| Court: | nysd |
| Docket #: | 1:12-cv-03712 |
| Case Name: | Walker v. VLC Nolita LLC et al |
| PACER case #: | 396408 |
| Date filed: | 2012-05-09 |
| Assigned to: | Judge Richard J. Sullivan |
| Case Cause: | 29:201 Fair Labor Standards Act |
| Nature of Suit: | 710 Labor: Fair Standards |
| Jury Demand: | None |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Kafele Walker Plaintiff on behalf of himself and on behalf of all other similarly-situated persons |
Douglas Holden Wigdor Shaffin Abdul Datoo Tanvir Haque Rahman |
| VLC Nolita LLC Defendant |
Jeremi L. Chylinski |
| VLC Union Square LLC Defendant |
Jeremi L. Chylinski |
| VLC Upper West LLC Defendant |
Jeremi L. Chylinski |
| VLC West Village LLC Defendant |
Jeremi L. Chylinski |
| Andres Mier Y Teran Defendant |
Jeremi L. Chylinski |
| Alfred Mier Y Teran Defendant |
|
| Mier Y Teran Carlos Defendant |
Jeremi L. Chylinski |
| Alfred Mier Y Teran Defendant |
|
| Alfred Mier Y Teran Defendant |
|
| Alfred Mier Y Teran Defendant |
|
| Alfred Mier Y Teran Defendant |
Jeremi L. Chylinski |
| Alfred Mier Y Teran Defendant |
Jeremi L. Chylinski |
| Alfred Mier Y Teran Defendant |
Jeremi L. Chylinski |
| Alfred Mier Y Teran Defendant |
Jeremi L. Chylinski |
| Alfred Mier Y Teran Defendant |
Jeremi L. Chylinski |
| Alfred Mier Y Teran Defendant |
Jeremi L. Chylinski |
| Alfred Mier Y Teran Defendant |
Jeremi L. Chylinski |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2012-05-09 | 1 | 0 | COMPLAINT against Mier Y Teran Carlos, Andres Mier Y Teran, Alfred Mier Y Teran, VLC Nolita LLC, VLC Union Square LLC, VLC Upper West LLC, VLC West Village LLC. (Filing Fee $ 350.00, Receipt Number 465401037780)Document filed by Kafele Walker.(rdz) (rdz). (Entered: 05/14/2012) | 2012-05-14 14:35:24 | a73acea1bf811d4a8a6688ff18f0b669df746f77 | |
| 2012-06-04 | 2 | 0 | ORDER. The parties are HEREBY ORDERED to appear for a status conference on July 20, 2012 at 9:30 a.m. in Courtroom 21 C of the United States District Court for the Southern District of New York, 500 Pearl Street, New York, New York. IT IS FURTHER ORDERED THAT, by July 9, 2012, at 4:00 p.m., the parties shall jointly submit a letter, not to exceed five (5) pages, providing the information as further specified in this order. IT IS FURTHER ORDERED THAT, by July 9, 2012, at 4:00 p.m., the parties shall submit to the Court a proposed case management plan and scheduling order. A template is available at http://www.nysd.uscourts.gov/cases/show.php?db=judge_info&id=347, and as further set forth. (Status Conference set for 7/20/2012 at 09:30 AM in Courtroom 21C, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 6/1/2012) (rjm) Modified on 6/4/2012 (rjm). (Entered: 06/04/2012) | |||
| 2012-06-06 | 3 | 0 | AFFIDAVIT OF SERVICE of Summons and Complaint,. Andres Mier Y Teran served on 5/12/2012, answer due 6/4/2012; VLC Nolita LLC served on 5/11/2012, answer due 6/1/2012; VLC Union Square LLC served on 5/11/2012, answer due 6/1/2012; VLC Upper West LLC served on 5/11/2012, answer due 6/1/2012; VLC West Village LLC served on 5/11/2012, answer due 6/1/2012. Document filed by Kafele Walker. (Wigdor, Douglas) (Entered: 06/06/2012) | 2013-01-02 10:00:33 | 5c751b1843e56976007148272b067b6889391656 | |
