| Court: | nysd |
| Docket #: | 1:14-cv-00726 |
| Case Name: | Sanchez et al v. I&A Restaurant Corp. et al |
| PACER case #: | 423100 |
| Date filed: | 2014-02-04 |
| Assigned to: | Magistrate Judge Debra C. Freeman |
| Case Cause: | 29:201 Fair Labor Standards Act |
| Nature of Suit: | 710 Labor: Fair Standards |
| Jury Demand: | Both |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Tony Sanchez Plaintiff individually |
Jesse S Barton Joshua S. Androphy Michael Antonio Faillace Shawn Raymond Clark |
| Tony Sanchez Plaintiff on behalf of others similarly situated |
Jesse S Barton Joshua S. Androphy Michael Antonio Faillace Shawn Raymond Clark |
| I&A Restaurant Corp. Defendant doing business asEl Economico |
Jason M. Wolf Edward Hirsch Wolf |
| Franklin Vargas Defendant |
Jason M. Wolf Edward Hirsch Wolf |
| Marilyn Vargas Defendant |
Jason M. Wolf Edward Hirsch Wolf |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2014-02-04 | 1 | 0 | COMPLAINT against I&A Restaurant Corp., Franklin Vargas, Marilyn Vargas. (Filing Fee $ 350.00, Receipt Number 1087150)Document filed by Tony Sanchez(individually), Tony Sanchez(on behalf of others similarly situated).(laq) (laq). (Entered: 02/10/2014) | |||
| 2014-02-04 | 2 | 0 | CIVIL COVER SHEET filed. (laq) (Entered: 02/10/2014) | |||
| 2014-02-19 | 3 | 0 | AFFIDAVIT OF SERVICE. Franklin Vargas served on 2/11/2014, answer due 3/4/2014. Document filed by Tony Sanchez(individually). (Faillace, Michael) (Entered: 02/19/2014) | |||
| 2014-02-19 | 4 | 0 | AFFIDAVIT OF SERVICE. I&A Restaurant Corp. served on 2/11/2014, answer due 3/4/2014. Document filed by Tony Sanchez(individually). (Faillace, Michael) (Entered: 02/19/2014) | |||
| 2014-02-19 | 5 | 0 | AFFIDAVIT OF SERVICE. Marilyn Vargas served on 2/11/2014, answer due 3/4/2014. Document filed by Tony Sanchez(individually). (Faillace, Michael) (Entered: 02/19/2014) | |||
| 2014-04-23 | 6 | 0 | AFFIDAVIT OF SERVICE. Franklin Vargas served on 4/5/2014, answer due 4/28/2014. Document filed by Tony Sanchez(individually); Tony Sanchez(on behalf of others similarly situated). (Faillace, Michael) (Entered: 04/23/2014) | |||
| 2014-04-23 | 7 | 0 | AFFIDAVIT OF SERVICE. Marilyn Vargas served on 4/15/2014, answer due 5/6/2014. Document filed by Tony Sanchez(individually); Tony Sanchez(on behalf of others similarly situated). (Faillace, Michael) (Entered: 04/23/2014) | |||
| 2014-04-30 | 8 | 0 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by I&A Restaurant Corp., Franklin Vargas, Marilyn Vargas.(Wolf, Jason) (Entered: 04/30/2014) | |||
| 2014-04-30 | 9 | 0 | ANSWER to 1 Complaint. Document filed by I&A Restaurant Corp., Franklin Vargas, Marilyn Vargas.(Wolf, Jason) (Entered: 04/30/2014) | |||
| 2014-05-23 | 10 | 0 | NOTICE OF APPEARANCE by Joshua S. Androphy on behalf of Tony Sanchez(individually), Tony Sanchez(on behalf of others similarly situated). (Androphy, Joshua) (Entered: 05/23/2014) | |||
| 2014-05-23 | 11 | 0 | LETTER addressed to Judge John G. Koeltl from Joshua S. Androphy dated May 23, 2014 re: Requesting Scheduling of Initial Pretrial Cnference. Document filed by Tony Sanchez(individually), Tony Sanchez(on behalf of others similarly situated).(Androphy, Joshua) (Entered: 05/23/2014) | |||
| 2014-05-27 | 12 | 0 | MEMO ENDORSEMENT on re: 11 Letter, filed by Tony Sanchez. ENDORSEMENT: A CONFERENCE WILL BE HELD ON TUESDAY, JUNE 10, 2014 AT 4:30PM SO ORDERED. (Signed by Judge John G. Koeltl on 5/26/2014) (kgo) (Entered: 05/27/2014) | |||
| 2014-06-09 | 13 | 0 | ENDORSED LETTER addressed to Judge John G. Koeltl from Jason M. Wolf dated 6/04/2014 re: My client Mr. Franklin Vargas is Spanish speaking. I contacted the Court to inquire about the services of an interpreter and have been informed that interpreters are not provided by the Court in civil cases. Therefore, we seek permission to have Yolanda Alvarez appear in Court tomorrow to translate for Mr. Vargas. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Judge John G. Koeltl on 6/09/2014) (ama) (Entered: 06/09/2014) | |||
