| Court: | nysd |
| Docket #: | 1:07-cv-00695 |
| Case Name: | Khalil et al v. The Original Homestead Restaurant, Inc. et al |
| PACER case #: | 300480 |
| Date filed: | 2007-01-30 |
| Date terminated: | 2008-05-30 |
| Date of last filing: | 2009-09-30 |
| Assigned to: | Judge Richard J. Holwell |
| 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 |
| Sayed Khalil Plaintiff on behalf of himself and all others similarly situated |
Louis Pechman |
| Wayne Walker Plaintiff on behalf of himself and all others similarly situated |
Louis Pechman |
| Mohamed Elmahdy Plaintiff on behalf of himself and all others similarly situated |
Louis Pechman |
| Brian Lahoff Plaintiff on behalf of himself and all others similarly situated |
Louis Pechman |
| Sebastian Gac Plaintiff |
Louis Pechman |
| Spiridon Hiotis Plaintiff |
Louis Pechman |
| Christos Tsavegias Plaintiff |
Louis Pechman |
| Eric Liberatos Plaintiff |
Louis Pechman |
| The Original Homestead Restaurant, Inc. Defendant doing business asOld Homestead |
Kimberly B. Nerenberg |
| Gregory Sherry Defendant |
Kimberly B. Nerenberg |
| Marc Sherry Defendant |
Kimberly B. Nerenberg |
| Luis Acosta Defendant |
Kimberly B. Nerenberg |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2007-01-30 | 1 | 0 | Complaint | COMPLAINT against The Original Homestead Restaurant, Inc., Gregory Sherry, Marc Sherry, Luis Acosta. (Filing Fee $ 350.00, Receipt Number 604271)Document filed by Sayed Khalil, Wayne Walker, Mohamed Elmahdy, Brian Lahoff.(lb) (Entered: 02/01/2007) | ||
| 2007-03-05 | 2 | 0 | Waiver of Service Executed | WAIVER OF SERVICE RETURNED EXECUTED. The Original Homestead Restaurant, Inc. waiver sent on 2/1/2007, answer due 4/2/2007; Gregory Sherry waiver sent on 2/1/2007, answer due 4/2/2007; Marc Sherry waiver sent on 2/1/2007, answer due 4/2/2007; Luis Acosta waiver sent on 2/1/2007, answer due 4/2/2007. (Attachments: # 1 Certificate of Service)(Nerenberg, Kimberly) (Entered: 03/05/2007) | ||
| 2007-04-02 | 3 | 0 | Rule 7.1 Corporate Disclosure Statement | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Original Homestead Restaurant, Inc., Gregory Sherry, Marc Sherry, Luis Acosta.(Nerenberg, Kimberly) (Entered: 04/02/2007) | ||
| 2007-04-02 | 4 | 0 | Answer to Complaint | ANSWER to Complaint. Document filed by The Original Homestead Restaurant, Inc., Gregory Sherry, Marc Sherry, Luis Acosta.(Nerenberg, Kimberly) (Entered: 04/02/2007) | ||
| 2007-04-20 | 5 | 0 | Order | ORDER Pretrial Conference set for 5/3/2007 09:30 AM before Judge Richard J. Holwell. (Signed by Judge Richard J. Holwell on 4/20/07) (jco) (Entered: 04/23/2007) | ||
| 2007-05-03 | 6 | 0 | Endorsed Letter | ENDORSED LETTER addressed to Judge Holwell from Joel Cohen dated 4/23/07 re request to adjourn the ptc set for 5/3/07: conf reset for 6/22/07 at 9:30 am. (Signed by Judge Richard J. Holwell on 5/3/07) (cd) (Entered: 05/04/2007) | ||
| 2007-06-28 | 7 | 0 | Scheduling Order | JOINT SCHEDULING ORDER: Amended Pleadings due by 9/22/2007., Joinder of Parties due by 9/22/2007., Discovery due by 3/28/2008., Status Conference set for 3/7/2007 at 10:00 AM before Judge Richard J. Holwell. A date for Rule 26(a)(1) disclosures: 7/23/2007, Class Certification discovery completion date 9/28/2007, a date for Rule 26(a)(2) disclosures: 2/11/2008, An expert discovery completion date, including dates for delivery of expert reports: 3/7/2008 (Signed by Judge Richard J. Holwell on 6/22/2007) (jmi) (Entered: 06/29/2007) | ||