| 2012-06-07 | 4 | 0 | STIPULATION AND ORDER, the time for defendants to answer, move or otherwise respond to the Complaint in this action is extended up to and including June 18, 2012. Mier Y Teran Carlos answer due 6/18/2012; Andres Mier Y Teran answer due 6/18/2012; Alfred Mier Y Teran answer due 6/18/2012; VLC Nolita LLC answer due 6/18/2012; VLC Union Square LLC answer due 6/18/2012; VLC Upper West LLC answer due 6/18/2012; VLC West Village LLC answer due 6/18/2012. (Signed by Judge Richard J. Sullivan on 6/7/2012) (djc) (Entered: 06/07/2012) | |||
| 2012-06-18 | 5 | 0 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Mier Y Teran Carlos, Andres Mier Y Teran, Alfred Mier Y Teran, VLC Nolita LLC, VLC Union Square LLC, VLC Upper West LLC, VLC West Village LLC.(Chylinski, Jeremi) (Entered: 06/18/2012) | 2012-06-19 09:06:30 | 1dfe6aa3a3a35122d1c2c00ec7f54ecfff589500 | |
| 2012-06-18 | 6 | 0 | ANSWER to 1 Complaint,. Document filed by Mier Y Teran Carlos, Andres Mier Y Teran, Alfred Mier Y Teran, VLC Nolita LLC, VLC Union Square LLC, VLC Upper West LLC, VLC West Village LLC.(Chylinski, Jeremi) (Entered: 06/18/2012) | 2012-06-19 09:04:18 | 9c199a4c01d64ec4d89743179b2db21fa9b7d070 | |
| 2012-07-10 | 7 | 0 | ENDORSED LETTER addressed to Judge Richard J. Sullivan, from Shaffin A. Datoo, dated 7/9/2012, re: request that this Court adjourn the status conference currently scheduled for July 20, 2012 at 9:30 a.m. in both matters. ENDORSEMENT: IT IS HEREBY ORDERED THAT the status conference is adjourned to July 27, 2012 at 9:30 a.m. ( Status Conference set for 7/27/2012 at 09:30 AM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 7/9/2012) (ja) (Entered: 07/10/2012) | |||
| 2012-07-27 | 8 | 0 | CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to disposition of this case by a Magistrate Judge, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. Expert Deposition due by 1/9/2013. Fact Discovery due by 11/9/2012. Discovery due by 1/9/2013. Post Discovery Conference set for 1/25/2013 at 10:00 AM before Judge Richard J. Sullivan. Counsel for the parties request referral to the Southern District's Mediation Program. Parties have conferred and their present best estimate of the length of trial is 10 days. (Signed by Judge Richard J. Sullivan on 7/27/2012) (ft) (Entered: 07/27/2012) | 2012-07-30 09:15:15 | 928edea0fca38792ab01dbe3c4cdc7dac0c36027 | |
| 2012-07-27 | 9 | 0 | ORDER: These cases are referred for mediation to the Court annexed Mediation Program. The parties are hereby notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling order issued by this Court without leave of this Court. Mediator to be Assigned by 8/6/2012. Mediator Expertise Request due by 8/1/2012. (Signed by Judge Richard J. Sullivan on 7/27/2012) (ft) (Entered: 07/27/2012) | 2012-07-30 09:18:22 | 36a8ac032961c2e5f02ecdb8214a723d72dc8537 | |
| 2012-09-24 | 10 | 0 | ORDER: The Court is in receipt of a letter from Plaintiff, dated September 20, 2012, requesting permission to file a motion pursuant to ยง 216(b) of the Fair Labor Standards Act for conditional certification of an opt-in class. IT IS HEREBY ORDERED THAT Defendants shall respond to this letter by September 27, 2012. IT IS FURTHER ORDERED THAT the parties shall appear for a pre-motion conference on October 22, 2012 at 9:30a.m. SO ORDERED. ( Responses due by 9/27/2012, Pre-Motion Conference set for 10/22/2012 at 09:30 AM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 9/21/2012) (ama) (Entered: 09/24/2012) | |||
