Case details

Court: nysd
Docket #: 1:11-cv-04316
Case Name: Uribe v. Women By Peter Elliot, Ltd. et al
PACER case #: 381178
Date filed: 2011-06-24
Date terminated: 2012-08-22
Assigned to: Judge George B. Daniels
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
Diana Uribe
Plaintiff
Individually and on behalf of all other persons similarly situated TERMINATED: 12/27/2011
Walker Green Harman , Jr.
The Harman Firm PC 1776 Broadway Suite 2030 New York, NY 10019 (212) 425-2600 Fax: (212) 202-3926 Email: wharman@theharmanfirm.com
LEAD ATTORNEY

Carlos A. Canon
Plaintiff
Individually and on behalf of all other persons similarly situated
Walker Green Harman , Jr.
(See above for address)
ATTORNEY TO BE NOTICED

Grace Klickman
Plaintiff
Individually and on behalf of all other persons similarly situated
Walker Green Harman , Jr.
(See above for address)
ATTORNEY TO BE NOTICED

Women By Peter Elliot, Ltd.
Defendant
Barry R. Temkin
Mound Cotton Wollan & Greengrass (NYC) One New York Plaza New York, NY 10004 (212)-809-4200 Email: btemkin@moundcotton.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert Steven Goodman
Mound Cotton Wollan & Greengrass (NYC) One Battery Park Plaza 9th Floor New York, NY 10004 (212) 804-4200 Email: rgoodman@moundcotton.com
ATTORNEY TO BE NOTICED

Isabelle McNally
Defendant
Individually
Barry R. Temkin
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert Steven Goodman
(See above for address)
ATTORNEY TO BE NOTICED

