Case details

Court: nysd
Docket #: 1:11-cv-01531
Case Name: Flores et al v. Anjost Corp. et al
PACER case #: 376111
Date filed: 2011-03-07
Assigned to: Judge Analisa Torres
Case Cause: 29:201 Fair Labor Standards Act
Nature of Suit: 710 Labor: Fair Standards
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Enrique Hernandez
Plaintiff
on behalf of himself and others similarly situated
Robert Louis Kraselnik
Law Offices of Robert L. Kraselnik, PLLC 271 Madison Ave Ste 1403 New York, NY 10016 (212) 576-1857 Fax: (212) 576-1888 Email: robert@kraselnik.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

C.K. Lee
Lee Litigation Group, PLLC 30 East 39th Street 2nd Floor New York, NY 10016 (212) 465-1188 Fax: (212) 465-1181 Email: cklee@leelitigation.com
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
ATTORNEY TO BE NOTICED

Michael Joseph Scimone
Outten & Golden,LLP (NYC) 3 Park Avenue, 29th Floor New York, NY 10016 (646)-825-9806 Fax: (646)-509-2055 Email: mscimone@outtengolden.com
ATTORNEY TO BE NOTICED

Alejandro Jimenez
Plaintiff
C.K. Lee
(See above for address)
ATTORNEY TO BE NOTICED

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

Michael Joseph Scimone
(See above for address)
ATTORNEY TO BE NOTICED

Pedro Alvarado
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mohamed Abdul Qadir
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ismael Martinez
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Hector Aguilar
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Javier Sosa-Mulato
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Juan Tenorio
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Natasha Williams
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jose Antonio Bautista
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Vicente Hernandez
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Minu Akter
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mohammed Karim Munna
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph Ramirez
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Donald P. White
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Hector Gomez
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joana Marie S. Ordona
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph A. Noelfils
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nfn Dasrat
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Shahana Huq
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Chandrawatty Singh
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jaime P. Ordona
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Josephine Abruzzese
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Balram Budhram
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Olumachukwu Agwa
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Paritosh Saha
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mariama Balde
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Shamsun N. Chowdhury
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Felix Quinones
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Babette Evangelista
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Francisco Daniel Flores
Plaintiff
Robert Louis Kraselnik
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

C.K. Lee
(See above for address)
ATTORNEY TO BE NOTICED

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

Michael Joseph Scimone
(See above for address)
ATTORNEY TO BE NOTICED

Constantino Fernandez Hernandez
Plaintiff
Robert Louis Kraselnik
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

C.K. Lee
(See above for address)
ATTORNEY TO BE NOTICED

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

Michael Joseph Scimone
(See above for address)
ATTORNEY TO BE NOTICED

Valeriano Fernando Salvador
Plaintiff
Robert Louis Kraselnik
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

C.K. Lee
(See above for address)
ATTORNEY TO BE NOTICED

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

Michael Joseph Scimone
(See above for address)
ATTORNEY TO BE NOTICED

Anjost Corp.
Defendant
doing business asZaro's Bakery
Kristine A. Sova
Venable LLP (NYC) 1270 Ave of the Americas New York, NY 10020 (212) 307-5500 Fax: (212) 307-5598 Email: kasova@venable.com
TERMINATED: 10/09/2012 LEAD ATTORNEY

Michael J. Volpe
Venable LLP (NYC) 1270 Ave of the Americas New York, NY 10020 (212)307-5500 x808-5676 Fax: (212)307-5598 Email: mvolpe@venable.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Adam Gordon Possidente
Venable LLP (NYC) 1270 Ave of the Americas New York, NY 10020 (212)-370-6282 Fax: (212)-307-5598 Email: agpossidente@venable.com
ATTORNEY TO BE NOTICED

Megan Hope Mann
Venable LLP (NYC) 1270 Ave of the Americas New York, NY 10020 (212)-307-5500 Fax: (212)-307-5598 Email: mhmann@venable.com
ATTORNEY TO BE NOTICED

Stuart D. Zaro
Defendant
Kristine A. Sova
(See above for address)
TERMINATED: 10/09/2012 LEAD ATTORNEY

Michael J. Volpe
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Adam Gordon Possidente
(See above for address)
ATTORNEY TO BE NOTICED

Megan Hope Mann
(See above for address)
ATTORNEY TO BE NOTICED

Joseph Zaro
Defendant
Michael J. Volpe
(See above for address)
ATTORNEY TO BE NOTICED

