Case details

Court: nysd
Docket #: 1:08-cv-03734
Case Name: Lawrence et al v. Starbucks Corporation
PACER case #: 324297
Date filed: 2008-04-18
Date terminated: 2011-07-13
Date of last filing: 2008-08-05
Assigned to: Judge Laura Taylor Swain
Referred to: Magistrate Judge James C. Francis
Case Cause: 15:5(a) Fair Labor Standards Act
Nature of Suit: 190 Contract: Other
Jury Demand: Plaintiff
Jurisdiction: Diversity

Parties

Represented Party Attorney & Contact Info
Kennisha Lawrence
Plaintiff
on behalf of themselves and all others similarly situated TERMINATED: 01/21/2010
Adam T Klein
Outten & Golden,LLP (NYC) 3 Park Avenue, 29th Floor New York, NY 10016 212 245-1000 Fax: 212 977-4005 Email: atk@outtengolden.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Justin Mitchell Swartz
Outten & Golden,LLP (NYC) 3 Park Avenue, 29th Floor New York, NY 10016 (212) 245-1000 Fax: (212) 977-4005 Email: jms@outtengolden.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lewis M. Steel
Outten & Golden,LLP (NYC) 3 Park Avenue, 29th Floor New York, NY 10016 (646) 825-9835 Fax: (212) 245-4005 Email: ls@outtengolden.com
ATTORNEY TO BE NOTICED

Molly Anne Brooks
Outten & Golden,LLP (NYC) 3 Park Avenue, 29th Floor New York, NY 10016 (212)245-1000 Fax: (212)977-4005 Email: mbrooks@outtengolden.com
ATTORNEY TO BE NOTICED

Eugene Winans
Plaintiff
on behalf of themselves and all others similarly situated
Adam T Klein
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Justin Mitchell Swartz
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Juno Emmeline Turner
Outten & Golden,LLP (NYC) 3 Park Avenue, 29th Floor New York, NY 10016 (212) 245-1000 Fax: (212) 977-4005 Email: jturner@outtengolden.com
ATTORNEY TO BE NOTICED

Lewis M. Steel
(See above for address)
ATTORNEY TO BE NOTICED

Melissa E. Pierre-Louis
Outten & Golden,LLP (NYC) 3 Park Avenue, 29th Floor New York, NY 10016 (212) 245-1000 x2495 Fax: (212) 977-4005 Email: mpierrelouis@outtengolden.com
ATTORNEY TO BE NOTICED

Molly Anne Brooks
(See above for address)
ATTORNEY TO BE NOTICED

Michael Bienthcs
Plaintiff
on behalf of himself and all others similarly situated
Adam T Klein
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Juno Emmeline Turner
(See above for address)
ATTORNEY TO BE NOTICED

Justin Mitchell Swartz
(See above for address)
ATTORNEY TO BE NOTICED

Lewis M. Steel
(See above for address)
ATTORNEY TO BE NOTICED

Melissa E. Pierre-Louis
(See above for address)
ATTORNEY TO BE NOTICED

Molly Anne Brooks
(See above for address)
ATTORNEY TO BE NOTICED

Reynold Mangones
Plaintiff
on behalf of himself and all others similarly situated
Adam T Klein
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Juno Emmeline Turner
(See above for address)
ATTORNEY TO BE NOTICED

Justin Mitchell Swartz
(See above for address)
ATTORNEY TO BE NOTICED

Lewis M. Steel
(See above for address)
ATTORNEY TO BE NOTICED

Melissa E. Pierre-Louis
(See above for address)
ATTORNEY TO BE NOTICED

Molly Anne Brooks
(See above for address)
ATTORNEY TO BE NOTICED

Matthew Taber
Plaintiff
on behalf of himself and all others similarly situated
Adam T Klein
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Juno Emmeline Turner
(See above for address)
ATTORNEY TO BE NOTICED

Justin Mitchell Swartz
(See above for address)
ATTORNEY TO BE NOTICED

Lewis M. Steel
(See above for address)
ATTORNEY TO BE NOTICED

Melissa E. Pierre-Louis
(See above for address)
ATTORNEY TO BE NOTICED

Molly Anne Brooks
(See above for address)
ATTORNEY TO BE NOTICED

Kristen Tomaino
Plaintiff
on behalf of herself and all others similarly situated
Adam T Klein
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Juno Emmeline Turner
(See above for address)
ATTORNEY TO BE NOTICED

Justin Mitchell Swartz
(See above for address)
ATTORNEY TO BE NOTICED

Lewis M. Steel
(See above for address)
ATTORNEY TO BE NOTICED

Melissa E. Pierre-Louis
(See above for address)
ATTORNEY TO BE NOTICED

Molly Anne Brooks
(See above for address)
ATTORNEY TO BE NOTICED

Starbucks Corporation
Defendant
Gregory W Knopp
Akin Gump Strauss Hauer & Feld LLP(CA) 2029 Century Park East, Suite 2400 Los Angeles, CA 90067 310 552 6436 Fax: 310 229 1001 Email: gknopp@akingump.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kelly M. Scindian
Akin Gump Strauss Hauer & Feld LLP One Bryant Park New York, NY 10036 (212) 872-1015 Fax: (212) 872-1002
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Nathan J. Oleson
Akin, Gump, Strauss, Hauer & Feld, LLP (DC) Robert S. Strauss Building 1333 New Hampshire Avenue, N.W. Washington, DC 20036 (202) 887-4425 Fax: (202) 887-4288 Email: noleson@akingump.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Samidh Jalem Guha
Akin Gump Strauss Hauer & Feld LLP (NYC) One Bryant Park New York, NY 10036 (212) 872-1015 Fax: (212) 872-1002 Email: sguha@akingump.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Daniel L. Nash
Akin, Gump, Strauss, Hauer & Feld, LLP (DC) Robert S. Strauss Building 1333 New Hampshire Avenue, N.W. Washington, DC 20036 (202)-887-4067 Fax: (202)-887-4288 Email: dnash@akingump.com
PRO HAC VICE ATTORNEY TO BE NOTICED