| 2007-07-06 | 8 | 0 | Response | RESPONSE /Letter Brief in Opposition to Plaintiff's Application for Conditional Class Certification. Document filed by The Original Homestead Restaurant, Inc., Gregory Sherry, Marc Sherry, Luis Acosta. (Nerenberg, Kimberly) (Entered: 07/06/2007) | ||
| 2007-07-06 | 9 | 0 | Motion to Certify Class | FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION to Certify Class as a Collective Action (LETTER). Document filed by Sayed Khalil.(Pechman, Louis) Modified on 7/9/2007 (KA). (Entered: 07/06/2007) | ||
| 2007-07-20 | 10 | 0 | Order | ORDER: The Court directs plts to file declarations to support the factual allegations in the Complt by 8/3/2007. Dfts may submit any counter-declarations by that same date. (Signed by Judge Richard J. Holwell on 7/20/2007) (jar) (Entered: 07/20/2007) | ||
| 2007-08-03 | 11 | 0 | Affidavit in Support | AFFIDAVIT of Sayed Khalil in Support. Document filed by Sayed Khalil. (Pechman, Louis) (Entered: 08/03/2007) | ||
| 2007-08-07 | 12 | 0 | Response | RESPONSE re: 11 Affidavit in Support (LETTER, dated August 7, 2007). Document filed by The Original Homestead Restaurant, Inc., Gregory Sherry, Marc Sherry, Luis Acosta. (Nerenberg, Kimberly) (Entered: 08/07/2007) | ||
| 2007-08-07 | 13 | 0 | Reply | REPLY to Defendants' August 7, 2007 letter. Document filed by Sayed Khalil. (Pechman, Louis) (Entered: 08/07/2007) | ||
| 2007-08-09 | 14 | 0 | Order | ORDER; that plaintiffs request to proceed as a collective action for purposes of their claims under the FLSA is granted under the terms and conditions that are set forth in this order. (Signed by Judge Richard J. Holwell on 8/9/07) (pl) (Entered: 08/10/2007) | ||
| 2007-10-15 | 15 | 0 | Endorsed Letter | ENDORSED LETTER addressed to Judge Richard J. Holwell from Louis Pechman dated 10/9/07 re: Counsel for plaintiffs request the following extensions - completion of discovery regarding class certification by 12/4/07 and filing deadline on motion on class certification by 1/4/08. ENDORSEMENT: Application GRANTED. SO ORDERED. Discovery due by 12/4/2007. Motions due by 1/4/2008. (Signed by Judge Richard J. Holwell on 10/9/07) (db) (Entered: 10/15/2007) | ||
| 2007-10-18 | 16 | 0 | Consent to Sue | CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Mohamed Elmahdy.(Pechman, Louis) (Entered: 10/18/2007) | ||
| 2007-10-18 | 17 | 0 | Consent to Sue | CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Sebastian Gac.(Pechman, Louis) (Entered: 10/18/2007) | ||
| 2007-10-18 | 18 | 0 | Consent to Sue | CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Spiridon Hiotis.(Pechman, Louis) (Entered: 10/18/2007) | ||
| 2007-10-18 | 19 | 0 | Consent to Sue | CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Sayed Khalil.(Pechman, Louis) (Entered: 10/18/2007) | ||
| 2007-10-18 | 20 | 0 | Consent to Sue | CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Brian Lahoff.(Pechman, Louis) (Entered: 10/18/2007) | ||
