Case docket: Garcia et al v. La Revise Associates LLC et al

Case details

Court:	nysd
Docket #:	1:08-cv-09356
Case Name:	Garcia et al v. La Revise Associates LLC et al
PACER case #:	334684
Date filed:	2008-10-30
Date terminated:	2011-01-18
Assigned to:	Judge Laura Taylor Swain
Referred to:	Magistrate Judge Theodore H. Katz
Case Cause:	28:1331fl Fed. Question: Fair Labor Standards
Nature of Suit:	710 Labor: Fair Standards
Jury Demand:	Plaintiff
Jurisdiction:	Federal Question

Parties

Represented Party	Attorney & Contact Info
Oscar Garcia Plaintiff Individually and on behalf of all other persons similarly situated	Dana Lauren Gottlieb The law offices of Jeffrey M. Gottlieb 150 East 18th Street Suite OHR New York, NY 10003 (917) 228 9795 Email: danalgottlieb@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey Michael Gottlieb Jeffrey M. Gottlieb, Esq. 150 E. 18 St. Suite PHR New York, NY 10003 (212)-228-9795 Fax: (212)-982-6284 Email: nyjg@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED William Coudert Rand Law Office of William Coudert Rand 488 Madison Avenue, Suite 1100 New York, NY 10022 (212) 286-1425 Fax: (646) 688-3078 Email: wcrand@wcrand.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Andrey Zahariev Plaintiff Individually and on behalf of all other persons similarly situated	Dana Lauren Gottlieb (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey Michael Gottlieb (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED William Coudert Rand (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Rinat Khassanov Plaintiff Individually and on behalf of all other persons similarly situated	Dana Lauren Gottlieb (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey Michael Gottlieb (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED William Coudert Rand (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Krysztof Garnek Plaintiff Individually and on behalf of all other persons similarly situated	Dana Lauren Gottlieb (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey Michael Gottlieb (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED William Coudert Rand (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Rodney Colon Plaintiff	William Coudert Rand (See above for address) ATTORNEY TO BE NOTICED
Gary L Hampton Plaintiff	William Coudert Rand (See above for address) ATTORNEY TO BE NOTICED
Carlos Rodriguez Plaintiff	William Coudert Rand (See above for address) ATTORNEY TO BE NOTICED
Phil Johnson Plaintiff	William Coudert Rand (See above for address) ATTORNEY TO BE NOTICED
Danyak Walker Plaintiff	William Coudert Rand (See above for address) ATTORNEY TO BE NOTICED
Christopher Mancuso Plaintiff	William Coudert Rand (See above for address) ATTORNEY TO BE NOTICED
Dalia Perez Plaintiff	William Coudert Rand (See above for address) ATTORNEY TO BE NOTICED
Rubin Herrero Plaintiff	William Coudert Rand (See above for address) ATTORNEY TO BE NOTICED
Wuiston Mendozo Plaintiff	William Coudert Rand (See above for address) ATTORNEY TO BE NOTICED
Eric Ruiz Plaintiff	William Coudert Rand (See above for address) ATTORNEY TO BE NOTICED
Eleazar Martinez Plaintiff	William Coudert Rand (See above for address) ATTORNEY TO BE NOTICED
Adalberto Cosme Plaintiff	William Coudert Rand (See above for address) ATTORNEY TO BE NOTICED
Terezo Perez Plaintiff	William Coudert Rand (See above for address) ATTORNEY TO BE NOTICED
Sacha Silberfeld Plaintiff	William Coudert Rand (See above for address) ATTORNEY TO BE NOTICED
Ruperto Castellanos Plaintiff	William Coudert Rand (See above for address) ATTORNEY TO BE NOTICED
Jeovanny Manjivar Plaintiff	William Coudert Rand (See above for address) ATTORNEY TO BE NOTICED
Dimitry Kazak Plaintiff	William Coudert Rand (See above for address) ATTORNEY TO BE NOTICED
Johnny Rivas Plaintiff	William Coudert Rand (See above for address) ATTORNEY TO BE NOTICED
Klaus Pfeifer Plaintiff	William Coudert Rand (See above for address) ATTORNEY TO BE NOTICED
Edgar P. Pogyo Plaintiff	William Coudert Rand (See above for address) ATTORNEY TO BE NOTICED
Alfredo Hernandez Plaintiff	William Coudert Rand (See above for address) ATTORNEY TO BE NOTICED
Cassie Corless Plaintiff	William Coudert Rand (See above for address) ATTORNEY TO BE NOTICED