| 2012-10-24 | 11 | 0 | ORDER: It is hereby ordered that Plaintiff shall submit any motion for conditional class certification by November 5, 2012 Defendants shall respond by November 19, 2012 and Plaintiff shall submit any reply by November 30, 2012 (Signed by Judge Richard J. Sullivan on 10/22/2012) (js) (Entered: 10/24/2012) | |||
| 2012-11-05 | 12 | 0 | REVISED BRIEFING SCHEDULE: With respect to Plaintiffs motion for conditional certification, it is hereby Ordered as follows: (1) Plaintiff shall submit his motion for conditional certification by November 13, 2012; (2) Defendants shall submit their opposition by November 30, 2012; and (3) Plaintiff shall submit his reply by December 7, 2012. SO ORDERED. Motions due by 11/13/2012. Responses due by 11/30/2012 Replies due by 12/7/2012. (Signed by Judge Richard J. Sullivan on 11/05/2012) (ama) (Entered: 11/05/2012) | |||
| 2012-11-13 | 13 | 0 | FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE of Motion for Conditional Certification and Authorization to Send Notice of this Action. Document filed by Kafele Walker. (Datoo, Shaffin) Modified on 11/14/2012 (ldi). (Entered: 11/13/2012) | 2012-11-14 08:44:53 | 9c38a4558765db2d4ac4916e42e30fa5fbd7e53e | |
| 2012-11-13 | 14 | 0 | FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Certify Class Conditionally and for Authorization to Send Notice of this Action. Document filed by Kafele Walker.(Datoo, Shaffin) Modified on 11/14/2012 (ldi). (Entered: 11/13/2012) | 2012-11-14 08:45:56 | 148380a18b74b17703f020623163a139a781e566 | |
| 2012-11-13 | 15 | 0 | FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Kafele Walker in Support re: 14 MOTION to Certify Class Conditionally and for Authorization to Send Notice of this Action.. Document filed by Kafele Walker. (Datoo, Shaffin) Modified on 11/14/2012 (ldi). (Entered: 11/13/2012) | 2012-11-14 08:51:56 | 93a5a651f3fd15060e3924dfc751d1abbdfd6108 | |
| 2012-11-13 | 16 | 0 | FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - BRIEF re: 14 MOTION to Certify Class Conditionally and for Authorization to Send Notice of this Action. Declaration of Shaffin A. Datoo in support of Motion to Certify Class Conditionally. Document filed by Kafele Walker. (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)(Datoo, Shaffin) Modified on 11/14/2012 (ldi). (Entered: 11/13/2012) | |||
| 16 | 1 | Exhibit 1 | ||||
| 16 | 2 | Exhibit 2 | ||||
| 16 | 3 | Exhibit 3 | ||||
| 16 | 4 | Exhibit 4 | ||||
| 16 | 5 | Exhibit 5 | ||||
| 16 | 6 | Exhibit 6 | ||||
| 16 | 7 | Exhibit 7 | ||||
| 16 | 8 | Exhibit 8 | ||||
| 16 | 9 | Exhibit 9 | ||||
| 16 | 10 | Exhibit 10 | ||||
| 16 | 11 | Exhibit 11 | ||||
| 16 | 12 | Exhibit 12 | ||||
| 16 | 13 | Exhibit 13 | ||||
| 16 | 14 | Exhibit 14 | ||||
| 2012-11-14 | 17 | 0 | MOTION to Certify Class Conditionally and for Authorization to Send Notice of this Action. Document filed by Kafele Walker.(Datoo, Shaffin) (Entered: 11/14/2012) | 2012-11-14 10:27:03 | ca4a482cc83ac2999d31fb640ff817bf681f9ca5 | |
