| Court: | nysd |
| Docket #: | 1:15-cv-05126 |
| Case Name: | Douglas et al v. Spartan Demolition Company LLC et al |
| PACER case #: | 444230 |
| Date filed: | 2015-06-30 |
| Assigned to: | Magistrate Judge Henry B. Pitman |
| Case Cause: | 15:2(a) Fair Labor Standards Act |
| Nature of Suit: | 710 Labor: Fair Standards |
| Jury Demand: | Both |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Shreal Douglas Plaintiff individually and on behalf of all other persons similarly situated |
William Coudert Rand |
| Eric Dupree Plaintiff individually and on behalf of all other persons similarly situated |
William Coudert Rand |
| Shaheem Jones Plaintiff Individually and on behalf of all other persons similarly situated |
William Coudert Rand |
| Michael Bautista Plaintiff Individually and on behalf of all other persons similarly situated |
William Coudert Rand |
| Joe Smith Plaintiff Individually and on behalf of all other persons similarly situated |
William Coudert Rand |
| Spartan Demolition Company LLC Defendant |
|
| Marc Alleyne Defendant |
|
| AJS Construction & Renovation Inc. Defendant |
AJS Construction & Renovation Inc. Austin Reis Graff |
| A.J.S. Project Management, Inc. Defendant |
Austin Reis Graff William Coudert Rand |
| John Does #1-10 Defendant |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2015-06-30 | 1 | 0 | COMPLAINT against AJS Construction & Renovation Inc., Marc Alleyne, Spartan Demolition Company LLC. (Filing Fee $ 400.00, Receipt Number 0208-11101763)Document filed by JOE Smith, Eric Dupree, Shreal Douglas, Shaheem Jones, Michael Bautista.(Rand, William) (Entered: 06/30/2015) | |||
| 2015-06-30 | 2 | 0 | CIVIL COVER SHEET filed. (Rand, William) (Entered: 06/30/2015) | |||
| 2015-06-30 | 3 | 0 | REQUEST FOR ISSUANCE OF SUMMONS as to SPARTAN DEMOLITION COMPANY LLC, MARC ALLEYNE, AJS CONSTRUCTION & RENOVATION INC., re: 1 Complaint,. Document filed by Michael Bautista, Shreal Douglas, Eric Dupree, Shaheem Jones, JOE Smith. (Rand, William) (Entered: 06/30/2015) | |||
| 2015-07-01 | 4 | 0 | ELECTRONIC SUMMONS ISSUED as to AJS Construction & Renovation Inc., Marc Alleyne, Spartan Demolition Company LLC. (moh) (Entered: 07/01/2015) | |||
| 2015-09-22 | 5 | 0 | NOTICE OF APPEARANCE by Austin Reis Graff on behalf of AJS Construction & Renovation Inc.. (Graff, Austin) (Entered: 09/22/2015) | |||
| 2015-09-22 | 6 | 0 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by AJS Construction & Renovation Inc..(Graff, Austin) (Entered: 09/22/2015) | |||
| 2015-09-22 | 7 | 0 | FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MOTION for Extension of Time to File Answer re: 1 Complaint, . Document filed by AJS Construction & Renovation Inc. (Graff, Austin) Modified on 9/24/2015 (db). (Entered: 09/22/2015) | |||
| 2015-09-23 | 8 | 0 | STIPULATION TO ADJOURN AJS'S TIME TO ANSWER, MOVE, OR OTHERWISE RESPOND TO THE COMPLAINT: IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN THE ATTORNEYS FOR THE PLAINTIFF AND DEFENDANT AJS CONSTRUCTION & RENOVATION INC. IN THIS ACTION THAT: The Defendant AJS CONSTRUCTION & RENOVATION INC.'s ("AJS") time to answer, move, or to otherwise respond to the Complaint in this Action is extended to October 9, 2015. (As is further set forth in this Order.) Motions terminated: 7 MOTION for Extension of Time to File Answer re: 1 Complaint, filed by AJS Construction & Renovation Inc. (AJS Construction & Renovation Inc. answer due 10/9/2015.) (Signed by Judge Andrew L. Carter, Jr on 9/23/2015) (spo) (Entered: 09/23/2015) | |||