Eliot Rabin
Defendant
Individually
Barry R. Temkin
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert Steven Goodman
(See above for address)
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2011-06-24 1 0 COMPLAINT against Isabelle McNally, Eliot Rabin, Women By Peter Elliot, Ltd. (Filing Fee $ 350.00, Receipt Number 1010117)Document filed by Diana Uribe.(ama) (ama). (Entered: 06/27/2011) 2016-03-04 19:47:47 151c9c7d5fc32539f48481b239947789866a9a20
2011-06-28 2 0 INITIAL PRETRIAL CONFERENCE: Initial Conference set for 8/18/2011 at 09:30 AM in Courtroom 21D, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels. (Signed by Judge George B. Daniels on 6/28/2011) (jar) (Entered: 06/28/2011)
2011-06-28 3 0 INITIAL PRETRIAL CONFERENCE: Counsel for all parties are hereby directed to attend a conference at the time and place fixed below, for the purpose of Case Management and scheduling pursuant to Fed. R. Civ. P. 16. You are directed to furnish all attorneys in this action with copies of this order and enclosures, and to furnish chambers with a copy of any transmittal letter(s). If you are unaware of the identity of counsel for any of the parties, you must forthwith send a copy of the notice and rules to that party personally. Additional relief as set forth in this Order. An Initial pretrial conference will be held on Thursday, August 18, 2011 at 9:30 a.m. at the United States District Courthouse, 500 Pearl Street, New York, New York, Courtroom 21D. Initial Conference set for 8/18/2011 at 09:30 AM in Courtroom 21D, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels. (Signed by Judge George B. Daniels on 6/28/11) (pl) (Entered: 06/28/2011)
2011-07-01 4 0 AFFIDAVIT OF SERVICE of Initial Pretrial Conference Notice and Case Management Plan and Scheduling Order served on Women by Peter Elliot, LTD on 6/29/11. Service was made by Mail. Document filed by Diana Uribe. (Harman, Walker) (Entered: 07/01/2011)
2011-07-22 5 0 NOTICE OF APPEARANCE by Barry R. Temkin on behalf of Isabelle McNally, Eliot Rabin, Women By Peter Elliot, Ltd. (Temkin, Barry) (Entered: 07/22/2011)
2011-07-22 6 0 NOTICE OF APPEARANCE by Robert Steven Goodman on behalf of Isabelle McNally, Eliot Rabin, Women By Peter Elliot, Ltd. (Goodman, Robert) (Entered: 07/22/2011)
2011-08-02 7 0 STIPULATION AND ORDER, Isabelle McNally answer due 8/31/2011; Eliot Rabin answer due 8/31/2011; Women By Peter Elliot, Ltd. answer due 8/31/2011. (Signed by Judge George B. Daniels on 8/2/11) (cd) (Entered: 08/02/2011)
2011-08-16 8 0 ENDORSED LETTER addressed to Judge George B Daniels from Whitney Costin dated 8/15/11 re: Request for an adjournment of the 8/18/11 pretrial conference. ENDORSEMENT: The conference is adjourned to 8/25/11 at 9:30 am. Pretrial Conference reset for 8/25/2011 at 09:30 AM before Judge George B. Daniels. (Signed by Judge George B. Daniels on 8/16/11) (cd) (Entered: 08/16/2011)
2011-08-26 9 0 MEDIATION REFERRAL ORDER: this case is determined to be eligible for mediation, pursuant to the Civil Justice Expense and Delay Reduction Plan. This action is eligible for mediation subject to the limitations and restrictions as noted: ALL ISSUES ARE ELIGIBLE. The mediation shall be conducted in accordance with the provisions of the Court's Local Civil Rule 83.12. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 9/5/2011. Mediator Expertise Request due by 8/31/2011. (Signed by Judge George B. Daniels on 8/26/2011) (lmb) (Entered: 08/29/2011)
2011-08-31 10 0 ANSWER to 1 Complaint. Document filed by Isabelle McNally, Eliot Rabin, Women By Peter Elliot, Ltd..(Temkin, Barry) (Entered: 08/31/2011)
2011-08-31 11 0 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Women By Peter Elliot, Ltd..(Temkin, Barry) (Entered: 08/31/2011)
2011-09-28 12 0 NOTICE OF CHANGE OF ADDRESS by Barry R. Temkin on behalf of Isabelle McNally, Eliot Rabin, Women By Peter Elliot, Ltd.. New Address: Mound Cotton Wollan & Greengrass, One Battery Park Plaza, 9th Floor, New York, NY, USA 10004, 212-804-4200. (Temkin, Barry) (Entered: 09/28/2011)
2011-10-19 13 0 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Diana Uribe.(Harman, Walker) (Entered: 10/19/2011)
2011-11-23 14 0 STIPULATION AND ORDER, Isabelle McNally answer due 12/20/2011; Eliot Rabin answer due 12/20/2011; Women By Peter Elliot, Ltd. answer due 12/20/2011. The time for defendants to respond or object to plaintiffs first request forproduction of documents be and the same hereby is extended from November 21, 2011 through and including December 20, 2011. November 21, 2011 was the original date. There have been no previous requests for an extension of this time. (Signed by Judge George B. Daniels on 11/23/2011) (cd) (Entered: 11/23/2011)
2011-12-07 15 0 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE 29 U.S.C. 216(b). Document filed by Diana Uribe.(Harman, Walker) (Entered: 12/07/2011)
2011-12-27 16 0 STIPULATION AND ORDER: The claims in this action by Diana Uribe, individually, are hereby dismissed with prejudice pursuant to Rule 41 (a) of the Federal Rules of Civil Procedure, with no award of costs or fees in favor of or against any Party. No further claims shall be asserted in this action by Diana Uribe, whether individually or on behalf of any other persons. Plaintiffs Carlos Martinez and Rukimani Lekhraj may file an amended complaint naming them as named plaintiffs, individually and on behalf of all other persons similarly situated in the place and stead of Diana Uribe, who shall be removed from the caption of this action and whose name shall not appear in the caption or in the allegations of the amended complaint. Diana Uribe terminated. (Signed by Judge George B. Daniels on 12/27/2011) (ft) (Entered: 12/27/2011)