Toni Charlton
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Pedro H. Cruz Perez
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mona Rana
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Franklin Laines
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Zakir Talukder
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Shyamal Baran Das
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Marleny Ortiz
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Hamerton Mathieu
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Issa Diba
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Farida Yeasmin
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Adama Kamate
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rahima Khanam
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Dalia Rahman
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Diamon Armstrong
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Chandra Corraya
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Estela Garcia
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jolly Chowdhury
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph Wright
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Diego Restrepo G.
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Luis Parraga
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Md T. Ali
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Silvio Diaz
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mohammad Bhuiyan
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Harvy Gonzalez
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Edgar Benito Peralta
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Barry Greenberg
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Frances Major
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Choti Sherpa
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sony Sherpa
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sherley Louis-Jean
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Luckner Louis
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Tarrell Jordan
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rabaya Ahmed
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nur U Moznu
Plaintiff
C.K. Lee
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2011-03-07 1 0 COMPLAINT against Anjost Corp., Stuart D. Zaro. (Filing Fee $ 350.00, Receipt Number 931130)Document filed by Constantino Fernandez Hernandez, Francisco Daniel Flores, Enrique Hernandez, Valeriano Fernando Salvador.(ama) (ama). (Entered: 03/08/2011)
2011-03-11 2 0 ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: If a conforming case management plan is timely submitted, the parties need not appear for an initial conference, unless there is a motion pending (see Paragraph 4). If the parties fail to agree upon such a plan or fail to submit the plan to the Court within the time provided (thirty days from the date of this order), the parties must appear for a conference on 5/13/2011 in courtroom 14C, 500 Pearl Street, New York, New York 10007 at 10:30 a.m. Initial Conference set for 5/13/2011 at 10:30 AM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 3/11/11) (lnl) (Entered: 03/11/2011)
2011-03-25 3 0 SUMMONS RETURNED EXECUTED. Anjost Corp. served on 3/22/2011, answer due 4/12/2011. Service was accepted by Donna Christie, Law Clerk. Document filed by Constantino Fernandez Hernandez; Francisco Daniel Flores; Enrique Hernandez; Valeriano Fernando Salvador. (Kraselnik, Robert) (Entered: 03/25/2011)
2011-03-28 4 0 SUMMONS RETURNED EXECUTED. Stuart D. Zaro served on 3/24/2011, answer due 4/14/2011. Service was accepted by Michael Zaro. Document filed by Constantino Fernandez Hernandez; Francisco Daniel Flores; Enrique Hernandez; Valeriano Fernando Salvador. (Kraselnik, Robert) (Entered: 03/28/2011)
2011-04-08 5 0 STIPULATION: It is hereby stipulated and agreed by and between the parties that the time for Defendants to answer or move to the Class and Collective Action Complaint, is extended to May 9, 2011. (Signed by Judge Colleen McMahon on 4/8/2011) (jpo) (Entered: 04/08/2011)
2011-04-08 6 0 ENDORSED LETTER addressed to Judge Colleen McMahon from Michael J. Volpe dated 4/7/2011 re: Requesting an extension of time until May 9, 2011 to answer or otherwise respond to the Class and Collective Action Complaint. ENDORSEMENT: Ok. (Signed by Judge Colleen McMahon on 2/8/2011) (jpo) (Entered: 04/08/2011)
2011-05-09 7 0 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Anjost Corp., Stuart D. Zaro.(Sova, Kristine) (Entered: 05/09/2011)
2011-05-09 8 0 NOTICE OF APPEARANCE by Kristine A. Sova on behalf of Anjost Corp., Stuart D. Zaro (Sova, Kristine) (Entered: 05/09/2011)
2011-05-09 9 0 NOTICE OF APPEARANCE by Michael J. Volpe on behalf of Anjost Corp., Stuart D. Zaro (Volpe, Michael) (Entered: 05/09/2011)
2011-05-09 10 0 ANSWER to Complaint. Document filed by Anjost Corp., Stuart D. Zaro.(Sova, Kristine) (Entered: 05/09/2011)
2011-05-12 11 0 CIVIL CASE MANAGEMENT PLAN: This case is to be tried to a jury. Amended Pleadings due by 9/30/2011. Joinder of Parties due by 11/15/2011. Deposition due by 7/29/2011. Discovery due by 12/30/2011. Discovery disputes in this case will be resolved by the assigned Magistrate Judge who is Andrew J. Peck. Joint Pretrial Order due by 2/13/2012. (Signed by Judge Colleen McMahon on 5/11/11) (rjm) (Entered: 05/12/2011)
2011-06-24 12 0 CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Francisco Daniel Flores, Constantino Fernandez Hernandez, Enrique Hernandez, Valeriano Fernando Salvador.(Kraselnik, Robert) (Entered: 06/24/2011)
2011-06-27 13 0 CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Constantino Fernandez Hernandez.(Kraselnik, Robert) (Entered: 06/27/2011)
2011-06-27 14 0 CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Enrique Hernandez.(Kraselnik, Robert) (Entered: 06/27/2011)
2011-06-27 15 0 CONSENT TO SUE UNDER THE F.L.S.A. Document filed by Francisco Daniel Flores.(Kraselnik, Robert) (Entered: 06/27/2011)
2011-06-28 16 0 NOTICE OF APPEARANCE by Adam Gordon Possidente on behalf of Anjost Corp., Stuart D. Zaro (Possidente, Adam) (Entered: 06/28/2011)
2011-07-07 17 0 ENDORSED LETTER addressed to Judge Colleen McMahon from Kristine A. Sova dated 7/6/2011 re: Counsel for the Defendants writes to request that the deadline for Plaintiff's depositions be extended from 7/29/2011 to 9/16/2011. ENDORSEMENT: OK. (Deposition due by 9/16/2011.) (Signed by Judge Colleen McMahon on 7/7/2011) (ab) (Entered: 07/07/2011)
2011-08-31 18 0 ENDORSED LETTER addressed to Judge Colleen McMahon from C.K. Lee dated 8/31/2011 re: Counsel for the Plaintiffs writes to request that the Court grant the Defendants leave to take depositions of Plaintiffs no later than 10/14/2011. ENDORSEMENT: Request granted. (Deposition due by 10/14/2011.) (Signed by Judge Colleen McMahon on 8/31/2011) (ab) (Entered: 08/31/2011)
2011-09-30 19 0 AMENDED COMPLAINT against Anjost Corp., Stuart D. Zaro with JURY DEMAND. Document filed by Alejandro Jimenez, Constantino Fernandez Hernandez, Francisco Daniel Flores, Enrique Hernandez, Valeriano Fernando Salvador.(ft) (Entered: 09/30/2011)
2011-10-06 20 0 MOTION to Certify Class. Document filed by Francisco Daniel Flores, Constantino Fernandez Hernandez, Enrique Hernandez, Alejandro Jimenez, Valeriano Fernando Salvador.(Lee, C.K.) (Entered: 10/06/2011)
