Minute Entry for proceedings held before Judge Jesse M. Furman: Initial Pretrial Conference held on 6/25/2018. Jordan El-Hag present for Plaintiffs. Rebecca Kimura present for Defendant. Court reporter present. (ab)
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (kl)
Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (kl)
***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Cyrus E. Dugger. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (kl)
ORDER: Accordingly, the Court approves the settlement and dismisses the case with prejudice. The Clerk of the Court is directed to close this case. All pending motions are moot. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/29/2018) (ne)
FIRST LETTER addressed to Judge Jesse M. Furman from Jordan El-Hag, Esq. dated August 24, 2018 re: Request for FLSA approval. Document filed by 5B6E47F, C20DDC5, FDFBFC7, 376305C. (Attachments: # 1 Exhibit Settlement agreement, # 2 Exhibit Attorney hours, # 3 Exhibit Damage computation)(El-Hag, Jordan)
ORDER: Accordingly, it is hereby ORDERED that, on or before August 24, 2018, the parties must submit the settlement agreement to the court along with a joint letter explaining the basis for the proposed settlement and why it should be approved as fair and reasonable, with reference to the factors discussed in Wolinsky. See Wolinsky, 900 F. Supp. 2d at 335-36. The letter should also address, if applicable, any incentive payments to the plaintiff and any attorney's fee award to plaintiff's counsel (with documentation to support the latter, if appropriate). The parties are advised that the Court will not approve any settlement agreement containing any of the following provisions: a confidentiality provision, unless the parties can show that there are reasons, specific to the case, sufficient to overcome the common law right of access to judicial documents. See id. at 337-41 (explaining the common law right of public access as it relates to settlement agreements in FLSA cases); see also Sanz v. Johny Utah 51 LLC, No. 14-CV-4380 (JMF), 2015 WL 1808935, at *2 (S.D.N.Y. Apr. 20, 2015); a release or waiver provision that releases or waives claims that have not accrued or claims unrelated to wage-and-hour matters, unless the parties can show that there are reasons, specific to this case, justifying such a broad release. See, e.g., Lopez v. Nights of Cabiria, LLC, 96 F. Supp. 3d 170, 181 (S.D.N,Y. 2015); or a clause that bars a plaintiff from making negative statements about a defendant unless it includes a carve-out for truthful statements about a plaintiff's experience in litigating his case, or unless the parties can show that there are reasons, specific to this case, justifying a non-disparagement clause without such a carve-out. See, e.g., Zapata v. Bedoya, No. 14-CV-4114, 2016 WL 4991594, at *2 (E.D.N.Y. Sept. 13, 2016). In the event that the settlement agreement does contain any of these provisions, the parties' joint letter should also indicate whether the parties (1) would adhere to the settlement in the event the Court is prepared to approve all but the provision(s) (in which case, the Court would, absent good cause, docket both the parties' joint letter and the settlement agreement itself notwithstanding any confidentiality provision) or (2) would abandon the settlement and continue to litigate this action in the event the Court does not approve the provision(s). All current deadlines in this case are adjourned sine die pending the submission of a settlement stipulation for the Court's review and approval. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/13/2018) (ne)
JOINT LETTER addressed to Judge Jesse M. Furman from Parties dated August 10, 2018 re: Case Status. Document filed by Premier Home Health Care Services, Inc..(Kimura, Rebecca)
ORDER re: 45 Letter filed by Premier Home Health Care Services, Inc., 44 Letter filed by C20DDC5, FDFBFC7, 376305C, 5B6E47F. The deadline for the parties to submit their proposed schedule with regard to Plaintiffs' wage and hour claims is extended, nunc pro tunc, to August 17, 2018. By that date, she parties shall also contact Magistrate Judge Moses's chambers to schedule a settlement conference. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/4/2018) (Text Only Order)(Furman, Jesse)