| 2015-10-02 | 9 | 0 | ANSWER to 1 Complaint, with JURY DEMAND. Document filed by AJS Construction & Renovation Inc..(Graff, Austin) (Entered: 10/02/2015) | |||
| 2015-10-09 | 10 | 0 | ORDER SETTING INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/23/2015 at 02:45 PM in Courtroom 1306 at the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, NY 10007 before Judge Andrew L. Carter Jr. (Signed by Judge Andrew L. Carter, Jr on 10/9/2015) (mro) (Entered: 10/09/2015) | |||
| 2015-10-09 | 11 | 0 | AFFIDAVIT OF SERVICE. Spartan Demolition Company LLC served on 7/23/2015, answer due 8/13/2015. Service was accepted by Nancy Dougherty at NY Department of State. Document filed by Shreal Douglas. (Rand, William) (Entered: 10/09/2015) | |||
| 2015-10-09 | 12 | 0 | AFFIDAVIT OF SERVICE. Marc Alleyne served on 9/29/2015, answer due 10/20/2015. Service was accepted by John Smith. Document filed by Shreal Douglas. (Rand, William) (Entered: 10/09/2015) | |||
| 2015-10-09 | 13 | 0 | AFFIDAVIT OF SERVICE. AJS Construction & Renovation Inc. served on 7/23/2015, answer due 10/9/2015. Service was accepted by Nancy Dougherty of NY Dep't of State. Document filed by Shreal Douglas. (Rand, William) (Entered: 10/09/2015) | |||
| 2015-11-13 | 14 | 0 | FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - AMENDED COMPLAINT amending 1 Complaint, against AJS Construction & Renovation Inc., Marc Alleyne, Spartan Demolition Company LLC, A.J.S. Project Management, Inc. with JURY DEMAND.Document filed by Eric Dupree, Shreal Douglas, Shaheem Jones, Joe Smith, Michael Bautista, A.J.S. Project Management, Inc.. Related document: 1 Complaint, filed by Shaheem Jones, Joe Smith, Eric Dupree, Shreal Douglas, Michael Bautista.(Rand, William) Modified on 11/16/2015 (moh). (Entered: 11/13/2015) | |||
| 2015-11-16 | 15 | 0 | LETTER addressed to Judge Andrew L. Carter, Jr. from Austin Graff dated November 16, 2015 re: Request for a pre-motion conference. Document filed by A.J.S. Project Management, Inc., AJS Construction & Renovation Inc..(Graff, Austin) (Entered: 11/16/2015) | |||
| 2015-11-18 | 16 | 0 | LETTER RESPONSE to Motion addressed to Judge Andrew L. Carter, Jr. from William C. Rand dated 11-18-15 re: 7 MOTION for Extension of Time to File Answer re: 1 Complaint, . re Motion for permission to file a motion to dismiss. Document filed by Shreal Douglas. (Rand, William) (Entered: 11/18/2015) | |||
| 2015-12-21 | 17 | 0 | ORDER SETTING PRE-MOTION CONFERENCE: The Court is in receipt of a request for a Pre-Motion Conference from Defendants A.J.S. Project Management, Inc. and AJS Construction & Renovation Inc. and Plaintiffs' response. The Court will hold a Telephone Pre-Motion Conference in this case on January 5, 2016 at 10:15 a.m. Plaintiff should initiate the call to the other parties, and once all relevant parties are on the line, should contact the Court at (212) 805-0141 on the date and time specified above. Telephone Conference set for 1/5/2016 at 10:15 AM before Judge Andrew L. Carter Jr.. (Signed by Judge Andrew L. Carter, Jr on 12/21/2015) (kgo) (Entered: 12/21/2015) | |||
| 2016-01-06 | 18 | 0 | SCHEDULING ORDER: The Court held a telephone conference in this action on January 5, 2016. Defendants Marc Alleyne and Spartan Demolition Company LLC failed to appear. The Court will hold a telephone status conference on January 19, 2016 at 1:00 p.m. Plaintiffs should initiate the call to the Defendants and, once all relevant parties are on the line, should contact the Court at 212-805-0141 on the date and time specified above. Telephone Conference set for 1/19/2016 at 01:00 PM before Judge Andrew L. Carter Jr.. (Signed by Judge Andrew L. Carter, Jr on 1/6/2016) (kgo) (Entered: 01/06/2016) | |||