2012-01-10 17 0 AMENDED COMPLAINT ACTION COMPLAINT: amending 1 Complaint against Isabelle McNally, Eliot Rabin, Women By Peter Elliot, Ltd. with JURY DEMAND.Document filed by Carlos A. Canon, Grace Klickman. Related document: 1 Complaint filed by Diana Uribe.(pl) (Entered: 01/13/2012)
2012-01-19 18 0 STIPULATION AND ORDER: The time for defendants WOMEN BY PETER ELLIOT, LTD., ISABELLE MCNALLY, and ELIOT RABIN to answer, plead, or otherwise move with respect to the Amended Complaint in this action be and the same hereby is extended from 1/25/2012 through and including 2/1/2012. Isabelle McNally answer due 2/1/2012; Eliot Rabin answer due 2/1/2012; Women By Peter Elliot, Ltd. answer due 2/1/2012. (Signed by Judge George B. Daniels on 1/19/2012) (ft) (Entered: 01/19/2012)
2012-02-01 19 0 ANSWER to 17 Amended Complaint,. Document filed by Isabelle McNally, Eliot Rabin, Women By Peter Elliot, Ltd..(Goodman, Robert) (Entered: 02/01/2012)
2012-02-02 20 0 MOTION to Certify Class. Document filed by Carlos A. Canon, Grace Klickman. Responses due by 2/22/2012(Harman, Walker) (Entered: 02/02/2012)
2012-02-02 21 0 MEMORANDUM OF LAW in Support re: 20 MOTION to Certify Class.. Document filed by Carlos A. Canon, Grace Klickman. (Harman, Walker) (Entered: 02/02/2012)
2012-02-02 22 0 DECLARATION of Walker G. Harman, Jr. in Support re: 20 MOTION to Certify Class.. Document filed by Carlos A. Canon, Grace Klickman. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C)(Harman, Walker) (Entered: 02/02/2012)
2012-02-06 23 0 ENDORSED LETTER: addressed to Judge George B. Daniels from Walker G. Harman dated 2/2/2012 re: Counsel for plaintiff request a one week extension of time for the conference currently scheduled for February 15, 2012. ENDORSEMENT: The conference is adjourned to February 22, 2012 at 9:30 a.m. So Ordered., ( Status Conference set for 2/22/2012 at 09:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 2/6/2012) (js) (Entered: 02/06/2012)
2012-02-06 24 0 STIPULATION AND ORDER: NOW, THEREFORE, pursuant to Federal Rule of Civil Procedure 26(c), it is stipulated and agreed by plaintiff, defendants, and DOL, as set forth in this Stipulation and Order. SO ORDERED. (Signed by Judge George B. Daniels on 2/06/2012) (ama) (Entered: 02/06/2012)
2012-02-08 25 0 STIPULATION AND ORDER: It is hereby Stipulated and agreed that the time for defendants to serve papers in opposition to plaintiffs' motion for approval of collective action notice be and the same hereby is extended from February 21, 2012 through and including March 6, 2012 and plaintiffs' time to serve reply papers is extended through and including March 16, 2012. February 21, 2012 and March 2, 2012 were the original dates for opposition and reply papers. There have been no previous requests for an extension of this briefing schedule. (Signed by Judge George B. Daniels on 2/8/2012) (jfe) (Entered: 02/08/2012)
2012-02-29 26 0 TRANSCRIPT of Proceedings re: Conference held on 2/22/2012 before Judge George B. Daniels. 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 3/26/2012. Redacted Transcript Deadline set for 4/5/2012. Release of Transcript Restriction set for 6/1/2012.(McGuirk, Kelly) (Entered: 02/29/2012)
2012-02-29 27 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 2/22/12 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...(McGuirk, Kelly) (Entered: 02/29/2012)
2012-03-20 28 0 STIPULATION AND ORDER: The time for defendants WOMEN BY PETER ELLIOT, LTD, ISABELLE MCNALLY, and ELIOT RABIN to serve papers in opposition to plaintiffs' motion for approval of collective action notice be and the same hereby is extended as set forth herein in order to allow for the discovery and mediation set forth in the following paragraphs. (Signed by Judge George B. Daniels on 3/20/2012) (djc) (Entered: 03/20/2012)
2012-04-02 29 0 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge George B. Daniels on 4/2/2012) (cd) (Entered: 04/02/2012)
2012-05-17 30 0 Mediator Session Held on 05/17/2012 at 233 Broadway.(gom) (Entered: 05/17/2012)
2012-08-20 31 0 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Carlos A. Canon, Diana Uribe, Isabelle McNally, Women By Peter Elliot, Ltd., Grace Klickman, Eliot Rabin and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Carlos A. Canon, Diana Uribe, Isabelle McNally, Women By Peter Elliot, Ltd., Grace Klickman, Eliot Rabin.(Harman, Walker) Modified on 8/21/2012 (ml). (Entered: 08/20/2012)
2012-08-22 32 0 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the parties hereto by their undersigned attorneys as follows: 1. The claims in this action by plaintiffs Grace Klickman, individually, and Carlos A. Canon f/k/a Carlos Martinez, individually, are hereby dismissed with prejudice pursuant to Rule 41 (a) of the Federal Rules of Civil Procedure with no award of costs or fees in favor of or against any party. 2. All other claims in this action, including all claims on behalf of all other persons similarly situated, are hereby dismissed without prejudice pursuant to Rule 41(a) of the Federal Rules of Civil Procedure with no award of costs or fees in favor of or against any party. 3. Plaintiffs Grace Klickman and Carlos A. Canon shall not assert the claims in this action against defendants on behalf of all other persons similarly situated. 4. This Stipulation may be executed in counterparts and the signature pages exchanged electronically or by telecopy or facsimile. (Signed by Judge George B. Daniels on 8/22/2012) (lmb) (Entered: 08/22/2012)