JOINT LETTER addressed to Judge Jesse M. Furman dated August 3, 2018 re: Continuance to Submit Proposed Schedule. Document filed by Premier Home Health Care Services, Inc..(Kimura, Rebecca)
LETTER addressed to Judge Jesse M. Furman from Jordan El-Hag, Esq. dated August 3, 2018 re: Notice of election of remedies. Document filed by 5B6E47F, C20DDC5, FDFBFC7, 376305C.(El-Hag, Jordan)
ORDER ADJOURNING SETTLEMENT CONFERENCE: The settlement conference previously scheduled to take place before Magistrate Judge Barbara Moses on Thursday, July 12, 2018 at 2:15 p.m., is ADJOURNED sine die. It is the parties' responsibility to reschedule the settlement conference when they believe it will be productive, or as directed by the District Judge. At such time the parties shall (a) file a joint letter on ECF so stating, and (b) contact Courtroom Deputy Kevin Snell at (212) 805-0228 to schedule the conference. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 6/29/2018) (cf)
ORDER: As discussed on the record at conference held earlier today, by July 30, 2018, Plaintiffs shall confer with counsel for Defendant and, unless and until the Court says otherwise, file either: A motion for leave to amend their complaint to add additional claims; A stipulation of voluntary dismissal; A motion for voluntary dismissal under Federal Rule of Civil Procedure 41(a)(2); A letter confirming Plaintiffs plan to proceed before this Court with their wage and hour claims. Unless Plaintiffs file a stipulation of voluntary dismissal, the parties should, by the same date, also file a joint letter with a proposed schedule with regard to the option chosen. In light of the foregoing, the parties shall defer mediation until a later date. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/25/2018) (ne)
NOTICE OF SUBSTITUTION OF COUNSEL AND ORDER: PLEASE TAKE NOTICE THAT, the above captioned named Plaintiffs, MARGARITA GONZOLEZ, C20DDC5, 5B6E47F f/k/a, CARMEN WUN, and FDFBFC7, hereby substitutes as attorney of record: Jordan A. El-Hag, Esq. El-Hag & Associates, P.C. 777 Westchester Ave, Suite. 101, White Plains, N.Y. 10601 (914) 218-6190(o) Jordan@Elhaglaw.com, As their counsel of record in the above captioned case, in place of both: The Duggar Law Firm, Shulman Kessler LLP as set forth in this Order. It is so ORDERED. Attorney Jordan Alexander El-Hag for 5B6E47F,Jordan Alexander El-Hag for C20DDC5,Jordan Alexander El-Hag for FDFBFC7,Jordan Alexander El-Hag for 376305C added. Attorney Troy L. Kessler; Saranicole Alfeche Duaban and Cyrus E. Dugger terminated. (Signed by Judge Jesse M. Furman on 6/13/2018) (rj)
MEMO ENDORSEMENT on re: 36 Notice of Substitution of Attorney, filed by C20DDC5, FDFBFC7, 376305C, 5B6E47F. ENDORSEMENT: In light of the parties' letters, the initial pretrial conference, currently scheduled for July 2, 2018, is RESCHEDULED for June 25, 2018, at 4:30 p.m. The Court will address the issues of amendment and mediation at that time. As for prior counsel's retention of the file, new counsel should make reasonable efforts to obtain the file directly from prior counsel before seeking any assistance from the Court. Per the Court's Notice of Initial Pretrial Conference, the parties' joint letter and proposed Case Management Plan shall be submitted by June 21, 2018. (Initial Conference set for 6/25/2018 at 04:30 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 6/13/2018) (ne)
LETTER addressed to Judge Jesse M. Furman from James E. McGrath, III dated June 11, 2018 Document filed by Premier Home Health Care Services, Inc..(McGrath, James)
NOTICE of Substitution of Attorney. Old Attorney: Cyrus Duggar, New Attorney: Jordan El-Hag, Address: El-Hag & Associates, P.C, 777 Westchester Ave., Suite 101, White Plains, New York, United States 10604, (914) 218-6190. Document filed by 5B6E47F, C20DDC5, FDFBFC7, 376305C. (Attachments: # 1 Exhibit proposed substitution of counsel)(El-Hag, Jordan)
ORDER granting 34 Letter Motion to Adjourn Conference. The initial pretrial conference is ADJOURNED to July 17, 2018, at 4:45 p.m. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