Jessica W.P. D'Arrigo
Akin, Gump, Strauss, Hauer & Feld, LLP (DC) Robert S. Strauss Building 1333 New Hampshire Avenue, N.W. Washington, DC 20036 (202) 887-4390 Fax: (202) 887-4288 Email: jdarrigo@akingump.com
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2008-04-18 1 0 Complaint COMPLAINT against Starbucks Corporation. (Filing Fee $ 350.00, Receipt Number 648644)Document filed by Kennisha Lawrence, Eugene Winan.(mme) (Entered: 04/21/2008) 2009-08-07 05:23:51 78580caed90e78d71ecf403e0e0c07140f4a8bb5
2008-04-28 2 0 Notice of Case Assignment/Reassignment NOTICE OF CASE ASSIGNMENT to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (laq) (Entered: 04/30/2008) 2009-08-07 05:24:00 24580a3f44029f9fd01a14eefae6a7c6404b9890
2008-05-01 3 0 Order for Initial Pretrial Conference ORDER FOR INITIAL PRETRIAL CONFERENCE:... Initial Conference set for 7/11/2008 at 03:00 PM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 4/30/08) (cd) (Entered: 05/01/2008) 2009-08-07 05:24:16 be36772941d47cf0a668f3dc688dbd2c54183da1
2008-05-08 4 0 Affidavit of Service Complaints AFFIDAVIT OF SERVICE of Summons and Complaint. Starbucks Corporation served on 5/6/2008, answer due 5/27/2008. Service was accepted by Nikki Chapple, United States Corporation Company. Document filed by Kennisha Lawrence; Eugene Winan. (Swartz, Justin) (Entered: 05/08/2008) 2009-08-07 05:23:53 56a4d791bd8342c3a0362cc2f523ffbab87554db
2008-05-14 5 0 Notice of Appearance NOTICE OF APPEARANCE by Molly Anne Brooks on behalf of Kennisha Lawrence, Eugene Winan (Brooks, Molly) (Entered: 05/14/2008) 2009-08-07 05:24:23 1ca216f335cbee99795e570d9c268a7bebdf60e2
2008-05-27 6 0 Rule 7.1 Corporate Disclosure Statement RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Starbucks Corporation.(Guha, Samidh) (Entered: 05/27/2008) 2009-08-07 05:24:03 481930ad2082b474c7f00da440e5c3a69039fb49
2008-05-27 7 0 Answer to Complaint ANSWER to Complaint. Document filed by Starbucks Corporation.(Guha, Samidh) (Entered: 05/27/2008) 2009-08-07 05:24:13 fd6dffeebad75ee097665067793f5514db3829c0
2008-06-10 8 0 Motion to Appear Pro Hac Vice MOTION for Daniel L. Nash to Appear Pro Hac Vice. Document filed by Starbucks Corporation.(dle) (Entered: 06/11/2008) 2009-08-07 05:23:57 f424743b64f2de910aff75df74924fe5d0f597eb
2008-06-10 9 0 Motion to Appear Pro Hac Vice MOTION for Nathan J. Oleson to Appear Pro Hac Vice. Document filed by Starbucks Corporation.(dle) (Entered: 06/11/2008) 2009-08-07 05:24:21 3a02872813f83c4524da1c1d14694b7bb664bced
2008-06-16 10 0 Order on Motion to Appear Pro Hac Vice ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN NOTICE: Nathan J. Oleson of Akin Gump Strauss Hauer & Feld LLP is admitted pro hac vice to appear or try this particular case in whole or in part as counsel or advocate for Defendant Starbucks Corporation in accordance with Local Rule 1.3(c). (Signed by Judge Laura Taylor Swain on 6/16/08) (dle) (Entered: 06/16/2008) 2009-08-07 05:23:47 16054548f6d05f6499aa368c17dc69bc272a5932
2008-06-20 11 0 Order on Motion to Appear Pro Hac Vice ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN NOTICE granting 8 Motion for Daniel L. Nash to Appear Pro Hac Vice. (Signed by Judge Laura Taylor Swain on 6/16/08) (mme) (Entered: 06/20/2008) 2009-08-07 05:23:45 f9c3ed61981ad099657595e9e8a07ba40e56f88f
2008-06-23 12 0 Motion to Appear Pro Hac Vice MOTION for Jessica W. Paniccia to Appear Pro Hac Vice. Document filed by Starbucks Corporation.(dle) (Entered: 06/23/2008) 2009-08-07 05:24:17 22bcdf9d2c3cb33d75f4fda787c9858a2827c159
2008-06-25 13 0 Notice of Appearance NOTICE OF APPEARANCE by Gregory W Knopp on behalf of Starbucks Corporation (Knopp, Gregory) (Entered: 06/25/2008) 2009-08-07 05:24:20 5df25005f2c7c80287079a45f480a6af91e56b0d
2008-06-30 14 0 Order on Motion to Appear Pro Hac Vice ORDER granting 12 Motion for Jessica W. Paniccia to Appear Pro Hac Vice. (Signed by Judge Laura Taylor Swain on 6/27/2008) (jpo) (Entered: 06/30/2008) 2009-08-07 05:23:56 7e3893104938786e921a4f28475dbbf13b10b458
2008-07-03 15 0 Preliminary Pretrial Statement PRELIMINARY PRETRIAL STATEMENT. Document filed by Starbucks Corporation.(Guha, Samidh) (Entered: 07/03/2008) 2009-08-07 05:23:49 a4cf488bd632d28c296b34818945d7a29b14f353
2008-07-14 16 0 Scheduling Order PRETRIAL SCHEDULING ORDER:All applications to amend pleadings or join parties shall be made by 9/30/08. Amended Pleadings due by 9/30/2008. Dispositive Motions due by 6/1/2009. All non-expert and expert Discovery due by 4/30/2009. Final Pretrial Conference set for 10/9/2009 at 10:00 AM before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 7/11/08) (cd) (Entered: 07/14/2008) 2009-08-07 05:24:09 64e942293a7671a37ff04d378817897feeb8d84e