| 2016-01-20 | 19 | 0 | ORDER. The telephone status conference previously scheduled for January 19, 2016, is RESCHEDULED to January 26, 2016, at 1:00 p.m. Plaintiffs should initiate the call to the Defendants and, once all relevant parties are on the line, should contact the Court at 212-805-0141. (Telephonic Status Conference set for 1/26/2016 at 01:00 PM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 1/20/2016) (rjm) (Entered: 01/21/2016) | |||
| 2016-01-22 | 20 | 0 | ORDER: In its January 20, 2016 Order, the Court scheduled a conference for January 26, 2016. This Order misprinted the date- the conference will be held on January 25, 2016 at 1:00 p.m instead. Plaintiffs should initiate the call to the Defendants and, once all relevant parties are on the line, should Contact the Court at 212-805-0141. Telephone Conference set for 1/25/2016 at 01:00 PM before Judge Andrew L. Carter Jr.. (Signed by Judge Andrew L. Carter, Jr on 1/22/2016) (kgo) (Entered: 01/22/2016) | |||
| 2016-02-01 | 21 | 0 | ORDER: On January 25, 2016, the Court held a telephone status conference in this matter. William Rand appeared for plaintiffs, Austin Graff appeared for AJS defendants, and Marc Alleyne appeared prose. Spartan Demolition remains unrepresented and, thus, did not make an appearance. Limited discovery related to wages is to be completed by March 24, 2016. A joint status report with proposed briefing dates for any motion to dismiss should be filed by March 28, 2016. Discovery due by 3/24/2016. (Signed by Judge Andrew L. Carter, Jr on 2/1/2016) Copies Mailed By Chambers. (kgo) (Entered: 02/01/2016) | |||
| 2016-03-28 | 22 | 0 | FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Leave to File Motion for Summary Judgment addressed to Judge Andrew L. Carter, Jr. from Austin Graff dated March 28, 2016. Document filed by A.J.S. Project Management, Inc., AJS Construction & Renovation Inc..(Graff, Austin) Modified on 3/29/2016 (ldi). (Entered: 03/28/2016) | |||
| 2016-03-28 | 23 | 0 | LETTER addressed to Judge Andrew L. Carter, Jr. from William C. Rand dated 3/28/16 re: status update. Document filed by Shreal Douglas.(Rand, William) (Entered: 03/28/2016) | |||
| 2016-03-29 | 24 | 0 | LETTER addressed to Judge Andrew L. Carter, Jr. from Austin Graff dated March 28, 2016 re: Motion scheduling. Document filed by A.J.S. Project Management, Inc., AJS Construction & Renovation Inc..(Graff, Austin) (Entered: 03/29/2016) | |||
| 2016-04-05 | 25 | 0 | ORDER SETTING TELEPHONE CONFERENCE: The Court is in receipt of the status updates from the parties. The Court will conduct a telephone status conference in this action on April 12, 2016 at 12:15 p.m. Plaintiff should initiate the call to the other parties, and once all relevant parties are on the line, should contact the Court at (212) 805-0141 on the date and time specified above. Telephone Conference set for 4/12/2016 at 12:15 PM before Judge Andrew L. Carter Jr.. (Signed by Judge Andrew L. Carter, Jr on 4/5/2016) (kgo) (Entered: 04/05/2016) | |||
| 2016-04-12 | 26 | 0 | ORDER: The Court held a telephone status conference on April 12, 2016. The parties shall submit a joint report by April 27, 2016. (Signed by Judge Andrew L. Carter, Jr on 4/12/2016) (cf) (Entered: 04/12/2016) | |||
| 2016-04-12 | 27 | 0 | ORDER: It is hereby ordered that the deposition of Marc Alleyne take place on April 20, 2016. Deposition due by 4/20/2016. (Signed by Judge Andrew L. Carter, Jr on 4/12/2016) (kgo) (Entered: 04/12/2016) | |||