La Revise Associates LLC Defendant	Dean Lawrence Silverberg Epstein, Becker & Green, P.C. (Stamford) One Landmark Square Stamford, CT 06901 212-351-4642 Fax: 212-878-8642 Email: DSilverberg@ebglaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Douglas Weiner Joseph & Kirschenbaum LLP 233 Broadway, 5th Floor New York, NY 10279 (212) 688-5640 Fax: (212) 981-9587 Email: weiner@lipmanplesur.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Jian Hang Epstein Becker & Green, P.C.(NY) 250 Park Avenue New York, NY 10177 (212)-351-4799 Fax: (212)-878-8728 Email: jhang@ebglaw.com ATTORNEY TO BE NOTICED
Jean Denoyer Defendant	Dean Lawrence Silverberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Douglas Weiner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jian Hang (See above for address) ATTORNEY TO BE NOTICED
Regis Marinier Defendant	Dean Lawrence Silverberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Douglas Weiner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jian Hang (See above for address) ATTORNEY TO BE NOTICED
Bernard Collins Defendant	Dean Lawrence Silverberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Douglas Weiner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jian Hang (See above for address) ATTORNEY TO BE NOTICED
John Does # 1-10 Defendant

Documents

Date Filed	Document #	Attachment #	Short Description	Long Description	Upload date	SHA1 hash
2008-10-30	1	0		COMPLAINT against La Revise Associates LLC, Jean Denoyer, Regis Marinier, Bernard Collins, John Does # 1-10. (Filing Fee $ 350.00, Receipt Number 667680)Document filed by Krysztof Garnek, Oscar Garcia, Andrey Zahariev, Rinat Khassanov.(rdz) (Entered: 11/05/2008)
2008-11-10	2	0		INITIAL CONFERENCE ORDER: Initial Conference set for 2/13/2009 at 10:30 AM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 11/7/2008) (tve) (Entered: 11/10/2008)
2008-12-02	3	0		NOTICE OF APPEARANCE by Dean Lawrence Silverberg on behalf of La Revise Associates LLC, Jean Denoyer, Regis Marinier, Bernard Collins (Silverberg, Dean) (Entered: 12/02/2008)
2008-12-02	4	0		NOTICE OF APPEARANCE by Douglas Weiner on behalf of La Revise Associates LLC, Jean Denoyer, Regis Marinier, Bernard Collins (Weiner, Douglas) (Entered: 12/02/2008)
2008-12-05	5	0		STIPULATION AND TOLLING AGREEMENT. Krysztof Garnek answer due 1/16/2009; Oscar Garcia answer due 1/16/2009; Andrey Zahariev answer due 1/16/2009; Rinat Khassanov answer due 1/16/2009. (Signed by Judge Laura Taylor Swain on 12/5/08) (djc) (Entered: 12/08/2008)
2008-12-26	6	0		CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Rodney Colon.(Rand, William) (Entered: 12/26/2008)
2009-01-16	7	0		RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by La Revise Associates LLC.(Weiner, Douglas) (Entered: 01/16/2009)
2009-01-16	8	0		ANSWER to Complaint. Document filed by La Revise Associates LLC, Jean Denoyer, Regis Marinier, Bernard Collins.(Weiner, Douglas) (Entered: 01/16/2009)	2016-11-04 14:34:37	10c02182f9840e6a76f6ec3bc1a7715c6bc096bd
2009-02-10	9	0		JOINT PRELIMINARY PRETRIAL STATEMENT. Document filed by Krysztof Garnek, La Revise Associates LLC, Jean Denoyer, Regis Marinier, Oscar Garcia, Bernard Collins, Rodney Colon, Andrey Zahariev, Rinat Khassanov.(Weiner, Douglas) (Entered: 02/10/2009)
2009-02-13	10	0		PRE-TRIAL SCHEDULING ORDER: All applications to amend pleadings or join parties, or amendments or joinders as of right, shall be made by March 27, 2009. All non-expert witness discovery in this matter shall be completed by August 9, 2009. All expert witness discovery shall be completed by September 9, 2009. Dispositive motions, if any, seeking resolution, in whole or in part, of the issues to be raised at trial shall be served and filed on or before October 9, 2009. The parties are directed to appear before the undersigned in Courtroom No. 17C, 500 Pearl Street, New York, NY 10007, for a final pre-trial conference on December 11, 2009, at 2:00 p.m. The parties shall begin meeting with Judge Katz for settlement purposes by May 14, 2009. (Signed by Judge Laura Taylor Swain on 2/13/2009) (jfe) (Entered: 02/13/2009)
2009-02-13	11	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). Referred to Magistrate Judge Theodore H. Katz. (Signed by Judge Laura Taylor Swain on 2/13/2009) (jfe) (Entered: 02/13/2009)
2009-04-10	12	0		MOTION to Approve Collective Action Notice. Document filed by Oscar Garcia. Return Date set for 4/27/2009 at 09:30 AM.(Rand, William) (Entered: 04/10/2009)