2008-07-14 17 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 (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge James C. Francis. (Signed by Judge Laura Taylor Swain on 7/11/08) (cd) (Entered: 07/14/2008) 2009-08-07 05:24:07 cbde0d786d60e1f707b0e18c256a33c2a4dbbd0b
2008-10-22 18 0 NOTICE OF CHANGE OF ADDRESS by Samidh Jalem Guha on behalf of Starbucks Corporation. New Address: Akin Gump Strauss Hauer & Feld LLP, One Bryant Park, New York, New York, USA 10036, 212-872-1000. (Guha, Samidh) (Entered: 10/22/2008)
2009-04-27 19 0 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material....ENDORSEMENT: This Order may be modified by further order of the Court. (Signed by Magistrate Judge James C. Francis on 4/27/09) (tro) (Entered: 04/27/2009)
2009-04-29 20 0 ENDORSED LETTER addressed to Magistrate Judge James C. Francis, IV from Adam T. Klein dated 4/28/09 re: We write to respectfully request an extension of the deadline to complete fact discovery, from April 30, 2009 to June 1, 2009. This is the first request for an extension of the discovery deadline, Defendant consents to this extension. Given that the deadline for dispositive motions is currently set for June 1,2009, we further request that the Court extend that deadline to July 1,2009. ENDORSEMENT: Application granted. SO ORDERED. (Discovery due by 6/1/2009. Motions due by 7/1/2009.) (Signed by Magistrate Judge James C. Francis on 4/29/09) (db) Modified on 4/30/2009 (db). (Entered: 04/29/2009)
2009-06-09 21 0 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Samidh Guha dated 6/8/2009 re: The parties respectfully request that the deadline to complete fact discovery be extended to July 1, 2009 and the deadline to file dispositive motions be extended to August 1, 2009. ENDORSEMENT: SO ORDERED. ( Discovery due by 7/1/2009., Motions due by 8/1/2009.) (Signed by Magistrate Judge James C. Francis on 6/9/2009) (jmi) (Entered: 06/09/2009)
2009-07-13 22 0 NOTICE OF CHANGE OF ADDRESS by Molly Anne Brooks on behalf of Kennisha Lawrence, Eugene Winan. New Address: Outten & Golden, LLP, 3 Park Avenue, 29th Floor, New York, NY, 10016, 212-245-1000. (Brooks, Molly) (Entered: 07/13/2009)
2009-07-14 23 0 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Molly A. Brooks dated 7/13/09 re: Counsel respectfully submit this joint request to extend the deadline for fact discovery to 8/1/09 and the deadline for dispositive motions to 9/11/09. ENDORSEMENT: Application granted. (Signed by Magistrate Judge James C. Francis on 7/14/09) (tro) (Entered: 07/14/2009)
2009-08-28 24 0 NOTICE OF APPEARANCE by Lewis M. Steel on behalf of Kennisha Lawrence, Eugene Winan (Steel, Lewis) (Entered: 08/28/2009)
2009-09-16 25 0 ORDER that by 10/2/09, plaintiffs shall file any motion to amend the complaint or submit a stipulation providing for amendment. Within 60 days of the determination of the motion to amend or the submission of a stipulation providing for amendment, plaintiffs shall move for class certification. All class discovery shall be completed within 60 days of the determination of the class certification motion. Any dispositive motion shall be filed within 60 days of the completion of class discovery. (Signed by Magistrate Judge James C. Francis on 9/16/09) Copies mailed by chambers. (dle) Modified on 9/16/2009 (dle). (Entered: 09/16/2009)
2009-10-02 26 0 MOTION to Amend/Correct Complaint. Document filed by Kennisha Lawrence, Eugene Winan.(Steel, Lewis) (Entered: 10/02/2009)
2009-10-02 27 0 DECLARATION of Lewis Steel in Support re: 26 MOTION to Amend/Correct Complaint.. Document filed by Kennisha Lawrence, Eugene Winan. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Steel, Lewis) (Entered: 10/02/2009)
2009-10-02 28 0 MEMORANDUM OF LAW in Support re: 26 MOTION to Amend/Correct Complaint.. Document filed by Kennisha Lawrence, Eugene Winan. (Steel, Lewis) (Entered: 10/02/2009)
2009-10-07 29 0 ORDER. The final pre-trial conference scheduled for October 9, 2009, is hereby adjourned to June 25, 2010 at 2:00 p.m. in courtroom 11C, and the related deadlines are modified accordingly. (Signed by Judge Laura Taylor Swain on 10/7/09) (djc) (Entered: 10/07/2009)
2009-10-14 30 0 ORDER that the docket will be changed to reflect the new name of attorney Jessica W.P. D'Arrigo (formerly Jessica W. Paniccia) of Akin Gump Strauss Hauer & Feld LLP, admitted pro hac vice as counsel for defendant Starbucks Corporation. (Signed by Judge Laura Taylor Swain on 10/14/09) (dle) (Entered: 10/15/2009)
