| Court: | nysd |
| Docket #: | 7:14-cv-09383 |
| Case Name: | Williams v. The Bethel Springvale Nursing Home, Inc. |
| PACER case #: | 435332 |
| Date filed: | 2014-11-25 |
| Assigned to: | Judge Nelson Stephen Roman |
| Case Cause: | 29:206 FLSA: Minimum Wage |
| Nature of Suit: | 710 Labor: Fair Standards |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Nicola Williams Plaintiff on behalf of herself and all others similarly situated |
Alexander Todd Coleman Alexander Gastman David Donald Barnhorn Michael John Borrelli |
| Shirley Nattoo Plaintiff TERMINATED: 06/24/2015 |
David Donald Barnhorn Alexander Gastman |
| John T Vecchio Plaintiff |
David Donald Barnhorn |
| The Bethel Springvale Nursing Home, Inc. Defendant |
Francis James Giambalvo Kevin Joseph O'Connor , Sr Joseph Michael Vento |
| The Bethel Springvale Nursing Home, Inc. Defendant |
Kevin Joseph O'Connor , Sr Francis James Giambalvo Joseph Michael Vento |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2014-11-25 | 1 | 0 | COMPLAINT against The Bethel Springvale Nursing Home, Inc. (Filing Fee $ 350.00, Receipt Number 465407010038)Document filed by Nicola Williams.(rj) (Entered: 11/26/2014) | |||
| 2014-11-25 | 2 | 0 | CIVIL COVER SHEET filed. (rj) (Entered: 11/26/2014) | |||
| 2014-12-01 | 3 | 0 | NOTICE OF INITIAL COURT CONFERENCE: Initial Case Management and Scheduling Conference set for 3/20/2015 at 11:00 AM in Courtroom 218, 300 Quarropas Street, White Plains, NY 10601 before Judge Nelson Stephen Roman. (mml) (Entered: 12/02/2014) | |||
| 2014-12-03 | 4 | 0 | CONSENT TO JOIN CLASS. Document filed by Shirley Nattoo.(Gastman, Alexander) (Entered: 12/03/2014) | |||
| 2014-12-05 | 5 | 0 | WAIVER OF SERVICE RETURNED EXECUTED. The Bethel Springvale Nursing Home, Inc. waiver sent on 11/26/2014, answer due 1/26/2015. Document filed by Nicola Williams; Shirley Nattoo. (Gastman, Alexander) (Entered: 12/05/2014) | |||
| 2014-12-09 | 6 | 0 | FILING ERROR - DEFICIENT PLEADING - FILER ERROR - AMENDED COMPLAINT amending 1 Complaint against The Bethel Springvale Nursing Home, Inc. with JURY DEMAND.Document filed by Nicola Williams, Shirley Nattoo. Related document: 1 Complaint filed by Nicola Williams.(Gastman, Alexander) Modified on 12/12/2014 (sj). (Entered: 12/09/2014) | |||
| 2014-12-16 | 7 | 0 | NOTICE OF APPEARANCE by Kevin Joseph O'Connor, Sr on behalf of The Bethel Springvale Nursing Home, Inc.. (O'Connor, Kevin) (Entered: 12/16/2014) | |||
| 2015-01-26 | 8 | 0 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Bethel Springvale Nursing Home, Inc..(O'Connor, Kevin) (Entered: 01/26/2015) | |||
| 2015-01-26 | 9 | 0 | ANSWER to 1 Complaint. Document filed by The Bethel Springvale Nursing Home, Inc..(O'Connor, Kevin) (Entered: 01/26/2015) | |||
| 2015-01-29 | 10 | 0 | ANSWER to 6 Amended Complaint,. Document filed by The Bethel Springvale Nursing Home, Inc..(O'Connor, Kevin) (Entered: 01/29/2015) | |||
| 2015-02-24 | 11 | 0 | CONSENT TO JOIN CLASS. Document filed by Nicola Williams.(Gastman, Alexander) (Entered: 02/24/2015) | |||
| 2015-03-06 | 12 | 0 | CONSENT TO JOIN CLASS. Document filed by Nicola Williams.(Gastman, Alexander) (Entered: 03/06/2015) | |||