2009-04-10	13	0		DECLARATION of William C. Rand, Esq. in Support re: 12 MOTION to Approve Collective Action Notice.. Document filed by Oscar Garcia. (Rand, William) (Entered: 04/10/2009)
2009-04-10	14	0		DECLARATION of Andrey Zahariev in Support re: 12 MOTION to Approve Collective Action Notice.. Document filed by Oscar Garcia. (Rand, William) (Entered: 04/10/2009)
2009-04-10	15	0		DECLARATION of Krzysztof Garnek in Support re: 12 MOTION to Approve Collective Action Notice.. Document filed by Oscar Garcia. (Rand, William) (Entered: 04/10/2009)
2009-04-10	16	0		DECLARATION of Oscar Garcia in Support re: 12 MOTION to Approve Collective Action Notice.. Document filed by Oscar Garcia. (Rand, William) (Entered: 04/10/2009)
2009-04-10	17	0		DECLARATION of Rinat Khassanov in Support re: 12 MOTION to Approve Collective Action Notice.. Document filed by Oscar Garcia. (Rand, William) (Entered: 04/10/2009)
2009-04-10	18	0		MEMORANDUM OF LAW in Support re: 12 MOTION to Approve Collective Action Notice.. Document filed by Oscar Garcia. (Rand, William) (Entered: 04/10/2009)	2016-11-04 14:36:01	839f5ed0d31e8043da2934100025d9c7e0a75723
2009-04-16	19	0		ORDER: The Settlement Conference in this case has been rescheduled from 5/14/09 to 5/15/2009 at 10:00 AM before Magistrate Judge Theodore H. Katz. (Signed by Magistrate Judge Theodore H. Katz on 4/16/09) (tro) (Entered: 04/16/2009)
2009-04-24	20	0		MEMORANDUM OF LAW in Opposition re: 12 MOTION to Approve Collective Action Notice.. Document filed by La Revise Associates LLC, Jean Denoyer, Regis Marinier, Bernard Collins. (Attachments: # 1 Exhibit A)(Weiner, Douglas) (Entered: 04/24/2009)
	20	2	Exhibit A
2009-04-24	21	0		AFFIDAVIT of Bernard Collin in Opposition re: 12 MOTION to Approve Collective Action Notice.. Document filed by La Revise Associates LLC, Jean Denoyer, Regis Marinier, Bernard Collins. (Attachments: # 1 Exhibit A)(Weiner, Douglas) (Entered: 04/24/2009)
2009-05-11	22	0		REPLY AFFIDAVIT of Plaintiff Rinat Khassanov in Support re: 12 MOTION to Approve Collective Action Notice.. Document filed by Rinat Khassanov. (Rand, William) (Entered: 05/11/2009)
2009-05-11	23	0		REPLY AFFIDAVIT of Plaintiff Andrey Zahariev in Support re: 12 MOTION to Approve Collective Action Notice.. Document filed by Andrey Zahariev. (Rand, William) (Entered: 05/11/2009)
2009-05-11	24	0		REPLY MEMORANDUM OF LAW in Support re: 12 MOTION to Approve Collective Action Notice.. Document filed by Rinat Khassanov. (Rand, William) (Entered: 05/11/2009)	2016-11-04 14:37:14	c582af4f1dca9c6c15e25db7194e4448518d60b6
2009-07-24	25	0		ORDER granting 12 Motion to Approve Collective Action Notice. (Signed by Judge Laura Taylor Swain on 7/24/09) (djc) (Additional attachment(s) added on 8/6/2009: # 1 MAIN DOCUMENT) (lan). (Entered: 07/24/2009)
2009-08-05	26	0		ENDORSED LETTER addressed to Judge Laura Taylor Swain from Douglas Weiner dated 8/4/09 re: Counsel for the parties have conferred and make this joint request to extend the dates in the Pre-trial Scheduling Order for 153 days as follows: 1) The date set forth in paragraph 2.a of the Pre-trial Scheduling Order shall be extended from 8/9/09 to 1/11/2010. 2) The date set forth in paragraph 2.c of the Pre-trial Scheduling Order shall be extended from 9/9/09 to 2/9/2010. 3) The date set forth in paragraph 3 of the Pre-trial Scheduling Order shall be extended from 10/9/09 to 3/9/2010. The date set forth in paragraph 9 of the Pre-trial Scheduling Order shall be extended from 12/11/09 to May 14, 2010 at 3:00 PM. ENDORSEMENT: The proposed schedule is hereby approved, as amended. (Signed by Magistrate Judge Theodore H. Katz on 8/5/09) (tro) (Entered: 08/06/2009)
2009-08-06	27	0		NOTICE OF APPEARANCE by Jian Hang on behalf of La Revise Associates LLC, Jean Denoyer, Regis Marinier, Bernard Collins (Hang, Jian) (Entered: 08/06/2009)
2009-08-06	28	0		ENDORSED LETTER addressed to Judge Laura Taylor Swain from William C. Rand dated 8/6/09 re: counsel for plaintiffs request a pre-motion conference with the Court prior to making a motion for contempt seeking to compel Defendants to produce the name and addresses if the putative collective action members so that Plaintiffs can mail out a collective action notice and opt in form tothe putative collective action members. ENDORSEMENT: the parties are directed to engage promptly in the process contemplated by paragraph 2B of the Individual Practices Rules of the undersigned, and thereafter to appear before the undersigned for a conference on August 13, 2009, at 11:00 a.m. (Signed by Judge Laura Taylor Swain on 8/6/09) (pl) (Entered: 08/06/2009)
