Name: Pineda et al v. Jim-Mar Consultants, Inc. et al :: New York Eastern District Court :: Federal Civil Lawsuit No. 2:09-cv-05266, Judge Arthur D. Spatt presiding
Creator: New York Eastern District Court
Published: 2009-12-02
License: https://creativecommons.org/publicdomain/mark/1.0/
Keywords: court documents, legal case, docket, PACER, New York Eastern District Court

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37	Filed: 8/5/2011, Entered: None
	ORDER withdrawing 23 Motion to Amend/Correct/Supplement; withdrawing 26 Motion to Certify Class; withdrawing 29 Motion to Withdraw as Attorney. ; ORDER DISMISSING CASE. In light of the parties' representation that a settlement has been reached in this case, all pending motions are deemed withdrawn without prejudice, and the Clerk of the Court is respectfully directed to mark this case closed. So Ordered.. Ordered by Senior Judge Arthur D. Spatt on 8/5/2011. (Padilla, Kristin) (Entered: 08/09/2011)
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36	Filed: 8/8/2011, Entered: None
	Letter MOTION to Adjourn Conference - on consent by Jaime Pineda, Jorge Reyes, Mariano Vargas. (Kessler, Troy) (Entered: 08/08/2011)
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35	Filed: 5/6/2011, Entered: None
	Letter MOTION to Adjourn Conference on consent by Jaime Pineda, Jorge Reyes, Mariano Vargas. (Kessler, Troy) (Entered: 05/06/2011)
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34	Filed: 4/12/2011, Entered: None
	ORDER Re: 32 Proposed Pretrial Order - Ordered, that the attorney, John L. Juliano, Esq., is hereby relieved as attorney of record for the individual defendant, James Gambino, and it is further Ordered, that the aforesaid action is hereby stayed for thirty (30) days from the date hereof in order that the defendant, James Gambino, may retain a new lawyer in place and stead of John L. Juliano, Esq., or proceed with this action upon notice to the court to represent himself, pro se, and it is further Ordered that the application by the aforesaid John L. Juliano, Esq., to withdraw as attorneys for the corporate entities is hereby denied until such time as the aforesaid corporate defendants retain other counsel. Signed by Senior Judge Arthur D. Spatt on 4/12/2011. C/F. (Coleman, Laurie) (Entered: 04/14/2011)
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33	Filed: 4/13/2011, Entered: None
	AFFIDAVIT of Service for Proposed Order served on all parties on april 13,2011, filed by James Gambino. (Juliano, John) (Entered: 04/13/2011)
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32	Filed: 4/11/2011, Entered: None
	Proposed Pretrial Order Proposed Order to be Relieved by James Gambino (Juliano, John) (Entered: 04/11/2011)
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31	Filed: 3/29/2011, Entered: None
	MINUTE ENTRY for proceedings held before Senior Judge Arthur D. Spatt: Civil Cause for Motion Hearing held on 3/29/2011 at 11:17 a.m. Court Reporter: Perry Auerbach. Case called. Counsel for all parties present. Motion held. Other: Mr. Juliano's motion to be relieved as counsel to all defendants granted as to the individual defendant James Gambino - Denied as to the Corporation until the Corporation has new counsel and has filed a notice of appearance. Order on notice to be substituted by Mr. Juliano relieving him as counsel for James Gambino and within 30 days Mr. Gamgino to advise the Court if he will retain new counsel or proceed pro se. If no letter within 30 days from Mr. Gambino's the Court will hold Mr. Gambino in default. (Coleman, Laurie) Modified on 4/6/2011 to correct a typographical error. (Coleman, Laurie). (Entered: 04/06/2011)
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30	Filed: 3/24/2011, Entered: None