| 2012-11-14 | 18 | 0 | MEMORANDUM OF LAW in Support re: 17 MOTION to Certify Class Conditionally and for Authorization to Send Notice of this Action.. Document filed by Kafele Walker. (Datoo, Shaffin) (Entered: 11/14/2012) | 2012-11-14 10:28:14 | e19733d26f2898041e196a6557193bc7f1d7ecec | |
| 2012-11-14 | 19 | 0 | DECLARATION of Shaffin A. Datoo in Support re: 17 MOTION to Certify Class Conditionally and for Authorization to Send Notice of this Action.. Document filed by Kafele Walker. (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)(Datoo, Shaffin) (Entered: 11/14/2012) | |||
| 19 | 1 | Exhibit 1 | ||||
| 19 | 2 | Exhibit 2 | ||||
| 19 | 3 | Exhibit 3 | ||||
| 19 | 4 | Exhibit 4 | ||||
| 19 | 5 | Exhibit 5 | ||||
| 19 | 6 | Exhibit 6 | ||||
| 19 | 7 | Exhibit 7 | ||||
| 19 | 8 | Exhibit 8 | ||||
| 19 | 9 | Exhibit 9 | ||||
| 19 | 10 | Exhibit 10 | ||||
| 19 | 11 | Exhibit 11 | ||||
| 19 | 12 | Exhibit 12 | ||||
| 19 | 13 | Exhibit 13 | ||||
| 19 | 14 | Exhibit 14 | ||||
| 2012-11-14 | 20 | 0 | DECLARATION of Kafele Walker in Support re: 17 MOTION to Certify Class Conditionally and for Authorization to Send Notice of this Action.. Document filed by Kafele Walker. (Datoo, Shaffin) (Entered: 11/14/2012) | 2012-11-14 10:40:24 | 5384c773f1acd8e8b2dc6c476de2e5de467f4d1f | |
| 2012-11-15 | 21 | 0 | NOTICE OF CHANGE OF ADDRESS by Tanvir Haque Rahman on behalf of Kafele Walker. New Address: Thompson Wigdor LLP, 85 Fifth Avenue, New York, New York, 10003, (212) 257-6800. (Rahman, Tanvir) (Entered: 11/15/2012) | 2012-11-15 20:30:45 | 985ac733500377ae7da9c740c3ceb75e05bee82a | |
| 2012-11-30 | 22 | 0 | MEMORANDUM OF LAW in Opposition re: 17 MOTION to Certify Class Conditionally and for Authorization to Send Notice of this Action.. Document filed by Mier Y Teran Carlos, Andres Mier Y Teran, Alfred Mier Y Teran, VLC Nolita LLC, VLC Union Square LLC, VLC Upper West LLC, VLC West Village LLC. (Chylinski, Jeremi) (Entered: 11/30/2012) | 2012-12-03 09:18:00 | 874768db3a98eed373a070722f987ff1e87ca14b | |
| 2012-11-30 | 23 | 0 | DECLARATION of Marco Shalma in Opposition re: 17 MOTION to Certify Class Conditionally and for Authorization to Send Notice of this Action.. Document filed by Mier Y Teran Carlos, Andres Mier Y Teran, Alfred Mier Y Teran, VLC Nolita LLC, VLC Union Square LLC, VLC Upper West LLC, VLC West Village LLC. (Attachments: # 1 Exhibit A)(Chylinski, Jeremi) (Entered: 11/30/2012) | |||
| 23 | 1 | |||||
| 2012-12-07 | 24 | 0 | REPLY MEMORANDUM OF LAW in Support re: 17 MOTION to Certify Class Conditionally and for Authorization to Send Notice of this Action.. Document filed by Kafele Walker. (Datoo, Shaffin) (Entered: 12/07/2012) | 2012-12-07 16:49:07 | 74e548551e49b5e7a7a2ffc10afd37db8091272e | |
| 2012-12-07 | 25 | 0 | REPLY AFFIRMATION of Shaffin A. Datoo in Support re: 17 MOTION to Certify Class Conditionally and for Authorization to Send Notice of this Action.. Document filed by Kafele Walker. (Attachments: # 1 Exhibit 1)(Datoo, Shaffin) (Entered: 12/07/2012) | |||
| 25 | 1 | |||||
