico"). The parties are to confer and submit their plan for D'Amico's deposition to the Court by June 14, 2010; and it is further ORDERED that the motion (Docket No. 112) for leave to amend the complaint of plaintiffs Jameel Shabazz and Alfred Torres, individually and on behalf of themselves and all others similarly situated (collectively, "Plaintiffs"), is DENIED; and it is further ORDERED that the motion (Docket No. 93) of Plaintiffs for class certification pursuant to Rule 23 of the Federal Rules of Civil Procedure is GRANTED; and it is finally ORDERED that the motion (Docket No. 100) of Defendants to decertify Plaintiffs' 29 U.S.C. ยง 216(b) collective action is DENIED. SO ORDERED.(Signed by Judge Victor Marrero on 6/9/2010) (jmi) (Entered: 06/09/2010) 2010-06-10 16:28:10 dc613a720ee84ea0aea2b78ad0fd9e145565d97a
2010-06-15 114 0 ORDER: that the parties are directed to appear for commencement of trial on Monday, November 15, 2010 at 9:00 a.m.; and it is further ORDERED that, as a result of the possibility of an earlier trial date, the parties' Joint Pretrial Order and other related materials be submitted by wednesday, September 15, 2010. SO ORDERED. (Signed by Judge Victor Marrero on 6/14/2010) (tve) (Entered: 06/15/2010)
2010-06-16 115 0 ENDORSED LETTER addressed to Judge Victor Marrero from Lawrence R. Gelber dated 6/15/2010 re: Counsel writes to respond to plaintiff's counsel letter to Your Honor. ENDORSEMENT: The Court is persuaded that plaintiff Michael D'Amico has made a sufficient showing of hardship, where he is one of a representative group randomly selected, to warrant taking his deposition by electronic means, thereby not placing on him a burden not borne by other plaintiffs on the class. So Ordered. (Signed by Judge Victor Marrero on 6/15/2010) (jfe) (Entered: 06/16/2010)
2010-09-07 116 0 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Lawrence R. Gelber to Withdraw as Attorney. Document filed by Morgan Funding Corp. (Attachments: # 1 Affidavit In Support of Motion to Withdraw)(Gelber, Lawrence) Modified on 9/10/2010 (db). (Entered: 09/07/2010)
2010-09-07 117 0 CERTIFICATE OF SERVICE of Motion to Withdraw served on Plaintiffs on September 7, 2010. Service was made by mail. Document filed by Morgan Funding Corp.. (Gelber, Lawrence) (Entered: 09/07/2010)
2010-09-08 118 0 MEMO ENDORSEMENT on re: 116 MOTION for Lawrence R. Gelber to Withdraw as Attorney filed by Morgan Funding Corp. ENDORSEMENT: Defendants are directed to respond by 9/14/2010, by letter not to exceed 3 pages, to the application of Attorney Lawrence Gelber herein to withdraw as counsel to defendants in this action. In the event no timely response is made, the Court will deem the motion unopposed and will grant it. (Signed by Judge Victor Marrero on 9/8/2010) (jar) (Entered: 09/09/2010)
2010-09-14 119 0 ENDORSED LETTER addressed to Judge Victor Marrero from Erik Langeland dated 9/13/10 re: Request that the pretrial order and related documents be due 10/15/10 instead of 9/15/10. ENDORSEMENT: Request GRANTED. The time for the parties to submit pretrial documents herein extended to 10/15/10. (Pretrial Order due by 10/15/2010.) (Signed by Judge Victor Marrero on 9/13/10) (cd) (Entered: 09/14/2010)
2010-09-14 120 0 ENDORSED LETTER addressed to Judge Victor Marrero from Lawrence Gelber dated 9/14/10 re: Affirming that I provided notice of the Court's 9/8/10 endorsement of motion to withdraw as defendants' counsel. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendants' counsel. (Signed by Judge Victor Marrero on 9/14/10) (cd) (Entered: 09/14/2010)
2010-09-14 121 0 MOTION for Lawrence R. Gelber to Withdraw as Attorney. Document filed by Morgan Funding Corp..(Gelber, Lawrence) (Entered: 09/14/2010)
