| Court: | nysd |
| Docket #: | 1:16-cv-04581 |
| Case Name: | Romero Torres et al v. Biquette LLC et al |
| PACER case #: | 459003 |
| Date filed: | 2016-06-16 |
| Date terminated: | 2017-08-24 |
| Assigned to: | Judge J. Paul Oetken |
| Referred to: | Magistrate Judge James L. Cott (Settlement) |
| Case Cause: | 29:201 Denial of Overtime Compensation |
| Nature of Suit: | 710 Labor: Fair Standards |
| Jury Demand: | None |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Jonathan Romero Torres Plaintiff individually |
Joshua S. Androphy Michael Antonio Faillace |
| Jonathan Romero Torres Plaintiff on behalf of others similarly situated |
Joshua S. Androphy Michael Antonio Faillace |
| Evelyn Infante Vargas Plaintiff individually |
Joshua S. Androphy Michael Antonio Faillace |
| Evelyn Infante Vargas Plaintiff on behalf of others similarly situated |
Joshua S. Androphy Michael Antonio Faillace |
| Biquette LLC Defendant doing business asFrere de Lys |
|
| Thibaut Piettre Defendant |
|
| Alexis G. Piettre Defendant |
|
| Daniel S. Paroby Jr. Defendant |
Darren Paul Brian Rumack |
| Blaga S. Slaveykova-Paroby Defendant |
Darren Paul Brian Rumack |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2016-06-16 | 1 | 0 | COMPLAINT against Biquette LLC, Daniel S. Paroby Jr., Alexis G. Piettre, Thibaut Piettre, Blaga S. Slaveykova-Paroby. (Filing Fee $ 400.00, Receipt Number 0208-12430787)Document filed by Evelyn Infante Vargas(individually ), Jonathan Romero Torres(on behalf of others similarly situated), Evelyn Infante Vargas(on behalf of others similarly situated), Jonathan Romero Torres(individually ).(Faillace, Michael) (Entered: 06/16/2016) | |||
| 2016-06-16 | 2 | 0 | CIVIL COVER SHEET filed. (Faillace, Michael) (Entered: 06/16/2016) | |||
| 2016-06-16 | 3 | 0 | REQUEST FOR ISSUANCE OF SUMMONS as to Biquette LLC (d/b/a Frere de Lys), re: 1 Complaint,. Document filed by Evelyn Infante Vargas(individually ), Evelyn Infante Vargas(on behalf of others similarly situated), Jonathan Romero Torres(on behalf of others similarly situated), Jonathan Romero Torres(individually ). (Faillace, Michael) (Entered: 06/16/2016) | |||
| 2016-06-16 | 4 | 0 | REQUEST FOR ISSUANCE OF SUMMONS as to Thibaut Piettre, re: 1 Complaint,. Document filed by Evelyn Infante Vargas(individually ), Evelyn Infante Vargas(on behalf of others similarly situated), Jonathan Romero Torres(on behalf of others similarly situated), Jonathan Romero Torres(individually ). (Faillace, Michael) (Entered: 06/16/2016) | |||
| 2016-06-16 | 5 | 0 | REQUEST FOR ISSUANCE OF SUMMONS as to Alexis G. Piettre, re: 1 Complaint,. Document filed by Evelyn Infante Vargas(individually ), Evelyn Infante Vargas(on behalf of others similarly situated), Jonathan Romero Torres(on behalf of others similarly situated), Jonathan Romero Torres(individually ). (Faillace, Michael) (Entered: 06/16/2016) | |||
| 2016-06-16 | 6 | 0 | REQUEST FOR ISSUANCE OF SUMMONS as to Daniel S. Paroby Jr., re: 1 Complaint,. Document filed by Evelyn Infante Vargas(individually ), Evelyn Infante Vargas(on behalf of others similarly situated), Jonathan Romero Torres(on behalf of others similarly situated), Jonathan Romero Torres(individually ). (Faillace, Michael) (Entered: 06/16/2016) | |||
| 2016-06-16 | 7 | 0 | REQUEST FOR ISSUANCE OF SUMMONS as to Blaga S. Slaveykova-Paroby, re: 1 Complaint,. Document filed by Evelyn Infante Vargas(individually ), Evelyn Infante Vargas(on behalf of others similarly situated), Jonathan Romero Torres(on behalf of others similarly situated), Jonathan Romero Torres(individually ). (Faillace, Michael) (Entered: 06/16/2016) | |||
| 2016-06-17 | 8 | 0 | ELECTRONIC SUMMONS ISSUED as to Biquette LLC. (rch) (Entered: 06/17/2016) | |||
| 2016-06-17 | 9 | 0 | ELECTRONIC SUMMONS ISSUED as to Thibaut Piettre. (rch) (Entered: 06/17/2016) | |||
| 2016-06-17 | 10 | 0 | ELECTRONIC SUMMONS ISSUED as to Alexis G. Piettre. (rch) (Entered: 06/17/2016) | |||