2009-08-11	29	0		ENDORSED LETTER addressed to Judge Laura Taylor Swain from William C. Rand dated August 10, 2009 re: I represent Plaintiffs and am writing to request that the Court cancel the pre-motion conference scheduled for August 13, 2009 at 11:00 a.m. because counsel for the parties have resolved the dispute. Since the request for the conference, Defendants have produced to Plaintiffs a list of the Collective action members and their addresses. ENDORSEMENT: The conference is marked off the calendar. The parties are directed to review docket entry 25 in its entirety (including the corrections and riders to the proposed form of notice) before finalizing any notice. SO ORDERED. (Signed by Judge Laura Taylor Swain on 8/11/2009) (jmi) (Entered: 08/12/2009)
2009-08-12	30	0		STIPULATION AND ORDER GOVERNING THE PROTECTION AND EXCHANGE OF CONFIDENTIAL MATERIAL...regarding procedures to be followed that shall govern the handling of confidential material....ENDORSEMENT: this Order is subject to modification by the Court. (Signed by Magistrate Judge Theodore H. Katz on 8/12/09) (pl) (Entered: 08/12/2009)
2009-08-21	31	0		CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Gary L Hampton.(Rand, William) (Entered: 08/21/2009)
2009-08-21	32	0		CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Carlos Rodriguez.(Rand, William) (Entered: 08/21/2009)
2009-08-25	33	0		CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Phil Johnson.(Rand, William) (Entered: 08/25/2009)
2009-08-25	34	0		CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Danyak Walker.(Rand, William) (Entered: 08/25/2009)
2009-08-25	35	0		CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Christopher Mancuso.(Rand, William) (Entered: 08/25/2009)
2009-08-25	36	0		CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Dalia Perez.(Rand, William) (Entered: 08/25/2009)
2009-08-28	37	0		CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Rubin Herrero.(Rand, William) (Entered: 08/28/2009)
2009-08-28	38	0		CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Wuiston Mendozo.(Rand, William) (Entered: 08/28/2009)
2009-08-28	39	0		CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Eric Ruiz.(Rand, William) (Entered: 08/28/2009)
2009-08-28	40	0		CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Eleazar Martinez.(Rand, William) (Entered: 08/28/2009)
2009-09-09	41	0		CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Adalberto Cosme.(Rand, William) (Entered: 09/09/2009)
2009-09-09	42	0		CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Terezo Perez.(Rand, William) (Entered: 09/09/2009)
2009-09-10	43	0		CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Sacha Silberfeld.(Rand, William) (Entered: 09/10/2009)
2009-09-10	44	0		CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Ruperto Castellanos.(Rand, William) (Entered: 09/10/2009)
2009-09-10	45	0		CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Jeovanny Manjivar.(Rand, William) (Entered: 09/10/2009)
2009-09-23	46	0		CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Dimitry Kazak.(Rand, William) (Entered: 09/23/2009)
2009-09-28	47	0		CONSENT TO BECOME PARTY PLAINTIFF UNDER THE flsa. Document filed by Johnny Rivas.(Rand, William) (Entered: 09/28/2009)
2009-10-02	48	0		CONSENT TO BECOME PARTY PLAINTIFF UNDER THE flsa. Document filed by Klaus Pfeifer.(Rand, William) (Entered: 10/02/2009)
2009-10-05	49	0		CONSENT TO BECOME PARTY PLAINTIFF UNDER THE flsa. Document filed by Edgar P. Pogyo.(Rand, William) (Entered: 10/05/2009)
2009-10-13	50	0		CONSENT TO BECOME PARTY PLAINTIFF UNDER THE flsa. Document filed by Alfredo Hernandez.(Rand, William) (Entered: 10/13/2009)
2009-11-04	51	0		ENDORSED LETTER addressed to Judge Laura Taylor Swain from William C. Rand dated 11/3/2009 re: Counsel request consent to file a notice of consent to become party plaintiff in the above referenced action executed by Ms. Cassie Corless, which was mailed to counsel on October 21, 2009 (shortly after the court ordered cut-off date of October 16, 2009 for the filing of consents). ENDORSEMENT: The request is granted. So Ordered. (Signed by Judge Laura Taylor Swain on 11/4/2009) (jfe) (Entered: 11/04/2009)