2009-10-22 31 0 RESPONSE in Opposition re: 26 MOTION to Amend/Correct Complaint.. Document filed by Starbucks Corporation. (D'Arrigo, Jessica) (Entered: 10/22/2009) 2012-07-09 14:54:55 fd2a65bc783de74a113470f898a973cded899b54
2009-10-23 32 0 LETTER addressed to Judge Laura Taylor Swain from Jessica W.P. D'Arrigo dated 10/8/2009 re: I respectfully request that the dockets in the above-referenced actions be updated to reflect that my name has been changed from Jessica W. Paniccia to Jessica W.P. D'Arrigo. Enclosed please find two proposed orders regarding this request.. Document filed by Starbucks Corporation.(mbe) (Entered: 10/23/2009)
2009-11-02 33 0 REPLY MEMORANDUM OF LAW in Support re: 26 MOTION to Amend/Correct Complaint.. Document filed by Kennisha Lawrence, Eugene Winan. (Brooks, Molly) (Entered: 11/02/2009)
2009-11-02 34 0 DECLARATION of Molly A. Brooks in Support re: 26 MOTION to Amend/Correct Complaint.. Document filed by Kennisha Lawrence, Eugene Winan. (Attachments: # 1 Exhibit C, # 2 Exhibit D, # 3 Exhibit E)(Brooks, Molly) (Entered: 11/02/2009)
2009-12-10 35 0 MEMORANDUM AND ORDER granting 26 Motion to Amend/Correct. For the reasons discussed above, the plaintiffs' motion to amend their complaint is granted. Within ten days of the date of this order, counsel shall submit a proposed revised discovery schedule. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 12/10/2009) Copies Mailed By Chambers.(jmi) (Entered: 12/10/2009)
2009-12-22 36 0 SCHEDULING ORDER:The deadline for taking depositions of the plaintiffs added by the Memorandum and Order Granting the Motion to Amend the Complaint [Docket Entry #35], dated December 10,2009, shall be February 19,2010. 2. The deadline for filing a motion for class certification shall be March 12,2010. The deadline for class discovery shall be sixty days from the date of theCourt's determination on the motion for class certification. The deadline to make expert witness disclosure pursuant to Rule 26(a)(2), including expert reports, shall be thirty days from the date of the close of class discovery. The deadline to identify rebuttal experts and exchange rebuttal expert reports shall be thirty days from date of initial expert witness disclosures. The deadline to complete expert witness discovery shall be thirty days from the date of rebuttal expert disclosures. 6. The deadline for dispositive motions shall be thirty (30) days after the close of expert witness discovery. (Signed by Magistrate Judge James C. Francis on 12/22/09) (djc) (Entered: 12/22/2009)
2010-01-21 37 0 FIRST AMENDED COMPLAINT amending 1 Complaint against Starbucks Corporation.Document filed by Michael Bienthcs, Reynold Mangones, Matthew Taber, Kristen Tomaino, Eugene Winans. Related document: 1 Complaint filed by Eugene Winans, Kennisha Lawrence.(ama) (Entered: 01/22/2010)
2010-02-08 38 0 ANSWER to Amended Complaint. Document filed by Starbucks Corporation.(D'Arrigo, Jessica) (Entered: 02/08/2010)
2010-02-09 39 0 NOTICE OF APPEARANCE by Melissa E. Pierre-Louis on behalf of Michael Bienthcs, Reynold Mangones, Matthew Taber, Kristen Tomaino, Eugene Winans (Pierre-Louis, Melissa) (Entered: 02/09/2010)
2010-03-08 40 0 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Samidh Guha dated 3/5/10 re: counsel for Starbucks write on behalf of all parties to respectfully request a brief extension of the scheduling order deadlines in this matter. In light of the parties' request to extend the deposition deadline, the parties also seek to extend (i) the deadline for plaintiffs to file their motion for class certification from March 12, 2010 to May 7,2010, (ii) the deadline for defendant to file its opposition to plaintiffs' motion for class certification to June 7, 2010, and (iii) the deadline for plaintiffs to file a reply in support of their motion until June 25, 2010. ENDORSEMENT: Application granted. So Ordered. (Signed by Magistrate Judge James C. Francis on 3/5/10) (pl) (Entered: 03/08/2010)
2010-05-07 41 0 MOTION to Certify Class. Document filed by Michael Bienthcs, Reynold Mangones, Matthew Taber, Kristen Tomaino, Eugene Winans. Responses due by 6/7/2010(Steel, Lewis) (Entered: 05/07/2010)
2010-05-07 42 0 MEMORANDUM OF LAW in Support re: 41 MOTION to Certify Class.. Document filed by Michael Bienthcs, Reynold Mangones, Matthew Taber, Kristen Tomaino, Eugene Winans. (Steel, Lewis) (Entered: 05/07/2010)
2010-05-07 43 0 DECLARATION of Lewis Steel in Support re: 41 MOTION to Certify Class.. Document filed by Michael Bienthcs, Reynold Mangones, Matthew Taber, Kristen Tomaino, Eugene Winans. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54)(Steel, Lewis) (Entered: 05/07/2010)
2010-05-07 44 0 SEALED DOCUMENT placed in vault.(nm) (Entered: 05/10/2010)
