| Court: | nysd |
| Docket #: | 1:10-cv-07821 |
| Case Name: | Lacovara v. Hard Rock Cafe International (USA), Inc. et al |
| PACER case #: | 369567 |
| Date filed: | 2010-10-12 |
| Date terminated: | 2012-02-27 |
| Assigned to: | Judge P. Kevin Castel |
| Case Cause: | 28:1331 Fed. Question |
| Nature of Suit: | 790 Labor: Other |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Robert Lacovara Plaintiff on behalf of himself and all others similarly situated |
Adam T Klein Dana Gale Sussman Justin Mitchell Swartz Rachel Megan Bien |
| Hard Rock Cafe International (USA), Inc. Defendant |
Jerrold Foster Goldberg |
| Hard Rock Cafe International (STP), Inc. Defendant |
Jerrold Foster Goldberg |
| Melissa Quesinberry Plaintiff on behalf of themselves and all others similarly situated |
Adam T Klein Justin Mitchell Swartz Rachel Megan Bien |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2010-10-13 | 1 | 0 | COMPLAINT against Hard Rock Cafe International (STP), Inc., Hard Rock Cafe International (USA), Inc.. (Filing Fee $ 350.00, Receipt Number 917264)Document filed by Robert Lacovara.(rdz) (Entered: 10/14/2010) | |||
| 2010-10-18 | 2 | 0 | ORDER INITIAL PRETRIAL CONFERENCE: Initial Conference set for 12/15/2010 at 10:30 AM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. So Ordered (Signed by Judge P. Kevin Castel on 10/18/2010) (js) (Entered: 10/19/2010) | 2010-10-29 12:56:11 | 03cb7cd529567d2bfeffe15087750fc647f858e6 | |
| 2010-11-19 | 3 | 0 | SUMMONS RETURNED EXECUTED Summons and Complaint served. Hard Rock Cafe International (STP), Inc. served on 11/18/2010, answer due 12/9/2010. Service was accepted by Aixa Flores, Process Specialist. Document filed by Robert Lacovara. (Bien, Rachel) (Entered: 11/19/2010) | |||
| 2010-11-19 | 4 | 0 | SUMMONS RETURNED EXECUTED Summons and Complaint served. Hard Rock Cafe International (USA), Inc. served on 11/18/2010, answer due 12/9/2010. Service was accepted by Aixa Flores, Process Specialist. Document filed by Robert Lacovara. (Bien, Rachel) (Entered: 11/19/2010) | |||
| 2010-12-10 | 5 | 0 | ENDORSED LETTER addressed to Judge P. Kevin Castel from Jerrold Goldberg dated 12/9/2010 re: Requesting an adjournment of the preliminary conference currently scheduled for December 15, 2010. ENDORSEMENT: Initial conference is adjourned to January 14, 2011 at 10:45. (Signed by Judge P. Kevin Castel on 12/10/2010) (jpo) (Entered: 12/10/2010) | 2011-01-18 11:39:14 | e6c2df641d07f3e8706695ccdc6ae53ea7d37bac | |
| 2010-12-15 | 6 | 0 | STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED by and between undersigned counsel that the time for Defendants Hard Rock Cafe International (USA), Inc. and Hard Rock Cafe International (STP), Inc., to respond to the Class Action Complaint in the above-captioned action is hereby extended from December 9, 2010 to January 10, 2011. (Hard Rock Cafe International (STP), Inc. answer due 1/10/2011; Hard Rock Cafe International (USA), Inc. answer due 1/10/2011.) (Signed by Judge P. Kevin Castel on 12/14/10) (mro) (Entered: 12/15/2010) | |||
| 2011-01-11 | 7 | 0 | STIPULATION AND ORDER, that the time for Defendants Hard Rock Cafe International (USA), Inc. and Hard Rock Cafe International (STP), Inc. to respond to the Class Action Complaint in the above-captioned action is hereby extended from January 10, 2011 to January 21, 2011. (Signed by Judge P. Kevin Castel on 1/11/2011) (lnl) (Entered: 01/11/2011) | |||