2010-09-14 122 0 AFFIRMATION of Lawrence R. Gelber in Support re: 121 MOTION for Lawrence R. Gelber to Withdraw as Attorney., 116 MOTION for Lawrence R. Gelber to Withdraw as Attorney.. Document filed by Morgan Funding Corp.. (Gelber, Lawrence) (Entered: 09/14/2010)
2010-09-16 123 0 ORDER granting 121 Motion to Withdraw as Attorney. Attorney Lawrence Robert Gelber terminated. Because defendants failed, within the time specified, to respond to such Order or record opposition to Attorney Lawrence Gelber's motion to withdraw as counsel to defendants, the motion is GRANTED. The Clerk of Court is directed to terminate the motion. (Signed by Judge Victor Marrero on 9/16/2010) (jar) (Entered: 09/16/2010)
2010-10-20 124 0 ENDORSED LETTER addressed to Judge Victor Marrero from Erik H. Langeland dated 10/18/10 re: counsel for plaintiffs request leave to subpoena Defendants' payroll records so that notice can be issued per the Court's June 9, 2010 Order certifying this case as a class action. (Dkt. #113). ENDORSEMENT: Request GRANTED. Plaintiffs are authorized to serve subpoenas for the payroll records described above. (Signed by Judge Victor Marrero on 10/19/10) (pl) (Entered: 10/20/2010)
2010-11-04 125 0 ENDORSED LETTER addressed to Judge Victor Marrero from Lawrence R. Gelber dated 11/3/10 re: Former counsel for defendants write to advise the Court that Defendant Daniel Mackle has filed a petition in bankruptcy in the United States Bankruptcy Court for the Southern District of New York and was assigned case number 10-24263-RDD. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendant Daniel Mackle. So Ordered. (Signed by Judge Victor Marrero on 11/3/10) (mro) (Entered: 11/04/2010)
2010-11-04 126 0 ENDORSED LETTER addressed to Judge Victor Marrero from Frank Cardia dated 11/2/10 re: the retention of a bankruptcy attorney by Frank Cardia and request that the Bankruptcy attorney speak to the Judge personally to explain where we are. ENDORSEMENT: The Court cannot properly initiate ex parte telephone conferences with a party to litigation. If defendant's attorney wishes to communicate with the Court, he should do so in writing on notice to other parties. Where this matter now remains is that absent a filing in bankruptcy court, this matter still remains scheduled for trial in this court. (Signed by Judge Victor Marrero on 11/2/10) (pl) (Entered: 11/05/2010)
2010-11-09 127 0 MOTION for Entry of Default as to Frank Cardia. Document filed by Jameel Shabazz(on behalf of all others similarly situated), Jameel Shabazz(Individually). (Attachments: # 1 Exhibit Certificate of Service)(Langeland, Erik) (Entered: 11/09/2010)
2010-11-10 128 0 ORDER: Accordingly, it is hereby ORDERED that the parties are directed to appear for commencement of trial on Monday, February 7, 2011 at 9:00 a.m. It is further ORDERED that the parties Joint Pretrial Order and materials shall be submitted by January 10, 2011. (Signed by Judge Victor Marrero on 11/10/2010) (jfe) (Entered: 11/10/2010)
2010-11-12 129 0 MEMO ENDORSEMENT on 127 PLAINTIFFS' MOTION TO DEFAULT DEFENDANT FRANK CARDIA. ENDORSEMENT: For the reasons stated at the Court's telephone conference with the parties on 11/10/2010, plaintiffs' motion for entry of default judgment against defendant Frank Cardia is DENIED. (Signed by Judge Victor Marrero on 11/10/2010) (jpo) (Entered: 11/15/2010)
2011-01-11 130 0 ENDORSED LETTER addressed to Judge Victor Marrero from Nicole M. Clarke dated 1/10/2011 re: I am writing to advise the Court that Mr. Cardia will be filing a Chapter 7 petition for bankruptcy relief on Monday February 7, 2011. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendant Frank Cardia. (Signed by Judge Victor Marrero on 1/11/2011) (jpo) (Entered: 01/11/2011)