2009-11-04	52	0		CONSENT TO BECOME PARTY PLAINTIFF UNDER THE flsa. Document filed by Cassie Corless.(Rand, William) (Entered: 11/04/2009)
2010-01-15	53	0		ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from William C. Rand dated 8/10/09 re: The pretrial order was previously extended by your Honor by Order dated August 5, 2009. The parties accordingly request the following adjournment of the dates in the pre-trial Order: The date set forth in paragraph 2.a. for the completion of non-expert discovery be extended from January 11, 2010 to April 11, 2010. The date set forth in paragraph 2.c. for the completion of expert discovery be extended from February 9, 2010 to May 11, 2010. The date set forth in paragraph 3 for the filing of dispositive motions shall be extended from March 9, 2010 to June 9, 2010. The date set forth in Paragraph 9 for the Final Pre-Trial Conference shall be adjourned from May 14, 2010 to August 13, 2010 at 11:00 a.m. (And shall thereby change other dates in the Order based on this date). ENDORSEMENT: The proposed schedule as amended is approved., (Discovery due by 5/11/2010., Dispositive Motions due by 6/9/2010., Final Pretrial Conference set for 8/13/2010 at 11:00 AM before Magistrate Judge Theodore H. Katz.) (Signed by Magistrate Judge Theodore H. Katz on 1/14/10) (rjm) (Entered: 01/15/2010)
2010-05-04	54	0		AMENDED SCHEDULING ORDER: All pretrial discovery in this matter shall be completed by June 11, 2010. Motions for summary judgment shall be filed by July 9, 2010; responses shall be filed by August 9, 2010; and replies if any shall be filed by August 20, 2010. A motion for class certification shall be filed by July 9, 2010; a response shall be filed by August 24, 2010; and reply if any shall be filed by September 9, 2010. (Signed by Magistrate Judge Theodore H. Katz on 5/4/2010) (jpo) (Entered: 05/04/2010)
2010-06-09	55	0		ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from William C. Rand dated 6/2/2010 re: Counsel for Plaintiffs request a 60 day extension of the discovery deadline until 6/10/2010. Counsel also requests that the dates for the motions set forth in your 5/4/2010 order regarding motion schedules be extended for 30 days as further set forth in this letter. ENDORSEMENT: A 60-day extension is not justified. The Court will allow another 2 weeks to resolve outstanding discovery matters, and all dates in the existing motion schedule shall be extended by 2 weeks. (Signed by Magistrate Judge Theodore H. Katz on 6/9/2010) (tro) Modified on 6/14/2010 (tro). (Entered: 06/09/2010)
2010-06-10	56	0		ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Douglas Weiner dated 6/4/10 re: We represent the Defendants in this action. Defendants have not objected to Plaintiffs' prior two requests to extend discovery deadlines. However, Defendants now ask for protection from Plaintiffs' oppressive discovery demands. We have no objection to Plaintiffs' request to extend the time limits for motions to be filed. ENDORSEMENT: The final pretrial conference before Judge Swain is adjourned to 9/17/10 at 4:00 p.m., (Final Pretrial Conference set for 9/17/2010 at 04:00 PM before Magistrate Judge Theodore H. Katz.) (Signed by Magistrate Judge Theodore H. Katz on 6/10/10) (rjm) (Entered: 06/10/2010)
2010-06-11	57	0		ENDORSED LETTER addressed to Judge Laura Taylor Swain from Douglas Weiner dated 6/11/10 re: Request for an adjournment of the 9/17/10 Final Pretrial Conference. ENDORSEMENT: The final pretrial conference is adjourned to 12/17/10 at 11:00 am and the related deadlines are modified accordingly. SO ORDERED. (Final Pretrial Conference set for 12/17/2010 at 11:00 AM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 6/11/10) (db) (Entered: 06/11/2010)
2010-06-30	58	0		NOTICE OF CHANGE OF ADDRESS by William Coudert Rand on behalf of all plaintiffs. New Address: Law Office of William Coudert Rand, 228 East 45th street, 17th Floor, New York, NY, USA 10017, 212-286-1425. (Rand, William) (Entered: 06/30/2010)