| 2016-06-17 | 11 | 0 | ELECTRONIC SUMMONS ISSUED as to Daniel S. Paroby Jr.. (rch) (Entered: 06/17/2016) | |||
| 2016-06-17 | 12 | 0 | ELECTRONIC SUMMONS ISSUED as to Blaga S. Slaveykova-Paroby. (rch) (Entered: 06/17/2016) | |||
| 2016-06-17 | 13 | 0 | NOTICE OF APPEARANCE by Joshua S. Androphy on behalf of Evelyn Infante Vargas(individually ), Evelyn Infante Vargas(on behalf of others similarly situated), Jonathan Romero Torres(on behalf of others similarly situated), Jonathan Romero Torres(individually ). (Androphy, Joshua) (Entered: 06/17/2016) | |||
| 2016-07-09 | 14 | 0 | AFFIDAVIT OF SERVICE of Summons and Complaint,. Biquette LLC served on 7/5/2016, answer due 7/26/2016. Service was accepted by Sue Zouky, Authorized Agent in the Office of the Secretary of State. Document filed by Evelyn Infante Vargas(individually ); Jonathan Romero Torres(on behalf of others similarly situated); Evelyn Infante Vargas(on behalf of others similarly situated); Jonathan Romero Torres(individually ). (Faillace, Michael) (Entered: 07/09/2016) | |||
| 2016-07-30 | 15 | 0 | AFFIDAVIT OF SERVICE of Summons and Complaint,. Thibaut Piettre served on 7/20/2016, answer due 8/10/2016. Service was accepted by Affixed on Door of Home. Service was made by First Class Mail. Document filed by Evelyn Infante Vargas(individually ); Jonathan Romero Torres(on behalf of others similarly situated); Evelyn Infante Vargas(on behalf of others similarly situated); Jonathan Romero Torres(individually ). (Faillace, Michael) (Entered: 07/30/2016) | |||
| 2016-07-30 | 16 | 0 | AFFIDAVIT OF SERVICE of Summons and Complaint,. Blaga S. Slaveykova-Paroby served on 7/15/2016, answer due 8/5/2016. Service was accepted by Mr. Sam B, Co-Tenant. Document filed by Evelyn Infante Vargas(individually ); Jonathan Romero Torres(on behalf of others similarly situated); Evelyn Infante Vargas(on behalf of others similarly situated); Jonathan Romero Torres(individually ). (Faillace, Michael) (Entered: 07/30/2016) | |||
| 2016-07-30 | 17 | 0 | AFFIDAVIT OF SERVICE of Summons and Complaint,. Daniel S. Paroby Jr. served on 7/15/2016, answer due 8/5/2016. Service was accepted by Mr. Sam B, Co-Tenant. Document filed by Evelyn Infante Vargas(individually ); Jonathan Romero Torres(on behalf of others similarly situated); Evelyn Infante Vargas(on behalf of others similarly situated); Jonathan Romero Torres(individually ). (Faillace, Michael) (Entered: 07/30/2016) | |||
| 2016-07-30 | 18 | 0 | AFFIDAVIT OF SERVICE of Summons and Complaint,. Alexis G. Piettre served on 7/7/2016, answer due 7/28/2016. Service was accepted by John Piettre, Relative. Document filed by Evelyn Infante Vargas(individually ); Jonathan Romero Torres(on behalf of others similarly situated); Evelyn Infante Vargas(on behalf of others similarly situated); Jonathan Romero Torres(individually ). (Faillace, Michael) (Entered: 07/30/2016) | |||
| 2016-07-28 | 19 | 0 | LETTER from Blaga Slaveykova-Paroby and Daniel Paroby re: Defendants Paroby notify the Court that, as of now, they are expecting to hear back from Joshua Andropy, plaintiff's counsel, in order to settle their case without going to court; and that they are also responding and intend to take appropriate action on behalf of the company, Bisquette, LLC. Document filed by Daniel S. Paroby Jr., Blaga S. Slaveykova-Paroby.(sc) (Entered: 08/01/2016) | |||
| 2016-08-23 | 20 | 0 | NOTICE OF APPEARANCE by Darren Paul Brian Rumack on behalf of Daniel S. Paroby Jr., Blaga S. Slaveykova-Paroby. (Rumack, Darren) (Entered: 08/23/2016) | |||
| 2016-08-23 | 21 | 0 | LETTER MOTION for Extension of Time to file Answer or response to Complaint addressed to Judge J. Paul Oetken from Darren Rumack dated 8/23/16. Document filed by Daniel S. Paroby Jr., Blaga S. Slaveykova-Paroby.(Rumack, Darren) (Entered: 08/23/2016) | |||
