ORDER Re: 44 Letter requesting that the motion hearing be adjourned - Application granted. Hearing is adjourned to 7/1/10 at 9:00 a.m. Signed by Senior Judge Arthur D. Spatt on 6/18/10. (Coleman, Laurie) (Entered: 06/22/2010)
ORDER Re: 41 Notice of MOTION to Certify Class - The parties are directed to appear for a hearing on 6/21/10 at 9:30 a.m. Signed by Senior Judge Arthur D. Spatt on 6/15/10. (Coleman, Laurie) (Entered: 06/16/2010)
Letter requesting adjournment of hearing on 7/21/10 on consent by Jeffrey Micheli, Trade-Winds Environmental Restoration, Inc., Arthur J. Wasserspring, Windswept Environmental Group, Inc. (Contini, Peter) (Entered: 06/15/2010)
MEMORANDUM in Support re 41 Notice of MOTION to Certify Class , Preliminarily Approve Settlment, and Authorize Class Notice filed by Sarah Chavez Cortez, Raul Cuessi, Theresa Filiberto, Luis Garzon, Robert Mackey, Jose Portillo, Jose Prudencio, Wilson Quinatocte, Michael Vitale, Guillermo Zhagney. (Kessler, Troy) (Entered: 06/01/2010)
AFFIDAVIT/DECLARATION in Support re 41 Notice of MOTION to Certify Class , Preliminarily Approve Settlment, and Authorize Class Notice filed by Sarah Chavez Cortez, Raul Cuessi, Theresa Filiberto, Luis Garzon, Robert Mackey, Jose Portillo, Jose Prudencio, Wilson Quinatocte, Michael Vitale, Guillermo Zhagney. (Attachments: # 1 Exhibit 1 - Plaintiffs' Complaint, # 2 Exhibit 2 - Defendants' Answer, # 3 Exhibit 3 - Stipulation of Settlement, # 4 Exhibit Exhibits A - D to Stipulation of Settlement) (Kessler, Troy) (Entered: 06/01/2010)
Notice of MOTION to Certify Class , Preliminarily Approve Settlment, and Authorize Class Notice by Sarah Chavez Cortez, Raul Cuessi, Theresa Filiberto, Luis Garzon, Robert Mackey, Jose Portillo, Jose Prudencio, Wilson Quinatocte, Michael Vitale, Guillermo Zhagney. (Kessler, Troy) (Entered: 06/01/2010)
ORDER DISMISSING CASE - Case closed subject to the terms of the Settlement Agreement. Signed by Senior Judge Arthur D. Spatt on 5/13/10. (Coleman, Laurie) (Entered: 05/20/2010)
Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Telephone Status Conference held on March 3, 2010. SCHEDULING: A telephone conference will be held on May 13, 2010 at 10 a.m. Plaintiffs' counsel is requested to initiate the call to Chambers. SEE ATTACHED ORDER for a summary of the rulings from today's Conference. (Tobin, Ellen) (Entered: 03/03/2010)
Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Telephone Conference held on January 29, 2010. THE FOLLOWING RULINGS WERE MADE: The next conference will be held by telephone on March 3, 2010 at 11:00 a.m. Plaintiffs' counsel is requested to initiate the call to Chambers. If the DOL acts prior to that time, counsel is requested to contact my Chambers so that we can move up the date of the conference. SEE ATTACHED ORDER for additional rulings. (Tobin, Ellen) (Entered: 02/01/2010)
Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Telephone Conference held on December 22, 2009. THE FOLLOWING RULINGS WERE MADE: Pursuant to the parties' request, a telephone conference was held to discuss issues related to the filing of the motion for approval of the proposed settlement. Another telephone conference will be held on January 29, 2010 at 2:00 p.m. for the parties to report back on the status of the various issues discussed today. Plaintiff's counsel is requested to initiate the call, with all counsel on the line, to Chambers at (631) 712-5760. SEE ATTACHED ORDER. (Tobin, Ellen) (Entered: 12/22/2009)
STATUS REPORT by Jeffrey Micheli, Kevin J. Phillips, Anthony P. Towell, Trade-Winds Environmental Restoration, Inc., Arthur J. Wasserspring, Windswept Environmental Group, Inc. (Contini, Peter) (Entered: 12/09/2009)
Letter MOTION for Extension of Time to File motion before the Hon. Arthur D. Spatt, USDJ, seeking approval of settlement by Robert Mackey. (Kessler, Troy) (Entered: 11/23/2009)