| 2016-04-19 | 28 | 0 | LETTER MOTION for Extension of Time to perfrom Deposition of Mark alleyne addressed to Judge Andrew L. Carter, Jr. from William C. Rand dated 4/19/16. Document filed by Shreal Douglas.(Rand, William) (Entered: 04/19/2016) | |||
| 2016-04-19 | 29 | 0 | ORDER granting 28 Letter Motion for Extension of Time. SO ORDERED. Deposition due by 4/27/2016. (Signed by Judge Andrew L. Carter, Jr on 4/19/2016) (kgo) (Entered: 04/19/2016) | |||
| 2016-04-27 | 30 | 0 | LETTER addressed to Judge Andrew L. Carter, Jr. from William C. Rand dated 4/27/16 re: Status Update. Document filed by Shreal Douglas.(Rand, William) (Entered: 04/27/2016) | |||
| 2016-05-27 | 31 | 0 | ORDER: The parties shall submit a joint status report by June 10, 2016. (Signed by Judge Andrew L. Carter, Jr on 5/27/2016) (kgo) (Entered: 05/27/2016) | |||
| 2016-06-03 | 32 | 0 | REQUEST TO ENTER DEFAULT against Spartan Demolition Company LLC and Marc Alleyne . Document filed by Michael Bautista. (Attachments: # 1 Exhibit Declaration in support of request to enter default)(Rand, William) (Entered: 06/03/2016) | |||
| 2016-06-07 | 33 | 0 | CLERK'S CERTIFICATE OF DEFAULT as to Spartan Demolition Company LLC. (jk) (Entered: 06/07/2016) | |||
| 2016-06-07 | 34 | 0 | CLERK'S CERTIFICATE OF DEFAULT as to Marc Alleyne. (jk) (Entered: 06/07/2016) | |||
| 2016-06-10 | 35 | 0 | LETTER addressed to Judge Andrew L. Carter, Jr. from William C. Rand, Esq. dated 6-10-16 re: Status Update. Document filed by Shreal Douglas.(Rand, William) (Entered: 06/10/2016) | |||
| 2016-09-30 | 36 | 0 | ORDER: The parties shall submit a joint status report by October 14, 2016. (Signed by Judge Andrew L. Carter, Jr on 9/30/2016) (kgo) (Entered: 09/30/2016) | |||
| 2016-10-14 | 37 | 0 | JOINT LETTER addressed to Judge Andrew L. Carter, Jr. from Austin Graff dated October 14, 2016 re: Joint Letter Regarding the Status of Discovery. Document filed by A.J.S. Project Management, Inc., AJS Construction & Renovation Inc..(Graff, Austin) (Entered: 10/14/2016) | |||
| 2017-01-13 | 38 | 0 | ORDER: The Court is in receipt of parties' status report from October, 14 2016. The Court will hold a telephone status conference on January 24, 2017 at 10:30 a.m. Plaintiff should initiate the call to the other parties, and once all relevant parties are on the line, should contact the Court at (212) 805-0141 on the date and time specified above. SO ORDERED., ( Telephone Status Conference set for 1/24/2017 at 10:30 AM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 1/13/2017) (ama) (Entered: 01/13/2017) | |||
| 2017-01-24 | 39 | 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 Henry B. Pitman. (Signed by Judge Andrew L. Carter, Jr on 1/24/2017) (anc) (Entered: 01/24/2017) | |||
| 2017-03-03 | 40 | 0 | SCHEDULING ORDER: All fact discovery in this matter shall be completed no later than April 7, 2017. A status telephone conference regarding the timing of the settlement conference is scheduled for 9:30 a.m. on April 11, 2017. Counsel for plaintiff is to initiate the conference call and contact my chambers at 212-805-6105 when all parties are on the line. Dispositive motions, if any, shall be made no later than May 8, 2017. The Pretrial Order, in the form required by Judge Carter's rules, along with all other pretrial submissions required by Judge Carter, shall be filed on June 8, 2017, as further set forth in this Order. Motions due by 5/8/2017. Fact Discovery due by 4/7/2017. Telephone Conference set for 4/11/2017 at 09:30 AM before Magistrate Judge Henry B. Pitman. Pretrial Order due by 6/8/2017. (Signed by Magistrate Judge Henry B. Pitman on 3/3/2017) Copies Sent By Chambers (cf) (Entered: 03/03/2017) | |||