| 2015-03-20 | 13 | 0 | ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Judith C. McCarthy. (Signed by Judge Nelson Stephen Roman on 3/20/2015) (mml) (Entered: 03/20/2015) | |||
| 2015-03-20 | 14 | 0 | CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. § 636(c). This case is to be tried to a jury. Amended Pleadings due by 5/1/2015. Joinder of Parties due by 5/1/2015. Deposition due by 11/15/2015. Discovery due by 12/15/2015. Case Management Conference set for 12/18/2015 at 10:00 AM before Judge Nelson Stephen Roman. (Signed by Judge Nelson Stephen Roman on 3/20/2015) (mml) (Entered: 03/20/2015) | |||
| 2015-04-06 | 15 | 0 | SCHEDULING ORDER: The Court has scheduled a Status Conference for June 1, 2015 at 10:30 a.m. before Magistrate Judge Judith C. McCarthy in Courtroom 421. Status Conference set for 6/1/2015 at 10:30 AM in Courtroom 421, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Judith C. McCarthy. (Signed by Magistrate Judge Judith C. McCarthy on 4/6/2015) (rj) (Entered: 04/07/2015) | |||
| 2015-05-04 | 16 | 0 | MOTION to Adjourn Conference . Document filed by The Bethel Springvale Nursing Home, Inc..(O'Connor, Kevin) (Entered: 05/04/2015) | |||
| 2015-05-12 | 17 | 0 | RESCHEDULING ORDER:The Status Conference previously scheduled for June 1. 2015 at 10:30 a.m. before Magistrate Judge Judith C. McCarthy has been rescheduled to June 15, 2015 at 12:30 p.m. in Courtroom 421. Status Conference set for 6/15/2015 at 12:30 PM in Courtroom 421, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Judith C. McCarthy. (Signed by Magistrate Judge Judith C. McCarthy on 5/12/2015) (rj) (Entered: 05/12/2015) | |||
| 2015-06-03 | 18 | 0 | LETTER addressed to Judge Nelson Stephen Roman from Alexander L. Gastman dated June 3, 2015 re: Plaintiff's pre-motion letter for conditional certification. Document filed by Nicola Williams.(Gastman, Alexander) (Entered: 06/03/2015) | |||
| 2015-06-12 | 19 | 0 | MEMO ENDORSEMENT on re: 18 Letter filed by Nicola Williams. ENDORSEMENT: Pre-motion Conference scheduled for June 24, 2015 at 10:00am. Opposing party to state position in writing (not to exceed 3 pages) by June 18, 2015. SO ORDERED. (Pre-Motion Conference set for 6/24/2015 at 10:00 AM before Judge Nelson Stephen Roman.) (Signed by Judge Nelson Stephen Roman on 6/12/2015) (mml) (Entered: 06/15/2015) | |||
| 2015-06-16 | 20 | 0 | ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Alexander L. Gastman dated 6/16/2015 re: Counsel requests an adjournment of the pre-motion conference scheduled for June 24, 2015. ENDORSEMENT: The application is granted. The Pre-Motion Conference is rescheduled until July 9, 2015 at 12:30pm. If a resolution is reached prior to the conference date, the parties shall so notify the Court. (Pre-Motion Conference set for 7/9/2015 at 12:30 PM before Judge Nelson Stephen Roman.) (Signed by Judge Nelson Stephen Roman on 6/16/2015) (mml) (Entered: 06/17/2015) | |||
| 2015-06-18 | 21 | 0 | LETTER addressed to Judge Nelson Stephen Roman from Kevin J. O'Connor, Esq. dated June 18, 2015 re: Bethel's Opposition to Plaintiff's request for a pre-motion conference for leave to bring a motion for conditional certification. Document filed by The Bethel Springvale Nursing Home, Inc..(O'Connor, Kevin) (Entered: 06/18/2015) | |||