| 2007-10-18 | 21 | 0 | Consent to Sue | CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Wayne Walker.(Pechman, Louis) (Entered: 10/18/2007) | ||
| 2007-10-22 | 22 | 0 | Consent to Sue | CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Christos Tsavegias.(Pechman, Louis) (Entered: 10/22/2007) | ||
| 2007-10-29 | 23 | 0 | Consent to Sue | CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Eric Liberatos.(Pechman, Louis) (Entered: 10/29/2007) | 2014-07-06 01:25:29 | e202b447fe8ab20b2f40fe6d120896d798785e92 |
| 2007-11-01 | 24 | 0 | Protective Order | CONFIDENTIALITY STIPULATION AND ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Richard J. Holwell on 11/1/07) (tro) (Entered: 11/01/2007) | ||
| 2008-03-03 | 25 | 0 | Endorsed Letter | ENDORSED LETTER addressed to Judge Richard J. Holwell from Joel E. Cohen dated 2/22/08 re: defendants requests an adjournment of the pretrial conference scheduled for 3/7/08. ENDORSEMENT: Conference adjourned to 3/20/08 at 10:30 a.m.. (Signed by Judge Richard J. Holwell on 3/3/08) (pl) (Entered: 03/03/2008) | ||
| 2008-03-26 | 26 | 0 | Order | ORDER: Discovery due by 6/20/2008., Status Conference set for 6/27/2008 at 10:00 AM before Judge Richard J. Holwell. Deposition due by 9/4/2008. Pretrial Order due by 9/4/2008. Motions due by 9/11/2008. Final Pretrial Conference set for 10/2/2008 at 02:30 PM before Judge Richard J. Holwell. (Signed by Judge Richard J. Holwell on 3/26/08) (js) (Entered: 03/26/2008) | ||
| 2008-04-17 | 27 | 0 | Endorsed Letter | ENDORSED LETTER addressed to Judge Richard J. Holwell from Joel E. Cohen dated 3/25/08 re: Counsel for Defendants request that this Court strike Plaintiffs' jury demand only with respect to the availability of liquidated damages. ENDORSEMENT: The issue of liquidated damages will be determined by the Court following trial. (Signed by Judge Richard J. Holwell on 4/15/08) (tro) (Entered: 04/17/2008) | ||
| 2008-04-30 | 28 | 0 | Endorsed Letter | ENDORSED LETTER addressed to Judge Richard J. Holwell from Joel E. Cohen dated 4/21/08 re: Defendants write in response to Plaintiff's letter of 4/18/08 requesting that this Court compel the production of time records and payroll reports related to the eight Plaintiffs and defendant Louis Acosta since 1/30/01; Defendants counsel confirms with Plaintiffs' counsel that the deposition of Carol Troche is actually scheduled for 5/7/08 and not 5/2/08. Defendants will make every effort to produce the requested documents in advance of Ms. Troche's deposition to comply with discovery obligations. ENDORSEMENT: All responsive documents to be produced by 5/2/08. (Signed by Judge Richard J. Holwell on 4/28/08) (ae) (Entered: 04/30/2008) | ||
| 2008-05-13 | 29 | 0 | Notice of Acceptance with Offer of Judgment | FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - NOTICE of Acceptance with Offer of Judgment. Document filed by The Original Homestead Restaurant, Inc., Gregory Sherry, Marc Sherry, Luis Acosta. (Attachments: # 1 Offer of Judgment, dated April 29, 2008, # 2 Certificate of Service)(Alnajjar, Joanne) Modified on 5/14/2008 (db). (Entered: 05/13/2008) | ||