| 2014-06-10 | 14 | 0 | NOTICE OF APPEARANCE by Shawn Raymond Clark on behalf of Tony Sanchez(individually), Tony Sanchez(on behalf of others similarly situated). (Clark, Shawn) (Entered: 06/10/2014) | |||
| 2014-06-13 | 15 | 0 | ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Ronald L. Ellis. (Signed by Judge John G. Koeltl on 6/10/2014) (tn) (Entered: 06/13/2014) | |||
| 2014-06-13 | 16 | 0 | CIVIL SCHEDULING ORDER: Joinder of Parties due by 8/8/2014. Amended Pleadings due by 8/22/2014. Discovery due by 10/10/2014. Dispositive motions due by 10/31/2014. Joint Pretrial Order due by 11/21/2014. Motions in limine or motions to bifurcate due by 11/21/2014. Ready for Trial by 12/5/2014. The estimated trial time is 3 days, and this is a jury trial. (Signed by Judge John G. Koeltl on 6/10/2014) (tn) (Entered: 06/13/2014) | |||
| 2014-09-26 | 17 | 0 | LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge John G. Koeltl from Shawn Clark dated 09/26/2014. Document filed by Tony Sanchez(individually), Tony Sanchez(on behalf of others similarly situated).(Clark, Shawn) (Entered: 09/26/2014) | |||
| 2014-09-29 | 18 | 0 | ORDER granting 17 Letter Motion for Extension of Time to Complete Discovery. Application granted. The parties should submit a revised scheduling order to this Court by 10/2/2014. So ordered. (Discovery due by 11/10/2014). (Signed by Judge John G. Koeltl on 9/29/2014) (rjm) (Entered: 09/29/2014) | |||
| 2014-10-03 | 19 | 0 | REVISED CIVIL SCHEDULING ORDER: Dispositive motions, if any, are to be completed by December 10, 2014. Motions in limine or to bifurcate due by 1/5/2015. All Discovery due by 11/10/2014. Joint Pretrial Order due by 1/5/2015. Ready for Trial by 1/19/2015. The estimated trial time is 3 days, and this is a jury trial, and as further set forth. (Signed by Judge John G. Koeltl on 10/3/2014) (rjm) (Entered: 10/06/2014) | |||
| 2014-12-30 | 20 | 0 | LETTER MOTION for Extension of Time re Joint Pretrial Order addressed to Judge John G. Koeltl from Shawn Clark dated 12/30/2014. Document filed by Tony Sanchez(individually), Tony Sanchez(on behalf of others similarly situated).(Clark, Shawn) (Entered: 12/30/2014) | |||
| 2015-01-06 | 21 | 0 | ORDER granting 20 LETTER MOTION for Extension of Time re Joint Pretrial Order addressed to Judge John G. Koeltl from Shawn Clark dated 12/30/2014. Document filed by Tony Sanchez (individually), Tony Sanchez (on behalf of others similarly situated). Application granted. So ordered. (Joint Pretrial Order due by 3/6/2015). (Signed by Judge John G. Koeltl on 1/5/2015) (rjm) (Entered: 01/06/2015) | |||
| 2015-01-13 | 22 | 0 | LETTER MOTION for Conference re Settlement addressed to Magistrate Judge Ronald L. Ellis from Shawn Clark dated 1/13/2015. Document filed by Tony Sanchez(individually), Tony Sanchez(on behalf of others similarly situated).(Clark, Shawn) (Entered: 01/13/2015) | |||
| 2015-01-14 | 23 | 0 | ORDER granting 22 Letter Motion for Conference. Settlement Conference set for 2/24/2015 at 11:00 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ronald L. Ellis. All counsel must be present. Plaintiffs counsel is responsible for confirming with each defendants counsel that all necessary participants are aware of this conference. Unless excused by the Court, each party, together with counsel, must appear in person for the conference. If a party is not prepared to go forward with settlement discussions, written notice to the Court is required prior to the conference.No request for adjournment will be considered unless made at least THREE BUSINESS DAYS before the scheduled conference and only after the parties have consulted with each other. Direct inquiries to Rupa Shah (212)-805-0242. (HEREBY ORDERED by Magistrate Judge Ronald L. Ellis)(Text Only Order) (Ellis, Ronald) (Entered: 01/14/2015) | |||