2011-10-06 21 0 MEMORANDUM OF LAW in Support re: 20 MOTION to Certify Class.. Document filed by Francisco Daniel Flores, Constantino Fernandez Hernandez, Enrique Hernandez, Alejandro Jimenez, Valeriano Fernando Salvador. (Lee, C.K.) (Entered: 10/06/2011)
2011-10-06 22 0 DECLARATION of C.K. Lee in Support re: 20 MOTION to Certify Class.. Document filed by Francisco Daniel Flores, Constantino Fernandez Hernandez, Enrique Hernandez, Alejandro Jimenez, Valeriano Fernando Salvador. (Attachments: # 1 Exhibit 1)(Lee, C.K.) (Entered: 10/06/2011)
2011-10-06 23 0 DECLARATION of Francisco Flores in Support re: 20 MOTION to Certify Class.. Document filed by Francisco Daniel Flores. (Lee, C.K.) (Entered: 10/06/2011)
2011-10-06 24 0 DECLARATION of Constantino Hernandez in Support re: 20 MOTION to Certify Class.. Document filed by Constantino Fernandez Hernandez. (Lee, C.K.) (Entered: 10/06/2011)
2011-10-06 25 0 DECLARATION of Enrique Hernandez in Support re: 20 MOTION to Certify Class.. Document filed by Enrique Hernandez. (Lee, C.K.) (Entered: 10/06/2011)
2011-10-06 26 0 DECLARATION of Alejandro Jimenez in Support re: 20 MOTION to Certify Class.. Document filed by Alejandro Jimenez. (Lee, C.K.) (Entered: 10/06/2011)
2011-10-06 27 0 DECLARATION of Valeriano Salvador in Support re: 20 MOTION to Certify Class.. Document filed by Valeriano Fernando Salvador. (Lee, C.K.) (Entered: 10/06/2011)
2011-10-12 28 0 ENDORSED LETTER addressed to Judge Colleen McMahon from C.K. Lee dated 9/29/2011 re: Counsel for the Plaintiffs writes, with consent of the Defendant, to request leave to amend the Complaint. ENDORSEMENT: Then file it. (Signed by Judge Colleen McMahon on 10/11/2011) (ab) (Entered: 10/12/2011)
2011-10-12 29 0 ENDORSED LETTER addressed to Judge Colleen McMahon from Michael J. Volpe dated 10/11/2011 re: We write this letter on behalf of and with the consent of all parties, to respectfully request that the deadline for Defendants' response to Plaintiffs' Motion for Conditional Collective Certification be extended from the current date of October 20, 2011 to November 3, 2011; and additionally, to extend Plaintiffs' reply time for same to November 21, 2011. ENDORSEMENT: OK-no further extensions will be allowed. ( Responses due by 11/3/2011. Replies due by 11/21/2011.) (Signed by Judge Colleen McMahon on 10/12/2011) (lmb) (Entered: 10/12/2011)
2011-10-13 30 0 ANSWER to 19 Amended Complaint. Document filed by Anjost Corp., Stuart D. Zaro.(Volpe, Michael) (Entered: 10/13/2011)
2011-10-20 31 0 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute. Referred to Magistrate Judge Andrew J. Peck. (Signed by Judge Colleen McMahon on 10/20/2011) (jfe) (Additional attachment(s) added on 10/28/2011: # 1 order) (mde). (Entered: 10/20/2011)
2011-10-24 32 0 NOTICE OF APPEARANCE by Megan Hope Mann on behalf of Anjost Corp., Stuart D. Zaro (Mann, Megan) (Entered: 10/24/2011)
2011-11-01 33 0 MEMO ENDORSEMENT on re: 20 Motion to Certify Class. ENDORSEMENT: 1. On defendants' consent, conditional collective action status is GRANTED. (See 10/26/11 Conf. Transcript.) The motion (Dkt. No. 20) is therefore GRANTED. 2. Counsel are to consult and submit a proposed notice, by 11/4. (Signed by Magistrate Judge Andrew J. Peck on 11/1/2011) Copies Faxed By Chambers. (jfe) (Entered: 11/01/2011)
2011-11-03 34 0 ENDORSED LETTER addressed to Judge Colleen McMahon from C.K. Lee, Esq. dated 11/3/2011 re: Counsel for the plaintiff writes to inform the Court that the parties have agreed to the following briefing schedule with respect to Plaintiffs' Rule 23 motion: 1/16/2012 - Plaintiffs' initiating motion, 2/16/2012 - Defendants' opposition, 3/1/2012 - Plaintiffs' reply, 15 days after the Court's order regarding the motion - submit form of notice to Court, 15 days after Court's approval of form of notice - mail notice to class/collective members. ENDORSEMENT: Conference case next week. 11/10/11 @ 9:45 am. (Status Conference set for 11/10/2011 at 09:45 AM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 11/3/2011) (ft) (Entered: 11/04/2011)
2011-11-16 35 0 TRANSCRIPT of Proceedings re: Conference held on 10/26/2011 before Magistrate Judge Andrew J. Peck. Court Reporter/Transcriber: Alena Lynch, (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 12/12/2011. Redacted Transcript Deadline set for 12/22/2011. Release of Transcript Restriction set for 2/17/2012.(McGuirk, Kelly) (Entered: 11/16/2011)
2011-11-16 36 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 10/26/11 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...(McGuirk, Kelly) (Entered: 11/16/2011)
2011-11-22 37 0 ENDORSED LETTER addressed to Judge Colleen McMahon from C.K. Lee dated 11/21/2011 re: We are counsel to Plaintiffs. We respectfully request leave to amend the Complaint. ENDORSEMENT: Make a motion. Do not send me a letter. (Signed by Judge Colleen McMahon on 11/22/2011) (rjm) (Entered: 11/22/2011)
2011-11-30 38 0 NOTICE of Plaintiffs' Motion to Amend the First Amended Complaint re: 19 Amended Complaint. Document filed by Francisco Daniel Flores, Constantino Fernandez Hernandez, Enrique Hernandez, Alejandro Jimenez, Valeriano Fernando Salvador. (Lee, C.K.) (Entered: 11/30/2011)
2011-11-30 39 0 MOTION to Amend/Correct 19 Amended Complaint. Document filed by Francisco Daniel Flores, Constantino Fernandez Hernandez, Enrique Hernandez, Alejandro Jimenez, Valeriano Fernando Salvador.(Lee, C.K.) (Entered: 11/30/2011)
2011-11-30 40 0 MEMORANDUM OF LAW in Support re: 39 MOTION to Amend/Correct 19 Amended Complaint.. Document filed by Francisco Daniel Flores, Constantino Fernandez Hernandez, Enrique Hernandez, Alejandro Jimenez, Valeriano Fernando Salvador. (Lee, C.K.) (Entered: 11/30/2011)
2011-11-30 41 0 AFFIDAVIT of C.K. Lee, Esq. in Support re: 39 MOTION to Amend/Correct 19 Amended Complaint.. Document filed by Francisco Daniel Flores, Constantino Fernandez Hernandez, Enrique Hernandez, Alejandro Jimenez, Valeriano Fernando Salvador. (Lee, C.K.) (Entered: 11/30/2011)
2011-12-14 42 0 MEMORANDUM OF LAW in Opposition re: 39 MOTION to Amend/Correct 19 Amended Complaint.. Document filed by Anjost Corp., Stuart D. Zaro. (Volpe, Michael) (Entered: 12/14/2011)
2011-12-14 43 0 DECLARATION of Megan H. Mann in Opposition re: 39 MOTION to Amend/Correct 19 Amended Complaint.. Document filed by Anjost Corp., Stuart D. Zaro. (Attachments: # 1 Exhibit 1 (Sched. Order), # 2 Exhibit 2 (10.18.11 Email), # 3 Exhibit 3 (Court Trans.), # 4 Exhibit 4 (7.13.11 Email), # 5 Exhibit 5 (E. Hernandez Trans.), # 6 Exhibit 6 (C. Hernandez Trans.), # 7 Exhibit 7 (V. Salvador Trans.), # 8 Exhibit 8 (10.26.11 Email))(Volpe, Michael) (Entered: 12/14/2011)
2011-12-19 44 0 ENDORSED LETTER addressed to Judge Colleen McMahon from C.K. Lee dated 12/16/2011 re: We are counsel to Plaintiffs. We are writing Your Honor to respectfully request that the deadline for Plaintiffs' Reply to Defendants' Opposition to Plaintiffs' Motion to Amend Complaint be extended to January 16, 2012. ENDORSEMENT: OK. (Replies due by 1/16/2012.) (Signed by Judge Colleen McMahon on 12/19/2011) (rjm) (Entered: 12/19/2011)
2011-12-23 45 0 CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Valeriano Fernando Salvador.(Lee, C.K.) (Entered: 12/23/2011)
2012-01-05 46 0 REPLY MEMORANDUM OF LAW in Support re: 39 MOTION to Amend/Correct 19 Amended Complaint.. Document filed by Francisco Daniel Flores, Constantino Fernandez Hernandez, Enrique Hernandez, Alejandro Jimenez, Valeriano Fernando Salvador. (Lee, C.K.) (Entered: 01/05/2012)