| 2016-08-23 | 22 | 0 | ORDER granting 21 THE LETTER MOTION IS GRANTED. DEFENDANTS PAROBY AND SLAVEYKOVA-PAROBY SHALL ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT BY SEPTEMBER 23, 2016. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 08/23/2016) | |||
| 2016-09-23 | 23 | 0 | ANSWER to 1 Complaint,. Document filed by Daniel S. Paroby Jr., Blaga S. Slaveykova-Paroby.(Rumack, Darren) (Entered: 09/23/2016) | |||
| 2016-10-06 | 24 | 0 | ORDER: This action was filed on June 16, 2016. (Dkt. No. 1.) In their complaint, Plaintiffs allege that Defendants violated the Fair Labor Standards Act, 29 U.S.C. § 201, et seq. ("FLSA"), and New York Labor Law §§ 190, et seq., and 650, et seq. ("NYLL"). (As further set forth in this Order.) Plaintiffs are directed to notify the Court whether they intend to move for default judgment with respect to Defendants Biquette LLC, Thibault Piettre, or Alexis G. Piettre, or if they have received any communication from these Defendants or their counsel regarding their response to the complaint. If Plaintiffs fail by October 27, 2016, to either (1) file a letter concerning the status of the case, or (2) move for default judgment against Defendants Biquette LLC, Thibault Piettre, and Alexis G. Piettre, the action may be dismissed with respect to these Defendants for failure to prosecute. Plaintiffs are directed to serve copies of this order on Defendants Thibault Piettre and Alexis G. Piettre. (Signed by Judge J. Paul Oetken on 10/6/2016) (cf) (Entered: 10/06/2016) | |||
| 2016-10-21 | 25 | 0 | REQUEST TO ENTER DEFAULT against Biquette LLC (d/b/a Frere De Lys), Thibaut Piettre, and Alexis G. Piettre . Document filed by Evelyn Infante Vargas(individually ), Evelyn Infante Vargas(on behalf of others similarly situated), Jonathan Romero Torres(on behalf of others similarly situated), Jonathan Romero Torres(individually ). (Attachments: # 1 Proposed Certificate of Default - Biquette LLC, # 2 Proposed Certificate of Default - Thibaut Piettre, # 3 Proposed Certificate of Default - Alexis Piettre, # 4 Declaration in Support of Entry of Default)(Androphy, Joshua) (Entered: 10/21/2016) | |||
| 2016-10-21 | 26 | 0 | LETTER addressed to Judge J. Paul Oetken from Joshua S. Androphy dated October 21, 2016 re: Non-Appearing Defendants. Document filed by Evelyn Infante Vargas(individually ), Evelyn Infante Vargas(on behalf of others similarly situated), Jonathan Romero Torres(on behalf of others similarly situated), Jonathan Romero Torres(individually ).(Androphy, Joshua) (Entered: 10/21/2016) | |||
| 2016-10-31 | 27 | 0 | CLERK'S CERTIFICATE OF DEFAULT: as to Thibaut Piettre, issued on October 31, 2016. (dt) (Entered: 10/31/2016) | |||
| 2016-10-31 | 28 | 0 | CLERK'S CERTIFICATE OF DEFAULT: as to Biquette LLC, issued on October 31, 2016. (dt) (Entered: 10/31/2016) | |||
| 2016-10-31 | 29 | 0 | CLERK'S CERTIFICATE OF DEFAULT: as to Alexis Piettre, issued on October 31, 2016. (dt) (Entered: 10/31/2016) | |||
| 2017-05-04 | 30 | 0 | ORDER: Initial Conference set for 5/17/2017 at 10:45 AM in Courtroom 706, 40 Centre Street, New York, NY 10007 before Judge J. Paul Oetken, and as further set forth in this order. (Signed by Judge J. Paul Oetken on 5/4/2017) (ap) (Entered: 05/04/2017) | |||
| 2017-05-15 | 31 | 0 | CONSENT LETTER MOTION to Adjourn Conference Scheduled for May 17, 2017 addressed to Judge J. Paul Oetken from Joshua S. Androphy dated May 15, 2017. Document filed by Evelyn Infante Vargas(individually ), Evelyn Infante Vargas(on behalf of others similarly situated), Jonathan Romero Torres(on behalf of others similarly situated), Jonathan Romero Torres(individually ).(Androphy, Joshua) (Entered: 05/15/2017) | |||
| 2017-05-16 | 32 | 0 | ORDER granting 31 Letter Motion to Adjourn Conference. GRANTED. THE CONFERENCE IS ADJOURNED TO MONDAY, JUNE 5, 2017, AT 2:30 P.M. THE PARTIES SHOULD CONFER AND JOINTLY SUBMIT A CASE MANAGEMENT PLAN ON OR BEFORE FRIDAY, JUNE 2, 2017. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 05/16/2017) | |||