JOINT LETTER MOTION to Adjourn Conference addressed to Judge Jesse M. Furman from Cyrus E. Dugger (Filed Jointly on Behalf of All Parties) dated May 25, 2018. Document filed by 5B6E47F, C20DDC5, FDFBFC7, 376305C.(Dugger, Cyrus)
ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference is scheduled before Magistrate Judge Barbara Moses on Thursday, July 12, 2018, at 2:15 p.m., in Courtroom 20A, 500 Pearl Street, New York, NY 10007. (As further set forth in this Order.) (Settlement Conference set for 7/12/2018 at 02:15 PM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 5/24/2018) (cf)
ORDER denying as moot 12 Motion to Dismiss. In light of Defendant's answer (Docket No. 31 ), the earlier motion to dismiss is denied as moot. The initial pretrial conference, previously scheduled for March 13, 2018 (Docket No. 6 ), is hereby rescheduled for July 2, 2018, at 3:15 PM, in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Per the Court's initial notice (Docket No. 6 ), counsel should submit a joint letter by the Thursday prior to the conference containing certain information. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
ORDER: In light of the filing of the Amended Complaint in this Action, the parties are directed to contact chambers to reschedule the settlement conference within 10 days after (a) defendant has answered the Amended Complaint; or (b) the District Court has issued its decision on any motion to dismiss the Amended Complaint, whichever is earlier. (Signed by Magistrate Judge Barbara C. Moses on 4/19/2018) (cf)
AMENDED COMPLAINT amending 1 Complaint against Premier Home Health Care Services, Inc. with JURY DEMAND.Document filed by 376305C, 5B6E47F, C20DDC5, FDFBFC7. Related document: 1 Complaint.(Dugger, Cyrus)
ORDER granting in part and denying in part 24 Letter Motion to Adjourn Conference. Application GRANTED to the extent that the settlement conference set for April 18, 2018 is adjourned sine die. The parties are directed to contact chambers within 10 days of the decision on the pending motion to dismiss to reschedule the settlement conference. (Signed by Magistrate Judge Barbara C. Moses on 4/16/2018) (cf)
ORDER granting 25 Letter Motion for Extension of Time. The proposed schedule is GRANTED. Accordingly, Plaintiffs shall file their amended complaint by April 18, 2018. Defendants shall file their answer, a new motion to dismiss, or a letter stating that it will rely on its previously filed motion to dismiss within three weeks of Plaintiffs' filing of their amended complaint. Plaintiffs shall file their opposition to any motion to dismiss within one week of Defendant filing a new motion to dismiss or letter indicating that it will rely on its previously filed motion. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
JOINT LETTER MOTION for Extension of Time / Modification of Current Deadlines addressed to Judge Jesse M. Furman from Cyrus E. Dugger (Filed Jointly on Behalf of All Parties) dated April 10, 2018. Document filed by 5B6E47F, C20DDC5, FDFBFC7, 376305C.(Dugger, Cyrus)
JOINT LETTER MOTION to Adjourn Conference re Mediation addressed to Magistrate Judge Barbara C. Moses from Cyrus E. Dugger (Filed Jointly on Behalf of All Parties) dated April 10, 2018. Document filed by 5B6E47F, C20DDC5, FDFBFC7, 376305C.(Dugger, Cyrus)
MEMO ENDORSEMENT granting 21 Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to terminate Steven J. Seidenfeld as counsel and to terminate Docket No. 21. (Attorney Steven Joshua Seidenfeld terminated.) (Signed by Judge Jesse M. Furman on 2/26/2018) (ras)
DECLARATION of Steven J. Seidenfeld in Support re: 21 MOTION for Steven J. Seidenfeld to Withdraw as Attorney .. Document filed by Premier Home Health Care Services, Inc.. (Seidenfeld, Steven)
ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference is scheduled before Magistrate Judge Barbara Moses on Wednesday, April 18, 2018, at 2:15 p.m., in Courtroom 20A, 500 Pearl Street, New York, NY 10007. (As further set forth in this Order.) (Settlement Conference set for 4/18/2018 at 02:15 PM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 2/14/2018) (cf)