2012-01-05 47 0 REPLY AFFIDAVIT of C.K. Lee in Support re: 39 MOTION to Amend/Correct 19 Amended Complaint.. Document filed by Francisco Daniel Flores, Constantino Fernandez Hernandez, Enrique Hernandez, Alejandro Jimenez, Valeriano Fernando Salvador. (Lee, C.K.) (Entered: 01/05/2012)
2012-01-12 48 0 MOTION to Certify Class. Document filed by Francisco Daniel Flores, Constantino Fernandez Hernandez, Enrique Hernandez, Alejandro Jimenez, Valeriano Fernando Salvador.(Lee, C.K.) (Entered: 01/12/2012)
2012-01-12 49 0 MEMORANDUM OF LAW in Support re: 48 MOTION to Certify Class.. Document filed by Francisco Daniel Flores, Constantino Fernandez Hernandez, Enrique Hernandez, Alejandro Jimenez, Valeriano Fernando Salvador. (Lee, C.K.) (Entered: 01/12/2012)
2012-01-12 50 0 DECLARATION of C.K. Lee in Support re: 48 MOTION to Certify Class.. Document filed by Francisco Daniel Flores, Constantino Fernandez Hernandez, Enrique Hernandez, Alejandro Jimenez, Valeriano Fernando Salvador. (Attachments: # 1 Exhibit A)(Lee, C.K.) (Entered: 01/12/2012)
2012-01-12 51 0 DECLARATION of FRANCISCO DANIEL FLORES in Support re: 48 MOTION to Certify Class.. Document filed by Francisco Daniel Flores. (Lee, C.K.) (Entered: 01/12/2012)
2012-01-12 52 0 DECLARATION of CONSTANTINO FERNANDEZ HERNANDEZ in Support re: 48 MOTION to Certify Class.. Document filed by Constantino Fernandez Hernandez. (Lee, C.K.) (Entered: 01/12/2012)
2012-01-12 53 0 DECLARATION of ENRIQUE HERNANDEZ in Support re: 48 MOTION to Certify Class.. Document filed by Enrique Hernandez. (Lee, C.K.) (Entered: 01/12/2012)
2012-01-12 54 0 DECLARATION of ALEJANDRO JIMENEZ in Support re: 48 MOTION to Certify Class.. Document filed by Alejandro Jimenez. (Lee, C.K.) (Entered: 01/12/2012)
2012-01-12 55 0 DECLARATION of VALERIANO FERNANDO SALVADOR in Support re: 48 MOTION to Certify Class.. Document filed by Valeriano Fernando Salvador. (Lee, C.K.) (Entered: 01/12/2012)
2012-01-23 56 0 ENDORSED LETTER addressed to Judge Colleen McMahon from Michael J. Volpe dated 1/20/2012 re: Counsel for the defendants request to have the "Motion for Class Certification Pursuant to Fed. R. Civ. P. 23" withdrawn or held in abeyance until and after the Court decides Plaintiffs' Motion to Amend the First Amended Complaint or the parties reach a settlement. ENDORSEMENT: Respond to the motion. (Signed by Judge Colleen McMahon on 1/23/2012) (ft) (Entered: 01/23/2012)
2012-01-26 57 0 MEMO ENDORSED granting 39 Motion to Amend/Correct. ENDORSEMENT: Motion Granted. so Ordered. (Signed by Judge Colleen McMahon on 1/26/2012) (js) (Entered: 01/26/2012)
2012-01-30 58 0 SECOND AMENDED CLASS AND COLLECTIVE ACTION COMPLAINT against Anjost Corp., Stuart D. Zaro, Joseph Zaro with JURY DEMAND. Document filed by Alejandro Jimenez, Constantino Fernandez Hernandez, Francisco Daniel Flores, Enrique Hernandez, Valeriano Fernando Salvador.(ft) (rdz). (Entered: 01/31/2012)
2012-02-01 59 0 WAIVER OF SERVICE RETURNED EXECUTED. All Defendants. Document filed by Alejandro Jimenez, Constantino Fernandez Hernandez, Francisco Daniel Flores, Enrique Hernandez, Valeriano Fernando Salvador. (Lee, C.K.) (Entered: 02/01/2012)
2012-02-02 60 0 ENDORSED LETTER addressed to Judge Colleen McMahon from Michael J. Volpe dated 2/1/12 re: Counsel requests that the deadline for defendants' opposition to the motion for class certification be extended from 2/16/12 to 3/16/12 and plaintiffs' reply be extended to 4/16/12. ENDORSEMENT: So ordered. Set Deadlines/Hearing as to 48 MOTION to Certify Class :( Responses due by 3/16/2012, Replies due by 4/16/2012.) (Signed by Judge Colleen McMahon on 2/2/2012) (mro) (Entered: 02/02/2012)
2012-02-09 61 0 ANSWER to 58 Amended Complaint,. Document filed by Anjost Corp., Joseph Zaro, Stuart D. Zaro.(Volpe, Michael) (Entered: 02/09/2012)
2012-03-16 62 0 DECLARATION of Michael J. Volpe in Opposition re: 48 MOTION to Certify Class.. Document filed by Anjost Corp., Joseph Zaro, Stuart D. Zaro. (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)(Volpe, Michael) (Entered: 03/16/2012)
2012-03-16 63 0 MEMORANDUM OF LAW in Opposition re: 48 MOTION to Certify Class.. Document filed by Anjost Corp., Joseph Zaro, Stuart D. Zaro. (Volpe, Michael) (Entered: 03/16/2012) 2013-05-13 12:24:22 31cc3228ca88b548aad6c46cc04e664fae1396f3
2012-04-04 64 0 ENDORSED LETTER addressed to Judge Colleen McMahon from C.K. Lee dated 4/2/2012 re: Request for page number extension to Plaintiffs' Reply. ENDORSEMENT: You can have 15. (Signed by Judge Colleen McMahon on 4/4/2012) (rjm) (Entered: 04/04/2012)
2012-04-05 65 0 ENDORSED LETTER addressed to Judge Collen McMahon from Michael J. Volpe dated 3/2/2012 re: Counsel writes this letter to update the Court the Court on the status of settlement efforts in this matter and to respectfully request a settlement conference with the Court. ENDORSEMENT: Obviously plaintiff does not wish to settle. Therefore, please litigate and get back on schedule. (Signed by Judge Colleen McMahon on 4/4/2012) (jfe) (Entered: 04/05/2012)
2012-04-09 66 0 ENDORSED LETTER addressed to Judge Colleen McMahon from C.K. Lee dated 4/5/2012 re: We are opposed to a settlement conference. ENDORSEMENT: As I said, you should litigate now. (Signed by Judge Colleen McMahon on 4/9/2012) (cd) (Entered: 04/09/2012)
2012-04-16 67 0 REPLY MEMORANDUM OF LAW in Support re: 48 MOTION to Certify Class.. Document filed by Francisco Daniel Flores, Constantino Fernandez Hernandez, Enrique Hernandez, Alejandro Jimenez, Valeriano Fernando Salvador. (Lee, C.K.) (Entered: 04/16/2012)
2012-04-16 68 0 DECLARATION of C.K. Lee in Support re: 48 MOTION to Certify Class.. Document filed by Francisco Daniel Flores, Constantino Fernandez Hernandez, Enrique Hernandez, Alejandro Jimenez, Valeriano Fernando Salvador. (Lee, C.K.) (Entered: 04/16/2012)
2012-05-31 69 0 NOTICE OF CHANGE OF ADDRESS by C.K. Lee on behalf of All Plaintiffs. New Address: Lee Litigation Group, PLLC, 30 E. 39th Street, Second Floor, New York, NY, USA 10016, 212-465-1188. (Lee, C.K.) (Entered: 05/31/2012)
2012-06-19 70 0 DECISION AND ORDER GRANTING (IN MODIFIED FORM) PLAINTIFFS' MOTION FOR CLASS CERTIFICATION granting 48 Motion to Certify Class. For the foregoing reasons, Plaintiffs' motion to certify the class action is granted as to the following classes: 1. The Tipped Employee Class: this class consists of all delivery persons for their minimum and overtime wage, payroll practices (e.g., delayed tip payments), and improper tip-sharing claims from March 7, 2005 until the present; 2. The Spread of Hours and Wage Statement Class: this class consists of all current and former non-exempt employees (including delivery persons) for the wage statement and spread of hours claims from March 7, 2005 until the present; and 3. The Uniform Claims Class: this class consists of all current and former delivery and retail employees for the uniform claims from March 7, 2005 until the present. Plaintiffs' request for the Court to authorize their proposed form of notice is denied. The parties are to submit a jointly proposed notice shall be submitted within 30 days of the date of this Order. If the parties cannot come to an agreement, they are to submit competing proposed notices. The Defendants are ordered to disclose to the Plaintiffs the names, last known addresses, alternate addresses, all telephone numbers, positions and dates of employment of all members of the three classes by 30 days from the date of this Order. The Clerk is instructed to remove the motions at ECF No. 48 from the Court's list of open motions. (Signed by Judge Colleen McMahon on 6/19/2012) (mro) (Entered: 06/19/2012)