2010-06-07 45 0 MEMORANDUM OF LAW in Opposition re: 41 MOTION to Certify Class.. Document filed by Starbucks Corporation. (Attachments: # 1 Exhibit 1-A, # 2 Exhibit 1-B)(Oleson, Nathan) (Entered: 06/07/2010)
45 2 Exhibit 1-A
45 3 Exhibit 1-B
2010-06-07 46 0 DECLARATION of Nathan J. Oleson in Opposition re: 41 MOTION to Certify Class.. Document filed by Starbucks Corporation. (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 Exhibit O)(Oleson, Nathan) (Entered: 06/07/2010)
2010-06-08 47 0 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Jessica W.P. D'Arrigo dated 6/4/2010 re: We are counsel for defendant Starbucks Corporation in the above-referenced action. Pursuant to Rule 1.E of Your Honor's Individual Practices, Starbucks and plaintiffs jointly request that the Court adjourn the final pretrial conference currently scheduled for June 25, 2010 until after the Court has issued its decision as to Plaintiffs Motion for Class Certification. ENDORSEMENT: The final pretrial conference is adjourned sine die. SO ORDERED. (Signed by Judge Laura Taylor Swain on 6/8/2010) (jmi) Modified on 6/10/2010 (jmi). (Entered: 06/09/2010)
2010-06-29 48 0 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Molly A. Brooks dated 6/25/2010 re: Requesting that a deadline to complete class discovery be set for September 22, 2010 and that Plaintiffs' deadline to file their reply be set for October 12, 2010. ENDORSEMENT: Application granted as modified. (Signed by Magistrate Judge James C. Francis on 6/28/2010) (jpo) (Entered: 06/29/2010)
2010-06-28 49 0 MOTION for Kelly M. Scindian to Appear Pro Hac Vice. Document filed by Starbucks Corporation.(mbe) (Entered: 07/01/2010)
2010-07-06 50 0 ORDER granting 49 Motion for Kelly M. Scindian to Appear Pro Hac Vice. So Ordered. (Signed by Judge Laura Taylor Swain on 7/6/2010) (js) (Entered: 07/06/2010)
2010-07-21 51 0 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Lewis Steel dated 7/9/10 re: Request for a five page extension to the page limit for the reply brief in support of plaintiff's Motion for Class Certification. ENDORSEMENT: As discussed in today's telephone conference, Starbucks shall produce the name and home telephone number for each of the Defendant's current co-workers, such information to be disclosed only to counsel and their paralegals. By 7/30/10, counsel shall advise me in writing of any remaining disputes with respect to scheduling. (Status Report due by 7/30/2010.) (Signed by Magistrate Judge James C. Francis on 7/20/10) (cd) (Entered: 07/21/2010)
2010-07-22 52 0 LETTER addressed to Magistrate Judge James C. Francis from Nathan J. Oleson dated 7/16/10 re: This letter responds to plaintiffs' July 9, 2010 letter; Plaintiffs' have no basis for these requests; They accordingly should be denied. Document filed by Starbucks Corporation.(mro) (Entered: 07/22/2010)
2010-07-22 53 0 LETTER addressed to Magistrate Judge James C. Francis from Lewis M. Steel dated 7/16/10 re: Plaintiffs write in response to Starbucks Corp.'s letter of today's date. Document filed by Michael Bienthcs, Reynold Mangones, Matthew Taber, Kristen Tomaino, Eugene Winans.(mro) (Entered: 07/22/2010)
2010-08-03 54 0 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Kelly M. Scindian dated 7/30/2010 re: The parties respectfully propose the discovery schedule for ASM declarants as further set forth in this letter. ENDORSEMENT: The schedule set forth above is adopted. (Deposition due by 11/3/2010. Reply brief due by 11/17/2010. Status Report due by 11/10/2010.) (Signed by Magistrate Judge James C. Francis on 8/3/2010) (tro) (Entered: 08/03/2010)
2010-11-16 55 0 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Lewis M. Steel dated 11/3/10 re: Plaintiffs request that the Court adjourn without date the November 17, 2010 deadline for Plaintiffs to file their reply brief in support of the motion for class certification. ENDORSEMENT: Application granted. (Signed by Magistrate Judge James C. Francis on 11/15/10) (djc) Modified on 11/18/2010 (djc). (Entered: 11/16/2010)
2010-12-15 56 0 MEMORANDUM AND ORDER, that for the reasons set forth above, the plaintiffs motion to overrule the defendants assertion of privilege and compel disclosure of communications relating to the preparation of declarations submitted by Assistant Store Managers in connection with Starbucks' opposition to the plaintiffs' motion for class certification is denied. Remaining class discovery shall be completed by December 31, 2010, and plaintiffs' reply papers in connection with the class certification motion shall be submitted by January 21, 2011. (Signed by Magistrate Judge James C. Francis on 12/15/10) Copies Mailed By Chambers. (pl) (Entered: 12/15/2010)