| 2015-06-18 | 22 | 0 | ORDER:In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to insure compliance with the case management plan, and to prevent the accumulation of unresolved discovery issues, the following procedures will be followed for the resolution of discovery disputes as set forth in this order. (Signed by Magistrate Judge Judith C. McCarthy on 6/17/2015) (rj) (Entered: 06/19/2015) | |||
| 2015-06-24 | 23 | 0 | AMENDED COMPLAINT amending 6 Amended Complaint, against The Bethel Springvale Nursing Home, Inc. with JURY DEMAND.Document filed by Nicola Williams. Related document: 6 Amended Complaint, filed by Shirley Nattoo, Nicola Williams. (Attachments: # 1 Cover letter)(Gastman, Alexander) (Entered: 06/24/2015) | |||
| 2015-07-06 | 24 | 0 | LETTER MOTION to Adjourn Conference addressed to Judge Nelson Stephen Roman from Kevin J. O'Connor, Esq. dated 7/6/2015. Document filed by The Bethel Springvale Nursing Home, Inc..(O'Connor, Kevin) (Entered: 07/06/2015) | |||
| 2015-07-06 | 25 | 0 | MEMO ENDORSED ORDER granting 24 Letter Motion to Adjourn Conference. ENDORSEMENT: The application is granted. Pre-motion Conference is rescheduled until Aug. 20, 2015 at 11:30am. The Clerk of the Court is requested to terminate the motion (doc. 24). Pre-Motion Conference set for 8/20/2015 at 11:30 AM before Judge Nelson Stephen Roman. (Signed by Judge Nelson Stephen Roman on 7/6/2015) (mml) (Entered: 07/07/2015) | |||
| 2015-07-21 | 26 | 0 | NOTICE of Confidentiality Agreement. Document filed by The Bethel Springvale Nursing Home, Inc.. (O'Connor, Kevin) (Entered: 07/21/2015) | |||
| 2015-07-27 | 27 | 0 | NOTICE OF APPEARANCE by Joseph Michael Vento on behalf of The Bethel Springvale Nursing Home, Inc.. (Vento, Joseph) (Entered: 07/27/2015) | |||
| 2015-07-27 | 28 | 0 | FIRST LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Judith C. McCarthy from JOSEPH M. VENTO dated July 27, 2015. Document filed by The Bethel Springvale Nursing Home, Inc..(Vento, Joseph) (Entered: 07/27/2015) | |||
| 2015-07-27 | 29 | 0 | ORDER granting 28 Letter Motion to Adjourn Conference. The telephone conference scheduled for July 27, 2015 is adjourned sine die. The parties are directed to contact the Court by close of business today to schedule a new conference. (HEREBY ORDERED by Magistrate Judge Judith C. McCarthy)(Text Only Order) (McCarthy, Judith) (Entered: 07/27/2015) | |||
| 2015-07-24 | 30 | 0 | STIPULATION AND ORDER: The First and Second Claims for Relief in Plaintiff's Amended Complaint (paragraphs 45-48 thereof) shall be conditionally certified pursuant to section 216(b) of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 216(b), with respect to a collective consisting of individuals employed by the Defendant as a RN Staff/Charge Nurse or RN Supervisor Nurse during the applicable FLSA limitations period. Specifically, the parties stipulate to the following collective, as set forth in this Order. (Signed by Judge Nelson Stephen Roman on 7/24/2015) (mml) (Entered: 07/27/2015) | |||
| 2015-07-27 | 31 | 0 | RESCHEDULING ORDER: The Telephone Conference previously scheduled for July 27, 2015 at 10:00 a.m. before Magistrate Judge Judith C. McCarthy has been rescheduled to August 13, 2015 at 10:00 a.m. Telephone Conference set for 8/13/2015 at 10:00 AM before Magistrate Judge Judith C. McCarthy. (Signed by Magistrate Judge Judith C. McCarthy on 7/27/2015) (rj) (Entered: 07/28/2015) | |||