| 2011-01-14 | 8 | 0 | CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. ยง 636(c), except as to discovery matters and motions. This case is not to be tried to a jury; Deposition due by 5/31/2011. Fact Discovery due by 9/15/2011. Case Management Conference set for 8/31/2011 at 10:30 AM before Judge P. Kevin Castel. (Signed by Judge Alvin K. Hellerstein on 1/14/11); (djc) (Entered: 01/14/2011) | |||
| 2011-01-24 | 9 | 0 | STIPULATION AND ORDER: it is hereby Stipulated and agreed that (1) Plaintiff shall file a First Amended Class Action Complaint on or before 1/28/11, and (2) Defendants Hard Rock Cafe International (USA), Inc. and Hard Rock Cafe International (STP), Inc:. shall answer or otherwise move with respect to the First Amended Class Action Complaint on or before 2/21/11. (Signed by Judge P. Kevin Castel on 1/21/2011) (jfe) (Entered: 01/24/2011) | |||
| 2011-01-28 | 10 | 0 | FIRST AMENDED COMPLAINT amending 1 Complaint against Hard Rock Cafe International (STP), Inc., Hard Rock Cafe International (USA), Inc. with JURY DEMAND.Document filed by Robert Lacovara, Melissa Quesinberry. Related document: 1 Complaint filed by Robert Lacovara.(mro) (mro). (Entered: 02/01/2011) | |||
| 2011-02-22 | 11 | 0 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Hard Rock Cafe International (USA), Inc. and Seminole Hard Rock Entertainment, Inc. as Corporate Parent. Document filed by Hard Rock Cafe International (STP), Inc., Hard Rock Cafe International (USA), Inc..(Goldberg, Jerrold) (Entered: 02/22/2011) | |||
| 2011-02-22 | 12 | 0 | ANSWER to Amended Complaint. Document filed by Hard Rock Cafe International (STP), Inc., Hard Rock Cafe International (USA), Inc.. Related document: 10 Amended Complaint, filed by Robert Lacovara, Melissa Quesinberry.(Goldberg, Jerrold) (Entered: 02/22/2011) | 2011-03-23 18:13:47 | f663fe058ba2ae014a47c69a94b713c78338619e | |
| 2011-06-01 | 13 | 0 | ENDORSED LETTER addressed to Judge P. Kevin Castel from Jonathan L. Sulds dated 5/24/2011 re: Requesting that this Court modify the Civil Case Management Plan and Scheduling Order by "so ordering" the parties' stipulation. ENDORSEMENT: The open ended schedule is rejected. The July 14, 2011 CMO/SO was a regrettable mistake. The notion that it would take until "mid-summer" to fully explore settlement is absurd. Application denied, except to the extent granted in Final Revised Scheduling Order. (Signed by Judge P. Kevin Castel on 6/1/2011) (jpo) (Entered: 06/01/2011) | |||
| 2011-06-01 | 14 | 0 | FINAL REVISED SCHEDULING ORDER: The Civil Case Management Plan and Scheduling Order be, and the same hereby is, modified as follows: a) All fact discovery shall be completed no later than August 31, 2011. Motions due by 7/29/2011. Discovery due by 10/28/2011. c) Paragraph 7 shall now read as follows: (a) All expert discovery shall be completed no later than October 28, 2011. Any motion for class certification or for collective action status will be deemed untimely unless filed by July 29, 2011. SO ORDERED. (Motions Deadline: 07/29/2011. Discovery Deadline: 10/28/2011) (Signed by Judge P. Kevin Castel on 5/31/2011) (lnl) (Entered: 06/02/2011) | |||
| 2011-06-02 | 15 | 0 | FINAL REVISED SCHEDULING ORDER: The Civil Case Management Plan and Scheduling Order be, and the same hereby is, modified as follows: a) All fact discovery shall be completed no later than August 31, 2011. Motions due by 7/29/2011. Discovery due by 10/28/2011. c) Paragraph 7 shall now read as follows: (a) All expert discovery shall be completed no later than October 28, 2011. Any motion for class certification or for collective action status will be deemed untimely unless filed by July 29, 2011. Conference adjourned from August 31 to September 16, 2011 at 12:30 pm. SO ORDERED. (Motions Deadline: 07/29/2011. Discovery Deadline: 10/28/2011) Pretrial Conference set for 9/16/2011 at 12:30 PM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 5/31/2011) (lnl) (Entered: 06/02/2011) | |||