2012-07-10 71 0 NOTICE OF CASE REASSIGNMENT to Judge Ronnie Abrams. Judge Colleen McMahon is no longer assigned to the case. (pgu) Modified on 8/15/2012 (gp). (Entered: 07/10/2012)
2012-07-24 72 0 MOTION for Partial Summary Judgment. Document filed by Francisco Daniel Flores, Constantino Fernandez Hernandez, Enrique Hernandez, Alejandro Jimenez, Valeriano Fernando Salvador.(Lee, C.K.) (Entered: 07/24/2012)
2012-07-24 73 0 DECLARATION of C.K. Lee, Esq. in Support re: 72 MOTION for Partial Summary Judgment.. Document filed by Francisco Daniel Flores, Constantino Fernandez Hernandez, Enrique Hernandez, Alejandro Jimenez, Valeriano Fernando Salvador. (Lee, C.K.) (Entered: 07/24/2012)
2012-07-24 74 0 MEMORANDUM OF LAW in Support re: 72 MOTION for Partial Summary Judgment.. Document filed by Francisco Daniel Flores, Constantino Fernandez Hernandez, Enrique Hernandez, Alejandro Jimenez, Valeriano Fernando Salvador. (Attachments: # 1 Exhibit)(Lee, C.K.) (Entered: 07/24/2012)
2012-07-24 75 0 RULE 56.1 STATEMENT. Document filed by Francisco Daniel Flores, Constantino Fernandez Hernandez, Enrique Hernandez, Alejandro Jimenez, Valeriano Fernando Salvador. (Attachments: # 1 Exhibit)(Lee, C.K.) (Entered: 07/24/2012)
2012-08-03 76 0 ENDORSED LETTER addressed to Judge Ronnie Abrams from Adam G. Possidente dated 7/31/2012 re: We write this letter on behalf of all parties to respectfully request that the deadline for Defendants' opposition to Plaintiffs' Motion for Partial Summary Judgment be extended from the current date of August 7, 2012 to September 7, 2012. ENDORSEMENT: Application granted. So ordered. (Responses due by 9/7/2012) (Signed by Judge Ronnie Abrams on 8/3/2012) (rjm) (Entered: 08/06/2012)
2012-08-09 77 0 ENDORSED LETTER addressed to Judge Ronnie Abrams, from C.K. Lee, dated 7/31/2012, re: request that this matter be referred to the Hon. Andrew J. Peck for a settlement conference. ENDORSEMENT: Application granted. (Signed by Judge Ronnie Abrams on 8/9/2012) (ja) (Entered: 08/10/2012)
2012-08-09 79 0 ORDER: that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Andrew J. Peck. (Signed by Judge Ronnie Abrams on 8/9/2012) (ja) (Entered: 08/10/2012)
2012-08-13 80 0 ORDER FOR SETTLEMENT CONFERENCE: A settlement conference is scheduled for August 20, 2012 at 10:30 a.m. before Magistrate Judge Andrew J. Peck in Courtroom 20D, 500 Pearl Street. Counsel attending the conference must have full settlement authority and their client(s) must be present at the conference, as must a representative of the client's insurance company where the decision to settle and/or amount of settlement must be approved by the insurance company. Counsel shall provide a confidential settlement memorandum to my chambers. The memorandum shall not be filed with the Clerk of the Court nor provided to opposing counsel. The memorandum should explain the factual and legal background of the case as it impacts on settlement negotiations; the status of prior settlement discussions between the parties; and the party's settlement proposal (range). See Order. ( Settlement Conference set for 8/20/2012 at 10:30 AM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Andrew J. Peck.)(Signed by Magistrate Judge Andrew J. Peck on 8/13/2012) (djc) Modified on 8/13/2012 (djc). (Entered: 08/13/2012)
2012-08-17 81 0 ORDER: The Court is in receipt of the plaintiffs' letter dated July 19, 2012 and the defendants'letter of the same date. A telephone conference has been scheduled for August 23, 2012 at 2:00p.m. Counsel for the plaintiff is directed to contact Allison Cavale at (212) 805-0162 to initiatethe conference. ( Telephone Conference set for 8/23/2012 at 02:00 PM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 8/17/2012) (js) (Entered: 08/21/2012)
2012-08-22 82 0 ENDORSED LETTER addressed to Judge Ronnie Abrams from Michael J. Volpe dated 8/22/2012 re: Counsel respectfully request that they be allowed to participate in tomorrow's 2:00 p.m. conference either in the Court room or in Your Honor's Chambers. ENDORSEMENT: Pursuant to defendants counsel's request, tomorrows conference will be held in Courtroom 9B at 2:00 p.m. Plaintiff's counsel is permitted to participate by telephone, as originally anticipated, or in person. (Signed by Judge Ronnie Abrams on 8/22/2012) (jfe) (Entered: 08/23/2012)
2012-08-24 83 0 ORDER: As discussed at the conference held on August 23, 2012, it is hereby: ORDERED that Plaintiffs submit a proposed notice to the Court for authorization by August 31, 2012. If Defendants have any objections to such notice, they shall notify the court by September 5, 2012. IT IS FURTHER ORDERED that the parties are directed to proceed with class discovery. If disputes arise, the parties are required to proceed in accordance with the meet-and-confer process described in the Court's Individual Rules and Practices available at http://nysd.uscourts.gov/judge/ Abrams. IT IS FURTHER ORDERED that the deadline for Defendants' opposition to Plaintiffs' motion for summary judgment is extended from September 7, 2012 to September 28, 2012. Plaintiffs shall submit their reply by October 15, 2012. Set Deadlines/Hearing as to 72 MOTION for Partial Summary Judgment. :( Responses due by 9/28/2012, Replies due by 10/15/2012.) (Signed by Judge Ronnie Abrams on 8/24/2012) (jfe) (Entered: 08/24/2012)
2012-09-07 84 0 ORDER: Plaintiff's counsel is hereby ordered to send out Notice to the proposed class in this matter by September 17, 2012. The Notice shall conform to the notice submitted to the Court August 27, 2012. Consent forms must be submitted to the Court on or before November 16, 2012. (Signed by Judge Ronnie Abrams on 9/7/2012) (cd) Modified on 9/12/2012 (cd). (Entered: 09/07/2012)
2012-09-28 85 0 MEMORANDUM OF LAW in Opposition re: 72 MOTION for Partial Summary Judgment.. Document filed by Anjost Corp., Joseph Zaro, Stuart D. Zaro. (Volpe, Michael) (Entered: 09/28/2012) 2012-10-11 12:27:53 c0c01b0785d6ea5336d54d7cb0c2e6083ce9c648
2012-09-28 86 0 DECLARATION of Brian Zaro in Opposition re: 72 MOTION for Partial Summary Judgment.. Document filed by Anjost Corp., Joseph Zaro, Stuart D. Zaro. (Volpe, Michael) (Entered: 09/28/2012)
2012-09-28 87 0 DECLARATION of Adam G. Possidente in Opposition re: 72 MOTION for Partial Summary Judgment.. Document filed by Anjost Corp., Joseph Zaro, Stuart D. Zaro. (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)(Volpe, Michael) (Entered: 09/28/2012)
2012-09-28 88 0 COUNTER STATEMENT TO Document filed by Anjost Corp., Joseph Zaro, Stuart D. Zaro. (Volpe, Michael) (Entered: 09/28/2012)
2012-10-03 89 0 ORDER: Telephone Conference set for 10/9/2012 at 02:00 PM before Judge Ronnie Abrams, and as further set forth in this document. (Signed by Judge Ronnie Abrams on 10/3/2012) (cd) (Entered: 10/03/2012)
2012-10-08 90 0 CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Pedro Alvarado.(Lee, C.K.) (Entered: 10/08/2012)
2012-10-08 91 0 CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Mohamed Abdul Qadir.(Lee, C.K.) (Entered: 10/08/2012)
2012-10-08 92 0 CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Ismael Martinez.(Lee, C.K.) (Entered: 10/08/2012)
2012-10-08 93 0 CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Hector Aguilar.(Lee, C.K.) (Entered: 10/08/2012)