2010-07-13	59	0		ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from William Rand dated 7/8/10 re: Request that the motion deadlines be adjourned 11 days re motions for summary judgment and motion for class certification. ENDORSEMENT: The motion schedule is amended as requested. The discovery schedule is extended to 7/15/10 solely to secure Mr. Collin's declaration and any videotapes counsel agreed would be produced. ( Discovery due by 7/15/2010. Motion for summary judgment and for class certification due by 8/3/2010. Reply to motion for summary judgment due by 9/14/2010. Response to motion for summary judgment due by 9/3/2010)see document for briefing schedule re motion for class certification. (Signed by Magistrate Judge Theodore H. Katz on 7/13/10) (cd) (Entered: 07/13/2010)
2010-07-15	60	0		ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from William Rand dated 7/15/10 re: Request to extend discovery 4 days from 7/15/10 to 7/19/10. ENDORSEMENT: Granted. (Discovery due by 7/19/2010.) (Signed by Magistrate Judge Theodore H. Katz on 7/15/10) (cd) (Entered: 07/15/2010)
2010-07-26	61	0		ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Douglas Weiner dated 7/23/10 re: counsel for Defendant write in response to Plaintiffs' July 20, 2010 letter requesting a conference "to discuss Defendant's failure to produce requested video tapes of Brasserie Rhulmann", and "Plaintiffs' request that the Court order that defendants produce all the video tapes for the entire period (the full open hours of the restaurant each day - not portions of the day)". Defendants have produced to Plaintiffs all the video the Restaurant preserved during the period April 2009 - March 2010, after which no Plaintiff is employed at the Restaurant. ENDORSEMENT: If all of this Video has been produced, no further production is required. Confirm in writing that such is the case. (Signed by Magistrate Judge Theodore H. Katz on 7/23/10) (pl) Modified on 8/12/2010 (pl). (Entered: 07/26/2010)
2010-07-27	62	0		ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from William C. Rand dated 7/26/10 re: If Defendants claim that there are no additional videos, then Plaintiffs request that they be permitted to depose Bernard Collin regarding his production and preservation of the video recordings. ENDORSEMENT: Denied. SO ORDERED. (Signed by Magistrate Judge Theodore H. Katz on 7/27/10) (djc) (Entered: 07/27/2010)
2010-07-27	63	0		ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Douglas Weiner dated 7/27/10 re: counsel to defendants write in compliance with Your Honor's July 26, 2010 Order, and confirm the Defendants have previously produced to Plaintiffs' counsel 12 video disks, which is all the video the Restaurant preserved during the period April 2009 - March 2010; and also request a 14 day extension of the deadlines for scheduling the parties' summary judgment motions. ENDORSEMENT: Defendants' motion for summary judgment shall be filed by August 13, 2010. Plaintiffs' response shall be filed by Sept. 13, 2010. any reply shall be filed by September 27, 2010. ( Motions due by 8/13/2010, Replies due by 9/27/2010, Responses due by 9/13/2010) (Signed by Magistrate Judge Theodore H. Katz on 7/27/10) (djc) (Entered: 07/27/2010)
2010-08-03	64	0		FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Certify Class. Document filed by Oscar Garcia. (Attachments: # 1 Affidavit Declaration of William C. Rand, # 2 Affidavit Declaration of Plaintiff Oscar Garcia, # 3 Affidavit Declaration of Andrey Zahariev, # 4 Affidavit Declaration of Rinat Khassanov, # 5 Affidavit Declaration of Krzysztof Garnek)(Rand, William) Modified on 8/4/2010 (db). (Entered: 08/03/2010)
2010-08-03	65	0		FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 64 MOTION to Certify Class. Document filed by Oscar Garcia. (Rand, William) Modified on 8/4/2010 (db). (Entered: 08/03/2010)
2010-08-08	66	0		MOTION to Certify Class. Document filed by Oscar Garcia.(Rand, William) (Entered: 08/08/2010)
2010-08-08	67	0		DECLARATION of William Coudert Rand, Esq. in Support re: 66 MOTION to Certify Class.. Document filed by Oscar Garcia. (Rand, William) (Entered: 08/08/2010)
2010-08-08	68	0		DECLARATION of Plaintiff Oscar Garcia in Support re: 66 MOTION to Certify Class.. Document filed by Oscar Garcia. (Rand, William) (Entered: 08/08/2010)