| 2012-12-22 | 26 | 0 | ENDORSED LETTER addressed to Judge Richard J. Sullivan from Shaffin A. Datoo dated 12/21/2012 re: Plaintiff's counsel writes. pursuant to Your Honor's Individual Practices, the parties jointly submit this letter to respectfully request an extension of time to complete discovery and request that the discovery deadline in this case be extended by sixty (60) days to March 11,2013 so that the parties can complete paper discovery by January 15, 2013 and depositions by March 11, 2013. A proposed Revised Scheduling Order is attached. The current deadline to complete discovery is January 9, 2013. This is the parties' first request for an extension of this deadline. ENDORSEMENT: IT IS HEREBY ORDERED THAT the parties shall complete discovery and submit any pre-motion letters by March 11, 2013. IT IS FURTHER ORDERED THAT the post-discovery conference currently scheduled for January 25, 2013 is adjourned until Friday, March 22, 2013 at 12:00 p.m. The conference will take place in Courtroom 905 of the Thurgood Marshall Untied States Courthouse, 40 Foley Square, New York, N.Y. So Ordered., ( Discovery due by 3/11/2013.), ( Discovery Hearing set for 3/22/2013 at 12:00 PM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 12/21/2012) (ago) (Entered: 12/28/2012) | |||
| 2013-01-18 | 27 | 0 | NOTICE OF APPEARANCE by Douglas Holden Wigdor on behalf of Kafele Walker (Wigdor, Douglas) (Entered: 01/18/2013) | |||
| 2013-01-30 | 28 | 0 | ENDORSED LETTER addressed to Judge Richard J. Sullivan from Douglas H. Wigdor dated 1/28/2013 re: We write to the Court as a result of Defendants' troubling failure to comply with their discovery obligations. ENDORSEMENT: Rule 2(G) of the Court's Individual Practices provides that" [u]nless otherwise directed, counsel should describe their discovery disputes in a single letter, jointly composed, not to exceed five pages." The Rule further warns that "[s] eparate... letters will be returned, unread." As Plaintiff has failed to comply with this Rule, the Court will disregard Plaintiff's letter. (Signed by Judge Richard J. Sullivan on 1/29/2013) (cd) (Entered: 01/30/2013) | 2013-01-31 09:26:54 | 080d9f81f3cd71ca663a89d7545b40f901b91439 | |
| 2013-01-30 | 29 | 0 | ENDORSED LETTER addressed to Judge Richard J. Sullivan from Jeremi Chylinski dated 01/29/2013 re: This firm represents defendants VLC Nolita LLC, VLC Union Square, LLC, VLC Upper West LLC, VlLC West Village LLC, Andres Mier Y Teran, Alfred Mier Y Teran, Carlos Mier Y Teran ("Defendants") in the above-referenced case. We write in response to Plaintiff's letter of January 28, 2013 and to correct certain factual inaccuracies therein. ENDORSEMENT: As the Court noted in response to Plaintiff' s letter dated January 28, 2013, Rule 2(G) of the Court's Individual Practices requires parties to address discovery disputes in a single joint letter and warns that" [s]eparate and successive letters will be returned, unread." The purpose of this rule is to prevent precisely the back-and-forth in which the parties in this matter are now engaged. Accordingly, the Court will also disregard Defendants' letter. If the parties remain in dispute over discovery, they may seek the Court's intervention in a manner that complies with Rule 2(G). (Signed by Judge Richard J. Sullivan on 01/29/2013) (jcs) (Entered: 01/30/2013) | 2013-01-31 09:33:47 | e57a65861aa1e1b4f23e3959d1245313160bb08b |