| 2011-09-14 | 16 | 0 | ENDORSED LETTER addressed to Judge P Kevin Castel from Rachel Bien dated 9/14/11 re: Request to adjourn the 9/16/11 pretrial conference. ENDORSEMENT: Conference adjourned from 9/16 to 11/1/11 at 11:45 am. (Pretrial Conference reset for 11/1/2011 at 11:45 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 9/14/2011) (cd) (Entered: 09/14/2011) | 2011-09-23 12:51:19 | f049166dfca608a833de02882e49d32951c18764 | |
| 2011-10-13 | 17 | 0 | JOINT MOTION for Settlement Preliminary Approval of Settlement, Conditional Certification of the Settlement Class, Appointment of Plaintiffs' Counsel as Class Counsel, and Approval of the Proposed Notice of Settlement, and Class Action Settlement Procedure.. Document filed by Robert Lacovara, Melissa Quesinberry. (Attachments: # 1 Exhibit A)(Bien, Rachel) (Entered: 10/13/2011) | |||
| 2011-10-13 | 18 | 0 | MEMORANDUM OF LAW in Support re: 17 JOINT MOTION for Settlement Preliminary Approval of Settlement, Conditional Certification of the Settlement Class, Appointment of Plaintiffs' Counsel as Class Counsel, and Approval of the Proposed Notice of Settlement, and Class Action Settlemen. Document filed by Robert Lacovara, Melissa Quesinberry. (Bien, Rachel) (Entered: 10/13/2011) | |||
| 2011-10-13 | 19 | 0 | DECLARATION of Rachel Bien in Support re: 17 JOINT MOTION for Settlement Preliminary Approval of Settlement, Conditional Certification of the Settlement Class, Appointment of Plaintiffs' Counsel as Class Counsel, and Approval of the Proposed Notice of Settlement, and Class Action Settlemen. Document filed by Robert Lacovara, Melissa Quesinberry. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Bien, Rachel) (Entered: 10/13/2011) | |||
| 2011-10-21 | 20 | 0 | ORDER GRANTING JOINT MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT, CONDITIONAL CERTIFICATION OF THE SETTLEMENT CLASS, APPOINTMENT OF OUTTEN & GOLDEN LLP AS CLASS COUNSEL, AND APPROVAL OF THE PROPOSED NOTICE OF SETTLEMENT AND CLASS ACTION PROCEDURE granting 17 Motion for Settlement. The terms of the parties' Settlement Agreement are hereby conditionally approved, subject to further consideration thereof at the Final Approval Hearing provided for below. The Court finds that the Settlement is sufficiently within the range of reasonableness and that notice of the proposed settlement should be given as provided in this Order. A hearing on Final Approval of the Settlement is hereby scheduled to be held before this Court on January 13, 2012 at 3 P.M. in Courtroom 12C. (Signed by Judge P. Kevin Castel on 10/21/2011) (ft) (Entered: 10/21/2011) | |||
| 2011-11-01 | 21 | 0 | AMENDED ORDER GRANTlNG JOINT MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT, CONDITIONAL CERTIFICATION OF THE SETTLEMENT CLASS, APPOINTMENT OF OUTTEN & GOLDEN LLP AS CLASS COUNSEL, AND APPROVAL OF THE PROPOSED NOTICE OF SETTLEMENT AND CLASS ACTION PROCEDURE: 1. Section 13 of the Settlement Agreement is amended to include the following sentence at the end of the paragraph: "Settlement Class Members shall receive a minimum award of $25 (before taxes)." The Court believes that this modification is necessary to ensure that all Class Members receive meaningful consideration in exchange for releasing their claims.2. The Claims Administrator shall mail the Court-approved Notice of Settlement to Class members within 5 business days of this Order. (Signed by Judge P. Kevin Castel on 10/31/2011) (djc) (Entered: 11/01/2011) | |||