2011-01-20 131 0 ENDORSED LETTER addressed to Judge Victor Marrero from Nicole M. Clarke dated 1/10/11 re: counsel for defendant writes to advise the Court that Mr. Cardia will be filing a Chapter 7 petition for bankruptcy relief on Monday, February 7, 2010. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendant Frank Cardia. (Signed by Judge Victor Marrero on 1/11/11) (pl) (Entered: 01/20/2011)
2011-02-04 132 0 ENDORSED LETTER addressed to Judge Victor Marrero from Erik H. Langeland dated 2/4/2011 re: Requesting that the trial date be adjourned. ENDORSEMENT: Request GRANTED. In the event defendant Frank Caria fails to file a bankruptcy petition by 2/7/2011 an accordance with this representation to the Court on numerous occasions the Court will entertain plaintiffs application for appropriate sanctions including default. (Signed by Judge Victor Marrero on 2/4/2011) (jpo) Modified on 2/15/2011 (jpo). (Entered: 02/04/2011)
2011-02-08 133 0 ENDORSED LETTER addressed to Judge Victor Marrero from Lawrence R. Gelber dated 2/7/2011 re: I am former counsel to defendants, and have been asked to advise the Court that Defendant Frank Cardia has filed a petition in bankruptcy in the United States Bankruptcy Court for the District of New Jersey and was assigned case number 11-13398. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendant Frank Cardia. The trial of this action is cancelled and further proceedings stayed. So ordered. (Signed by Judge Victor Marrero on 2/7/2011) (rjm) (Entered: 02/08/2011)
2011-02-08 134 0 ENDORSED LETTER addressed to Judge Victor Marrero from Nicole M. Clarke dated 2/8/11 re: Counsel advises the Court that Frank Cardia filed a Chapter 7 petition for bankruptcy relief in the District of New Jersey on Monday, February 7, 2011. Mr. Cardia has been assigned the case number 11-13398. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter submitted to the Court by defendant Frank Cardia. (Signed by Judge Victor Marrero on 2/8/11); (djc) (Entered: 02/09/2011)
2011-08-03 135 0 ORDER: that plaintiff is directed to inform the Court, by 8/9/2011, concerning the status of the bankruptcy proceedings as they may relate to any further prosecution of this action. In the event no timely response to this Order is received, the Court may dismiss the action without further notice for lack of prosecution. (Status Report due by 8/9/2011.) (Signed by Judge Victor Marrero on 8/3/2011) (tro) (Entered: 08/09/2011)
2011-08-15 136 0 ENDORSED LETTER addressed to Judge Victor Marrero from Erik H. Langeland dated 8/9/2011 re: Plaintiffs write to inform the Court that Defendant Morgan Funding Corporation's Chapter 7 bankruptcy proceedings are currently open and active. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiffs. (Signed by Judge Victor Marrero on 8/15/2011) (ft) (Entered: 08/15/2011)
2012-03-28 137 0 MINUTE ORDER PURSUANT TO MEMORANDUM FROM THE ADMINISTRATIVE OFFICE OF THE U.S. COURTS, DATED JUNE 15TH, 1973....Case Closed administratively pursuant to Memorandum from the Administrative Office of the United States Courts dated June 15th, 1973....: This case having been pending for more than three years, all presently contemplated proceedings in this Court having been completed, and there having been no action for more than twelve months, there appears to be no further reason at this time to maintain this action as open for statistical purposes, the Clerk is instructed to complete a JS-6 closing report for this case. (Signed by Judge Victor Marrero on 3/27/2012) (djc) Modified on 3/28/2012 (djc). (Entered: 03/28/2012)