STATUS REPORT of November 11, 2009 by Sarah Chavez Cortez, Raul Cuessi, Theresa Filiberto, Luis Garzon, Robert Mackey, Jose Portillo, Jose Prudencio, Wilson Quinatocte, Michael Vitale, Guillermo Zhagney (Kessler, Troy) (Entered: 11/12/2009)
ORDER re 30 Status Report filed by Plaintiffs. The parties' application [DE 30] is GRANTED. The parties should provide the Court with the necessary Notice of Pendency and related documents by November 12, 2009. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 10/15/2009. (Tobin, Ellen) (Entered: 10/15/2009)
Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Status Conference held on October 2, 2009. Counsel for the parties advise that they are on the verge of a complete settlement of this action. Accordingly, the parties are directed to notify me by October 9, 2009 whether the settlement has been achieved. If so, Plaintiffs' counsel will still need to prepare a proper Notice of Pendency. SEE ATTACHED ORDER. (Tobin, Ellen) (Entered: 10/14/2009)
Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Initial Conference Hearing held on 8/21/2009. SCHEDULING: A telephone status conference will be held on October 2, 2009 at 2 p.m. Plaintiffs' counsel is requested to initiate the call to Chambers. THE FOLLOWING RULINGS WERE MADE: I am adjourning the actual Initial Conference one more time, until October 2, 2009. I am also withholding implementation of the Case Management and Scheduling Order as the parties continue their good faith efforts at resolution. If for any reason it appears to the Court on October 2, 2009 that resolution is not immediately in sight, I will proceed to enter a schedule and discovery will proceed in an expedited manner. (Monaco, Laura) (Entered: 08/21/2009)
Proposed Scheduling Order by Sarah Chavez Cortez, Raul Cuessi, Theresa Filiberto, Luis Garzon, Robert Mackey, Jose Portillo, Jose Prudencio, Wilson Quinatocte, Michael Vitale, Guillermo Zhagney (Kessler, Troy) (Entered: 08/18/2009)
ORDER Re: 26 Stipulation of Discontinuance without prejudice as to defendants Phillips and Towell only. The caption is amended as further set forth herein. (Signed by Senior Judge Arthur D. Spatt on 8/5/09). (Coleman, Laurie) (Entered: 08/07/2009)
STIPULATION of Discontinuance Without Prejudice as to defendants Phillips and Towell only by Sarah Chavez Cortez, Raul Cuessi, Theresa Filiberto, Luis Garzon, Robert Mackey, Jose Portillo, Jose Prudencio, Wilson Quinatocte, Michael Vitale, Guillermo Zhagney (Kessler, Troy) (Entered: 08/04/2009)
CONSENT to become party in a class action. by Sarah Chavez Cortez, Raul Cuessi, Theresa Filiberto, Luis Garzon, Robert Mackey, Jose Portillo, Jose Prudencio, Wilson Quinatocte, Michael Vitale, Guillermo Zhagney (Kessler, Troy) (Entered: 07/28/2009)
LETTER dated 7/22/09 from Law Clerk to the Honorable Arthur D. Spatt to Counsel Re: I am writing to advise you that Docket # 23 will not be considered by the Court at this time because it fails to comport with Judge Spatts Individual Rules. See Section II(B). You may refile this document via ECF once you have revised it to include a proposed amended caption. (Coleman, Laurie) (Entered: 07/22/2009)
STIPULATION of Discontinuance as to defendants KEVIN J. PHILLIPS and ANTHONY P. TOWELL only by Sarah Chavez Cortez, Raul Cuessi, Theresa Filiberto, Luis Garzon, Robert Mackey, Jose Portillo, Jose Prudencio, Wilson Quinatocte, Michael Vitale, Guillermo Zhagney (Kessler, Troy) (Entered: 07/21/2009)
CONSENT to become party in a class action. by Sarah Chavez Cortez, Raul Cuessi, Theresa Filiberto, Luis Garzon, Robert Mackey, Jose Portillo, Jose Prudencio, Wilson Quinatocte, Michael Vitale, Guillermo Zhagney (Kessler, Troy) (Entered: 07/21/2009)
CONSENT to become party in a class action. by Sarah Chavez Cortez, Raul Cuessi, Theresa Filiberto, Luis Garzon, Robert Mackey, Jose Portillo, Jose Prudencio, Wilson Quinatocte, Michael Vitale, Guillermo Zhagney (Kessler, Troy) (Entered: 07/16/2009)