| 2015-08-13 | 32 | 0 | NOTICE OF APPEARANCE by Francis James Giambalvo on behalf of The Bethel Springvale Nursing Home, Inc.. (Giambalvo, Francis) (Entered: 08/13/2015) | |||
| 2015-08-14 | 33 | 0 | ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Francis J. Giambalvo dated 8/14/2015 re: We request that the Court remove the Pre Motion Conference hearing from Your Honor's calendar. ENDORSEMENT: The Pre motion Conference scheduled for August 20, 2015 is cancelled as moot. (Signed by Judge Nelson Stephen Roman on 8/14/2015) (rj) (Entered: 08/17/2015) | |||
| 2015-08-28 | 34 | 0 | CONSENT TO JOIN CLASS. Document filed by Nicola Williams.(Gastman, Alexander) (Entered: 08/28/2015) | |||
| 2015-08-28 | 35 | 0 | STIPULATION TO AMEND COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between counsel for Plaintiff Nicola Williams, on behalf of herself and all others similarly situated, and counsel for Defendant The Bethel Springvale Nursing Home, Inc. ("Defendant"), that Plaintiff, without motion and within fourteen days of the Court "So Ordering" this stipulation, will file a Second Amended Complaint removing claims under the New York Labor Law ("NYLL") alleging violations of the NYLL's minimum wage and overtime provisions. IT IS FURTHER STIPULATED AND AGREED that this stipulation may be executed in counterparts and by facsimile/scanned signatures, which shall bear the same weight as original signatures. SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 8/28/2015) (lnl) (Entered: 08/28/2015) | |||
| 2015-09-02 | 36 | 0 | SECOND AMENDED COMPLAINT amending 23 Amended Complaint, against The Bethel Springvale Nursing Home, Inc. with JURY DEMAND.Document filed by Nicola Williams. Related document: 23 Amended Complaint, filed by Nicola Williams.(Gastman, Alexander) (Entered: 09/02/2015) | |||
| 2015-09-14 | 37 | 0 | ANSWER to 36 Amended Complaint,. Document filed by The Bethel Springvale Nursing Home, Inc..(O'Connor, Kevin) (Entered: 09/14/2015) | |||
| 2015-09-22 | 38 | 0 | LETTER MOTION for Conference request for pre-motion conference on discovery dispute addressed to Magistrate Judge Judith C. McCarthy from Kevin J. O'Connor dated September 22, 2015. Document filed by The Bethel Springvale Nursing Home, Inc..(O'Connor, Kevin) (Entered: 09/22/2015) | |||
| 2015-10-01 | 39 | 0 | ORDER granting 38 Letter Motion for Conference. The Telephone Conference scheduled for October 6, 2015 at 10:00 a.m. before Magistrate Judge Judith C. McCarthy is converted into an in person conference. The parties must be prepared to discuss the discovery dispute raised in this letter. (HEREBY ORDERED by Magistrate Judge Judith C. McCarthy)(Text Only Order) (McCarthy, Judith) (Entered: 10/01/2015) | |||
| 2015-10-06 | 40 | 0 | NOTICE OF APPEARANCE by David Donald Barnhorn on behalf of Shirley Nattoo, Nicola Williams. (Barnhorn, David) (Entered: 10/06/2015) | |||
| 2015-10-06 | 41 | 0 | CONSENT TO JOIN CLASS. Document filed by John T Vecchio.(Barnhorn, David) (Entered: 10/06/2015) | |||