ORDER granting 18 Letter Motion for Extension of Time. The proposed briefing schedule is adopted. Plaintiffs' deadline to file an amended complaint or oppose Defendant's Motion to Dismiss is hereby extended to April 25, 2018. Defendant shall have three weeks after that deadline to file their answer, file a new motion to dismiss, or submit a letter to the Court stating that it will rely on the previously filed motion. Plaintiffs shall file any reply within one week of Defendant's filing, if appropriate. Given the length of this extension, the parties should not expect any further extensions. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
LETTER MOTION for Extension of Time addressed to Judge Jesse M. Furman from Saranicole A. Duaban dated February 13, 2018. Document filed by 5B6E47F, C20DDC5, FDFBFC7, 376305C.(Duaban, Saranicole)
ORDER granting 16 Letter Motion for Extension of Time. Application GRANTED. The parties are directed to contact Judge Moses' Courtroom Deputy Kevin Snell, at (212) 805-0228, no later than Monday, February 12, 2018. If the parties wish to conduct a judicially-supervised settlement conference at that time, they should propose at least two mutually convenient dates to do so. The parties are advised that Judge Moses usually conducts settlement conferences starting at 2:15 p.m., Monday to Thursday, but will be unavailable for civil proceedings the week of March 26, 2018. (Signed by Magistrate Judge Barbara C. Moses on 1/26/2018) (cf)
JOINT LETTER MOTION for Extension of Time addressed to Magistrate Judge Barbara C. Moses from Cyrus E. Dugger (Jointly Filed on Behalf of All Parties) dated February 5, 2018. Document filed by 5B6E47F, C20DDC5, FDFBFC7, 376305C.(Dugger, Cyrus)
ORDER: It is hereby ORDERED that Plaintiffs shall file any amended complaint by February 19, 2018. It is further ORDERED that if no amended complaint is filed, Plaintiff shall serve any opposition to the motion to dismiss by February 19, 2018. Defendant's reply, if any, shall be served by February 26, 2018. At the time any reply is served, the moving party shall supply the Court with one courtesy hard copy of all motion papers by mailing or delivering them to the United States Courthouse, 40 Centre Street, New York, New York. Finally, it is further ORDERED that the initial pretrial conference scheduled for March 13, 2018 is adjourned sine die. (Amended Pleadings due by 2/19/2018.) (Signed by Judge Jesse M. Furman on 1/30/2018) (ras)
DECLARATION of Jeannie O'Sullivan in Support re: 12 MOTION to Dismiss .. Document filed by Premier Home Health Care Services, Inc.. (Attachments: # 1 Exhibit A - Plaintiffs' Complaint, # 2 Exhibit B - Plaintiff 376305C time records for period December 18-30, 2016, # 3 Exhibit C - Plaintiff C20DDC5 time records for period July 20-30, 2015, # 4 Exhibit D - Plaintiff 5B6E47F time records for period October 26-November 8, 2013, # 5 Exhibit E - Plaintiff FDFBFC7 time records for period October 10-21, 2016, # 6 Exhibit F - Summary of the data from the time records attached to Declaration, # 7 Exhibit G - copies of annual wage notices provided to Plaintiffs' in 2012 and 2013)(McGrath, James)
WAIVER OF SERVICE RETURNED EXECUTED. Premier Home Health Care Services, Inc. waiver sent on 11/29/2017, answer due 1/29/2018. Document filed by 376305C ; 5B6E47F; C20DDC5; FDFBFC7. (Duaban, Saranicole)
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 Barbara C. Moses. (Signed by Judge Jesse M. Furman on 11/21/2017) (ras)
NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on March 13, 2018, at 3:00 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York, and as further set forth herein. (Initial Conference set for 3/13/2018 at 03:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 11/21/2017) (ras)
REQUEST FOR ISSUANCE OF SUMMONS as to Premier Home Health Care Services, Inc. a/k/a Premier Home Health Care, Inc., re: 1 Complaint. Document filed by 5B6E47F, C20DDC5, FDFBFC7, 376305C. (Dugger, Cyrus)
COMPLAINT against Premier Home Health Care Services, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-14384979)Document filed by 376305C, 5B6E47F, C20DDC5, FDFBFC7.(Dugger, Cyrus)
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