First MOTION to Adjourn Conference on June 19, 2009 by Windswept Environmental Group, Inc., Trade-Winds Environmental Restoration, Inc., Jeffrey Micheli, Kevin J. Phillips, Anthony P. Towell, Arthur J. Wasserspring. (Contini, Peter) (Entered: 06/15/2009)
CONSENT to become party in a class action. by Sarah Chavez Cortez, Luis Garzon, Jose Portillo, Wilson Quinatocte, Guillermo Zhagney, Robert Mackey, Michael Vitale, Raul Cuessi, Theresa Filiberto, Jose Prudencio (Kessler, Troy) (Entered: 05/11/2009)
CONSENT to become party in a class action. by Sarah Chavez Cortez, Luis Garzon, Jose Portillo, Wilson Quinatocte, Guillermo Zhagney, Robert Mackey, Michael Vitale, Raul Cuessi, Theresa Filiberto, Jose Prudencio (Kessler, Troy) (Entered: 05/11/2009)
CONSENT to become party in a class action. by Sarah Chavez Cortez, Luis Garzon, Jose Portillo, Wilson Quinatocte, Guillermo Zhagney, Robert Mackey, Michael Vitale, Raul Cuessi, Theresa Filiberto, Jose Prudencio (Kessler, Troy) (Entered: 05/11/2009)
CONSENT to become party in a class action. by Sarah Chavez Cortez, Luis Garzon, Jose Portillo, Wilson Quinatocte, Guillermo Zhagney, Robert Mackey, Michael Vitale, Raul Cuessi, Theresa Filiberto, Jose Prudencio (Kessler, Troy) (Entered: 05/11/2009)
CONSENT to become party in a class action. by Sarah Chavez Cortez, Luis Garzon, Jose Portillo, Wilson Quinatocte, Guillermo Zhagney, Robert Mackey, Michael Vitale, Raul Cuessi, Theresa Filiberto, Jose Prudencio (Kessler, Troy) (Entered: 05/11/2009)
CONSENT to become party in a class action. by Sarah Chavez Cortez, Luis Garzon, Jose Portillo, Wilson Quinatocte, Guillermo Zhagney, Robert Mackey, Michael Vitale, Raul Cuessi, Theresa Filiberto, Jose Prudencio (Kessler, Troy) (Entered: 05/11/2009)
CONSENT to become party in a class action. by Sarah Chavez Cortez, Luis Garzon, Jose Portillo, Wilson Quinatocte, Guillermo Zhagney, Robert Mackey, Michael Vitale, Raul Cuessi, Theresa Filiberto, Jose Prudencio (Kessler, Troy) (Entered: 05/11/2009)
SCHEDULING ORDER: Initial Conference set for June 19, 2009 before Magistrate Judge A. Kathleen Tomlinson in Courtroom 910. No later than two business days before the discovery planning conference, the parties must submit, by means of electronic filing on the court's ECF (Electronic Case Filing) system, a joint proposed discovery plan. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 5/7/2009. (Tobin, Ellen) (Entered: 05/07/2009)
ANSWER to 1 Complaint by Windswept Environmental Group, Inc., Trade-Winds Environmental Restoration, Inc., Jeffrey Micheli, Kevin J. Phillips, Anthony P. Towell, Arthur J. Wasserspring. (Contini, Peter) (Entered: 05/06/2009)
Corporate Disclosure Statement by Windswept Environmental Group, Inc., Trade-Winds Environmental Restoration, Inc., Jeffrey Micheli, Kevin J. Phillips, Anthony P. Towell, Arthur J. Wasserspring identifying Corporate Parent Windswept Environmental Group, Inc., Corporate Parent Windswept Environmental Group, Inc. for Windswept Environmental Group, Inc.. (Contini, Peter) (Entered: 05/06/2009)
STIPULATION AND ORDER re 7 Stipulation filed. The time for defendants, Jeffrey Michell, Kevin J. Phillips, Anthony P. Towell and Arthur J. Wasserspring to respond to the summons and complaint in this action is extended up to and including the 6th day of May, 2009. Ordered by Senior Judge Arthur D. Spatt on 4/9/2009. (Mierzejewski, Elizabeth) (Entered: 04/27/2009)
STIPULATION Extending Time to Answer with cover letter to Justice Spatt requesting said stipulation be "So Ordered" by Jeffrey Micheli, Kevin J. Phillips, Anthony P. Towell, Arthur J. Wasserspring (Contini, Peter) (Entered: 04/08/2009)
SUMMONS Returned Executed by Robert Mackey. Windswept Environmental Group, Inc. served on 3/19/2009, answer due 4/8/2009. (Kessler, Troy) (Entered: 03/23/2009)
SUMMONS Returned Executed by Robert Mackey. Trade-Winds Environmental Restoration, Inc. served on 3/19/2009, answer due 4/8/2009. (Kessler, Troy) (Entered: 03/23/2009)
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