2010-08-08	69	0		DECLARATION of Plaintiff Andre Zahariev in Support re: 66 MOTION to Certify Class.. Document filed by Oscar Garcia. (Rand, William) (Entered: 08/08/2010)
2010-08-08	70	0		DECLARATION of Plaintiff Rinat Khassanov in Support re: 66 MOTION to Certify Class.. Document filed by Oscar Garcia. (Rand, William) (Entered: 08/08/2010)
2010-08-08	71	0		DECLARATION of Plaintiff Krzysztof Garnek in Support re: 66 MOTION to Certify Class.. Document filed by Oscar Garcia. (Rand, William) (Entered: 08/08/2010)
2010-08-08	72	0		MEMORANDUM OF LAW in Support re: 66 MOTION to Certify Class.. Document filed by Oscar Garcia. (Rand, William) (Entered: 08/08/2010)
2010-08-13	73	0		MOTION for Summary Judgment. Document filed by Bernard Collins, Jean Denoyer, La Revise Associates LLC, Regis Marinier.(Weiner, Douglas) (Entered: 08/13/2010)
2010-08-13	74	0		MEMORANDUM OF LAW in Support re: 73 MOTION for Summary Judgment.. Document filed by Bernard Collins, Jean Denoyer, La Revise Associates LLC, Regis Marinier. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Weiner, Douglas) (Entered: 08/13/2010)
	74	1	Exhibit A
	74	2	Exhibit B
	74	3	Exhibit C
2010-08-13	75	0		AFFIDAVIT of Bernard Collin in Support re: 73 MOTION for Summary Judgment.. Document filed by Bernard Collins, Jean Denoyer, La Revise Associates LLC, Regis Marinier. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Weiner, Douglas) (Entered: 08/13/2010)
2010-08-13	76	0		DECLARATION of Douglas Weiner in Support re: 73 MOTION for Summary Judgment.. Document filed by Bernard Collins, Jean Denoyer, La Revise Associates LLC, Regis Marinier. (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)(Weiner, Douglas) (Entered: 08/13/2010)
2010-08-13	77	0		RULE 56.1 STATEMENT. Document filed by Bernard Collins, Jean Denoyer, La Revise Associates LLC, Regis Marinier. (Weiner, Douglas) (Entered: 08/13/2010)
2010-08-17	78	0		ORDER: It is hereby ordered that the above-referenced motion is hereby TERMINATED for purposes of the Court's docket, without prejudice to reinstatement upon application, upon notice to adverse parties and accompanied by the requisite certification; it is further ORDERED, that no response to the motion is required unless a reinstatement application is granted, in which case the time to respond of any adverse party will be calculated from the date of service of the order of reinstatement and in accordance with Local Civil Rule 6.1 of the United States District Court for the Southern District of New York. (Signed by Judge Laura Taylor Swain on 8/16/2010) (jpo) (Entered: 08/17/2010)
2010-08-19	79	0		MOTION for Summary Judgment. Document filed by Bernard Collins, Jean Denoyer, La Revise Associates LLC, Regis Marinier.(Weiner, Douglas) (Entered: 08/19/2010)
2010-08-19	80	0		MEMORANDUM OF LAW in Support re: 79 MOTION for Summary Judgment.. Document filed by Bernard Collins, Jean Denoyer, La Revise Associates LLC, Regis Marinier. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Weiner, Douglas) (Entered: 08/19/2010)
	80	1	Exhibit A
	80	2	Exhibit B
	80	3	Exhibit C
2010-08-19	81	0		AFFIDAVIT of Bernard Collin in Support re: 79 MOTION for Summary Judgment.. Document filed by Bernard Collins, Jean Denoyer, La Revise Associates LLC, Regis Marinier. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Weiner, Douglas) (Entered: 08/19/2010)
2010-08-19	82	0		DECLARATION of Douglas Weiner in Support re: 79 MOTION for Summary Judgment.. Document filed by Bernard Collins, Jean Denoyer, La Revise Associates LLC, Regis Marinier. (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)(Weiner, Douglas) (Entered: 08/19/2010)
2010-08-19	83	0		RULE 56.1 STATEMENT. Document filed by Bernard Collins, Jean Denoyer, La Revise Associates LLC, Regis Marinier. (Weiner, Douglas) (Entered: 08/19/2010)	2014-02-06 13:20:17	cf743800ff0c9b01e742443134b3ba86144c7f51
2010-09-14	84	0		MEMORANDUM OF LAW in Opposition re: 79 MOTION for Summary Judgment.. Document filed by Oscar Garcia. (Rand, William) (Entered: 09/14/2010)	2016-11-07 01:21:42	4a189af5ba96dc5d979986ed9aa2df0d74222040