	ORDER Re: 29 MOTION to Withdraw Attorney. The attorneys for the parties, as well as the defendant James Gambino, are directed to appear on Tuesday, 3/29/2011 at 11:00 a.m. to address the defendants' counsel's motion to withdraw and the required substitution of counsel for the defendant corporations. Signed by Senior Judge Arthur D. Spatt on 3/24/2011. (Coleman, Laurie) (Entered: 03/28/2011)
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29	Filed: 3/14/2011, Entered: None
	Notice of MOTION to Withdraw as Attorney by James Gambino. (Juliano, John) (Entered: 03/14/2011)
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28	Filed: 3/2/2011, Entered: None
	Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Status Conference held on 3/1/2011. SCHEDULING: The next conference will be held on May 9, 2011 at 11 a.m. THE FOLLOWING RULINGS WERE MADE: I am staying further discovery in this action until the next conference on May 9. SEE ATTACHED ORDER for additional directives and information. Ordered by Magistrate Judge A. Kathleen Tomlinson on 3/1/2011. (Spatola, Richard) (Entered: 03/02/2011)
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27	Filed: 11/15/2010, Entered: None
	STATUS REPORT by Jaime Pineda, Jorge Reyes, Mariano Vargas (Kessler, Troy) (Entered: 11/15/2010)
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26	Filed: 11/10/2010, Entered: None
	Letter MOTION to Certify Class by Jaime Pineda, Jorge Reyes, Mariano Vargas. (Attachments: # 1 Proposed Order Proposed Order, # 2 Exhibit 1 - Notice of Pendency, # 3 Exhibit 2 - Consent to Join Form) (Kessler, Troy) (Entered: 11/10/2010)
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25	Filed: 10/27/2010, Entered: None
	MEMORANDUM in Support re 23 Notice of MOTION to Amend/Correct/Supplement Summons Issued, 1 Complaint, filed by Jaime Pineda, Jorge Reyes, Mariano Vargas. (Kessler, Troy) (Entered: 10/27/2010)
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24	Filed: 10/27/2010, Entered: None
	AFFIDAVIT/DECLARATION in Support re 23 Notice of MOTION to Amend/Correct/Supplement Summons Issued, 1 Complaint, filed by Jaime Pineda, Jorge Reyes, Mariano Vargas. (Attachments: # 1 Exhibit 1 - Proposed Amended Summons, # 2 Exhibit 2 - Proposed Amended Complaint, # 3 Exhibit 3 - Summons filed December 2, 2009, # 4 Exhibit 4 - Complaint filed December 2, 2009, # 5 Exhibit 5 - Corporate Resolution and Promissory Note, # 6 Exhibit 6 - Entity Information from NYS Department of State) (Kessler, Troy) (Entered: 10/27/2010)
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23	Filed: 10/27/2010, Entered: None
	Notice of MOTION to Amend/Correct/Supplement Summons Issued, 1 Complaint, by Jaime Pineda, Jorge Reyes, Mariano Vargas. (Kessler, Troy) (Entered: 10/27/2010)
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22	Filed: 10/26/2010, Entered: None
	ORDER. The Court will allow the Notice of Pendency to be circulated to current and former employees, within the applicable group described in the Courts previous Order, who have worked for the Defendants within six years prior to the commencement of this lawsuit. The proposed Notice and accompanying documents are to be submitted to the Court within 14 days of this Order. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 10/25/2010. (Spatola, Richard) (Entered: 10/26/2010)
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21	Filed: 10/26/2010, Entered: None
	CASE MANAGEMENT AND SCHEDULING ORDER: DEADLINES AND COURT APPEARANCES: Deadline for completion of initial disclosures required by Rule 26(a), October 5, 2010; First request for production of documents and first request for interrogatories due by November 15, 2010; Responses to discovery demands due by December 30, 2010; Deadline for joinder of additional parties and amendment of pleadings, January 14, 2011; Status Conference, March 1, 2011; All discovery, including production of all expert reports, if any, to be completed by June 6, 2011; Dispositive motion process started by July 8, 2011; Joint pretrial order due by July 29, 2011; Pretrial Conference, August 9, 2011. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 10/05/2010. (Spatola, Richard) (Entered: 10/26/2010)