| 2008-05-20 | 30 | 0 | Notice of Acceptance with Offer of Judgment | NOTICE of Acceptance with Offer of Judgment. Document filed by The Original Homestead Restaurant, Inc., Gregory Sherry, Marc Sherry, Luis Acosta. (Attachments: # 1 Offer of Judgment, dated April 29, 2008, # 2 Certificate of Service)(Alnajjar, Joanne) (Entered: 05/20/2008) | ||
| 2008-05-28 | 31 | 0 | Order | ORDER: plaintiff's have timely accepted defendant's offer to allow judgment against defendants under Rule 68 of the F.R.C.P 30 . the Court therefore directs the Clerk of the Court to enter judgment accordingly. Plaintiff's should file any application for attorney's fees by June 16, 2008. Any opposition by defendant's should be filed by June 30, 2008. (Signed by Judge Richard J. Holwell on 5/22/2008) (jfe) (Entered: 05/28/2008) | ||
| 2008-05-30 | 32 | 0 | Clerk's Judgment | CLERK'S JUDGMENT # 08,0937 That for the reasons stated in the Court's Order dated May 22, 2008, plaintiffs have judgment in the amount of $36,000.00 as against the defendants. (Signed by J. Michael McMahon, CLERK on 5/30/08) (Attachments: # 1 NOTICE OF RIGHT TO APPEAL)(ml) (Entered: 05/30/2008) | ||
| 2008-06-13 | 33 | 0 | Motion for Attorney Fees | FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - MOTION for Attorney Fees and Costs (MEMORANDUM OF LAW IN SUPPORT). Document filed by Sayed Khalil.(Pechman, Louis) Modified on 6/16/2008 (jar). (Entered: 06/13/2008) | ||
| 2008-06-13 | 34 | 0 | Declaration in Support of Motion | FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Louis Pechman in Support re: 33 MOTION for Attorney Fees and Costs.. Document filed by Sayed Khalil. (Attachments: # 1 Exhibit A)(Pechman, Louis) Modified on 6/16/2008 (jar). (Entered: 06/13/2008) | ||
| 2008-06-16 | 35 | 0 | Memorandum of Law in Support | MEMORANDUM OF LAW in Support of Plaintiffs' Motion for Attorneys' Fees and Costs. Document filed by Sayed Khalil. (Pechman, Louis) (Entered: 06/16/2008) | 2009-11-16 15:27:07 | 0d82422ed127db661d287c888825f360984e70aa |
| 2008-06-16 | 36 | 0 | Declaration in Support | DECLARATION of Louis Pechman in Support re: 35 Memorandum of Law in Support. Document filed by Sayed Khalil. (Attachments: # 1 Exhibit A)(Pechman, Louis) (Entered: 06/16/2008) | 2012-05-28 23:03:14 | 848ab82ed19721d9197df7003d2a4b035c283f18 |
| 36 | 2 | Exhibit A | ||||
| 2008-06-30 | 37 | 0 | Memorandum of Law in Opposition to Motion | MEMORANDUM OF LAW in Opposition re: 33 MOTION for Attorney Fees and Costs.. Document filed by The Original Homestead Restaurant, Inc., Gregory Sherry, Marc Sherry, Luis Acosta. (Attachments: # 1 Part 2, # 2 Certificate of Service)(Alnajjar, Joanne) (Entered: 06/30/2008) | ||
| 37 | 1 | Part 2 | ||||
| 37 | 2 | Certificate of Service | ||||
| 2008-06-30 | 38 | 0 | Affidavit in Opposition to Motion | AFFIDAVIT of Joel E. Cohen, Esq. in Opposition re: 33 MOTION for Attorney Fees and Costs.. Document filed by The Original Homestead Restaurant, Inc., Gregory Sherry, Marc Sherry, Luis Acosta. (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 J - Part 2)(Alnajjar, Joanne) (Entered: 06/30/2008) | ||
| 38 | 1 | Exhibit A | ||||
| 38 | 2 | Exhibit B | ||||
| 38 | 3 | Exhibit C | ||||
| 38 | 4 | Exhibit D | ||||
| 38 | 5 | Exhibit E | ||||
| 38 | 6 | Exhibit F | ||||
| 38 | 7 | Exhibit G | ||||
| 38 | 8 | Exhibit H | ||||