| 2011-12-22 | 22 | 0 | MOTION for Settlement NOTICE OF MOTION FOR CERTIFICATION OF THE SETTLEMENT CLASS AND FINAL APPROVAL OF CLASS ACTION SETTLEMENT. Document filed by Robert Lacovara, Melissa Quesinberry. (Attachments: # 1 Exhibit A)(Bien, Rachel) (Entered: 12/22/2011) | |||
| 2011-12-22 | 23 | 0 | MEMORANDUM OF LAW in Support re: 22 MOTION for Settlement NOTICE OF MOTION FOR CERTIFICATION OF THE SETTLEMENT CLASS AND FINAL APPROVAL OF CLASS ACTION SETTLEMENT.. Document filed by Robert Lacovara, Melissa Quesinberry. (Bien, Rachel) (Entered: 12/22/2011) | |||
| 2011-12-22 | 24 | 0 | DECLARATION of Rachel Bien in Support re: 22 MOTION for Settlement NOTICE OF MOTION FOR CERTIFICATION OF THE SETTLEMENT CLASS AND FINAL APPROVAL OF CLASS ACTION SETTLEMENT.. Document filed by Robert Lacovara, Melissa Quesinberry. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Bien, Rachel) (Entered: 12/22/2011) | |||
| 2011-12-22 | 25 | 0 | MOTION for Attorney Fees NOTICE OF PLAINTIFFS' UNOPPOSED MOTION FOR APPROVAL OF ATTORNEYS' FEES AND REIMBURSEMENT OF EXPENSES. Document filed by Robert Lacovara, Melissa Quesinberry.(Bien, Rachel) (Entered: 12/22/2011) | |||
| 2011-12-22 | 26 | 0 | MEMORANDUM OF LAW in Support re: 25 MOTION for Attorney Fees NOTICE OF PLAINTIFFS' UNOPPOSED MOTION FOR APPROVAL OF ATTORNEYS' FEES AND REIMBURSEMENT OF EXPENSES.. Document filed by Robert Lacovara, Melissa Quesinberry. (Bien, Rachel) (Entered: 12/22/2011) | |||
| 2011-12-22 | 27 | 0 | MOTION for Settlement NOTICE OF PLAINTIFFS' UNOPPOSED MOTION FOR APPROVAL OF CLASS REPRESENTATIVE SERVICE AWARDS. Document filed by Robert Lacovara, Melissa Quesinberry.(Bien, Rachel) (Entered: 12/22/2011) | |||
| 2011-12-22 | 28 | 0 | MEMORANDUM OF LAW in Support re: 27 MOTION for Settlement NOTICE OF PLAINTIFFS' UNOPPOSED MOTION FOR APPROVAL OF CLASS REPRESENTATIVE SERVICE AWARDS.. Document filed by Robert Lacovara, Melissa Quesinberry. (Bien, Rachel) (Entered: 12/22/2011) | |||
| 2011-12-22 | 29 | 0 | DECLARATION of Rachel Bien in Support re: 25 MOTION for Attorney Fees NOTICE OF PLAINTIFFS' UNOPPOSED MOTION FOR APPROVAL OF ATTORNEYS' FEES AND REIMBURSEMENT OF EXPENSES., 27 MOTION for Settlement NOTICE OF PLAINTIFFS' UNOPPOSED MOTION FOR APPROVAL OF CLASS REPRESENTATIVE SERVICE AWARDS.. Document filed by Robert Lacovara, Melissa Quesinberry. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Bien, Rachel) (Entered: 12/22/2011) | |||
| 29 | 1 | Exhibit A | ||||
| 29 | 2 | Exhibit B | ||||
| 29 | 3 | Exhibit C | ||||
| 29 | 4 | Exhibit D | ||||
| 29 | 5 | Exhibit E | ||||
| 2012-02-24 | 30 | 0 | MEMORANDUM AND ORDER: Upon reconsideration, the Court adheres to its prior rulings announced at the conclusion of the settlement approval hearing of February 17, 2012. (Signed by Judge P. Kevin Castel on 2/24/2012) (djc) (Entered: 02/24/2012) | 2012-02-25 11:25:20 | 7a803f463261ceface3b468630d6cf7f95871c5b | |
| 2012-02-27 | 31 | 0 | FINAL JUDGMENT settling action. (Signed by Judge P. Kevin Castel on 2/27/12) (Attachments: # 1 motice of right to appeal)(ml) (Entered: 02/27/2012) | |||
| 2013-01-09 | 32 | 0 | TRANSCRIPT of Proceedings re: CONFERENCE held on 2/17/2012 before Judge P. Kevin Castel. Court Reporter/Transcriber: Linda Fisher, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/4/2013. Redacted Transcript Deadline set for 2/14/2013. Release of Transcript Restriction set for 4/12/2013.(Rodriguez, Somari) (Entered: 01/09/2013) | |||
| 2013-01-09 | 33 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/17/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 01/09/2013) |