| 2015-10-09 | 42 | 0 | LETTER addressed to Judge Nelson Stephen Roman from Michael J. Borrelli, Esq. dated 10/09/2015 re: Request to remove Alexander L. Gastman, Esq. from docket.. Document filed by Nicola Williams.(Borrelli, Michael) (Entered: 10/09/2015) | |||
| 2015-10-13 | 43 | 0 | MEMO ENDORSEMENT on 42 LETTER addressed to Judge Nelson Stephen Roman from Michael J. Borrelli, Esq. dated 10/09/2015 re: Request to remove Alexander L. Gastman, Esq. from docket. ENDORSEMENT: The application is granted. Attorney Alexander Gastman terminated. (Signed by Judge Nelson Stephen Roman on 10/13/2015) (lnl) (Entered: 10/13/2015) | |||
| 2015-10-28 | 44 | 0 | LETTER MOTION for Conference addressed to Judge Nelson Stephen Roman from Kevin J. O'Connor, Re: Pre-Motion Conference Letter dated October 28, 2015. Document filed by The Bethel Springvale Nursing Home, Inc..(O'Connor, Kevin) (Entered: 10/28/2015) | |||
| 2015-11-02 | 45 | 0 | LETTER RESPONSE to Motion addressed to Judge Nelson Stephen Roman from David D. Barnhorn, Esq. dated November 2, 2015 re: 44 LETTER MOTION for Conference addressed to Judge Nelson Stephen Roman from Kevin J. O'Connor, Re: Pre-Motion Conference Letter dated October 28, 2015. . Document filed by Shirley Nattoo, John T Vecchio, Nicola Williams. (Barnhorn, David) (Entered: 11/02/2015) | |||
| 2015-11-03 | 46 | 0 | MEMO ENDORSEMENT granting 44 LETTER MOTION for Conference addressed to Judge Nelson Stephen Roman from Kevin J. O'Connor, Re: Pre-Motion Conference Letter dated October 28, 2015. ENDORSEMENT: Pre-Motion Conference scheduled for Nov. 18, 2015 at 2:30 pm. The Clerk of the Court respectfully requested to terminate the motion (doc. 44). SO ORDERED. (Pre-Motion Conference set for 11/18/2015 at 02:30 PM before Judge Nelson Stephen Roman) (Signed by Judge Nelson Stephen Roman on 11/3/2015) (lnl) (Entered: 11/04/2015) | |||
| 2015-11-16 | 47 | 0 | ENDORSED LETTER addressed to Judge Nelson Stephen Roman from David S. Barnhorn dated 11/16/2015 re: Counsel requests an adjournment of the pre-motion conference. ENDORSEMENT: The application is granted. The Case Management Conference scheduled for Dec. 18, 2015 at 10:00am is converted to a Pre-motion Conference. (Pre-Motion Conference set for 12/18/2015 at 10:00 AM before Judge Nelson Stephen Roman.) (Signed by Judge Nelson Stephen Roman on 11/16/2015) (mml) (Entered: 11/16/2015) | |||
| 2016-02-29 | 48 | 0 | TRANSCRIPT of Proceedings re: conference held on 10/6/2015 before Magistrate Judge Judith C. McCarthy. Court Reporter/Transcriber: Christina Arends-Dieck, (914) 390-4103. 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 3/24/2016. Redacted Transcript Deadline set for 4/4/2016. Release of Transcript Restriction set for 6/3/2016.(Arends-Dieck, Christina) (Entered: 02/29/2016) | |||
| 2016-02-29 | 49 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 10/06/2015 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...(Arends-Dieck, Christina) (Entered: 02/29/2016) | |||
| 2016-03-07 | 50 | 0 | RULE 56.1 STATEMENT. Document filed by The Bethel Springvale Nursing Home, Inc.. (O'Connor, Kevin) (Entered: 03/07/2016) | |||
| 2016-03-07 | 51 | 0 | MOTION for Summary Judgment and Decertification. Document filed by The Bethel Springvale Nursing Home, Inc..(O'Connor, Kevin) (Entered: 03/07/2016) | |||