2012-10-08 94 0 CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Javier Sosa-Mulato.(Lee, C.K.) (Entered: 10/08/2012)
2012-10-08 95 0 CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Juan Tenorio.(Lee, C.K.) (Entered: 10/08/2012)
2012-10-08 96 0 CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Natasha Williams.(Lee, C.K.) (Entered: 10/08/2012)
2012-10-08 97 0 CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Jose Antonio Bautista.(Lee, C.K.) (Entered: 10/08/2012)
2012-10-08 98 0 CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Vicente Hernandez.(Lee, C.K.) (Entered: 10/08/2012)
2012-10-08 99 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Minu Akter.(Lee, C.K.) (Entered: 10/08/2012)
2012-10-08 100 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Mohammed Karim Munna.(Lee, C.K.) (Entered: 10/08/2012)
2012-10-08 101 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Joseph Ramirez.(Lee, C.K.) (Entered: 10/08/2012)
2012-10-08 102 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Donald P. White.(Lee, C.K.) (Entered: 10/08/2012)
2012-10-08 103 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Hector Gomez.(Lee, C.K.) (Entered: 10/08/2012)
2012-10-08 104 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Joana Marie S. Ordona.(Lee, C.K.) (Entered: 10/08/2012)
2012-10-08 105 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Joseph A. Noelfils.(Lee, C.K.) (Entered: 10/08/2012)
2012-10-08 106 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Nfn Dasrat.(Lee, C.K.) (Entered: 10/08/2012)
2012-10-08 107 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Shahana Huq.(Lee, C.K.) (Entered: 10/08/2012)
2012-10-08 108 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Chandrawatty Singh.(Lee, C.K.) (Entered: 10/08/2012)
2012-10-08 109 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Jaime P. Ordona.(Lee, C.K.) (Entered: 10/08/2012)
2012-10-08 110 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Josephine Abruzzese.(Lee, C.K.) (Entered: 10/08/2012)
2012-10-08 111 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Balram Budhram.(Lee, C.K.) (Entered: 10/08/2012)
2012-10-08 112 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Olumachukwu Agwa.(Lee, C.K.) (Entered: 10/08/2012)
2012-10-08 113 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Paritosh Saha.(Lee, C.K.) (Entered: 10/08/2012)
2012-10-08 114 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Mariama Balde.(Lee, C.K.) (Entered: 10/08/2012)
2012-10-08 115 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Shamsun N. Chowdhury.(Lee, C.K.) (Entered: 10/08/2012)
2012-10-08 116 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Felix Quinones.(Lee, C.K.) (Entered: 10/08/2012)
2012-10-08 117 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Babette Evangelista.(Lee, C.K.) (Entered: 10/08/2012)
2012-10-09 118 0 ENDORSED LETTER addressed to Judge Ronnie Abrams from Kristine A. Sova dated 10/9/2012 re: I write to request that my name be removed from the docket and/or terminated from receiving notice in the above-captioned action because I do not represent any of the parties in this action. ENDORSEMENT: Application granted. The Clerk of Court is directed to remove Kristine Sova from the docket in the above-referenced matter. So ordered. Attorney Kristine A. Sova terminated. (Signed by Judge Ronnie Abrams on 10/9/2012) (rjm) (Entered: 10/10/2012)
2012-10-11 119 0 ENDORSED LETTER: addressed to Judge Ronnie Abrams from C.K. Lee dated 10/9/2012 re: On the basis of the foregoing, Plaintiffs respectfully request the Court an extension to 20 pages for Plaintiffs' Reply memorandum of Law in Support of Plaintiffs' Motion for Partial Summary Judgment. ENDORSEMENT: Plaintiffs' reply memorandum may be fifteen (15 pages in length. So Ordered. (Signed by Judge Ronnie Abrams on 10/11/2012) (js) (Entered: 10/12/2012)
2012-10-19 121 0 REPLY MEMORANDUM OF LAW in Support re: 72 MOTION for Partial Summary Judgment.. Document filed by Mohamed Abdul Qadir, Josephine Abruzzese, Hector Aguilar, Olumachukwu Agwa, Minu Akter, Pedro Alvarado, Mariama Balde, Jose Antonio Bautista, Balram Budhram, Shamsun N. Chowdhury, Nfn Dasrat, Babette Evangelista, Francisco Daniel Flores, Hector Gomez, Constantino Fernandez Hernandez, Enrique Hernandez, Vicente Hernandez, Shahana Huq, Alejandro Jimenez, Ismael Martinez, Mohammed Karim Munna, Joseph A. Noelfils, Jaime P. Ordona, Joana Marie S. Ordona, Felix Quinones, Joseph Ramirez, Paritosh Saha, Valeriano Fernando Salvador, Chandrawatty Singh, Javier Sosa-Mulato, Juan Tenorio, Donald P. White, Natasha Williams. (Attachments: # 1 Exhibit)(Lee, C.K.) (Entered: 10/19/2012)
2012-10-19 122 0 DECLARATION of C.K. Lee in Support re: 72 MOTION for Partial Summary Judgment.. Document filed by Mohamed Abdul Qadir, Josephine Abruzzese, Hector Aguilar, Olumachukwu Agwa, Minu Akter, Pedro Alvarado, Mariama Balde, Jose Antonio Bautista, Balram Budhram, Shamsun N. Chowdhury, Nfn Dasrat, Babette Evangelista, Francisco Daniel Flores, Hector Gomez, Constantino Fernandez Hernandez, Enrique Hernandez, Vicente Hernandez, Shahana Huq, Alejandro Jimenez, Ismael Martinez, Mohammed Karim Munna, Joseph A. Noelfils, Jaime P. Ordona, Joana Marie S. Ordona, Felix Quinones, Joseph Ramirez, Paritosh Saha, Valeriano Fernando Salvador, Chandrawatty Singh, Javier Sosa-Mulato, Juan Tenorio, Donald P. White, Natasha Williams. (Lee, C.K.) (Entered: 10/19/2012)
2012-10-22 123 0 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/9/2012 before Judge Ronnie Abrams. Court Reporter/Transcriber: Khristine Sellin, (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 11/16/2012. Redacted Transcript Deadline set for 11/29/2012. Release of Transcript Restriction set for 1/25/2013.(Moya, Goretti) (Entered: 10/22/2012)
2012-10-22 124 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/9/12 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...(Moya, Goretti) (Entered: 10/22/2012)
2012-10-23 125 0 CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Toni Charlton.(Lee, C.K.) (Entered: 10/23/2012)
2012-10-23 126 0 CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Pedro H. Cruz Perez.(Lee, C.K.) (Entered: 10/23/2012)
2012-10-23 127 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Mona Rana.(Lee, C.K.) (Entered: 10/23/2012)
2012-10-23 128 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Franklin Laines.(Lee, C.K.) (Entered: 10/23/2012)
2012-10-23 129 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Zakir Talukder.(Lee, C.K.) (Entered: 10/23/2012)
2012-10-23 130 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Shyamal Baran Das.(Lee, C.K.) (Entered: 10/23/2012)
2012-10-23 131 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Marleny Ortiz.(Lee, C.K.) (Entered: 10/23/2012)
2012-10-23 132 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Hamerton Mathieu.(Lee, C.K.) (Entered: 10/23/2012)
2012-10-23 133 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Issa Diba.(Lee, C.K.) (Entered: 10/23/2012)
2012-10-23 134 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Farida Yeasmin.(Lee, C.K.) (Entered: 10/23/2012)
2012-10-23 135 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Adama Kamate.(Lee, C.K.) (Entered: 10/23/2012)
2012-10-23 136 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Rahima Khanam.(Lee, C.K.) (Entered: 10/23/2012)
2012-10-23 137 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Dalia Rahman.(Lee, C.K.) (Entered: 10/23/2012)