| 2017-03-17 | 41 | 0 | LETTER MOTION for Discovery seeking Surety Bond, Time Sheets and Deposition of Site Supervisor Steve DiPietro addressed to Magistrate Judge Henry B. Pitman from William C. Rand, Esq. dated 3/17/17. Document filed by Shreal Douglas.(Rand, William) (Entered: 03/17/2017) | |||
| 2017-03-20 | 42 | 0 | LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Henry B. Pitman from Austin Graff dated March 20, 2017 re: 41 LETTER MOTION for Discovery seeking Surety Bond, Time Sheets and Deposition of Site Supervisor Steve DiPietro addressed to Magistrate Judge Henry B. Pitman from William C. Rand, Esq. dated 3/17/17. . Document filed by A.J.S. Project Management, Inc., AJS Construction & Renovation Inc.. (Graff, Austin) (Entered: 03/20/2017) | |||
| 2017-03-23 | 43 | 0 | MEMORANDUM OF LAW in Support re: 41 LETTER MOTION for Discovery seeking Surety Bond, Time Sheets and Deposition of Site Supervisor Steve DiPietro addressed to Magistrate Judge Henry B. Pitman from William C. Rand, Esq. dated 3/17/17. . Document filed by Michael Bautista. (Rand, William) (Entered: 03/23/2017) | |||
| 2017-03-29 | 44 | 0 | LETTER MOTION for Conference addressed to Magistrate Judge Henry B. Pitman from Austin Graff dated March 29, 2017. Document filed by A.J.S. Project Management, Inc., AJS Construction & Renovation Inc..(Graff, Austin) (Entered: 03/29/2017) | |||
| 2017-04-13 | 45 | 0 | ORDER granting 41 Letter Motion for Discovery; terminating 44 Letter Motion for Conference. Defendants AJS Construction & Renovation Inc. and A.J.S. Project Management, Inc. are to produce the construction surety bond covering the site at issue on or before April 21, 2017. The deadline for the completion of fact discovery is extended to April 27, 2017 solely to complete the deposition of Steve DiPietro. A settlement conference in this matter was scheduled for May 17, 2017 at 10:00 a.m. at which the presence of the plaintiffs is required. (As further set forth in this Order.) The Clerk of the Court is respectfully requested to close Docket Items 41 and 44. (Signed by Magistrate Judge Henry B. Pitman on 4/12/2017) Copies Sent By Chambers (cf) (Entered: 04/13/2017) | |||
| 2017-04-19 | 46 | 0 | FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR AMENDED COMPLAINT amending 1 Complaint, 14 Amended Complaint,, against A.J.S. Project Management, Inc., AJS Construction & Renovation Inc., Marc Alleyne, Spartan Demolition Company LLC with JURY DEMAND.Document filed by Eric Dupree, Shreal Douglas, Shaheem Jones, Joe Smith, Michael Bautista. Related document: 1 Complaint, filed by Shaheem Jones, Joe Smith, Eric Dupree, Shreal Douglas, Michael Bautista, 14 Amended Complaint,, filed by Shaheem Jones, Joe Smith, Eric Dupree, Shreal Douglas, A.J.S. Project Management, Inc., Michael Bautista.(Rand, William) Modified on 4/20/2017 (pc). (Entered: 04/19/2017) | |||
| 2017-04-21 | 47 | 0 | FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR AMENDED COMPLAINT amending 1 Complaint, 14 Amended Complaint,, 46 Amended Complaint,, against A.J.S. Project Management, Inc., AJS Construction & Renovation Inc., Marc Alleyne, Spartan Demolition Company LLC with JURY DEMAND.Document filed by Eric Dupree, Shreal Douglas, Shaheem Jones, Joe Smith, Michael Bautista. Related document: 1 Complaint, filed by Shaheem Jones, Joe Smith, Eric Dupree, Shreal Douglas, Michael Bautista, 14 Amended Complaint,, filed by Shaheem Jones, Joe Smith, Eric Dupree, Shreal Douglas, A.J.S. Project Management, Inc., Michael Bautista, 46 Amended Complaint,, filed by Shaheem Jones, Joe Smith, Eric Dupree, Shreal Douglas, Michael Bautista. (Attachments: # 1 Supplement Stipulation signed by parties permitting filing of amended Complaint)(Rand, William) Modified on 4/24/2017 (pc). (Entered: 04/21/2017) | |||