2010-12-15 57 0 Letter addressed to Magistrate Judge James C. Francis IV from Lewis M. Steel dated 10/27/2010 re: We seek an order from the Court directing Starbucks' counsel, Akin Gump Strauss Hauer & Feld ("Akin Gump") to discontinue its assertion of attorney-client privilege and direction not to answer questions at the deposition of declarant putative members.. Document filed by Michael Bienthcs, Reynold Mangones, Matthew Taber, Kristen Tomaino, Eugene Winans.(mbe) (Entered: 12/21/2010)
2010-12-15 58 0 Letter addressed to Magistrate Judge James C. Francis IV from Samidh Guha dated 11/5/2010 re: We request that the Court affirm the company's position that communications between counsel and ASMs are privileged pursuant to the U.S. Supreme Court's decision in Upjohn v. United States, 449 U.S. 383(1981). We also request that the Court deny plaintiffs' request to compel disclosure of certain e-mails as this issue is not ripe for the Court's consideration. Document filed by Starbucks Corporation.(mbe) (Entered: 12/21/2010)
2010-12-15 59 0 Letter addressed to Magistrate Judge James C. Francis IV from Lewis M. Steel dated 11/10/2010 re: We right in reply to defendant's letter of November 5, 2010.. Document filed by Michael Bienthcs, Reynold Mangones, Matthew Taber, Kristen Tomaino, Eugene Winans.(mbe) (Entered: 12/21/2010)
2010-12-15 60 0 Letter addressed to Magistrate Judge James C. Francis IV from Samidh Guha dated 11/15/2010 re: We respectfully submit this letter in limited response to assertions plaintiffs make in their November 10, 2010 letter that they failed to raise in their October 27, 2010 letter. Document filed by Starbucks Corporation.(mbe) (Entered: 12/21/2010)
2011-01-03 61 0 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Molly Brooks dated December 23, 2010 re: The parties respectfully request that the December 31, 2010 class discovery deadline be adjourned until February 21, 2011, in light of these negotiations. Plaintiffs further respectfully request that the deadline for filing their reply brief in support of class certification be adjourned until March 14, 2011. ENDORSEMENT: Application granted. No further extensions. SO ORDERED. ( Discovery due by 2/21/2011, Replies due by 3/14/2011.) (Signed by Magistrate Judge James C. Francis on 1/3/2011) (jmi) (Entered: 01/03/2011)
2011-03-14 62 0 SEALED DOCUMENT placed in vault.(mps) (Entered: 03/14/2011)
2011-03-14 63 0 REPLY MEMORANDUM OF LAW in Support re: 41 MOTION to Certify Class.. Document filed by Michael Bienthcs, Reynold Mangones, Matthew Taber, Kristen Tomaino, Eugene Winans. (Steel, Lewis) (Entered: 03/14/2011)
2011-03-14 64 0 DECLARATION of Lewis M. Steel in Support re: 41 MOTION to Certify Class.. Document filed by Michael Bienthcs, Reynold Mangones, Matthew Taber, Kristen Tomaino, Eugene Winans. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25)(Steel, Lewis) (Entered: 03/14/2011)
2011-03-15 65 0 Letter addressed to Judge Laura Taylor Swain and Magistrate Judge James C. Francis from Kelly Scindian dated 3/15/11 re: Request that the court not consider Ms. Coleman's declaration as evidence on the issue of class certification. Document filed by Starbucks Corporation.(cd) (Entered: 03/15/2011)
2011-03-24 66 0 MOTION for Summary Judgment. Document filed by Starbucks Corporation.(Guha, Samidh) (Entered: 03/24/2011)
2011-03-24 67 0 MEMORANDUM OF LAW in Support re: 66 MOTION for Summary Judgment.. Document filed by Starbucks Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Guha, Samidh) (Entered: 03/24/2011)
67 1 Exhibit 1
67 2 Exhibit 2
67 3 Exhibit 3
67 4 Exhibit 4
67 5 Exhibit 5
67 6 Exhibit 6
2011-03-24 68 0 RULE 56.1 STATEMENT. Document filed by Starbucks Corporation. (Guha, Samidh) (Entered: 03/24/2011)
2011-03-24 69 0 DECLARATION of Nancy Murgalo in Support re: 66 MOTION for Summary Judgment.. Document filed by Starbucks Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Guha, Samidh) (Entered: 03/24/2011)
2011-03-25 70 0 DECLARATION of Nathan J. Oleson in Support re: 66 MOTION for Summary Judgment. Document filed by Starbucks Corporation. (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 (Part 1 of 3), # 10 Exhibit I (Part 2 of 3), # 11 Exhibit I (Part 3 of 3))(Guha, Samidh) Modified on 3/28/2011 (db). (Entered: 03/25/2011)
2011-03-25 71 0 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE of Continuation of Exhibits re: 70 Declaration in Support of Motion. Document filed by Starbucks Corporation. (Attachments: # 1 Exhibit J (Part 1 of 4), # 2 Exhibit J (Part 2 of 4), # 3 Exhibit J (Part 3 of 4), # 4 Exhibit J (Part 4 of 4), # 5 Exhibit K, # 6 Exhibit L, # 7 Exhibit M (Part 1 of 3), # 8 Exhibit M (Part 2 of 3), # 9 Exhibit M (Part 3 of 3), # 10 Exhibit N)(Guha, Samidh) Modified on 3/28/2011 (db). (Entered: 03/25/2011)