2010-09-14	85	0		DECLARATION of William C. Rand in Opposition re: 79 MOTION for Summary Judgment.. Document filed by Oscar Garcia. (Attachments: # 1 Exhibit A: Tip Pool Interference, # 2 Exhibit B: Tip Shhets Showing Half Points Awarded, # 3 Exhibit C: Pooling Agreement and Tip Sheets of Garnek Showing not Paid 5 points, # 4 Exhibit D: Pooling Agreement and Tip Sheets Shwing Kassanov Not Piad 5 Points, # 5 Exhibit E: Spoliation Letters, # 6 Exhibit F: Plaintiffs Declarations, # 7 Exhibit G: Deposition Transcript of Oscar Garcia Part I, # 8 Exhibit G: Deposition Trasncript of Oscar Garcia Part 2, # 9 Exhibit H: Deposition Transcript of Krzystof Garnek, # 10 Exhibit I: Deposition Transcript of Rinat Khassanov Part I, # 11 Exhibit I: Deposition Transcript of Rinat Khassanov Part 2, # 12 Exhibit J: Deposition Transcript of Andrey Zahariev Part I, # 13 Exhibit J: Deposition Transcript of Andrey Zahariev Part 2, # 14 Exhibit K: Deposition Transcript of Bar Tender Joselin Ricardo - Pages 17-18, 62-63, # 15 Exhibit L: Deposition Transcript of Defendant Regis Marinier, # 16 Exhibit M: Deposition Transcript of Jean Denoyer)(Rand, William) (Entered: 09/14/2010)
2010-09-14	86	0		RULE 56.1 STATEMENT. Document filed by Oscar Garcia. (Rand, William) (Entered: 09/14/2010)
2010-09-14	87	0		DECLARATION of William C. Rand in Opposition re: 79 MOTION for Summary Judgment.. Document filed by Oscar Garcia. (Attachments: # 1 Exhibit G: Deposition Transcript of Oscar Garcia Part I (Correcting defective earlier filing), # 2 Exhibit Deposition of Rinat Khassanov Part 3 (mistakenly left out of prior filing))(Rand, William) (Entered: 09/14/2010)
2010-09-15	88	0		ENDORSED LETTER addressed to Judge Laura Taylor Swain from Douglas Weiner dated 9/13/10 re: In the event Defendants' motion for summary judgment is not granted in its entirety, Defendants will promptly respond to Plaintiffs' motion for class certification within 20 days of the Court's adjudication of Defendants' motion. ENDORSEMENT: The request is granted. The pending class certification motion is terminated without prejudice to restoration upon resolution of the summary judgment motion. SO ORDERED. Motions terminated: 66 MOTION to Certify Class filed by Oscar Garcia. (Signed by Judge Laura Taylor Swain on 9/15/10) (db) (Entered: 09/15/2010)
2010-09-27	89	0		REPLY AFFIDAVIT of Bernard Collin in Support re: 79 MOTION for Summary Judgment.. Document filed by Bernard Collins, Jean Denoyer, La Revise Associates LLC, Regis Marinier. (Attachments: # 1 Exhibit A)(Weiner, Douglas) (Entered: 09/27/2010)
2010-09-27	90	0		REPLY MEMORANDUM OF LAW in Support re: 79 MOTION for Summary Judgment.. Document filed by Bernard Collins, Jean Denoyer, La Revise Associates LLC, Regis Marinier. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Weiner, Douglas) (Entered: 09/27/2010)
	90	1	Exhibit A
	90	2	Exhibit B
	90	3	Exhibit C
2010-11-17	91	0		ENDORSED LETTER addressed to Judge Laura Taylor Swain from Douglas Weiner dated 11/17/2010 re: Counsel for the parties seek an adjournment of the pre-trial conference to spare the burden and expense to the litigants of preparing motions in limine, briefs and other submissions w/out knowing what issues will remain, if any, after the motion has been decided. Further, the adjournment will spare the Court the burden of receiving motion papers on issues that may well be moot. ENDORSEMENT: The final pretrial conference and related deadlines are adjourned sine die, pending resolution of the summary judgment motion. (Signed by Judge Laura Taylor Swain on 11/17/2010) (ae) (Entered: 11/17/2010)
2010-12-14	92	0		ORDER: In light of the pending motion for summary judgment, the pre-trial conference in the above-captioned matter, currently scheduled for Friday, December 17, 2010, is hereby rescheduled to Wednesday, February 2, 2011, at 12:30 p.m. (Signed by Judge Laura Taylor Swain on 12/10/2010) (jfe) (Entered: 12/14/2010)
2011-01-13	93	0		MEMORANDUM OPINION AND ORDER: #99846 For the foregoing reasons, Defendants' motion for summary judgment is granted in its entirety. This opinion and order resolves docket entry no. 79. The Clerk is requested to close this case. (Signed by Judge Laura Taylor Swain on 1/13/2011) (jfe) Modified on 1/18/2011 (ajc). (Entered: 01/13/2011)
2011-01-18	94	0		CLERK'S JUDGMENT That for the reasons stated in the Court's Memorandum Opinion and Order dated January 13, 2011, defendants' motion for summary judgment is granted in its entirety; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 1/18/11) (Attachments: # 1 notice of right to appeal)(ml) (Entered: 01/18/2011)