| 2017-04-24 | 48 | 0 | AMENDED COMPLAINT amending 47 Amended Complaint,,, against A.J.S. Project Management, Inc., AJS Construction & Renovation Inc., Marc Alleyne, John Does #1-10, Spartan Demolition Company LLC with JURY DEMAND.Document filed by Eric Dupree, Shreal Douglas, Shaheem Jones, Joe Smith, Michael Bautista. Related document: 47 Amended Complaint,,, filed by Shaheem Jones, Joe Smith, Eric Dupree, Shreal Douglas, Michael Bautista. (Attachments: # 1 Supplement Stipulation consenting to filing of Amended Complaint)(Rand, William) (Entered: 04/24/2017) | |||
| 2017-05-08 | 49 | 0 | LETTER MOTION for Extension of Time to File dispositive motion addressed to Magistrate Judge Henry B. Pitman from Austin Graff dated May 8, 2017. Document filed by A.J.S. Project Management, Inc., AJS Construction & Renovation Inc..(Graff, Austin) (Entered: 05/08/2017) | |||
| 2017-05-09 | 50 | 0 | ORDER granting 49 Letter Motion for Extension of Time to File dispositive motion. APPLICATION GRANTED. (Signed by Magistrate Judge Henry B. Pitman on 5/9/2017) (ras) (Entered: 05/09/2017) | |||
| 2017-05-10 | 51 | 0 | ANSWER to 48 Amended Complaint,, with JURY DEMAND. Document filed by A.J.S. Project Management, Inc., AJS Construction & Renovation Inc..(Graff, Austin) (Entered: 05/10/2017) | |||
| 2017-06-07 | 52 | 0 | JOINT LETTER MOTION for Extension of Time to File dispositive motion and pre-trial order addressed to Magistrate Judge Henry B. Pitman from Austin Graff dated June 7, 2017. Document filed by A.J.S. Project Management, Inc., AJS Construction & Renovation Inc..(Graff, Austin) (Entered: 06/07/2017) | |||
| 2017-06-14 | 53 | 0 | NOTICE of Consent to Magistrate. Document filed by Shreal Douglas. (Rand, William) (Entered: 06/14/2017) | |||
| 2017-06-15 | 54 | 0 | CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by A.J.S. Project Management, Inc., AJS Construction & Renovation Inc., Marc Alleyne, Michael Bautista, John Does #1-10, Shreal Douglas, Eric Dupree, Shaheem Jones, Joe Smith, Spartan Demolition Company LLC. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Henry B. Pitman. (Signed by Judge Andrew L. Carter, Jr on 6/15/2017) (anc) (Entered: 06/15/2017) | |||
| 2017-06-20 | 55 | 0 | ORDER granting 52 Letter Motion for Extension of Time to File dispositive motion and pre-trial order. The parties having reported that they have reached a settlement in principle, it is hereby ORDERED the deadlines for filing dispositive motions and pretrial submission are adjourned sine die. No later than July 31, 2017, the parties are either to submit their settlement to the Court for approval or provide a status report setting forth the status of their efforts to finalize the settlement. (Signed by Magistrate Judge Henry B. Pitman on 6/20/2017) Copies Mailed By Chambers. (ras) (Entered: 06/20/2017) | |||
| 2017-06-20 | 56 | 0 | FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Approve FLSA Settlement Agreement . Document filed by A.J.S. Project Management, Inc., AJS Construction & Renovation Inc.. (Attachments: # 1 Exhibit A - Settlement Agreement)(Graff, Austin) Modified on 8/18/2017 (ldi). (Entered: 06/20/2017) | |||