| 2015-03-06 | 24 | 0 | LETTER MOTION for Extension of Time re JPTO addressed to Judge John G. Koeltl from Shawn Clark dated 3/6/2015. Document filed by Tony Sanchez(individually), Tony Sanchez(on behalf of others similarly situated).(Clark, Shawn) (Entered: 03/06/2015) | |||
| 2015-03-09 | 25 | 0 | ORDER granting 24 Letter Motion for Extension of Time. Application granted. So ordered. (Joint Pretrial Order due by 4/6/2015). (Signed by Judge John G. Koeltl on 3/9/2015) (rjm) (Entered: 03/10/2015) | |||
| 2015-07-21 | 26 | 0 | NOTICE OF COURT CONFERENCE: You are directed to appear for a pretrial conference, to be held on Monday, July 27, 2015, in Courtroom 12B, at 10:30 a.m., in front of the Honorable John G. Koeltl. All requests for adjournments must be made in writing to the Court. For any further information, please contact the Court at (212) 805-0107. Pretrial Conference set for 7/27/2015 at 10:30 AM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. (ajs) (Entered: 07/21/2015) | |||
| 2015-07-23 | 27 | 0 | FIRST LETTER MOTION to Adjourn Conference addressed to Judge John G. Koeltl from Shawn Clark dated 7/23/2015. Document filed by Tony Sanchez(individually), Tony Sanchez(on behalf of others similarly situated).(Clark, Shawn) (Entered: 07/23/2015) | |||
| 2015-07-23 | 28 | 0 | JOINT PRELIMINARY TRIAL REPORT. Document filed by Tony Sanchez(individually), Tony Sanchez(on behalf of others similarly situated).(Clark, Shawn) (Entered: 07/23/2015) | |||
| 2015-07-27 | 29 | 0 | ORDER granting 27 FIRST LETTER MOTION to Adjourn Conference addressed to Judge John G. Koeltl from Shawn Clark dated 7/23/2015. Document filed by Tony Sanchez (individually), Tony Sanchez (on behalf of others similarly situated). Conference adjourned to August 6, 2015 at 4:30 p.m. So ordered. (Pretrial Conference set for 8/6/2015 at 04:30 PM before Judge John G. Koeltl). (Signed by Judge John G. Koeltl on 7/27/2015) (rjm) (Entered: 07/27/2015) | |||
| 2015-08-05 | 30 | 0 | NOTICE OF APPEARANCE by Jesse S Barton on behalf of Tony Sanchez(individually), Tony Sanchez(on behalf of others similarly situated). (Barton, Jesse) (Entered: 08/05/2015) | |||
| 2015-08-06 | 31 | 0 | ORDER: The conference scheduled for Thursday, August 6, 2015, at 4:30pm is adjourned to Monday, August 10, 2015, at 4:30pm. (Pretrial Conference set for 8/10/2015 at 04:30 PM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 8/5/2015) (kko) (Entered: 08/06/2015) | |||
| 2015-08-11 | 32 | 0 | JOINT PRETRIAL ORDER: Jury or Bench Trial: Trial is anticipated to take 1-2 days, and is to be without a jury. Consent to Trial by Magistrate Judge: The parties have not consented to trial by a Magistrate Judge. (As further set forth in this Order) (Signed by Judge John G. Koeltl on 8/10/2015) (kl) (Entered: 08/11/2015) | |||
| 2015-08-19 | 33 | 0 | LETTER addressed to Judge John G. Koeltl from Shawn Clark dated August 19, 2015 re: Consent. Document filed by Tony Sanchez(individually), Tony Sanchez(on behalf of others similarly situated). (Attachments: # 1 Endorsed Consent)(Clark, Shawn) (Entered: 08/19/2015) | |||
| 2015-08-28 | 34 | 0 | CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by I&A Restaurant Corp., Tony Sanchez(individually), Tony Sanchez(on behalf of others similarly situated), Franklin Vargas, Marilyn Vargas. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Ronald L. Ellis. (Signed by Judge John G. Koeltl on 8/28/2015) (kgo) (Entered: 08/28/2015) | |||
| 2015-11-12 | 35 | 0 | FIRST LETTER addressed to Magistrate Judge Debra C. Freeman from Jason Wolf dated November 12, 2015 re: Fair Labor Standards Act. Document filed by I&A Restaurant Corp., Franklin Vargas, Marilyn Vargas.(Wolf, Edward) (Entered: 11/12/2015) | |||