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20	Filed: 10/26/2010, Entered: None
	Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Telephone Status Conference held on 10/05/2010. THE FOLLOWING RULINGS WERE MADE: I am implementing a Case Management and Scheduling Order to govern discovery. That Order is entered separately; I am giving the parties until November 15, 2010 to confer and reach an agreement on the method by which electronically stored information (ESI) shall be produced in this case. The parties are to file a letter on ECF no later than November 15 advising me of what agreement/ procedure has been put in place. SEE ATTACHED ORDER for my detailed rulings and directives. Ordered by Magistrate Judge A. Kathleen Tomlinson on 10/5/2010. (Spatola, Richard) (Entered: 10/26/2010)
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19	Filed: 9/27/2010, Entered: None
	ORDER granting 11 Motion to Certify Class. For the reasons set forth in the ATTACHED MEMORANDUM AND ORDER, Plaintiffs motion for conditional certification as a collective action pursuant to Section 216(b) of the FLSA is hereby GRANTED. The parties are directed to: (1) meet and confer regarding the drafting of an agreed upon Notice of Pendency and Consent to Join; and (2) submit the proposed Notice and accompanying documents to the Court within 21 days of this Order. Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/27/2010. (Spatola, Richard) (Entered: 09/27/2010)
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18	Filed: 9/1/2010, Entered: None
	SUGGESTION OF BANKRUPTCY Upon the Record as to Bankruptcy- stay by Jim-Mar Consultants, Inc. (Juliano, John) (Entered: 09/01/2010)
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17	Filed: 9/1/2010, Entered: None
	Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Telephone Status Conference held on 9/1/2010. SCHEDULING: A telephone conference will be held on October 5, 2010 at 4 p.m. THE FOLLOWING RULINGS WERE MADE: (1) Counsel reported today that one of the defendants (Jim Mar Granite) recently filed for bankruptcy, unbeknown to defendants' counsel in this action. I directed counsel to obtain a copy of the automatic stay order issued in the Bankruptcy Court and to file that order on ECF; (2) I am staying discovery for a brief additional period of 30 days in order to resolve the impact of the bankruptcy filing as well as settlement discussions. If this issue is not resolved by that date, I will proceed to implement a Case Management and Scheduling Order. SEE ATTACHED ORDER for additional rulings and information. Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/1/2010. (Spatola, Richard) (Entered: 09/01/2010)
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16	Filed: 7/28/2010, Entered: None
	Letter MOTION to Adjourn Conference on consent by Jaime Pineda, Jorge Reyes, Mariano Vargas. (Kessler, Troy) (Entered: 07/28/2010)
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15	Filed: 5/21/2010, Entered: None
	Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Status Conference held on 5/20/2010. The next conference will be held by telephone on August 5, 2010 at 10:30 a.m. Plaintiffs' counsel is requested to initiate the call to Chambers. I have agreed to withhold implementation of the Case Management and Scheduling Order for 60 days to give the attorneys and their clients an opportunity to work on a resolution. Plaintiffs' motion to certify this litigation as a collective action [DE 11] is held in abeyance, without prejudice, until the August 5 conference. See the attached Order for a detailed discussion of my rulings. Ordered by Magistrate Judge A. Kathleen Tomlinson. (Jacobwitz, Beth) (Entered: 05/21/2010)
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14	Filed: 5/13/2010, Entered: None