| 2017-07-07 | 57 | 0 | OPINION AND ORDER re: 56 MOTION to Approve FLSA Settlement Agreement , filed by A.J.S. Project Management, Inc., AJS Construction & Renovation Inc. The application of plaintiffs, AJS and C&R for approval of their proposed settlement agreement is denied without prejudice to renewal. Any renewed application for approval of the settlement should explain the rationale for the allocation of the proceeds among the plaintiffs and should eliminate the "no-assistance" provision discussed in the preceding paragraph, and as further set forth. (Signed by Magistrate Judge Henry B. Pitman on 7/7/2017) Copies transmitted by Chambers. (ras) Modified on 7/10/2017 (ras). (Entered: 07/07/2017) | 2017-07-09 22:16:04 | d89733bc11185b297f87a8cc104c89504984efd8 | |
| 2017-07-14 | 58 | 0 | MEMORANDUM OF LAW in Support re: 56 MOTION to Approve FLSA Settlement Agreement . . Document filed by Michael Bautista. (Attachments: # 1 Exhibit A: Revised Settlement Agreement, # 2 Exhibit B: Emails from Smith and Jones re Settlement Amount)(Rand, William) (Entered: 07/14/2017) | |||
| 2017-07-17 | 59 | 0 | MEMORANDUM OF LAW in Support re: 56 MOTION to Approve FLSA Settlement Agreement . Refiled with Correct Exhibits. Document filed by Michael Bautista. (Attachments: # 1 Exhibit A: Revised Settlement Agreement, # 2 Exhibit B: Emails from Plaintiffs re Settlement)(Rand, William) (Entered: 07/17/2017) | |||
| 2017-09-14 | 60 | 0 | LETTER MOTION to Substitute Attorney. Old Attorney: Austin Graff, New Attorney: Motion to Withdraw as counsel addressed to Magistrate Judge Henry B. Pitman from Austin Graff dated September 14, 2017. Document filed by A.J.S. Project Management, Inc., AJS Construction & Renovation Inc..(Graff, Austin) (Entered: 09/14/2017) | |||
| 2017-09-15 | 61 | 0 | ORDER granting 60 Letter Motion to Substitute Attorney. The motion of defense counsel, Austin R. Graff, Esq., to withdraw as counsel for defendants A.J.S. Project Management, Inc. ("AJS") and AJS Construction & Renovation Inc. ("C&R") is granted. Because AJS and C&R are corporations and because corporations can appear in an action only through counsel, Rowland v. California Men's Colony, 506 U.S. 194, 201-03 (1993); Grace v. Bank Leumi Trust Co., 443 F.3d 180, 192 (2d Cir. 2006); Jacobs v. Patent Enforcement Fund, Inc., 230 F.3d 565, 568 (2d Cir. 2000), it is imperative that the corporate defendants retain new counsel. Unless an attorney enters an appearance on behalf of AJS and C&R no later than October 15, 2017, it is my intention to enter a default judgment against AJS and C&R as to all claims against them. Mr. Graff is directed to provide a copy of this Order to A.J.S. Project Management, Inc. and AJS Construction & Renovation Inc. and to explain its meaning to them. (Attorney Austin Reis Graff terminated.) (Signed by Magistrate Judge Henry B. Pitman on 9/15/2017) Copies Transmitted By Chambers. (ras) Modified on 9/15/2017 (ras). Modified on 10/19/2017 (ras). (Entered: 09/15/2017) | |||
| 2017-10-19 | 62 | 0 | OPINION AND ORDER re: 56 MOTION to Approve FLSA Settlement Agreement. The application of plaintiffs, AJS and C&R for approval of their proposed settlement agreement is denied without prejudice to renewal. Any renewed application for approval of the settlement should either include a revised allocation of the settlement proceeds or provide a reasonable explanation of the rationale for the allocation of the proceeds among the plaintiffs. Plaintiffs' counsel is directed to provide a copy of this Order to A.J.S. Project Management, Inc. and AJS Construction & Renovation Inc., and as further set forth herein. (Signed by Magistrate Judge Henry B. Pitman on 10/19/2017) Copies Transmitted By Chambers. (ras) (Entered: 10/19/2017) | 2017-10-20 14:51:24 | 6405f19d59ad2af6fa3a145253126995fda59158 |