2012-10-23 138 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Diamon Armstrong.(Lee, C.K.) (Entered: 10/23/2012)
2012-10-23 139 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Chandra Corraya.(Lee, C.K.) (Entered: 10/23/2012)
2012-10-23 140 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Estela Garcia.(Lee, C.K.) (Entered: 10/23/2012)
2012-10-23 141 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Jolly Chowdhury.(Lee, C.K.) (Entered: 10/23/2012)
2012-10-23 142 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Joseph Wright.(Lee, C.K.) (Entered: 10/23/2012)
2012-10-23 143 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Diego Restrepo G..(Lee, C.K.) (Entered: 10/23/2012)
2012-10-23 144 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Luis Parraga.(Lee, C.K.) (Entered: 10/23/2012)
2012-10-23 145 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Md T. Ali.(Lee, C.K.) (Entered: 10/23/2012)
2012-10-23 146 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Silvio Diaz.(Lee, C.K.) (Entered: 10/23/2012)
2012-10-23 147 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Mohammad Bhuiyan.(Lee, C.K.) (Entered: 10/23/2012)
2012-11-07 148 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Sheila J. Molden.(Lee, C.K.) (Entered: 11/07/2012)
2012-11-07 149 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Karthick Reddiar.(Lee, C.K.) (Entered: 11/07/2012)
2012-11-07 150 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Juanita Guerra.(Lee, C.K.) (Entered: 11/07/2012)
2012-11-07 151 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Aarthi Reddiar.(Lee, C.K.) (Entered: 11/07/2012)
2012-11-07 152 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Truong Vinh.(Lee, C.K.) (Entered: 11/07/2012)
2012-11-07 153 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Sath Kim.(Lee, C.K.) (Entered: 11/07/2012)
2012-11-07 154 0 CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Harvy Gonzalez.(Lee, C.K.) (Entered: 11/07/2012)
2012-11-08 155 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Shiuli Rozario.(Lee, C.K.) (Entered: 11/08/2012)
2012-11-08 156 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Jasmin Vargas.(Lee, C.K.) (Entered: 11/08/2012)
2012-11-08 157 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Khajista A. Bano.(Lee, C.K.) (Entered: 11/08/2012)
2012-11-08 158 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Mujammil Ali.(Lee, C.K.) (Entered: 11/08/2012)
2012-11-08 159 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Md Nolrul Islam.(Lee, C.K.) (Entered: 11/08/2012)
2012-11-14 160 0 CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Edgar Benito Peralta.(Lee, C.K.) (Entered: 11/14/2012)
2012-11-14 161 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Barry Greenberg.(Lee, C.K.) (Entered: 11/14/2012)
2012-11-14 162 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Frances Major.(Lee, C.K.) (Entered: 11/14/2012)
2012-11-14 163 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Choti Sherpa.(Lee, C.K.) (Entered: 11/14/2012)
2012-11-14 164 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Sony Sherpa.(Lee, C.K.) (Entered: 11/14/2012)
2012-11-14 165 0 ORDER denying 72 Motion for Partial Summary Judgment. Accordingly, Plaintiffs' motion for partial summary judgment is denied without prejudice to renewal following the completion of all discovery. The parties shall appear for a post-discovery conference on January 3, 2013 at 11:30 a.m. The Clerk of Court is directed to terminate the motion at docket number 72. SO ORDERED. (Signed by Judge Ronnie Abrams on 11/14/2012) (ama) (Entered: 11/15/2012)
2012-11-16 166 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Sherley Louis-Jean.(Lee, C.K.) (Entered: 11/16/2012)
2012-11-16 167 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Luckner Louis.(Lee, C.K.) (Entered: 11/16/2012)
2012-11-16 168 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Tarrell Jordan.(Lee, C.K.) (Entered: 11/16/2012)
2012-11-28 169 0 NOTICE OF APPEARANCE by Justin Mitchell Swartz on behalf of Francisco Daniel Flores, Constantino Fernandez Hernandez, Enrique Hernandez, Alejandro Jimenez, Valeriano Fernando Salvador (Swartz, Justin) (Entered: 11/28/2012)
2012-11-28 170 0 NOTICE OF APPEARANCE by Justin Mitchell Swartz on behalf of Francisco Daniel Flores, Constantino Fernandez Hernandez, Enrique Hernandez, Alejandro Jimenez, Valeriano Fernando Salvador (Swartz, Justin) (Entered: 11/28/2012)
2012-11-28 171 0 NOTICE OF APPEARANCE by Michael Joseph Scimone on behalf of Francisco Daniel Flores, Constantino Fernandez Hernandez, Enrique Hernandez, Alejandro Jimenez, Valeriano Fernando Salvador (Scimone, Michael) (Entered: 11/28/2012)
2012-12-03 172 0 ENDORSED LETTER addressed to Judge Ronnie Abrams from Justin M. Swartz dated 11/28/2012 re: We respectfully request that the Court extend the deadline for document discovery from November 30, 2012 through February 28, 2013, and the deadline for all class discovery from December 31, 2012 through March 29, 2013. The Court previously granted one extension of class discovery, on October 9, 2012 (ECF No. 123). ENDORSEMENT: Application granted., ( Discovery due by 3/29/2013.) (Signed by Judge Ronnie Abrams on 12/3/2012) (lmb) (Entered: 12/04/2012)
2012-12-05 173 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Rabaya Ahmed.(Lee, C.K.) (Entered: 12/05/2012)
2012-12-05 174 0 REQUEST FOR EXCLUSION FROM CLASS. Document filed by Nur U Moznu.(Lee, C.K.) (Entered: 12/05/2012)
2012-12-28 175 0 ENDORSED LETTER addressed to Judge Ronnie Abrams from Michael J. Volpe dated 12/28/2012 re: I write on behalf of both parties to request an adjournment of the upcoming post-discovery conference before Your Honor, currently scheduled for January 3, 2013. ENDORSEMENT: Application granted. The conference previously scheduled for January 3, 2013 is adjourned and rescheduled for April 5, 2013 at 2:00 p.m., ( Status Conference set for 4/5/2013 at 02:00 PM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 12/28/2012) (lmb) (Entered: 12/28/2012)
2013-02-12 176 0 MOTION for Leave to File THIRD AMENDED COMPLAINT. Document filed by Francisco Daniel Flores.(Swartz, Justin) (Entered: 02/12/2013)
2013-02-12 177 0 MEMORANDUM OF LAW in Support re: 176 MOTION for Leave to File THIRD AMENDED COMPLAINT.. Document filed by Francisco Daniel Flores. (Swartz, Justin) (Entered: 02/12/2013)
2013-02-12 178 0 DECLARATION of Michael J. Scimone in Support re: 176 MOTION for Leave to File THIRD AMENDED COMPLAINT.. Document filed by Francisco Daniel Flores. (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)(Swartz, Justin) (Entered: 02/12/2013)
2013-02-19 179 0 ENDORSED LETTER addressed to Judge Ronnie Abrams from Michael J. Volpe dated 2/15/2013 re: Defendants write to request that the deadline for Defendants' opposition to Plaintiffs' Motion for Leave to File a Third Amended Complaint be extended from the current date of February 27, 2013 until March 6, 2013. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Responses due by 3/6/2013) (Signed by Judge Ronnie Abrams on 2/19/2013) (ft) (Entered: 02/20/2013)
2013-03-05 180 0 ENDORSED LETTER addressed to Judge Ronnie Abrams from Justin M. Swartz dated 3/1/2013 re: Counsel requests that the Court grant a stay of the litigation and extend Defendant's deadline to respond to Plaintiffs' Motion for Lave to File a Third Amended Complaint until March 27, and extend the deadline for discovery until April 19. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Discovery due by 4/19/2013, Responses due by 3/27/2013) (Signed by Judge Ronnie Abrams on 3/5/2013) (ft) (Entered: 03/05/2013)