| 2015-11-16 | 36 | 0 | PRETRIAL MEMORANDUM. Document filed by Tony Sanchez(individually), Tony Sanchez(on behalf of others similarly situated).(Clark, Shawn) (Entered: 11/16/2015) | |||
| 2015-12-30 | 37 | 0 | TRANSCRIPT of Proceedings re: HEARING held on 11/24/2015 before Magistrate Judge Debra C. Freeman. Court Reporter/Transcriber: Patricia Kaneshiro-Miller, (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 1/25/2016. Redacted Transcript Deadline set for 2/4/2016. Release of Transcript Restriction set for 4/1/2016.(McGuirk, Kelly) (Entered: 12/30/2015) | |||
| 2015-12-30 | 38 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 11/24/15 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: 12/30/2015) | |||
| 2015-12-30 | 39 | 0 | TRANSCRIPT of Proceedings re: HEARING held on 11/23/2015 before Magistrate Judge Debra C. Freeman. Court Reporter/Transcriber: Patricia Kaneshiro-Miller, (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 1/25/2016. Redacted Transcript Deadline set for 2/4/2016. Release of Transcript Restriction set for 4/1/2016.(McGuirk, Kelly) (Entered: 12/30/2015) | |||
| 2015-12-30 | 40 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 11/23/15 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: 12/30/2015) | |||
| 2016-01-08 | 41 | 0 | LETTER MOTION for Extension of Time to File Post-Trial Materials addressed to Magistrate Judge Debra C. Freeman from Shawn Clark dated 1/8/16. Document filed by Tony Sanchez(individually), Tony Sanchez(on behalf of others similarly situated).(Clark, Shawn) (Entered: 01/08/2016) | |||
| 2016-01-11 | 42 | 0 | ORDER granting 41 Letter Motion for Extension of Time to File. Granted. (This resolves Dkt. 41.) (Signed by Magistrate Judge Debra C. Freeman on 1/11/2016) (mro) (Entered: 01/12/2016) | |||
| 2016-01-29 | 43 | 0 | LETTER MOTION for Extension of Time to File Post-Trial Materials addressed to Magistrate Judge Debra C. Freeman from Shawn Clark dated 1/29/2016. Document filed by Tony Sanchez(individually), Tony Sanchez(on behalf of others similarly situated).(Clark, Shawn) (Entered: 01/29/2016) | |||
| 2016-02-02 | 44 | 0 | ORDER granting 43 Letter Motion for Extension of Time to File. SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 2/2/2016) (mro) (Entered: 02/02/2016) | |||
| 2016-02-05 | 45 | 0 | PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by I&A Restaurant Corp., Franklin Vargas, Marilyn Vargas.(Wolf, Edward) (Entered: 02/05/2016) | |||
| 2016-02-05 | 46 | 0 | PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Tony Sanchez(individually), Tony Sanchez(on behalf of others similarly situated). (Attachments: # 1 Exhibit A)(Faillace, Michael) (Entered: 02/05/2016) | |||
| 2016-08-15 | 47 | 0 | FINDINGS OF FACT AND CONCLUSIONS OF LAW: For all of the foregoing reasons: 1. Defendants are entitled to judgment in their favor dismissing the following claims against them, with prejudice: a. Plaintiffs claims under the FLSA; b. Plaintiffs claims under the NYLL for unpaid wages and liquidated damages for the period from January 1, 2011 to December 23, 2013; and c. Plaintiffs claim for violation of the wage-notice provision of the WTPA, N.Y. Lab. Law § 195(1)(a). 2. Plaintiff is entitled to judgment in his favor against Defendants, jointly and severally, in the following amounts: a. $7,087.50 as damages under the NYLL for unpaid overtime wages for the period from July 8, 2010 to December 31, 2010; b. $1,771.88 as liquidated damages under the NYLL; c. $2,500 for violation of the WTPA's wage-statement provision, N.Y. Lab. Law § 195(3); d. prejudgment interest on the sum of $7,087.50, to be calculated by the Clerk of Court at the rate of nine percent per annum, from October 4, 2010, until the date of entry of judgment; and e. reasonable attorneys' fees and costs, in an amount stipulated by the parties or, if necessary, to be determined by the Court based on a fee application to be submitted by Plaintiff no later than September 16, 2016. Plaintiff is directed to submit a proposed judgment to the Court, in accordance with the Court's determinations. (Signed by Magistrate Judge Debra C. Freeman on 8/15/2016) (tro) (Entered: 08/16/2016) | 2017-05-30 11:22:26 | b7e7f179c95bd37c46e4ad930c45d35a15ea2aac | |