| 2016-03-07 | 52 | 0 | DECLARATION of Karen Werlau in Support re: 51 MOTION for Summary Judgment and Decertification.. Document filed by The Bethel Springvale Nursing Home, Inc.. (O'Connor, Kevin) (Entered: 03/07/2016) | |||
| 2016-03-07 | 53 | 0 | DECLARATION of Margie Graham in Support re: 51 MOTION for Summary Judgment and Decertification.. Document filed by The Bethel Springvale Nursing Home, Inc.. (O'Connor, Kevin) (Entered: 03/07/2016) | |||
| 2016-03-07 | 54 | 0 | DECLARATION of Michael Tayo in Support re: 51 MOTION for Summary Judgment and Decertification.. Document filed by The Bethel Springvale Nursing Home, Inc.. (O'Connor, Kevin) (Entered: 03/07/2016) | |||
| 2016-03-07 | 55 | 0 | DECLARATION of Nixon Conserve in Support re: 51 MOTION for Summary Judgment and Decertification.. Document filed by The Bethel Springvale Nursing Home, Inc.. (O'Connor, Kevin) (Entered: 03/07/2016) | |||
| 2016-03-07 | 56 | 0 | DECLARATION of Richard Keener in Support re: 51 MOTION for Summary Judgment and Decertification.. Document filed by The Bethel Springvale Nursing Home, Inc.. (O'Connor, Kevin) (Entered: 03/07/2016) | |||
| 2016-03-07 | 57 | 0 | DECLARATION of Kevin J. O'Connor in Support re: 51 MOTION for Summary Judgment and Decertification.. Document filed by The Bethel Springvale Nursing Home, Inc.. (Attachments: # 1 Exhibit A-b, # 2 Exhibit C, # 3 Exhibit D part 1, # 4 Exhibit D part 2, # 5 Exhibit E-G, # 6 Exhibit H-I, # 7 Exhibit J-K, # 8 Exhibit L-O, # 9 Exhibit P-Q, # 10 Exhibit R)(O'Connor, Kevin) (Entered: 03/07/2016) | |||
| 2016-03-07 | 58 | 0 | MEMORANDUM OF LAW in Support re: 51 MOTION for Summary Judgment and Decertification. . Document filed by The Bethel Springvale Nursing Home, Inc.. (O'Connor, Kevin) (Entered: 03/07/2016) | 2017-09-13 10:04:48 | 319e53665b2febad1cc97b4909548ed9f93343f0 | |
| 2016-03-07 | 59 | 0 | CERTIFICATE OF SERVICE of Notice of Motion and Supporting documents served on David D. Barnhorn, Esq. and Michael J. Borrelli, Esq. on 01/19/2016. Service was made by Mail. Document filed by The Bethel Springvale Nursing Home, Inc.. (Attachments: # 1 Text of Proposed Order)(O'Connor, Kevin) (Entered: 03/07/2016) | |||
| 2016-03-07 | 60 | 0 | MEMORANDUM OF LAW in Opposition re: 51 MOTION for Summary Judgment and Decertification. . Document filed by Nicola Williams. (Barnhorn, David) (Entered: 03/07/2016) | |||
| 2016-03-07 | 61 | 0 | COUNTER STATEMENT TO 50 Rule 56.1 Statement. Document filed by Nicola Williams. (Barnhorn, David) (Entered: 03/07/2016) | |||
| 2016-03-07 | 62 | 0 | LETTER addressed to Judge Nelson Stephen Roman from David D. Barnhorn, Esq. dated March 7, 2016 re: filing of declaration in opposition to Defendant's motion for summary judgment and to decertify the collective action. Document filed by Nicola Williams.(Barnhorn, David) (Entered: 03/07/2016) | |||
| 2016-03-08 | 63 | 0 | AFFIRMATION of David D. Barnhorn in Opposition re: 51 MOTION for Summary Judgment and Decertification.. Document filed by Nicola Williams. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z)(Barnhorn, David) (Entered: 03/08/2016) | |||
| 2016-03-08 | 64 | 0 | REPLY MEMORANDUM OF LAW in Support re: 63 Affirmation in Opposition to Motion,, . Document filed by The Bethel Springvale Nursing Home, Inc.. (O'Connor, Kevin) (Entered: 03/08/2016) | |||