| 2017-06-01 | 33 | 0 | JOINT PRE-CONFERENCE STATEMENT Proposed case management plan. Document filed by Evelyn Infante Vargas(individually ), Evelyn Infante Vargas(on behalf of others similarly situated), Jonathan Romero Torres(on behalf of others similarly situated), Jonathan Romero Torres(individually ).(Faillace, Michael) (Entered: 06/01/2017) | |||
| 2017-06-05 | 34 | 0 | CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: The parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). This case is not to be tried to a jury. Deposition due by 10/10/2017. Fact Discovery due by 10/10/2017. Case Management Conference set for 10/11/2017 at 10:00 AM before Judge J. Paul Oetken. Ready for Trial by 11/27/2017. Counsel for the parties have conferred and their present best estimate of the length of trial is 1 day. (Signed by Judge J. Paul Oetken on 6/5/2017) (mml) (Entered: 06/05/2017) | |||
| 2017-06-05 | 35 | 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 James L. Cott. Conference to be held in August or September 2017, if possible. (Signed by Judge J. Paul Oetken on 6/5/2017) (mro) (Entered: 06/06/2017) | |||
| 2017-07-06 | 36 | 0 | ORDER. By Order of Reference dated June 5, 2017 (Dkt. No. 35), Judge Oetken referred this case to me for settlement. The parties are directed to advise the Court within 30 days of this order when they wish to schedule a settlement conference. The parties should do so by filing a letter on the docket that indicates at least three dates that are mutually convenient for the parties. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 7/6/2017) (rjm) (Entered: 07/06/2017) | |||
| 2017-08-03 | 37 | 0 | LETTER addressed to Magistrate Judge James L. Cott from Joshua S. Androphy dated August 3, 2017 re: Settlement in Principle. Document filed by Evelyn Infante Vargas(individually ), Evelyn Infante Vargas(on behalf of others similarly situated), Jonathan Romero Torres(on behalf of others similarly situated), Jonathan Romero Torres(individually ).(Androphy, Joshua) (Entered: 08/03/2017) | |||
| 2017-08-04 | 38 | 0 | MEMO ENDORSEMENT on re: 37 Letter, filed by Evelyn Infante Vargas, Jonathan Romero Torres. ENDORSEMENT: Having received this report of a settlement in principle, the Court will not schedule of settlement conference at this time. Instead, the parties are directed to submit their settlement agreement with a joint motion for approval to Judge Oetken no later than August 21, 2017. (Signed by Magistrate Judge James L. Cott on 8/4/2017) (kgo) (Entered: 08/04/2017) | |||
| 2017-08-21 | 39 | 0 | SETTLEMENT AGREEMENT and Request for Approval of Settlement Agreement as Fair. Document filed by Evelyn Infante Vargas(individually ), Evelyn Infante Vargas(on behalf of others similarly situated), Jonathan Romero Torres(on behalf of others similarly situated), Jonathan Romero Torres(individually ). (Attachments: # 1 Exhibit A: Settlement Agreement, # 2 Exhibit B: Attorneys' Billing Records)(Faillace, Michael) (Entered: 08/21/2017) | |||
| 2017-08-24 | 40 | 0 | ORDER: The parties have reached a settlement in this Fair Labor Standards Act ("FLSA") case, and have submitted a proposed settlement for the Court's approval. (Dkt. No. 39.) The proposed settlement is for $27,500, of which $9,500 or 34.54% will cover attorneys' costs and fees. The Plaintiffs will receive a total of $18,000. The Court has reviewed the terms of the proposed settlement and finds that they are fair and reasonable under Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 203, 206 (2d Cir. 2015). To that end, the proposed settlement at Docket Number 39 is approved, and the case is hereby DISMISSED WITH PREJUDICE. The Court shall retain jurisdiction solely to resolve any disputes arising from the settlement agreement and the settlement of this action. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge J. Paul Oetken on 8/23/2017) (ama) (Entered: 08/24/2017) | 2017-08-28 09:00:27 | b5a4947055581ff9b7cfc36a3dcfb8fa99dc8af7 |