| 2016-09-16 | 48 | 0 | MOTION for Attorney Fees . Document filed by Tony Sanchez(individually), Tony Sanchez(on behalf of others similarly situated).(Clark, Shawn) (Entered: 09/16/2016) | |||
| 2016-09-16 | 49 | 0 | DECLARATION of Shawn Clark in Support re: 48 MOTION for Attorney Fees .. Document filed by Tony Sanchez(individually), Tony Sanchez(on behalf of others similarly situated). (Attachments: # 1 Exhibit A)(Clark, Shawn) (Entered: 09/16/2016) | |||
| 2016-09-16 | 50 | 0 | MEMORANDUM OF LAW in Support re: 48 MOTION for Attorney Fees . . Document filed by Tony Sanchez(individually), Tony Sanchez(on behalf of others similarly situated). (Clark, Shawn) (Entered: 09/16/2016) | |||
| 2016-10-11 | 51 | 0 | FIRST LETTER MOTION for Extension of Time addressed to Magistrate Judge Debra C. Freeman from Jason M. Wolf dated October 11, 2016. Document filed by I&A Restaurant Corp., Franklin Vargas, Marilyn Vargas.(Wolf, Edward) (Entered: 10/11/2016) | |||
| 2016-10-14 | 52 | 0 | ORDER granting 51 Letter Motion for Extension of Time. Defendants' opposition to the pending fee application shall be filed no later than 11/18/16. Plaintiff's Reply, if any, shall be filed no later than 11/30/16. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra) (Entered: 10/14/2016) | |||
| 2016-11-18 | 53 | 0 | FIRST MEMORANDUM OF LAW in Opposition re: 48 MOTION for Attorney Fees . . Document filed by I&A Restaurant Corp., Franklin Vargas, Marilyn Vargas. (Wolf, Edward) (Entered: 11/18/2016) | |||
| 2016-11-30 | 54 | 0 | LETTER MOTION for Extension of Time to File Response/Reply addressed to Magistrate Judge Debra C. Freeman from Shawn Clark dated 11/30/2016. Document filed by Tony Sanchez(individually), Tony Sanchez(on behalf of others similarly situated).(Clark, Shawn) (Entered: 11/30/2016) | |||
| 2016-12-02 | 55 | 0 | ORDER granting 54 Letter Motion for Extension of Time to File Response/Reply. Plaintiff's reply on the motion for attorney's fees may be filed by 12/14/16. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra) (Entered: 12/02/2016) | |||
| 2016-12-14 | 56 | 0 | LETTER MOTION for Extension of Time to File Response/Reply addressed to Magistrate Judge Debra C. Freeman from Shawn Clark dated 12/14/2016. Document filed by Tony Sanchez(individually), Tony Sanchez(on behalf of others similarly situated).(Clark, Shawn) (Entered: 12/14/2016) | |||
| 2016-12-15 | 57 | 0 | ORDER granting 56 Letter Motion for Extension of Time to 12/16/16 to File Response/Reply (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra) (Entered: 12/15/2016) | |||
| 2016-12-16 | 58 | 0 | REPLY MEMORANDUM OF LAW in Support re: 48 MOTION for Attorney Fees . . Document filed by Tony Sanchez(individually), Tony Sanchez(on behalf of others similarly situated). (Clark, Shawn) (Entered: 12/16/2016) | |||
| 2017-05-22 | 59 | 0 | MEMORANDUM AND ORDER. For all of the foregoing reasons, it is hereby ORDERED that, pursuant to N.Y. Lab. Law § 198(1-a) and N.Y. Lab. Law§ 663(1), Plaintiff is awarded $15,593.25 from Defendants, representing the attorneys' fees and costs reasonably incurred by Sanchez in pursuing his claims under the NYLL and WTPA. The Clerk of Court is directed to enter this award of attorneys' fees and costs, to close the motion docketed in this action as Dkt. 48, and to close this case on the Docket of the Court. So ordered. Granting 48 Motion for Attorney Fees. (Signed by Magistrate Judge Debra C. Freeman on 5/22/2017) Copies to: All counsel (via ECF). (rjm) (Entered: 05/23/2017) | 2017-05-27 11:07:33 | 7161c55f4b7cef55d84476196657fa4fd060e2b9 |