2011-03-28 72 0 DECLARATION of Nathan J. Oleson in Support re: 66 MOTION for Summary Judgment.. Document filed by Starbucks Corporation. (Attachments: # 1 Exhibit J (Part 1 of 4), # 2 Exhibit J (Part 2 of 4), # 3 Exhibit J (Part 3 of 4), # 4 Exhibit J (Part 4 of 4), # 5 Exhibit K, # 6 Exhibit L, # 7 Exhibit M (Part 1 of 3), # 8 Exhibit M (Part 2 of 3), # 9 Exhibit M (Part 3 of 3), # 10 Exhibit N)(Guha, Samidh) (Entered: 03/28/2011)
2011-04-04 73 0 ENDORSED LETTER addressed to Judge Laura Taylor Swain from lewis M. Steel dated 4/1/2011 re: Counsel respectfully request a three weeks extension to the deadline for plaintiffs' response to defendant's motion for summary judgment. Plaintiffs respectfully request that they be permitted to respond on 4/28/11. ENDORSEMENT: The request is granted. So Ordered. (Signed by Judge Laura Taylor Swain on 4/1/2011) (jfe) (Entered: 04/04/2011)
2011-04-21 74 0 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Molly A. Brooks dated 4/20/11 re: counsel requests an enlargement of the page limit for Plaintiffs' memorandum of law in response to Defendant's motion for summary judgment from 25 to 30 pages. ENDORSEMENT: The request is granted. SO ORDERED. (Signed by Judge Laura Taylor Swain on 4/21/11). (djc) (Entered: 04/21/2011)
2011-04-28 75 0 CROSS MOTION for Summary Judgment. Document filed by Michael Bienthcs, Reynold Mangones, Matthew Taber, Kristen Tomaino, Eugene Winans. Responses due by 5/12/2011(Klein, Adam) (Entered: 04/28/2011)
2011-04-28 76 0 MEMORANDUM OF LAW in Opposition re: 66 MOTION for Summary Judgment., 75 CROSS MOTION for Summary Judgment. and Memorandum of Law in Support of 75 Cross Motion for Summary Judgment. Document filed by Michael Bienthcs, Reynold Mangones, Matthew Taber, Kristen Tomaino, Eugene Winans. (Klein, Adam) (Entered: 04/28/2011)
2011-04-28 77 0 COUNTER STATEMENT TO 68 Rule 56.1 Statement. Document filed by Michael Bienthcs, Reynold Mangones, Matthew Taber, Kristen Tomaino, Eugene Winans. (Klein, Adam) (Entered: 04/28/2011)
2011-04-28 78 0 DECLARATION of Lewis M. Steel in Support re: 75 CROSS MOTION for Summary Judgment.. Document filed by Michael Bienthcs, Reynold Mangones, Matthew Taber, Kristen Tomaino, Eugene Winans. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7a, # 8 Exhibit 7b, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28, # 30 Exhibit 29, # 31 Exhibit 30, # 32 Exhibit 31, # 33 Exhibit 32, # 34 Exhibit 33, # 35 Exhibit 34, # 36 Exhibit 35, # 37 Exhibit 36, # 38 Exhibit 37, # 39 Exhibit 38, # 40 Exhibit 39, # 41 Exhibit 40, # 42 Exhibit 41, # 43 Exhibit 42, # 44 Exhibit 43)(Klein, Adam) (Entered: 04/28/2011)
2011-04-28 79 0 RULE 56.1 STATEMENT. Document filed by Michael Bienthcs, Reynold Mangones, Matthew Taber, Kristen Tomaino, Eugene Winans. (Klein, Adam) (Entered: 04/28/2011)
2011-04-28 80 0 SEALED DOCUMENT placed in vault.(mps) (Entered: 04/29/2011)
2011-05-03 81 0 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Kelly M. Scindian dated 5/2/2011 re: Counsel respectfully request an extension to the deadline for filing Defendant's Reply in Support of Defendant's Motion for Summary Judgment and Defendant's Opposition to Plaintiffs' Cross Motion for Summary Judgment. Defendant requests that the filing deadline for each brief be consolidated and that defendant be permitted to file its briefs on Monday, May 23, 2011. ENDORSEMENT: The request is granted. So Ordered. (Signed by Judge Laura Taylor Swain on 5/3/2011) (jfe) (Entered: 05/03/2011)
2011-05-20 82 0 ENDORSED LETTER: addressed to Judge Laura Taylor Swain from Kelly M. Scindian dated 5/19/2011 re: Counsel for defendant Starbucks Corporation in the above referenced action. Counsel write with plaintiffs' consent to request a five 5 page enlargement to the 25-page limit for Defendant's Opposition to Plaintiffs' Cross Motion for Summary Judgment, which will be filed on Monday May 23. 2011. ENDORSEMENT: The request is granted. So Ordered. (Signed by Judge Laura Taylor Swain on 5/20/2011) (js) (Entered: 05/20/2011)
2011-05-23 83 0 REPLY MEMORANDUM OF LAW in Support re: 66 MOTION for Summary Judgment. And In Opposition to Plaintiffs' Motion for Summary Judgment. Document filed by Starbucks Corporation. (Oleson, Nathan) (Entered: 05/23/2011)
2011-05-23 84 0 DECLARATION of Kelly M. Scindian in Support re: 66 MOTION for Summary Judgment.. Document filed by Starbucks Corporation. (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 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W)(Oleson, Nathan) (Entered: 05/23/2011)