	Proposed Scheduling Order Amended by James Gambino (Juliano, John) (Entered: 05/13/2010)
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13	Filed: 5/13/2010, Entered: None
	Proposed Scheduling Order by James Gambino (Juliano, John) (Entered: 05/13/2010)
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12	Filed: 3/29/2010, Entered: None
	AFFIDAVIT/DECLARATION in Opposition re 11 Letter MOTION to Certify Class filed by James Gambino, Jim-Mar Consultants, Inc., Jim-Mar Marble & Granite of NYC, Inc.. (Juliano, John) (Entered: 03/29/2010)


11	Filed: 3/24/2010, Entered: None
	Letter MOTION to Certify Class by Jaime Pineda, Jorge Reyes, Mariano Vargas. Responses due by 3/29/2010 (Attachments: # 1 Exhibit 1-affidavit of Jaime Pineda, # 2 Exhibit 2-affidavit of Jorge Reyes, # 3 Exhibit 3-affidavit of Opt-in plaintiff Antonio Jimenez) (Matura, Marijana) (Entered: 03/24/2010)
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10	Filed: 3/19/2010, Entered: None
	SCHEDULING ORDER: An Initial Conference is hereby set for May 20, 2010 at 11:00 a.m. before Magistrate Judge Tomlinson. 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. Ordered by Magistrate Judge A. Kathleen Tomlinson on 3/19/2010. (Colinet, Paul) (Entered: 03/19/2010)
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9	Filed: 3/12/2010, Entered: None
	ANSWER to 1 Complaint, by James Gambino, Jim-Mar Consultants, Inc., Jim-Mar Marble & Granite of NYC, Inc.. (Juliano, John) (Entered: 03/12/2010)
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8	Filed: 3/3/2010, Entered: None
	CONSENT to become party in a class action. by Jaime Pineda, Jorge Reyes, Mariano Vargas (Kessler, Troy) (Entered: 03/03/2010)
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7	Filed: 1/15/2010, Entered: None
	ORDER Re: 6 Stipulation - The time for defendants Jim-Mar Consultants, Inc. d/b/a Jim-Mar Marble and Granite, Jim-Mar Marble & Granite of NYC, Inc. d/b/a Jim-Mar Marble & Granite and James Gambino to appear and to answer, amend or supplement the answer as of course or to make any motion with relation to the summons or to the complaint is hereby extended to and including 2/12/10. Signed by Senior Judge Arthur D. Spatt on 1/15/10. C/F. (Coleman, Laurie) (Entered: 01/26/2010)
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6	Filed: 1/14/2010, Entered: None
	STIPULATION re 1 Complaint, extending defendants' time to answer by James Gambino, Jim-Mar Consultants, Inc., Jim-Mar Marble & Granite of NYC, Inc. (Wexler, William) (Entered: 01/14/2010)
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5	Filed: 12/22/2009, Entered: None
	NOTICE of Appearance by Marijana F Matura on behalf of Jaime Pineda, Jorge Reyes, Mariano Vargas (aty to be noticed) (Matura, Marijana) (Entered: 12/22/2009)
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4	Filed: 12/22/2009, Entered: None
	SUMMONS Returned Executed by Jaime Pineda, Jorge Reyes, Mariano Vargas. (Kessler, Troy) (Entered: 12/22/2009)
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3	Filed: 12/22/2009, Entered: None
	SUMMONS Returned Executed by Jaime Pineda, Jorge Reyes, Mariano Vargas. Jim-Mar Marble & Granite of NYC, Inc. served on 12/21/2009, answer due 1/11/2010. (Kessler, Troy) (Entered: 12/22/2009)
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2	Filed: 12/22/2009, Entered: None
	SUMMONS Returned Executed by Jaime Pineda, Jorge Reyes, Mariano Vargas. James Gambino served on 12/21/2009, answer due 1/11/2010. (Kessler, Troy) (Entered: 12/22/2009)
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1	Filed: 12/2/2009, Entered: None
	COMPLAINT (rec. #NYEC001820) against James Gambino, Jim-Mar Consultants, Inc., Jim-Mar Marble & Granite of NYC, Inc. Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Jaime Pineda, Jorge Reyes, Mariano Vargas. (Attachments: # 1 Civil Cover Sheet) (Rodecker, John) (Entered: 12/03/2009)
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