| 2016-03-08 | 65 | 0 | DECLARATION of Kevin J. O'Connor, Esq. in Support re: 63 Affirmation in Opposition to Motion,,. Document filed by The Bethel Springvale Nursing Home, Inc.. (O'Connor, Kevin) (Entered: 03/08/2016) | |||
| 2016-03-08 | 66 | 0 | CERTIFICATE OF SERVICE of Reply Memorandm of Law in Support; Supplemental Declaration of Kevin J. O'Connor,Esq. served on David D. Branborn, Esq. and Michael J. Borrelli, Esq. on March 7, 2016. Service was made by Mail. Document filed by The Bethel Springvale Nursing Home, Inc.. (O'Connor, Kevin) (Entered: 03/08/2016) | |||
| 2016-06-21 | 67 | 0 | NOTICE of of Withdrawal as Counsel by Francis J. Giambalvo, Esq.. Document filed by The Bethel Springvale Nursing Home, Inc.. (Giambalvo, Francis) (Entered: 06/21/2016) | |||
| 2016-09-01 | 68 | 0 | ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Kevin J. O'Conner dated 9/1/2016 re: The parties request that the case be referred to mediation. ENDORSEMENT: The application is granted. (Signed by Judge Nelson Stephen Roman on 9/1/2016) (mml) (Entered: 09/07/2016) | |||
| 2016-09-01 | 69 | 0 | MEDIATION REFERRAL ORDER...the above-entitled action is 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. 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 9/12/2016. Mediator Expertise Request due by 9/6/2016. (Signed by Judge Nelson Stephen Roman on 9/1/2016) (mml) (Entered: 09/07/2016) | |||
| 2016-09-07 | 70 | 0 | MEMO ENDORSEMENT on re: 67 Notice of Withdrawal as Counsel by Francis J. Giambalvo, Esq. filed by The Bethel Springvale Nursing Home, Inc. ENDORSEMENT: SO ORDERED. Attorney Francis James Giambalvo terminated. (Signed by Judge Nelson Stephen Roman on 9/7/2016) (mml) (Entered: 09/07/2016) | |||
| 2016-11-14 | 71 | 0 | ORDER: Upon submission of written application to this Court, it is hereby ORDERED that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action. The date for which such authorization is provided is November 16, 2016. (Signed by Judge Nelson Stephen Roman on 11/14/2016) (mml) (Entered: 11/14/2016) | |||
| 2016-11-14 | 72 | 0 | ORDER: Upon submission of written application to this Court, it is hereby ORDERED that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action. The date for which such authorization is provided is November 16, 2016. (Signed by Judge Nelson Stephen Roman on 11/14/2016) (mml) (Entered: 11/15/2016) | |||
| 2017-09-12 | 74 | 0 | OPINION & ORDER re: 51 MOTION for Summary Judgment and Decertification. filed by The Bethel Springvale Nursing Home, Inc. For the foregoing reasons, Defendant's motion seeking summary judgment in its favor is DENIED as to the overtime and missed meal break claims and GRANTED as to the minimum wage claims. Defendant's motion to decertify the FLSA opt-in class is DENIED. The Clerk of the Court is respectfully directed to terminate the motions at ECF No. 51. The parties are directed to appear for a pre-trial status conference on October 5, 2017 at 10:00 a.m. ( Pretrial Conference set for 10/5/2017 at 10:00 AM before Judge Nelson Stephen Roman.) (Signed by Judge Nelson Stephen Roman on 9/12/2017) (rj) (Entered: 09/12/2017) | 2017-09-13 10:05:18 | 5374217d1c84bc40d241ace9add42c3646a7bfce |