| 38 | 9 | Exhibit I | ||||
| 38 | 10 | Exhibit J | ||||
| 38 | 11 | Exhibit J - Part 2 | ||||
| 2008-07-08 | 39 | 0 | Reply Memorandum of Law in Support | REPLY MEMORANDUM OF LAW in Support re: 35 Memorandum of Law in Support of Plaintiffs' Motion for Attorneys' Fees and Costs. Document filed by Sayed Khalil. (Pechman, Louis) (Entered: 07/08/2008) | 2012-05-14 11:02:50 | c855d46fd51ccdd9de46af9517b9cd11c7ad0f61 |
| 2008-07-08 | 40 | 0 | Affidavit in Support | AFFIDAVIT of Louis Pechman in Support re: 39 Reply Memorandum of Law in Support. Document filed by Sayed Khalil. (Pechman, Louis) (Entered: 07/08/2008) | ||
| 2008-07-08 | 41 | 0 | Affidavit in Support | AFFIDAVIT of Wayne Walker in Support re: 39 Reply Memorandum of Law in Support. Document filed by Sayed Khalil. (Pechman, Louis) (Entered: 07/08/2008) | ||
| 2008-07-17 | 42 | 0 | Endorsed Letter | ENDORSED LETTER addressed to Judge Richard J. Holwell from Joel E. Cohen dated 7/11/08 for the reasons set forth in this letter, counsel writes the court to request that the reply papers be stricken in their entirety, or, alternatively, that the court order oral arguments concerning the matters raised in plaintiffs reply papers. ENDORSEMENT: Defendants request is granted in part. Rather than schedule oral argument, the court would prefer to receive sur-reply papers affirming the new contention made in plaintiffs reply papers. (Signed by Judge Richard J. Holwell on 7/16/08) (mme) (Entered: 07/17/2008) | ||
| 2008-07-24 | 43 | 0 | Reply Memorandum of Law in Oppisition to Motion | REPLY MEMORANDUM OF LAW in Opposition re: 33 MOTION for Attorney Fees and Costs. Sur-Reply Memorandum of Law in Further Opposition to Plaintiffs' Motion for Attorneys' Fees and Costs. Document filed by The Original Homestead Restaurant, Inc., Gregory Sherry, Marc Sherry, Luis Acosta. (Attachments: # 1 Certificate of Service)(Alnajjar, Joanne) (Entered: 07/24/2008) | 2009-11-16 15:16:07 | e998df6a21263a4aa94697e688604c110c2b379c |
| 43 | 1 | Certificate of Service | ||||
| 2008-07-24 | 44 | 0 | Affidavit in Opposition to Motion | AFFIDAVIT of Joel E. Cohen, Esq. in Opposition re: 33 MOTION for Attorney Fees and Costs.. Document filed by The Original Homestead Restaurant, Inc., Gregory Sherry, Marc Sherry, Luis Acosta. (Attachments: # 1 Exhibit A, # 2 Exhibit A - Part 2, # 3 Exhibit A - Part 3, # 4 Exhibit A - Part 4, # 5 Exhibit A - Part 5, # 6 Exhibit A - Part 6, # 7 Exhibit A - Part 7, # 8 Exhibit A - Part 8)(Alnajjar, Joanne) (Entered: 07/24/2008) | ||
| 2009-09-30 | 45 | 0 | Memorandum & Opinion | MEMORANDUM OPINION AND ORDER: #98104 For the reasons stated above, the Court grants plaintiffs' motion for attorneys' fees and costs. The Court awards fees to Ms. Duguay at $150 per hour, and to Mr. Pechman at $400 per hour. The Court imposes an across-the-board 15 percent reduction in hours billed by, for a total of 408.1 hours. Total attorney's fees are $93,172.75. The Court also awards $2, 612.15 for costs incurred by BWP, for a total award of $95,784.30. SO ORDERED. (Signed by Judge Richard J. Holwell on 9/30/2009) (jmi) Modified on 10/1/2009 (jab). (Entered: 09/30/2009) | 2012-05-14 14:34:18 | b84b148f8612cff2c9eaf8ebf5ce14433b560dea |