2011-05-23 85 0 DECLARATION of Nancy Murgalo in Support re: 66 MOTION for Summary Judgment.. Document filed by Starbucks Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Oleson, Nathan) (Entered: 05/23/2011)
2011-05-23 86 0 COUNTER STATEMENT TO 79 Rule 56.1 Statement. Document filed by Starbucks Corporation. (Oleson, Nathan) (Entered: 05/23/2011)
2011-05-25 87 0 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Molly A. Brooks dated 5/24/11 re: Plaintiffs respectfully request that they be permitted to file their reply on June 17, 2011. ENDORSEMENT: The request is granted. So ordered. (Replies due by 6/17/2011.) (Signed by Judge Laura Taylor Swain on 5/25/11) (rjm) (Entered: 05/25/2011)
2011-05-27 88 0 NOTICE OF APPEARANCE by Juno Emmeline Turner on behalf of Michael Bienthcs, Reynold Mangones, Matthew Taber, Kristen Tomaino, Eugene Winans (Turner, Juno) (Entered: 05/27/2011)
2011-06-17 89 0 REPLY MEMORANDUM OF LAW in Support re: 75 CROSS MOTION for Summary Judgment.. Document filed by Michael Bienthcs, Reynold Mangones, Matthew Taber, Kristen Tomaino, Eugene Winans. (Klein, Adam) (Entered: 06/17/2011)
2011-07-11 90 0 MEMORANDUM ORDER, denying 41 Motion to Certify Class; granting 66 Motion for Summary Judgment; denying 75 Motion for Summary Judgment. For the foregoing reasons, Defendant's motion for summary judgment dismissing Plaintiffs' complaint is granted in its entirety. Plaintiffs' cross-motion for summary judgment is denied in its entirety. Plaintiffs' motion for class certification is denied as moot. This memorandum order resolves docket entry numbers 41, 66 and 75. The Clerk of Court is respectfully requested to enter judgment accordingly and close this case. (Signed by Judge Laura Taylor Swain on 7/11/11) (pl) Modified on 7/11/2011 (pl). (Entered: 07/11/2011) 2012-07-09 15:54:35 96045f88f658fbecbf4a4cf5763856fcba986432
2011-07-13 91 0 CLERK'S JUDGMENT That for the reasons stated in the Court's Memorandum Order dated July 11, 2011, Defendant's motion for summary judgment dismissing Plaintiffs' complaint is granted in its entirety; Plaintiffs' cross-motion for summary judgment is denied in its entirety; and Plaintiffs' motion for class certification is denied as moot; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 7/13/11) (Attachments: # 1 notice of right to appeal)(ml) (Entered: 07/13/2011)
2011-08-05 92 0 NOTICE OF APPEAL from 90 Memorandum Order, 91 Clerk's Judgment,. Document filed by Michael Bienthcs, Reynold Mangones, Matthew Taber, Kristen Tomaino, Eugene Winans. Filing fee $ 455.00, receipt number 465401013291. (nd) (Entered: 08/05/2011)
2011-08-11 93 0 BILL OF COSTS Request to Tax Costs to Plaintiffs Document filed by Starbucks Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Guha, Samidh) (Entered: 08/11/2011)
2011-08-15 94 0 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Justin M. Swartz dated 8/12/2011 re: Counsel for the Plaintiff writes to request that the Court stay any proceedings regarding Defendant's request until the appeal proceedings have concluded. ENDORSEMENT: The request is granted. (Signed by Judge Laura Taylor Swain on 8/15/2011) (ab) (Entered: 08/15/2011)
2012-10-23 95 0 TRUE COPY OPINION of USCA as to 92 Notice of Appeal filed by Eugene Winans, Michael Bienthcs, Kristen Tomaino, Matthew Taber, Reynold Mangones USCA Case Number 10-4912-cv; 11-3199-cv. Appeals heard in tandem from awards of summary judgment in favor of defendant Starbucks Corporation in the United States District Court for the Southern District of New York. In No. 10-4912-cv, Plaintiffs, representing a putative class of Starbucks baristas, contend that the District Court erred in failing to construe New York Labor Law 196-d to prohibit Starbucks from distributing pooled tips to shift supervisors, who are purportedly Starbucks "agent[s]," as that word is used in the statute. In no. 11-3199-cv, plaintiffs, representing a putative class of Starbucks Assistant Store Managers ("ASMs"), contend that the District Court erred in construing 196-d as not requiring Starbucks to include ASMs in its tip pools. Because these cases turn on the proper construction of New York Labor Law 196-d, and the New York Court of Appeals has yet to construe the meaning of the word "agents" under the statute or to decide whether an employer may exclude a tip-earning employee from receiving distributions from a common tip pool. we defer decision and certify these questions to the New York Court of Appeals. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 10/23/2012. (nd) Modified on 10/24/2012 (nd). (Entered: 10/24/2012)