2013-03-25 181 0 ENDORSED LETTER addressed to Judge Ronnie Abrams from Michael J. Volpe dated 3/20/2013 re: counsel for Defendant writes that the parties jointly respectfully request that the Court continue the stay of this litigation and extend Defendants' deadline to respond to Plaintiffs' Motion for Leave to File a Third Amended Complaint until April 17, and extend the deadline for discovery until May 10. ENDORSEMENT: Application granted. No further extensions will be granted without good cause. (Signed by Judge Ronnie Abrams on 3/25/2013) (pl) Modified on 3/25/2013 (pl). (Entered: 03/25/2013)
2013-04-12 182 0 ORDER withdrawing 176 Motion for Leave to File Document. Accordingly, is is hereby ORDERED that the parties' application is granted. The Clerk of Court is directed to terminate the motion at docket number 176. (Signed by Judge Ronnie Abrams on 4/12/2013) (tro) Modified on 4/17/2013 (tro). (Entered: 04/16/2013)
2013-04-17 183 0 ENDORSED LETTER addressed to Judge Ronnie Abrams from Michael J. Volpe dated 4/17/2013 re: counsel for Defendants writes that the parties request that the April 19, 2013 status conference be adjourned until after the stay expires. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Ronnie Abrams on 4/17/2013) (pl) Modified on 4/17/2013 (pl). (Entered: 04/17/2013)
2013-05-23 184 0 NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Ronnie Abrams is no longer assigned to the case. (pgu) (Entered: 05/23/2013)
2013-06-11 185 0 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - STATUS REPORT. of Settlement Discussions Document filed by Francisco Daniel Flores, Constantino Fernandez Hernandez, Enrique Hernandez, Alejandro Jimenez, Valeriano Fernando Salvador.(Swartz, Justin) Modified on 6/12/2013 (ka). (Entered: 06/11/2013)
2013-06-12 186 0 ENDORSED LETTER addressed to Judge Analisa Torres from Justin M. Swartz dated 6/11/2013 re: Counsel for Plaintiffs respectfully request that the Court set a deadline of July 31, 2013 for Plaintiffs to file a motion for preliminary approval of the class settlement pursuant to Fed. R. Civ. P. 23(e). We appreciate the Court's attention to this matter. ENDORSEMENT: The parties shall file a motion for preliminary approval of the class settlement by July 13, 2013. SO ORDERED. (Signed by Judge Analisa Torres on 6/12/2013) (rsh) (Entered: 06/12/2013)
2013-06-11 187 0 ORDER: As counsel may be aware, this case was recently transferred to me. My Individual Practices in Civil Cases are available at http://www.nysd.uscourts.gov/judge/Torres. By June 18, 2013, the parties shall email to chambers (Torres_NYSDChambers@nysd.uscourts.gov) a joint letter, not exceeding six pages, providing in separate paragraphs as outlined within this order. SO ORDERED. (Signed by Judge Analisa Torres on 6/11/2013) (rsh) (Entered: 06/14/2013)
2013-06-14 188 0 ORDER: The deadline to file a motion for preliminary approval of the class settlement is now July 31, 2013. SO ORDERED. (Signed by Judge Analisa Torres on 6/13/2013) (rsh) (Entered: 06/14/2013)
2013-06-19 189 0 LETTER addressed to Judge Analisa Torres from Justin M. Swartz dated 6/18/2013 re: We represent Plaintiffs, the Rule 23 classes, and the FLSA collective (collectively, "Plaintiffs") in the above-referenced case. We write jointly with Defendants pursuant to the Court's order dated June 11, 2013. Document filed by Mohamed Abdul Qadir, Josephine Abruzzese, Hector Aguilar, Olumachukwu Agwa, Rabaya Ahmed, Minu Akter, Md T. Ali, Pedro Alvarado, Diamon Armstrong, Mariama Balde, Jose Antonio Bautista, Mohammad Bhuiyan, Balram Budhram, Toni Charlton, Jolly Chowdhury, Shamsun N. Chowdhury, Chandra Corraya, Pedro H. Cruz Perez, Shyamal Baran Das, Nfn Dasrat, Silvio Diaz, Issa Diba, Babette Evangelista, Francisco Daniel Flores, Estela Garcia, Hector Gomez, Harvy Gonzalez, Barry Greenberg, Constantino Fernandez Hernandez, Enrique Hernandez, Vicente Hernandez, Shahana Huq, Alejandro Jimenez, Tarrell Jordan, Adama Kamate, Rahima Khanam, Franklin Laines, Luckner Louis, Sherley Louis-Jean, Frances Major, Ismael Martinez, Hamerton Mathieu, Nur U Moznu, Mohammed Karim Munna, Joseph A. Noelfils, Jaime P. Ordona, Joana Marie S. Ordona, Marleny Ortiz, Luis Parraga, Edgar Benito Peralta, Felix Quinones, Dalia Rahman, Joseph Ramirez, Mona Rana, Diego Restrepo G., Paritosh Saha, Valeriano Fernando Salvador, Choti Sherpa, Sony Sherpa, Chandrawatty Singh, Javier Sosa-Mulato, Zakir Talukder, Juan Tenorio, Donald P. White, Natasha Williams, Joseph Wright, Farida Yeasmin.(rsh) (Entered: 06/20/2013)
2013-07-31 190 0 MOTION for Settlement Preliminary Approval of the Class Action Settlement, Conditional Certification of the Settlement. Document filed by Francisco Daniel Flores, Constantino Fernandez Hernandez, Enrique Hernandez, Alejandro Jimenez, Valeriano Fernando Salvador. (Attachments: # 1 Exhibit A)(Swartz, Justin) (Entered: 07/31/2013) 2013-08-06 05:32:20 e25baeed0896d04e6f124108db4b00cce1aa8458
2013-07-31 191 0 MEMORANDUM OF LAW in Support re: 190 MOTION for Settlement Preliminary Approval of the Class Action Settlement, Conditional Certification of the Settlement.. Document filed by Francisco Daniel Flores, Constantino Fernandez Hernandez, Enrique Hernandez, Alejandro Jimenez, Valeriano Fernando Salvador. (Swartz, Justin) (Entered: 07/31/2013)
2013-07-31 192 0 DECLARATION of Justin M. Swartz in Support re: 190 MOTION for Settlement Preliminary Approval of the Class Action Settlement, Conditional Certification of the Settlement.. Document filed by Francisco Daniel Flores, Constantino Fernandez Hernandez, Enrique Hernandez, Alejandro Jimenez, Valeriano Fernando Salvador. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Swartz, Justin) (Entered: 07/31/2013)
2013-07-31 193 0 DECLARATION of C.K. Lee in Support re: 190 MOTION for Settlement Preliminary Approval of the Class Action Settlement, Conditional Certification of the Settlement.. Document filed by Francisco Daniel Flores, Constantino Fernandez Hernandez, Enrique Hernandez, Alejandro Jimenez, Valeriano Fernando Salvador. (Swartz, Justin) (Entered: 07/31/2013)
2013-08-02 194 0 ORDER: The parties are directed to submit a revised notice in accordance with the following changes: 1. Numbers 6 and 12 shall give the potential Class Members ninety (90) days from the mailing date instead of thirty (30) days. Numbers 6 and 12 shall instruct the Class Members to file their objections or requests for exclusions to "the Clerk of Court, U.S. District Court for the Southern District of New York, 500 Pearl Street, New York, NY 10007" rather than to the Claims Administrator. 2. The Notice must state that "You do not need to have a record of the hours you worked in order to participate in the lawsuit. You have a right to participate in this action even if you are an undocumented immigrant or if you were paid in cash." See, e.g., Kemper v. Westbury Operating Corp., No 12 Civ. 895,2012 WL 4976122, at *6 (E.D.N.Y. Oct. 17, 2012) 3. The Notice must state: "It is against the law for ANJOST CORP., STUART D. ZARO, or JOSEPH ZARO to retaliate against you for participating in the lawsuit by, for example, firing you, lowering your wages, or reducing your hours." SO ORDERED. (Signed by Judge Analisa Torres on 8/1/2013) (rsh) (Entered: 08/02/2013)